other necessaries, to the camp or quarters of the forces of this province; any officer or soldier so offending shall, upon complaint being made to the commanding officer, suffer such punishment as shall be ordered by a regimental court-martial.

Art. 29. Whatsoever officer or soldier shall misbehave himself before the enemy, or shamefully abandon any post committed to his charge, or shall speak words inducing others to do the like, shall suffer death immediately.

Art. 30. In all cases where a commissioned officer is cashiered for cowardice or fraud it be added in the punishment that the crime, name and place of abode, and punishment of the delinquent be published in the newspapers of this province. After which it shall be deemed scandalous in any officer to associate with him.

Art. 31. Any person belonging to the said troops, who shall make known the watch word to any person who is not entitled to receive it, according to the rules and discipline of war, or shall presume to give a parol, or watch word, different from what he received, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court-martial.

Art. 32. All persons convicted of holding a treacherous correspondence with, or giving intelligence to the enemy, shall suffer death, or such other punishment as the general courtmartial shall think proper.

Art. 33. Whosoever, belonging to the troops of this province, shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor or protect an enemy, shall suffer such punishment as by a general court-martial shall be ordered.

Art. 34. If any commander of any post, intrenchment, or fortress, shall be compelled, by the officers or soldiers under his command, to give it up to the enemy, or to abandon it, the commissioned officer, non-commissioned officers or soldiers, who shall be convicted of having so offended shall suffer death, or such other punishment as may be inflicted upon them by the sentence of a general court-martial.

Art. 35. All officers and soldiers who shall wilfully or through negligence, disobey any general or special orders, shall be punished at the discretion of a regimental court-martial,

where the offense is against a regimental order, and at the discretion of a general court-martial, where the offense is against an order given from the commander in chief, or the commander of any detachment or post, and such general courtmartial can be had.

Art. 36. All sutlers and retailers to a camp, and all persons whatsoever serving with the said troops in the field, though not enlisted soldiers, are to be subject to these articles, rules and regulations.

Art. 37. No general court-martial shall consist of a less number than thirteen, none of which shall be under the degree of a commissioned officer, and the president shall be a field officer: And the president of each and every court-martial, whether general or regimental, shall have power to administer an oath to every witness, in order to the trial of offenders. And the members of all courts-martial shall be duly sworn by the president, and the next in rank on the court-martial shall administer the oath to the president.

Art. 38. The members, both of general and regimental courtsmartial, shall, when belonging to different corps, take the same rank which they hold in the army; but, when courts-martial shall be composed of officers of one corps, they shall take their ranks according to their commissions by which they are mustered in the said corps.

Art. 39. All the members of a court-martial are to behave with calmness, decency and impartiality; and, in giving of their votes, are to begin with the youngest or lowest in commission.

Art. 40. No field officer shall be tried by any person under the degree of a captain; nor shall any proceedings or trials be carried on, excepting between the hours of eight in the morning and three in the afternoon; except in cases which require an immediate example.

Art. 41. The commissioned officers of every regiment may by the appointment of their colonel or commanding officer, hold regimental courts-martial for the enquiring into such disputes or criminal matters as may come before them, and for the inflicting corporal punishments for small offenses, and shall give judgment by the majority of voices; but no sentence shall be

executed till the commanding officer (not being a member of the court-martial) shall have confirmed the same.

Art. 42. No regimental court-martial shall consist of less than five officers, excepting in cases where that number cannot be conveniently assembled, when three may be sufficient who are likewise to determine upon the sentence of the majority of voices, which sentence is to be confirmed by the commanding officer, not being a member of the court-martial.

Art. 43. Every officer commanding in any fort, castle, barrack, or elsewhere, where the corps under his command consists of detachments from different regiments, or of independent companies, may assemble courts-martial for the trial of offenders, in the same manner as if they were regimental, whose sentence is not to be executed till it shall be confirmed by the commanding officer.

Art. 44. No person whatsoever, shall use menacing words, signs or gestures, in the presence of a court-martial then sitting, or shall cause any disorder or riot, so as to disturb their proceedings, on the penalty of being punished at the discretion of the said court-martial.

