Substitutes. Notice to per SECT. 36. Each and every sergeant, corporal, musician and private of the militia, that shall be detached to perform a tour of military duty, under the government, and by authority of this state, or of the United States, shall be allowed to procure a substitute, of equal grade with himself, to be approved of, and accepted, by the senior officer in command, at the place of rendezvous, who shall be the only proper officer to accept and approve of substitutes, and determine on their qualifications; and it shall not be in his power to accept of a substitute, unless completely equipped and in uniform, according to law; which substitute, when accepted, and voluntarily enrolled, shall be subject to the laws of this state, for forming and conducting the military force, while in actual service. SECT. 37. It shall be the duty of the commanding offisons detached. cer of the company, from which any detachment is made, to give immediate notice thereof to the person or persons detached, which notice shall be in writing, signed by the commanding officer of the company, and read in the hearing of the person detached, or an attested copy thereof, left at his usual place of abode, by one of the sergeants of said company; and whenever any sergeant, corporal, musician, or private, detached and notified as aforesaid, shall refuse or neglect to appear, either himself, or by substitute, approved as aforesaid, at the time and place appointed for the rendezvous of such detachment, the person so neglecting to appear, shall forfeit Forfeiture for and pay the sum of twenty dollars into the treasury of the state, and shall forfeit and pay to said treasury, the further sum of twenty dollars, for each and every month he and for neglect shall neglect to join such detachment, and in the same to join detach- proportion, for any part of the time he shall neglect to join the detachment; and upon neglect or refusal to pay the aforesaid penalties and forfeitures, or any part of the Imprisonment same, he shall be imprisoned in the common gaol of the county, where he resides, for a term not less than thirty days, nor exceeding sixty days, at the discretion of the court before which the conviction is had. non-appear ance at rendezvous; ment. for non-pay ment. Parent, &c. when liable. Wounded and SECT. 38. When any fine shall be incurred, by any minor, for a breach of the thirty-third and thirty-seventh sections of this act, the parent, guardian or master of such minor, shall be liable for the same, unless where such parent, guardian, or master, shall make it appear, that he was not aiding in, or consenting to, such neglect or refusal. SFCT. 39. Any officer or soldier, wounded or disabled, disa led, pro and the widow and children of any officer or soldier killed, while in the service of this state, shall be suitably provid vided for. ed for, by the legislature, having respect to the nature and merits of such case. a SECT. 40. General, field, commissioned and staff of Courts-marficers, shall be subject to trial, by general court-martial, tial, according to the usage and practice of war, for disobedience of orders, for unofficerlike conduct, while on duty, or during any day appropriated to military exercise or review, and for the neglect of any duty imposed upon them by law, as officers of the militia; which court-martial shall consist of not less than nine, nor more than thirteen mem- how constitutbers; and the senior officer, who shall always be of ed; rank superior to the officer on trial, shall preside. The and appointed, court-martial for the trial of an officer, under the grade of a field officer, shall be appointed by the commanding officer of the brigade, to which he belongs; for the trial of an officer of the grade of a field officer, except field officers of the artillery, cavalry, and rifle corps, by the commanding officer of the division, to which he belongs; for the trial of a general officer, and of field officers in the artillery, cavalry and rifle corps, by the captain-general. In every court-martial there shall be a judge-advo- Judge-advocate, who shall discharge the duties of that office, accord- cate. ing to the usages and practice in courts-martial; and no other person shall be admitted to prosecute or defend the arrested officer. Whenever a court-martial shall be ordered, the order shall designate the time and place of holding the same, the name of the officer to preside, and the number and rank of other officers, of which the court is to be composed. If the court shall be ordered by the captain-general, the orders shall be of the tenor following, to wit: State of Connecticut, ss. GENERAL ORDERS. A general court-martial is ordered to assemble at on the day of such person or to consist of vision, to wit: colonels, di Anno Domini, for the trial of will preside. The adjutant of the regiment will furnish an orderly sergeant, to attend and execute the orders of the court. (To be signed by the captain-general, or the adjutantgeneral.) Order for court-martial. Form of order, by captaingeneral; by major-general ; By brigadiergeneral. If the court be ordered by a major-general, the orders shall be of the tenor following, to wit: State of Connecticut, ss. DIVISION ORDERS FOR THE at MILITIA. DIVISION OF A general court-martial, of said division, will assemble on the day of Anno Domini, ; for colonels, The the trial of such person or persons as may be brought be- If the court be ordered by a brigadier-general, the orders shall be of the following tenor, to wit: State of Connecticul, ss. BRIGADE ORDERS FOR THE BRIGADE OF MILITIA. Duty of adjutant-general, in case of a general courtmartial. Duty of division-inspector, in case of a division courtmartial. at A general court-martial of said brigade will assemble on the day of Anno Domini,, for the trial of such person or persons as may be brought be- to attend and execute the orders of the court. For a general court-martial, the adjutant-general shall detail and notify all general officers, and apportion the number of other officers required, to the several brigades they are to be taken from; and give notice thereof to the respective division-inspectors, or