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have power to approve or disapprove all sentences passed by courts martial, and mitigate or remit any punishment or punishments awarded by them, or any part thereof; and the record of all proceedings and sentences of courts martial, and of the approval, mitigation or remission by the commanderin-chief, shall be deposited by the respective judge-advocates in the office of the adjutant general.
BOARD OF OFFICERS AND COURTS OF ENQUIRY. Sec. 75. The commander-in-chief, whenever in his opinion it shall be necessary, may call boards of officers for settling military questions, or for other purposes relative to good order and discipline.
Sec. 76. General, division and brigade courts of enquiry, shall consist of three officers and a judge-advocate, to be appointed by the commander-in-chief; and they may be ordered and organized in the like manner as courts martial, and under the same regulations, may examine intu the nature of any transaction, or any imputation or accusation against any officer made by an inferior.
All vacancies shall be filled as in courts martial.
The judge-advocate shall administer to each of the officers composing a court of enquiry, the following oath or affirmation:
You, A. B., do swear, or affirm, that you will well and truly examine and enquire into the matter now before you, without fear, favor, partiality, prejudice, or hope of reward : so help you God. Or, this affirmation you make and give upon the penalty of perjury.
After which the president shall administer to the judge-advocate the following oath :
You, A. B., do swear, that you will impartially record the proceedings of the court, and the evidence to be given in the case now in hearing : so help you God. Or, this affirmation you make and give
upon the penalty of perjury. Witnesses shall be summoned in the same manner, take the same oath, and be examined and cross-examined by the parties in the same way as on trials before courts martial ; but the court shall not give their opinions on the merits of the case unless specially required so to do. All the proceedings therein shall be recorded, and with the papers and documents used therein, authenticated and transmitted by the judge-advocate, to the officer who ordered the court.
SEC. 77. The pay and fees of boards of officers and courts of enquiry shall be the same as in courts martial.
Sec. 78. All acts heretofore passed in relation to the militia of this state which are inconsistent with the provisions of this act, shall be and the same are hereby repealed: provided, that all penalties or punishments which have been incurred under the act entitled “an act to regulate the militia,” passed at June session, 1843, may be prosecuted and proceeded for and inflicted in the same manner as if this act had not been passed : provided, however, that the charters and corporate rights of the existing chartered companies of this state, who shall not accept the provisions of this act, shall be wholly unimpaired thereby: and provided, further, that the rights of property of the existing chartered companies, who do accept the provisions of this act, shall in no case be impaired or affected thereby, and the corporate name of such company shall be retained in business transactions therewith, and that upon the repeal of this act, they shall be remitted to all the corporate rights and privileges heretofore by them enjoyed. SEC. 79. This act shall
This act shall go into operation immediately after the rising of the general assembly at the present session.
An Act in amendment of an act entitled “An Act to regulate
the act amended-captain of regimen.
company to be returned to governor
It is enacted by the General Assembly, as follows:
SECTION 1. The fortieth section of said act is so far amended that each commanding officer of a regimental company may order out his company on any day during the month of May in each year, for inspection and drill, at the hour and during the period of the day of said inspection and drill in said section mentioned or permitted ; instead of being required to inspect and drill his company on the third Monday of May in each year, as is by said section required.
SEC. 2. Nothing in said act shall be so construed as to require a return to the governor and senate by a regimental company, of other than the names of the officers elected, for the purpose of entitling the officers elect to their commissions.
Passed May session, 1844.
An Act in amendment of an act entitled “An Act to regulate
one captain and one lieutenant in ad.
dition to their other officers. 2. When act shall take effect.
It is enacted by the General Assembly, as follows :
SECTION 1. In addition to the commissioned officers by law provided for each regimental company on the peace establishment, each regimental company is hereby empowered, at the time by its charter or by law provided, to elect one captain and one lieutenant, to be commissioned by the governor, for the term by the charter of such regimental company or by law required; who shall not necessarily be appointed adjutant, quarter-master or paymaster of such regimental company by the colonel thereof.
Sec. 2. This act shall go into effect immediately after the rising of the general assembly; and the first election of a captain and lieutenant under the same may be made by the several regimental companies at any time within the term of sixty days after the rising of the general assembly; and upon return of such elections made to the governor, he is hereby authorized and requested to issue commissions to the officers so elected.
Passed June session, 1844.
An Act for the preservation of Oysters and other Shell Fish
within this State. SECTION
SECTION 1. No oysters to be taken from the com in Point Judith Ponds by under-rake.
mon fisheries between the 15th May 6. Inhabitants of this state only allowed and 15th September.
to take oysters, &c. Citizens of Massa2. No quahaugs or clams from Long Bed chusetts may take quahaugs and clams.
or West Bed during said time. 7. Penalty for breaking up oyster bed. 3. No person to take more than three 8. Commissioners of shell fishery an
bushels of oysters within twenty-four nually appointed. hours, except, &c., nor plant on pri- 9. Duty and power of commissioners. vate bed, oysters taken from common 10. Same subject. fishery.
