CHAP. 16. Oath of members. Oath of prosecuting officer. Deportment of members; mode "You swear, that you will well and truly try and determine, according to your evidence, the matter now before you, between the state of Maine and the prisoner to be tried; that you will duly administer justice, according to the rules and articles for governing the troops of the said state, without partiality, favor or affection; and, if any doubt shall arise, which is not explained by the said articles, according to your conscience, the best of your understanding, and the custom of war in like cases; that you will not divulge the sentence of the court, until it shall be approved of by the commanding officer; and that you will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence, as a witness, by a court of justice in a due course of law. So help you God." Which oath being administered to the members of the court, the president shall administer the following oath to the person, prosecuting as aforesaid: "You A. B., do swear, that you will not, upon any account, at any time whatsoever, disclose, or discover, the vote or opinion of any particular member of the 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." XL. All members of a court martial are to behave with calmof giving votes. ness and decency; and in the giving their votes are to begin with the youngest in commission. Witnesses to be examined under path. Form of oath. No sentence of death, without concurrence of two thirds of the members. Punishment for refusal of wit XLI. All persons, who give evidence before a court martial, shall be examined upon oath; which oath shall be administered by the president of the court martial, in the following form: "You swear, the evidence you shall give, in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God." XLII. No sentence of death shall be given against any offender, by any general court martial, unless two thirds of the members shall concur therein. XLIII. All persons, called to give evidence in any cause before a court martial, who shall refuse to give evidence, shall be punished nesses to testify. for such refusal, at the discretion of such court martial. Rank of officers XLIV. No field officer shall be tried by any person, under the degree of a captain: nor shall any proceedings or trials be carried Proceedings to on, excepting between the hours of sunrise and sunset. for trial of a field officer. be between sunrise and sunset. XLV. No sentence of a court martial shall be put in execution, until after report shall be made to the commanding officer, where Sentence to be the court martial shall be held; and his orders to be issued for carrying such sentence into execution. reported to commanding officer. Regimental XLVI. The commissioned officers in any regiment may, by the courts martial. appointment of their colonel or commanding officer, hold regimental courts martial for the inquiring into such disputes, or criminal matters, as may come before them, and for inflicting punishment for small offences; and shall give judgment by the majority of voices; but no sentence shall be executed till the commanding officer, not being a member of the court martial, shall have confirmed the same. XLVII. No regimental court martial shall consist of less than five officers, excepting in cases where that number cannot be conven How constituted. iently assembled, when three may be sufficient; who shall likewise CHAP. 16. determine upon the sentence by the majority of voices. Majority to de Commanders of forts may order XLVIII. Any officer, commanding in a fort, castle, barrack or cide. elsewhere, where the corps under his command consists of detachments from different regiments, or of any independent company or courts martial. companies, may assemble courts martial for the trial of offenders, in the same manner, as if they were regimental; whose sentence shall not be executed, until it shall be confirmed by the said commanding officer. XLIX. No person, whatsoever, shall use menacing words, signs Disturbance of or gestures in the presence of a court martial then sitting, or shall courts martial. cause any disorder or riot, so as to disturb their proceedings, on the penalty of being punished at the discretion of the said court martial. L. To the end that offenders may be brought to justice, when- Offenders to be arrested previever any officer or soldier shall commit a crime deserving punishous to trial. ment, he shall, by his commanding officer, if an officer, be put in arrest, if a non commissioned officer or soldier, be imprisoned until he shall be either tried by a court martial, or shall be lawfully discharged by proper authority. LI. No officer or soldier, who shall be put in arrest or imprison- Confinement ment, shall continue in his confinement more than eight days, or until such time, as a court martial can be conveniently assembled. LII. No