Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-07-09

For refusing or neglecting To warn, when
ordered in n company without officers, two
hundred dollars. For refusing or neglectipg
To give notice, or training IN a company
without officers, provided in the fifty y.thlrd
section, two hundred dollars.
For loading arms OIL parade, with balls,
slugs, or shot, not less than Ave dollars, nor
moro than twenty dollars.
Sec 73 Officers shall be liable to the fol-
lowing penalties. 10 wit:
For exercising any power or authority in
tho militia, after having accepted an appoint
ment in the army Of the United States, not
more than three hundred dollars.
For disobeying any order or prccept in
time Of riot, mob, or tuiDult, not less than
one hundred dollars, nor more than five hun
dred, and ,o be cashiered aud liable to I'M
prlsonment.
The manner in which fines shall be nfllct-
cd on officers. as well al other penalties, shalI
be by court martial, according TO law.
Sec. a. When Information Is required by
persons ordered to enrolment,
Every person liable to do duty, refusing to
give information Of his name or age, or Civ
ing false information, shall forfeit and pay
twenty dollars.
Every keeper Of tavern, or boarding
house, and every parent, master or mistress
OF family, refusing 10 give information, or
giving false information, twenty dollars.
Persons in,ruding on the bounds aud limits
of parades, ten dollars.
Prosecutions for Fines.
Sec. Is. For all penalties incurred under
The provisions Of the seventeen and seven
" first sections, the commanding officer,
within len days after any Inspection, training.
review, els sctioD, or duty, at which the de-
lnquent failed to appear, or opp'arcd den
cient in arms and equipments, or with srnis
and equipments Of bad quality, the com
manding officer of the company TO which
said delinquent belongs shall cause him to
ba notified, in writing, Of the penalties III,
CURED by him and if such delinquent shall
fail 10 excuse himself TO the satisfaction ol
the commanding officer, within ten days after
such notice given, then the commanding Of
fcer may issue bis warrant for SAID penalty
or penalties, and put the same into the hands
of The sheriff, his deputy or any town ser
geant or constable in the town or county in
which such delinquent resides, who are here
by required to execute the same.
SEC. 76. Whenever the commanding Of
fcer of company shall impose fine, the
person so fined, if he claims to be exempt
fiom military duty at the time for which he
is fined, may, within ten days after notice
given him, appeal to the commanding officer
Of the regiment I; aud in all cases of appeal,
it shall be the duty of The officer to whom
the appeal Is made, 10 cause written notice
to be given to the officer imposing the fine,
who shall ,hcrcupon stay proceedings for the
collection thereof, until the appeal be deter
mined. And the officer to whom the appeal
Is made, may. OIL hearing the parties, abate
the fine and if such fine be not aba,ed, the
oific imposing the same, shall proceed to
the collection thereof And the person fined, !
may be heard by himself or his counsel,
both on the original action, and on the APP
peal. And all appeals shall be made in wr
ting, and notice thereof given to the fliccr
imposing the fine, within twenty days after
such appeal is made and no action shall be
sustained against any officer for imposing the
fine under the provisions of the seventy first
section.
Sec. II. All warrants granted for the col
lection of fines according TO the provisions
OF the preceding sections, shall be directed
to the sheriff, his deputy, or any town ser
geant or constable of tho county or town in
which the delinquent dwells which warrant
nIny be- levied on The goods or cbaitels Of said
delinquent, If of the age Of twenty one
years, and for want Of such goods and chat
such delinquent be under the age of twenty.
one years, then on the goods and chaltels Of
his parent, master, or guardian, and for want
OF such goods or chatteis, on the body Of The
same and him commit iii such fine be paid
with lawful fees for warrant and service, us
in execution for d., BIT.
Sec. 1S. All fines collected from non com
missloned officers and privates, shall be ap.
proprlated to the benefit Of the company 10
which the delinquent or delinquents shall be
long, for the purpose Of procuring music
aud defr0ylng other necessary expenses.
Prorm,d, hOurer, that any person may sue
for and recover a fine for firing muskei,
rlhe, or pistol, either going 10 or returning
from parade, one half Of SAID fine 10 the pro
sccntor. aud the other half 10 the company
aforesaid.
Sec. ~. All military fines whatever, ex-
ceFt those named in the preceding section,
aud those imposed by court martial may be
sue d for and recovered on an account of debt
III any court in this State competent TO try
the same and when collected, shall be paid
TO the General Treasurer.
Courts Martial.
Sec. 80. General. field, commission, and
staff officers, shall be subject to trial by
court martial, according to the usage and
practice OF war; for disobcdicnee of orders
unoflicer.hke conduct while on duty, or dur.
ing any day appropriated TO military cxer.
cise, Inspection or review, and for neglect OF
any duty imposed upon them by law, as Of.
fcers Of the militia which court martial
shall consist Of not less than nine nor more
Than thirteen members; and the senior oili
Ger, who shall always be of a rank superior
TO that OF the officer on trial, shall preside.
The court martial for the trial of an off
Ger under the grade Of field officer, shall
be appointed by the commanding officer of
TIE brigade to which he belongs, tor the trial
of an officer of the grade of field officer. by
the commanding officer Of the division and
for the trial of general officer, by the com.
mnnder. in.chof. In every court martial
there shall be Judge advocate, who shall
discharge the duties Of that office accor-
ding to the usage and practice of courts
martial and no other person shall be admit.
ted 10 prosecute or defend an arrested Off.
Ger. Whenever court martial shall be or.
dcred, the order shal designate the time and
place ct holding the same, The name OF the
officer to preside, and the names and ranks
ul the other officers, Of which the court is 10
BE- composed. II the court shall be ordered
hy The communicating chief, the orders shall
bc as follows, to wit:
Sr.rr OF Rhode ISLAND IS.