the purpose, the court may proceed to trial and judgment as if he had regularly pleaded not guilty. Article 5. If any officer, after having been put in arrest, Exercising shall presume to exercise any military command, until he is command discharged from his arrest, he shall be liable to be tried by while under arrest. ces. court martial, and if convicted, he shall be removed from office. Article 6. No officer shall be tried by a court martial for Limitation of any offence which shall have been committed more than one trial for offenyear, previous to the time when a complaint shall have been made in writing therefor, unless he, by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period. Article 7. Every captain or commanding officer who shall Neglect to call either neglect or refuse to call out his company as often as, out company, and at the times required by this Act, or at any other time, excusing aband wrongfully when thereto required by his superior officer, or who shall at sences, &c. any time excuse any under his command for unnecessary absence or deficiency, shall be liable to be tried by court martial. Article 8. No officer shall be permitted to resign while un- Time of resigder arrest. And no resignation of any officer shall be approv- nations. ed, if such resignation be offered between the first day of May and the first day of November, unless the reasons, offered by the officer wishing to resign within those days, be very urgent. Article 9. No officer shall be discharged, except by the Discharge of commander in chief, on request of such officer, in writing, or officers. by actual removal of residence, out of the bounds of his command, and to such distance that his major-general shall think it inconvenient for him to discharge the duties of his office, or by twelve months absence, without leave of the commanding officer of his division, or by the corps to which he belongs being disbanded by law. 1821 ch. 32. duty. Article 10. No officer shall consider himself as exempted Discharge and from the duties of his station, except when under arrest, until arrest only to he shall have been discharged by one of the methods, or causes exempt from pointed out in the preceding article, or shall have received a certificate of his discharge from the commander in chief. Article 11. No general or field officer shall approve a reResignations signation, until the orderly book or books, in the possession of not to be apthe resigning officer, are taken care of, for the use of the corps orderly books to which such officer belongs, in order that such book or books are disposed of. may be delivered to his successor. proved until Article 12. The captain or commanding officer of every Captains to company raised at large, shall annually in the month of April, deliver lists of make out a list or lists of the names of the men belonging to his their men to company, and deliver the same to the commanding officer of the regiment or regiments, within whose bounds such men reside. colonels. Article 13. Every captain or commanding officer of a com- Returns to be pany shall make a return of the state of his company, compre- made annuhending the names of all the men belonging thereto, with all ally. their arms and equipments, to the commanding officer of the regiment or battalion, in the month of May, annually. Every Seven years' ed in a volun commanding officer of a regiment shall make a return of the state of his regiment to the commanding officer of the brigade in the month of June, annually. And every commanding officer of a brigade shall make out duplicate returns of his brigade, one of which he shall transmit to the major-general of the division to which he belongs, and the other to the adjutant-general, in the month of July, annually. Article 14. Every person who shall enlist in any volunteer service requir- company, (whether such person be exempted by this Act from military duty or not) shall be holden to do duty therein for the term of seven years, unless such person be sooner discharged by order of the commanding officer of the brigade. teer company. Commander of brigade, on ap plication of captain, may discharge pri vate, &c. from volunteer company. Senior officer to command. Neglect to make a draft. Distribution tridges. Article 15. Each brigadier-general, or commanding officer of brigade, within his own brigade, upon application of the commanding officer of any company of artillery, cavalry, light infantry, grenadiers, or riflemen, may discharge any non-commissioned officer or private from any of the aforesaid companies; and such non-commissioned officer or private shall forthwith be enrolled in the standing company, within the bounds of which he resides; and every non-commissioned officer so discharged shall be considered as reduced to the ranks. Article 16. Whenever different corps shall parade, join, or do duty together, the senior officer present shall command, without regard to corps. Article 17. Any officer neglecting or refusing to make a draft or detachment, when ordered in pursuance of the twentyfourth section of this Act, shall be arrested, and be liable to be tried by a court martial; and the officer next in command, shall be ordered to make the draft