twenty-one years, and shall consent in writing to subject him- TITLE 5. self to all the duties, fines, forfeitures, and punishments, to which his principal would have been subject, had he personally served, shall be accepted by the commandant of the company of drafted militia, to which his principal may belong. command $ 45. The commander-in-chief shall prescribe such rules, Duty of orders, and regulations, relative to the distribution of arms, er-in-chief. ammunition, and military stores, to the militia when called into actual service, as he may deem proper. dress, &c. $46. The commandants of companies or troops are hereby Fantastical authorized to put under guard or to commit to prison for the day and to return to the proper court-martial any non-commissioned officer, musician or private, who shall appear on parade wearing any false face, personal disguise or other unusual or ludicrous article of dress, or any arms, weapons or other implements, or things not required by law, and which are calculated to interrupt the peaceable and orderly discharge of duty. Laws of 1835, ch. 304. $ 47. Any commanding officer of division, brigade, regi- í. ment, separate battalion, company or troop present at any parade, is hereby authorized to put under guard or to commit to prison for the day any person or persons who shall, upon or near any parade ground, field, public highway, or any other place occupied by the militia under arms, by means of ludicrous disguises, dress, arms and instruments, or by any other means disturb the peaceable and orderly proceedings of those under arms; and the jailor shall receive and confine such person in the debtor's department of the jail, pursuant to the order or commitment, which shall be issued and delivered to him in virtue of this or the preceding section. Laws of 1835, ch. 304. scription $48. It shall be the duty of each commandant of a regiment Local deor separate battalion, within twenty days after the annual inspection, to furnish to the commandant of his brigade a local description of such regiment or separate battalion, together with a roster of the commissioned officers of such regiment. Laws of 1835, ch. 304. of brigade $ 49. It shall be the duty of each brigade inspector, within Statement thirty days after the annual review in each year, to transmit inspector. to the adjutant-general a statement of the reviews and inspection of the several regiments and separate battalions in his brigade, attended by the commanding officer of division, accompanied by the division staff armed and equipped as the law directs; and also the commanding officer of brigade, with the brigade staff armed and equipped as the law directs. adjutant $50. In case any general officer or any member of his Duty of staff shall neglect to attend such inspection and review, it general. shall be the duty of the adjutant-general to require such TITLE 6. officer to render an excuse in writing to the commander-inchief for his delinquency. If the commander-in-chief shall deem such excuse insufficient, he shall order a court-martial to try the delinquency. Courts of inquiry. Ib. [307] Court-martial to try eral. Ib. to try brigadiergeneral. Laws of 1835, ch. 304. TITLE VI, OF COURTS OF INQUIRY AND COURTS-MARTIAL. ART. 1.-Of courts of inquiry and courts-martial for the trial of officers. ART. 2.-Of regimental and battalion courts-martial. ART. 3.—General provisions applicable to all courts-martial and courts of inquiry. ARTICLE FIRST. OF COURTS OF INQUIRY AND COURTS-MARTIAL FOR THE TRIAL OF OFFICERS. SEO. 1. Commander-in-chief, and of division or brigade, may institute courts of inquiry. 2. To consist of not less than three nor more than five commissioned officers. 3. Courts-martial for the trial of major-generals, ordered by commander-in-chief. 4. Courts for trial of brigadier-general, ordered by commander-in-chief. 5. Courts for the trial of all other commissioned officers, by whom ordered. 6. No officer to be tried, unless a copy of the charges, &c., are delivered to him. 7. Officer ordering court may supply vacancies therein. 8. Accused may challenge president of court; challenge how to be determined. 9. Judge-advocate to administer oath to members of court. 10. Judge-advocate and members to keep secret sentence of court. 11. Sentence to be according to offence and military usage. 