SEC. 14. If any officer for the trial of whom a court martial is appointed, shall not appear, or shall withdraw in contempt of court, or being arraigned shall from obstinacy or deliberate design stand mute or answer foreign to the purpose, the court shall proceed to trial and judgment as if he had pleaded not guilty.

SEC. 15. The judge advocate shall administer the following oath or affirmation to all witnesses required to give evidence before any court martial or court of inquiry:

"You swear, (or affirm, as the case may be,) that the evidence you shall give in relation to the charge now in hearing shall be the truth, the whole truth and nothing but the truth. So help you God." (Or, "this you do under the pains and penalties of perjury," in case the witness shall affirm.)

SEC. 16. Courts martial may compel witnesses duly summoned as in civil cases, to appear and testify, by attachment and by fine and imprisonment, in the same manner as courts of common law may lawfully do.

SEC. 17. The judge advocate shall attend all courts martial which shall be ordered in his brigade, and in case of his inability or of any legal impediment to his acting, the commander in chief may designate the judge advocate of another brigade or appoint a special judge advocate for any court.

SEC. 18. The judge advocate shall keep accurate minutes of the proceedings of the court and of the evidence, and shall impartially state the evidence for and against the accused, and shall transmit such minutes signed by the president of the court martial and himself, with the papers used at the trial or certified copies thereof, to the commander in chief, under seal.

SEC. 19. The statement of the complainant and the defence of the accused, all motions and objections to evidence, and opinions of the judge advocate on questions of law, shall be in writing and entered on the minutes or annexed thereto.

SEC. 20. The original records of all courts martial shall be deposited and preserved in the office of the adjutant general, and the accused shall be entitled to a copy thereof, upon paying the same fees as are allowed for copies to the secretary of state.

SEC. 21. The fees for services rendered on courts martial, shall be as follows: to the president, members, supernumeraries, judge advocate and marshal, one dollar and twenty-five cents a day each, and four cents a mile for travel to and from court; to the judge advocate for drawing necessary papers, for copies and recording, twelve and a half cents for each page of two hundred and twentyfour words; to the marshal for notifying members, supernumeraries or the accused of the time and place of trial, three cents a mile for all necessary travel out and in, and twenty-three cents for each notification, and for summoning witnesses twenty-three cents each; to the marshal or sheriff for committing any person for refusing to give evidence, the same fees as are allowed to sheriffs for like ser

vices on civil process; to witnesses, the same fees as are allowed to witnesses at the court of common pleas.

SEC. 22. A roll shall be made by the judge advocate of all fees, charges and expenses, specifying the services and to whom due, and the president and judge advocate shall certify that the fees and charges are legal, and that the contingent expenses were necessary and the charges reasonable. And the same being transmitted with the record to the governor, he shall, with the advice of the council, draw an order on the treasurer for so much thereof as he shall deem reasonable and proper, in favor of the president of the

SECTION 1. The commander in chief may order courts of inquiry to examine into the nature of any transaction, or any accusation or imputation against any officer, or for the purpose of settling military questions, or for other purposes relative to good order and discipline.

SEC. 2. Courts of inquiry shall consist of three officers and a judge advocate, to be designated by the commander in chief.

SEC. 3. The judge advocate shall administer to each of the officers composing a court of inquiry the following oath: "You swear that you will well and truly examine and inquire into the matter now before you, without partiality, favor, prejudice, affection or hope of reward. So help you God."

SEC. 4. The president shall then administer to the judge advocate the following oath: "You swear that you will impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God."

SEC. 5. Parties personally interested shall be notified, and shall be permitted to cross-examine witnesses and introduce evidence, so as fairly to investigate the circumstances in question.

SEC. 6. These courts shall not give their opinion on the merits of the case unless specially required; but their proceedings shall

be signed by the president and judge advocate and transmitted to the commander in chief.

SEC. 7. They shall have the same powers in relation to the summoning and examination of witnesses, and the preservation of order, as courts martial, and shall be entitled to the same fees for their services, to be allowed and paid in the same manner.

