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may be re

tred as the law directs, the Court Martial, before armed, &c. whom the same shall be tried, may, if it shall appear mitted. reasonable, remit the fine incurred by him; Provided, every such delinquent who hath a firelock of any kind, shall make it appear that he brought the same to muster; and provided also, that the com- Persons not manding officers of companies shall not return any lock, not to such non-commissioned officer or private, for failing be returned to appear with a firelock at the muster, if it shall delinquent for appear manifest to him that he does not own or pos- without one.

sess any.

owning a fire

appearing

ry to be for

or more com

liabilities as

linquents,

56. The artificers employed in the Manufactory Artificers at of Arms in the City of Richmond, shall be embo- public armo. died in one or more companies, as the Executive med into one may direct, and be commanded by such officers as panies of the Governor, with the advice of Council, may ap- militia. point and commission; and shall be an independent Their officers corps, and act as a guard to the Manufactory of duties and Arms, whenever the Executive may direct or require such. the same; and shall be liable to the same fines and penalties, for failing or refusing to perform the duties required of them in pursuance of this act, as the officers and privates of the main body of the Militia are liable to, for failing or refusing to comply with the duties imposed on them by law. For For assessing the purpose of assessing the fines on such delin- fines on de quent officers and privates, the officer or officers their officers commanding such company or companies, shall be, bers of courts and they are hereby authorised and required, to sit of enquiry as members of the Battalion Courts of Enquiry regiment. held for the first Battalion of the nineteenth Regiment of Militia, and the Regimental Courts of Enquiry held for the said Regiments; and they shall make their return of delinquents to such courts, and the like proceedings shall be had in every respect, as is required by law with regard to the main body of the Militia: Provided, nevertheless, That nothing Proviso. herein contained, shall be so construed as to require of the said company or companies of artificers, to perform any of the duties required by law as a part of the aforesaid Regiment, nor to require the performance of any duties other than those now re

to be mem

in the 19th

Fines so im

posed, how

to be collected

and account

ed for.

Courts mar

tial.

adjutant general,major general or brigadier general,

Powers of

such courts

ecutive.

quired by law. The fines so imposed, shall be collected and accounted for in the same manner, as is prescribed by law in the case of fines imposed on the main body of Militia of this State.

57. And whereas it is necessary, that certain tribunals be instituted for the trial of offences, as they are to be viewed in a military light, and for enquiring into certain delinquencies and assessing For trial of fines; the Governor or commanding officer of the Militia of this State, shall have power, for misconduct within his own knowledge, or upon complaint lodged in writing by any commissioned officer, to arrest and order a Court Martial of the State, for the trial of the Adjutant General, a Major General or Brigadier General, to be composed of one Major General, not more than four Brigadier Generals, and as many Colonels, Lieutenant Colonels and Majors, as shall make up a number not less than five, nor more than thirteen, and two supernumeraries; and such Courts Martial shall proceed to hear and determine on all offences under this act, and may censure or cashier any officer so tried; Appeal to ex which sentence shall be final, saving an appeal to For trial of a the Executive. And any Major General or Brigacolonel, lieu dier General, for misconduct within his own knownel, aid-de-ledge, or upon complaint lodged in writing by any camp, brigade inspector or commissioned officer, shall have power to arrest any Colonel, Lieutenant Colonel, Aid-de-Camp, Brigade Inspector and Major, or any other inferior officer; and the commanding officer of the Division shall order a Court Martial for the trial of such Colonel, Lieutenant Colonel, Aid-de-Camp, Brigade Inspector or Major, to be composed of one Brigadier General, and as many Colonels, Lieutenant Colonels, Majors and Captains, as shall make up a number not less than five, nor more than thirteen, and two supernumeraries; and such Courts Martial shall proceed to hear and determine on all offences under this act, and may censure or cashier such officer; Appeal to ex- which sentence shall be final, saving to the party For trial of a an appeal to the Executive. And any Brigadier captain or General, Colonel, Lieutenant Colonel or Major, for

tenant colo

major.

