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Post of

and their compa.

nies.

the time appointed for muster, directed to one or more non-commissioned officer or officers, private or privates by him specially appointed, requiring him or them to warn the men of said company, either in general or in districts to be by him assigned, to assemble at the time and place appointed therein, equipped according to law: and the warning officer aforesaid shall warn the men as aforesaid, either by personal notice or by leaving notice in writing at their usual places of abode, six days before the time of muster, and shall return his warrant with the name of every man so warned to the said commanding officer one day before the day of assembling as aforesaid.

SEC. 11. And be it further enacted, That the commanding captains officers of the several companies of militia shall take post according to the dates of their respective commissions, and that their companies shall take post with them in the same station when on parade; and all independent companies which shall belong to any regiment of militia shall take post according to the date of their respective charters, and shall be commanded by their own officers.

Non-com

officers,

SEC. 12. And be it further enacted, That every nonmissioned commissioned officer and private of the militia who shall &c. how be disorderly or disobedient, or guilty of unmilitary conpunished duct, on a muster or training day, or at any other time derly con- when on duty, shall be confined during the time of said

for disor

duct.

muster or training, at the discretion of the commanding officer present, not exceeding six hours, or fined not exceeding six dollars, which fine shall be certified by said officer to some justice of the peace, and collected in the manner prescribed in the fourteenth section of this act : Commis- and if any commissioned officer shall be disorderly or sioned offi- disobedient or guilty of unmilitary conduct, during the punished. time aforesaid, he shall be liable to be arrested and tried

cers how

by a court-martial, and if found guilty shall be sentenced to be reprimanded in orders, or be removed from office; and whenever a court-martial shall sentence any officer to be removed from office, the court shall therein adjudge such officer incapable of holding any military commission under this State, for life or years, according to the nature and aggravation of his offence; and such sentence being duly approved of by the officer appointing such courtmartial, shall be published and remain in full force, unless reversed (so far as respects disqualification) by the general assembly.

not ap

rendez

vous.

SEC. 13. And be it further enacted, That every non- Fines for commissioned officer or private who shall neglect to ap- pearing at pear (being first legally warned) at the regimental or bat- regimental talion rendezvous, shall forfeit seven dollars for every day of such neglect; and if he shall not be armed and equipped according to the said act of Congress, when so For not appearing, in case he shall have resided in this State six being months, and shall not within ten days after such rendez-equipped. vous or parade produce to the commanding officer of his company, a certificate from the clerk of the town-council of the town, that he hath been adjudged by said towncouncil unable to arm and equip himself, he shall for appearing without a gun forfeit seventy-five cents, without a bayonet twenty-five cents, without belts twelve and a half cents, without cartouch box twelve and a half cents, without flints twelve and a half cents, without a priming wire six cents, and without a brush six cents.

lected.

SEC. 14. And be it further enacted, That after the expira- Fines, tion of twenty days and within thirty days after such ren- how coldezvous or parade, the commanding officer of each company shall deliver to some one justice of the peace or warden residing in the same town, a copy of his warrant and of the return of the warning officer thereon, together with a list of every delinquent in not appearing at the rendezvous or parade as aforesaid, and of the delinquents in not being equipped with the articles in the preceding section enumerated, and of the articles of equipment aforesaid in which they shall have been deficient; and of such offenders as he shall fine, or who shall have incurred a fine by virtue of this act, who shall not have paid their fines to the said commanding officer, or shall not have rendered to him a satisfactory excuse for their delinquencies; and the said justice or warden shall, upon re- Justice to ceiving such copy and list as aforesaid, make record issue a thereof, and shall within ten days thereafter issue a summons to each delinquent, which shall be served six days How at least before trial, in form following, mutatis mutandis :

[L. S.]

To the sheriff of the county of

SC.

summons.

served.

his deputy, or either Form 4

of the constables or town-sergeants of the town of within the same county, greeting.

In the name of the State of Rhode-Island and Providence Plantations, you are hereby required to summon

of

in the county of

to

Defendant

may

sue, &c.

appear before me the subscriber, one of the justices of the
peace for the town of
in the county aforesaid,

on

o'clock in the

the

day of

at

noon, then and there to shew cause, if any he hath, why a warrant of distress shall not issue against him (here insert the complaint.) Hereof fail not, but make due return with your doings hereon. Dated at aforesaid, the

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day of

Justice of the peace.

in

And when the said party shall by himself or attorney applead the pear accordingly, he may plead the general issue, and give general is- any special matter in evidence; and if on hearing, judgment shall pass for the respondent, he shall be discharg ed from the fine, but shall recover no cost, but if the said party shall make default, or if judgment be given against him upon trial, and he shall neglect for five days thereafter to satisfy the same, with legal costs, then the justice Warrant before whom trial shall be had, shall issue his warrant of of distress. distress under his hand and seal, in the form following, to

wit:

[L. S.]

