|
Dec. Ses. 1817
By-standers
may be punish-
ed for offend-
ing, &c.
Officers, &c.
removing.
|
scribed in this act, or in the by-laws of any company, shall misbe-
have, demean himself, or appear in an unofficer like manner, he
shall, for such offence, be cashiered, suspended, reprimanded, or
punished by fine, in the discretion of such court martial as the
case may require, not exceeding one hundred dollars, nor less than
five dollars; and that the proceedings of every court martial in
case of cashiering, shall be transmitted to the commander in chief
for his approbation or disapprobation; and if any non-commission-
ed officer, private or musician, shall at the time of parading the
company, (as directed by this act, or in the by-laws of the compa-
ny to which he belongs) appear drunk, or disobey orders, or use
any reproachful, insulting, or abusive language, to his officers, or
any of them, or shall quarrel himself, or promote any quarrel
among his fellow soldiers, or interrupt them in the discharge of
their duty, he may be disarmed, and put under guard, by order of
the commanding officer, until the company is dismissed, and shall
be fined, at the discretion of such court martial as the case may
require, a sum not exceeding twenty dollars; and if on field days,
or when the brigade, regiment, or extra battalion, is paraded, any
non-commissioned officer, private or musician, shall use any re-
proachful or insulting language to the commanding officer, oppose
his orders, or promote an opposition to such orders among his fel-
low soldiers, he shall be disarmed and put under guard during such
parade, and he shall be tried by a court-martial, chosen by the
commanding officer, consisting of three commissioned officers, at-
tached to the regiment or extra battalion to which such offender
belongs, and he shall be fined a sum not exceeding fifty dollars, in
the discretion of said court.
43. And be it enacted, That if any by-stander shall interrupt,
molest or insult, any officer or soldier while on duty, at any time
as required by this act or by the by-laws of any company, the
commanding officer, at the time of such offence, may cause the of-
fender to be confined for the day, and he shall also be fined not ex-
ceeding fifty dollars, in the discretion of a court martial to be ap-
pointed by such officer, to consist of three members, one of whom
at least shall be a commissioned officer, which court shall proceed
on such trial in the like manner as other courts martial for imposing
fines under this act, and if the like, misconduct shall take place
before any court of inquiry, or court-martial, towards any officer
or soldier, or other person required to attend such court, or to-
wards such court, or any member thereof, the said court of inqui-
ry, or court martial, may cause such offender to be confined for
the day, and may fine, him not exceeding fifty dollars; and the re-
turns therefor for collection shall be made as other fines imposed
by such courts.
44. And be it enacted, That any commanding officer removing
out of the limits of the city of Baltimore, or if a cavalry or field
officer, or brigadier general, out of the county, with an intention
of making a permanent change of his residence, shall on such re-
moval be deemed to have resigned his commission; and it shall be
the duty of the commanding officer of the regiment, or extra bat-
talion, to which he belonged, or the major general of his division,
in case of such removal of a brigadier general, to make such va-
cancy known to the governor and council as soon thereafter as
|
