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the time appointed for muster, directed to one or more non-commissioned officer or officers, private or privates by him specially appointed, requiring him or them to warn the men of said company, either in general or in districts to be by him assigned, to assemble at the time and place appointed therein, equipped according to law : and the warning officer aforesaid shall warn the men as aforesaid, either by personal notice or by leaving notice in writing at their usual places of abode, six days before the time of muster, and shall return his warrant with the name of every man so warned to the said commanding of

ficer one day before the day of assembling as aforesaid. Post of Sec. 11. And be it further enacted, That the commanding captains and their Once

officers of the several companies of militia shall take post

a compa according to the dates of their respective commissions,

and that their companies shall take post with them in the same station when on parade; and all independent companies which shall belong to any regiment of militia shall take post according to the date of their respective char

ters, and shall be commanded by their own officers. Non-com- Sec. 12. And be it further enacted, That every nonmissioned commissioned officer and private of the militia who shall officers, &c. how be disorderly or disobedient, or guilty of unmilitary con

duct, on a muster or training day, or at any other time for disorderly con- when on duty, shall be confined during the time of said duct.

muster or training, at the discretion of the commanding officer present, not exceeding six hours, or fined not exceeding six dollars, which fine shall be certified by said officer to some justice of the peace, and collected in the

manner prescribed in the fourteenth section of this act : Commis- and if any commissioned officer shall be disorderly or sioned offi"- disobedient or guilty of unmilitary conduct, during the

no t cers how punished. time aforesaid, he shall be liable to be arrested and tried

by a court-martial, and if found guilty shall be sentenced
to be reprimanded in orders, or be removed from office;
and whenever a court-martial shall sentence any officer to
be removed from office, the court shall therein adjudge
such officer incapable of holding any military commission
under this State, for life or years, according to the nature
and aggravation of his offence; and such sentence being
duly approved of by the officer appointing such court-
martial, shall be published and remain in full force, un-
less reversed (so far as respects disqualification) by the .
general assembly.

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To the sheriff of the county of

his deputy, or either Form . of the constables or town-sergeants of the town of within the same county, greeting.

In the name of the State of Rhode Island and Provi. dence Plantations, you are hereby required to summon of

in the county of



appear before me the subscriber, one of the justices of the peace for the town of

in the county aforesaid, the day of

at o'clock in the noon, then and there to shew cause, if any he hath, why a warrant of distress shall not issue against him (here insert the complaint.) Hereof fail not, but make due return with your doings hereon. Dated at aforesaid, the

day of

in the year of our Lord

Justice of the peace. Defendant And when the said party shall by himself or attorney applead the pear accordingly, he may plead the general issue, and give general is- any special matter in evidence ; and if on hearing, judgsue, &c.

ment shall pass for the respondent, he shall be discharge ed from the fine, but shall recover no cost, but if the said party shall make default, or if judgment be given against him upon trial, and he shall neglect for five days thereaf

ter to satisfy the same, with legal costs, then the justice Warrant before whom trial shall be had, shall issue his warrant of of distress. 3

* distress under his hand and seal, in the form following, to wit:

comregiment of

tified to an

[L. s.]

sc. Form of. To the sheriff of the county of or his deputy, or either of

the constables or town-sergeants of the town of within
the same county, greeting:


upon the day of

being a private soldier in the company of militia in the town of

(as the case may be) commanded by

in the regiment of militia in the said county of

commanded by was duly notified to appear upon the day of in the town of

in the county aforesaid, with his arms and equipments, as the law of this State directs; and the said

in violation of the said law, did without cause neglect to appear, (or did not appear armed and equipped, or otherwise as the case may be,) whereby he hath forfeited and ought to pay the sum of

to the uses directed by law; and the said

having been duly summoned to appear before me,

one of the justices of the peace for the town of

in said county, to shew cause if any he had why a warrant of distress should not he issued for the said sum, did not appear, (or appearing

