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Subpanas for witnesbes.

Oaths to witnesses.

witness for non attendance.

TITLE & SEC. 31. Sheriff is to receive and keep every person brought to him

32. In absence of president, senior officer present to preside. 33. President may appoint marshals. 34. Powers and duties of marshals. 35. Officer hearing appeal to require statement of case and evidence. 36. Ho muy hear further evidence. 37. Other cases to which two last sections extend. $ 26. The president of every court-martial, and of every court of inquiry, both before and after he shall have been sworn, and also the judge-advocate, if required, shall issue subpænas for all witnesses whose attendance at such court may in his opinion be necessary, in behalf of the people of this state, and also on application, for all witnesses in behalf of any officer charged or accused, or person returned as delinquent; and may direct the commandant of any company, to cause such subpæna to be served on any witness residing within his beat.

$ 27. The president of such court-martial or court of inquiry, shall have power to administer the usual oath to witnesses, and shall have the same power to compel attending witnesses to be sworn, and testify, and to preserve order, as courts of common law jurisdiction; and all sheriffs, jailors and constables, are hereby required to execute any precept issued by such

president for that purpose. Penalty on S 28. Every witness not appearing in obedience to such

subpæna, when duly served, and not having a sufficient or reasonable excuse, shall forfeit to the people of this state a sum not less than ten nor more than fifty dollars; and the president of such court, shall, from time to time, report to the district attorney the names of all such delinquent witnesses, together with the names and places of residence of the persons serving such subpænas, the better to enable him to prosecuto

for such forfeiture. (311) $ 29. Any person or persons who shall be guilty of disorpt derly, contemptuous, or insolent behaviour in, or use any

insulting or contemptuous or indecorous language or expression to or before, any court-martial or court of inquiry or any member of either of such courts, in open court, may be committed to the jail of the county, in which such court shall sit, by warrant under the hand and seal of the president of such court.

S 30. Such warrant shall be directed to the sheriff or any or either of the constables and marshals of any such county, or any officer attending the court, and shall command the officer to whom it is directed, to take the body of such person, and to commit him to the jail of the county, there to remain without bail or mainprize, in close confinement, for a time to be limited, not exceeding three days, and until the officer's

fees for committing, and the jailor's fees be paid. Ib.

$ 31. Such sheriff shall receive the body of any person who shall be brought to him by virtue of such warrant, and keep

Contempt of court how punished.

ART. 1.

nior officer

also carshals, wet ty and perfoorised to be

him until the expiration of the time mentioned in the warrant, and until the officer's and jailor's fees shall be paid, or until the offender shall be discharged by due course of law.

$ 32. In the absence of the president of any court-martial, When seor court of inquiry, the senior officer present may preside, to preside. with all the powers of the president ; and all the members of such courts shall, when on duty, be in full uniform.

$ 33. The president of any court-martial, or court of inquiry, Marshals. may appoint by warrant, under his hand and seal, one or more marshals.

S 34. The marshals so appointed, may not only perform the Ib. usual duties of such marshals, but may also execute all process lawfully issued by such president, and perform all acts and duties in this Chapter, imposed on and authorised to be performed by any sheriff, marshal, or constable. i 7 H., 52.

$ 35. Whenever the sentence of any court-martial shall be Evidence appealed from, the officer hearing the appeal, shall require the president of the court-martial to furnish him, forthwith, with a statement of the case, and of the evidence touching the same, which statement and evidence shall, in case of an appeal to the commanding officer of the brigade be forthwith on notice of such appeal transmitted to him.

S 36. Such statement being furnished, the officer hearing Ib. the appeal may hear such further evidence by affidavit or otherwise as the nature of the case may require; and for that purpose, he shall have power to administer the usual oaths to witnesses produced before him, except in cases where trials may have been had upon charges preferred.

Laws of 1835, ch. 304. $ 37. The two last sections shall extend to appeals made Ib. from the order of an officer approving the sentence of a courtmartial.

on appeal.

(312)

TITLE VII.
OF PENALTIES, FINES, FEES AND EXPENDITURES.
Apr. 1. – Of the imposition of penalties and fines, for violating the provisions of

this Chapter.
ART. 2. — Of the collection and application of penalties, fines, and commutation

money. ART 3.- Of the compensation and fees of the members of courts-martial and

other officers.