or detachment. Article 18. It shall be the duty of each commanding officer and use of car- of a company, drawing cartridges in pursuance of the twentythird section of this Act, to cause them to be distributed equally among his men on the parade, and the cartridges, drawn for those men who do not appear, shall as far as possible be equally distributed among the men on duty, and each commanding officer shall see that the cartridges drawn as aforesaid are used in teaching his men precision in their firings. And if any noncoming on parade with balls commissioned officer or private shall come on to any parade with his musket, rifle, or pistol, loaded with ball, slugs, or shot, he shall for such offence forfeit not less than five, nor more than twenty dollars. Penalty for in guns. Penalty for pa election days. Article 19. If any officer, contrary to the provision of the rading men on twenty-sixth section of this Act, shall parade his men on either of the days of election in said section pointed out, he shall be liable to be tried by court martial; and moreover shall forfeit a sum not less than fifty, nor more than three hundred dollars, to be sued for and recovered in any action on the case, before any court of competent jurisdiction, one moiety thereof to the use of the person who may prosecute for the same; the other to the use of the Commonwealth. Companies to Article 20. At all regimental and battalion parades, the form according several companies shall form in regiment or battalion according to the rank of the officers present commanding them; and to officers' rank. the same rule shall apply in all cases, excepting those in which artillery, cavalry, light infantry, grenadiers, and riflemen, may by usage and necessity be detached from the regiments and battalions. &c. Article 21. Any non-commissioned officer or private who Contempt, disshall, while under arms, or when on duty, behave himself with order, tumult, contempt to an officer, or shall conduct in a disorderly 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. Article 22. Any non-commissioned officer or private, who Quitting guard, shall, without leave of his officer, quit his guard, section, pla- &c. toon, or company, shall for each offence forfeit not less than two, nor more than ten dollars. musket without pa- orders. Article 23. Any non-commissioned officer or private, who Discharging shall, in going to, or returning from, or while on the place of rade, or while under arms, unnecessarily, and without order, discharge his musket, rifle or pistol, shall forfeit not less than five, nor more than twenty dollars, for each offence. Article 24. Any non-commissioned officer or private, who Neglect to shall refuse or neglect to give any notice or warning, when ordered thereto by the commanding officer of the company to which he belongs, shall for such offence forfeit not less than twelve, nor more than twenty dollars.* warn. [* not less than $20, nor more than $501821 ch. 92.] Convicts to be Article 25. If any non-commissioned officer or private shall, in due course of law, be convicted of any infamous crime, he disenrolled. shall be forthwith disenrolled from the militia. commissioned Article 26. Every non-commissioned officer, who shall be Disobedience, guilty of any disobedience of orders, neglect of duty, or other &c. in nonunmilitary conduct, may be reduced to the ranks by the com- officers. manding officer of the regiment to which he belongs, by and with the advice of the commanding officer of the company to which such non-commissioned officer belongs. absence from company in of May Article 27. Every non-commissioned officer or private, (ex- Forfeiture for cepting those, who by the first section of this Act, are permitted to send their arms and equipments on that day for inspection) spection on who being duly ordered to appear at the company inspection first Tuesday and view of arms on the first Tuesday of May, and shall unnecessarily neglect to appear at the time and place appointed, shall forfeit three dollars. Article 28. Every non-commissioned officer or private, who on other being duly ordered, shall unnecessarily neglect to appear at any company training, at the time and place appointed, shall forfeit two dollars. Article 29. Every non-commissioned officer or private who being duly ordered, shall unnecessarily neglect to appear, for any battalion, regimental, or brigade inspection or re days. - for absence &c. inspection. from battalion, Penalty for deficiency in equipments. Provisos. out uniform of view, at the time and place appointed, shall forfeit four dollars. Article 30. Every non-commissioned officer or private, who shall appear at the company inspection, on the first Tuesday in May, or at any company training, or for any battalion, regimental, or brigade inspection or review, and shall not be armed and equipped as the law direct shall for each article, in which he is deficient, or which shall be of bad quality, or in bad condition, forfeit as follows; if deficient of a good musket of a bore sufficient for balls of the eighteenth part of a pound, a sufficient bayonet and belt, and an iron or steel ramrod, all which articles are to be considered as one, and a deficiency in either