the watch

Art. 28. Any person belonging to the forces in the service for divulging of this State who shall make known the watch word to any word, &c. person not entitled to receive it according to the rules and discipline of war, or shall presume to give the parole or watch word different from what he received, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court martial.

the enemy with

money, &c.

Art. 29. Whosoever belonging to the forces in the serv- for relieving ice of this State shall relieve the enemy with money, victuals or ammunition; or shall knowingly harbor and protect an enemy, shall suffer such punishment as by the sentence of a court martial shall be inflicted.

ing with ene

Art. 30. Whosoever belonging to the Maine forces shall for correspondbe convicted of holding correspondence with, or giving intel- myligence to the enemy, either directly or indirectly, shall suffer such punishment as by the sentence of a court martial shall be inflicted.

taken, to be for

Art. 31. All public stores taken from the enemy by the Public stores forces in the service of this State, shall be secured for the the use of the use of the State.

State.

search of plun

Art. 32. If any officer or soldier shall leave his post or Funishment for colours to go in search of plunder, he shall, upon conviction are posi thereof, before a general court martial, suffer such punishment as by the sentence of the said court martial shall be inflicted.

compelling

the enemy.

Art. 33. If any commander of any garrison, fortress or for soldiers' post shall be compelled, by the officers or soldiers under his their officers to command, to give up to the enemy or to abandon it, the com- totny. missioned officers, non-commissioned officers or soldiers, who shall be convicted of having so offended, shall suffer death or such other punishment as shall be inflicted upon them by the sentence of a court martial.

tailers, &c.

Art. 34. All sutlers and retailers to the camp, and all Sutters and re persons serving with the troops of the State in the field, shall subject to or be subject to orders according to the rules and discipline of

war.

ders, &c.

corps are join

to command.

Art. 35. If, upon marches, guards or in quarters, differ- When different ent corps shall happen to join or to do duty together, the ed, eldest officer eldest officer by commission there on duty, or in quarters, shall command the whole, and give out orders for what is needful for the service, regard being always had to the several ranks of those corps, and the posts they usually occupy. Art. 36. If any regiments, troops or detachments of horse Different corps or foot shall happen to march with, or be encamped or quar- tered or marchtered with, any bodies or detachments of other troops, the ing together, co eldest officer, without respect to corps, shall take upon him by senior offi the command of the whole, and give the necessary orders to gard to corps. the service.

of troops quar

be commanded

eer without re

martial how or

Art. 37. A general court martial shall not consist of less General court than thirteen commissioned officers, and the President of ganized as to

numbers, &e.

Rank of offi.

cers.

Prosecutor in

behalf of State,

oath to mem

such court martial shall not be the Commander in Chief, nor Commanding officer of the troops in service or garrison, where the offender shall be tried, nor under the degree of a Field officer,

Art. 38. The members of courts martial, shall, when belonging to different corps, take rank as is herein before directed when on other duty.

Art. 39. Some person shall be appointed by the Comto administer manding officer, who shall order the court martial to prosecute in the name of the State of Maine; and in trials of offenders, such person shall administer to each member the following oath:

bers.

Form of oath.

Prosecutor to be sworn.

Form of his oatb.

Mode of giving

yotes.

Witnesses.

Form of oath.

Two thirds to agree when sentence of

You swear, that you will well and truly try and determine according to your evidence, the matter now before you, between the State of Maine and the prisoner to be tried; that you will duly administer justice according to the rules and articles for governing the troops of the said State without partiality, favor or affection; and if any doubt shall arise which is not explained by the said articles, according to your conscience, the best of your understanding, and the custom of war in like cases; that you will not divulge the sentence of the court until it shall be approved of by the Commanding officer; and that you will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence as a witness by a court of justice, in a due course of law. So help you GOD.

Which oath being administered to the members of the Court, the President shall administer the following oath to the person prosecuting as aforesaid.

You, A. B. do swear, that you will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you GOD.