officer, commanding a guard, or provost marshal, shall refuse to receive or keep any prisoner, committed to his charge by any officer, belonging to the forces of this state; which officer shall, at the time of commitment, deliver an account in writing, signed of accusation. by himself, of the crime, with which the prisoner is charged. limited to eight days, or until a court martial ed. can be convenBy whom prisoner shall be kept. Notice oner. LIII. No officer, commanding a guard, or provost marshal, shall Punishment for presume to release any prisoner committed to his charge, without releasing prisproper authority for so doing, nor shall he suffer any prisoner to escape, on the penalty of being punished for it by the sentence of a court martial. custody, to re in chief. LIV. Every officer, or provost marshal, to whose charge prison- Officers having ers shall be committed, is hereby required, within twenty four hours prisoners in after such commitment, or as soon as he shall be released from his port to colonel guard, to give in writing to the colonel of the regiment, to which or commander the prisoner belongs, when the prisoner is confined upon the guard belonging to the said regiment, and his offence only relates to the neglect of duty in his own corps, or to the commander in chief, their names, their crimes, and the names of the officers, who committed them, on the penalty of his being punished for disobedience or neglect, at the discretion of a court martial. LV. If any officer, under arrest, shall leave his confinement, Officer under arrest leaving before he shall be set at liberty by the officer, who confined him, or his confineby a superior power, he shall be cashiered for such his offence. ment. disgraceful conduct in an offi LVI. Any commissioned officer, who shall be convicted, before Punishment for a general court martial, of behaving in a scandalous, infamous manner, such as is unbecoming the character of any officer and gentle- cer. man, shall be discharged from the service. LVII. All officers, conductors, gunners, matrosses, drivers, or any other person whatsoever, receiving pay or hire in the service of the state artillery, shall be governed by the aforesaid rules and articles, Officers, gunners, matrosses, nected with ar and others con CHAP. 16. and shall be subject to be tried by courts martial, in like manner with other officers and soldiers. tillery, subject to these rules. To be tried by their own offcers, if practi cable. No sentence of death, except as expressly provided. Fines to be ap propriated to sick or necessitous soldiers. Offences not not herein spec LVIII. For differences arising amongst themselves, or in matters relating to their own corps, the courts martial may be composed of their own officers; but where a sufficient number cannot be assembled, or in matters, wherein their corps are interested, the officers of artillery shall sit in courts martial, with the officers of other corps. No person shall be sentenced to suffer death, except in the cases, expressly mentioned in the foregoing articles. LIX. LX. The field officers of each and every regiment shall appoint some suitable person, belonging to such regiment, to receive such fines, as may arise within the same, for any breach of any of the foregoing articles, and shall direct the same to be properly applied to the relief of such sick or necessitous soldiers, as belong to such regiment; and such persons shall account with such officer for all fines received, and the application thereof. LXI. All crimes, not capital, and all disorders and neglects, capital, though which officers and soldiers may be guilty of, to the prejudice of good ified, to be tried order and military discipline, though not mentioned in the foregoing by general or articles, are to be taken cognizance of by a general, or regimental, regimental court martial, according to the nature and degree of the offence, and be punished at their discretion. courts martial. Officers or soldiers accused of authority. LXII. Whenever any officer or soldier shall be accused of a certain crimes, capital crime, or having used violence or committed any offence to be surrender- against the person or property of the good people of this or either ed to the civil of the United States, such as is punishable by the known laws of the land, the commanding officer or officers of every regiment, troop or party, to which the person or persons, so accused, shall belong, are hereby required, upon application duly made by, or in behalf of, the party or parties injured, to use his utmost endeavors to deliver over such accused person or persons to the civil magistrate; and likewise to be aiding and assisting the officers of justice in apprehending and securing the person or persons, so accused, in order to bring them to trial. And if any commanding officer or officers shall wilfully neglect, or shall refuse, upon the application aforesaid, to deliver over such accused person or persons to the civil magistrate, or to be aiding and assisting the officers of justice in apprehending such person or persons, such officer or officers, so offending, shall be cashiered. TITLE THIRD. Provisions respecting education, religious instruction, the public health, convenience, support of the poor, and police. CHAPTER 17. Of the education of youth. 