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TITLE 6. S 25. From the sentence of any such court imposing a fine on any
delinquent, an appeal, if made within twenty days, shall be allowed to the officer instituting the court, who may remit or mitigate such penalty or fine; and in that case he shall give notice thereof to the president of the court, or to the constable or marshal directed to levy such penalty or fine, as the case shall then require.
Sec. 26. Presidents of courts-martial and of inquiry, and judge-advocates, to issue subpenas
on behalf of all parties.
$ 26. The president of every court-martial, and of every court of **** inquiry, both before and after he shall have been sworn, and also the
judge-advocate, if required, shall issue subpænas for all witnesses whose attendance at such court may in his opinion be necessary, in behalf of the people of this state, and also on application, for all witnesses in behalf of any officer charged or accused, or person returned as delinquent; and may direct the commandant of any company, to cause such subpæna to be served on any witness residing within his
beat. Oaths to wit- $ 27. The president of such court-martial or court of inquiry, shall
have power to administer the usual oath to witnesses, and shall have the same power to compel attending witnesses to be sworn, and testify, and to preserve order, as courts of common law jurisdiction; and all sheriffs, jailors and constables are hereby required to execute any
precept issued by such president for that purpose. Penalty on .S 28. Every witness not appearing in obedience to such subpæna, non-attend when duly served, and not having a sufficient or reasonable excuse,
shall forfeit to the people of this state a sum not less than ten nor more than fifty dollars; and the president of such court, shall, from time to time, report to the district attorney the names of all such delinquent witnesses, together with the names and places of residence of the persons serving such subpænas, the better to enable him to prosecute for such forfeiture.
officer to pre
$ 29. Any person or persons who shall be guilty of disorderly, ART. 3. contemptuous, or insolent behaviour in, or use any insulting or contemptuous or indecorous language or expression to or before, any court how court-martial or court of inquiry or any member of either of such courts, in open court, may be committed to the jail of the county, in which such court shall sit, by warrant under the hand and seal of the president of such court.
$ 30. Such warrant shall be directed to the sheriff or any or either fb. of the constables and marshals of any such county, or any officer attending the court, and shall command the officer to whom it is directed, to take the body of such person, and to commit him to the jail of the county, there to remain without bail or mainprize, in close confinement, for a time to be limited, not exceeding three days, and until the officer's fees for committing, and the jailor's fees be paid.
$ 31. Such sheriff shall receive the body of any person who shall Ib. be brought to him by virtue of such warrant, and keep him until the expiration of the time mentioned in the warrant, and until the officer's and jailor's fees shall be paid, or until the offender shall be discharged by due course of law.
$ 32. In the absence of the president of any court-martial, or court When senior of inquiry, the senior officer present may preside, with all the powers side. of the president; and all the members of such courts shall, when on duty, be in full uniform.
$ 33. The president of any court-martial, or court of inquiry, may Marshals. appoint by warrant, under his hand and seal, one or more marshals.
$ 34. The marshals so appointed, may not only perform the usual Ib. duties of such marshals, but may also execute all process lawfully issued by such president, and perform all acts and duties in this Chapter, imposed on and authorised to be performed by any sheriff, marshal, or constable.
$ 35. Whenever the sentence of any court-martial shall be appeal- Evidence on ed from, the officer hearing the appeal, shall require the president of appo the court-martial to furnish him, forthwith, with a statement of the case, and of the evidence touching the same.
$36. Such statement being furnished, the officer appealed to may ). hear such further evidence as the nature of the case may require ; and for that purpose, he shall have power to administer the usual oaths to witnesses produced before him, except in cases where trials may have been had upon charges preferred.
$ 37. The two last sections shall extend to appeals made from them. order of an officer approving the sentence of a court-martial.
visions of this Chapter.
2. Commissioned officers refusing to pay over monies, liable to be cashiered.
than 20 nor less than 5 dollars.
be read at every parade. 11. No actions to be maintained against members or officers of courts-martial, for the im
position of a fine upon any person regularly summoned and returned delinquent. Penalties on S 1. Every commissioned officer, for disobedience of orders, neg
lect of duty, unofficer-like conduct, or disrespect to a superior officer, or for neglecting to furnish himself with an uniform and equipments within six months after receiving his commission, shall be arrested and brought to trial before a court-martial, who may, on conviction, sentence him to be cashiered, incapacitated from holding any military commission, and fined to an amount not exceeding one hundred dollars; or may sentence him to any part of such penalties, or to be reprimanded, in their discretion ; but no penalty shall be inflicted on any officer, for appearing on parade without an espontoon.
S 2. Every commissioned officer, refusing to pay over monies in his hands, as is directed in the second Article of this Title, shall be liable to be tried and cashiered, or otherwise punished therefor, by a
court-martial. Fines of vli. S 3. Every commissioned officer of a company, and every noneinna Janä' pri- commissioned officer, musician, and private, shall, on due conviction,
be subject, for the following offences, to the fines thereto annexed :
1. Every non-commissioned officer, musician and private, for nonappearance, when duly warned or summoned, at a company parade, a fine of two dollars ; at a regimental or battalion parade, or rendezvous of officers, not less than two nor more than five dollars; and at a place of rendezvous, when called into actual service, a sum not exceeding twelve months', nor less than one month's pay.
