MILITIA. ,

1567

commissions of officers and all such certificates shall be re-

spected by the enrolling officers commanding company districts,
as well as the courts of appeal that shall be held for the trials
of the appeals of their company officers, non-commissioned
officers and privates, as absentees from parade, from their date
and for the period for which they were given, unless they are
sooner revoked by the commanding officer of said volunteer
company, or by the governor and council, or by the cashiering

Shall be
respected.

of an officer holding the same, as the case may be : Provided,
that the person holding such commission or certificate, shall
either exhibit or transmit the same to the enrolling officer of the
district in which he resides, previous to the first parade as pre-
scribed by this act, or to any court of appeal as aforesaid, that
shall be held for said district, after he shall have received the
same : And provided, that the exemption arising from the sen-
tence of such court of appeal can only take effect for the meet-
ing they are appointed to decide upon, and for any subsequent
meeting within the year ; and the commanding officer of the
regiment in whose district such person shall reside, shall there-

Provisos.

upon cause his name to be stricken from the muster roll of the
district company in which he is enrolled, under a penalty not
exceeding twenty dollars, in the discretion of such court martial

Name
stricken off.

as the case may require ; and if any commissioned officer shall
issue such certificate to any person who is not entitled under
the provisions of this act to receive the same, he shall be
cashiered or fined not exceeding one hundred dollars, in the
discretion of such court martial as the case may require ; and
if any person shall give or receive such certificate who is not
authorized to give, or entitled to receive the same by the provi-
sions of this act, such person shall forfeit and pay the sum of
fifty dollars, which shall be recovered under the direction of
any officer discovering the same, and when collected shall be
paid over to the paymaster of the regiment to which said officer
is attached, for the use of said regiment.

Penalty for
giving
undue cer-
tificates.

SEC. 49. And be it enacted, That if any commissioned officer
shall be guilty of any breach of orders, or shall at any division,
regimental or company meetings, on any other occasion in the
execution of the provisions of this act, or when the division,
regiment or company, to which he may belong, or in or over
which he holds a command, is paraded or on duty as prescribed
by this act, or in the by-laws of any company, misbehave, de-
mean himself, or appear in an unofficer-like manner, he shall
for such offence, be cashiered, suspended, reprimanded, or fined
not exceeding one hundred dollars, in the discretion of such
court martial as the case may require ; and the proceedings of
every court martial in case of cashiering, shall be transmitted
to the Commander-in-chief for his approbation or disapproba-

Offences
and penal-
ties.