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ering him over to the civil authority, to be dealt with according to the law of the land, as the case may require : and any officer who shall command on a march, or in camp, garrison, or quarters, who shall neglect to, see justice done herein, shall, on proof thereof before a general court-martial, be cashiered, and otherwise suffer such penalties as such offenders ought to have done.
Art. XII. No non-commissioned officer or soldier, shall be found one mile from the camp without leave in writing from his superior officer. No officer or soldier shall be out of his camp or quarters, without leave from his commanding officer. All non-commissioned officers and soldiers shall, at retreat-beating, retire to their quarters. All officers, non-commissioned officers, and soldiers shall, at the time prefixed by the commanding officer, immediately repair to the parade, alarm-post, or other place of rendezvous, and there shall remain until duly dismissed or relieved: any who shall offend herein, shall be punished according to the nature of his offence, by the judgment of a court-martial.
Art. XIII. If any officer or soldier shall think himself wronged by his superior officer, and shall, upon due application made by him, be refu. sed redress, he may complain to the general, or commander of the camp, post, or garrison, who is hereby required to examine into the matter, and see that justice be done.
Art. XIV. Any commissioned officer found drunk on guard, or other duty under arms, shall be cashiered. Any non-commissioned officer or soldier so oftending, shall suffer such punishinent as sliall be inflicted by the sentence of a court-martial.
Art. XV. Any sentinel found sleeping on his post, or who shall leave his post before relieved, shall suffer sucli punishunent as a court-martial shall order.
Art. XVI. Any person who shall designedly make a false alarm, or any officer or soldier who shall, without urgent necessity, leave his platoon or division, shall be punished, according to the nature of his oflence, by judgment of a court-martial.
ART. XVII. Any officer, non-commissioned officer, or soldier, who shall leave his post in time of an engagement, to go in search of plunder, shall sufier such punishment as a court-martial shall see cause to inflict.
Art. XVIII. Any officer or soldier, who shall, by his influence, cause or excite the officers or soldiers of any post, to compel the commanding officer of any post, or garrison, to give it up to the enemy, or to abandon it, shall suiler death, or such other punishment as a general courtmartial shall inflict.
ART. XIX. Any officer or soldier, who shall make known the parole or countersign, to any one who is not entitled to receive it; or shall give a false parole or watch-word to any who are entitled to receive it, shall suffer death, or such other punishment as a general court-martial shall inflict.
Art. XX. Whatsoever officer or soldier, when in service, shall relieve the enemy with money, victuals, arms, or ammunition; or shall knowingly harbour or protect the enemy, or shall hold a correspondence, or give intelligence to the enemy, either directly or indirectly, shail suffer death, or such other punishment as a general court-martial shall infiict.
Art. XXI. Whatever officer or soldier, in time of an engagement, shall traitorously and evidently, be aiming to decoy or betray any corps, party or detachment into the hands and power of the enemy, shall suffer
Art. XXII. Whatsoever officer or soldier shall shamefully abandon any post committed to his charge, or endeavour by words to induce others to do the like, in time of engagement, shall suster death, or such other punishment as a general court-martial shall inflict.
Art. XXIII. No non-commissioned officers or soldiers shall sell, waste, destroy, or embezzle any arms, ammunition, or other warlike stores, belonging to, and delivered to him for the service of, this State, on pain of being punished, according to the nature of his offence, and of paying the value of the thing so sold or wasted, to be stopped out of his pay, by the sentence of a court-martial, or recovered by action in civil
Art. XXIV. Whatsoever officer shall be convicted before a courtmartial of behaving in a scandalous, infamous manner, such as is unbecoming the character of an officer and a gentleman, shall be discharged the service.
Art. XXV. All spies from the enemy, found in any of our camps, garrisons, or forts, or in the neighborhood thereof, either lurking in woods, or among the inhabitants, with or without arms, and who shall be thereof convicted by general court-martial, shall suffer death.
Art. XXVI. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order, and military discipline, though not mentioned in these articles, are to be punished by courts-martial, according to the nature and degree of the offence.
SECTION II. ARTICLE I. Whensoever a general court-martial shall be necessary in camp or garrison, and there is no general officer in command there, such court-martial shall be called by the captain general, or in his absence the next officer in command in the State: and no court-martial shall be held in the State, except in camp or garrison, without orders from the captain general : and in necessary cases, courts-martial may be held in any part of the State, when and where the captain general shall direct.
Art. II. Every general court-martial shall consist of thirteen members, the senior in rank to be the president, who shall not be under the rank of a field officer.
Art. III. All courts-martial, not general, shall be appointed, and the members 'named, by the colonel or commanding officer of the regiment or detachment, to which the offender, who is to be tried, belongs.
Art. IV. The sentence of any court-martial shall not be put in execution, until the same be approved, and the execution ordered, by him who appointed the said court: and no sentence for a capital offence shall be put in execution without being first laid before the captain general for the time being, and by him approved of.
Art. V. All members of a court-martial shall behave with decency and calmness; and shall begin with the youngest in rank to give their opinions.
Art. VI. All regimental courts-martial shall consist of five members, unless in cases where not more than three can be had-all shall be commissioned officers.
Art. VII. No field officer shall be tried but by a general court-martial; nor in those cases shall any member be below the degree of a cap
ART. VIII. No regimental court-martial shall sentence any prisoner to receive a greater punishment than thirty-nine stripes for one offence.
ART. IX. All offenders who are confined, shall have their trial as soon as the nature of the case, and the situation of the service, will admit; and the crime shall be given in writing before the relieving of the guard.
