ties of clerk.

SECT. 112. Fines under section one hundred and two for refu- For refusal to sals to perform the duties of clerk according to the provisions of sec- perform the dution twenty-sixth shall be prosecuted by the commanding officer of the company to which the delinquent belongs, by complaint before any police or justices' court, or any justice of the peace having jurisdiction of military complaints, to the use of the company.

1825, 153, 5. Fines under section one hundred and four incurred by members of Fines incurred the brigade band, shall be prosecuted by the brigade major by com- by members of plaint, as before provided, to the use of the Commonwealth.

1809, 108, 34, art. 17.

brigade band.

Fines by sentence of court martial as provided in section one hun- By sentence of dred and three shall be prosecuted by the judge advocate or person court martial. appointed to act as such at the court martial by an action on the case,

to be paid by

to the use of the Commonwealth, and if any judgment for costs shall Costs against be rendered against any judge advocate in such case, it shall be the judge advocate duty of the officer to whom the execution upon such judgment is county treasur delivered, to demand payment of the execution of the treasurer of er. the county in which such judgment is rendered, and the said treasurer shall pay the same, and it shall be allowed to said county in the settlement of said treasurer's account with the Commonwealth.

1821, 92, § 9. 1834, 132.

officers.

SECT. 113. All fines for absences, defaults, neglects or offences Fines in commentioned in sections one hundred, one hundred and one, and one pany without hundred and two, when incurred by any non-commissioned officer or private in any company without officers (except the fine for refusing to give notice when ordered by the commanding officer of a regiment and that for refusing to return a roll) shall, on complaint of the officer detailed, as provided in section twenty-five, to train and discipline such company be prosecuted substantially in the like manner as they are to be prosecuted by the clerks in the following section; one half of the amount recovered to be to the use of the regiment; and the officer so prosecuting shall be a competent witness in the case.

1825, 153, § 1 and 7.

sence or diso

information.

SECT. 114. All fines incurred by any soldier not appearing when Fines for abordered, or disobeying any order, in case of riot, tumult, or other cause bedience in specified in sections one hundred and thirty-six, one hundred and case of riot, &c. thirty-seven, or one hundred and thirty-eight, or advising any other person to do the like; by musicians in any company under section By musicians. one hundred and four; by persons giving false information or refusing For giving false to give information with regard to themselves or other liable persons to be enrolled in any company under section one hundred and five; by parents, guardians or masters of minors enrolled in any company By parents, under section one hundred and six; and all fines and forfeitures in- guardians or curred by the non-commissioned officers and privates of any company All fines not under the provisions of this chapter, which are not otherwise provided otherwise profor, shall be prosecuted for and recovered by the clerk of such com- recovered by pany or any person appointed to perform the duties of clerk as pro- clerk. vided in this chapter, one half to be to the use of such clerk and one half to the commanding officer of such company to the use of the company in manner following, viz:

masters.

Ivided for to be

Information when and

where filed.

Form of information.

The clerk of each company after the expiration of twenty days and within forty days after the day of any parade or election of officers, shall make and subscribe an information against the offending non-commissioned officers or privates, who have not been excused by the commanding officer of the company according to the provisions of section ninety-six, or who have not within the twenty days aforesaid paid to such clerk the fines or forfeitures which they may have incurred; which information shall be left with some justice of the peace or filed in some police or justices' court (as the case may be) in the county in which such offending non-commissioned officer or private resides; and the information shall be in substance as follows: To A. B. Esq., justice of the peace within and for the county of or to the justices of the justices' court within and for the county of Suffolk, or to the justice of the police court, within and for (as the case may be.)

I, the subscriber, clerk of the company commanded by do hereby give information against the following person (or persons) who being duly enrolled in said company and being duly notified to meet with said company on the

day of

in the year
for (inspection of arms, company, training,
inspection or review or election of officers as the case may be) was
(or were, as the case may be) guilty of the offences and did incur the
forfeitures set against his name (or their respective names as the case
may be.)

G. H.

I. K.

L. M.

For being deficient of a

on said day.

For being on said day guilty

has forfeited

for coming on to the parade has forfeited
with his arms loaded.

For unnecessarily discharging

his musket, rifle or pistol, (as

the case may be) in going to

or returning from, or on the has forfeited
place of parade (as the case
may be) without the orders of
an officer.

For leaving his guard, section,
platoon or company, (as the
case may be) without the leave
of an officer.

has forfeited

(And in the same manner substantially all other offences are to be set forth against offending non-commissioned officers and privates)

I, therefore, agreeably to my oath of office and in compliance with the requisitions of the law in this behalf request you (or the justices of said court, or the said court, as the case may be) to issue a summons directed to each of the persons named in the above information to appear before you (or the said court as the case may be) and show