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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-martial, shall be to and for the use of this state, and shall be collected by a warrant, under the hand of the president of the court, directed to a sheriff, or some other proper officer, and be by him paid to the state treasurer. And in all cases in which a fine or costs shall be awarded, by a court-martial, and the sentence of such court shall be approved, and the president of such court shall die, be 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. 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 constable, 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 judge-advocate for summoning them, shall, for travel and 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, 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 from the place of holding said court, and one dollar er day, for each day during its sitting; and there shall be allowed to the person, in whose house the court is holden, not exceeding two dollars per day, in full of 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 allowed twenty-five cents for every legal page of the copy of the proceedings, and record of the court-martial, to be taxed and paid in the same manner. The sentenees of courts-martial shall be approved, or disapproved, by

Fines, &c. how collected and disposed of.

Warrants for fines, &c. to be signed by the president or next officer.

Witnesses refusing to attend, to be imprisoned.

Fees of witnesses, &c.

how paid.

Fees of members of the court.

Room-rent, &c.

Compensation of the judgeadvocate for copies, &c.

Sentence to be 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 shall do duty on horse-back.

What, on foot.

An officer detached, being removed, &c. another officer to be detached in his stead.

Colors, how to be furnished.

Supernumerary officers to retain their rank, &c.

Companies of guards, how enlisted.

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 de-
posited in the office of the secretary of state.
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 compa-
ny 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 con-
duct and work a fire-engine.
sect. 46. All general officers and their staff, the adju-
tant-general, the quarter-master-general, and his assist-
ants, the commissary-general, and his assistants, the pay-
master-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 re-
view, appear on horse-back; and all other officers of
infantry, artillery, and rifle-men, shall do duty on foot.
sect. 47. If any person holding a commission in the
militia of this state, and detached to hold himself in read-
iness for service, by virtue of an act of the United States,
has been, or, during the period for which the detachment
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, discharg-
ed, or promoted.
sect. 48. Whenever colors shall be wanting in any
regiment, they shall be furnished by the quarter-master-
general, 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
o may happen, at the discretion of the captain-gene-
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. sect. 51. The commanding officer of any company of guards, shall have power to order the musicians, or any part of them, belonging to his company, to assemble at such times and places as he shall direct, for practice and instruction, not exceeding, together with the number of 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 #. is hereby authorized and empowered, to dismiss rom his company every non-commissioned officer, musician and private, belonging thereto, who shall be guilty of gross neglect of duty, disobedience of orders, or unsoldier-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 authorized to discharge commissioned officers, staff-officers and

Commander of guards may order musicians to assemble for practice, &c.

Power to dis miss from guards.

Power of the captain-general in relation to uniform ;


the discharge
of officers;

rank of regiments;

rank of companies; local limits of 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 adjutantgeneral of appointments, &c.

Rates of toll regulated.

Penalty for taking more than the legal rate of toll.

Sealed measures to be provided for each mill.

sergeants; to settle the rank of regiments, at the time of
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
companies, and to form and reduce companies, as the in-
terest 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.
sect. 54. It shall be the duty of the secretary of this
state, within one week after the rising of the general as-
sembly, to make a return to the adjutant-general, of all
such general or field officers, as shall have been discharg-
ed or appointed, at such session.

TITLE 68. Mills.
An Act concerning Mills and Millers.
SECT. 1. B'. 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.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That the cavern, land, buildings and appurtenances belonging to this state, in Granby, called New-gate Prison, shall be and remain a public gaol and work-house, for the use of this state, and shall be kept and maintained in good and sufficient repair, at the expense of this state. sect. 2. There shall be three overseers of said prison, appointed, from time to time, by the general ... as there may be occasion; who are authorized and empowered to appoint a master or keeper of said prison, as of ten as may be necessary ; which master or keeper shall be subject to be removed, at the pleasure of said overseers; and said master or keeper shall be assisted with such number of men, not exceeding ten, as shall be ordered by said overseers, in safe-guarding said prisoners, and keeping them at hard labor. sect. 3. The master or keeper of said prison, shall keep all such persons as have been, or shall be, sent there, 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 o them, by putting fetters and shackles on them, and y 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. sect. 5. The overseers for the time being, shall provide for such prisoners necessary and suitable food and 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, o shall be paid for the

8ECT. l.

New-gate prison to be a public workhouse and prison, for the state.


Keeper of the prison.


Duty of keeper, in relation to prisoners.

Power of inflicting punishment.

Keeper to render his account to overseers.

Duty of over seers.

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