Chap. XII. Writs of Error. Chap. XIII. Guardians. Cases rever manded. shall affect the right of any person to the bounty on hemp, raised prior to the rising of this assembly. General Assembly, October Session, 1813. SYLVÄNUS BACKUS, Speaker of the House of Representatives. JOHN COTTON SMITH, Governor. Attest. THOMAS DAY, Secretary. CHAP. XII. An Act in addition to " An Act for regulating trials in writs of error, and for limiting the time for bringing the same." BE it enacted by the Governor and Council and House of Representatives in General Court assembled, That whenever a judgment of the county sed, how re- court shall be reversed by the superior court, on a writ of error brought for that purpose, it shall he the duty of said superior court to remand the case to the county court in which such erroneous judgment was rendered; provided the same cannot by law be entered in the said superior court, and the said county court shall proceed thereon in the same manner as in other cases of the like kind brought originally to said county court. General Assembly, October Session, 1813. Guardians may divide land of miors. SYLVANUS BACKUS, Speaker of the House of Representatives. JOHN COTTON SMITH, Governor. Attest. THOMAS DAY, Secretary. CHAP. XIII. An Act in addition to An Act entitled, "An Act to enable Guardians to divide land, &c." BE it enacted by the Governor and Council and House of Representatives in General Court assembled, That the guardians of minor heirs or devisees of any parcener, joint tenant, or tenant in common of land may make partition thereof, for their respective minors in the manner authorized by said act, although there should be no such original tenant surviving: and all such minors, their heirs and assigns shall be concluded by a partition made by their said guardians in manner aforesaid. General Assembly, October Session, 1813. Attest. THOMAS DAY, Secretary. MAY SESSION, 1814. CHAP. I. An Act for establishing rules and articles for the government of the Militia of the State, or any part thereof, when called into actual service under the authority of this State. § 1. BE it enacted by the Governor and Council $1. and House of Representatives in General Court assembled, That the officers and soldiers of the militia of this state, or any part thereof, when called into actual service under the authority of this state, shall be amenable and subject to trial by general and regimental courts-martial, according to the rules and regulations hereinafter provided. 2. Be it further enacted, That a general courtmartial shall be ordered by the commanding officer of said militia in service; and a regimental court-martial shall be ordered by the commanding officer of any regiment of infantry or cavalry, or battalion of artillery, belonging to said militia in service. § 3. Be it further enacted, That a general courtmartial shall consist of not more than thirteen, nor less than nine members, exclusive of the judge advocate; and the president and the judge advocate shall be named by the officer ordering the court. And a regimental court-martial shall consist of not more than five, nor less than three members; the president to be named by the officer ordering the same. And said courts shall be detailed, and organized, according to the rules and usages of war. §4. Be it further enacted, That members of said courts-martial, when convened, shall take the following oath, to be administered in general court-martial, by the judge advocate, and in regimental courts-mar Militia in ser vice amenable to courts-mar tial. General and regimental courts-martial, by whom ordered. General courtmartial. Regimental court martial dent. CHAP. I. Militia. tial, by the president; and said oath shall be administered to the president by any member of the Court, Oath of Presi- viz. "You swear, that you will well and truly try and determine the matters brought before you, between the state of Connecticut and the prisoner or prisoners to be tried; and that you will duly administer justice according to the provisions of law, without partiality or favour. And you swear, that you will not divulge the sentence of the Court until published by proper authority; neither will you disclose the opinion or vote of any member of the court, unless required to give evidence thereof as a witness, in a court of law: So help you God." And the judge advocate shall take the following oath, to be administered by the PresiOath of judge dent, viz. "You do swear, that you will not disclose the vote, or opinion of any member of this courtmartial, unless required to give evidence thereof in a 'court of law; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same; and that you will faithfully, and impartially do the duty of judge advocate in the court, according to the best of your ability: So help you God." advocate. Record to be made. Offences, where triable. How punishable. § 5. And be it further enacted, That a record of all the evidence and proceedings of any court-martial shall be made out and transmitted with the sentence or decision of the Court to the officer ordering the court, and said sentence or decision shall be approved or disapproved by the said officer; and all offences committed by field, commissioned or staff-officers, shall be tried by a general court-martial; and all other offences mentioned in this act, shall be tried by either general or regimental courts-martial, as shall be directed by the officer ordering the same. § 