142

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823
Penalty.

visions of this act, if a company or regimental staff officer, he shall be
fined a sum not exceeding twenty dollars, in the discretion of such
count martial as the case may require; and if a generator regimental
field officer, or division, or brigade staff officers, he shall be fined a
sum not exceeding fifty dollars, in the discretion of such court martial
as the case may require; and if any officer shall thereafter continue
such neglect he shall be liable to be cashiered at any time by such
court martial as the case may require.

Non-com-
missioned of-
ficers appoint-
ment.

Penalty for
not serving.

47. And be it enacted, That the commanding officer of each com-
pany shall appoint and dismiss at his pleasure his non-commissioned
officers; and if any person so appointed and having accepted such ap-
pointment, shall neglect or refuse to obey the orders of his superior
officers in executing the provisions of this act, he shall forfeit and pay
a sum not exceeding ten dollars, in the discretion of such court mar-
tial as the case may require.

Certificates
of volunteers.

48. And be it enacted, That all certificates of membership issued by
the commanding officer of an uniformed volunteer company, be sign-
ed by the said commanding officer and one of his commissioned offi-
cers, and the said commanding officer shall cause said certificate to be
delivered on or before the first day of March, in each year, to such
persons as may then compose his company, and to such as may join
thereafter, upon the day of his or their becoming members; and if the
said commanding officer shall neglect or refuse to comply therewith,
he shall be fined a sum not exceeding fifty dollars, in the discretion
of such court martial as the case may require; and the commissions

Shall be res-
pected.

of officers and all such certificates shall be respected by the enrolling
officers commanding company districts, as well as the courts of ap-
peal that shall be held for the trials of the appeals of their company
officers, non-commissioned officers and privates, as absentees from pa-
radc, from their date and for the period for which they were given
unless they are sooner revoked by the commanding officer of said vol-
unteer company, or by the Governor and Council, or by the cashier

Proviso.

ing of an officer holding the same, as the case may be: Provided, that
the person holding such commission or certificate, shall either ex-
hibit or transmit the same to the enrolling officer of the district in
which he resides, previous to the first parade as prescribed by this act,
or to any court of appeal as aforesaid, that shall be held for said dis-

Provided.

trict, after he shall have received the same: And provided, that the
exemption arising from the sentence of such court of appeal can only
take effect for the meeting 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-

Name stric-
ken off.

upon cause his name to be striken from the muster roll of the district
company in which he is enrolled, under a penalty not exceeding twen-
ty dollars, in the discretion of such court martial as the case may re-

Penalty for
giving undue
certificates.

quire; and if any commissioned officer shall issue such certificate to
any person who is not entitled under the provisions of this act to re-
ceive the same, he shall be cashiered or fined not exceeding one hun-
dred 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 authorised 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