gleet and refu

cases.

their accounts for supplies to the Legislature for allowance. And whenever the Selectmen of any town or Assessors of Penalty for ne any plantation from which a detachment or part thereof as sal in such aforesaid shall march, and being notified by the Commanding officer of such detachment or part thereof, belonging to such town or plantation, and shall neglect or refuse to furnish the necessary supplies, camp equipage, and camp utensils, the town or plantation to which the Selectmen or Assessors, neglecting or refusing as aforesaid, belong, shall forfeit not less. than two hundred nor more than five hundred dollars, to be sued for and recovered by any person, who may prosecute. for the same, in an action on the case, in any Court of competent jurisdiction, one moiety to the prosecutor, and the other to the use of the State. And the officer to whom, or by whose order any camp equipage or camp utensils, shall be delivered, shall be accountable for the same, unless injured or lost by some accident not in his power to prevent.

to be paraded

once in a year.

tifying, &c.

SEC. 31. Be it further enacted, That all the troops of each All the militia division shall be paraded once in each year for review, in- for review, &e. spection and discipline, either in brigades, regiments, or battalions of regiments, (regard being had to the scattered or compact situation of the troops,) at such times as the Commanding officer of the divisions may order. And when a brigade review or inspection is ordered, the Commanding officer of the brigade shall appoint the place, and give notice. thereof to the Commanding officer of the division; when a regimental review or inspection is ordered, the Commanding Manner of no officer of the regiment shall appoint the place, and give notice thereof to the Commanding officer of the brigade; and when a review or inspection of a regimental battalion is ordered, the Commanding officer of the regiment shall appoint the place, and give notice thereof to the Commanding officer of the brigade. And the places to be appointed for reviews or inspections as aforesaid, shall always be as central as, in the judgment of the officer pointing out the place, convenience. will admit. And the artillery, cavalry, and other troops raised at large, and not annexed to any particular regiment, shall be reviewed and inspected once in each year, either by themselves, or with the brigades, regiments, or battalions of regiments, as the Commanding officer of the respective divisions may order and direct: Provided, That no officer, non-com- No officer &c. missioned officer or private, shall be obliged to travel more than fifteen miles to any brigade review.

compelled to

travel more

than 15 miles to brigade e view.

No military

tain town meet

SEC. 32. Be it further enacted, That no officer, non-commissioned officer or private shall be holden to perform any othe military duty on any day, (except on days which are or may allowed on cerbe specially prescribed by law,) on which the Selectmen of ing days. the town in which such officer, non-commissioned officer or private resides, shall appoint a meeting for the election of a Representative to the Legislature, nor shall there be any

State colours,

drums, fifes,

nished by

State.

military parade on the day pointed out by the Constitution of this State for the election of Governor, and Senators, nor on any day which may be appointed for the choice of electors of President and Vice President of the United States, or Representatives to Congress. And it shall not be lawful for any officer to parade his men on either of said days, unless in case of invasion made or threatened, or in obedience to the orders of the Commander in Chief, except as is herein before excepted.

SEC. 33. Be it further enacted, That each regiment of in&c. to be fur fantry and each battalion of cavalry or artillery shall be furnished with the State colours; and each company of infantry, artillery, light infantry, grenadiers and riflemen, shall be furnished with a drum and fife, or bugle horn, and each company of cavalry with a trumpet; and each Brigadier General after the first day of August next ensuing, is hereby authorized to draw orders upon the Quarter Master General in favor of the Commanding officers of regiments, battalions, and companies, for the above purposes, that the several regiments, battalions and companies may be supplied as aforesaid. And the Commanding officers of regiments and batofficers respon talions shall be responsible for the safe keeping of their colkeeping of colours; and the Commanding officers of companies shall be

Commanding

sible for safe

ours, &c.

Adiutant general to furnish

&e.

responsible for the safe keeping of the drums, fifes, bugle horns, and trumpets, delivered to them for the use of their companies; and it shall be the duty of the Quarter Master General to furnish such colours and musical instruments, and to present his accounts therefor to the Legislature for allowance. And the Adjutant General shall furnish blank orders blank orders, for the Commanding officers of companies to order their non-commissioned officers and privates to notify their men to attend all the inspections, trainings and reviews, and meetings for the choice of officers, which shall be ordered; also blank notifications or orders, to be left with the men by the non-commissioned officers or privates, ordered to notify as aforesaid; and Clerk's complaints to Justices of the Peace; and it shall not be necessary that seals be affixed to any orders whatever.

