To settle with auditor. Vouchers. Neglect; TREASURER OF THE POOR. CHAPTER 14. SEC. 5. He shall also, annually, within four days from the commencement of the October term of the Superior Court of his county, and on such other days as the auditor shall appoint, attend before the said auditor at the seat of justice, and render his account, with the vouchers, for settlement. If he wilfully omit this duty, he shall be deemed guilty of a misdemeanor, and shall be fined fifty dollars, and forfeit his office. He shall have notice of the day to appear before the auditor. CHAPTER 643, VOL. 19, LAWS OF DELAWARE. AN ACT IN RELATION TO THE TREASURER OF THE POOR OF SUSSEX Powers and SEC. 2. That all the duties imposed upon, powers vested in and acts required of the duties of Treas- Treasurer of the Poor of Sussex county by the laws of this State shall, by this act, be vested in County imposed upon, vested in and required of the County Treasurer for Sussex county, as urer of the Poor Treasurer. County Treas urer not required to give additional bond. To take effect. When. County Treasurer to receive addi tinal compensa tion of $100. fully and completely as if the same were incorporated and mentioned in this act, excepting only, that the County Treasurer for Sussex County or his successors in assuming the duties heretofore imposed upon the Treasurer of the Poor, shall not be required to give extra or additional bond to secure his fidelity, but the bond of the said County Treasurer shall be and remain the same as now fixed by law. Provided that none of the provisions of this act shall go into effect until the expiration of the term of the present Treasurer of the Poor Fund, for which he has been regularly chosen. SEC. 3. That the County Treasurer for Sussex County, in compensation for the additional services by this act imposed, shall receive in addition to his present salary the sum of one hundred dollars per annum. Passed at Dover, April 24, 1893. THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. TITLE THIRD. CHAPTER XV. OF THE PUBLIC ARMS AND DEFENCE. SEC. 20. If lost to be paid for. 21. Duties of adjutant general. Quartermasters to make returns to him. Reviews by major general. 23. Courts martial; how appointed. Judge advocate; duty. Accused to have a copy of the charges. Courts to be opened. Order of voting by members. Penalty for not serving on court 24. Courts martial for trial of privates,&c. 25. Oath of members. 26. Oath of commissioued officers; form; 27. Enlisted men, oath of; form. CHAPTER 25, VOL. 17, LAWS OF DELAWARE. CHAPTER 15 OF THE REVISED CODE AMENDED. ARSENALS. keep arsenal. His duties, SECTION 1. The arsenal in each county shall be under the care of the [Quartermaster, Chap. 429, vol. 17. for the same] who shall keep the same secured. He shall safely keep and preserve Quartermaster to therein all the public arms and accoutrements, and from time to time deliver out and receive into such arsenal such arms and accoutrements, when required by any officer having authority to make orders therefor. ARMS AND ACCOUTREMENTS. seize arms. SEC. 2. It shall be the duty of the sheriff, justices of the peace, constables, and mili- Public officers to tia officers of each county, to seize all public arms and accoutrements which are in any place, or shall be in possession of any person without authority, and deposit the same in the arsenal. SEC. 3. If suit be brought against any such officer for such seizure, the burden of the Proof. Chap. 429, vol. 17. Selling arms. Penalty. THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. proof shall lie on the plaintiff. If judgment be rendered against the officer, he shall not pay any costs, but they shall be borne by the county, and paid as other allowances. SEC. 4. It shall be the duty of the [quartermaster] of each county, at least once a year, to inspect, and, if necessary, cause to be cleaned the arms and accoutrements of his county, for which service he shall receive a reasonable compensation, to be allowed by the Levy Court. If he neglect to perform this duty, he shall, for every offence, forfeit and pay ten dollars. SEC. 5. If any person shall sell, buy, or give away, or have in possession without authority, any of the public arms or accoutrements, he shall be deemed guilty of a misdemeanor, and shall be fined not less than twenty, nor more than forty dollars. [SEC. 6. It shall be lawful for the white male citizens of this State, above the age of Chap. 429, vol. 17. eighteen years, to organize, in the respective counties, volunteer companies of infantry, Organization of companies. Title. Number of companies. Location of companies. Election of officers of companies. batteries of artillery, and troops of cavalry, who shall, as nearly as practicable, be officered, armed and equipped and disciplined according to the army regulation of the United States, and that such organized malitia shall thereafter be known as the "NATIONAL GUARD OF THE STATE OF DELAWARE;" provided, however, that in time of peace the said volunteer force shall not exceed eight companies of infantry, four of which may be organized in New Castle county, two in Kent, and two in Sussex counties, and two troops of cavalry, which may be organized and located