12. Proceedings and sentence to be delivered to officer ordering court. $1. Courts of inquiry may be instituted by the commanderin-chief, or the commanding officer of a division or brigade, in relation to those officers for whose trial they are authorised to appoint courts-martial, for the purpose of investigating the conduct of any officer, either by his own solicitation, or on a complaint or charge of improper conduct, degrading to the character of an officer; or for the purpose of settling rank. $2. Such courts shall consist of not less than three, nor more than five, commissioned officers, and the president shall, without delay, report a statement of facts to the officer instituting such court, who may, in his discretion, thereupon appoint a court-martial for the trial of the officer whose conduct shall have been inquired into. $3. Every court-martial for the trial of a major-general, major gen- shall be ordered by the commander-in-chief, and shall consist of thirteen officers, any nine of whom shall constitute a quorum. $4. Every court-martial for the trial of a brigadier-general, shall be ordered by the commander-in-chief, and shall consist of nine officers, any seven of whom shall constitute a quorum. $5. All other courts-martial for the trial of commissioned officers, shall consist of seven officers, any five of whom shall constitute a quorum; and shall be ordered, if for the trial of officers above the rank of captain, by the commanding officer Court-mar tial to try other offcers, of division, and for all other officers, by the commanding officer of brigade. ART. 1. $6. No officer arrested shall be brought to trial, unless a Copy of copy of the charges and specifications, certified by the officer charges. ordering the arrest, shall be delivered to him, or left at his usual place of abode, within three days after his arrest; nor unless the officer ordering such court-martial, shall have ordered the same within thirty days after receiving notice of the arrest and a copy of the charges and specifications; nor until ten days after a copy of a list of the names of the officers detailed to form the court, shall have been delivered to the officer arrested, or left at his usual place of abode. $ 7. The officer ordering the court, may at any time supply Vacancy. any vacancy, that from any cause, may happen therein. $8. If the officer accused shall have any cause of challenge Challenges. to the president of such court, he shall within a reasonable time after receiving a copy of the charges, and a list of the members, deliver his cause of challenge in writing, to the officer ordering such court, who shall thereupon determine as to the validity of such challenge; and if in his opinion the causes are sufficient, he shall appoint another president of such court. 9. After the court shall be assembled, and after all Oath. challenges, if any are made, shall have been determined, the judge-advocate, whether commissioned or special, shall administer to each member the following oath: "You do swear that you will faithfully discharge the duties of a member of a court-martial now assembled, according to the best of your ability." joined. [308] S10. Every judge-advocate, whether commissioned or Secrecy enspecial, and every member of a court-martial, shall keep secret the sentence of the court, until the same shall be approved or disapproved, according to law; and shall keep secret the vote or opinion of any particular member of the court, unless required to give evidence thereof by a court of justice. $11. The sentence of any such court-martial shall be Sentence. according to the nature and degree of the offence, and according to military usage; but shall not extend farther than cashiering the officer convicted, and disqualifying him from holding any office in the militia of this state, and imposing a fine not exceeding one hundred dollars. of. $12. The proceedings and sentence of every such court- Approved martial, shall without delay, be delivered to the officer ordering the court, who shall approve or disapprove thereof, within fifteen days thereafter, and shall give notice of his approval or disapproval to the president of such court-martial, and to the arresting officer; and he may, at his discretion, publish the sentence, as approved or disapproved, in orders. $13. He shall also transmit such proceedings and sentence, Transmitand his approval or disapproval thereof, to the adjutant- tant-genegeneral, to be kept in his office. ted to adju. ral TITLE 6. Appeal. How ap organized. $14. The right of appeal to the commander-in-chief as it now exists by military usage, is reserved; but no appeal shall be received, unless made within twenty days after the decision appealed from, is made known to the person appealing. ARTICLE SECOND. OF REGIMENTAL AND BATTALION COURTS-MARTIAL. SEC. 15. Commandants of regiments and separate battalions to appoint courts-martial. 16. They shall fix day on which court shall convene. 17. They are to fill vacancies in court. 18. President and members to take oath. 19. Justice to administer it to president, and he to members. 20. President to designate person to summon delinquents before court. 21. Person designated, to make return. 