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victed before a general Court martial of behaving in a scan-
dalous, infamous manner, such as is unbecoming the character
of an Officer and a gentleman, shall be discharged from the
service.
Art. 48. All officers, conductors, gunners, ..matrosses,
drivers, or any other persons whatsoever receiving pay or hire
in the service of the Continental Artillery 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 Continental troops.
Art. 49. 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 number
sufficient 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. 50. 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 Offence, and be punished at their
discretion.
Art. 51. That no person 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 exceed-
ing thirty nine lashes, fine not exceeding two months pay of
the Offender, imprisonment not exceeding one month.
Art. 52. 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 regi-
ment; and such person shall account with such Officer for all
fines received, and the application thereof.
Art. 53. All members sitting in Courts martial shall be
sworn by the President of said Courts, which President shall
himself be sworn by the Officer in said Court next in rank ;
the oath to be administered previous to their proceeding to
the trial of any Offenders in form following, viz: " You A. B.
swear that you will well and truly try and impartially deter-
mine the cause of the Prisoner now to be tried, according to
the rules for regulating the Continental Army; So help you
God."
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