Parents, mas. ters, &c. to furnish their minors with arms and equipments.

SEC. 34. Be it further enacted, That all parents, masters or guardians, shall furnish all minors enrolled in the militia, who shall be under their care respectively, with the arms, and equipments, required by this Act; and if any parent, master or guardian, having any minor under his care, enrolled as aforesaid, shall neglect to provide such minor with the arms and equipments, required by this Act; or if said minor shall absent himself from any meeting of the company, to which he belongs, required by law, without sufficient excuse, the said parent, master or guardian is hereby subjected and made liable to the same forfeitures as such minor would be liable to. for a like deficiency, neglect or non

lowed for pro

appearance, if such minor were of age; and all persons lia- Six months alble by this Act to military duty, shall be allowed six months, viding arms immediately from and after their arrival at the age of eighteen ments. years, and not afterwards, within which to furnish themselves

and equip

able to arm

with the arms and equipments required by law: Provided Proviso respecthowever, That such parents, masters, or guardians as shall ing those unproduce, on or before the first Tuesday of May annually, and equip. certificates from the Overseers of the poor of the town or district in which they reside, of their inability to provide arms and equipments as aforesaid, to the Commanding officer of the company in which the minor under their care is enrolled, shall be exempted from the forfeitures aforesaid.

empts allowed

cate.

SEC. 35. Be it further enacted, That no non-commissioned No invalid ex officer or private of any company shall be exempted from without sur military duty on account of bodily infirmity, unless he shall geon's certifi obtain from the Surgeon or Surgeon's mate of the regiment to which he belongs, if either of those officers are commissioned in such regiments; if not, from some respectable physician, living within the bounds of the same, a certificate that he is unable to perform military duty on account of bodily infirmity, the nature of which infirmity is to be described in said certificate, and the Commanding officer of the company may, on the back of such certificate, discharge the noncommissioned officer or private, named therein, from performing military duty, for such a term of time, as he shall judge reasonable, not exceeding one year, which certificate, if approved and countersigned by the Commanding officer Certificates to of the regiment, or battalion, to which the disabled non-com- be countermissioned officer or private belongs, shall entitle him to exemption from military duty for the time specified. And any non-commissioned officer or private, having obtained a certificate as aforesaid, and who may be refused a discharge, may apply to the Commanding officer of the regiment for further examination of his case, and if on such examination, the Commanding officer of the regiment shall be well satisfied that the bodily infirmity of such non-commissioned officer or private is such that he ought to be discharged, he is hereby authorized to discharge him from military duty for such time as he shall judge reasonable, not exceeding one year, which being certified by the Commanding officer of the regiment on the back of the certificate, shall discharge the non-commissioned officer, or private, from military duty for the time specified by the Commanding officer of the regiment.

signed.

Pensions to be allowed in cer

death or

SEC. 36. Be it further enacted, That if any non-commissioned officer or private shall be killed, or die of wounds received when on any military duty required by this Act, his tain cases of widow, child or children, shall receive from the Legislature wounds, when such relief as shall be just and reasonable. And if any of- on duty. ficer, non-commissioned officer or private, shall be wounded,

Courts martial

vision, how appointed.

or otherwise disabled when on such duty, he shall receive from the State just and reasonable relief.

COURTS MARTIALS.

SEC. 37. Be it further enacted, That the Commander in general and di- Chief shall appoint general courts martial for the trial of all officers above the rank of Captain; and the Major Generals, or Commanding officers of divisions, each within his own division, shall appoint division courts martial for the trial of Captains and officers under that rank; and whenever a court martial is ordered, the officer ordering it shall appoint the president and marshal of the same; and if it be a general court martial, orders shall be issued to such divisions, as, in the opinion of the Commander in Chief, may most conveniently furnish the members thereof; if it be a division court martial, orders shall be issued to such brigades, regiments, battalions, or companies, within the division, as in the opinion of the Major General or Commanding officer of the division, may most conveniently furnish the members thereof. The president of a general court martial shall in no case be under the rank of Brigadier General, and the president of a division court martial shall in no case be under the rank of Colonel; and if any such officer appointed to serve as presiness or absence dent of such court shall be sick or necessarily detained from

Case of sick.

of president.

