148

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

any of the provisions of this act as required of him, and as contem-
plated by this section, they shall without delay report the same to the
officer competent 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 aforesaid

Penalties.

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

Recovery
of fines.

65. And be it enacted, That if any sum or sums of money collected
under or by virtue of the provisions of this art be not paid over con-
formably 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 ex-
pences.

66. And be it enacted, That the necessary expenses of each of the
said brigades accruing under the provisions of this act, shall he paid
in equal portions by the regiments composing the same, by written or-
ders from the several commanding officers on their respective pay-
masters.

Brevet offi-
cers.

67. And be it enacted, That the commanding officer of any regi-
ment 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 conse-
quence of death, resignation, disqualification or other cause;—Pro-
vided, that he said commanding officer shall immediately thereafter,
notify the Governor and Council of the same, and such brevet officer
shall have and exercise all the powers incident to his office in as full
and ample a manner as if he was commissioned, until he shall be su-
perseded by a commissioned officer.

Grade of of-
ficers.

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

Band of mu-

sic.

69. And be it enacted, That it shall and may be lawful for the
commanding officer of each regiment to form and organise a band of
musicians for his regiment, and to prescribe and alter whenever it
shall appear to him proper, the uniforms of the same, and each and
every person belonging to said organised band of musicians shall be
under the command and direction of the said commanding officer,
and shall perform the duty of musicians in said regiment instead of
serving as privates therein; and at the division review and regimen-
tal parades as directed by this act, the commanding officer as afore-
said shall cause the names of said musicians to be called over, and a
list of absentees to be returned to him within three days after each of
said meetings, which shall in like manner, and at the same time as is
prescribed in this act for other absentees be handed over to the court
of appeal for the trial of the appeals of company officers, non commis-
sioned officers and privates as absentees from parade; and in case any
of them should neglect or refuse to appear at such meetings when
warned, with their instruments of music, they shall be liable to such
fines and forfeitures, to be remitted or collected and distributed in
the same manner as is provided tor in the case of non commissioned