B E N J A M IN O G L E, ESQUIRE, GOVERNOR.

1798.

II. BE IT ENACTED, by the General Affembly of Maryland, That it fhall and may be lawful for the
chancellor, upon the petition of the faid John Eversfield, Sufannah Eversfield, Thomas Mundell
and Virlinda his wife, and Anne Eleanor Eversfield, to inquire into the circumftances above
ftated, and if he fhall be of opinion that an exchange of the faid lands between the faid John
Eversfield and the other reprefentatives of the faid Matthew Eversfield will be for the advan-
tage and benefit of the minors, he may decree the fame to be done.

C H A P.
XCIX.

Chancellor to
inquire, &c.

III. AND BE IT ENACTED, That if the chancellor fhall decree an exchange of the faid lands
between the faid John Eversfield and the other reprefentatives or the faid Matthew Eversfield,
that the aforefaid Edward Botelar, or any other perfon who may have the legal eftate in the land
aforefaid of which the faid Matthew Eversfield died inteftate, may convey the fame to the afore-
faid John Eversfield, and his heirs, for ever, and all the right, title, intereft or claim, of the
faid reprefentatives, or of any of them, fhall thereafter be veiled in the faid John Eversfield, and
his heirs, for ever: provided, that the faid John Eversfield, before the conveyance as aforefaid,
fhall execute a deed of bargain and fale to the other reprefentatives of the faid Matthew Evers-
field, in which he fhall convey to them, and their heirs, as tenants in common, and not as joint
tenants, all the land of which he is tenant in tail, and all other land of which he is feized that
adjoins the entailed land aforefaid; and provided alfo, that the faid John Eversfield fhall releafe
to the aforefaid reprefentatives, and their heirs, as tenants in common, and not as joint tenants,
all his right, title, intereft and claim, as one of the reprefentatives of the faid Matthew Evers-
field, to the lands aforefaid, of which the faid Matthew Eversfield died inteftate.

If he fhall de-
cree, land may
be conveyed,
&c.

C H A P. C.
A Supplement to the act, entitled, An act to regulate and difcipline the militia
of this ftate.

BE IT ENACTED, by the General Affembly of Maryland, That if any perfon, whofe duty it fhall
be to meet and mufter under the provifions of this act, or the act to which this is a fupple-
ment, fhall not attend on any day of meeting prefcribed by any officer authorifed to require the
fame, or attending, fhall refufe to do the duties of his ftation at fuch meeting, fuch perfon, if a
non-commiffioned officer or private, fhall, at the difcretion of a company court-martial; to be
appointed as herein after directed, be fined a fum not lefs than feventy-five cents, nor exceeding
five dollars; and if a commiffioned officer fhall refufe or neglect to attend at any company, batta-
lion or regimental meeting, he fhall be fined, at the difcretion of a regimental court-martial, not
lefs than five dollars, nor more than fifty dollars.

II. AND BE IT ENACTED, That the captain, or other commanding officer of each company,
fhall appoint the non-commiffioned officers of his company, and if any perfon, fo appointed fhall
accept, and neglect to do the duties annexed to his appointment, or refufe or neglect to obey the
orders of his fuperior officers, he fhall forfeit and pay a fum not exceeding ten dollars, in the
difcretion of the commiffioned officers of the company, without a fufficicnt excufe for his refufal
or neglect.

III. AND BE IT ENACTED, That in all cafes where fuch fine or fines may be incurred in con-
fequence of non-attendance, or otherwife, the court-martial fhall, at the next meeting day of the
company, and at the place of fuch meeting, proceed to hear and determine on the excufes of
every fuch delinquent, and if fuch delinquent fhall, on fuch hearing, be adjudged liable to a fine,
or if fuch perfon fhall not attend on notice, without a good excufe for faid neglect, and there-
upon be confidered liable to a fine, the captain, or other officer, (as the cafe may be,) commanding

the faid company, fhall, within two months thereafter, make return of faid fines fo impofed and
remaining unpaid, to the lieutenant-colonel commanding the regiment, or commanders of extra
battalions; and if any captain or other commanding officer as aforefaid fhall neglect or refufe as
aforefaid, he fhall forfeit and pay the fum of ten dollars, and the lieutenant-colonel or command-
er of an extra battalion fhall place fuch fine in the lift to be delivered to the fheriff and the fame
fhall be collected by him, and paid over and applied as other fines are to be collected, paid over
and applied, under this act.

Paffed Jan. 19.

Penalty for not
attending, &c.

Captain to ap-

point the non-

commiffioned

officers; &c.

Court-martial
to hear excufes,

&c.

IV. AND BE IT ENACTED, That all officers removing out of the county, or, if a general officer,
out of his diftrict, with an intention of making a permanent refidence, fhall, on fuch removal,
be deemed to have refigned his commiffion; and it fhall be the duty of every officer commanding
a regiment, or extra battalion, to make known any vacancy which may take place as foon as
convenient after fuch vacancy fhall happen, to the brigadier, or officer commanding the brigade,
who is hereby required to report the fame to the adjutant-general as foon as may be thereafter.

Officers re-
moving deemed
to have refign-
ed, &c.

V. AND BE IT ENACTED, That the following articles, rules and regulations, fhall be thofe by
which the militia of this ftate fhall be governed.
ARTICLE I. If any field or other commiffioned officer, at any regimental, battalion or company
meeting, or any other occafion when the regiment, battalion or company, to which he may
belong or in which he holds a command, is paraded, fhall appear, mifbehave, or demean himfelf
in an unofficer-like manner, he fhall, for fuch offence, be cafhiered, or punifhed by fine, at the
difcretion of a court-martial, as the cafe may require, in any fum not exceeding fifty dollars,
nor lefs than five dollars; that for offences againft the militia law of this ftate; all company offi-
cers fhall be tried by a regimental court-martial, but in cafes of cafhiering, they may have an
appeal to a brigade court-martial; all field and ftaff-officers fhall be tried by a brigade court-mar-
tial, and all general officers fhall be tried, by a divifion or general court-martial; and that the
proceedings of every court-martial, in cafe of fentence for cafhiering, be tranfmitted to the
commander in chief to approve or difapprove of; and if any non-commiffioned officer or private

fhall, on any occafion of parading the company to which he belongs, appear drunk, or fhall dif-
obey orders, or ufe any reproachful or abufive language to his officers, or any of them, or fhall

Articles for the
government of
the militia.