tant of his regiment, a duplicate of the aforesaid oath, which shall be preserved with the papers of his office; and any officer failing to take such oath, within the time prescribed by law, and filing copy of same with the Adjutant, shall be subject to a fine of not less than three, nor more than five dollars; and the Adjutants shall report all such delinquent officers to the Regimental Court of Assessment. 1837. Penalty for SECTION 75. If any officer, before he shall have taken the oath prescribed by this act, shall exercise any of the duties of acting before such office, he may, if a field officer, be fined, in any sum not taking the oath exceeding fifty dollars, at the discretion of a Brigade Court Martial; if below the rank of a field officer, he may be fined, in any sum not more than twenty five dollars, to be assessed by a Regimental Court, and to be applied to the use of said regiment. space SECTION 76. If any commissioned officer shall absent himself from the duties of his command, for the of twelve months, unless he be employed in public business, it shall be deemed equivalent to a removal, and his office vacated, and the Governor, Major General, Brigadier General, or commandant of a regiment, as the case may be, shall immediately proceed to cause such vacancy to be filled. And if any commissioned officer shall labor under any bodily infirmities, mental disability, or habitual drunkenness, the Governor, Major Genéral, Brigadier General, or commandants of regiments, as the case may be, shall order a Court of Inquiry; and if, on investigation, they shall report to the officer ordering the court, that the officer charged does labor under such bodily infirmity, mental disability, or habitual drunkenness, to such extent as to disqualify such officer for the faithful discharge of his duties as such, and the officer ordering the court shall approve the report of said court, the office shall thereafter be considered vacated; and the Governor, Major General, Brigadier General, or commandants of regiments, as the case may be, shall take proper measures for filling such vacancy: Provided, That, in all cases, where the opinion of said court shall go to vacate the office of any officer, above the rank of a Captain, the Governor and Commander-in-chief shall first approve the same. SECTION 77. The following shall be the uniform and equipments of the several officers of the militia of this State, in which they shall appear at all times, when required to attend any parade or court, directed by this act: Every general officer, blue coat and pantaloons, made in the fashion of the Uuited States' uniform, red sash, yellow buttons, gilt or gold epaulets, boots, spurs, a round black hat, black cockade and stock, white plume, gilt small-sword or hanger, and pistols and holsters. Each division and brigade staff officer, a plain blue coat and pantaloons, and, in all other respects, to conform to that prescribed for general officers, with the exception of the number of epaulets, as hereafter provided for. Each regimental field officer, blue coat and pantaloons, made in the fashion Offices vaca ted by absence, disability, &c. Uniform. 1837. Pay. Fines: of major General. Brigadier. of the United States' uniform, with white buttons, silver epaulets, round black hat; black stock and cockade, white plume, tipped with red, red sash, boots, spurs, pistols and holsters, and white small sword or hanger. Every company officer, a plain blue coat and pantaloons, a round black hat, black stock and cockade, red plume, silver epaulet,' small sword or hanger. The regimental staff officers shall wear the same uniform prescribed for company officers, except that their plumes shall be white, tipped with red, and shall have pistols and holsters: Provided, That Chaplains, Surgeons, and Surgeons' Mates, shall not be compelled to appear in any uniform, but to wear a black plume: Provided, also, That all officers may be permit-ted to wear uniforms in the style of the United States' uniform: Provided, also, That the Division Inspectors, Quarter Masters, and Brigade Major, shall wear two epaulets; Brigade Quarter Masters and Aid--de-camp, one epaulet, to be worn on the right shoulder; Captains cne epaulet, on the right shoulder, and all subaltern and regimental staff officers, one epaulet on the left shoulder. SECTION 78 Adjutants of regiments shall be allowed one dollar and fifty cents per day for attending battalion, drill, and regimental musters; Regimental Judge Advocates, shall receive one dollar and fifty cents per day, when attending any of the courts authorized under this act; and Provost Marshals, one dollar per day, when attending as aforesaid; all of which shall be paid out of the funds of the regiments to which they belong. SECTION 79. That the fines to be inflicted, under the provisions of this act, shall, without a reasonable excuse, be assessed as follows, viz: On any Major General, for a failure to perform the duty or duties, enjoined on him by this act, any sum not less than twenty, nor more than fifty dollars, and for failing to make his annual return, within the time prescribed by law, fifty dollars. On every Brigadier General, for failing to. make his annual return, within the time prescribed by law, forty dollars, and for failure to perforn any other duty or du ties, required of him by this act, any sum not less than fifteen, nor more than forty dollars. On the Adjutant General, for Adjutant gen- failing to perform any duty or duties, required of him by this act, any sum not exceeding fifty dollars, and for failing to make his annual return, one hundred dollars. On the Quarter MasQuarter mas- ter General, for failing to perform any duty or duties, enjoined ter general. on him by this act, any sum not exceeding fifty dollars. On the commandants of each regiment, for failing to make his annual return, within the time prescribed by law, twenty five dollars; for failing to settle with the Pay Master of his regiment, one hundred dollars, and for failing to perform any other duty or duties, required by this act, in any sum not less than five, nor more than twenty dollars, for each offence. On every Lieutenant Colonel or Major, failing, when notified, to attend to settle with the Pay Master, seventy five dollars, and for failing eral. Colonels. -Lieutenant colonels & majors. 