where, if

ing a reasonable excuse, to be adjudged of by a Court of Enquiry, shall forfeit and pay, for each day which he shall fail so to attend, five dollars, to

be appropriated as the other fines are by this act : Such training Provided always, That, where there is more than more than one one Regiment in a county, the officers of each Reregiment in giment shall meet at the court-house of said county, county. for the purpose of being trained by the Brigade InDuty of artil- spector, as prescribed by law. It shall be the duty lery and cav- of the officers of Artillery and Cavalry of every

alry officers

to attend.

Penalty on brigadier

general fail

How recoverable.

grade, to attend the training of officers in the Regiments wherein they respectively reside; and they shall be subject to the same penalties on failure, as other officers of equal rank.

50. Every Brigadier General failing to appoint or direct the training of officers in any Regiment, ing to appoint or failing to appoint regimental musters, as directed training of officers. by law, shall forfeit and pay not less than fifty, nor more than two hundred dollars, for every failure, to be adjudged by the Court of Enquiry of the Regiment, within the limits of which he may reside. And it shall be the duty of the Colonel, in whose Regiment such failure shall happen, within thirty days thereafter, to certify the same to the President of such Court of Enquiry, whose duty it shall be to cause notice to be given to such Brigadier General; and such Court of Enquiry shall, at their ensuing session, proceed to adjudge such fine, as in other cases; saving to the party aggrieved, the right of appeal to the Executive, under the regulations herein mentioned. And the fines so imposed shall be collected and accounted for as other fines.

Saving appeal to executive.

Brigade inspector to employ drum

to attend such

sation.

51. Every Inspector of a Brigade shall employ a competent drum and fife major, to attend the trainand fife major ing of the officers throughout the Brigade, who trainings; shall be allowed, each, four dollars per day for their their compen- services, and four cents for every mile they must necessarily travel, to be paid in the same manner as the compensation allowed the Brigade InspecRegimental tor; and the drummers and fifers of each Regiment fifers to at- shall be summoned by the officer, having immediate tend, and for command over them, to attend the training of the what purpose.

drummers and

pensation.

officers, to be taught the different beats and marches by the drum and fife major aforesaid, whose duty it shall be to instruct them, under the direction of the Brigade Inspector. Any drummer or fifer so Their com attending, shall be allowed by the Regimental Court of Enquiry, a reasonable compensation for his services, not exceeding two dollars per day; and, for failing to attend the training of the officers Penalty for not attending. as aforesaid, shall be subject to a fine, not less than three nor more than ten dollars, to be imposed and collected in the same manner as the fines on commissioned officers for failing to attend such training. And until a sufficient number of drum- Drummers, mers and fifers, of buglers or trumpeters, shall be fifers, &c. to be employed procured for each Regiment of Militia, it shall be to attend batlawful for each officer commanding a Battalion, panies, &c. Company, or troop of Cavalry, to employ a drummer and fifer, a bugler or trumpeter, as the case may be, to attend his musters; and the drummer Compensaand fifer, bugler or trumpeter, so attending, shall tion." be allowed by the Regimental Court of Enquiry, to which such Battalion, Company or Troop may belong, a sum not exceeding two dollars each, for their services. And the captains of volunteer com- Musicians panies are hereby authorised and empowered to enlisted for enlist such musicians, not exceeding six in number, companies. as they may think necessary, for the service of their respective companies; but any musician so enlisted, shall not be entitled to any compensation unless when in actual service.

talions, com→→

volunteer

authorised.

52. Any officer who may be guilty of disobe- Arrest of offidience, or other misbehaviour, when on duty, or cers; when shall, at any time, be guilty of any conduct unbecoming the character of an officer, shall be put under arrest by his commanding officer, and tried as hereafter shall be directed.

of non-com

diers for diso

53. If any non-commissioned officer or soldier Punishment shall behave himself disobediently or mutinously, when on duty, or before any Court or Board direct- ficers or soled by this act to be held, the commanding officer, bedience or Court or Board, may confine him for the day; and mutiny. he may moreover be fined, at the discretion of the

By-standers misbehaving,

may be confined for the

day.

Penalties for breach of

duty;

dants of regi

ments }

Court of Enquiry, in any sum not exceeding ten dollars, to be appropriated as other fines imposed by this act.

54. If any by-stander shall interrupt, molest or insult any officer or soldier, while on duty, at any muster, or shall be guilty of like conduct before any Court or Board, the commanding officer, or such Court or Board, may cause him to be confined for the day.