Art. 45. To the end that offenders may be brought to justice, whenever any officer or soldier shall commit a crime deserving punishment, he shall by his commanding officer, if an officer, be put in arrest; if a non-commissioned officer or soldier, be imprisoned till he shall, be either tried by a court-martial, or shall be lawfully discharged by proper authority.

Art. 46. No officer or soldier who shall be put in arrest or imprisonment, shall continue in his confinement more than eight days, or till such time as a court-martial can be conveniently assembled.

Art. 47. No officer commanding a guard or provost marshal, shall refuse to receive or keep any prisoner committed to his charge, by an officer belonging to the said forces; which officer shall at the same time deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged.

Art. 48. No officer commanding a guard, or provost marshal, shall presume to release any prisoner committed to his charge, without proper authority for so doing; nor shall he suffer any

prisoner to escape, on the penalty of being punished for it, by the sentence of a general court-martial.

Art. 49. Every officer or provost marshal, to whose charge prisoners shall be committed, is hereby required, within twentyfour hours after such commitment, or as soon as he shall be relieved from his guard, to give in writing to the colonel of the regiment, to whom the prisoner belongs, (where the prisoner is confined upon the guard belonging to the said regiment, and that his offense only relates to the neglect of duty in his own corps) or to the commander in chief, their names, crimes, and the names of the officers who committed them on the penalty of being punished for his disobedience or neglect at the discretion of a general court-martial.

Art. 50. And if any officer under an arrest shall leave his confinement before he is set at liberty by the officer who confined him, or by a superior power, he shall be cashiered for it. Art. 51. Whatsoever commissioned officer shall be convicted before a general court-martial of behaving in a scandalous, infamous manner, such as is unbecoming the character of an officer and a gentleman, shall be discharged from the service.

Art. 52. All officers, conductors, gunners, matrosses, drivers, or any other persons whatsoever, receiving pay or hire, in the service of the artillery of this province, shall be governed by the aforesaid rules and articles, and shall be subject to be tried by courts-martial, in like manner with the officers and soldiers of the provincial troops.

Art. 53. For differences arising amongst themselves, or in matters relating solely to their own corps, the courts-martial may be composed of their own officers; but where a sufficient number of such officers cannot be assembled, or in matters wherein other corps are interested, the officers of artillery shall sit in courts-martial, with the officers of the other corps.

Art. 54. 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 the articles of war, are to be taken cognizance of by a general or regimental court-martial according to the nature and degree of the offense, and be punished at their discretion.

Art. 55. That no persons shall be sentenced by a court-martial to suffer death, except in the cases expressly mentioned in the foregoing articles, nor shall any punishment be inflicted at the discretion of a court-martial, other than degrading, cashiering, drumming out of the army, whipping not exceeding thirty-nine lashes, fine not exceeding two months pay of the offender; imprisonment, not exceeding one month.

Art. 56. The field officers of each and every regiment are to appoint some suitable person belonging to such regiment to receive all such fines as may arise within the same, for any breach of any of the foregoing articles, and shall direct the same to be carefully and properly applied to the relief of such sick, wounded or necessitous soldiers, as belong to such regiment; and such persons shall account with such officer for all fines received, and the application thereof.

Art. 57. All members sitting in courts-martial shall be sworn or affirmed by the president of said courts, which president shall himself be sworn or affirmed by the officer in said court next in rank. The oath or affirmation to be administered previous to their proceeding to the trial of any offender, in form fol-lowing, viz.:

"You A. B. do swear or affirm, that you will well and "truly try, and impartially determine, the cause of the "prisoner now to be tried, according to the rules for "regulating the troops of this province."

Art. 58. 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 or affirmation to be administered in the following form, viz.:

"You swear (or affirm) the evidence you shall give, in "the case now in hearing, shall be the truth, the whole "truth and nothing but the truth."

Art. 59. Every officer commanding a regiment, troop or company, shall, upon notice given to him by the commissary of the musters, or from one of his deputies, assemble the regiment, troop or company under his command, in the next convenient