2. Every non-commissioned officer, musician and private, for neglecting or refusing to obey the orders of his superior officers, on any
day of parade, or to perform such military duty or exercise as may be ART. 1. required, or departing from his colours, post or guard, or leaving his place or ranks, without permission, a fine not more than twenty-five, nor less than two dollars.
3. For neglecting or refusing to obey any order or warrant, to him lawfully given or directed, or to make a proper return thereof, if such return be necessary, or making a false return, or neglecting or refusing, when required, to summon a delinquent before a court-martial, or duly to return such summons, a fine not more than twenty-five, nor less than five dollars.
S 4. Every non-commissioned officer, for neglecting or refusing to Non-commisact as such, when duly appointed, shall be sentenced to pay a fine not #fusing to exceeding twenty dollars, nor less than five dollars; and every offi-" cer, for neglect of duty, or disorderly or unofficer-like conduct, in addition to other penalties, may be reduced to the ranks by the commandant of the company, with the approbation of the commandant of the regiment or battalion.
S 5. Every non-commissioned officer, musician or private, who Discharging shall unlawfully discharge any fire-arms within two miles of any parade, on the day thereof, shall be sentenced to pay a fine of one dollar.
S 6. Every non-commissioned officer and private, appearing with- Deficiency in out being armed and equipped as the law directs, at any parade or“ rendezvous, shall be sentenced to pay the following fines, namely : For want of a sufficient sword and belt, if belonging to the artillery or light artillery, and for want of a sufficient musket with a steel rod, or rifle, if belonging to a company of light infantry, grenadiers, riflemen or infantry, one dollar ; for want of a sufficient bayonet and belt, twenty-five cents; for want of a pouch, with a box therein, sufficient to contain twenty-four cartridges, suited to the bore of his musket, twenty-five cents; and whenever ordered by the commander in chief, or the commandant of the division, brigade, regiment or separate battalion, so to be equipped on parade, for want of two spare flints and a knapsack, twenty-four cartridges, shot-pouch, powder-horn, twenty balls, and a quarter of a pound of powder, twenty-five cents each ; but the whole number of spare flints, of cartridges and of balls, shall be considered each as only one deficiency.
S 7. The penalties imposed for want of bayonet, belt, and car- Limitation. tridge-box, shall not apply to any non-commissioned officer, or private, armed with a rifle, and having a powder-horn and pouch.
$ 8. Each non-commissioned officer and private, in the cavalry, Cavalry. shall be sentenced to pay, as fines, for want of a sufficient horse, one dollar; for want of a sufficient pair of pistols and holster, one dollar ; for want of a sufficient sabre, one dollar; for want of a sufficient saddle, bridle, breast-plate, valise, or cartridge box, twenty-five cents VOL. 1.
article to be
TITLE 7. each ; for want of a sufficient crupper and mail pillion, twelve and a
half cents each. Delinquents $9. The court-martial by which any delinquent is tried, may ex
cuse such delinquent, if it shall be made satisfactorily to appear to
the court, that he has a reasonable excuse for such delinquency. Part of this. S 10. The commandant of each company, except of cavalry, at read at pa- every company parade, and immediately after the roll-call, shall read,
or cause to be read, in the hearing of his company, the foregoing sec
tions of this Article, from the third to the seventh, both inclusive. Action S 11. No action shall be maintained against any member of a courtagainst memo ber of courtber of court- martial, or officer or agent acting under its authority, on account of martial.
the imposition of a fine, or the execution of a sentence, on a person
prisonment of person in jail. 14. Jailer to whom delinquent delivered, to keep him in close confinement, and for
how long. 15. Officer to whom list of delinquents delivered, to levy the fine or take body. 16. If unable to do either within the time limited, a new warrant may be issued by pre
sident. 17. Warrants may be renewed like executions from justices courts. 18. Monies arising from regimental or battalion courts-martial, to be paid to president
of court. 19. President after deducting costs, &c. to pay surplus to officer ordering court. 20. He shall, when requested, furnish to officer ordering court, statement of monies re
ceived for fines. 21. Liable to be cashiered for non-compliance with such request. 22. Presidents to prosecute officers for neglect in execution or return of warrant. 23. Monies collected for such penalties, how applied. 24. Penalties for fines upon officers, to be collected by attorney-general or district attor
ney, and paid into treasury. 25. Monies received by commandants of regiments and battalions, how applied. 26. They shall keep an account of monies received and expended by them. 27. Commandants of brigades to adjust accounts of commandants of regiments, &c. 28. If commandant of regiment, &c. neglect to pay monies, commandant of brigade to
sue for same. 29. Officers to whom monies are directed to be paid, to sue officers from whom same
are due. 30. Officers suing, may retain reasonable expenses out of money collected. 31. No objection to juror or witness, that he is a member of a regiment or battalion in
terested in the action. 32. Persons entitled to exemption, on paying the commutation fine of $4, to give no
tice of intention to do so, to commandant of company. 33. Commandants of companies to make lists of persons entitled to commute, and to
deliver same to assessor. 34. Assessor to deliver it to supervisor, and supervisor to board at next meeting. 35. Supervisors to direct collectors to collect commutation money of such persons. 36. Such money to be demanded by collector, and if not paid to be levied by distrets
and sale. 37. How collected, if person be under age, &c.