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the troop, so long as said trooper shall continue in the troop, shall not be liable to be seized, destrained or taken in execution for any cause, matter or thing whatsoever. And in case any person shall seize, levy or destrain upon any such arms, accoutrements or horse, every such person shall forfeit the sum of ten pounds sterling money, to be recovered in any court of record in this state.

ing must

And be it further enacted by the authority aforesaid, That every lieutentant-colonel, who Fines for shall wilfully neglect to turn out at a regimental not attendmuster, shall be fined in a sum not exceeding ers. ten pounds, and also a sum not exceeding five per cent. on the amount of his last general tax; and that every major who shall wilfully neglect to turn out at a regimental or battalion muster, shall be fined in a sum not exceeding eight pounds, and also a sum not exceeding five per cent. on the amount of his last general tax. That every captain who shall wilfully neglect to turn out at a regimental or battalion muster, shall be fined in a sum not exceeding six pounds, and also a sum not exceeding five per cent. on the amount of his last general tax. That every

subaltern officer who shall wilfully neglect to turn out at a regimental or battalion muster, shall be fined in a sum not exceeding four pounds, and also a sum not exceeding five per cent. on the amount of his last general tax; and that every non-commissioned officer and private, who shall wilfully neglect to turn out at a regimental or battalion muster, shall be fined in a sum not exceeding fourteen shillings, and also a sum not exceeding five per cent. on the amount of his last general tax. That every captain who shall wilfully neglect to turn out at an ordinary mus ter, shall be fined in any sum not exceeding

ence of orders.

thirty shillings, and also a sum not exceeding two and one half per cent. on the amount of his last general tax. That every subaltern officer who shall wilfully neglect to turn out at an ordinary muster, shall be fined in any sum not exceeding one pound, and also a sum not exceeding two and one half per cent. on the amount of his last general tax; and that every non-commissioned officer and private, who shall wilfully neglect to turn out at an ordinary muster, shall be fined in any sum not exceeding seven shillings, and also a sum not exceeding two and one half per cent. on the amount of his last general tax.

And be it enacted by the authority aforesaid Fines for That every non-commissioned officer and pri disobedi- vate, who shall neglect or refuse to obey the order of his superior officer, while under arms, shall forfeit a sum not exceeding one pound for every such offence; and if any such non-commissioned officer or private, enrolled to serve in either of the companies of artillery, infantry or cavalry, shall refuse or neglect to perform such military duty or exercise as he shall be requir ed to perform, or shall depart from his colours or guard, without the permission of his superior officer as aforesaid, he shall forfeit a sum not exceeding one pound; and for the non-payment thereof, the offender shall be committed by warrant from the captain or commanding of ficer of the troop or company then present, to which such offender doth belong, or under whose command he may be, to the next gaol, there to be confined until the fines as aforesaid, together with the gaoler's fees, are paid; and the respective sheriffs of the city, and respective districts and counties of this state, are hereby empowered and required to receive the body or bodies of such offender or offenders as shall be brought

to them by virtue of a warrant or warrants under the hand and seal of such officer as aforesaid, and him or them to keep in safe custody until such fines as are mentioned in such warrant, together with the gaoler's fees as aforesaid, shall be paid; and the sheriffs and gaolers respectively, shall be allowed the same fees as are allowed in other cases: Provided always, That the person so confined, shall, at the end of five days, or any shorter time, for which they may have been committed, be released, on their swearing that they are unable to pay the fines and fees herein before directed to be paid.

this state.

And be it further enacted by the authority aforesaid, That the military uniform of this state Military shall be as follows, that is to say: General offi. uniform of cers, dark blue coats with buff coloured facings, linings, collars and cuffs, gold epaulets and yellow buttons, with buff coloured under clothes. Regimental officers of infantry, dark blue coats, with such coloured linings, facings, collars and cuffs, epaulets and buttons, as shall be deter. mined on by the major-general of each division.

fines.

And be it further enacted by the authority aforesaid, That all fines which shall be imposed Appropri in any regiment, corps, company or troop, shall ation of be paid into the hands of the pay-master, or person acting as such, of such regiment, corps, company or troop, and be paid and appropriated by warrant under the hands of a major part of the field officers, or commanding officer of the corps, or captain or commanding officer of the company or troop, as the case may be, for the purposes of providing colours, drums, bugles, fifes and trumpets, for their respective battalions, corps, companies and troops, and carrying expresses relative to military matters, and for the purchas ing and providing arms and accoutrements for

ments.

such of the men of the respective battalions, corps, companies and troops, as are or shall be unable to furnish and provide themselves therewith; and that it shall be the duty of the paymaster, or person acting as such, of each respective battalion, corps, company or troop, once in every year, to render an account to the brigadier, or the officer commanding the brigade, of all his receipts and expenditures in pursuance of

this act.

And be it further enacted by the authority Arms and aforesaid, That every free white man of this accoutre- state, liable to bear arms in any of the regiments, corps, companies or troops in this state, who shall appear at any regimental or battalion musters, or at any company muster, ordered in pursuance of this act, not provided, accoutred and armed according to the act of congress, entitled, "An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States," passed the 24th October, 1791, shall forfeit and pay for each and every such default, a sum not exceeding five shillings, or the sum of two shillings and four pence for each article of arms or accoutrements required by the last mentioned act; that all fines martial. shall be inflicted on non-commissioned officers and privates by the judgment of the majority of the commissioned officers of the company in which the offender is enrolled; that a majorgeneral shall be tried by a major-general to preside, and four brigadier-generals; but if the attendance of a major-general cannot conveniently be procured, then by five brigadier-generals; and in such case the eldest of such brigadiers to preside; that a brigadier-general shall be tried by one or more brigadier-generals, and by four field officers; that a lieutenant-colonel shall be

Court

tried by an officer not under the rank of a lieutenant-colonel, and four field officers; that a major shall be tried by an officer not under the rank of a field officer, and four officers not under the rank of captain; that a captain shall be tried by an officer not under the rank of a field officer, and by four officers not under the rank of captain; and a licutenant or ensign shall be tried by an officer not under the rank of a field officer, and four other commissioned officers; that all non-commissioned officers and privates be tried by not less than three commissioned officers. Each member of a court martial is hereby enjoined to take the following oath or affirmation: "I do swear, (or affirm, as the case may be,) that I will not divulge the sentence of the court, until the same shall be approved of or disapproved; neither will I, upon any account, or 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 by a court of justice in a due course of law. So HELP ME GOD." And any member of the court is authorized to tender the above oath to the other members. The governor or commander in chief shall appoint courts martial on general officers; the major-general shall appoint division courts martial in their respective divisions; the brigadier-generals shall appoint brigade courts martial in their respective brigades; the lieutenant-colonels shall appoint regimental courts martial in their respective regiments; and the majors, battalion courts martial in their respective battalions; and no sentence of a court martial shall be put in force without the same be approved by the officers appointing the same, or by the commanding officers respectively for the time being.

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