brigade-majors, who shall detail and notify said officers, and return make to the adjutant-general's office. In a division court-martial, the division-inspector, or an aid-de-camp, under the direction of the major-general, ordering said court, shall detail and notify the general officer or officers, and apportion the other officers to each brigade, and give notice thereof to the respective brigade-majors, who shall detail Officer accus ed to be fur nished with copies. and notify the field officers, required of their brigades, and return thereof make, to the office of the major-gene- Duty of brigral ordering said court. For a brigade court-martial, the ade-major, in brigade-major shall detail and notify the field officers re- case of a brigquired to serve on said court, and apportion to the seve- ade courtral regiments, in said brigade, the number of captains and martial. subalterns of each regiment, and notify the respective adjutants; and the adjutants of each regiment shall detail and notify them, and return thereof make to the brigade major; and if the officer to be tried be a general of ficer, he shall be furnished with a copy of the order for said court, and a copy of the charges in arrest, by the adjutant-general, or a division or brigade-inspector, as the captain-general shall direct, thirty days before the sitting of said court, inclusive; who shall also make return thereof, with the names of the officers composing the court, to the judge-advocate of the court; and if he be of, or under, the rank of a field officer, he shall be furnished with like copies, twenty days before the sitting of the court, inclusive, by a brigade-inspector, or adjutant of the regiment to which the arrested officer belongs, as the officer ordering the court 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 Judge-advobe the duty of the said judge-advocate, to summon, or cate to sumcause to be summoned, such witnesses on the part of the mon witnesses state, as may be necessary, by subpoena, signed by the officer ordering the court, or the president thereof, or the said judge-advocate; and the accused shall be entitled to the like process, to enable him to procure the attendance of his witnesses, which process may be served by the judge-advocate, or by any disinterested person, by him deputed. The members to compose the court, shall be Members of detailed by seniority, in a regular rotation of duty; and the court, how all charges in arrest, shall be made out in due form, by Charges in arway of complaint, and signed by the party complaining, 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 accused officer. The members of the court, before they enter upon the trial of any person accused, shall take the following oath, to be administered by the judgeadvocate, to wit: "You swear, that you will truly try Oath of the and determine, according to the evidence given in court, members of the matters depending between this state, and the offi- the court. cer or officers now to be tried; that you will not divulge the sentence of the court, until the same shall have been approved or disapproved, pursuant to law; neither will for the state. Accused entitled to process for witnesses. detailed. rest, how made out. you, at any time, disclose the vote or opinion of any member of the court, unless required by due course of law : So help you God." All other oaths, which it may be necessary to administer, during the court, may be adminishow administered, by any general or field officer, or by the judge ad Other oaths, tered. Judge-advo their duty; and oath ; vocate. SECT. 41. There shall be appointed, and commissioned, cates, how ap- by the captain-general, for each county, a judge-advocate, pointed; who shall do the duties of that office, in all courts-martial assembled and held in the county, for which he is appointed; who shall take the following oath, to wit: "You swear, that you will not, at any time whatever, disclose the vote, or opinion, of any member of any courtmartial, in which you may be called to act, unless required, by due course of law; nor divulge the sentence of any such court, till the same shall have been approved or disapproved, pursuant to law; and that you will, faithfully and impartially, do the duty of judge-advocate, according to best abilities: So help you God." Which oath your may be administered by any judge, or justice of the peace, and a certificate thereof shall be made, by such judge or justice, on the commission of the judge-advocate. sworn as aforesaid; and the judge-advocate, so appointed and sworn, shall hold his office, during the pleasure of the captain-general. Whenever the judge-advocate of the advocate of an county, by reason of interest, or relationship to any offiadjoining cer to be tried, sickness, or any other cause, cannot act county may officiate. in any court martial to be assembled and held in the county, to which he belongs, the officer ordering the court, may designate and order the judge-advocate of any adjoining county, to officiate in said court-martial. by whom to be administered, and certified. When a judge Exception to members of the court. SECT. 42. If, on trial, the accused shall except against any one or more of the members of the court, he shall state the ground of his objections, 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 nine, the court shall be adjourned for a reasonable time, that the officer appointing the court, may detail others, to supply the place or places of such members. Limitation of And no court-martial shall order any other punishment, punishment, to than a fine. not exceeding one hundred dollars, and repribe inflicted by mand, or either; or a fine not exceeding one hundred a court-mar tial. and fifty dollars, and cashiering, with disability of holding any military office in the state, or either of those punishments; and two thirds of every court shall concur in every sentence. And in case an officer under arrest, cer refusing to shall refuse or neglect to attend a court-martial, accordattend, to be fined and cash- ing to orders and notice given him, he shall, by said court, be sentenced to pay a fine, not exceeding two hundred Arrested offi iered. |