tions furnished.

tify as aforesaid, he shall incur the penalty provided in such case by section one hundred and two. 1825, 153, § 1. SECT. 94. The adjutant general shall furnish blank orders for Blank orders the commanding officers of companies to order their non-commis- and notificasioned officers and privates to notify their men to attend all the inspections, trainings, reviews, and elections of officers which may be ordered; also blank notifications or orders to be left with the men. 1809, 108, § 27. SECT. 95. It shall be the duty of the clerk to record in the Orders and noorderly book, all company orders and notifications; but the same tifications to be shall not be necessary to the recovery of any penalty.

EXCUSES.

1809, 108, § 8.

recorded.

cuses.

after.

SECT. 96. All excuses for the non appearance of any non- Time of ex commissioned officer or private must be made to the commanding officer of his company within twenty days after any training, view of arms, or other military duty from which he shall have been absent; and on the delinquent's producing satisfactory evidence of his inability to appear, his commanding officer shall excuse him; but all com- No excuses to manding officers of companies are hereby forbidden to receive any be received excuse for non appearance upon any pretence whatever, after the expiration of the twenty days allowed. No excuse shall avail such Not to avail on prosecution non commissioned officer or private on any prosecution for the re- except. covery of any fine or forfeiture unless proved to have been made to the commanding officer before the expiration of the twenty days as aforesaid, or unless said delinquent shall satisfy the court or justice before whom the case may be tried, that it was not in his power to make such excuse within twenty days as aforesaid. All commanding Clerks to be officers shall inform their clerks, or cause them to be informed, of any excuses for non appearance which they may allow.

informed of excuses.

ficiencies, and

1809, 108, § 34, art. 32. 1821, 92, § 11. SECT. 97. All commanding officers of companies are prohibited Excuses for defrom receiving any excuses from their men for any deficiencies of after the time equipment; and every commanding officer of a company who shall prohibited. at any time excuse any person under his command for any deficiency or after the expiration of the time allowed, for unnecessary absence or neglect, shall be liable to be tried by a court martial.

excuses unless.

1819, 108, § 34, art. 7 and 32. 1821, 92, § 11. SECT. 98. Whenever any person shall be exempted from mili- Certain exemptary duty upon presenting the evidence of the cause of his exemption tions not to be to his commanding officer as provided in sections two and three, within or before a certain time, and shall omit to comply with this regulation, it shall not avail him by way of excuse upon any prosecution for any particular absence or default, unless the provisions respecting the time of making excuses in section ninety-six have been complied with. 1821, 92, § 11. SECT. 99. Any officer detailed to train and discipline any com- Who may expany without officers according to the provisions of section twenty-nies without five, shall have the same power as the commanding officer of a officers. company to excuse absences of the non-commissioned officers and privates of the said company. 1825, 153, § 1.

case in compa

For unnecessary absence.

For deficiencies

FINES AND PENALTIES.

SECT. 100. Every non-commissioned officer and private, holden by law to do military duty in any company, and unnecessarily neglecting to appear at the time and place appointed for such duty, shall forfeit and pay for every such neglect the sums hereinafter mentioned. For unnecessarily neglecting to appear at inspection on the first Tuesday in May, four dollars.

At any company training, three dollars.

At inspection and review, five dollars.

At any meeting for the election of officers, one dollar.

For unnecessarily neglecting to appear when ordered, or disobeying any order in case of any tumult, riot, or other cause, as provided in sections one hundred and thirty-six, one hundred and thirty-seven, one hundred and thirty-eight, or advising any other person to do the like, fifty dollars. 1809, 108, § 34, art. 33. 1829, 115, § 4.

SECT. 101. Every non-commissioned officer or private who of equipments. shall appear at any inspection on the first Tuesday in May, or at any company training, or at any inspection and review, whose equipments are deficient, or of a bad quality, shall forfeit and pay the sums hereinafter mentioned, for each of the following articles deficient, of a bad quality, or in bad condition; a musket of bore sufficient for a ball of the eighteenth part of a pound, a bayonet or belt, an iron or steel ramrod, either or all of them, one dollar.

A cartridge box and twenty four cartridges, suited to the bore of his musket, and containing a proper quantity of good powder and ball, and a serviceable knapsack, either or all of them, thirty cents; provided, nevertheless, that the ball cartridges may be produced and kept, according to the provisions of section eighty-three; and the knapsacks may be dispensed with at company trainings.

