commissioned officer or private, of a rifle company, or to any private of any other company having a powder horn and pouch. rifle corps. 8th. Each non-commissioned officer and private in In the mounted the mounted rifle corps, shall be sentenced to pay as fines for want of a sufficient horse, two dollars, for want of a sufficient rifle and sling, one dollar, for want of sufficient pistol and belt, one dollar, for want of a sufficient saddle, bridle, breast plate, valise, or cartridge-box, twenty five cents each. ed. 9th. The court martial, by which any delinquent Excuses allowis tried, may excuse such delinquent, if it shall be made satisfactorily to appear to the court that he has a reasonable excuse for such delinquency. mission. 10th. Any commissioned officer, who shall retain Penalty for re a commission, received by him for any subaltern, fortaining a commore than thirty days, without giving notice by mail or otherwise to the person entitled to it, shall be liable to pay a fine not exceeding twenty-five dollars, to be imposed, in case of a commissioned officer of a company, by a regimental or battalion court martial, on the complaint of any officer interested, and in case of a general or field officer, by a general court martial, which shall be ordered on the like complaint. In ad dition to the penalties imposed by any of the provisions of this act, every commissioned and non-commissioned officer, musician and private, of a company, who shall appear on parade wearing any personal dis- Or wearing a guise, or other unusual or ludicrous articles of dress, or any arms, weapons or other implements not required by law, and calculated to excite ridicule, or to intercept the orderly and peaceable discharge of duty by those under arms, shall be liable to a fine of not more than twenty-five, nor less than five dollars, to be imposed by the proper court martial. SECTION 4. No action shall be maintained against any member of a court martial, or officer or agent acting under its authority, on account of the imposition of a fine, or the execution of a sentence on a person not liable to military duty, if such person shall have been returned a delinquent and duly summoned, and shall have neglected to show his exemption before such court. disguise, &c. Fines, how collected. ARTICLE 2. OF THE COLLECTION AND APPLICATION OF PENALTIES, SECTION 1. All fines that shall be imposed by the regimental or battalion court martial, shall be reported by the president of the court to the officer ordering it, or to his successor in command, within twenty days after such fines shall have been imposed; and the officer ordering the court or his successor in command, shall, immediately after the time shall have elapsed in which appeals are allowed from his decision to the commandant of the brigade, give written notice to the president of the court of the penalties and fines which shall have been by him remitted or mitigated, and of the appeals which shall have been made from his decision to the commandant of the brigade. SECTION 2. For the purpose of collecting fines the president of the court shall, within ten days after the receipt of the written notice aforesaid, make a list of all persons of whom fines are to be collected, designating the company to which they respectively belong, the sums imposed as fines on each person, and the person who shall have appealed to the commandant of the brigade; and shall draw his warrant under his hand and seal, directed to any constable of any city or county as the case may be, thereby commanding him to levy such fine or fines, together with his costs, of the goods and chattels of such delinquents; and if any such delinquent shall be under age, and live with his father or mother, master or mistress, then to levy such fine or fines and the costs, of the goods and chattels of such father or mother, master or mistress as the case may be; and in case the goods and chattels imprisonment. of any delinquent over the age of twenty-one years cannot be found wherewith to satisfy the same, then to take the body of such delinquent and convey him to the jail of the city or county wherein he shall reside. By levy or SECTION 3. It shall be the duty of the jailor to whom such delinquent shall be delivered, to keep him closely confined, without bail or mainprize for four days, for any fine not exceeding two dollars, and one additional day for every dollar above that sum, unless the fine together with the costs and the jailor's fees shall be sooner paid. made within SECTION 4. Every such constable to whom such Return to be list and warrant shall be directed and delivered, may forty days. execute the same by levying and collecting the fines, or by taking the body of the delinquent, in any city, town or county, in this territory, and shall make return thereof within forty days from the receipt of such warrant to the president who issued the same. Tue execution of said warrant shall be suspended, as to those persons who shall have appealed to the commandant of the brigade, until the further order of such commandant. SECTION 5. If the constable shall not be able to New warrant collect the fines, or take the bodies, within the forty days may be issued. aforesaid, then the president issuing the warrant, may at any time thereafter, within two years from the time of imposing the fines issue a new warrant from time to time as may be necessary. SECTION 6. Any warrant for the collection of fines issued by virtue of this act, shall and may be renewed