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dollars, and be cashiered, with disability of ever holding any military office in this state, unless prevented by sickness, or some other reasonable cause, in which case, the court shall have power to adjourn, and notice thereof shall be given, by the judge advocate, to the arrested officer, at least ten days before the day to which the court

is adjourned. And the fines imposed by said courts-mar- Fines, &c. how tial, shall be to and for the use of this state, and shall be collected and collected by a warrant, under the hand of the president disposed of. of the court, directed to a sheriff, or some other proper officer, and be by him paid to the state treasurer. And in Warrants for all cases in which a fine or costs shall be awarded, by a fines, &c. to court-martial, and the sentence of such court shall be be signed by approved, and the president of such court shall die, be the president discharged or promoted, without having issued a warrant for such fine or costs, it shall be the duty of the member of said court remaining next in rank to said president, to issue such warrant.

or next officer.

Witnesses refusing to attend, to be imprisoned.

SECT. 43. If any witness, duly summoned, shall refuse to obey such summons, he shall be committed to gaol, in the county where he lives, by warrant from the president of the court, directed to a sheriff, his deputy or a consta ble, within their respective jurisdictions, there to be held at his own expense, until he will conform, and give evidence, in the case, or be discharged by due course of law. And all witnesses, summoned on the part of the state, and the Fees of witjudge-advocate for summoning them, shall, for travel and nesses, &c. attendance, have the same fees as are allowed in civil causes, to be taxed by the president of the court; which expenses shall be paid to the judge-advocate, by the state, how paid. and when received, be, by him, paid over to the persons, to whom the money is due. And if the sentence of the court is against the accused, and the same shall be duly approved, the said expenses shall, by warrant, under the hand of the president of the court, directed in manner aforesaid, be collected of the delinquent, and paid into the state treasury. And the members of said court shall be allowed nine cents per mile, for travel to and Fees of memfrom the place of holding said court, and one dollar court. per day, for each day during its sitting; and there shall be allowed to the person, in whose house the court is Room-rent, holden, not exceeding two dollars per day, in full of &c. room-rent, fire-wood, and candles; and a bill of the same being taxed and signed, by the president, shall be paid from the state treasury; and the judge-advocate shall be Compensation allowed twenty-five cents for every legal page of the of the judgecopy of the proceedings, and record of the court-martial, advocate for to be taxed and paid in the same manner. The senten- copies, &c. ces of courts-martial shall be approved, or disapproved, by

bers of the

Sentence to be the captain-general, who shall also have the power of mitigating, or remitting, any punishment, awarded by the sentence of any court-martial, when such sentence shall have been approved; and the record of the proceedings and sentence of courts-martial, in every case, with the order approving or disapproving the same, shall be deposited in the office of the secretary of state.

approved, or disapproved, by the captain-general. Record to be deposited in secretary's office.

Liability of

persons removing into this state.

Fire-men, how far liable.

What officers

on horse-back.

SECT. 44. Every person, who shall remove from any other state, into this state, shall be liable to do duty in the militia thereof, at the same time, and in the same manner, as if he removed from the limits of one company into those of any other, within this state.

SECT. 45. No person liable to perform military duty, in any enlisted company, and no person under thirty years of age, shall be exempted from doing military duty, by serving as a fire-man, in any company, constituted to conduct and work a fire-engine.

SECT. 46. All general officers and their staff, the adjushall do duty tant-general, the quarter-master-general, and his assistants, the commissary-general, and his assistants, the paymaster-general, all field officers, and adjutants, and quarter-masters, shall do duty on horse-back; chaplains, pay-masters and surgeons, may, on days of general review, appear on horse-back; and all other officers of infantry, artillery, and rifle-men, shall do duty on foot.

What, on foot.

An officer de

SECT. 47. If any person holding a commission in the tached, being militia of this state, and detached to hold himself in readremoved, &c. another officer iness for service, by virtue of an act of the United States, to be detached has been, or, during the period for which the detachment in his stead. is made, shall be, removed by death, disabled, promoted, or discharged from such detachment, the commander in chief of the militia, shall have authority to cause some other proper officer of the militia, to be detached to serve in the stead of the officer so removed, disabled, discharged, or promoted.

Colors, how to be furnish

ed.

Supernumerary officers to

retain their rank, &c.

Companies of

guards, how enlisted.

SECT. 48. Whenever colors shall be wanting in any regiment, they shall be furnished by the quarter-mastergeneral, with the approbation of the captain-general, upon application being made for that purpose, by the commandant of the regiment.

SECT. 49. If upon any reorganization of the militia, or reduction of any corps thereto belonging, there shall be supernumerary officers, they shall not be considered as dismissed, but shall retain their rank, be considered in the line of promotion, and be liable to fill any vacancies that may happen, at the discretion of the captain-general.

SECT. 50. The commanders of the several companies of guards, are hereby authorized, with the approbation

of the captain-general, to enlist men, from time to time, to fill their companies, from any of the battalion companies; and said commanders of the guards, are hereby severally empowered to enlist, from time to time, as may be necessary, from any of the militia companies, suitable persons to be musicians for their companies, respectively; but no enlistment shall be thus made, from any militia company, of any person appointed and acting as a musician in such company.

order musi

SECT. 51. The commanding officer of any company of Commander of guards, shall have power to order the musicians, or any guards may part of them, belonging to his company, to assemble at cians to assemsuch times and places as he shall direct, for practice and ble for pracinstruction, not exceeding, together with the number of tice, &c. days such musicians shall be called to do duty with their company, the whole number of days which said company may, by law, be called out for company exercise; and if any musician shall neglect or refuse to obey such order, he shall be liable to the same fine as is, or shall be, provided by law, for non-attendance on days of ordinary company exercise; and such musician shall have the same right to appeal, as is given to him by law in other

cases.

