Page:Session Laws of North Carolina, April, 1777.pdf/4

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LAWS of North-Carolina.

A.D. 1777

rant to the Serjeant for levying the above Fines; and the Fines ſo collected ſhall be applied towards providing Arms for ſuch as have not ſufficient Property to procure ſuch for themſelves.

Court Martial eſtabliſhed, & their Power. XIV. AND be it further Enacted, That there ſhall be a Court-Martial held the Day after every General Muſter, to be compoſed of one Field Officer and Six Captains, or Subalterns at leaſt, which ſaid Court ſhall have full Power to inquire into the Age and Abilities of all Perſons inliſted, and to exempt ſuch as they judge incapable of Service; and of all Neglects and Omiſſions, as well by any Officers as Soldiers; and to hear and determine all Appeals whatever, and to diſpoſe of all Fines for the Uſe of the County; and the ſaid Court is hereby directed and required to keep a Regiſter of al their Proceedings, and for that Purpoſe to appoint a Clerk, and to allow him a reaſonable Salary out of the Fines.

Pen. for negecting to appear at General Muſters, and how recovered. XV. AND be it further Enacted, That where any Soldier ſhall neglect or refuſe to appear at any General Muſter equipt as aforeſaid, the Captain of the Company to which he belongs ſhall return him as a Delinquent to the general Court-Martial; and they are hereby directed and required to ſend Citations againſt ſuch Perſons, ſigned by the Preſident, and returnable to the next general Court-Martial; and on Failure of ſufficient Excuſe, they are hereby impowered to iſſue Execution againſt the Eſtate of ſuch Delinquent for the Fines incurred by their Neglect or Refuſal.

Pen. for reſiſting or refuſing the lawful Commands of their commanding Officer. XVI. AND be it further Enacted, That if any Soldier ſhall during the Time of any Muſter, or when in Service, reſiſt his commanding Officer, or refuſe his lawful Commands, ſuch Soldier ſhall be puniſhed at the Diſcretion of his Officer, by being tied Neck and Heels not exceeding fifteen Minutes; and if any Officer or Soldier ſhall refuſe to carry ſuch Commands into Execution, he or they ſo offending ſhall forfeit and pay the Sum of Five Pounds; to be levied by a Warrant from any Field Officer in the Regiment, and applied as other Fines mentioned in this Act.

Militia exempt from Arreſts at Muſters. XVII. AND be it further Enacted, That no Officer or Soldier going to, continuing at, or returning from any Muſter, in any reaſonable Time, ſhall be liable to be arreſted by any Officer, in any civil Action or Proceſs whatever; any Law, Uſage or Cuſtom in to the contrary, notwithſtanding.

Commiſſioned Officer to adminiſter an Oath. XVIII. AND be it further Enacted, That in all Caſes where it ſhall be required to adminiſtor an Oath relative to any military Matters, any commiſſioned Officer is hereby impowered and required to adminiſter the ſame.

Method of preſſing Wagons, Horſes, &c. for the Service of the State. XIX. AND to prevent Oppreſſion, Be it further Enacted, That no Officer or Soldier of the Militia, or Regulars in this State, ſhall preſs any Waggon, Cart, or Horſe, Arms or other Things of any nature whatſoever, unleſs authoriſed thereto by Warrants under the Hands and Seals of Two Juſtices of the Peace (not being militia Officers then in actual Service) of the County where ſuch Preſs ſhall be neceſſary: And any Officer or Soldier, before he ſhall preſs any Thing as aforeſaid, ſhall demand the
ſame