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A Bill to Amend an Act in Relation to
the Militia and a Guard for Home Defence.
Senate Bill, No. 35, Ses. 1863:

Electronic Edition.

North Carolina. General Assembly. Senate

Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.

Text scanned (OCR) by Barry Maglaughlin
Text encoded by Allen Vaughn and Natalia Smith
First edition, 2000
ca. 15K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,

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Source Description:
(text) A Bill to Amend An Act In Relation To The Militia And A Guard For Home Defence.
3 p.
[Raleigh, N. C.]
W. W. Holden, Printer to the State

Call number VCp 353.6 1863.1 (North Collection Collection, University of North Carolina at Chapel Hill)

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Library of Congress Subject Headings, 21st edition, 1998

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Page 1

SENATE BILL No., 35.]. . . . . .[SES. 1863.

Engrossed Bill from. House of Commons.

W. W. Holden Printer to the State


        SECTION 1. Be it enacted by the General Assembly of the
2 State of North-Carolina and it is hereby enacted by
3 authority of the same,
That neither the Governor of this
4 State nor the officers acting under an Act ratified on the
5 7th day of July, 1863 entitled "An Act in relation to the
6 Militia and a Guard for Home Defence," shall call out for
7 drill or muster the persons enrolled under said Act, oftener
8 than once a month in company drill, or oftener than twice
9 a year in battalion drill, which battalion drills shall take
10 the place of the company drills for the month in which
11 they are: appointed, unless when; called into actual service
12 to repel invasion, or suppress insurrection, or to execute
13 laws of the state.

        SEC. 2. Be it further enacted, That the Governor shall
2 have the power to use the Guards for Home Defence for
3 the purpose of arresting conscripts and deserters.

        SEC. 3. Be it further enacted, That in addition to the exemptions
2 contained in the Act to which this is an amendment,
3 there shall be exempt County Commissioners,
4 appointed under an Act entitled "An Act for the relief
5 wives and families of soldiers in the army," regular Millers,
6 Blacksmiths who have established shops, necessary
7 operatives in Factories and Foundries, the Attorney General,
8 Solicitors of the several circuits and counties, Physicians
9 of five years practice, Contractors with the State
10 or Confederate government and their necessary employees,

Page 2

11 one Editor to each newspaper and the necessary Compositors,
12 Mail Carriers, Professors in colleges and Teachers in
13 academies; Provided, always, that nothing herein contained
14 shall exempt any of the classes above named from
15 being called out to repel an invasion of the counties in
16 which they reside, or to suppress insurrection in the same.
17 Provided, further, that the Governor may exempt such
18 other persons as he may deem necessary.

        SEC. 4. Be it further enacted, That for failure to attend
2 at battalion drill, each field officer shall forfeit and pay one
3 hundred dollars, each captain and other officers who shall
4 fail to muster and drill their companies the times appointed,
5 shall forfeit and pay for each, failure fifty dollars, and if a
6 non-commissioned officer or private shall fail to attend at
7 company drill, lie shall forfeit and pay not less than five
8 nor more than twenty-five dollars; Provided, that every
9 absentee shall be allowed until the next muster to make
10 his excuse. The fines shall be adjudged by regimental
11 and company court martial, and judgments are to be
12 entered up and the fines collected in the same mode and
13 in accordance with the provisions of the Militia Law of
14 North-Carolina, passed at the Second Extra Session of the
15 General Assembly, 1861. It shall not be lawful for any
16 commissioned or non-commissioned officer or private soldier
17 in the Home Guards to be compelled to hunt and
18 arrest deserters in any other part of the State but the
19 counties in which they reside and the counties adjacent
20 thereto. And any officer or private soldier who
21 shall refuse or neglect to attend and discharge their
22 duty when ordered to hunt and arrest deserters, or
23 any other duty assigned to them as members of the Home
24 Guards, shall be liable to the penalties above prescribed
25 for each and every day they shall so fail, refuse or neglect.

        SEC. 5. Be it further enacted, That the Surgeon General,
2 by and with the advice and consent of the Governor, may
3 appoint Surgical Boards, not exceeding three, composed of
4 two physicians each, who, shall declare by their certificates

Page 3

5 those per sons who shall be exempt from service under the
6 Act to which this is an amendment, on account of mental
7 or physical disability.

        SEC. 6. Be it further enacted, That the Guards for Home
2 Defence, should they be called into service by the Governor,
3 under the authority given to him in the Act to
4 which this is an amendment, shall receive the same pay
5 rations and allowances as soldiers in the Confederate
6 States' service, and shall be subject to the rules and articles
7 of war of the Confederate States.

        SEC. 7. Be it further enacted, That this Act shall be in
2 force, and take effect from and after its ratification.