Art. 40. All the members of a court martial are to behave with calmness and decency; and in the giving their votes, are to begin with the youngest in commission.

Art. 41. All persons who give evidence before a court martial, shall be examined upon oath, which oath shall be administered by the President of the court martial, in the form following:

You swear, the evidence you shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth, So help you GOD.

Art, 42. No sentence of death shall be given against any offender by any general court martial, unless two thirds of death is given. the members shall concur therein.

Punishment of witnesses re

Art. 43. All persons called to give evidence in any cause before a court martial who shall refuse to give evidence,

shall be punished for such refusal at the discretion of such fusing to testicourt martial.

fy.

ried on.

Art. 44. No field officer shall be tried by any person under Trials how car the degree of a Captain; nor shall any proceedings or trials be carried on excepting between the hours of sun-rise and

sun-set.

reported to the

Art. 45. No sentence of a court martial shall be put in ex- Sentences to be ecution, until after report shall be made to the Commanding commanding officer where the court martial shall be held, and his orders officer. to be issued for carrying such sentence into execution.

Art. 46. The commissioned officers in any regiment, may, Regimental by the appointment of their Colonel or Commanding officer, courts martial, hold regimental courts martial for the inquiring into such disputes or criminal matters as may come before them, and for inflicting corporal punishment for small offences, and shall give judgment by the majority of voices; but no sentence shall be executed till the Commanding officer, (not being a member of the court martial,) shall have confirmed the same.

not less than 5

Art. 47. No regimental court martial shall consist of less to consist of than five officers, excepting in cases where that number can-officers. not be conveniently assembled, when three may be sufficient; who shall likewise determine upon the sentence by the majority of voices.

forts, &c.

courts martial.

Art. 48. Any officer commanding in a fort, castle, barrack Commanders of or elsewhere, where the corps under his command consists of may order detachments from different regiments, or of any independent company or companies, may assemble courts martial for the trial of offenders in the same manner as if they were regimental, whose sentence shall not be executed until it shall be confirmed by the said Commanding officer.

turbing courts

Art. 49. No person whatsoever shall use menacing words, Penalty for dis signs or gestures in the presence of a court martial then sit-martial. ting, or shall cause any disorder or riot so as to disturb their proceedings, on the penalty of being punished at the discretion of the said court martial.

Offenders, how

trial.

Art. 50. To the end that offenders may be brought to jus- proceeded with tice, whenever any officer or soldier shall commit a crime de- previous to serving punishment, he shall, by his Commanding officer, if an officer, be put in arrest; if a non-commissioned officer or soldier, be imprisoned until he shall be either tried by a court martial, or shall be lawfully discharged by proper authority. Art. 51. No officer or soldier who shall be put in arrest or Not to continue imprisonment, shall continue in his confinement more than more than 8 eight days, or until such time as a court martial can be con- days, &c. veniently assembled.

in confinement

crime charged

time of com

Art. 52. No officer commanding a guard or provost mar- Account of the tial, shall refuse to receive or keep any prisoner committed to be given in to his charge by any officer belonging to the forces of this writing at the State; which officer, shall, at the time of commitment, deliv-mitment, er an account, in writing, signed by himself, of the crime with which the prisoner is charged.

Punishment for

releasing pris.

authority.

Art. 53. No officer commanding a guard or provost mar

oner without tial, shall presume to release any prisoner committed to his charge, without proper authority for so doing, nor shall he suffer any prisoner to escape, on the penalty of being punished for it by the sentence of a court martial.

Provost martial,

give to com

manding of

cer, list of pris oners and charges, &c.

against them.

Art. 54. Every officer or provost martial to whose charge &e required to prisoners shall be committed, is hereby required, within twenty-four hours after such commitment, or as soon as he shall be released from his guard, to give, in writing, to the Colonel of the regiment to which the prisoner belongs, (where the prisoner is confined upon the guard belonging to the said regiment and his offence only relates to the neglect of duty in his own corps,) or to the Commander in Chief, their names, their crimes, and the names of the officers who committed them, on the penalty of his being punished for his disobedience or neglect, at the discretion of a court martial. Officers arrest- Art. 55. If any officer under arrest, shall leave his confinement to be finement before he shall be set at liberty by the officer who confined him, or by a superior power, he shall be cashiered for such his offence.

ed leaving con

cashiered.

