14 officers of companies shall be responsible for the safe 15 keeping of the drums, fifes, bugle horns and trumpets, 16 delivered to them for the use of their companies; 17 and it shall be the duty of the quartermaster general 18 to furnish such colors and musical instruments, and 19 to present his accounts therefor to the Legislature for 20 allowance.

SEC. 38. The adjutant general shall furnish blank 2 orders for the commanding officers of companies, to 3 order their non-commissioned officers or privates to 4 notify their men to attend all the inspections, trainings 5 and reviews, and meetings for the choice of officers, 6 which shall be ordered, also blank notifications or 7 orders to be left with the men, by the non-commis8 sioned officers or privates, ordered to notify as afore9 said; and it shall not be necessary that seals be affixed 10 to any orders whatever.

SEC. 39. Each company of artillery shall be pro2 vided with two good brass or iron field pieces, of such 3 calibre as the commander-in-chief may direct, with 4 carriages and apparatus complete, a caisson, forty 5 round shot and forty rounds of cannister shot; also 6 tumbrel harness, implements, laboratory and ordnance 7 stores, which may from time to time be necessary for 8 their complete equipment for the field. The com9 mander-in-chief shall order to be issued to each com10 pany of artillery, annually, a quantity of powder not 11 exceeding seventy five pounds to those companies 12 which have two six pounders, fifty pounds to those

13 which have two four pounders, and forty pounds to 14 those which have two three pounders, which shall be 15 expended on days of inspection and in experimental 16 gunnery. The commanding officer of each company 17 of artillery shall be accountable for the careful pre18 servation of the pieces, and all the apparatus afore19 said, appertaining to their equipment, and for the 20 proper expenditure of the ammunition suppled h 21 the government; and he shall lay before the comit22 tee on accounts of the Legislature, for allo ance, 23 his accounts of money actually expended in .oviding 24 horses to draw the field pieces and the tumbrel of 25 the company; provided, however, no allowance shall 26 be made, unless such company is ordered to appear 27 at a battalion, regimental, brigade or division inspec28 tion or review, or unless such company is ordered on 29 duty by the commander-in-chief.

SEC. 40. Whenever the governor on account of 2 any public exigency, shall issue his proclamation to 3 that effect, every town and plantation within this 4 State shall provide and deposit, and constantly keep 5 provided and deposited, in some suitable and con6 venient place, within said town or plantation, one 7 hundred pounds of musket balls, each of the eigh8 teenth part of a pound; one hundred and twenty 9 eight flints, suitable for muskets, for every sixty four 10 soldiers enrolled within said town or plantation except 11 artillerists; and also three copper, iron or tin camp 12 kettles; with powder at the rate of thirty two pounds

13 for every sixty four soldiers, enrolled within said town 14 or plantation, and the same proportion of the afore15 said articles for a greater or less number of soldiers 16 enrolled as aforesaid. Every town or plantation, 17 which shall neglect to keep constantly provided with 18 the articles aforesaid, and in the proportions afore19 said, shall forfeit and pay to the use of the State, a 20 sum not exceeding five hundred nor less than twenty 21 dollars, according to the nature and degree of the 22 neglect, to be recovered by indictment in any court 23 of competent jurisdiction. It shall be the duty of 24 each quartermaster of regiments of infantry to cause 25 to be prosecuted, every town or plantation within the 26 bounds of his regiment, which he shall, upon his in27 spection, find to be deficient either in quality or quan28 tity of military stores, required to be provided as 29 aforesaid, which he shall find to have neglected to 30 make the provisions, or any part thereof, required as 31 aforesaid. It shall be the duty of each town or plan32 tation treasurer, when such town or plantation by 33 virtue of this section, shall make any expenditure, to 34 make out an account thereof, and present the same, 35 verified by his oath, to the Legislature, who shall 36 examine and allow such sum, as shall appear to be 37 properly vouched and expended.

SEC. 41. Upon the requisition of any commanding 2 officer of a company for that purpose, at five days no3 tice, the treasurer of each city, town and plantation, 4 shall pay at the place of inspection and review, to each

5 officer and member of such company, including mu6 sicians, belonging to such city, town or plantation, 7 who shall then and there appear duly equipped, and in 8 the uniform of the company to which they severally be9 long, and shall faithfully perform military duty, the sum 10 of one dollar in lieu of rations; provided such officer or 11 member shall have appeared duly armed and equip12 ped, and performed military duty at each of the train13 ings mentioned in the seventy seventh section; but if 14 he shall have failed to appear at either of said train15 ings, as aforesaid, the sum of twenty five cents shall 16 be deducted for each of said trainings at which he 17 shall have so failed to appear; but nothing shall be 18 paid to any person who shall not appear, and perform 19 military duty at the review aforesaid. And it shall be 20 the duty of the clerk or commanding officer of each 21 company, on the said day of inspection and review, 22 and before the payments to be made as aforesaid, to 23 submit to the examination of the treasurer of the town 24 to which it belongs, the roll of said company, as kept 25 at the said several trainings mentioned in the seventy 26 seventh section, as well as on the day of inspection and 27 review, on which all absences and delinquences shall 28 have been noted; and the treasurer shall upon exami29 nation of said roll, kept as aforesaid, pay to each offi30 cer, soldier and musician, such sum as shall appear to 31 belong to him according to the tenor of this act. Every 32 city, town or plantation, which shall fail to pay such 33 sums as aforesaid, shall forfeit to the use of the com

34 pany, a sum equal to one dollar and fifty cents, for 35 every such person, who shall do duty on such inspec36 tion and review, to be sued for and recovered by the 37 clerk of said company, before any court of competent 38 jurisdiction. The treasurer of said city, town or 39 plantation, shall annually present his bill for so much 40 as he has actually paid to the officers and soldiers 41 aforesaid, to the legislature for allowance.

SEC. 42. The treasurer of every city, town or plan2 tation, shall supply, at the expense of the State, or 3 cause the commanding officer of each company of in4 fantry, light infantry, cavalry and riflemen, to be sup5 plied, with a quarter of a pound of good gun powder, 6 made into suitable blank cartridges, for each and ev7 ery non-commissioned officer and private, borne on 8 the company roll of such commander, exclusive of 9 conditional exempts, whenever such commanding of10 ficer's company is ordered to parade for review. Such 11 commanding officer shall make a written application 12 therefor, four days before such review, and shall re13 turn to, or account with said treasurer, for all the 14 powder he may receive, over and above one quarter 15 of a pound for each man actually on parade, at the 16 muster for which said powder was drawn; and the 17 treasurer aforesaid, shall annually present his account 18 for the expense of such powder, to the legislature for 19 allowance. Provided that when the commanding of20 ficer of a company raised at large, shall make requi21 sitions to the selectmen of a town, mayor of a city,