SECTION 1. Any company of cavalry, artillery, grenadiers, light infantry or riflemen duly organized according to law, may assume a name and style by which such company may be known and distinguished in law, give notice thereof in writing to the adjutant general, and give public notice thereof by publishing the same in some newspaper, if any in the county, otherwise in an adjoining county; and shall then become a body politic and corporate.

SEC. 2. Such incorporated companies shall have the powers and be subject to the liabilities of similar corporations, and may hold real and personal estate to an amount not exceeding two thousand dollars.

SEC. 3. They may make such by-laws and regulations relative to the enlistment, uniform and equipment of the company, consistent with the laws, as they may think proper; but no taxes or assessments shall be raised but by consent of two thirds of the members.

SEC. 4. The legislature may at any time abolish or modify such corporations as they may deem the public interest to require.

TITLE XIII.

OF THE INSPECTION AND SALE OF PROVISIONS MERCHANDISE, AND THE REGULA TION OF TRADE.

AND

Of the appointment and duties of inspectors.
Of the inspection of flour.
Of the inspection of beef and pork.
Of the inspection of butter and lard.
Of the inspection of hops.

Of the inspection of fish.

Of the inspection of pot and pearl ashes.
Of the inspection of lumber, &c.

Of the sale of hay, leather and cord wood.
Of measurers of grain in Portsmouth.
Of the weight of oats, potatoes and bread.
Of weights and measures.

SECTION 1. There shall be inspectors of beef and pork, of pot and pearl ashes, of butter and lard, of hops and of fish; and the inspectors now appointed shall hold their offices for the term of five years, unless sooner removed by the governor and council. (R. S., sec. 1, as amended by laws of 1848, chap. 707, sec. 1.)

SEC. 2. The said inspectors shall be appointed by the governor, with the advice and consent of the council, and shall hold their offices for the term of five years, unless sooner removed by the governor and council.

SEC. 3. Each inspector before entering upon the duties of his office, shall be sworn to the faithful discharge thereof and shall give bond to the State, with sufficient sureties to the satisfaction of the treasurer thereof, in the sum of two thousand dollars.

SEC. 4. Each inspector shall appoint so many deputy inspectors as may be necessary, removable at his pleasure, and for whom he shall be answerable, each of whom before entering upon the duties of his office shall be sworn to the faithful discharge thereof and shall give bond to him, with sufficient sureties, in a sum not exceeding one thousand dollars, and shall once in six months or oftener, if requested, make such returns to him as he may require.

SEC. 5. All oaths required by this chapter to be taken by any deputy, may be administered by the inspector, and all oaths required to be taken in the inspection of provisions or merchandise, may be administered by the inspector or any deputy, or in either of said cases by any justice of the peace.

SEC. 6. If any vacancy shall occur in the office of inspector, his deputies shall continue to perform their duties, and shall possess the same powers and be subject to the same liabilities as if no vacancy had occurred until an inspector shall be appointed and duly qualified.

SEC. 7. The word inspector in this title may include deputy inspector.

SECTION

CHAPTER 103.

OF INSPECTION OF FLOUR.

IDENTICAL WITH

Chapter 1293, Laws of 1852.

SECTION

1. Inspector, how appointed; to hold his 6. Penalty for knowingly offering for sale

office five years.

2. Flour, how branded.

flour with a mixture of Indian meal, &c.

3. Suspected and damaged to be re-in- 7. Inspector not to be interested in the spected, &c.

4. Penalty for knowingly offering for sale 8.

flour undermarked, deficient, or false

ly purporting to be inspected.

5. Penalty for counterfeiting and using 9. empty casks, with the former inspec

tion mark.

sale or manufacture of flour. Inspector to be sworn, and certificate of oath to be filed in secretary's office.

Fees of inspector.

SECTION 1. The governor, with advice of council, may appoint in any city or town in this State, where the same shall be