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his brigade has not such complement, he shall investigate, or cause
the fact to be investigated; and if it shall be established to his sa-
tisfaction that, said company has not the requisite number of men,
he shall forthwith report the same to the governor and council, who
shall thereupon revoke the. commissions of said company; and the
commanding officers of the regiment, or extra battalion, to which,
such company was attached, shall within ten days alter such revo-
cation, transmit a list of the names of the members of said compa-
ny to each of the commanding officers of the regimental districts
within the brigades, who shall forthwith cause the same to be deli-
vered to their respective officers commanding company districts,
with an order to enrol such as reside within their district; and if
cither of the said officers shall neglect or refuse to comply with the
provisions of this section, he shall be fined, not exceeding fifty dol-
lars, in the discretion of such court martial as the case may require;
and no cavalry uniformed company shall consist of more than sixty
men; no rifle uniformed volunteer company shall consist of more
than one hundred men; no artillery uniformed volunteer company
of more than ninety men; and no infantry uniformed volunteer com-
pany of more than one hundred men, exclusive of the commissioned
officers of each.
40. And be it enacted, That all certificates of membership issued
by the commanding officers of uniformed volunteer companies shall
be signed by the said commanding officer and one of his commission-
ed officers, and said certificates shall be delivered on or before the
first day of March in each year to such persons as may then com-
pose his company, and to such as may join thereafter, upon the day
of their becoming members, and all such certificates shall be res-
pected by the officers commanding company districts, as well as all
courts martial held fur the trial of absentees from parade from their
date, and for the period for which they were given, unless sooner
revoked by the commanding officer of said company; and if any
commissioned officer shall issue such certificate to tiny person, who
is not entitled under the provisions of this act to receive the same,
he shall be cashiered or fined not exceeding one hundred dollars, in
the discretion of such court martial as the case may require; and if,
any person shall give such certificate, who is not authorised to do
so by the provisions of this act, such person shall forfeit and pay
the sum of fifty dollars, the recovery of which shall be directed by
any officer discovering the same. .
41. And be it enacted, That the commanding officer of each com-
pany shall appoint and dismiss, at his pleasure, his non-commis-
sioned officers, and if any person so appointed, having accepted of
such appointment, shall neglect to do the duties thereof, or refuse
or neglect to obey the orders of his superior officers, he shall for-
feit and pay a sum not less than one dollar nor exceeding ten dol-
lars, in the discretion of such court martial as the case may re-
quire.
42. And be it enacted, That if any field or other commissioned
officer shall be guilty of any breach of orders, or shall at any
brigade, regimental, extra battalion, battalion, or company meet-
ing, or on any other occasion when the brigade, regiment, extra
battalion, battalion or company, to which he may belong, or in or
over which he holds a command, is paraded, or on duty, as pre-
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Dec. Ses. 1817
Certificates of
membership
Non-commis-
sioned officers
to be appointed
Punishment
for officers mis-
behaving, &c.
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