1574

BALTIMORE CITY.

pleted, and if it shall appear to said officers, or a majority of
them, that the said commanding officer or paymaster of said re-
giment has failed to comply with any of the provisions of this
act as required of him, and as contemplated by this section,
they shall without delay report the same to the officer com-
petent to order such court martial as the case may require; and
it shall be the duty of said officer forthwith to order such court,
which shall have power to cashier or fine the delinquent as

Penalties.

aforesaid a sum not exceeding five hundred dollars if he should
be found guilty of having made any dishonest or improper use
of the money belonging to the regiment as aforesaid, and if any
officer shall neglect or refuse to comply with any of the duties
required of him by this section he shall be fined a sum not ex-
ceeding one hundred dollars, in the discretion of such court
martial as the case may require.

Recovery
of fines.

SEC. 65. And be U enacted, That if any sum or sums of mo-
ney collected under or by virtue of the provisions of this act,
be not paid over conformably thereto, the same shall and may
be recovered by action of debt in Baltimore county court, in the
name of the state, for the use of the regiment for whose benefit
the same was collected, and it shall be the duty of said court to
render judgment at the first term after action brought, and from
such judgment there shall be no appeal.

Brigade
expenses.

SEC. 66. And be it enacted. That the necessary expenses of
each of the said brigades, accruing under the provisions of this
act, shall be paid in equal portions by the regiments composing
the same, by written orders from the several commanding offi-
cers on their respective paymasters.

Brevet

officers.

SEC. 67. And be it enacted. That the commanding officer of
any regiment may, on any vacancy occurring in his staff, brevet
any person to fill said vacancy, or he may appoint a brevet
officer to any company of his regiment which may be without
company officers, in consequence of death, resignation, disqua-
lification or other cause ; Provided, that the said commanding
officer shall immediately thereafter notify the governor and
council of the same, and such brevet officer shall have and ex-
ercise all the powers incident to his office in as full and ample a
manner as if he was commissioned, until he shall be super-
seded by a commissioned officer.

Grade of
officer*.

SEC.68. And be it enacted, That all staff officers shall rank
agreeably to the regulations of the army of the United States,
and may be taken from the line without impairing their rights
in the same.

Band of
music.

SEC. 69. And be it enacted, That it shall and may be lawful
for the commanding officer of each regiment, to form and orga-
nize a band of musicians for his regiment, and to prescribe and
alter whenever it shall appear to him proper, the uniforms of