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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 aud duties of marshals.
35. