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fail to call forth such officers and men as shall from time to time be legally called from his company, upon any call from the governor, or on invasion or insurrection in the county or district, or requisition from an adjacent county or district, or failing on any such occasion to repair to the place of rendezvous, for such neglect or refusal he shall be cashiered or fined at the discretion of a general court-martial, in any sum not exceeding one hundred dollars, nor less than five dollars.

Desertion, how to be punished.

Art. 4th. If any militia man shall desert while he is on a tour of duty, he shall be fined not exceeding one hundred dollars, and be obliged to march on the next tour of duty, under the same penalties as the first; if a non-commissioned officer shall so desert, he shall be degraded and placed in the ranks, and shall pay a fine not exceeding two hundred dollars, and be obliged to serve another tour as a private.

Art. 5th. Every general court-martial shall consist of thirteen members, exclusive of the judge advocate, all of whom shall be commissioned officers, not under the rank of captain, and the officer highest in rank shall preside.

Art. 6th. Every regimental court-martial shall

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be composed of five members, all commissioned Regimental officers, one of their members president, not tial. under the rank of captain.

Art. 7th. All members of a court-martial are Members, to behave with decency and calmness, and in giving their votes are to begin with the youngest in commission.

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Art. 8th. No commissioned officer shall be commistried but by a general court-martial, nor by cers to be officers of an inferior rank, if it can be avoided, generai nor shall any proceedings or trials be carried tial. on, except between the hours of eight o'clock in the morning and three o'clock in the afternoon, but courts-martial may adjourn from day to day, May adjourn excepting in cases where the militia shall be in day. actual service in time of war, and when in the opinion of the officer appointing the court, an immediate example is required.

Art. 9th. The judge advocate shall prosecute Judge adroin the name of the state, but shall so far consider prosecute, himself as counsel for the prisoner as to object to any leading question to any witnesses, or any question to the prisoner, the answer to which might lead to criminate himself.

Art. 10th. When a non-commissioned officer, Proceedings musician or private, is confined under guard, his sons are crime shall be lodged with the officer of the guard.

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Witness to give testimony on oath, etc.

guard within twelve hours after the prisoner's confinement, otherwise the prisoner shall be set at liberty.

Art. 11th. In every court-martial, not less than two-thirds of the members must agree

in every sentence for inflicting any punishment, otherwise the person charged shall be acquitted.

Art. 12th. The president of each and every court-martial, whether general or regimental, shall require all witnesses, in order to the trial of offenders, to declare on oath or affirmation, that the evidence they shall give is truth, the

whole truth and nothing but the truth. And Members of the members of all such courts shall take an

oath or affirmation as follows, to-wit: "I
do solemnly swear (or affirm as the case may be)
that I will hear and determine according to evi-
dence, to the best of my understanding and the
custom of war in such like cases, between the
state of Ohio and

now to be tried; that I will not disclose the opinion of this court, until approved or disapproved by the commanding officer or commander in chief (as the case may be) and that I will not at any time, discover or disclose the opinion of any particular member, unless called upon to give evidence thereof by a court of justice, in due course of law.” Which

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oath shall be administered by the judge advocate By whom
to the president and members.

Art. 13th. The judge advocate shall be ap- Judge advo-
poined by the officer ordering the court-martial, appointea.
and shall take the following oath or affirmation, to take an
which shall be administered by the president,
to-wit: "I,

do swear (or affirm as the form there-
case may be) that I will faithfully execute the
office of judge advocate to this court, now met
for the trial of - to the best of my liabil-
ities and understanding and the custom of war
in like cases, and that I will not disclose nor
discover the opinion of this court-martial, until
approved or disapproved of by the commanding
officer, and that I will not at any time disclose
or discover the vote or opinion of any member,
unless called upon by a court of justice to give
evidence thereof in due course of law.” It shall
be the duty of the judge advocate to keep a
record of the whole proceedings of the court, His duty.
taking into view the depositions of all witnesses
that may be introduced.

Art. 14th. Courts-martial shall appoint a pro- Provost-
vost marshal, whose duty it shall be to summon duty.
all witnesses, having received process for that
purpose from the president of the court, to exe-
cute the orders of the court and keep bystanders

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Witnesses
refusing to

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Officers, etc. transgressing not suffered to do duty until tried.

from interrupting the court whilst sitting; and

all persons called as witnesses in any case beattend, how fore a court-martial, who shall refuse to attend

and give evidence, shall be censured or fined at the discretion of the court, in any sum not exceeding fifty dollars.

Art. 15th. No officer or private being charged with transgressing these rules, shall be suffered to do duty in the regiment, company or troop to which he belongs, until he has had his trial by a court-martial, and every person so charged shall be tried as soon as a court-martial can conveniently be assembled.

Art. 16th. If any non-commissioned officer or non commis private shall think himself injured by his lieu

tenant colonel or commanding officer of the regijured by his ment, and shall' upon due application made to

him, be refused redress, he may complain to the brigadier, who shall direct three commissioned officers to enquire into the nature of the complaint, and if they report that the person complaining, in their opinion, has been injured, the brigadier general shall then direct the brigade inspector, at a certain time and place, to summon a general court-martial, for the purpose of doing justice to the person complaining, and

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