at such points in the State as the interest of the service shall require. SEC. 7. The companies, batteries and troops shall elect, by ballot their respective commissioned officers, and whenever, according to the aforesaid regulations, there shall be a sufficient number of companies, troops, or batteries to compose a battalion, or Battalions and squadron, or regiment, then the corresponding grades of commissioned officers shall be regiments. elected by ballot by the commissioned officers of the respective companies, batteries, or troops composing such battalions, squadrons, or regiments, except that the colonel commanding the regiment shall appoint the adjutant thereof. The non-commissioned staff officers of the regiment shall be appointed by the colonel, and the non-commissioned staff and sioned officers of the several companies by the colonel upon the nomination of the cap Non-commis company officers, how appointed. Commissions. Expire on disbandment of command. Election, Generals, Chap. 429, vol. 17 tains of the respective companies. Whenever there shall be a sufficient number of regiments to form a brigade, the brigadier-general and brigade officers shall be elected by the commissioned line, field and staff officers of the several regiments or battalions composing such brigade, and all the commissioned officers to be thus chosen shall be commissioned by the Governor for the term of seven years; provided, however, that the commissions of the officers of the Governor's staff shall expire with the term of office of the Governor by whom they were appointed, and the commissions of any officer of any company, troop, battery, battalion, regiment, or brigade, shall at once expire if at any time such company, troop, battery, battalion, regiment, or brigade shall be disbanded.] SEC. 8. The Adjutant General shall give fifteen days' notice of elections of the commanding officers of a battalion, squadron, regiment, or brigade, to the commanding officers of each company or troop composing, or about to compose, such battalion, squadron, regiment, or brigade; and each commanding officer of a company, or troop, shall give five days' written notice of such election to every commissioned officer of his company, or troop, under the penalty of any fine, not exceeding thirty dollars, which fine may be imposed on him, for a failure, by a court martial. SEC. 9. The staff of the Commander-in-Chief shall consist of an Adjutant General, a Quartermaster General, and an Inspector General, each with the rank of brigadier general, one [Quartermaster] for each county and three Aids-de-Camp, each with the THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. rank of colonel. Aids. The Governor shall have authority to appoint such other officers as Commissary. may be necessary for the proper government, instruction and discipline of the military Adjutant General forces of the State. In time of peace the Adjutant General shall perform the duties to perform duties of Quartermaster General and Inspector General. of quartermas- [SEC. 10. Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one company quartermaster-sergeant, four ser- Infantry comgeants, eight corporals, two musicians, one wagoner, and not more than one hundred pany. nor less than twenty-five enlisted men. Each infantry regiment shall consist of one colonel, one lieutenant-colonel, one Infantry regimajor, one adjutant (an extra first lieutenant), one quartermaster (an extra first lieuten- ment. ant), one commissary of subsistence (an extra first lieutenant), one surgeon with the rank of major, one assistant-surgeon with the rank of first lieutenant, and one chaplain with the rank of captain, one sergeant-major, one quartermaster-sergeant, one com missary-sergeant, one hospital-steward, two principal musicians, and not less than six nor more than ten companies. In the Battalions, divisions. A battalion shall consist of not less than two nor more than five companies. ordinary arrangement of the troops, two regiments shall constitute a brigade, two bri- brigades and gades a division; but the Governor may, in his discretion, attach such members of regiments and battalions to any brigade, or such members of brigades to any division, as he may deem proper.] Troop. Squadron. SEC. 11. A troop of cavalry or dragoons shall consist of one captain, two lieutenants, one cornet, four sergeants, three corporals, one trumpeter, one farrier, one saddler, and fifty-four privates. A squadron shall consist of one major, and at least two troops of cavalry, or dragoons, and not more than four, and shall be formed whenever there shall be two troops of cavalry or dragoons in any brigade. A squadron shall also be entitled to one adjutant and one quartermaster. When the artillery in any brigade Artillery. shall form two or more companies, they shall compose a battalion, and shall be entitled to a major, adjutant and quartermaster. There shall be annually apropriated by Annual approthe State the sum of twelve hundred dollars, for the support of the organized militia priation. of the State, to be expended under the supervision and direction of the Adjutant General, whose duty it shall be, before drawing any warrant upon the State Treasurer, to submit the