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C. J.2
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barrack, or elsewhere where the corps under his command
consists of detachments from different regiments or of inde-
pendent 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 said Commanding Officer.
Art. 40. 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 proceeding, on the penalty of being punished at the dis-
cretion of the said Court martial.
Art. 41. 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. 42. 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
assembled.
Art. 43. No Officer commanding a guard, or provost mar-
tial shall refuse to receive or keep any prisoner committed to
his charge by an Officer belonging to the Continental forces ;
which Officer shall at the same time deliver an account in
writing, signed by himself, of the crime of which the said
prisoner is charged.
Art. 44. No Officer commanding a guard, or provost mar-
tial 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. 45. Every Officer, or provost martial to whose charge
prisoners shall be committed, is hereby required, within twenty
four 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 offence only relates to the neglect of
duty in his own corps) or to the Commander in Chief, their
names, their crimes, and the names of the Officers who com-
mitted them, on the penalty of being punished for his disobe-
dience or neglect, at the discretion of a general Court martial.
Art. 46. And if any Officer under arrest shall leave his
confinement before he is set at liberty by the Officer who con-
fined him, or by a superior power, he shall be cashiered for it.
Art. 47. Whatsoever commissioned Officer shall be con-
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