144

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

known to the Governor and Council as soon thereafter as conveni-
ently may be; and if any officer shall absent himself from the parades
as prescribed by this act for the period of two years, the officers
competent to order a court martial for the trial of said officer for
any violation of the provisions of this act, except such as arise from
absence from parade; shall upon such information being lodged with
him, forthwith order a court martial for the trial of said officer, and
if the said court shall find the said officer guilty of such charge, and
shall give it as their opinion that he ought to be removed from his
command, the officer ordering said court shall without delay trans-
mit the proceedings thereof to the Governor and Council, who shall
thereupon revoke the commission of the officer absent as aforesaid;
and if any officer shall neglect or refine to comply with any of the
provisions of this section as required of him he shall be fined a sum
not exceeding fifty dollars, in the discretion of such court martial as
the case may require.

Militiamen
re-moving join-
ing uniform
company.

52. And be it enacted, That if any militia man shall remove out of
the district in which he was originally enrolled into another district
or shall become a member of an uniformed volunteer company, he
shall be subject to all the fines and forfeitures which shall be incurred
in the district where first enrolled, until he produces to the command-
ing officer of said district or to the court of appeal for the same as
established under this act, a certificate from the commanding officer
of the district into which he shall have so removed or from the
commanding officer of said volunteer company, stating that he
has been enrolled in said district or volunteer company; and no
person shall be permitted to leave his company except in cases
aforesaid, or unless he shall remove out of the limits of said di-

Penalty for
leaving his
company.

vision, or unless commissioned in some other corps, without the
consent of his commanding officer, under a penalty not exceeding
twenty dollars, in the discretion of such court martial as the case
may require.

Resignations.

53. And be it enacted, That the resignation of the major general
shall be made to the commander in chief; that the resignation of bri-
gadier generals and division staff officers, shall be made through the
major general of the division; that the resignation of regimental field
officers and brigade stiff officers shall be made through their respec-
tive brigadier generals; and the resignations of company and regi-
mental staff officers through their respective commanding officers of
regiments, and at least sixty days previous to any day of parade as
prescribed by this act, except in case of removal or where the resig-
nation is sooner accepted by the officer authorised as aforesaid to re-
ceive the same; and otherwise no officer shall be considered as having
resigned; and the officer as aforesaid shall within ten days after ac-
cepting such resignation transmit a notice thereof to the Governor
and Council under a penalty not exceeding twenty dollars, in the dis-
cretion of such court martial as the case may require.

Commission-
ed officers to
qualify.

Certificate.
Oaths.

54. And be it enacted, That no person shall be commissioned un-
der this act, unless he shall be a citizen of the United States and of
this State; and each commissioned officer already appointed who may
have neglected to take the oaths required of him or to have them en-
dorsed on his commission, or a certificate that he had taken the same
so endorsed, shall forthwith take the several oaths prescribed by the
constitution of this state, and also take the following oath or affirma-
tion, I, A, B, do swear or affirm as the case may be, that I will be