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U. H. J.
Liber No. 35
May 2
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Commissary's having made such Oath, and for every Neglect in the
Commissary to make out such Muster Rolls, and to make such Oath
he shall forfeit the Sum of fifty Pounds Current Money and when
it shall happen to be out of the Power of the Captain or Officer,
commanding any Company to make the whole Company appear
before the Commissary, on Account of the Company's being divided
and posted at different Places, or ranging in different Parts then
and in such Case the Commissary is to distinguish the names of
such as are absent, at the Time of taking the Muster and to require
Certificates of the Officer commanding the Company, in which Cer-
tificates shall be expressed, or specified the Reason of such Officer
or Soldiers being absent, whether he be on Detachment, or other
Duty, sick, recruiting or on ffurlough and how long he has been
absent on such Account, and if any Soldier shall have died deserted
or enlisted, or have been discharged since the last Muster, then oppo-
site to their Names shall be notified, and it shall be specified in the
said Certificates, when they died, deserted, enlisted, or were dis-
charged respectively, and 'till the Captain, or Officer commanding the
Company shall have given such particular Certificates as are above
mentioned the Commissary is not to enter in the Roll the Names of
any Officers, or Men besides such as actually muster and appear
before him, and to deter the Officers from giving false Certificates.
Be it further Enacted by the Authority aforesaid that all Certifi-
cates shall be returned to the Agents, with the Muster Rolls and if
any Officer shall make, or give, or procure to be made or given, any
false or untrue Certificates such Officer shall upon the Oaths of two
Witnesses be forthwith cashiered; and for every such Offence, shall
forfeit the Sum of one hundred Pounds Currency, and be more-
over disabled to have or hold any military or civil Office, within
this Province. And be it further Enacted that the Commissioners
shall always close the Muster Roll of each Company upon the Place
where & the Day when the Muster is taken, and the two eldest Officers
of the Company if so many shall be present shall with the Com-
missary subscribe the said Muster Rolls, and if the Commissary, or
any Officer shall wittingly, or willingly sign, a false or untrue Muster
Roll; they and each of them shall for such Offence upon proof made,
thereof by two Witnesses forfeit the Sum of one hundred Pounds
Currency, and be rendred incapable of holding any military, or civil
Office or Fmployment within this Province, and if any Officer
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p. 176
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having received a Soldier's Pay shall detain, or withold the same,
or any Part thereof by the Space of a Fortnight after such Pay
shall be by him, received, unless such Soldier shall be on Furlough,
and then if the Officer detains it a Week, after the Expiration of the
Fortnight, and Return of the Soldier to his Duty, such Officer so
offending shall upon Proof made thereof before a General Court
Martial forfeit fifty Pounds Current Money, and be cashiered, and
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