Captain's neglect.

call from the President of the United States, one hundred and fifty dollars. By a captain for failing to take an oath, to attend any court, to enrol his men, to give notice of a brigade, legionary, or battalion muster, to attend any muster armed, to cause his roll to be called, examine his company and report delinquencies, or to allot his company into divisions, from one to ten, for a regular rotine of duty, or to make any return as directed by this act, he shall forfeit and pay for each and every offence and neglect, a sum not exceeding twenty dollars; failing to call forth such officers and men, as shall from time to time be legally called from his company, upon any call from the President of the United States, or failing on such occasions to repair to the place of rendezvous, he shall forfeit and pay Subaltern's seventy-five dollars. By a subaltern officer, neglect. for failing to take an oath, to attend any court or muster, armed as directed, for each and every such offence he shall forfeit and pay a sum, at the discretion of the court of enquiry, not exceeding ten dollars; failing to repair to the place of rendezvous, armed as requir ed, when ordered upon any call from the President, he shall forfeit and pay fifty dollars, to be adjudged of and determined by the respective legionary courts of enquiry. Non-com- By a non-commissioned officer or soldier, for missioned failing to repair to his rendezvous when orofficer's ne- dered upon any call from the President, he shall forfeit and pay a sum not exceeding fifty dollars, to be adjudged of and determined by the respective battalion courts of enquiry, and moreover shall be enrolled in the class destined to perform the next tour of duty: all officers failing as before mentioned, shall be

glect.

subject to be arrested, tried, censured, or Penalties. cashiered, at the discretion of the battalion courts of enquiry. Any non-commissioned officer or soldier failing to attend at his brigade, legionary, battalion, or company muster, armed and equipped as the law directs, shall forfeit and pay a sum not less than seventy-five cents, nor more than five dollars, at the discretion of the battalion courts of enquiry. If any non-commissioned officer or private shall be returned as a delinquent in not appearing, armed and accoutred as the law directs, the court of enquiry before whom the same shall be tried, may, if it appear reasonable, remit the fine incurred by him, provided every such delinquent shall make it appear that he was unable to procure the legal equipment. Any private at or near the muster ground at any legionary, battalion, or company muster, who shall refuse or neglect to go into the ranks when required, shall forfeit and pay ten dollars.

der age, how paid.

Sec. 21. And be it further enacted, That Fines of the fines and penalties incurred by infants persons unand apprentices, for the breach or neglect of their duty, in any particular service, by law required of them, shall be paid by the parent, guardian or master.

lector, and

Sec. 22, And be it further enacted, That Legionary the legionary court of enquiry shall, at their court of enfirst meeting in each year, appoint by ballot, quiry to apa collector, who shall proceed to collect all point a colfines assessed by virtue of this act, as also, when. all fines incurred under the act of Congress, at their last session, empowering the President to organize the militia of the district of Columbia, not previously sent out for collection, upon a list thereof, certified by the clerk

1

Allowance

of 6 per cent.

of the court of enquiry, and delivered to him in sixteen days after each legionary court of enquiry, who shall give his receipt therefor, and having deducted a commission of six per centum, shall account for, and pay the residue into the hands of the paymaster, in three months thereafter, and in case of deCollector a fault, to be recovered against the collector, defaulter, to by motion, in any court of record within said be sued, and district, ten days notice of such motion being

how.

given to the collector, at the first legionary or regimental court of enquiry, after the time before limited, for accounting and paying to the paymaster as aforesaid, the fines collected by the collector, he shall make return, and report to said court of enquiry, of such fines as cannot be collected, by reason of the insolvency or want of effects of the delinquent or delinquents; and if the said collector shall fail to account for, and pay into the hands of the paymaster as aforesaid, in the time limited as aforesaid, all the residue of the fines by him collected as aforesaid, the whole amount of such fines, including his commission, shall be recovered against him, by motion, in any court of record within this district, ten days previous notice of such motion be-ing given to said collector, and if such collector shall fail to make return and report as aforesaid, of such fines as he shall be unable to collect by reason of the causes aforesaid, or shall make a false return and report of the same, the whole amount of the same shall be recovered of said collector, in like manner as if he had actually collected the same. And should any person so charged with fines, fail recoverable. to make payment when called on, the collector is hereby authorized to make distress

Fines not

paid, how

and sale therefor.

The collector shall imme- Collector to

diately after his appointment, and before he give bond shall proceed to his collection, give bond and & security. security for the faithful performance of his duty, in such penalty as the court of enquiry may think proper.

Fines to be

Sec. 23. And be it further enacted, That a fund for the fines thus paid into the hands of the pay- salaries of master by virtue of this act, shall be held as a officers, mufund for defraying the salaries of the officers sicians, &c. and other persons herein mentioned, and the also for furnishing the maintenance and instruction, and pay of musi- necessary cians, and of equipping and furnishing the equipage, militia with standards and musical instru- &c. ments, and uniforms in certain cases, with every other thing necessary; to be adjudged and determined by the legionary courts of enquiry, and all accounts passed by the said court, and certified by the lieutenant colonel commandant, shall be sufficient to authorise the paymaster to pay the same; the paymaster Paymaster of the legion shall keep a regular account of all monies shall settle received and disbursed by him on ac- his accounts count of the legion, and shall once in every once in 3 three months, render his accounts, and settle months. with the court of enquiry. The paymaster Shall give shall give bond and security, to be approved of by the court of enquiry, for the faithful per- security. formance of his duty, and shall be subject to the same mode of recovery for delinquency as

bond and

is herein prescribed in the case of a delin- Two and an quent collector, and shall be allowed a com- half per cen-mission of two and an half per centum on the tum allowed several sums by him disbursed.

on disburse

ments.

Sec. 24. And be it further enacted, That President the President of the United States be autho- authorised rised and empowered, on an invasion, or in- to call forth surrection, or probable prospect thereof, to 2 L

Vol. VI.

the militia on an invasion, &c.

and to appoint certain officers with pay.

call forth such a number of militia, and from such county, and in such a manner, whether by rotine of duty or otherwise, as he may deem proper; and for the accommodation, equipment and support of the militia, so at any time to be called forth, the President of the United States may appoint such quarter masters, commissaries, and other staff, as to him shall seem proper, and to fix their pay and allowances, and shall also take such measures for procuring, transporting and issuing all orders which may be necessary. Orders for the militia to be called forth as aforesaid, shall be sent to the commanding officer of the district of Columbia, with a notification of the place or places of rendezvous, who shall immediately take measures for detaching the same, with the necessary number and ranks of officers, by detail and rotation of duty or otherwise, as he may be ordered. Whenever any militia shall be called forth into actual sercalled forth, vice as aforesaid, they shall be governed by the articles of war, which govern the troops of the United States. And courts martial Courts mar- shall be held as therein are directed, to be composed of militia officers only, for the trial of any person, in the militia, but to the cashiering of any officer, or capital punishment of any person, the approbation of the President of the United States shall be necessary; and when Pay and ra- any militia shall be in actual service, they tions of the shall be allowed the same pay and rations as Power ofthe are allowed by law to the militia of the United command- States. If a sudden invasion shall be made ing officerof into either county in this district, or in case of the district, an insurrection in either county, the cominvasion or manding officer of the militia of the district, insurrec or of such county, is hereby authorised and

Militiawhen

how governed.

tial.

militia.

in case of

tion.