22. Court to have trial of all delinquents in regiment or battalion. 23. No fines imposed on a commissioned officer, is to prevent him from being cashiered by brigade court-martial. 24. Court may remit penalty for deficiency in equipments. 25. Sentence of court imposing fine for delinquency, may be appealed from. 15. The commandant of each regiment and separate pointed and battalion shall on or before the first Monday in June in every year, appoint a regimental or battalion court-martial, to consist of three members; one of whom, if practicable, shall be a field officer or captain, and shall be appointed president thereof. Ib. [309] Vacancy Oath. Ib. 6 W., 457. S 16. The officer appointing the court shall fix the day on which it shall convene, and when convened, the court may adjourn from time to time as shall become necessary for the transaction of business, but the whole session of the court, from the day on which it shall convene until its dissolution, shall not exceed three weeks. $ 17. In case any vacancy shall happen in the court, or a new court shall be required, the officer ordering the court, or his successor in command, may fill such vacancy, or order a new court. 3 H., 245. S18. The president and each member of such court, before he shall enter on his duties as such, shall take the following oath: "I do swear that I will well and truly try and determine, according to evidence, all matters between the people of the state of New York and any person or persons, which shall come before a regimental (or battalion) courtmartial of which I have been appointed president, (or a member.") $ 19. Such oath shall be taken by the president, on or before the day on which the court shall convene, before a justice of the county in which he may reside, or a field officer of his regiment or battalion; and it shall be the duty of such justice or field officer, to administer the oath without fee or reward. The president shall administer the oath to each of the members. ART. 3. moned, $20. The president of the court shall direct a non-commis- Delinsioned officer, or other fit. person or persons to be by him quents sumdesignated, to summon all delinquents and parties accused, to appear before the court at a time and place to be by him appointed. summons. $ 21. Such non-commissioned officer, or other person or Return of persons so designated, shall make the like return and with the like effect, as commissioned and non-commissioned officers are authorised and required to make, in cases of warning to a company or regimental parade, and shall be subject to the like penalties for neglect of duty. 7 J. R., 97. court. $22. The court, when organized, shall have the trial of all Power of delinquents and deficiencies in the regiment or battalion for which it shall have been called; and shall have power to impose and direct to be levied, all the fines to which commissioned officers of companies, and non-commissioned officers, musicians or privates, are declared to be subject in the first Article of the seventh Title of this Chapter. fine. $23. No fine imposed by a regimental or battalion court- Effect of martial, on a commissioned officer, shall prevent such officer from being tried and cashiered for neglect of duty, by a courtmartial ordered by the commandant of his brigade. of fine. $ 24. Every such court-martial may mitigate, or wholly Remission remit any penalty or fine directed to be imposed, for any deficiency in arms or equipments, of any delinquent in any company of infantry, whom the court shall adjudge to be so poor, as not to be able to furnish himself with such arms or equipments. [310] $25. From the sentence of any such court imposing a fine for any delinquency, an appeal, if made within twenty days, Appeal. shall be allowed to the officer instituting the court, or to his successor in command, who may remit or mitigate such penalty or fine. In case the delinquent was not personally summoned to appear before such court and did not appear; he shall have ten days after personal notice of the sentence in which to appeal from the decision of the officer instituting such court, or his successor in command. An appeal if made within ten days after personal notice of such decision, shall be allowed to the commanding officer of the brigade, who may remit or mitigate such penalty or fine. Laws of 1835, ch. 304. ARTICLE THIRD. GENERAL PROVISIONS APPLICABLE TO ALL COURTS-MARTIAL AND COURTS SEC. 26. Presidents of courts, and judge-advocates, to issue subpœnas. 27. President may administer oath to witnesses, and compel their attendance. 28. Penalty for disobeying subpœna. 29. President may commit persons for contempt of court. 30. Warrant to be directed to sheriff, &c., who is to take and commit person to jail. |