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Dec. Ses. 1817
May be de-
manded by any
officer.
System of dis-
cipline to be
observed.
Judge advo-
cate may be
appointed.
Fines, how to
be recovered.
Cavalry sub-
ject to the pe-
nalties of this
act.
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ing the same to be public, or shall injure or destroy such
arms or accoutrements, of use the same for any other than milita-
ry purposes, or shall carry or convey them out of the limits of
said brigades, except when on duty, such person shall, for every
such offence, forfeit and pay ten dollars; and if such arms or ac-
coutrements shall by any of the means aforesaid be rendered use-
less or become lost, such person shall also forfeit and pay the full
value thereof as fixed by the state for arms and accoutrements
lost; and such forfeitures shall be recovered at the instance of any
commissioned officer of the brigade to which he belongs, and paid
to the paymaster of his regiment or extra battalion; the aforesaid
value to be accounted for to the corps, when ascertained, to which
such arms or accoutrements belonged, for the purpose of replacing
them.
66. And be it enacted, That whenever any of the public arms or
accoutrements shall, within the limits of said brigades, be found in
the possession of any person, (except as authorised by this act)
the same may be demanded by any commissioned officer, and if re-
fused to be delivered up, on proof of such demand and refusal be-
fore any justice of the peace, such justice shall, at the instance of
such 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 such justice that the arms or accoutrements, so claim-
ed, belong to the state, he shall order them to be delivered to such
officer, and the person holding them to pay costs, and may, if ne-
cessary, commit such person to prison, until such order be compli-
ed with; if he shall decide otherwise, such officer shall pay costs,
which shall be reimbursed out of the lines of the regiment, or ex-
tra battalion, to which he is attached, and the arms or accoutre-
ments so recovered shall be held by such regiment, or extra bat-
talion, to be delivered over to the corps, when ascertained to which
they belong.
67. And be it enacted, That the system of tactics, training and
discipline, adopted, or which may hereafter be adopted by con-
gress, for the United States army, shall be used and observed
throughout the said brigades; and if any officer shall neglect or
refuse to use, practice .and enforce such system, in part of the dis-
ciplining and training the militia under his command, he shall be
deemed guilty of disobedience of orders, and proceeded against as
the case may require.
68. And be it enacted, That the officer appointing any court mar-
tial under this act, may, if he deem it necessary, appoint a judge
advocate to such court, who shall have and exercise the powers
and duties incident to such appointment.
69. And be it enacted, That all fines imposed by this act, or aris-
ing from any of its provisions, or from the by-laws of any compa-
ny, made in pursuance of the same, shall be recovered in the name
of the state, in the like manner, and before the same persons, as
small debts are by law recovered, and when collected shall be paid
over to the persons by this act authorised to receive the same, and
the copy of the sentence of any court martial imposing fines, cer-
tified by the president of such court, shall be conclusive evidence
that the fines therein stated, have been incurred.
70. And be it enacted, That the several provisions of this act for
enforcing attendance at parades, obedience to orders, or requisi-
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