55. And, for enforcing obedience to this act, the following forfeitures and penalties shall be incurred On comman for delinquencies; viz: a Colonel or commanding officer of a Regiment, for failing to take an oath, to summon any Court or Board, to attend any Court or Board, to transmit any recommendation of an officer or officers to the Governor, to deliver a commission or commissions, to appoint a Battalion muster, or failing to give notice of a Regimental muster, to report delinquencies, to make returns of his regiment, as by this act directed, shall, for each and every such offence or neglect, forfeit and pay a sum not exceeding seventy dollars; for failing to send into actual service, any Militia legally called for, or to turn out his Militia upon any invasion or insurrection of his county, three hundred dollars; for failing to appear while on duty in full uniform, for each article of dress in which he may be defiOn lieutenant cient, four dollars. A Lieutenant Colonel or Major, majors; for failing to take an oath, to summon any Court or Board, to attend any Court or Board, to give notice of any Regimental or Battalion muster, to examine his Battalion, to report delinquencies, or to make any return as directed by this act, shall forfeit and pay, for each and every offence and neglect, a sum not exceeding thirty dollars; for failing to call forth from his Battalion, with due dispatch, any detachment of men or officers, as shall be required from time to time by the commanding officer of his Regiment, or any call from the Governor, invasion of, or insurrection in his county, or requisition from any neighboring county, one hundred and fifty dollars; for failing to appear, while on duty, in full uniform,

colonels or

for each article of dress in which he may be deficient, three dollars. A captain, for failing to take on captains; an oath, to attend any Court, to enroll his

company, to appoint private musters, to give notice of a Regimental or Battalion muster, to attend any muster, to call his roll, examine his company and report delinquencies, or to allot his company into divisions from one to ten, for a regular routine of duty, or to make any returns as directed by this act, shall forfeit and pay, for each and every offence and neglect, a sum not exceeding twenty dollars; for failing to call forth such officers and men as shall, from time to time be legally called from his company, upon any call from the Governor, invasion of, or insurrection in the county, or requisition from an adja-. cent county, or failing on such occasions to repair to the place of rendezvous, shall forfeit and pay seventy-five dollars; for failing to make any report concerning the public arms, according to the directions of this act, a sum not exceeding fifty dollars; for failing to appear, while on duty, in full uniform, for each article of dress in which he may be deficient, two dollars. Any Adjutant who shall fail to On adjutants; attend any Regimental or Battalion muster, or any other meeting of the Regiment or Battalion, without having a reasonable excuse, shall forfeit and pay the sum of twenty dollars, to be assessed by the Regimental Court of Enquiry. The Quarter-mas- Quarter-master and Pay-master, the Surgeon and Surgeon's ters, pay-masMate, for failing to attend the Regimental muster, and surgeons' not having a reasonable excuse, shall forfeit and pay the sum of fifteen dollars, to be assessed in like manner. And the Sergeant-Major, for failing on sergeant to attend the Regimental or Battalion musters, or majors; the annual training of the officers, not having a reasonable excuse, shall forfeit and pay the sum of five dollars, to be assessed by the Regimental Court of Enquiry. A subaltern officer, for failing to take And subal any oath, to attend any court or muster, armed as directed, for each and every such offence, shall forfeit and pay a sum not exceeding ten dollars; for failing to repair to the place of rendezvous, armed

D

ters, surgeons

mates;

tern officers.

as required, when ordered upon any call from the Governor, invasion of, or insurrection in the county, or requisition from a neighboring county, fifty dollars; for failing to comply with the directions of this act, (so far as the same relates to the public arms,) defining the duties of captains of companies, when such captain shall be absent, and the command of such company shall devolve on such subalFine for fail- tern, a sum not exceeding fifty dollars; for failing ing to appear to appear, while on duty, in full uniform, for each when incur article of dress in which he may be deficient, two

in uniform,

red.

Penalty on non-commis

dollars: Provided, that no officer shall be subject to a fine for failing to appear in uniform, until three months after he shall have qualified to his commission. A non-commisioned officer or soldier for failing to sioned officer repair to the place of rendezvous, when ordered, or soldier, for upon any call from the Governor, invasion of or inpair to place surrection in the county, or requisition of a neighof rendezvous. boring county, shall forfeit and pay a sum not ex

failing to re

also, to be arrested and tried.

Penalty on

non-commis

or private

failing to attend muster;

ceeding eighty dollars, to be adjudged of and determined by their respective Battalion Courts of Enquiry; and, moreover, shall be enrolled in the class destined to perform the next tour of duty. Officers liable And moreover, the said officers, for any of the said offences, shall be liable to be arrested and tried for the same as military offenders. Any non-commissioned officer or private, failing to attend at his Resiened officer gimental, Battalion or Company muster, armed and equipped as the law directs, shall forfeit a sum not less than seventy-five cents, nor more than three dollars; and for failing to return the public arms and accoutrements, when legally required, for each and every such failure or neglect, he shall forfeit To go into and pay one dollar. If any non-commissioned officer or private, at any muster, shall fail to go into the ranks when required, or to perform any order given, (not having a reasonable excuse, to be judged of by a Court of Enquiry,) such non commissioned officer or soldier shall be fined in a sum not less Fines on non- than five nor more than ten dollars. If any noncommissioned commissioned officer or private shall be returned vates for not as a delinquent, in not appearing armed and accou

To return

public arms when legally required;

the ranks

when ordered, &c.

efficers or pri

appearing