1837. Captains. Lieutenants, ensigns & cor Privates. Division inspectors, quar ter masters and brigade inspec tors. to perform any other duty or duties, required by this act, any sum not less than five, nor more than fifteen dollars, for each offence. On every Captain, for failing to make his annual return, within the time prescribed by law, ten dollars, and for failing to perform any other duty or duties, required of him by this act, any sum not less than five, nor more than ten dollars, for each offence. On each Lieutenant, Ensign, or Cornet, for failing to perform any of the duty or duties, required of them by this act, any sum not less than three, nor more than five dol- nets. lars. On each Sergeant Major, Quarter Master Sergeant, Drum and Fife Major, Sergeant and Corporal, for failing to perform any of the duty or duties, enjoined on them by this act, any sum not less than one dollar and fifty cents, nor more than four dollars, for each offence. On every private, for disobedience of orders, three dollars, for failing to attend musters, not less than one, nor more than three dollars, and for failing to appear on parade, without arms, provided he owns them, fifty cents for each and every offence. On every Aid-de-camp, for failing to obey the orders of his Major or Brigadier General, or for failing to comply with any duty or duties, required of them by this act, any sum not less than five, nor more than fifteen dollars. On every Division Inspector or Quarter Master, or Brigade Inspector or Quarter Master, for failing to obey the orders of their Generals, or for failing to perform any duty or duties, assigned or required of them by this act, any sum not exceeding fifteen dollars, for each offence. On every Adjutant, for disobedience of orders, or for failing to perform any of the duty or duties, enjoined on them by this act, any sum not less than three, nor more than ten dollars. On Regimental Pay Master, for failing to enter into bond, for a faithful discharge of his du ties, within three months from the receipt of his commission, any sum not exceeding fifty dollars; for failing to settle with the Sheriff, or field officers of his regiment, annually, as required by this act, any sum not less than fifty, nor more than one hundred dollars; and for any other failure to perform duty, five dollars, for each offence. On any Surgeon or Surgeon's Mate, Surgeons and for failing to attend a court or board, for the examination of surgeons' mates invalids, five dollars, and for failing to perform any other duty or duties, required of them, five dollars for each offence. On every Quarter Master, for failing to perform any duty or duties, Regimental required of him by law, or disobedience to his commanding offi- quarter masters. cer, five dollars for each offence. On every Judge Advocate, for a failure to comply with any duty or duties, required of him by law, not otherwise provided for herein, five dollars for each offence. And the commanding officers of divisions, brigades, and regiments, are hereby authorized to order Courts Martial, or Courts of Inquiry, at their discretion, for the trial of, and to assess the fines on any delinquent; which fines shall be collected and accounted for agreeably to law. Adjutants. Regimental pay master.. Judge advo cates. Relating to SECTION 80. There shall be Courts Martial or Courts of Inquiry ordered, whenever necessary, to hear complaints of in- service. 1837. Proceedings against officers and men who and against de fail to march, serters The proportion of officers to the rank and file. staff officers. ability, and for the trial of all officers, non-commissioned officers, SECTION 81. That the non-commissioned officers of any company of the militia of this State, shall not exceed more in number, than one-eighth part of the rank and file of each company, and, as near as may be, in that proportion; but shall, at no time, exceed eight in number. SECTION 82. When any Major General, Brigadier General, Selection of commandant of a regiment or battalion, shall be detailed from the militia, for the service of this State, or of the United States, such officer shall select the staff to which he is entitled, from the line of staff officers, within the bounds where such detail was made; and any staff officer, so detailed for service, and failing or refusing to march, shall be cashiered and fined at the discretion of a Court Martial. 1837.. of officers to when SECTION 83. All officers holding commissions in any com- Commissions pany, either light, or company of the line, that may be re- of duced below the number required by this act, their commis- cease sions shall, on the dissolution of such company, cease, and be of companies are no effect, from and after such dissolution, and they shall be subject to militia duty, as privates. dissolved. Collection of fines against persons belong ty in common. SECTION 84. Where any officer, non-commissioned officer, musician, or private, belonging to any society holding a community of property, shall be fined by virtue of this act, and re-ing to societies fuse, or is not able to pay such fine, it shall be the duty of the holding properSheriff, or other proper officer, to call on the agent or superintendent of the common stock or firm of such society or compact, for the amount of such fines; and in case the agent or superintendent be absent, or refuse to pay the same, it shall be the duty of the Sheriff, or officer, to execute, and sell as much property belonging to said community, or compact, as shall be sufficient to pay the fine or fines, and the costs. SECTION 85. While the militia are in the service of this State, or of the United States, the several oaths which officers are required, by law, to take, may be administered by any commissioned officer belonging to the detachment. SECTION 86. Brigadier Generals shall approve of the uniform of any independant or volunteer company, raised within his brigade; and when the uniform is thus approved, each non-, commissioned officer, musician, or private, who appears on parade, without uniform, shall be fined fifty cents for such failure. Officers may' administer oath Uniform or volunteer com panics. Fines of vol the use of the SECTION 87. All fines assessed on members of any independent or volunteer company, whether artillery, cavalry, light unteer compainfantry, or riflemen, shall be applied exclusively to the use of nies to be for such corps; and it shall be the duty of the Regimental Pay companies. Masters, to keep the accounts of each corps separately and distinctly from the other funds of their regiment; and the funds thus arising, shall be applied to the use of such companies, upon orders drawn by the commanding officer of the regiment, after deducting a fair proportion of the expenses incurred in the collection and paying over the same. SECTION 88. Commanding officers of regiments and battalions, shall return a list of delinquent officers to the Court of Assessment, for all trainings or courts directed by this act, and, on failure thereof, the Adjutant shall report such officer to the Brigadier General. Commanding officers to re turn delinquent officers, Officers troops. to SECTION 89. That no Adjutant shall take the command at any battalion or regimental parade or drill, after the troops command their are formed, and the officers stationed; and if any field officer, at any parade, whose duty it is to command, shall fail to do so, the officer next in rank shall take the command, and exercise the troops; and, after discharging the duties of the day, he |