11. Penalty for destroying, &c., bounds 4. Dredges, &c., on board vessel or oth of oyster beds. erwise, prohibited.
12. Penalty for taking oysters from pri5. Vessel using dredge may be seized vate bed.
and forfeited. Oysters may be taken 13. When act shall take effect, &c.
It is enacted by the General Assembly, as follows:
Section 1. No person shall take any oysters from the free and common oyster fisheries in any of the waters of this state, or expose any oysters for sale taken therefrom within this
state, at any time between the fifteenth day of May and the fifteenth day of September in each year, on pain of forfeiting the sum of twenty dollars for each offence; 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.
Sec. 2. No person shall take any quahaugs or clams from Long Bed, West Bed, or from Great Bed, so called, in Providence river, between the fifteenth day of May and the fifteenth day of September in each year, on pain of forfeiting the sum of twenty dollars for each offence; to be recovered in the manner and to the uses aforesaid.
Sec. 3. No person shall take from any of the free and common oyster fisheries within the waters of this state, excepting the free and common oyster fisheries in Point Judith ponds in the town of South-Kingstown, during each twentyfour hours, more than three bushels of oysters, including shells, for each person actually engaged in taking the same, on pain of forfeiting the sum of twenty dollars for every bushel so taken over and above said three bushels; and no person shall plant upon any private bed any oysters taken from the free and common oyster fisheries of this state, on pain of forfeiting twenty dollars for every bushel so planted; each penalty of twenty dollars to be recovered by separate complaint and warrant in the manner and to the uses aforesaid.
Sec. 4. No person shall within any of the waters of this state take any oysters with dredges, or with any other instrument, or by any other method more destructive to oyster beds than the usual method of taking them by oyster tongs, or shall with such dredge or other instrument as aforesaid rake over any oyster bed under any pretence or for any purpose whatever, or shall have such dredges or other instrument as aforesaid on board any boat or vessel employed in taking oysters within the waters of this state; on pain of forfeiting the boat or vessel with its tackle, apparel and furniture, and all implements thereto belonging, on board of which such dredge or other instrument aforesaid may have been used, or may be or may have been found ; and in addition thereto, each and every person on board such boat or vessel shall forfeit and pay the sum of three hundred dollars. Said forfeiture and penalties shall be recovered by indictment before any court of competent jurisdiction, in which indictment all or any of the persons on board such boat or vessel may be joined; the one half part of the price of such boat or vessel with its tackle, apparel, furniture and implements, upon sale ordered by the court, and
of said penalties, to be recovered to and for the use of the state, and the other half part thereof to and for the use of the person who shall prosecute for the same.
Sec. 5. Any justice of the peace within this state may, on complaint made to him on oath, setting forth that the complainant believes that any dredge or other instrument as aforesaid hath, within the waters of this state, been used from, or is or has been within the waters of this state, on board of any boat or vessel employed in taking oysters within the waters of this state, may issue a warrant directed to the sheriff or his deputy of the county in which such justice resides, commanding him to seize and hold such boat or vessel, with its tackle, apparel, furniture and implements as aforesaid, and to bring before him, or some other lawful authority, to be bailed or committed for want of bail, all persons on board the same; in order that said persons and property may be proceeded with in manner aforesaid, before some court of competent jurisdiction to try the same. The court for trial before whom said persons may be bailed or committed, before final trial, in term time, or any justice thereof in vacation, may deliver such boat or vessel, with its tackle, apparel, furniture and implements, to the claimant thereof, upon appraisal and bond. Upon conviction of all or any of the persons on board said boat or vessel, the same, with its tackle, apparel, furniture and implements aforesaid, shall be sentenced to be sold by the sheriff or his deputy seizing the same, in the same manner as personal property levied on execution; whether the owner of such boat or vessel was on board the same at the commission of the offence, or sanctioned such unlawful use of the same, or not: provided, however, that nothing in this or the preceding section mentioned shall be so construed as to prevent any citizen of this state from taking oysters in Point Judith ponds, in South-Kingstown, by a certain instrument long used in said ponds, known by the name of an under-rake, and described as follows: the handle of said rake being fifteen to twenty feet in length, the head from one to two feet in length, filled with iron teeth from six to ten inches in length, and mostly used through holes cut in the ice.
Sec. 6. No person shall take any oysters, quahaugs, clams or other shell fish within the waters or on the shores of this state unless he be an inhabitant thereof, and domiciled therein ; and every citizen of any other state or country who shall at any time take any oysters, quahaugs, clams or other shell fish within the waters or on the shores of this state, shall