6. Be it further enacted, That any field, commissioned or staff-officer, who shall desert his post or command in time of action, or shall be guilty of making known the watch-word; of deserting to an enemy, mutiny, cowardice, or delivering up a magazine to an enemy, shall be cashiered, and rendered incapable of holding a civil or military office under the laws or authority of this state. § 7. Be it further enacted, That any field, commissioned or staff-officer who shall be guilty of disobe dience of orders, neglect of duty, contempt or disrespect to a superior officer, or unofficerlike, or ungen tlemanlike conduct, shall be cashiered, suspended, fined not exceeding five hundred dollars, or reprimandod, at the discretion of the court-martial. CHAP. I. Militia. § 8. Be it further enacted, That any non-commissioned officer, musician or private, who shall be guilty of deserting to an enemy, making known the watchword, mutiny, cowardice, delivering up a magazine to an enemy, or striking an officer; and each private who shall be found sleeping while on sentry, shall be punished in such manner as a court-martial shall direct, not extending to death. Non-commis sioned officers and privates. § 9. Be it further enacted, That any non-commis- Minor offences. sioned officer, musician or private, who shall be guilty of stealing, gaming, intoxication, profaneness, selling his arms or accoutrements, absence from parade, making false alarm, contempt or disrespect of a commissioned or staff-officer, or disobedience of orders, shall be punished by fine, stopping pay, or stopping rations in part, confinement under guard, daily fatigue, or drumming out of camp, at the discretion of the courtmartial; and in case a non-commissioned officer shall offend against the provisions of this section, he may be reduced to the ranks. And in case any detachment less than a battalion or squadron, shall be in service, the officer commanding such detachment, may, with the advice of the commissioned officer or officers, if any there be belonging to such detachment, or a majority of them, decide upon any of the offences enumerated in this section, and committed by a non-commissioned officer, musician, or private belonging to said detachment, and may inflict either of the above mentioned punishments. § 10. Be it further enacted, That the officer whose duty it shall be to approve any sentence of a courtmartial, shall have the power to pardon the offender, or mitigate his punishment, as he shall judge proper. § 11. And be it further enacted, That if any general officer shall be guilty of any of the offences detailed in this act which relate to field or other commissioned officers, he shall be subject to the same punishments, which are provided for them, and shall be tried by a general court-martial, to be ordered by the commander in chief of this state, agreeably to the provisions of this act. General Assembly, May Session, 1814. Attest. THOMAS DAY, Secretary. Pardoning power. Offences of general offi cers. 2 Bank estab ford. Name. 1 CHAP. II. Banks. CHAP. II. An Act to incorporate the Phoenix Bank. E it enacted by the Governor and Council and § 1. BE House of Representatives in General Court assembled, That it shall be lawful to establish a bank at lished at Hart Hartford; the capital stock whereof shall be divided into shares of one hundred dollars each, which shall be transferable according to such rules as may be established by the directors and subscribers to the same; their successors and assigns shall be, and are hereby, constituted a body politic and corporate, by the name of The President Directors and Company of the Phœnix Bank, and by that name shall be capable in law, Corporate pow- to purchase and hold property of whatever nature, re al, personal or mixed, and the same at pleasure to dispose of or alienate, to sue and be sued, in all Courts whatever, to have and use a common seal, such as they may devise, and to make and to carry into effect such by-laws and regulations as may be deemed expedient for the proper management of the affairs of the corporation not being repugnant to this act, or the laws of this state, or the United States, and generally to do, and cause to be executed, all such acts and things as to them may appertain, subject nevertheless to the provisions herein contained. ers: Articles. Directors. President. Elections to be by ballot. General meet ing, when hol den, and how called. § 2. Be it further enacted, That the following articles be established for the government of the corporation. At 1. For well ordering the affairs of the corporation there shall be eleven directors, who shall be elected annually by the stockholders in general meeting; none but stockholders shall be eligible as directors, and not less than two thirds shall be resident in Hartford. their first meeting after each election, the directors shall choose one of their number for president, and whenever the place of president or director, shall become vacant by resignation or otherwise, the same may be supplied by the choice of the directors for the remainder of the year. All elections for directors or president, shall be by ballot; no person shall be eligible as director, for more than three years out of four, except the president. 2. A general meeting of the stockholders shall be holden on the first Thursday in September annually, when directors shall be chosen. A general meeting may be called whenever the board of directors shall |