ARTICLE FIRST. OF THE IMPOSITION OF PENALTIES AND FINES, FOR VIOLATING THE

PROVISIONS OF THIS CHAPTER.
SEC. 1. Penalty on commissioned officers for disobedience, &c.

2. Commissioned officers refusing to pay over monies, liable to be cashiered.
3. Fines of officers, musicians and privates, for certain offences.
4. Non-commissioned officers, for refusing to act to be fined.
5. Fine for discharging fire-arms.

Penalties on officers,

Ib.

Fines of officers, musicians and privates.

TITLE 7. SEC. 6. Penalties on non-commissioned officers and privates for deficiency in equip

ments. 7. Penalty for want of bayonet, belt, &c., not to apply to those who have rifles. 8. Penalty for deficiency in equipments in cavalry, 9. Court may excuse delinquency for reasonable excuse. 10. Commandants of companies to cause certain sections to be read. 11. No actions to be maintained against members or officers of courts-martial in

certain cases. § 1. Every commissioned officer, for disobedience of orders, neglect of duty, unofficer-like conduct, or disrespect to a superior officer, or for neglecting to furnish himself with an uniform and equipments within six months after receiving his commission, shall be arrested and brought to trial before a court-martial, who may, on conviction, sentence him to be cashiered, incapacitated from holding any military commission, and fined to an amount not exceeding one hundred dollars; or may sentence him to any part of such penalties, or to be reprimanded, in their discretion ; but no penalty shall be inflicted on any officer, for appearing on parade without an espontoon.

§ 2. Every commissioned officer, refusing to pay over monies in his hands, as is directed in the second Article of this Title, shall be liable to be tried and cashiered, or otherwise punished therefor, by a court-martial.

S 3. Every commissioned officer of a company, and every non-commissioned officer, musician and private, shall, on due conviction, be subject, for the following offences, to the fines thereto annexed :

1. Every non-commissioned officer, musician and private, for non-appearance, when duly warned or summoned, at a company parade, a fine of two dollars; at a regimental or battalion parade, or rendezvous of officers, not less than three nor more than six dollars; and at a place of rendezvous, when called into actual service, a sum not exceeding twelve months', nor less than one month's pay.

2. Every commissioned officer under the rank of colonel for non-attendance at any parade, and every such officer, noncommissioned officer, musician and private, for neglecting or

refusing to obey the orders of his superior officers, on any (313) day of parade, or to perform such military duty or exercise as

may be required, or departing from his colours, post or guard, or leaving his place or ranks, without permission, a fine not more than twenty-five, nor less than two dollars.

3. For neglecting or refusing to obey any order or warrant, to him lawfully given or directed, or to make a proper return thereof, if such return be necessary, or making a false return, or neglecting or refusing, when required, to summon a delinquent before a court-martial, or duly to return such summons, a fine not more than twenty-five, nor less than five dollars.

Laws of 1835, ch. 304. Non-com- $ 4. Every commissioned officer for neglecting or refusing

' to act as such when duly elected shall be sentenced to pay a

missioned

ART. 1 oficer retu

fine not exceding fifty dollars, and not less than ten dollars, every non-commissioned officer, for neglecting or refusing to sing to act. act as such, when duly appointed, shall be sentenced to pay a fine not exceeding twenty dollars, nor less than five dollars ; and every officer, for neglect of duty, or disorderly or unofficerlike conduct, in addition to other penalties, may be reduced to the ranks by the commandant of the company, with the approbation of the commandant of the regiment or battalion.

Laws of 1835, ch. 304. $ 5. Every non-commissioned officer, musician or private, Discharg

ing firewho shall unlawfully discharge any fire-arms within two miles arms. of any parade, on the day thereof, shall be sentenced to pay a fine of one dollar.

$ 6. Every non-commissioned officer and private, appearing Deficiency without being armed and equipped as the law directs, at any ments parade or rendezvous, shall be sentenced to pay the following fines, namely: For want of a sufficient sword and belt, if belonging to the artillery or light artillery, and for want of a sufficient musket with a steel rod, or rifle, if belonging to a company of light infantry, grenadiers, riflemen or infantry, one dollar; for want of a sufficient bayonet and belt, twentyfive cents; for want of a pouch, with a box therein, sufficient to contain twenty-four cartridges, suited to the bore of his musket, twenty-five cents; for want of two spare flints and a knapsack, twenty-four cartridges, shot-pouch, powder-horn, twenty balls, and a quarter of a pound of powder, twenty-five cents each; but the whole number of spare flints, of cartridges and of balls, shall be considered each as only one deficiency.