Art. X. Every officer commanding the guard, when an offender is committed, shall within twenty-four hours, report the prisoner, and the crime he is charged with, to the commanding officer of the post, that speedy justice may be done.
Art. XI. All sutlers, and others, who keep with the troops in service, shall be subject to these rules and regulations.
ART. XII. Any officer who shall make a false return, for the purpose of obtaining more pay, provisions or stores, than his just due, shall, on conviction thereof, be cashiered, and rendered incapable of holding any military commission thereafter in this State; and shall also be holden to reimburse any money, or other articles drawn by virtue of such false return.
Art. XIII. All members sitting in courts-martial, shall be sworn by the president: and the president shall himself be sworn by the next of ficer in rank, in said court. The oath to be taken previous to their proceeding to the trial of any offender, in the form following, viz:
You — swear, that you will well and truly try, and impartially determine the cause of the prisoner now to be tried, according to the rules and regulations for the preserving order, good government, and discipline, among the militia, and other forces of this State. So help you God.
ART. XIV. All persons called to give evidence in any case before a court-martial, who shall refuse to give evidence, shall be punished for such refusal, at the discretion of such court-martial. The oath to be administered in the form following, viz:
You swear, the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.
Art. XV. When this State's troops and militia are called to do duty together, the officers in the State's service for any term of time, shall command the militia officers of equal rank; but a militia officer shall take the command of those officers of inferior rank.
AN ACT to libel confiscated Estates. Whereas, many persons, heretofore possessed of real and personal property in this State, have joined the open enemies of this and the United States, and, by their treasonable conduct, have justly forfeited their estates to the good people of this State. To the intent, therefore, that the same may be legally condemned, and appropriated to the use of the people of this State, to enable them vigorously to prosecute the war against Great Britain, in conjunction with the United States;
Be it enacted, &c. that the county courts, within their respective counties, be, and they are hereby constituted courts to judge and determine of all forfeitures, that have or may accrue to this State, by reason of any treason, or misprison of treason, against the same, and that in all cases wherein persons have gone, or shall hereafter voluntarily go, from this, or any of the United States, and join the open enemy, or commit any overt act of treason against this, or the United States, and shall fiee and escape from justice, so that they cannot be proceeded against in due form of law; that then, and in every such case, it shall be the duty of the sheriffs, select-men, grand-jurors, and all informing officers, to make due presentment of all real and personal estate of, or belonging to, any person or persons as aforesaid, to the clerk of said court, in the respect. ive county where the estate may be found ; which said clerk, by order of the judge of said court, shall libel each and every article of said estate, in Westminster Gazette, at least twenty-four days before the day of the court's sitting; notifying the time and place of the court's sitting, and requiring all who have any claim or title to said estate, real or personal to bring in and defend the same against the State. And all tryals of forfeiture shall be by jury; any law, usage, or custom to the contrary notwithstanding.
Provider nevertheless, that nothing, herein before contained, shall be construed to extend to any goods or estate heretofore condemned, and appropriated to the benefit of this State by the court of confiscation.'
And be it enacted, that it shall be the duty of the State's attorney, in the respective counties, to prosecute all tryals for forseiture to final judgment; and certify all such estates, real or personal, against which judgment shall be rendered to commissioners appointed by the General Assembly to sell the same.
And be it enacted, that the court shall have power to appoint auditors, to hear and examine the claims of the debtors and creditors to or from such estates, as have been, or shall be, adjudged forfeited to the use of this State, as aforesaid ; and certify the balance due from such estates to any person or persons, to the court appointing said auditors; and shall certify all debts due to said estates, to the State's attorney, (taking his receipt for the same) who is hereby authorised to sue for the same.
AN ACT to revive the Laws passed by the Legislature of this state.
Be it enacted, &c. that each and every act and law of this State, (except those repealed by special act of Assembly be and remain in full force and virtue, until the rising of the Assembly in October next.
LAWS PASSED AT WINDSOR,
FEBRUARY SESSION, 1781.
AN ACT directing County Elections. Whereas it is highly necessary, that county officers be appointed according to Constitution, for the better exercising civil government in the respective counties within this State. Therefore, 1 Be it enactel, &c. that the constables, in the several towns within this State, shall warn all the freemen in their respective towns, to meet at the usual place of holding town-meetings, in their respective towns, on the last Tuesday of March next, at nine of the clock in the morning ; said warning to be given, at least, six days before the day appointed for said meeting ; and the constables shall also warn all the inhabitants in their respective towns, to attend said meeting, in order to qualify themselves for voting in said meeting ; and being so met, the freemen shall proceed in the following manner, viz:
1stly. To choose a moderator to govern said meeting.
2dly. The freemen shall give in their ballot for him whom they would have for their chief judge, for the county court, in the county they respectively belong to, with his name fairly written ; which votes shall be sealed up by the moderator of said meeting in the presence of the freemen; in the like manner the freemen shall proceed to give in their votes, for four assistant judges ; which votes shall be sorted and counted by the moderator and town-clerk in the presence of the freemen, and a list thereof taken in the same manner as set forth in the act for the choice of councillors.
3dly. The freemen shall give in their votes for him whom they would choose for the sheriff of the county to which they belong ; which votes shall be sealed up as above mentioned.
4thly. The freemen shall give in their votes for one judge of probates for each probate district in the county to which they belong; the votes to be sealed up as above.
5thly. That the freemen shall give in their votes for two justices of the peace in each town wherein is one hundred taxable inhabitants; and in like manner for one justice of the peace, in each other town in said county, wherein are twenty taxable inhabitants; which votes shall be sorted, counted and sealed up as above directed ; then the moderator shall write