STATE OF MAINE. HOUSE OF REPRESENTATIVES, May 30, 1848. ORDERED, That three hundred and fifty copies of the foregoing Report be printed for the use of the House. SAMUEL BELCHER, Clerk. TWENTY-EIGHTH LEGISLATURE. No. 4. STATE OF MAINE. SENATE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-EIGHT. AN ACT in addition to the sixteenth chapter of the revised statutes. Be it enacted by the Senate and House of Representa tives in Legislature assembled, as follows: SECTION 1. Every able bodied white male citizen 2 resident within this state, who is, or shall be of the 3 age of eighteen years and under the age of forty-five 4 years, excepting persons already exempt from the 5 performance of military duty by the sixteenth chapter 6 of the revised statutes, idiots, lunatics, common drunk7 ards, vagabonds, paupers, and persons convicted of 8 infamous crime in this or any other state, shall be en9 rolled in the militia, officered, and returned to the Wm. T. Johnson, Printer to the State. 10 office of the adjutant general, agreeably to the pro11 visions of said sixteenth chapter of the revised 12 statutes. SEC. 2. 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 gover 5 nor and commander-in-chief is hereby authorized and 6 required to order out from time to time by draft or 7 otherwise as many of the militia, as the necessity of 8 the case may require. The militia when called into 9 actual service, shall be governed and trained accord 10 ing to the laws of the United States, and this state. SEC. 3. 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 the state. And 5 it shall be the duty of the mayor and aldermen, the 6 selectmen or assessors aforesaid, to appoint a time an 7 place of parade, for the militia in each city, town ɑ 8 plantation, and to order them to appear at the time 9 and place, by leaving a written or printed notice at the 10 usual place of residence of each soldier within the 11 respective limits, and then and there to proceed to 12 draft as many thereof, or to accept as many volunteers 13 as is required by the order of the commander-in-chief; 14 and the mayor and aldermen, selectmen or assessors, 15 shall notify the commander-in-chief forthwith, that 16 they have performed the duty aforesaid, by returning 17 to the commander-in-chief an alphabetical list of 18 those drafted or volunteered, and whenever any per19 son thus ordered out, detached or drafted, shall neglect 20 or refuse to appear at the time and place designated 21 by the mayor and aldermen, selectmen or assessors as 22 aforesaid, and shall not within twenty-four hours after 23 he shall have been notified, pay to the mayor and 24 aldermen, selectmen or assessors the sum of fifty dol25 lars, or procure an able bodied white male person in 26 his stead, such person on being ordered to march to 27 the place of rendezvous, shall be considered a soldier 28 to the detachment, and shall be dealt with accord29 ingly. SEC. 4. All civil officers named in this act, who 2 shall neglect or refuse at any time to obey the provi3 sions thereof, shall forfeit and pay not less than twenty 4 dollars, nor more than five hundred dollars for each 5 and every offense, to be recovered in any court of 6 competent jurisdiction, for the use and benefit of the 7 state. Volunteer Militia. SEC. 5. The active militia of this state shall con2 sist and be composed of volunteers, or companies 3 raised at large, without limitation or restriction as to 4 the numbers in the standing companies within whose 5 bounds they may be enlisted, and in all cases shall 6 first be ordered into service, to suppress riots, inva7 sions, or to aid civil officers in the execution of the 8 laws of the state. SEC. 6. The whole number of volunteers shall not 2 exceed four 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 as many as practicable 6 of the volunteer companies, with their officers, now 7 raised and organized, SEC. 7. If any division shall neglect or refuse for 2 the term of two years, to raise at large their quota of 3 volunteers, according to the provisions of this act, 4 the commander-in-chief may grant petitions to citi |