Laws of 1835, ch. 304. $ 7. The penalties imposed for want of bayonet, belt, and Limitation cartridge-box, shall not apply to any non-commissioned officer, or private, of a rifle company, or to any private of any other company, having a powder-horn and pouch.

Laws of 1835, ch. 304. S 8. Each non-commissioned officer and private, in the Cavalry. cavalry, shall be sentenced to pay, as fines, for want of a sufficient horse, one dollar ; for want of a sufficient pair of pistols and holster, one dollar ; for want of a sufficient sabre, one dollar; for want of a sufficient saddle, bridle, breast-plate, valise, or cartridge-box, twenty-five cents each ; for want of a [314] sufficient crupper and mail pillion, twelve and a half cents each.

$ 9. The court-martial by which any delinquent is tried, Delin. may excuse such delinquent, if it shall be made satisfactorily when ex. to appear to the court, that he has a reasonable excuse for such delinquency.

S 10. Any commissioned officer who shall retain a commis- Part of: sion received by him for any subaltern, for more than thirty to be read days, without giving notice by mail or otherwise, to the person entitled to it, shall be liable to pay a fine not exceeding

istols et horse, one donced to pay, as ind private, in +

quents

cused.

this article to be read at parade.

TITLE 7.

twenty-five dollars, to be imposed, in case of the commissioned officer of a company, by a regimental or battalion court-martial, on the complaint of any officer interested, and in case of a general or field officer, by a general court-martial which shall be ordered on the like complaint. In addition to the penalties imposed by any of the provisions of this chapter, every commissioned and non-commissioned officer, musician and private of a company or troop who shall appear on parade wearing any personal disguise, or other unusual or ludicrous article of dress or any arms, weapons or other implements not required by law and calculated to excite ridicule or to interrupt the orderly and peaceable discharge of duty by those under arms, shall be liable to a fine not more than twenty-five, and not less than five dollars, to be imposed by the proper court-martial.

Laws of 1835, ch. 304.

$11. No action shall be maintained against any member of member of a court-martial, or officer or agent acting under its authority,

on account of the imposition of a fine, or the execution of a sentence, on a person not liable to military duty, if such person shall have been returned as a delinquent, and duly summoned, and shall have neglected to show his exemption before such court.

Action against

court-martial.

ARTICLE SECOND.
OF THE COLLECTION AND APPLICATION OF PENALTIES, FINES, AND

COMMUTATION MONEY.
SEC. 12. All fines to be reported to officer ordering court.

13. Collection of fines how enforced. 14. Jailer to keep him in close confinement. 15. Officer to whom list of delinquents delivered, to levy the fine or take body. 16. If unable to do either, a new warrant may be issued. 17. Warrants may be renewed. 18. Monies arising from courts-martial, to be paid to president of court. 19. President after deducting costs, &c., to pay surplus to officer ordering court. 20. He shall furnish statement of monies received for fines. 21. Liable to be cashiered for non-compliance. 22. Presidents to prosecute officers for neglect in execution or return of warrant. 23. Monies collected for such penalties, how applied. 24. Penalties for fines upon officers, how to be collected and paid. 25. Monies received by commandants of regiments and battalions, how applied. 26. They shall keep an account of monies received and expended by them. 27. Commandants of brigades to adjust accounts of commandants of regiments, &c. 28. If commandant of regiment, &c., neglect to pay, commandant of brigade to sue. 29. Officers to whom monies are directed to be paid, to sue for same. 30. Officers suing, may retain reasonable expenses out of money collected. 31. No objection to juror or witness, that he is a member of a regiment or battalion

interested in the action. 32. Persons entitled to exemption, on paying the commutation, to give notice. 33. Commandants of companies to make lists of persons entitled to commute. 34. Assessor to deliver it to supervisor, and supervisor to board at next meeting. 35. Supervisors to direct collectors to collect commutation money of such persons. 36. Such money to be demanded by collector, and if not paid to be levied by

distress and sale.

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