in the same manner that executions issued from justices' courts may by law be renewed. SECTION 7. The moneys arising from fines imposed To whom monby any regimental or battalion court martial, shall be ey to be paid. paid by the officers collecting the same to the president of the court. The sureties which shall hereafter be given by any constable elect, shall be deemed lia sureties. ble to pay to the president of the court all such sums Liability of of money as the said constable may become liable to constable's pay, on account of any warrant which shall be delivered to him for collection. SECTION 8. Such president after deducting and paying the costs and fees properly chargeable on the fines so recovered by him shall pay the surplus of such fines to the officer by whom the court shall have been ordered. SECTION 9. Every such president shall from time Money to be to time as often as he shall be required furnish to the accounted for. officer ordering the court, or to his successor in command, a correct statement of all moneys received by him on account of fines and of all fines imposed; and it shall be the duty of the officer instituting every such court, or his successor in command, to make such Penalty. Duty of the president of the court. Fines of commissioned officers how collected. How money to be applied. Account to be kept. When to be adjusted. When commandant of request within thirty days after any such court shall be held. SECTION 10. Whoever shall willfully neglect or refuse to comply with such request, for the space of ten days, shall be liable to be tried and cashiered therefor. SECTION 11. It shall be the duty of the respective presidents of courts martial to prosecute in their own names any marshal or constable who shall incur any penalty for neglect in the execution or return of any warrant or in paying over moneys collected by him. SECTION 12. The moneys arising from such penalties when collected shall be paid over and applied as other moneys payable to the commandants of regi ments and separate battalions are directed to be paid over and applied in this article. SECTION 13. All penalties and fines imposed by courts martial upon commissioned officers shall be collected by the attorney general or by the district attor neys of the counties in which the persons fined may reside and be paid by the officer collecting the same into the treasury. SECTION 14. All moneys received by each commandant of a regiment or separate battalion shall be expended under the direction of the field officers and commandants of companies in such regiment or battalion and shall be applied in the first place to the purchase and repair of colors and instruments of music and the residue in disciplining and improving such regiment or battalion in such manner as a majority of the field officers and commandants of companies shall direct. SECTION 15. It shall be the duty of each commandant of a regiment or separate battalion to keep an accurate account of all moneys by him received and expended for the use of the regiment or battalion and to exhibit such account, on request, to any commissioned officer of his regiment or battalion and to deliver it over to his successor in office. SECTION 16. Each commandant of brigade shall examine and adjust the accounts of the commandants of regiments and separate battalions in his brigade on or before the first day of May in each year. SECTION 17. If the commandant of any regiment or separate battalion shall neglect or refuse to pay his own name. moneys belonging to the regiment or battalion, as the brigade to sue in field officers and commandants of companies shall have directed, the commandant of brigade shall sue in his own name for such moneys and apply the same when recovered to the use of the regiment or battalion. SECTION 18. It shall be the duty of the several officers to whom moneys are in this article directed to be paid, in case of the refusal or neglect of the person directed to account for and pay over such moneys, to sue for the same in their own names but to the uses before specified in an action for money had and re ceived. SECTION 19. Every officer so suing may retain out of the money he shall collect all necessary and reasonable expenses he may incur in such suits. SECTION 20. It shall be no objection to any person called as a witness or to serve as a juror in any action authorized in this article that he is a member of the regiment or battalion that ray be affected by such action. ARTICLE 3. OF THE COMPENSATION AND FEES OF THE MEMBERS OF SECTION 21. There shall be allowed and paid out To be paid out of the treasury: 1st. To each division and brigade judge advocate, and to each president and member of any court of inquiry or court martial, for the trial of officers, two dollars for each day actually employed on duty; and the like compensation to any marshal or marshals appointed by any such court for every day employed in the execution of the duties required of him. 2d. To each brigade inspector, for inspecting a regi ment or separate battalion, eight dollars; for attending each parade of commissioned and non-commissioned officers and musicians, which he is required by law to attend, eight dollars; for making and transmitting to the adjutant general an inspection return of his brigades, eight dollars. 3d. To each military store-keeper, such sum, not exceeding twenty dollars, as the commander-in-chief shall think proper to allow. SECTION 22. No payment shall be made to any of the treasury. |