SECT. 52. The commanding officer of any company of Power to disguards, is hereby authorized and empowered, to dismiss miss from guards. from his company every non-commissioned officer, musician and private, belonging thereto, who shall be guilty of gross neglect of duty, disobedience of orders, or unsol dier-like behavior; and thereupon, the person so dismissed shall be liable to do military duty in the same manner, as if he had never enlisted into such company of guards; and upon notice of such dismission, by the officer giving the same, to the commanding officer of the militia company, within the limits of which the person so dismissed, shall reside, it shall be the duty of such commanding officer, to cause such person to be enrolled in his company, immediately. But if any such non-commissioned officer, musician, or private, shall be aggrieved, by being dismissed as aforesaid, he may, within thirty days, after receiving notice of his dismission, appeal to the captaingeneral, who is hereby authorized to examine into the matter, and finally to annul or confirm such dismission. SECT. 53. The captain-general is hereby fully authorized and empowered, to establish uniforms for such corps, as have not an uniform established according to law; to designate badges for all officers of the militia, which badges, and none other, shall be worn by such officers, when in uniform, and on duty; and he is hereby fully author- the discharge ized to discharge commissioned officers, staff-officers and of officers;

Power of the eral in relation captain-gento uniform; badges;

ments;

rank of companies;

sergeants; to settle the rank of regiments, at the time of rank of regi- forming them, and number the same; to settle the rank of companies in each regiment, at the time of forming them, and number the same; to alter the local limits of local limits of companies, and to form and reduce companies, as the interest of the militia may require, consistently with the laws of this state, and of the United States; to delegate to major-generals and brigadier-generals, the power to dis miss officers and, generally, to exercise all the powers necessary to carry into effect, the provisions of this act. And he is requested to cause official copies of the annual and inspection returns of the militia, to be laid before the legislature, at their session in May, annually.

companies; delegation of authority to generals, &c.

Copies of returns to be laid before the

legislature, in
May, annually.
Secretary to
make return to
the adjutant-

general of ap-
pointments,
&c.

Rates of toll regulated.

Penalty for taking more

than the legal

rate of toll.

Sealed measures to be

provided for each mill.

SECT. 54. It shall be the duty of the secretary of this state, within one week after the rising of the general assembly, to make a return to the adjutant-general, of all such general or field officers, as shall have been discharged or appointed, at such session.

TITLE 68. Mills.

An Act concerning Mills and Millers.

SECT. 1.

E it enacted by the Senate and House of Rep resentatives, in General Assembly convened, That any miller, may take as toll, for grinding each bushel of Indian corn, three quarts thereof; and for grinding each bushel of other grain, except malt, he may take two quarts thereof; and for grinding each bushel of malt, he may take one quart thereof, and no more; and for bolting each bushel of meal, he may take one pint, and no

more.

SECT. 2. If any miller shall take or receive a greater fee, or toll, for grinding or bolting, than is herein allowed. and stated, he shall forfeit and pay the sum of two dollars, for each time he shall be found guilty thereof, one half to him who shall sue for the same to effect, and the other half to the treasury of the town, where the offence shall be committed.

SECT. 3. And there shall be provided for each gristmill, by the owner or owners thereof, the following sealed measures, to wit: one of a pint, one of a quart, and one of two quarts, for toll measures; with an instrument to strike the same; and the measures shall always be striken, when toll is taken for the grinding or bolting of grain, at a mill.

TITLE 69. New-gate.

An Act concerning New-gate Prison.

SECT. 1.

B

E it enacted by the Senate and House of Representatives, in General Assembly convened, That the cavern, land, buildings and appurtenances be- New-gate longing to this state, in Granby, called New-gate Prison, prison to be a shall be and remain a public gaol and work-house, for the house and use of this state, and shall be kept and maintained in good prison, for the and sufficient repair, at the expense of this state.

public work

state.

SECT. 2. There shall be three overseers of said prison, Overseers. appointed, from time to time, by the general assembly, as there may be occasion; who are authorized and empowered to appoint a master or keeper of said prison, as often as may be necessary; which master or keeper shall Keeper of the be subject to be removed, at the pleasure of said over- prison. seers; and said master or keeper shall be assisted with

such number of men, not exceeding ten, as shall be order- Guard.
ed by said overseers, in safe-guarding said prisoners,
and keeping them at hard labor.

to prisoners.

Power of inflicting punishment.

SECT. 3. The master or keeper of said prison, shall Duty of keepkeep all such persons as have been, or shall be, sent there, er, in relation by warrant from lawful authority, to such labor as they shall be capable of doing, and as shall be directed by said overseers, for such time as they shall be sentenced to remain therein; and may confine them at their labor, or punish them, by putting fetters and shackles on them, and by moderate whipping, not exceeding ten stripes for any one offence; which punishment may be inflicted, in case they be stubborn or disorderly, or do not well and faithfully perform their task, as they shall be reasonably required, or in case they shall not submit to such rules and orders as shall be, from time to time, established, for the well-ordering and governing of the same.

SECT. 4. The master or keeper shall, whenever required by said overseers, render his account to them, of the labor and earnings of such prisoners, and for the materials which he shall receive, to be wrought by said prisoners, or any persons employed with them, and pay and deliver to said overseer the amounts thereof.

Keeper to render his acseers.

count to over

SECT. 5. The overseers for the time being, shall pro- Duty of overvide for such prisoners necessary and suitable food and seers. cloathing, and also such tools, implements and materials as shall be proper for employing and keeping such prisoners to work; and shall also provide for the relief of any sick or weak prisoner, and shall be paid for the

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