OF FINES AND PENALTIES OF OFFICERS AND OF THE MANNER OF ENFORCING THE SAME.

SEC. 64. All offences committed by general, field, commissioned and staff officers and surgeons, whether consisting in disobedience of orders, or unofficer-like conduct while on duty or during any day appropriated to military exercise, inspection or review, or in neglect or violation of any duty imposed upon them by law as officers of the militia, and whether committed in times of quiet, or of invasion, insurrection, riot or tumult, shall be punished by courts martial, according to the usage and practice of war, by a fine not exceeding five hundred, nor less than twenty dollars; by imprisonment not exceeding six months; cashiering, with or without disability of ever after holding any military office in the state; or repri mand; either or all, with costs, at the discretion of the court; said fines and costs to be collected for the use of the state, by warrant of distress, under the hand and seal of the president of the court martial imposing the same, directed to the sheriff of the county in which the convicted officer shall reside; who shall pay over the fine so collected to the general treasurer. The president of the court martial which shall impose upon any officer the penalty of imprisonment shall, by a mittimus in common form, under his hand and seal, have power to commit the convicted officer to the jail of the county in which he shall reside, for the term of his sentence; and all sheriffs, deputy sheriffs and jailers are directed to govern themselves accordingly.

OTHER FINES AND PENALTIES.

SEC. 65. Any non-commissioned officer or private of a regimental company or of a volunteer corps attached thereto, who shall while under arms or on duty behave himself with contempt of any officer, disobey any order, or who shall conduct in a disorderly manner, join in or excite any riot or tumult, or appear in any fantastical dress, or with other arms and accoutrements than what the law requires, or who shall be guilty of any other unsoldierly conduct, shall be put under guard by the officer commanding the field, or by his order, for a time not exceeding the time the troops shall be under arms, and shall in addition thereto be liable to a fine of twenty dollars; to be recovered by complaint and warrant before any justice of the peace, one half thereof to and for the use of the complainant, and the other half to and for the use of the state; or be imprisoned, at the discretion of the court trying such offender, not exceeding ten days. The ordinary fines and penalties of non-commissioned officers and privates

for non-attendance or neglect of duty, in every regimental company, will be regulated by and collected according to the charter of such company; and if no mode be prescribed by such charter, then by warrant of distress, to be issued under the hand and seal of the commanding officer of such regimental company, directed to the sheriff, his deputy, or to any town sergeant or constable within the county where such regimental company is located, or to the quarter-master, or either of the sergeants of said regimental company. The fine for non-attendance at any brigade training shall be six dollars, to be recovered in manner aforesaid. But no fine for nonattendance at the brigade training shall be imposed upon or recovered from any officer or private of a volunteer corps attached to a regimental company or regiment for the purpose of such training.

SEC. 66. In case of war, invasion, threatened invasion, insurrection, mob, riot or tumult, any militia soldier below the rank of a commissioned officer, ordered out, volunteered, detached or drafted, who shall neglect to appear at the time and place designated by his commanding officer, or in case of the enrolled militia, at the time and place designated by the town council or mayor and aldermen, or to place himself under the command of the officers of the regimental company into which he may have been drafted or have volunteered, shall forfeit the sum of one hundred dollars, or be imprisoned three months, either or both at the discretion of the court who shall try such offender; said punishment to be enforced by indictment or other criminal process proper to the court, in any court of competent jurisdiction in the county in which the offender may reside; or in time of actual war may be otherwise dealt with, as the articles of war then established may direct.

SEC. 67. Any assessor of taxes who shall neglect or refuse in due time to perform the duty of preparing a list or roll of all persons liable to be enrolled in the militia within the limits of the town or city of which he is an assessor, or of placing the same in due time in the hands of the town or city clerk of such town or city for record and return, or who shall neglect or refuse in due time to assess a tax of fifty cents upon all persons enrolled in the militia, in commutation of military duty as herein before prescribed, or to deliver the assessment of such tax to the collector, shall be individually liable for every such refusal or neglect to the penalty of fifty dollars; to be recovered by indictment or other criminal process, in any court of competent jurisdiction in the county in

which the offence may be committed. Any town or city clerk who shall refuse or neglect to record said list or roll of names, or to make due return of the same to the adjutant general, shall for every such refusal or neglect be liable to the penalty of fifty dollars, to be recovered by indictment or other criminal process as aforesaid. Any collector of taxes who shall neglect or refuse in due time to collect, return or pay over to the general treasurer the tax assessed in commutation of military duty, shall be liable to the penalty of fifty dollars for every such neglect or refusal, to be recovered in manner aforesaid; and in addition thereto shall, if he doth not pay over the said taxes collected, be liable to pay double the amount of the same, with double costs, in an action of the case to be brought against him by the general treasurer. Any town treasurer who, upon the request of the collector, shall neglect or refuse forthwith to issue his warrant or warrants for the collection of said tax in commutation of military duty, shall be liable to a penalty of fifty dollars for each neglect or refusal, to be recovered in manner aforesaid. If any town council shall wilfully and fraudulently remit said tax in commutation of military duty to any person or persons liable to pay the same, each member of the town council so wilfully and fraudulently remitting as aforesaid, shall be liable to a penalty of fifty dollars for each wilful and fraudulent remitting to such person or persons, to be recovered in manner aforesaid. The penalties in this section mentioned shall, when received or recovered by the general treasurer, be by him applied in the same manner as the taxes by him received in commutation of military duty.

