MILITIA.

1579

ihern out of the limits of the said division, except when on duty,
such person shall for every such offence forfeit and pay ten
dollars, and if such arms or accoutrements shall by any of the
means aforesaid be lost or rendered useless, such person shall
also forfeit and pay the sum of fifteen dollars, and said forfeiture
shall be recovered at the instance of any commissioned officer of
the division discovering the same, and the amount paid over to
the paymaster of his regiment, to be accounted for to the corps
when ascertained by which such arms or accoutrements were
held for the purpose of replacing or repairing the same.

SEC. 74. And be it enacted, That whenever any of the pub-
lic arms or accoutrements shall within the limits of the said
division be found in the possession of any person, except as
authorized by this act, the same may be demanded by any
commissioned officer, and if refused to be delivered up, on proof
of such demand and refusal, before any justice of the peace,
said justice shall at the instance of said officer by warrant in the
name of the state, cause the person to be brought before him
and examine into the facts, and upon its appearing to said
justice that the arms or accoutrements so claimed belong to the
state, he shall order them to be delivered to said officer, and
the person holding them to pay costs, and may if necessary
commit said person to prison until said order is complied with,
and if he shall decide otherwise, said officer shall pay costs,
which shall be re-imbursed out of the fines of the regiment to
which he is attached, and the arms or accoutrements so re-
covered shall be delivered to the commanding officer of the
regiment to which said officer belongs, to be delivered to the
corps when ascertained by which they were held, and if any
officer shall neglect or refuse to comply with the duties required
of him by this section, he shall be fined a sum not exceeding
twenty dollars, in the discretion of such court martial as the
case may require.

Proceed-
ings to
recover
arms impro-
perly held.

SEC. 75. And be it enacted, That the system of tactics,
training and discipline adopted, or which may hereafter be
adopted by congress for the United States army shall be used
and observed throughout the said division, and if any officer
shall neglect, or refuse to use, practise and enforce such system
in part of the disciplining and training the militia under his
command, he shall be cashiered or fined a sum not exceeding
one hundred dollars, in the discretion of such court martial as
the case may require.

United
States
discipline
adopted.

SEC. 76. And be it enacted, That the officer appointing any
court martial or other court, created under the provisions of this
act may if he deems it necessary, appoint a judge advocate or
recorder to such court, who shall have and exercise the powers
and duties incident to said appointment

Judge advo-
cate.