The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1832-02-07

court Of competent jurisdiction, in the
county whore the offender resides aud
the defendant in such action shall, in no
event, recover costs, and no appeal shall
be allowed to either party and the off,
GERS aforesaid shall, moreover, be liable
to be arrested for such offence and cas-
biered, or punished with other inferior
punishment, by sentence ofcourt martial;
and where said companies are not attach
ed to any battalion, regiment or brigade,
returns shall be made to the adjutant
general, on or before the lst day of DC.
tober, annually, under the same penalties.
Sec. IA. And be il further enacted, That
every commanding officer Of any company
who shall neglect to parade and train his
company, and every commanding officer OF
any regiment who shall neglect to parade and
train his regiment, and the Commissioned staff
officers and sergeants 10 his regiment, agree.
ably to the provisions of this act, without suf.
6cient excuse, shall be tried by court martial,
end It found guilty, shall be broken and re-
duced to the ranks.
Sec. Is. And be il further enacted, That
the several military officers authorised by law
10 sue or prosecute for any fine or forfeiture,
may, on receiving q satisfactory excuse from
the person who shall have incurred such fine
or forfeiture, release and excuse such persop
therefrom; and every excuse as aforesaid
shall be in writing. signed by the person max.
ing the same, and shall be delivered 10 the
officer, whose duty 1t shall be TO sue or pross.
cute for said fine or forfeiture, within four.
teen days after the same shall have been in.
Cured: and in case any person shall be sued
or prosecuted for such fine or forfeiture 40
aforesaid, and in case he shall have rendered
his excuse in writing, in manner aforesaid,
he shall give in evidence on tho trial, such
matter only as is set forth in his said excuse;
but II he shall not have rendered bis excuse
IN writing as aforesaid, ho may give in evi.
dence any matter OF which he can legally q.
vail hlmselfin his defence and il, on hearing,
he shall DC discharged from the fine or for.
ieituIe, ne shall recover no cost and in case
no shall be above the age Of eighteen, and
under the age Of forty i've years, and shall
not be exempted from military duty by the
second section Of the act Of Congress, recited
in the act Of which this act is in mendment.
nor by any Of the acts of this General Assem-.
bly,, and shall not have rendered his excuse
In writing as aforesaid, he shall, though dis.
charged from the fine or forfeiture, be sub.
j,ett to the payment Of all legal costs which
shall have accrued in said suit or prosecution,
and judgment shall be rendered against him
for costs accordingly.
Sec. l6 And be 1t further enacted, That
II any person appon ed commanding officer
OF any brigade, regiment, battalion, troop or
company, shall decline accepting his appoint
ment to such Office, he shall, within forty days
from the rising Of the General Assembly, a,
which such appointment shall have been
made, signify in writing his non. acceptance
Of such appointment, to the officer entitled to
the command Of such brigade, regiment, bat.
talon, troop or company, agreeably TO the
tenth section of,his act and any person np
pointed to such Office, who shall have failed
to signify his non-scceptance in writing as
aforesaid, and shall neglect or refuse to tako
HE engagement, according to law, upon his
commission, shall forfeit and pay 40 fine as
follows: IL appointed commanding officer Of q
brigade, forty dollars If appointed command-
ing ofhcer Of a regiment or battalion, thirty
dollars; and il appointed commanding officer
ola troop Or company, twenty five dollars; to
be sued for and recovered by the adjutant
general, in an action Of the case, before any
court Of competent Jurisdiction, in the county
where the offender resides.
Sec. IL. And be it further enacted, That
the seventh and thirteenth sections ofthe act
Of which this act is in amendment, and the
act passed at the June session ofthis Assem-.
bly,, A. ID. 1881, entitled "an act to amend an
act entitled an act 10 organise the militia"
be and the same arc hereby repealed.
True copy: Witness,
HENRY BOWEN, Sec'ry.