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shall also direct the brigade inspector to give
Art. 17th. If any non-commissioned officer or II injured by
Art. 18th. The party tried by a general court- The person martial, shall be entitled to a copy of the sen- tled to a tence and proceedings of such court-martial, sentence. after the decision on the sentence, upon demand thereof made by himself or any person or persons in his behalf, whether such sentence be approved or pot.
Art. 19th. No penalty shall be inflicted at the court-mardiscretion of a court-martial, other than degrad- er. ing, cashiering or fining.
Art. 20th. The commanding officer for the of pardons time being, shall have full power of pardoning tion of lines, or mitigating any censures
any censures or penalties so ordered to be inflicted on any private or non
copy of the
tial, its pow
commissioned officer, for the breach of any of these articles, by a general court-martial, and every offender convicted as aforesaid, by any regimental court-martial, may be pardoned or have the penalty mitigated by the lieutenant colonel or commanding officer of the regiment, excepting only where such censures or penalties are directed as satisfaction for injuries received by an officer or private from another; but in case of officers, such sentence to be approved of by the commander in chief of the militia, who is empowered to pardon or mitigate such sentence, or disapprove of the same.
Art. 21st. If any commissioned officer shall, at any time or upon any occasion, behave in an unofficer-like or ungentlemanly manner, the commander in chief, if the person accused be a major general; the general of division, if a brigadier general; the brigadier general, if a field officer, or the lieutenant colonel or commanding officer of a regiment, if an inferior officer, as the case may be, upon the application of a commissioned officer, may appoint a board of the officers to enquire into the matter of complaint, and if upon their report it shall appear to him deserving of trial, then and in such case, he shall direct a court-martial, whose proceedings here
in shall have the same effect as if the offense had been committed when on actual duty.
Art. 22d. The militia on the days of training, Hours of may be detained under arms, on duty in the field, any time not exceeding six hours: Provided, they are not kept above three hours under arms at any one time, without being allowed to refresh themselves.
Art. 23d. All fines that shall be incurred by Fines paid any breach of these rules, shall be paid to the master of paymaster of the regiment in which the offend- ment, etc. er resides (whose receipt shall be a discharge for the same) within sixty days after they become due, but in case of neglect or refusal to pay any of the said fines, they shall be levied and collected in manner herein before directed.
Art. 24th. The militia of this state, whilst in Militia in ac. actual service, shall be subject to the same rules subject to and regulations as the federal army, and shall eage of the receive the same pay and rations as is allowed army. by the United States to the militia, when in actual service: Provided, That upon any trans- Proviso. gression or offense of a militia man, whether officer or private, against the rules and regulations of the federal army, the cause shall be tried
Rules of dis
1779, to be ob-
and determined by a court-martial of the militia of this state, if the same can be convened.
Art. 25th. The rules of discipline approved tablished by and established by congress, in their resolution 29th March of the twenty-ninth of March, one thousand
seven hundred and seventy-nine, shall be observed by the militia throughout this state, except such deviations from said rules as may be rendered necessary, by the requisitions of the acts of congress, or some other unavoidable circumstances, it shall be the duty of the commanding officer, at every training, whether by regimental, battalion or single company, to cause the militia to be exercised and trained, agreeably
to the said rules of discipline and the instrucinstructions, tions laid down by the baron Steuben, and an
nexed to the said rules of discipline, pointing out the respective duties of the officers, noncommissioned officers and privates, are recommended and enjoined upon the militia of this state, as particularly and fully as if the said instructions were repeated and expressed in this act at length; and it shall be the duty of every captain to instruct his non-commissioned officers accordingly.
Art. 26th. If any militia man, on receiving ty. what no three days previous notice thereof, shall neglect
or refuse to be in readiness to march on any tour of duty, armed and equipped as required
On a call for
by this act, he shall forfeit and pay a sum not Penalty for more than one hundred dollars nor less than eight dollars, for every month he is required by law to serve on such tour, to be assessed, (on proper proof thereof made) by a regimental court-martial: Provided always, That if any Proviso. militia man shall be sick or make any other just or satisfactory excuse to the court-martial, such fine shall not be assessed, but such militia man shall be obliged to perform a tour of duty on the next call of the militia.
Sec. 54. Ind be it further enuicted, That all Repealing laws and parts of laws, heretofore made for the regulation of the militia, shall be and the same are hereby repealed.