18. Of parishes and ministerial lands. 19. Of meeting houses. 20. Of ministerial and school lands, and the funds arising therefrom. 21. Of the prevention of contagious sickness. 22. Of the practice of physic and surgery. 23. Of burying grounds. 24. Of drains and common sewers. 25. Of ways. %. Of the law of the road. 27. Of ferries. 28. Of work houses. 29. Of fences and common fields. 30. Of pounds and impounding beasts. 31. Of keeping watch and ward in towns; and disorders in streets and public 32. Of paupers, their settlement and support. 33. Of engines, enginemen and fires. 34. Of the safe keeping of gun powder, and prevention of fires. 35. Of gaming for money, or other property. 36. Of innholders, common victualers, and retailers of spirituous liquors. 37. Of preventing abuses in distilling strong liquors. 38. Of recording births and deaths. 39. Of public shows and exhibitions. 40. Of mischievous dogs. 41. Of destruction of moose and deer. 42. Of destruction of wolves and bears. CHAP. 17. CHAPTER 17. OF THE EDUCATION OF YOUTH. ARTICLE I. OF THE GENERAL DUTIES OF SECT. 11. Proceedings, if scholars be not TOWNS. SECT. 1, 2. Establishment of school dis tricts. 3. District agents, how chosen. 5. Such districts to choose their own agents. 6. Money to be raised for support of ⚫ 7. Apportionment thereof to the dis- 3. Excess raised, beyond the amount required. furnished with books. 12. Superintending school committee. 15. Towns may compel districts to 18. Similar proceedings, if district be 9. Apportionment to districts, formed ARTICLE II. OF THE POWERS AND OBLI in two or more towns. 10. Forfeiture for neglect to raise the amount required. GATIONS OF SCHOOL DISTRICTS, AND THE CHAP. 17. SECT. 20. School districts, declared to be SECT. 45. Forfeiture for teaching, without Establishment of school districts. 1834, 129, § 6. 7 Fick. 106. Same subject. 4 Mass. 534. 5 Pick. 323. 11 Pick. 260. 12 Pick. 206. District agents, hpw chosen. 1834, 129, § 3. 21 Pick. 75. Formation of corporations. 21. How to be named or described. 22. Who are legal voters. 23. Mode of calling meetings. 24. Manner of notifying. 25. Districts may prescribe the mode 26. Moderator and clerk. 27. School district committee. 28. General powers of school districts. 30. Assessors to assess the same, with- 31. Mode of collection. 32. Powers of collectors. 33. Powers of town treasurers in such 34. Abatements of such taxes. 36. Compensation of assessors and 37, 38. Of schools to be kept by mis- 39. Ages for admission to schools of 40. Districts to elect agents, by ballot. ARTICLE III. OF THE DUTIES AND POW- INSTRUCTORS. 41. Powers and duties of superintend- 42. Powers and duties of school agents. certificates of qualification. 46. Districts formed in more than one town, how superintended. 47. Instructors in colleges, academies and schools to inculcate morality and virtue. ARTICLE IV. SPECIAL PROVISIONS RE LATING TO THE REGULATION AND EN- LITERARY INSTITUTIONS. 48. Forfeitures, how recovered and appropriated. 49. Penalty for wrong appropriation of forfeiture. 50. State school fund, arising from sale of land. 51. Tax on banks. 52. Selectmen to make statistical re- 54. Treasurer to apportion the school 55. Secretary to furnish, to selectmen, blank forms for returns. 56. Tenure of office, of presidents of colleges. 57. Graduation fees to be paid into college treasuries. 58. Innholders and certain others, not to give credit to students. 59. Persons violating this provision, 60. Forfeiture for such violation. ARTICLE I. OF THE GENERAL DUTIES OF TOWNS. SECTION 1. The school districts, in the several towns in this state, shall remain as now established, until altered or discontinued, according to law. SECT. 2. The inhabitants of every town, at their annual meeting, may determine the number and limits of the school districts, within such town; and, if necessary, may divide or discontinue any such district; or annex it to any other district, in such town, with such reservations and conditions, as may be proper to preserve the individual rights and obligations of the inhabitants thereof. SECT. 3. Every town, at its annual meeting for the choice of town officers, shall choose an agent for each school district in such town; or, at such meeting, the town may, by vote, authorize the several school districts, to choose one or more agents for themselves, for the year ensuing. SECT. 4. Whenever it shall be found convenient to form a school |