item or items of expenditure to the Governor for his approval, and upon the approval of the same, by the Governor, it shall be the duty of the State Treasurer to pay any such warrants presented to him out of any moneys in his hands. Provided that the amount hereby appropriated shall be divided equally among the companies Proviso. organized under the provisions of this act, who shall be of the proper standing and efficiency at the muster and inspection next preceding the distribution of the said moneys. How expended. SEC. 12. The [Quartermaster] of each county shall have charge of all the military Chap. 429, vol.17. stores in his county and shall collect all the public arms, and keep them in the arsenal in perfect order for duty; and he shall not give out the said arms except to the order Duties. is incurred. But the sheriffs of the respective counties shall have charge of the public Proceeds; how disposed of. Report. Chap. 429, vol. 17. Firearms. Troops. For war. To keep the peace. THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. such terms as the Governor may approve of, and the money received from such sale or sales shall be applied to and expended for the use and benefit of the militia of the State under the direction of the Governor of the State, in such manner and for such purposes as shall best promote the efficiency of said militia. Said Quartermaster-General shall report biennially to the Governor all moneys so received and distributed, to be by the Governor reported to the general assembly at its next session.] SEC. 13. Each [Quartermaster] before he enters upon the duties of his office, shall give bond to the State, with sufficient surety, to be approved by the Governor, in the sum of one thousand dollars, conditioned for the faithful performance of said duties; which bond the Governor shall immediately forward to the Secretary of State to be filed in his office. Bond and security shall also be given in the name of the State, by all officers to whom arms or accoutrements are delivered, for their safe return in proper order and condition. * * * SEC. 14. When it may be necessary to use any military force for public defense How called out. against foreign or domestic violence, the Governor shall have power, according to the emergency, to call out any volunteer companies or troops, or any part thereof, for that purChap. 429, vol. 17. pose; and the sheriff of any county, may by a written order, addressed to the captain or commanding officer of any company, or troop, or the major of any battalion, or colonel of any regiment, within the county, require the aid of such company, troop, battalion, or regiment for the suppression of a riot and the protection of the peace of the county. For every day's and night's service, whilst on such duty, the Levy Court of the county wherein the service is required shall allow each non-commissioned officer and private one dollar, and the commissioned officers two dollars each, besides all necessary expenses. The mayor of the city of Wilmington may, in like manner, call upon the volunteer force of said city, or upon the commanding officers of any company or troop in New Castle county, to aid in the suppression of a riot and in the preservation of the peace of said city; and all pay and expenses thereby incurred shall be paid by said Chap. 429, vol. 17. County Quarter- city and not by New Castle county. [And on all such occasions the quartermaster of master to furnish the county shall furnish the necessary transportation, camp and garrison equipage, commissary and ordinance stores as may be required.] How paid. Wilmington. transportation, &c. call. Fines. SEC. 15. All such requisitions of military force shall be made known to the forces, Failure to obey whose services are required, by the commanding officer thereof; and upon refusal of those notified to attend the summons and perform the duty required, they shall be fined as follows: each non-commissioned officer, or private, not less than thirty nor more than one hundred dollars, and each commissioned officer, not less than one hundred nor more than one thousand dollars, as the court martial shall in all such cases determine; and furthermore the commission of a commissioned officer shall become void. Forfeiture. Bad conduct. Fines. SEC. 16. Any commissioned officer who shall be guilty of disorderly, disobedient, or any unmilitary conduct, at any time when on duty, shall be put under arrest by the commanding officer, and tried by a court martial, and fined in any sum not exceeding fifty dollars, or he may be cashiered; if a non-commissioned officer, or private, shall be so guilty, he may be disarmed and put under guard, and fined at the discretion of the court martial, not less than two nor more than ten dollars; and for the purposes of this section, officers and soldiers of the militia shall be considered on duty whenever in the headquarters or armories of their regiment or companies. [Any officer or soldier Chap. 429, vol.17. cashiered or dishonorably discharged from the military service of this State shall be incapable of holding any office of honor, trust or emolument created by or existing under Disqualificaand by the authority of the State af Delaware.] tions. |