of May and the first day of November, nor any general or field officer between the tenth day of June and the first day of November, unless the commander in chief under special circumstances shall think the public good requires it.

SEC. 14. Every commanding officer on duty may ascertain and fix proper bounds to his parade, not including any travelled road, within which no spectator shall have a right to enter without his permission.

SEC. 15. In case any military office shall be vacant, or in case of the absence of any officer from the limits within which he is by law required to reside, the officer next in rank under him shall have the powers and perform the duties of such office; but no staff officer shall be removed by any officer temporarily performing the duties of a higher rank.

SEC. 16. The relative rank of officers of the same grade shall be determined by the dates of their commissions; if they are of the same date by their former commissions, if any; otherwise the oldest man shall rank first.

SEC. 17. Every military officer shall be bound to account to the adjutant general, on request, for all military books, papers or any other property received from the State or from any other officer; and for all fines by him received and not expended for purposes authorized by law.

SECTION 1. The adjutant general shall have the rank of brigadier general; shall keep his office at Concord; shall distribute all orders of the commander in chief and record them in his orderly book; keep a roster of appointments and resignations, and detail officers for courts martial and other special service; shall furnish all officers who are required to keep orderly books with suitable blank books; shall furnish proper blanks to all officers who are required to use them, with suitable explanations; shall attend all

reviews by the commander in chief and inspect the militia who shall be so reviewed, and perform all other duties which belong to the office and to the office of the quartermaster general.

SEC. 2. The adjutant general shall furnish each regiment and each company of cavalry and artillery with a standard of scarlet silk, on which the number of the regiment or company shall be marked with white silk by the officer receiving the same, and shall furnish all camp equipage, musical instruments and other things which he shall be by law authorized to purchase for the militia. SEC. 3. The adjutant general shall distribute to the several officers copies of the militia law, which he shall from time to time procure for that purpose, so that each officer entitled thereto shall have a copy, and shall distribute such copies of military books as the legislature may at any time direct, taking receipts therefor.

SEC. 4. The adjutant general may sue for and recover in the name of the State, from any officer who may have resigned, or other person whatever, any books, papers or other public property or moneys received for fines not expended for purposes authorized by law, which they shall not deliver to him or his order upon request.

SEC. 5. He may in like manner sue for and recover all penalties and damages, for any injury which may be done by any person to any gun house or ordnance, or the carriage, harness or apparatus belonging thereto, or to any arms, musical instruments, military books, papers or other military property belonging to the State.

SEC. 6. He shall sue for and recover in like manner all penalties incurred by any officer for neglect to make returns as required by law; but the commander in chief may remit such penalties in cases where he shall consider such neglect excusable, upon a report of the facts made to him by the adjutant general.

SEC. 7. The adjutant general shall annually account to the State for all moneys which shall be received by him from the State, or for fines or forfeitures.

SEC. 8. The adjutant general shall give bond with sufficient sureties in such sum as the governor and council may require, not less than two thousand dollars nor more than ten thousand dollars, conditioned for the faithful discharge of the duties of his office, to be approved by the governor and council.

SECTION 1. The commissary general shall give bonds in the sum of ten thousand dollars, with sufficient sureties, for the faithful discharge of the duties of his office and for the security (casualties excepted) of the public property committed to his charge.

SEC. 2. He shall have charge of the arsenal at Portsmouth and of the artillery, arms and munitions of war and other public property which are or may be deposited therein.

SEC. 3. He shall have the charge of the arsenal at Lancaster, and shall cause to be kept therein such artillery arms and military stores as the legislature direct, to be under the care of a deputy to be by him appointed, who shall give bonds to him for the faithful performance of his duties.

SEC. 4. He shall receive from the United States all arms and equipments of every kind, apportioned to this State under the act for arming the militia, and deposit them in the arsenal at Ports

mouth.

SEC. 5. He shall deliver from the arsenal such arms as any military company or any town or city shall be by law entitled to receive, upon the certificate of the adjutant general, and receive therein any arms which may be required by the adjutant general to be there returned, and give a receipt therefor.

SEC. 6. If any such arms returned to the arsenal, shall be damaged, the commissary general shall cause the same to be repaired, and certify the actual expense of such repairs to the adjutant general.

SECTION 1. If any officer shall neglect to perform the duties of his office, or to obey the rightful order of his superiors, or shall at any time be guilty of unofficer-like or ungentleman-like conduct, he may be put under arrest by his superior officer and tried by a court martial. If any officer under arrest shall exercise any military command, he shall on conviction by a court martial be cashiered.

SEC. 2. Every arrest, with the cause thereof, shall be reported without delay by the officer ordering the same, to the adjutant general, to be laid before the commander in chief.

SEC. 3. The commander in chief on examination of the report may discharge the officer from arrest, if in his opinion the case does not call for a court martial, or may order a court martial for his trial.

SEC. 4. Every court martial shall consist of a president, four members, a judge advocate and marshal. The president and marshal shall be appointed by the commander in chief. The members with two supernumeraries from whom any vacancy shall be filled, shall be regularly detailed by the adjutant general from the general roster, from such regiments or brigades as in the opinion of the commander in chief may most conveniently furnish them.

SEC. 5. Before proceeding to any trial, the judge advocate shall administer to the president and each of the members separately the following oath :

"You swear that without partiality, favor, affection, prejudice or hope of reward you will well and truly try the cause now before

you, between the State and the person to be tried, and that you will not divulge the sentence of the court until it is approved or disapproved, and that you will not on any account at any time whatever, discover the vote or opinion of any member, unless required to give evidence thereof as a witness by a court of justice in a due course of law. So help you God."

SEC. 6. And the president shall administer to the judge advocate the following oath :

"You swear that you will faithfully and impartially discharge your duties as judge advocate on this occasion, as well to the State as the accused, and that you will not on any account at any time whatever divulge the vote or opinion of any member of this court martial, unless required to give evidence thereof as a witness by a court of justice in a due course of law. So help you God."

SEC. 7. After the president, members and judge advocate are sworn, any member may be challenged either on the part of the government or of the accused, the cause of challenging being stated in writing, and the validity thereof shall be determined by the court, the members objected to not voting. One member only can be challenged at once.

SEC. 8. Trials by court martial shall be in the day time only. SEC. 9. On all questions the opinions of the youngest member in commission shall be first taken, and so on regularly to the oldest, and unless two thirds of the members agree that the accused is guilty, he is acquitted.

SEC. 10. Courts martial may sentence any officer convicted by them to be cashiered or reprimanded in orders, or may impose a fine not less than ten dollars nor more than one hundred dollars, which may be recovered by the adjutant general in an action of debt in the name of the State, in any proper court. If any officer shall be sentenced to be cashiered, the court shall adjudge him incapable of holding any military office for life or a term of years, according to the aggravation of his offence.

SEC. 11. Courts martial are authorized to preserve order during their session, and if any person in their presence shall behave in a disorderly manner, or make any tumult in or disturb such court, and shall not upon command of the marshal desist therefrom, the court may confine such person for a time not exceeding eight

hours.

SEC. 12. Every officer to be tried by a court martial, shall be put in arrest and shall be brought to trial without unnecessary delay. A copy of the charges and notice of the time and place appointed for his trial, shall be given him at least ten days before the trial is commenced.

SEC. 13. No officer shall be tried before a court martial, for any offence committed more than one year before complaint in writing is made therefor, unless by reason of absence or other manifest impediment he shall not have been amenable to justice within that period.