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signed by the brigadier general, or the brigade major, by his order.)

For a general court martial, the adjutant general shall notify all general officers, and give notice of the other officers detailed, to the division inspector or brigade majors, who shall notify said officers, and make return thereof to the adjutant general. In a division court martial, the division inspector, or an aid-de-camp, under the direction of the major general, shall notify the general officers, and give notice of the other officers detailed, to the respective brigade majors, who shall notify the field officers required of their brigades, and make return thereof to the major general. For a brigade court martial, the brigade major shall notify the field officers required to serve on said court martial, and notify the respective adjutants, of the other officers detailed; and the adjutant of each regimental company or regiment shall notify them, and make return thereof to the brigade major; and if the officer to be tried be a general officer, he shall be furnished with a copy of the order for said court, and a copy of the charges against him by the adjutant general, or by the division inspector, or by a brigade inspector, as the commanderin-chief shall direct, thirty days before the sitting of said court; who shall make return thereof, with the names of the officers composing said court; and the officer to be tried, if under the rank of a field officer, shall be furnished with like copies twenty days before the sitting of the said court, by a brigade major or inspector, or by the adjutant of the regimental company or regiment to which he belongs, or to which, if an officer of a volunteer corps, his corps is attached, as the officer ordering the court martial shall direct; who shall return the same, and the names of the officers composing the court, to the judge-advocate of the court; and it shall be the duty of the said judge-advocate to summon, or cause to be summoned, such witnesses on the part of the state as may be necessary, by subpoena signed by the officer ordering the court, or by the president thereof, or by said judge advocate; and the accused shall be entitled to like process, to procure the attendance of his witnesses; which process shall be served by the judge-advocate, or by any disinterested person deputed by him. All charges shall be made out in due form, by way of complaint, and signed by the party complaining, and addressed to the officer whose duty it is to order the court; specifying the act or neglect of which the accused is supposed to be guilty, and praying due process, before said officer shall

order a court martial for the trial of the officer accused. The members of the court shall appear in full uniform, and before they enter upon the trial of any person accused shall take the following oath, to wit: "You swear, (or affirm,) that you will truly try and determine according to the evidence given. in court, the matter depending between this state and the officer, (or officers,) now to be tried; and that you will not divulge the sentence of the court until the same has been approved or disapproved, pursuant to law; and that you will not at any time disclose the vote or opinion of any member of this court, unless required to do so in due course of law: so help you God. (Or, this affirmation you make and give upon the peril of the penalty of perjury.") And the foregoing oath shall be administered by the judge-advocate; but all other oaths which it may be necessary to administer during the continuance of the court, may be administered either by him or any general or field officer.

SEC. 72. There shall be appointed by the officer ordering the court martial, a judge-advocate for each court martial, who shall perform all the duties of that office, and who shall take the following oath, to wit: "You swear, (or affirm,) that you will not, at any time whatever, disclose the vote or opinion of any member of this court martial, unless required by due course of law, nor divulge the sentence of the court until the same has been approved or disapproved according to law; and that you will faithfully and impartially discharge the duty of judge-advocate, according to the best of your abilities: so help you God. (Or, this affirmation you make and give upon the peril of the penalty of perjury.") And said oath may be administered by a judge of any court, or any justice of the peace in the state; and a certificate thereof shall be made on the warrant of the judge-advocate by the person administering the oath.

SEC. 73. If, on trial, the accused shall object to any one or more members of the court, he shall state the ground of his objection, and if it appear to the court sufficient, the member or members objected to shall leave their seats; and if the number remaining be less than five, the court shall be adjourned for a reasonable time, that the officer ordering the court may detail others to supply the place or places vacated by such member or members. No sentence of a court martial shall be carried into effect unless passed by the concurrent vote of two-thirds of the court, and approved by the commander-in-chief. In case an officer under arrest shall refuse or neglect to attend a court martial, according to or

ders and notice given him, he shall, by said court, be sentenced to pay a fine not exceeding two hundred dollars, and be cashiered, with disability of ever after holding any military office in the state; unless he be prevented from attending such court martial by reason of sickness, or some other reasonable cause; in which case the court shall have power to adjourn; and notice thereof shall be given to the arrested officer, by the judge-advocate, at least ten days before the day to which the court shall have been adjourned. In all cases in which a fine and costs or imprisonment shall be awarded by a court martial, and the sentence of such court shall be approved by the commander-in-chief, and the president of such court shall die, be discharged or promoted, without having issued a warrant of distress or mittimus for such fine and costs or imprisonment, it shall be the duty of the member of said court next in rank to said president, to issue said warrant or mittimus.

SEC. 74. If any witness duly summoned shall refuse to obey such summons, he shall be committed to the jail in the county in which he resides, by a warrant from the president of the court, directed to the sheriff or a deputy sheriff of said county; there to be held at his own expense until he will conform and give evidence in the case, or until discharged by due course of law. All witnesses summoned on the part of the state, and the judge-advocate or other person for summoning them, shall, for travel and attendance, have the same fees that are allowed in civil causes, to be taxed by the president of the court; expenses shall be paid to the judge-advocate by the state, and when received by him, be paid over to the persons to whom they are due. If the sentence of the court be against the accused, and the same shall be approved by the commander-in-chief, the said expenses shall, by warrant under the hand and seal of the president of the court, directed in the manner aforesaid, be collected of the delinquent, and paid into the general treasury. The members and officers of said court shall be allowed nine cents per mile travel to and from the place of holding said court, and one dollar for each day during its sitting; and there shall be allowed to the person in whose house said court shall be held, not exceeding two dollars per day in full of all expenses for room-rent, fuel and lights; and which shall be paid from the state treasury after the same shall have been allowed by the general assembly. The judge-advocate shall be allowed twenty-five cents for each legal page of the copy of the proceedings and records of the court martial, to be taxed and paid in the same manner. The commander-in-chief shall

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 into 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 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 Militia."

SECTION

1. Repeals in part the fortieth section of the act amended-captain of regimental company may order out his company on any day in the month of May.

SECTION

2. Only names of officers of regimental company to be returned to governor and senate.

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.

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