Members of

court, how detailed.

serving, the officer who ordered the court, shall, as soon as advised thereof, and without delay, appoint some other officer of the same grade to be president of said court, who shall forthwith, on receiving notice thereof, repair to the place where the court was ordered to sit, provided the time for sitting of said court has arrived. And whenever the Commanding officer of a division, brigade, regiment, or battalion, shall be ordered to furnish any officer or officers, as member or members, supernumerary or supernumeraries of a court martial, such officer or officers, including Staff officers, shall be regularly detailed from the roster of the division, brigade, regiment, or battalion, by the Commanding officers thereof, respectively, forthwith, after having received orders therefor as aforesaid; and the Commanding officers of divisions, brigades, and regiments, shall furnish the officers next below them in grade, with a certified copy of the rosters of the Staff officers respectively; but no Staff officer shall be detailed to serve on any court martial or court of inquiry in any case where the officer who appointed such Staff officer is to be tried, or has preferred charges against another officer: Provided however, That in case of inability, sickness, or absence of any officer whose turn it would be to serve on a court martial, the detailing officer shall certify such circumstance to the officer who ordered the court martial, and detail the officer next in rotation. And the officers, ordered to be detailed to serve on courts martial, shall be detailed in the following manner: Major Generals, by the Commander in

which courts

consist.

Chief, or his orders, from the general roster; Brigadier Generals, by the Commanding officers of divisions, from the division rosters; Colonels, Lieutenant Colonels, and Majors, by the Commanding officers of brigades, from the brigade rosters; and Captains and Subalterns, by the Commanding officers of regiments or battalions, from the regimental, or battalion rosters, as the case may be. All general courts Numbers of martial shall be constituted of a president, a judge advocate, martial shall six members, and a marshal; and every division court martial shall consist of a president, a judge advocate, a marshal, and four members. And the officer appointing a court mar- supernumeratial, may, at his discretion, order a number of officers, not ex-ries. ceeding two, to be detailed as supernumeraries, in addition to the number intended to serve as members, to attend the court at the organization thereof; and in case there should be any vacancy or vacancies, the judge advocate shall fill such vacancy or vacancies, from the supernumeraries, beginning with the highest in grade, and proceeding in regular rotation. All officers on a court martial shall take rank by seniority of commission, without regard to corps. Before any court martial shall proceed to the trial of any officer, the Judge Advocate shall administer to the president and each of the members, singly, the following oath :

Rank of off

cers.

dent and men

You, A. B. do swear, that without partiality, favor, affec- Oath of presition, prejudice, or hope of reward, you will well and truly try bers of court. the cause now before you, between this State and the person [or persons, if more than one is accused in the same complaint] to be tried; and you do further swear, that you will not di vulge the sentence of this court martial, until said sentence shall be promulgated in orders; and that you will not, on any account, at any time whatever, discover the vote or opinion of any member, unless required to give evidence thereof, as a witness, by a Court of Justice, in a due course of law. So help you GOD.

And the President shall administer to the Judge Advocate the following oath :

advocate.

You, A. B. do swear, that you will faithfully and impartial- Oath of judge ly discharge your duties as Judge Advocate on this occasion, as well to the State, as to the accused; and that you will not, on any account, at any time whatever, divulge the vote or opinion of any member of this court martial, or the sentence thereof, unless required to give evidence thereof, as a witness, by a Court of Justice, in due course of law. So help you GOD.

And the Judge Advocate shall administer to the marshal and supernumeraries the following oath:

shals and

super

You, A. B. do swear, that you will not divulge the sentence Oath of marof this court martial, until said sentence is promulgated in or- numeraries." ders; and that you will not, on any account, at any time whatever, discover the vote or opinion of any member, un