SEC. 68. When information is required by persons lawfully ordered or authorized to make enrolment of those liable to do military duty, or by those acting under them, any person refusing to give information of his name or age, or giving false information concerning the same; and also any keeper of a tavern or boarding-house, any parent, master or mistress of a family refusing to give the required information, or giving false information, shall forfeit and pay the sum of twenty dollars; to be recovered by complaint and warrant for the use of the state, before any justice of the peace in the county in which such offence may be committed.

SEC. 69. Any spectator or by-stander who shall abuse, molest or strike any commissioned or non-commissioned officer or private when on parade or under arms, shall, in addition to all other remedies or penalties by law provided, forfeit and pay the sum of twenty dollars; to be recovered, if a

field or staff officer, upon the complaint and to the use of such field or staff officer; and if a company officer, whether commissioned or non-commissioned, or a private, upon the complaint of the commanding officer of the company, and to the use of the company to which such officer or private belongs, by ordinary complaint and warrant before a justice of the peace. Every spectator or by-stander who shall intrude upon the bounds and limits of parades shall pay the sum of ten dollars, to be recovered upon complaint of the officer in command at the time of such intrusion, in like manner as last aforesaid, to and for the use of the state.

SEC. 70. Any physician or assistant surgeon who shall take any gratuity whatsoever from any person for a certificate for inability to perform military duty on account of bodily infirmities, or shall grant any such certificate unless after critical examination, and unless such infirmity or inability be beyond all doubt such as to render the applicant unable to perform military duty, shall be liable to the penalty of fifty dollars; to be recovered by indictment, or other criminal process proper to the court, in any court of competent jurisdiction in the county in which such offence may be committed.

COURTS MARTIAL.

SEC. 71. General, field, commission and staff officers, shall be subject to trial by court martial, according to the usage and practice of war, for disobedience of orders, unofficer-like conduct while on duty or during any day appropriated to military exercise, inspection or review, and for neglect or violation of any duty imposed upon them by law, as officers of the militia; which court martial shall consist of not less than five, nor more than seven members; and the senior officer, who shall always be of a rank superior to that of the officer on trial, shall preside. The court martial for the trial of an officer under the grade of a field officer, shall be appointed by the commanding officer of the brigade to which he belongs; for the trial of an officer of the grade of field officer, by the commanding officer of the division; and for the trial of a general officer, by the commander-in-chief. In every court martial there shall be a judge-advocate, who shall discharge the duties of that office according to the usage and practice of courts martial; and no other person shall be admitted to prosecute or defend an arrested officer. Whenever a court martial shall be ordered, the order shall designate the time and place of holding the same, the name of the officer to preside, and the names and ranks of the other officers of which the court is to be composed: provided, that

no court martial shall be called without the approval of the commander-in-chief, and no expense of any court martial shall be paid unless allowed by the general assembly.

If the court shall be ordered by the commander-in-chief, the orders shall be as follows, to wit:

STATE OF RHODE-ISLAND, SC.

General Orders.

A general court martial is ordered to assemble at

day of

A. D.

for the trial of such

on the persons as may be brought before them; to consist of members to be taken from the division, to wit: the major general brigadier general or generals, colonel or colonels, lieutenant colonel or colonels. Major general will preside. The adjutant of the regimental company or regiment will furnish an orderly sergeant to attend and execute the orders of the court. (To be signed by the commander-in-chief, or by the adjutant general, by his order.)

If a court martial be ordered by the major general, the orders shall be as follows, to wit:

STATE OF RHODE-ISLAND, SC. Division Orders.

A general court martial of the divison will assemble at

on the

day of

A. D.

for the trial of such persons as may be brought before them; to consist of

members, to wit:

colonel or colonels,

nels,

brigadier general or generals, lieutenant colonel or colo

major or majors. preside. The adjutant of the

regiment will furnish an orderly

sergeant to attend and exe

cute the orders of the court. (To be signed by the major general, or by the division inspector, by his order.)

If the court be ordered by a brigadier general, the orders shall be as follows, to wit:

Brigade Orders for the

STATE OF RHODE-ISLAND, Sc. Brigade of Rhode-Island Militia. brigade will assem

A general court martial for the

day of

trial of such persons as shall be brought before them; to con

majors, (and if any,) captains, will preside. The adjutant of regimental company or regiment will furnish an orderly sergeant to attend and execute the orders of the court. (To be