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Dec. Ses. 1817
Officers not to
do duty while
under arrest.
Written notice
of place of pa-
rade to be giv-
en to brigade-
major.
Adjutant's du-
ty.
Extra batta-
lion staff.
Militia may be
kept under
arms 6 hours.
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48. And be it enacted, That no commissioned officer, charged
with any violation of this act, for which he might he cashiered, shall
be suffered to do duty in the brigade, regiment, extra battalion, or
company, to which he belongs, nor to resign his commission whilst
under such charge, until he has had his trial by a court-martial;
and every person so charged, shall be tried as soon as a court-
martial can conveniently be assembled, and shall be furnished by his
brigade inspector, adjutant of his regiment, or other person, as
the case may require, with a ropy of the charges exhibited against
him, at least ten days before his trial; and in case any delinquent,
being duly notified of the time and place of meeting of any such
court martial, who shall refuse or neglect to attend, the said court
martial is authorised and empowered to proceed to the trial of such
delinquent, in the same manner as if he were personally present.
49. And be it enacted, That the commanding officer of each regi-
ment and extra battalion shall, under a penalty not exceeding fifty
dollars, to be imposed by such court martial as the case may re-
quire, notify in writing, the brigade inspector of his brigade, or
cause such notice to be left at his residence, of the place of his re-
giment or extra battalion parade, as established by this act, at
least three days previous thereto; and it shall be the duty of the
brigade inspectors respectively, to attend said meetings, and inspect
the said regiments and extra battalion; or if prevented from at-
tending by sickness, or some such sufficient excuse, oilier than bu-
siness, he shall appoint such officer of the brigade as will execute
said duties; and for the purpose, of making the return herein after
directed, the commanding officer of each regiment and extra batta-
lion shall, within ten days after such inspection, make return to
the said inspector of all arms and accoutrements, the property of
the state, designating such as are fit for service, and also of all
private arms and accoutrements, and the, companies and corps by
which they are held, and the commanding officers of companies
shall make, such reports as the commanding officers aforesaid may
require for said purpose; and the said brigade, inspectors shall
respectively, on or before the first of December thereafter, make
a consolidated return thereof to the adjutant general of the
state; and the said inspectors shall respectively attend the. briga-
dier generals, when required, to receive and execute all orders ne-
cessary to carry into effect the provisions of this act: and if any
officer shall neglect or refuse to execute any of the duties herein
prescribed, he shall be fined not exceeding one hundred dollars, in
the discretion of such court martini as the case may require.
50. And be it enacted, That it shall be the duty of the adjutant
of each regiment and extra battalion, to attend all meetings as di-
rected by this act, and execute the orders of the commanding offi-
cers, necessary to carry into effect the provisions thereof, and upon
refusal op neglect, to he subject to a fine not exceeding fifty dollars,
in the discretion of such court martial as the case may require.
51. And be it enacted, That the same number of staff officers shall
be commissioned by the governor and council, for an extra battali-
on, as heretofore authorised for a regiment.
52. And be it enacted, That the militia on any day of exercise, sis
established by this act, may be detained under arms in the field
any time not exceeding six hours, provided they are not kept above
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