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1822 - Edocs

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Officer refusing"<br />

Master days.<br />

Court of appeal*<br />

Vacancies in star?<br />

appointments.<br />

118<br />

buch prisoners, the judge or judges, justice or justices, or<br />

aiij one ui'i.ie.n A' a judge of the ierrituiy, or any two of<br />

them, if justices of the peace of the county, if in his or<br />

th.-ir opinion the said report of the sheriff be correct, shall<br />

forthwith, together with the sheriff of the county certify<br />

the same to tne commanding officer of the militia of the<br />

county or regiment for the time heing, and it shall be the<br />

di'ty of the said commanding officer, thereupon to order<br />

out of tne militia a suitable number ofohhcers, non-commissioned<br />

oificers and privates (sufficient for guarding and<br />

safe keeping such prisoner or prisoners) by regular rotation,<br />

of duty in such manner and for such time as shall be<br />

the least inconvenient ami burtnensome to the militia,<br />

and at the same time consistent with the safe keeping of<br />

the -risoner or prisoners, if any oili< er shall refuse to<br />

ooey sucn order, ne siia.il be subject to be tried by a court<br />

martial, and be punished as )y mis act directed for disobedience<br />

of order : And if any non-commissioned officer<br />

or private snail disobey, he shall be fined by the proper<br />

court ine sum of t hive dollars to be assessed, collected<br />

and appropriate . as other militia fines.<br />

3-5. lit it further enacted, Th.il, the militia shall muster<br />

luur turns oy cnmpani-s in every year, on the second<br />

Sa urdays in Decemoer, January, February and March,<br />

and o.ic Ijy battalion for eacn battalion, and once by re-<br />

g- iieiual muster at the times and places fixed by the iieid<br />

o.occrs of each regiment: Provided nevertheless, thai<br />

t.ie commander in chief may order as many additional<br />

company, battalion or regimental musters as he ma)<br />

think proper (ov the good government of the militia anc<br />

safety of the Territory.<br />

39. Be itfurther enacted, Th.it the field officers of eacr<br />

regiment shall appoint some day after the sitting of lh<<br />

court of assessment of fines, on which it shall be their duty<br />

to convene and hold a court of appeals, and every per<br />

son thinking himself agrieved oy a decision of the cour<br />

of assessment against him shall have a right to appea:<br />

from i<br />

hat decision to the said court of appeals : Providec<br />

he tile with the judge advocate within ten days after tin<br />

court of assess. nent, a statement, containing his grie<br />

vance and intention to appeal, which statement shall bi<br />

kept by said judge advocate and presented to said cour<br />

of appeals at their next sitting. The judge advocate shal<br />

attend tnereat, and perform all the duties usually per<br />

formed by judge advocates. The party appealing shal<br />

appear and make bis defence.<br />

40. Be it further enacted, That, in all cases when va<br />

cancies may happen of a brigade inspector, brigade quar<br />

ter master, adjutant, pay master, or judge advocate whicl<br />

may not be filled for the want of proper officers to mak<<br />

such appointments, as are autnorized under the provision

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