[coyne] THE TALBOT PAPERS 129 
shall always appoint some fit and proper person to exercise and instruct 
in Military discipline, the men to be assembled at each of the said squad 
meetings, and that if any non Commissioned Officer or Private shall 
refuse to obey the lawful orders of his superior Officer when employed 
on Militia duty, or shall quarrel with, or insult by abusive words, or 
otherwise, any Officer, or Non-Commissioned Officer, being in the exe- 
cution of his duty, or otherwise misbehave himself whilst on duty as 
aforesaid, it shall and may be lawful to and for the Commanding Officer 
then and there present, to order every such offender or offenders to be 
taken into custody, and forthwith tried by a Court Martial, to be com- 
posed of three or more Officers of the said Militia, who, upon proof of 
the offence by the Oath of one or more credible witness or witnesses, 
(which Oath the President of the said Court Martial is hereby author- 
ized to administer) shall and may order and sentence every such offender 
to pay a fine, not exceeding five pounds, nor less than five shillings, 
at the discretion of the Court, and according to the nature of 
the offence, and in default of payment, commit such offender to the 
common Gaol of the District, for a term not exceeding one month, nor 
less than three days, or until the amount of such fine shall be paid, 
any law to the contrary in any wise notwithstanding. 
VII. And be it further enacted by the authority aforesaid, That 
in all trials by any Court Martial, other than General Courts Martial, 
the person appointed to be President thereof, shall administer to each 
of the other Members, the following Oath: You A. B. do swear that 
you will administer Justice to the best of your understanding in the 
matter now before you, accoïding to the Militia Laws of this Province, 
and the evidence which shall be produced before you, without partiality, 
favour or affection.—So help you God. And as soon as the said Oath 
shall have been administered by the President to the other Members, 
any one of the said Members shall administer the said Oath to the 
President. 
VIII. And be it further enacted by the authority aforesaid, That 
whenever it shall so happen that there shall not be a sufficient number 
of Officers present to compose a Court as aforesaid, it shall and may be 
lawful to and for the Commanding Officer to detain such offender in 
custody, until a Court can be assembled for the trial of such offender. 
Provided such Court can be obtained within twelve hours from the 
time of such confinement, and in case a Court as herein before directed, 
cannot be assembled within twelve hours, such offender shall be released 
from such confinement, and tried under the provisions of the Act of the 
forty-eighth of the King, intituled, “ An Act to explain, amend and 
Sec. II., 1907. 9. 