Form of. To the sheriff of the county of

SC.

or his deputy, or either of the constables or town-sergeants of the town of the same county, greeting.

Whereas

day of

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being a private soldier in the

company of militia in the town of

may be) commanded by

militia in the said county of

within

(as the case

in the regiment of

commanded by

was duly notified to appear upon the

in the town of

day of in the county aforesaid, with his arms and equipments, as the law of this State directs; and the said

in vio

lation of the said law, did without cause neglect to appear,
(or did not appear armed and equipped, or otherwise as
the case may be,) whereby he hath forfeited and ought
to pay the sum of
to the uses directed by law;
having been duly summoned to
one of the justices of the
in said county, to shew

and the said

appear before me,
peace for the town of

cause if any he had why a warrant of distress should not be issued for the said sum, did not appear, (or appearing

did not shew sufficient cause why the said warrant should
not be issued, as the case may be :) you are therefore
commanded, in the name of the State of Rhode-Island and
Providence Plantations, forthwith of the goods and chat-
tels of the said
within your precinct, to levy

by distress and sale thereof, the aforesaid sum of
costs of suit, being in the whole the
and to pay the same to

with sum of

to levy

cap

tain of the said company; and also of the goods or chat-
tels of the said
more for this
warrant, together with your own fees; and for want of
such goods and chattels of the said
to be
found within your precinct, you are commanded to take
the body of the said
and him commit to jail

in

in the county aforesaid, and the keeper thereof is hereby commanded to receive the said

into the said jail, and him safely keep until he shall pay the sum aforesaid, together with legal fees and costs, or until he shall be otherwise discharged by order of law; and you are to make return of this warrant, with your doings hereon, unto myself, within twenty days next coming; for which this shall be your sufficient warrant: hereof fail not. Given under my hand and seal, the in the year of our Lord

day of

Justice of the peace.

goods of

And in case any such delinquent shall be within age May be and live with his father, mother or guardian, or shall be levied on an apprentice or indented servant, the officer to whom father, &c. said warrant may be directed shall be required to levy the in case. same upon the goods and chattels of said father, mother, guardian, master or mistress, as the case may be; and the justice aforesaid is hereby authorized to vary the form of the same accordingly; and if the said warrant should be returned unsatisfied, the said justice is hereby authorized to issue an alias at any time after; and the money so lev- Money, to ied shall be paid to the said commanding officer of the whom company, at the return of said warrant, to be appropriated to purchase colors and to pay such expences of warn- And how ing said company and training, as the town-councils of approptithe several towns may think reasonable; and the resi- ated. due thereof, if any, shall be paid to the colonel of the regiment to which said company may be attached, to be paid over by the respective colonels to the quartermaster-general, to be appropriated for such military purposes

paid.

Judgment

final.

Penalty for neglecting to

as the general assembly may from time to time direct, and the said quartermaster-general shall report the amount thereof annually to the general assembly: and the commanding officer of each company shall allow not exceeding two dollars per day to the warning-officer, for each day that he shall or ought to be employed in warning said company, to be judged of by the commanding officer aforesaid.

SEC. 15. And be it further enacted, That any judgment rendered by a justice of the peace or warden under this act, shall be final and conclusive between the parties.

SEC. 16. And be it further enacted, That any non-commissioned officer or private who shall neglect to warn the warn the men of his company when thereto required, as provided company. in the tenth section of this act, without sufficient excuse, he shall forfeit the sum of one hundred dollars, to be recovered by the captain of the company in any court of competent jurisdiction, and appropriated in the manner provided by the fourteenth section of this act.

Officer

to parade,

SEC. 17. And be it further enacted, That every commisneglecting sioned officer who shall neglect or refuse to appear on to be tried. parade with his company when duly notified, without sufficient excuse, shall be tried by a court-martial, and if guilty, be broke and reduced to the ranks.

martial.

RegimenSEC. 18. And be it further enacted, That every regimental tal court- court-martial shall consist of at least five commissioned officers, one whereof at least being a captain, and shall be appointed by the commanding officer of the regiment, who is hereby empowered to confirm, mitigate or disapGeneral prove any sentence by them given: and that every general court-martial shall consist of at least thirteen commissioned officers, one whereof shall be a general or field officer, and none under the grade of a captain, to be appointed by the major-general, or in his absence by the next officer present in command, who is empowered to confirm, mitigate or disapprove any sentence by them given.

courtmartial.

Field offi

alter the

nies.

SEC. 19. And be it further enacted, That the divisions of cers may companies as now existing in the several towns be continnumber of ued, subject however to such alterations as their present compa- numbers or future increase or diminution may, in the opinion of the field officers of the regiments respectively, or any two of them, from time to time render expedient, and the officers aforesaid are hereby authorized to augment or reduce the number of companies in their several

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