shall be considered a deficiency of the whole, he shall forfeit one dollar; if deficient of a cartridge box, containing twenty four cartridges suited to the bore of his musket, and each cartridge containing a proper quantity of good powder and ball, or if deficient of a serviceable knapsack, he shall forfeit thirty cents; if deficient of two spare flints and a priming wire and brush, or either of them, he shall forfeit twenty cents. Provided nevertheless, That none of the above forfeitures shall be incurred by any private, in case he appears with a good rifle, knapsack, shot pouch, powder horn, a quarter of a pound of powder and twenty balls suited to the bore of his rifle. Provided moreover, That cartridges with ball shall not be brought into the field except at the company inspection, on the first Tuesday in May, and knapsacks may be dispensed with at the company trainings. Penalty for apArticle 31. If any non-commissioned officer or private of pearing with any company of artillery, cavalry, light infantry, grenadiers, or riflemen, shall appear on any of the occasions mentioned in the preceding article, without the uniform of the company to which he belongs, he shall forfeit two dollars. volunteer company. Excuses for ab sence. [* Twenty days-1821 ch. 92.] Forfeiture for neglecting to Article 32. All excuses for non-appearances of non-commissioned officers and privates must be made within eight days* after any training, view of arms, or other military duty, to the commanding officers of their respective companies; and on the delinquent's producing satisfactory evidence of his inability to appear, his commanding officer may excuse him; but all commanding officers of companies are hereby forbidden from receiving any excuse for non-appearance, under any pretence whatever, after the expiration of the eight days allowed.* And all commanding officers of companies are prohibited from receiving any excuses from their men, for any deficiency or deficiencies of equipment, and commanding officers of companies shall inform or cause their clerks to be informed of all the excuses for non-appearance which they may allow. Article 33. Any non-commissioned officer or private, being a legal voter of a company, who after being duly notified shall attend meeting unnecessarily neglect to appear at any meeting for the choice of any officer or officers of the company, to which he belongs, he shall for every such neglect, forfeit one dollar. for choice of officers. Surgeons not to receive fee for certificate of inability. Article 34. All surgeons and surgeons' mates are prohibited from taking any fee or gratuity whatever, under any pretence whatsoever from any man to whom they may give a certificate of inability to perform military duty on account of bodily infirmity. And if any surgeon or surgeon's mate shall, in violation of this article, take any fee or gratuity, he shall be liable to be tried by court martial. kept. Article 35. The oldest aid-de-camp to each major-general, the brigade-major of each brigade, and the adjutant of each Rosters to be regiment, battalion, or corps, shall constantly keep a correct roster of the division, brigade, regiment, battalion, or corps, to which they respectively belong. Article 36. These rules and articles shall be read at the head of each company on the first Tuesday of May, annually. These articles to be read annually. SECT. 35. Be it further enacted, That all fines and forfeitures incurred by non-commissioned officers and privates, under the Fines, how to provisions of this Act, the recovery of which, and the mode of be recovered. the recovery of which, are not in and by this Act otherwise provided for, shall be prosecuted for, and recovered by the respective clerks of the companies to which such non-commissioned officer or officers, private or privates, incurring any fine or forfeiture, as aforesaid, belong, in the manner following: The clerk of each company, after the expiration of eight days, and within thirty days after the day of any parade of the * company to which he belongs, and after the expiration of eight [*1821 ch. 92, days,* and within thirty days after the day of any meeting of 11.] the company to which he belongs, for the choice of an officer or officers, shall make and subscribe 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 thirty-second article of the thirty-fourth section of this Act, or who have not within the eight days aforesaid, paid to such clerk the fine or forfeiture, or fines or forfeitures, 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, which information shall be in substance as follows, viz. of To A. B. Esq. Justice of the Peace, in and for the county Form of the clerk's information to a I the subscriber, clerk of the company commanded by justice. do hereby give information against the following person (or persons, as the case may be) who being duly enrolled in said company, and being duly notified to meet with said company on the day of Anno Domini was (or were, as the case may be) guilty of the offence and did incur the forfeitures set against his name (or their respective names, as the case may be.) Names. Offences. Forfeitures. A. B. non-com- (For unnecesarily neg- has forfeited Sums. |