SEC. 5. In case the militia, or any part thereof, shall be ordered out by the governor for escort or other duty, the payments herein prescribed shall be made for the duty performed as hereinbefore provided: Provided, that no payment shall be made to any individual of either of these classes for less than two or more than four days in each year, except for such additional day's service as the governor may require to be performed. SEC. 6. All payments prescribed in this chapter shall be made on or before the last day in the month of January in the year next succeeding the year in which said services were rendered. SEC. 7. The paymaster-general, upon receiving the returns for pay required by the fifth, sixth, seventh, eighth and ninth sections of chapter two hundred and thirty-seven, shall forthwith draw from the general treasury a sum or sums adequate to pay for military services proved thereby, and pay the same to the respective officers who have made such returns, who shall forthwith pay over the amount so by them received, to the persons entitled thereto. SECTION CHAP CHAPTER 241. OF FINES AND PENALTIES. 1. Offences of general, field, commis- 3. Offences of non-commissioned officers 4. Ordinary fines for non-attendance, &c., how regulated and collected. 5. Fine for non-attendance at brigade training, &c., what, and how recovered. 6. Neglect of non-commissioned officer to appear when drafted or ordered out in case of war, &c., how punished. SECTION 7. Neglect of assessor of taxes to prepare and deliver roll, how. 8. Neglect of town clerk to record and return roll to brigade inspector, how. 9. Persons refusing to give information for enrolment, how punished. 10. Bystanders intruding upon parade grounds, how. 11. Physicians and surgeons taking gratu ity for certificate of infirmity, &c., how. 12. Fines, penalties, &c., to whom to be SECTION 1. All offences committed by general, field, commissioned and staff-officers, and surgeons, whether consisting in disobedience of orders, or unofficerlike conduct while on duty, or during any day appropriated to military exercise, inspection or review, or in neglect or violation of any duty imposed upon them by law as officers of the militia, and whether committed in times of quiet, or of invasion, insurrection, riot or tumult, shall be punished by courts-martial, according to the usage and practice of war, by a fine not exceeding five hundred dollars, nor less than twenty dol lars; by imprisonment not exceeding six months; cashiering, with or without disability of ever after holding any military office in the state; or reprimand; either or all, with costs, at the discretion of the court; said fines and costs to be collected for the use of the state, by warrant of distress, under the hand and seal of the president of the court-martial imposing the same, directed to the sheriff of the county in which the convicted officer shall reside, who shall pay over the fine so collected to the paymaster-general. SEC. 2. The president of the court-martial which shall impose upon any officer the penalty of imprisonment, shall, by a mittimus in common form, under his hand and seal, have power to commit the convicted officer to the jail of the county in which he shall reside, for the term of his sentence; and all sheriffs, deputy sheriff's and jailers are directed to govern themselves accordingly. SEC. 3. Any non-commissioned officer or private of a chartered company, or of a volunteer corps attached thereto, who shall, while under arms or on duty, behave himself with contempt of any officer, disobey any order, or who shall conduct in a disorderly manner, join in or excite any riot or tumult, or appear in any fantastical dress, or with other arms and accoutrements than what the law requires, or who shall be guilty of any other unsoldierly conduct, shall be put under guard by the officer commanding the field, or by his order, for a time not exceeding the time the troops shall be under arms, and shall, in addition thereto, be liable to a fine of twenty dollars, to be recovered by complaint and warrant before any justice of the peace, one half thereof to and for the use of the complainant, and the other half to and for the use of the state, or be imprisoned, at the discretion of the court trying such offender, not exceeding ten days. SEC. 4. The ordinary fines and penalties of non-commissioned officers and privates for non-attendance or neglect of duty, in every chartered company, shall be regulated by and collected according to the provisions of chapter two hundred and thirty-two, section five, article five. SEC. 5. The fine for non-attendance at any brigade training, and at any encampment ordered by the major-general, or other duty ordered by the commander-in-chief, shall be six dollars, to be recovered in manner aforesaid; but no fine for non-attendance at the brigade training shall be imposed upon or recovered from any officer or private of a volunteer corps attached to a chartered company or regiment for the purpose of such training. SEC. 6. In case of war, invasion, threatened invasion, insurrection, mobs, riot or tumult, any militia soldier below the rank of a commissioned officer, ordered out, volunteered, detached or drafted, who shall neglect to appear at the time and place designated by his commanding officer, or in case of the enrolled militia, at the time and place designated by the town council or mayor and aldermen, or to place himself under the command of the officers of the chartered company into which he may have been drafted or have volunteered, shall forfeit the sum of one hundred dollars, or be imprisoned three months, either or both, at the discretion of the court who shall try such offender; said punishment to be enforced by indictment or other criminal process proper to the court in any court of competent jurisdiction in the county in which the offender may reside; or in time of actual war he may be otherwise dealt with, as the articles of war then established may direct. SEC. 7. Any assessor of taxes who shall neglect or refuse in due time to perform the duty of preparing a list or roll of all persons liable to be enrolled in the militia, within the limits of the town or city of which he is an assessor, or of placing the same in due time in the hands of the town or city clerk of such town or city, for record and return, shall be individually liable for every such refusal or neglect, to the penalty of fifty dollars, to be recovered by indictment or other criminal process, in any court of competent jurisdic tion in the county in which the offence may be committed. SEC. 8. Any town or city clerk who shall refuse or neglect to record said list or roll of names, or to make due return of the same to the brigade inspector, shall, for