Two spare flints, a priming wire and brush, either or all of them, twenty cents; provided, nevertheless, that none of the above forfeitures shall be incurred by any private in a standing or rifle company, who appears with a good rifle and powder horn, knapsack, shot pouch, and a quarter of a pound of powder, and twenty balls suited to the bore of his rifle.

In any company raised at large, for deficiency or bad quality of the uniform of the company, two dollars.

In any company of cavalry, for deficiency or bad quality of a sword or sabre, belt and pistols, all or either of them, one dollar.

Of any other article of equipment required, fifty cents.

In

any company of artillery, for deficiency or bad quality of a sword and belt, all or either of them, one dollar.

Of any other article of equipment, thirty cents.

In a company of riflemen, for a deficiency or bad quality of a rifle, and a sufficient ramrod, both or either of them, one dollar.

Of any other article of equipment, fifty cents.

1809, 108, § 34, art. 30 and 31. SECT. 102. Every non-commissioned officer and soldier, guilty of the several neglects and offences hereinafter mentioned, shall forfeit and pay the sums severally prescribed for each offence or neglect, besides any other penalties thereto annexed :

For quitting his guard, section, platoon, or company, not less than two nor more than ten dollars.

musket.

For discharging his musket, rifle or pistol, when going to, return- Discharging ing from, or upon parade, contrary to the provisions of section eighty three, not less than five nor more than twenty dollars.

For refusing or neglecting to give notice or warning, when ordered Refusing to by the commanding officer of his company, contrary to the provis- give notice. ions of section ninety, not less than twenty nor more than fifty dollars.

company with

For refusing or neglecting to give notice or warning in a company Refusing to without officers, when ordered by the commanding officer of the reg- give notice in iment or battalion, or the officer detailed to command the company, out officers. according to the provisions of sections twenty-five and ninety-three, not less than twenty nor more than fifty dollars.

For loading his arms upon parade with ball, slug or shot, or com- Loading with ing upon parade with them so loaded, contrary to the provisions of ball on parade. section eighty-three, not less than five nor more than twenty dollars.

For refusing to perform the duties of clerk, when required accor- Refusing to act ding to the provisions of section twenty-six, not less than ten nor as clerk. more than twenty dollars.

When clerk of a company without commissioned officers, for refusing to enrol persons liable to military duty, and to return a roll as provided in section seven, when ordered so to do, not less than twenty nor more than fifty dollars.

Refusing to en

rol and to return roll in com

pany without

officers.

Contempt, dis

For behaving with contempt to an officer, or conducting in a disorderly conorderly manner, or exciting or joining in any tumult or riot, or being duct, tumults or guilty of any other unmilitary conduct, disobedience of orders, or riot, disobedineglect of duty, when under arms or on duty, not less than five nor ence, neglect of duty. more than twenty dollars. For any of the offences mentioned in this last paragraph, any non- Persons comcommissioned officer or private guilty thereof, may be put under mitting last mentioned, may guard by the commanding officer of the company, regiment, or of the be put under field, and so kept for a longer or shorter time, not exceeding the time guard. when his company is dismissed from duty for the day; and any noncommissioned officer may be reduced to the ranks for any offence mentioned in this chapter, or any disobedience of orders or unmilitary may be reduced conduct, by the commanding officer of his regiment, with the advice to the ranks. of the commanding officer of his company, besides in both cases in

curring the fine here mentioned.

1809, 108, § 34, art. 18, 21, 22, 23, 24, 26. '1821, 10, § 10. 1825, 153, § 1 and 5.

Non-commissioned officer

Fines of offi

SECT. 103. Officers shall be liable to the following fines : Any officer who shall parade his company on the days of elec- cers. tions, contrary to the provisions of section eighty-seven, besides ing liable to a court martial, shall forfeit and pay not less than fifty elections. nor more than three hundred dollars.

be- rade on days of Ordering pa

cepting com

Any officer who shall exercise his power and authority as an offi- Acting as an ofcer of the militia after accepting an appointment in the army of the ficer after acUnited States, contrary to the provisions of section seventy-two, mission in the shall forfeit a sum not exceeding three hundred dollars.

army.

tumults.

Any officer who shall disobey any order or precept in case of tu- Disobeying any mults, riots, and other causes, as provided in sections one hundred order in case of and thirty-six, one hundred and thirty-seven, and one hundred and thirty-eight, shall forfeit not exceeding five hundred dollars, besides being cashiered and liable to an imprisonment, as therein provided.