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SEC. 9. The ninety seventh chapter of the Revised 2 Statutes, and an act additional thereto, and all parts 3 of the ninety sixth chapter of the Revised Statutes, to 4 which this is additional, inconsistent with the provis5 ions of this act, are hereby repealed.

STATE OF MAINE.

IN SENATE, Feb. 14, 1845.

ORDERED, That 350 copies be printed for the use of the

legislature.

JAMES O. L. FOSTER, Secretary.

TWENTY-FIFTH LEGISLATURE.

No. 15.]

STATE OF MAINE.

[SENATE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND

FORTY-FIVE.

AN ACT in addition to the sixteenth chapter of the Revised Statutes.

Be it enacted by the Senate and House of Represent2 atives in Legislature assembled as follows:

3 SECTION 1. Every able bodied white male citizen, 4 resident within this State, who is, or shall be of the 5 age of eighteen years, and under the age of forty6 five years, excepting persons enlisting into volunteer 7 companies, persons already exempt from the perform8 ance of military duty by the sixteenth chapter of the 9 Revised Statutes, idiots, lunatics, common drunkards, 10 vagabonds, paupers, and persons convicted of any in11 famous crime in this or any other State, shall be en12 rolled in the militia.

SEC. 2. It shall be the duty of the assessors of cities, 2 towns and plantations within this State, to prepare a 3 list annually of all persons liable to be enrolled, living

Wm. T. Johnson, Printer to the State.

4 within their respective limits, and said assessors shall 5 annually place a list of such persons in the hands of 6 the clerk of every city, town or plantation in this 7 State, and it shall be the duty of every such clerk to 8 preserve such list of names in his office, and make an 9 annual return of the militia thus enrolled to the office 10 of the Adjutant General in the month of May or 11 June.

SEC. 3. The militia thus enrolled shall be subject 2 to no active duty whatever, except in case of insur3 rection, war, invasion, to prevent invasion, or other 4 public danger or emergency; in such case the gov5 ernor and commander-in-chief is hereby authorized 6 and required to order out from time to time, by draft 7 or otherwise, as many of the militia as the necessity 8 of the case may require. The militia whenever called 9 into actual service, shall be governed and trained ac10 cording to the laws of the United States and of this 11 State.

SEC. 4. If necessary, the order of the commander2 in-chief may be made and directed to the mayor and 3 aldermen of any city, the selectmen of any town or 4 the assessors of any plantation within this State. And 5 whenever such order is made and directed as afore6 said, it shall be the duty of the mayor and aldermen, 7 the selectmen or assessors aforesaid, to appoint a time 8 and place of parade for the militia, in each city, town 9 or plantation, and to order them to appear at the time 10 and place by leaving a written or printed notice at the

11 usual place of residence of each soldier within their 12 respective limits, and then and there proceed to draft 13 as many thereof, or to accept as many volunteers as 14 is required by the order of the commander-in-chief; 15 and the mayor and aldermen, selectmen or assessors 16 shall notify the commander-in-chief forthwith that they 17 have performed the aforesaid duty, by returning to 18 the commander-in-chief an alphabetical list of those 19 drafted or volunteered. And whenever any person 20 thus ordered out, detached or drafted, shall neglect or 21 refuse to appear at the time and place designated by 22 the mayor and aldermen, selectmen or assessors as 23 aforesaid, and shall not, within twenty-four hours after 24 he shall have been notified, pay to the mayor and al25 dermen, selectmen or assessors, the sum of fifty dol26 lars or procure an able bodied man in his stead, such 27 person on being ordered to march to the place of ren28 dezvous, shall be considered a soldier belonging to 29 the detachment, and shall be dealt with accordingly.

SEC. 5. All civil officers named in this act, who shall 2 neglect or refuse, at any time, to obey the provisions 3 thereof, shall forfeit and pay not less than twenty dol4 lars, nor more than five hundred dollars for each and 5 every offence, to be recovered in any court of com6 petent jurisdiction, for the use and benefit of the State.

Volunteer Militia.

SEC. 6. The active militia of this State shall con2 sist and be composed of volunteers, or companies

3 raised at large; and in all cases shall first be ordered 4 into service, to suppress riots, invasions, or to aid 5 civil officers in the execution of the laws of the State.

SEC. 7. The whole number of volunteers shall not 2 exceed seven thousand men, and shall be divided or 3 apportioned to each division of the militia throughout 4 the State, according to the number enrolled, in such 5 manner, however, as to retain all the volunteer com6 panies, with their officers, now raised and organized.

SEC. 8. If any division shall neglect or refuse to 2 raise at large their quota of volunteers according to 3 the provisions of this act, the commander-in-chief may 4 grant petitions to citizens to any other division to 5 raise at large the prescribed number of volunteers as 6 herein provided.

Organization.

SEC. 9. The commander-in-chief with advice of coun2 cil, may grant petitions for raising companies at large 3 not to exceed one hundred and twenty companies, 4 including those already raised.

SEC. 10. Whenever forty-eight men shall have been 2 enlisted and uniformed according to the provisions of 3 this act, an election of officers may be ordered, upon 4 notification being given by one or more of the peti5 tioners, attested by the mayor and aldermen of any 6 city, the selectmen of any town or the assessors of 7 any plantation in the State, to the commander-in8 chief.

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