every such refusal or neglect, be liable to the penalty of fifty dollars, to be recovered by indictment or other criminal process as aforesaid. SEC. 9. When information is required by persons lawfully or dered or authorized to make enrolment of those liable to do military duty, or by those acting under them, any person refusing to give information of his name or age, or giving false information concerning the same; and any keeper of a tavern or boardinghouse, any parent, master or mistress of a family, refusing to give the required information, or giving false information, shall forfeit and pay twenty dollars, to be recovered by complaint and warrant, for the use of the state, before any justice of the peace in the county in which such offence may be committed. SEC. 10. Every spectator or bystander who shall intrude upon the bounds and limits of parades, shall pay the sum of ten dollars, to be recovered upon complaint of the officer in command at the time of such intrusion, by ordinary complaint and warrant before a justice of the peace, to and for the use of the state. SEC. 11. Any physician, surgeon or assistant surgeon who shall take any gratuity whatsoever from any person, for a certificate for inability to perform military duty, on account of bodily infirmities, or shall grant any such certificate, unless after critical examination, and unless such infirmity or inability be beyond all doubt such as to render the applicant unable to perform military duty, shall be liable to the penalty of fifty dollars, to be recovered by indictment, or other criminal process proper to the court, in any court of compe tent jurisdiction in the county in which such offence may be committed. SEC. 12. All fines, penalties and forfeitures collected in pursu ance of this chapter under any of its provisions, shall be paid to the paymaster-general, except those incurred for breach of orders of company officers, or the by-laws of a company, and shall constitute a military fund to be disbursed for military purposes only. SEC. 13. No moneys shall be paid out of such fund, except upon accounts, requisitions or rolls duly prepared and certified by one of the brigadier-generals commanding brigades, or by the major-general, approved by the adjutant-general and the governor. SECTION CHAPTER 242. OF COURTS MARTIAL. 1. General, field, commission and staffofficers, to be tried by courts-martial, and courts for, how in general, to be composed. 2. Courts-martial, by whom to be ordered in different cases. 3. Judge advocate, and duty of. 4. Order for court-martial, what shall designate. 5. Form of order for by commander-inchief. 6. Form, when ordered by major-general. 7. Form, when ordered by brigadier-general. 8. Notice of general court-martial, how given and reported. 9. For division court-martial, how. 10. For brigade court-martial, how. 11. General officer tried, when and by whom to be furnished with copy of order and charges. SECTION and form of oath of, and this, and other oaths how administered. 16. Judge advocate, how appointed, form of oath of, and how administered and certified. 17. Of objection to members of court, and 18. Concurrence of votes and approval, 20. Sentence of, by what process enforced 21. Contempt of process by witnesses, how to be punished. 22. Fees and expenses of witnesses of state, how allowed and paid. 23. How collected of delinquent under sentence. 12. If under field officer, when and by 24. Fees, and expenses of members and whom. 13. Witnesses in courts-martial, by whom and how summoned. 14. Charges, how made, signed and addressed. 15. Members of court to appear in uniform, officers, what and how to be paid. 25. Of judge advocate for recording and copying, what and how paid. 26. Power of commander-in-chief over sentences of courts-martial, and records of, where to be deposited. SECTION 1. General, field, commission and staff-officers, shall be subject to trial by court-martial, according to the usage and practice of war, for disobedience of orders, unofficerlike conduct while on duty, or during any day appropriated to military exercise, inspection or review, and for neglect and violation of any duty imposed upon them by law as officers of the militia; which courtmartial shall consist of not less than five, nor more than seven members, and the senior officer, who shall always be of a rank superior to that of the officer on trial, shall preside. SEC. 2. The court-martial for the trial of an officer under the grade of a field officer, shall be appointed by the commanding officer of the brigade to which he belongs; for the trial of an offi cer of the grade of field officer, by the commanding officer of the division; and for the trial of a general officer, by the commanderin-chief. SEC. 3. In every court-martial there shall be a judge advocate, who shall discharge the duties of that office according to the usage and practice of courts-martial; and no other person shall be admitted to prosecute an arrested officer. SEC. 4. Whenever a court-martial shall be ordered, the order shall designate the time and place of holding the same, the name of the officer to preside, and the names and ranks of the other officers of which the court is to be composed. SEC. 5. If the court shall be ordered by the commander-in-chief, the order shall be as follows, to wit: State of Rhode Island, sc. GENERAL ORDERS. A general court-martial is ordered to assemble at A. D. on the for the trial of such persons as may day of be brought before them, to consist of from the division, to wit: the major-general or generals, colonel or colonels, colonels. Major-general members to be taken brigadier-general lieutenant-colonel or will preside. The adjutant of the regimental company or regiment will furnish an orderly ser geant, to attend and execute the orders of the court. signed by the commander-in-chief, or by the adjutant-general by his order.) (To be SEC. 6. If a court-martial be ordered by the major-general the orders shall be as follows, to wit: day of State of Rhode Island, sc. DIVISION ORDERS. A. D. for the trial of such persons as A general court-martial of the division will assemble at on the may be brought before them, to consist of brigadier-general or generals, lieutenant-colonel or colonels, general members to wit: colonel or colonels, major or majors. Brigadier will preside. The adjutant of the company or regiment will furnish an orderly sergeant to attend and execute the orders of the court. (To be signed by the major-general, or by the division inspector by his order.) SEC. 7. If the court be ordered by a brigadier-general, the orders shall be as follows, to wit: day of State of Rhode Island, sc. BRIGADE OF RHODE ISLAND MILITIA, of such persons as shall be brought before them, to consist of |