to pay si may be,) whered and equipped.eglect to appea


did not shew sufficient cause why the said warrant should not be issued, as the case may be :) you are therefore commanded, in the name of the State of Rhode Island and Providence Plantations, forthwith of the goods and chat. tels of the said

within your precinct, to levy by distress and sale thereof, the aforesaid sum of with

costs of suit, being in the whole the sum of and to pay the same to

captain of the said company; and also of the goods or chattels of the said

to levy

more for this warrant, together with your own fees; and for want of such goods and chattels of the said

to be found within your precinct, you are commanded to take the body of the said

and him commit to jail in the county aforesaid, and the keeper thereof is hereby commanded to receive the said

into the said jail, and him safely keep until he shall pay the sum aforesaid, together with legal fees and costs, or until he shall be otherwise discharged by order of law; and you are to make return of this warrant, with your doings hereon, unto myself, within twenty days next coming ; for which this shall be your sufficient warrant: hereof fail not. Given under my hand and seal, the day of in the year of our Lord

Justice of the peace. And in case any such delinquent shall be within age May be and live with his father, mother or guardian, or shall be levied on

goods of an apprentice or indented servant, the officer to whom father, &e. said warrant may be directed shall be required to levy the in case. same upon the goods and chattels of said father, mother, guardian, master or mistress, as the case may be; and the justice aforesaid is hereby authorized to vary the form of the same accordingly; and if the said warrant should be returned unsatisfied, the said justice is hereby authorized to issue an alias at any time after; and the money so ley- Money, to ied shall be paid to the said commanding officer of the whom company, at the return of said warrant, to be appropria-*

paid. ted to purchase colors and to pay such expences of warning said company and training, as the town-councils of a

And how

o approprithe several towns may think reasonable; and the resi- ated. due thereof, if any, shall be paid to the colonel of the regiment to which said company may be attached, to be paid over by the respective colonels to the quartermaster-general, to be appropriated for such military purposes


as the general assembly may from time to time direct, and the said quartermaster-general shall report the amount thereof annually to the general assembly: and the commanding officer of each company shall allow not exceeding two dollars per day to the warning-officer, for each day that he shall or ought to be employed in warning said company, to be judged of by the commanding

officer aforesaid. Judgment Sec. 15. And be it further enacted, That any judgment

rendered by a justice of the peace or warden under this

act, shall be final and conclusive between the parties. Penalty Sec. 16. And be it further enacted, That any non-comfor neg., missioned officer or private who shall neglect to warn the lecting to warn the men of his company when thereto required, as provided company. in the tenth section of this act, without sufficient excuse,

he shall forfeit the sum of one hundred dollars, to be recovered by the captain of the company in any court of competent jurisdiction, and appropriated in the manner

provided by the fourteenth section of this act. 10 Officer Sec. 17. And be it further enacted, That every commisneglecting sioned officer who shall neglect or refuse to appear on to parade, to be tried. parade with his company when duly notified, without suf

ficient excuse, shall be tried by a court-inartial, and if

guilty, be broke and reduced to the ranks. Regimen- Sec. 18. And be it further enacted, That every regimental tal court- court-martial shall consist of at least five commissioned martial.

officers, one whereof at least being a captain, and shall be appointed by the commanding officer of the regiment,

who is hereby empowered to confirm, mitigate or disapGeneral prove any sentence by them given : and that every gen

eral court-martial shall consist of at least thirteen commissioned officers, one whereof shall be a general or field officer, and none under the grade of a captain, to be appointed by the major-general, or in his absence by the next officer present in command, who is empowered to con

firm, mitigate or disapprove any sentence by them given. Field offi- Sec. 19. And be it further enacted, That the divisions of

companies as now existing in the several towns be continnumber of ued, subject however to such alterations as their present

numbers or future increase or diminution may, in the nies.

opinion of the field officers of the regiments respectively, or any two of them, from time to time render expedient, and the officers aforesaid are hereby authorized to augment or reduce the number of companies in their several


cers may alter the


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