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Sec. 13. And be it further enacted, That every non- Fines for cammissioned officer or private who shall neglect to ap- pearing at pear (being first legally warned) at the regimental or bat- regimental

rendeztalion 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.

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 incognis 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

served. at least before trial, in form following, mutatis mutandis :

[L. S.] To the sheriff of the county of

his deputy, or either Form of. 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

[graphic]

SC.

to

day of

appear before me the

subscriber, one of the justices of the peace for the town of

in the county aforesaid, on the day of

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

in the year of our Lord

Justice of the peace. Defendant And when the said party shall by himselfor attorney applead the pear accordingly, he may plead the general issue, and give general is- any special matter in evidence ; and if on hearing, judgsue, &c.

ment shall pass for the respondent, he shall be discharged 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 thereaf

ter 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 or his deputy, or either of

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

being a private soldier in the
company of militia in the town of

(as the case may be) commanded by

in the regiment of militia in the said county of

commanded by was duly notified to appear upon the in the town of

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

in violation 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; and the said

having been duly summoned to appear before me,

one of the justices of the peace for the town of

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

SC.

of

upon the

day of

day of

sum of

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 chattels of the said

within your precinct, to levy by distress and sale thereof, the aforesaid sum of with

costs of suit, being in the whole the and to pay the same to

captain of the said company; and also of the goods or chattels of the said

to levy

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

Justice of the peace. 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, &o. 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 warning 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

day of

And how

final.

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. Judgment

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. Penalty Sec. 16. And be it further enacted, That any non-comfor neste missioned 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 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 suf

ficient excuse, shall be tried by a court-martial, and if

guilty, be broke and reduced to the ranks. Regimen- Sec. 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 gen

eral 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.

Sec. 19. And be it further enacted, That the divisions of alter the companies as now existing in the several towns be continnumber of ued, subject however to such alterations as their present

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

martial.

courtmartial.

Field offi

companies.

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