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shall also direct the brigade inspector to give the person complained of, at least eight days previous notice of the time and place of the meeting of any such court-martial, together with a copy of the charges exhibited against him.

Art. 17th. If any non-commissioned officer or private shall think himself injured by his captain or other superior in the battalion, troop or company, to which he belongs, he may complain to the commanding officer of the regiment, who shall cause his adjutant to summon a regimental court-martial, for doing justice according to the nature of the case.

Art. 18th. The party tried by a general courtmartial, shall be entitled to a copy of the sentence and proceedings of such court-martial, after the decision on the sentence, upon demand thereof made by himself or any person or persons in his behalf, whether such sentence be approved or not.

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tial, its pow.

Art. 19th. No penalty shall be inflicted at the court-mardiscretion of a court-martial, other than degrad- er. ing, cashiering or fining.

Art. 20th. The commanding officer for the time being, shall have full power of pardoning or mitigating any censures or penalties so ordered to be inflicted on any private or non

of pardons

and mitiga.

tion of fines,

etc.

Commissioned off

having, etc., how pro

ceeded

against.

commissioned officer, for the breach of any of these articles, by a general court-martial, and every offender convicted as aforesaid, by any regimental court-martial, may be pardoned or have the penalty mitigated by the lieutenant colonel or commanding officer of the regiment, excepting only where such censures or penalties are directed as satisfaction for injuries received by an officer or private from another; but in case of officers, such sentence to be approved of by the commander in chief of the militia, who is empowered to pardon or mitigate such sentence, or disapprove of the same.

Art. 21st. If any commissioned officer shall, cers misbe at any time or upon any occasion, behave in an unofficer-like or ungentlemanly manner, the commander in chief, if the person accused be a major general; the general of division, if a brigadier general; the brigadier general, if a field officer, or the lieutenant colonel or commanding officer of a regiment, if an inferior officer, as the case may be, upon the application of a commissioned officer, may appoint a board of the officers to enquire into the matter of complaint, and if upon their report it shall appear to him deserving of trial, then and in such case, he shall direct a court-martial, whose proceedings here

in shall have the same effect as if the offense had been committed when on actual duty.

parade,

Art. 22d. The militia on the days of training, Hours of may be detained under arms, on duty in the field, etc. any time not exceeding six hours: Provided, they are not kept above three hours under arms at any one time, without being allowed to refresh themselves.

Art. 23d. All fines that shall be incurred by any breach of these rules, shall be paid to the paymaster of the regiment in which the offender resides (whose receipt shall be a discharge for the same) within sixty days after they become due, but in case of neglect or refusal to pay any of the said fines, they shall be levied and collected in manner herein before directed.

Fines paid master of ment, etc.

to the pay

the regi

tual service

Militia in acsubject to etc. of the army.

the rules,

federal

Art. 24th. The militia of this state, whilst in actual service, shall be subject to the same rules and regulations as the federal army, and shall receive the same pay and rations as is allowed by the United States to the militia, when in actual service: Provided, That upon any trans- Proviso. gression or offense of a militia man, whether officer or private, against the rules and regulations of the federal army, the cause shall be tried

Rules of discipline es

tablished by

congress,

29th March,

1779, to be observed,

and determined by a court-martial of the militia of this state, if the same can be convened.

Art. 25th. The rules of discipline approved and established by congress, in their resolution of the twenty-ninth of March, one thousand seven hundred and seventy-nine, shall be observed by the militia throughout this state, except such deviations from said rules as may be rendered necessary, by the requisitions of the acts of congress, or some other unavoidable circumstances, it shall be the duty of the commanding officer, at every training, whether by regimental, battalion or single company, to cause the militia to be exercised and trained, agreeably and baron to the said rules of discipline and the instrucinstructions, tions laid down by the baron Steuben, and annexed to the said rules of discipline, pointing out the respective duties of the officers, noncommissioned officers and privates, are recommended and enjoined upon the militia of this state, as particularly and fully as if the said instructions were repeated and expressed in this act at length; and it shall be the duty of every captain to instruct his non-commissioned officers accordingly.

Steuben's

etc.

On a call for

a tour of du

tice, etc.

Art. 26th. If any militia man, on receiving ty, what no- three days previous notice thereof, shall neglect or refuse to be in readiness to march on any tour of duty, armed and equipped as required

neglect.

by this act, he shall forfeit and pay a sum not Penalty for more than one hundred dollars nor less than eight dollars, for every month he is required by law to serve on such tour, to be assessed, (on proper proof thereof made) by a regimental court-martial: Provided always, That if any Provise. militia man shall be sick or make any other just or satisfactory excuse to the court-martial, such fine shall not be assessed, but such militia man shall be obliged to perform a tour of duty on the next call of the militia.

clause.

Sec. 54. And be it further enacted, That all Repealing laws and parts of laws, heretofore made for the regulation of the militia, shall be and the same are hereby repealed.

ELIAS LANGHAM,

Speaker of the house of representatives.

DANIEL SYMMES,

Speaker pro tem. of the senate.

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