152

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

Proceedings
to recover
arms impro-
perly held.

when ascertained by which such arms or accoutrements were held for
the purpose of replacing or repairing the same,
74. And be it enacted, That whenever any of the public arms
or accoutrements shall within the limits of the said division lie found
in the possession of any person, except as authorised by this act, the
same may be demanded by any commissioned officer, and if refused
to be delivered up, on proof of such demand and refusal, before any
justice of the peace, said justice shall at the instance of said officer
by warrant in the name of the state, cause the person to be brought
before him and examine into the facts, and upon its appearing to
said justice that the arms or accoutrements so claimed belong to the
state, he shall order them to be delivered to said officer, and the per-
son holding them to pay costs, and may if necessary commit said
person to prison until said order is complied with, and if he shall de-
cide otherwise, said officer shall pay costs, which shall be reimbursed
out of the fines of the regiment to which he is attached, and the
arms or accoutrements so recovered shall be delivered to the com-
manding officer of the regiment to which said officer belongs to be
delivered to the corps when ascertained by which they were held,
and if any officer shall neglect or refuse to comply with the duties re-
quired of him by this section, he shall be fined a sum not. exceeding
twenty dollars, in the discretion of such court martial as the case
may require.

United
States disci-
pline adop-
ted.

75. And be it enacted, That the system of tactics, training and
discipline adopted, or which may hereafter be adopted by Congress
for the United States army shall be used and observed throughout the
said division, and if any officer shall neglect, or refuse to use, practise
and enforce such system in part of the disciplining and training the
militia under his command, he shall be cashiered or fined a sum not
exceeding one hundred dollars, in the discretion of such court martial
as the case may require.

Judge Ad-
vocate.

76. And be it enacted, That the officer appointing any court mar-
tial or other court, created under the provisions of this act may if he
deems it necessary, appoint a judge advocate or recorder to such
court, who shall have and exercise the powers and duties incident to
said appointment.

General issue.

77. And be it enacted, That if any suit or action shall be brought
or commenced against any person or persons, for any thing done in
the execution of the provisions of this act, the defendant or defen-
dants may plead the general issue, and give this act and the special
matter in evidence.

Persons ex-
empt; how
ascertained.

78. And be it enacted, That nothing in this act shall be so constru-
ed as to subject to the payment of any fine for not attending any of
the meetings as prescribed by this act, any person not liable to per-
form militia duty under the laws of this state, or of the United States;
Provided, That the person so exempt shall prove the same to the sa-
tisfaction of the enroling officer of the district in which he resides,
previous to the first parade as prescribed by this act, or to any court

Regulation.

of appeal that shall be held for the trial of the appeals of the compa-
ny, of the officers, non commissioned officers and privates as absen-
tees from parade, for said district, after he may have been enroled in
the same, or after he may become so exempt from age or other cause,
and provided that the exemption arising from the sentence of such,
court of appeal can only take effect for the meeting they are appoint-
ed to decide upon and for any subsequent meeting within the year,