Powers of

such courts.

ecutive.

subaltern,

such courts.

ecutive.

time it shall

misconduct in any Captain or subaltern, within his own knowledge, or upon complaint lodged in writing by any commissioned officer, may arrest such Captain or subaltern; and the Brigadier or commanding officer of the Brigade, shall order a Brigade Court Martial for the trial of such Captain or subaltern, to be composed of one or more field officers, and a sufficient number of Captains and subalterns to make up a number not less than five, nor more than thirteen, and two supernumeraries ; and such Courts Martial shall proceed to hear and Powers of determine on all offences under this act, and may censure or cashier any officer so tried; which sen- Appeal to extence shall be final, saving to the party an appeal to the Executive. Every person who may think Written nohimself aggrieved by the judgment of any Court tice thereof. Martial, shall, within ten days thereafter, file a notice in writing with the Judge Advocate, stating that he intends to appeal from such judgment, and shall, Within what within ninety days after the filing such notice, pro- be prosecuted. secute his appeal; otherwise, the judgment of such court shall be final, as if the same had been approved by the Executive. And in all cases of Copy of proceedings to appeal, the party making the appeal, may demand be furnished of the Clerk or Judge Advocate of the Court Mar- appellant. tial, a full copy of the proceedings had thereon, to be laid before the Executive, who shall determine agreeably to the right of the case; and for obtain- Witnesses, ing the necessary evidences for the trials aforesaid, summoned, the commanding officer of the State, Division or Brigade, (as the case may be,) shall issue his summons; and every person so summoned, failing to Penalty for attend, shall be subject to, and may be tried by a such sum Court Martial, and, if an officer, may, at the dis- mons. cretion of the Court Martial, be cashiered, or fined, not exceeding six months' pay as by law allowed; and, if a non-commissioned officer or soldier, to be reported to the Court of Enquiry of the Regiment to which he shall belong, and be then subject to such fines and penalties, as they may think proper to inflict, not exceeding six months' pay.

how to be

disobeying

Officer appli ed to for ar

58. When any application shall be made for the arrest of any officer, in all such cases, the commandrest, to judge whether of ing officer to whom such application shall be made, fence be cog- shall determine whether the offence be cognizable court martial. before a military tribunal and in all such cases, quired. the charge or charges exhibited against such officer, shall be supported by affidavit.

nizable by

Affidavit re

Limitation of time for arrest.

59. No officer shall be arrested for any act, of which he may be alleged to have been guilty two years previous to the application for such arrest. Conviction of 60. If any militia officer shall be convicted of felony, or of any misdemeanor punishable by confinement in the Penitentiary-house, or by stripes, or of perjury or forgery, such conviction shall completely supersede and annul his commission, and the office which he filled shall be deemed vacant.

felony, &c. to annul commission of convict.

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Not more than three

witnesses to

one fact to be paid by com

monwealth.

61. Whenever a Court Martial shall be convened for the trial of any commissioned officer, it shall be lawful for such court to appoint such person as the members thereof may think fit, to act as Clerk or Judge Advocate; and the Clerk or Judge Advocate so appointed, shall receive a compensation for his services, not exceeding ten dollars per diem, to be judged of by the court before whom he shall have rendered the same, and to be paid out of the contingent fund. And where any appeal is taken from the decision of a Court Martial, the said court shall make a reasonable allowance to the Clerk or Judge Advocate, for the copy of the proceedings of the said court, to which the party making the appeal is by law entitled, to be paid in like manner out of the contingent fund: Provided, however, That the said allowance shall not be paid, except upon production of the receipt of the party for the copy of the said proceedings.

62. And whenever a Court Martial shall hereafter convene, for the trial of any commissioned officer, it shall not be lawful to summon more than three witnesses to depose to the same fact; and if more be summoned, their attendance shall be paid by the party at whose instance they shall attend.

martial shall

of officer for

mitted when

63. The said Courts Martial shall, in the trial Rules by of any officer, proceed according to the rules and which courts articles of war, as established by a resolution of proceed. Congress; except, when any officer shall be tried for any offence, committed while not in actual service, the officers convened for his trial, shall, instead of the oath prescribed by the said articles, take the following, viz.: I, A. B. do swear, that I will Oath to be tawell and truly try and determine, according to the ken on trial evidence, the matter now depending between the Com- offence commonwealth of Virginia, and C. D., under arrest; not in actual and that I will duly administer justice, according service. to law, to the best of my knowledge, without partiality, favour or affection; nor will I upon any account, at any time whatsoever, 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, or in due course of law. So help me God. Which said oath shall By whom adbe administered by the Judge Advocate, to all the members of the Court Martial; and the president of such court shall thereupon administer the following oath to the Judge Advocate, to wit: You, A. B., Judge advodo 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, or in due course of law. So help you God.

ministered.

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court.

64. Officers attending a Court Martial for the Compensa trial of any arrested officer, shall receive the sum bers of such of three dollars, each, for every day they shall so actually attend; and one day shall be allowed for every twenty miles they shall necessarily travel in going to and returning from the place appointed for such trial. And the persons appointed to summon To persons a Court Martial, and the witnesses to attend the summoning same, shall receive as a compensation, eight cents witnesses, for every mile they shall necessarily travel, in summoning such court and the witnesses. And every To witnesses. witness summoned and attending, shall be allowed one dollar and six cents per diem, for attendance,

members and

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