[1775. OF THE PROVINCE OF MARYLAND. 23

excuse shall appear at the time and place of muster, and there do
and perform his duty according to his office and station; and for
every neglect or refusal, he shall be fined a sum not exceeding fif-
teen shillings common money, to be adjudged if a field officer, by
the other field officers present, or a majority of them; and if a
commissioned officer, below the rank of a field officer, by the other
commissioned officers present, or the major part of them.

That every non-commissioned officer and private of the minute
men and militia appear at the time and place appointed for their re-
spective appearance, for mustering, with his firelock and other ac-
coutrements in good order, and there orderly, diligently, and obe-
diently attend to instruction, and perform his exercise in arms, ac-
cording to the commands and orders of his officers, and if any min-
ute or militia man shall not appear at the time and place of muster
with his firelock and other accoutrements in good order, having no
reasonable excuse, or shall not there, after appearance, behave him-
self decently, and in a manner suitable to the attention and care
requisite in such exercise, he shall forfeit and pay a sum not ex-
ceeding five shillings common money for every such neglect or
misbehaviour, which shall be determined by the captain, lieutenants
and ensign, or any two of them, either on their own view, or on
representation and proof thereof, and on non-payment shall be
committed to the custody of the sergeant of his company till pay-
ment.

That if complaint shall be made of gross misbehaviour, or breach
of duty of any commissioned officer, by any committee of observa-
tion, or any two commissioned officers of the corps or company to
which such officer, against whom complaint shall be made, doth
belong, or by any one officer of superior or equal rank to the officer
complained against, then the council of safety may appoint a court
martial, to consist of not less than five, nor more than nine of the
commissioned officers, of the same corps or county, who, or a ma-
jority of whom, shall hear, try, determine, and give sentence on
such offence, so that the same sentence extend not further than to
a pecuniary fine, not exceeding ten pounds common money, or to a
public and solemn acknowledgment of the fault of the offending
officer, or to a suspension or loss of his military commission; which
sentence being transmitted to, and approved by the council of safe-
ty, shall be accordingly executed.

That all fines on officers of inferior rank to a field officer, and
also on non-commissioned officers and privates, shall be to the use
of the company to which such person belongs, and that all fines
on field officers to be to the use of the battalion to which they re-
spectively belong.