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Coming on parade with a louded mus. ket, ete.

Ibid, a. 21.

Contemptuous and

with ball, slugs or shot, he shall, for such offence, forfeit not less than five nor more than twenty dollars.

Any non-commissioned officer or private, who shall,

while under arms, or when on duty, behave himself with disorderly behaviour. contempt to an officer, or who shall conduct in a disor

derly manner, or excite or join in any tumult, or riot, or be guilty of any other unmilitary conduct, may be put under guard, and so kept for a longer or shorter time, at the discretion of the commanding officer of the company; not exceeding, however, the time which the company, to which he belongs, is dismissed ; and shall, moreover forfeit a sum not less than five nor more than twenty dollars, for each offence, according to the degree

and aggravation of the same. Ibid, a. 22.

Any non-commissioned officer or private who shall,

without leave of his officer, quit his guard, section, plaQuitting his place

toon or company, shall for each offence, forfeit not less than two nor more than ten dollars.

Any non-commissioned officer or private who shall, in Ibid. a. 23.

going to, or returning from, or while on the place of Discharging his mus

parade, or while under arms, unnecessarily and without orders discharge his musket, rifle or pistol, shall forfeit not less than five nor more than twenty dollars for each

offence. Ibid. a. 26.

Every non-commissioned officer, who shall be guilty of any disobedience of orders, neglect of duty, or other unmilitary conduct, may be reduced to the ranks by the commanding officer of ihe regiment to which he belongs, by and with the advice of the commanding officer of the company to which such non-commissioned officer belongs.

without leave.

ket without orders.

Disobedience of orders in non-commissjoned officers,

XV. Of prosecutions for fines by clerks of companies.

The clerk of each company, after the expiration of eight days, and within thirty days after the day of any parade of any company to which he belongs; and after the expiration of eight days, and within thirty days after the

id. s. 35.

Time of commenc. ing the prosecution.

day of any meeting of the company to which he belongs, for the choice of an officer or officers, shall make and sub

mcers, shall make and su Mode of prosecuting. scribe an information against the offending non-commissioned officer or officers, private or privates of the company, who have not been excused by the commanding officer of the company, agreeably to the provisions of the act, or who have not, within the eight days, paid to such clerk the fine or forfeiture, or fines or forfeitures, (3) which he or they may have incurred; which information shall, within the thirty days aforesaid, be left with some justice of the peace, of the county in which the offending non-commissioned officer or officers, private or privates, reside or resides; and which information shall be in substance as prescribed by the act.

The form of this information may be seen in the ap- con

See Append, No. 5.

pendix.

s. 35.

complained of,

And the justice to whom such information is directed, Stat. May and with whom it is left, shall file the same, and as soon 4.8 as may be, he shall issue a summons to each person in- Summons to the party formed against as aforesaid, to be served at least seven days before the time appointed for shewing cause ; which summons shall be in substance as prescribed by the act.

The form of this summons may be seen in the ap- See Append. No. 6. pendix.

And when the person summoned as aforesaid, shall Stat. March 6, 1810, appear, either by himself or his attorney, he may plead ** the general issue, and give any special matter in evi- Pleadings, evidence, dence ; and if such person shall make default, or if judg. ment be rendered against him, and he neglect for two days thereafter to satisfy the same, with legal costs, then

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tion.

(3) The clerk may prosecute for all fines and forfeitures, incurred by non-commissioned officers and privates, under the provisions of the act, the recovery of which, and the mode of recovery of which, are not, in and by the act, otherwise provided for.

Sec. 35.

the justice of the peace, to and with whom the information shall have been directed and left as aforesaid, shall issue execution, in substance as prescribed by the act.

The form of this execution my be seen in the appendix.

See Append. No.7.

Stat. March 6, 1810,
S. 35.

Stat. March 6, 1810, 3, 36.

XVI. Of the costs in such prosecutions.

It shall be lawful to amend the summons issued against any non-commissioned officer or private, in any stage of the proceedings, without paying costs.

And no clerk shall be liable to pay any defendant costs, in any case in which the commanding officer of the company has indorsed his approval on the information of such clerk. And no appeal shall be allowed from any judgment of a justice of the peace, when the forfeiture by him adjudged does not exceed ten dollars, exclusive of costs.

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XVII. How such fines shall be appropriated.

The clerk of each company, shall retain to his own use, one-fourth part of all fines and forfeitures collected or recovered by him, and the residue he shall faithfully pay over to the commanding officer of the company, on demand ; and the commanding officer of the company shall give his receipt to the clerk for all money paid over to him as aforesaid.

And it shall be the duty of every commanding officer of a company, to expend such part of the money paid him by the clerk, as may be necessary for defraying such company expenses, as a majority of the commissioned officers of the company shall judge to be necessary.

Ibid.

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TITLE CVII.

MILLS.

1. Right of mill-owners to raise and continue a suf. ficient head of water.

2. Of compensation to persons whose lands are damaged by the flowing of mill-dams; and herein of the proceedings by which such compensation may be obtained.

3. What shall be the measure of the annual damages ; and how such damages may be increased or diminished.

4. Obligation of mill-owners to give security for payment of the annual damages; and the consequence of their refusal to give such security.

5. The costs.

6. The right of mill-proprietors to call a meeting; and the notice of such meeting.

7. Liability of those who neglect to attend such meeting; or of those, who, attending such meeting, refuse to agree with the major part, in interest, of such proprietors, for repairing or rebuilding a mill.

8. How far minors, femes covert, tenants for life, for years, in tail, mortgagor or mortgagee, are deemed proprietors within the act.

9. Duty and fees of millers.

$

1. Right of mill-owners to raise and continue a suffi. cient head of water.

By statute, where any person hath already erected, or Stat, 179 shall erect any water-mill on his own land, or on the land of any other person, by his consent legally obtained, and to the working of such mill it shall be found necessary

Stat, 1795, G. 74, 9.

to raise a suitable head of water; and in so doing, any lands shall be flowed not belonging to the owner of such mill, it shall be lawful for the owner or occupant of such mill, to continue the same head of water to his best advantage, in the manner, and on the terms mentioned in the act.

Complaint to the common pleas.

Order of notice to the mih-occupant, etc,

II. Of compensation to persons whose lands are damaged by the flowing of mill-dams; and herein of the proceedings by which such compensation may be obtained.

By statute 1795, c. 74, s. 2, if any person shall sustain damages in his lands by their being flowed as aforesaid, he may complain to the court of common pleas of the county, wherein the lands so flowed, shall be situated. · By an additional act, 1797, c. 63, it is provided, that whenever any person shall complain to the court of common pleas, that he sustains damage in his lands, by their

being flowed in the manner mentioned in the act of 1795, he c. 74, the said court shall order the complainant to notify

the owner or occupant of the mill complained of, by serving him with an attested copy of such complaint, (together with such order thereon,) fourteen days at least, before the then next term of the said court, that he may then appear and shew cause, if any he have, why a warrant should not issue in the manner, and for the purposes prayed for in such complaint. Or such complainant may, fourteen days at least, before the sitting of the court, to which he intends to prefer his complaint, cause the owner or occupant of such mill to be served with an attested copy of such complaint: and such service or notification certified by the proper officer, shall be deemed

sufficient evidence of proper notice. Sec. 2.

By the same statute, if any owner or occupant of any

mill shall plead to such complaint, and in his plea shall Pleadings and issue.

dispute the statement made by the complainant, or shall deny the complainant's title to the lands said to be damaged

Service of the notice.

Evidence of notice.

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