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as directed by this act, any sum not exceeding fifty nor less than five dollars, for every such 'offense; by a subaltern officer failing to take an oath, to attend any court or board, to attend any muster armed, as is by this act directed, Subaltern, for every such offense or neglect, any sum not exceeding forty nor less than four dollars; by a non-commissioned officer, for failing or Non-comneglecting to attend any muster of officers, officer, to attend any muster of his company, to take charge of any part of his company or them march as directed, for every such offense or neglect, any sum not exceeding twenty nor less. than two dollars; by a private man, for failing Private. or neglecting to attend a regimental or battalion muster, armed and equipped as directed by this act, one dollar and fifty cents; to attend a muster of his company at the time and place appointed in manner aforesaid, during the whole time the same is on parade, the sum of one dollar; and that the delinquencies in company musters shall be enquired into and assessed by the officers of their company, subject to an appeal to the field officers.

Sec. 34. And be it further enacted, That the fathers shall be bound for the payment of fines incurred by their sons, under the age of twentyone; guardians for the payment of fines incurred

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by their wards, and masters for the payment of fines incurred by their apprentices, and be charged therewith by the collectors of fines accordingly.

Sec. 35. And be it further enacted, That any court of enquiry, for good cause shown, may remit fines assessed by the court preceding the same; and in such case, it shall be the duty of the clerk to certify the same to the collector of fines, who shall thereupon not collect such fine or fines, or refund the same if collected.

Sec. 36. And be it further enacted, That all manner col- fines and penalties incurred by non-commisnon-commissioned officers, musicians and privates, to be

lected from

sioned offcers, musicians, etc.

assessed by virtue of this act, shall be collected by one of the sergeants of the company in which the delinquents are enrolled; and it shall be the duty of the clerk of each regiment to make out a warrant and direct the same to one of the sergeants of each company, mentioning the names and amount of the fines assessed on each delinquent, commanding him forthwith to collect the same, which warrant shall be signed by the president of the court of enquiry and countersigned by the clerk. And it shall be the further duty of the clerk to deliver to the paymaster of the regiment a certified list of the warrants issued, taking his receipt for the same, a duplicate of which he shall deliver to the com

manding officer of his regiment within twenty days; each sergeant shall be accountable for the fines put into his hands to collect, and shall make distress for the same if not paid within twenty days after receiving such warrant, in the same manner as is prescribed by law for regulating the duty of constables on a writ of fieri facias, each sergeant shall pay into the hands of the paymaster all monies he may have collected, on or before the first day of September in every year, whose duty it shall be to attend every court of enquiry and make a statement of all the money he may have on hand; the sergeant serving the warrant shall be entitled to demand twenty-five cents from each delinquent, in addition to the fine for every warrant he may serve; any sergeant who shall be guilty of a neglect of the duties enjoined on him by this section, shall be ordered to the ranks, and shall moreover be liable for all the fines put into his hands to collect.

Sec. 37. And be it further enacted, That all fines and penalties incurred by commissioned officers, by virtue of this act, shall be collected by the clerk of the regiment in which such delinquent shall reside, in the same manner as is provided by the thirty-sixth section of this act, for collecting fines from non-commissioned

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officers and privates, and the same, when collected, shall be paid over to the paymaster of the regiment; if any clerk shall neglect to perform his duty agreeably to this act, he shall be subject, at the discretion of the court of enquiry, to be sentenced to pay the whole or any part of the fines put into his hands for collection, together with six per cent. interest, and if the whole amount shall not be paid within twenty days of the sentence, the president of the court of enquiry shall cause the sergeant major to make the same of the goods and chattels of such delinquent clerk.

Sec. 38. And be it further enacted, That all monies paid to the paymaster as aforesaid, shall be appropriated, first, to the purpose of procuring the necessary number of drums, fifes and colors; and secondly, the remainder, if any, shall be disposed of as the court of enquiry shall direct.

Sec. 39. And be it further enacted, That the brigade in adjutant general shall be allowed the sum of one hundred dollars, and each brigade inspector the sum of fifty dollars, yearly, for their services and stationery, respectively; and the state treasurer is hereby authorized and directed to pay the same, on the certificate of the auditor of public accounts. The adjutant, clerks, provost marshals, the fife and drum majors, and other

fifers and drummers of each regiment, shall receive such compensation for their services as the court of enquiry shall think proper.

Sec. 40. And be it further enacted, That if any militia man shall make it appear to the satisfaction of the officers of the company to which he belongs, that he is unable to furnish or equip himself as by this law is directed, and the officers satisfying the succeeding court of enquiry thereof, it shall be in the power of such court to restrict any fine that may have been imposed by virtue of this law, and to grant such militia man exemption from all such fines, until he shall be enabled, in the opinion of the officers of his company, to furnish and equip himself, agreeably to this law.

Sec. 41. And be it further enacted, That if any bystander, at a regimental, battalion or company muster, shall insult or otherwise molest any officer or soldier, whilst on parade, the commanding officer of the regiment, battalion, troop or company (as the case may be) may order such person or persons to be put under guard for any time not exceeding six hours, and to pay a fine not exceeding four dollars, which shall be collected as other militia fines are.

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