Officers con

dalous be

Art. 56. Whatsoever commissioned officer shall be convicted of scan- victed before a general court martial of behaving in a scanhaviour, &c dalous, infamous manner, such as is unbecoming the characbe discharg ter of an officer and a gentleman, shall be discharged from

to

ed.

eers, matrosses,

the service.

Art. 57. All officers, conductors, gunners, matrosses, driArtillery offi- vers, or any other person whatsoever, receiving pay or hire drivers, &c. to, in the service of the State artillery, shall be governed by the aforesaid rules and articles; and shall be subject to be tried by courts martial in like manner with other officers and soldiers.

be subject to these rules.

Courts martial may consist of their own offi

cases.

Art. 58. For differences arising amongst themselves, or in cers in certain matters relating to their own corps, the courts martial may be composed of their own officers; but where a sufficient number cannot be assembled, or in matters wherein their corps are interested, the officers of artillery shall sit in courts martial with the officers of other corps.

No sentence of death to be

Art. 59. No person shall be sentenced to suffer death, passed except except in the cases expressly mentioned in the foregoing in cases expres. articles.

sed.

appoint persons

&c.

Art. 60. The field officers of each and every regiment Field officers to shall appoint some suitable person belonging to such regi to receive fines, ment to receive such fines as may arise within the same for any breach of any of the foregoing articles; and shall direct the same to be properly applied to the relief of such sick, or necessitous soldiers as belong to such regiment; and such person shall account with such officer for all fines received and the application thereof.

Crimes, not

capital, not mentioned

Art. 61. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of to the

taken cogniz

prejudice of good order and military discipline, though not herein, may be mentioned in the foregoing articles, are to be taken cognizance ance of. of by a general or regimental court martial, according to the nature and degree of the offence, and be punished at their discretion.

dier accused of

State laws, &c.

magistrate.

Art. 62. Whenever any officer or soldier shall be accused officer or solof a capital crime, or having used violence or committed any a crime against offence against the person or property of the good people of s this or either of the United States, such as is punishable by to be delivered the known laws of the land, the Commanding officer and offi- over to the civil cers of every regiment, troop or party to which the person or persons so accused shall belong, are hereby required, upon application duly made by or in behalf of the party or parties injured, to use his utmost endeavors to deliver over such accused person or persons to the Civil Magistrate, and likewise to be aiding and assisting the officers of justice in apprehending and securing the person or persons so accused, in order to bring them to trial. And if any Commanding officer or officers shall wilfully neglect or shall refuse, upon the application aforesaid, to deliver over such accused per son or persons to the Civil Magistrate, or to be aiding and assisting the officers of justice in apprehending such person or persons, such officer or officers, so offending, shall be cashiered.

Former laws

SEC. 55. Be it further enacted, That all laws in force in repeated. this State, inconsistent with the provisions of this Act, be and the same hereby are repealed.

[Approved March 21, 1821.]

:00:

CHAPTER CLXV.

An Act providing for the security of the Treasury of this State.

SEC. 1. BE it enacted by the Senate and House of Represent Treasurer to atives, in Legislature assembled, That every person, chosen to give bond. the office of Treasurer of this State, shall give the bond, which by the Constitution is required, to the State of Maine, in the penal sum of not less than seventy-five thousand dollars, with at least six good and sufficient sureties residing within this State. The condition of which bond among other things, shall be for the faithful performance and discharge of condition. all the duties of his said office, and for the fidelity of all persons by him employed and entrusted with any of the concerns of such office, and that during his continuance in office, he will not engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader, and that he, or his executors or administrators, or sureties, or their respective executors or administrators shall, and will render a just and true account of all his and his agents'