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commanding such detachment, that such ammuni- 229 tion and rations have been furnished, before the commanding officer of the regiment or independent battalion for his approbation; and if he shall approve and sign the same, the governor, or per- 230 son administering the government, if he shall also approve thereof, shall issue his warrant on the treasurer, to be paid out of any money in the treasury not otherwise appropriated.
41. And be it enacted, That the commander in chief shall appoint a general court-martial for the 231 trial of all officers above the rank of field officers; that the major-generals each in his own division shall appoint a general court-martial for the trial 232 of all field officers ; that the brigadier generals, each in his own brigade, shall appoint a general court-martial for the trial of captains and all com- 233 missioned officers under that rank ; and that the commandants of regiments and independent battalions, shall institute a regimental court-martial, 234 within their respective regiments and independent battalions, as often as it shall be found necessary; and that it shall be the duty of every officer who 235 shall oppoint a court-martial as aforesaid, to approve or disapprove of the sentence or sentences of such courts-martial by them appointed, or to mitigate the punishment or pardon the person convicted, excepting where the offence is of a personal nature, in which case the sentence of the court-martial shall be conclusive. And any officer by this act authorized to appoint a court-martial is also hereby authorized (in the absence of the brigade judge-advocate) to appoint a person to officiate as judge-advocate pro tempore, to attend 256 any courts-martial ordered immediately.
42. And be it enacted, That any officer to be tried by a court-martial shall have fifteen days no- 237 tice of the time and place appointed for trial, and a
238 copy of the charges exhibited against him, and
shall be put under arrest, so far as to be suspended from the exercise of his office; and in case any
officer for the trial of whom a court-martial shall 239 be appointed, shall neglect to appear and make de
fence, the court shall be authorized to proceed in his absence, and if found guilty of the charges he shall be sentenced accordingly.
43. And be it enacted, That all persons shall be 240 holden bound to appear and give evidence before
any court-martial, court of enquiry, or brigade board, on oath or affirmation to be administered by said courts, that the evidence they shall give in the cause in hearing, shall be the truth, the whole truth, and nothing but the truth, under the same penalties as are by law provided for witnesses
in other cases, when thereto summoned by the 241 brigade judge-advocate, or by any justice of the
peace, who is hereby authorized and enjoined when called upon to summon such witnesses in the county to which he shall belong, and for which no
fee shall be required. 242 44. And be it enacted, That every regimental
court-martial shall be composed of five members, all commissioned officers, the president whereof
shall not be under the rank of a captain, that gene243 ral courts martial shall consist of thirteen commis
sioned officers, not under the rank of captain ; the
senior officer shall be president, not less than two 244
thirds of the members must agree in every sentence for inflicting any punishment, otherwise the person charged shall be acquitted. That before the trial of any cause, the judge-advocate shall administer
to the president and each of the members, the fol245 lowing oath or affirmation, to wit : You
do swear (or affirm) that you will well and truly try and determine according to evidence the cause now before you between the
state of New Jersey, and the person (if more than one, persons) to be tried; and you further swear that you will not divulge the sentence of this court-martial until it shall be approved or disapproved of, and that you will not on any account, at any time whatever, discover the vote or opinion of any member of the court, 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. 246 advocate the following oath or affirmation, to wit: You do swear (or affirm) that you will not on any account, at any time whatever, divulge the vote or opinion of any particular member of this court martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law, and that you will not disclose the sentence of this court-martial, until it shall have been approved or disapproved of, by the officer who appointed the same : So help
45. And be it enacted, That if any commissioned officer, at any review, or any other occasion, when paraded in arms or on duty, shall misbehave 247 or demean himself in an unofficer like manner, he shall for such offence be cashiered or punished by fine at the discretion of a general court-martial, as the case may require, in any sum not exceeding fifty dollars ; and if any non-commissioned officer 248 or private, shall on any occasion of parading the company to which he belongs, appear drunk or disobey orders, or use any reproachful or abusive language to his officers, or any of them, or shall quarrel himself, or promote any quarrel among his fellow soldiers, he shall be disarmed and put 249 under guard by order of the commanding officer present until the company is dismissed, and shall
be fined at the discretion of a regimental court
martial in any sum not exceeding eight dollars. 250 46. And be it enacted, That if the command
ing officer of any regiment, battalion or squadron shall neglect or refuse to give orders for assembling his regiment, battalion or squadron at the
time appointed by the commandant of the brigade 251 to which he belongs, or in case of an invasion of
the city, or county to which such regiment, battalion or squadron belongs, he shall be cashiered or punished by fine not exceeding one hundred
dollars at the discretion of a general court-martial, 252 and if a commissioned officer of any company or
troop shall on any occasion neglect or refuse to give orders for assembling the company to which he belongs, or any part thereof, at the discretion of the commanding officer of the regiment, battalion or squadron to which such company or troop belongs, he shall be cashiered or punished by fine not exceeding one hundred dollars, at the
discretion of a general court-martial ; and a non153 commissioned officer offending in such case shall
be fined at the discretion of a regimental courtmartial, in any sum not exceeding thirty dollars.
47. And be it enacted, That if any captain or
commanding officer of a company or troop shall 254 refuse or neglect to make out a list of the persons
notified to perform any tour of duty, and send or convey the same to the commanding officer of the regiment, battalion or squadron to which such
company or troop may belong, for such neglect 255 or refusal he shall be cashiered, or fined at the dis
cretion of a general court-martial in any sum not exceeding one hundred dollars.
48. And be it enacted, That if any militia man 256 shall desert while he is on a tour of duty, he shall
be fined in any sum not exceeding one hundred dollars for every such offence, or may be impri
soned for any term not exceeding two months, at the discretion of a regimental court-martial; and if a non-commissioned officer he shall also be degraded and placed in the ranks.
49. And be it enacted, That it shall not be lawful for any non-commissioned officer or private to come 257 on parade with a loaded or charged musket, gun, rifle, fusee or pistol, nor to discharge any firearms within one mile of the place of parade, on any day that they shall be ordered out for improvement or inspection without an order or permission from a commissioned officer, and if any noncommissioned officer or private shall so load or charge, or fire or discharge any fire-arms without such order or permission, he shall forfeit one dollar for every offence, and the clerk of the com- 258 pany is hereby directed to read this section immediately after calling the roll of the company, and the commissioned officers are hereby enjoined to cause the names of the persons who shall oftend, to be returned to the regimental court-martial.
50. And be it enacted, That the militia of this state shall be considered to be under military dis- 259 cipline from the rising until the setting sun of the same day, that they shall be ordered out for improvement or inspection, and that no officer, noncommissioned officer or private belonging to the, same, during the time aforesaid, shall be subject to be arrested on any civil process.
51. And be it enacted, That the militia on the days of exercise may be detained under arms, on 260 duty in the field six hours, provided they are not kept above three hours under arms at any one time, without allowing them a proper time to refresh theinselves.
52. And be it enacted, That if any person who shall bring any kind of spiritous liquors to the 261 place of exercise, or within one mile thereof for the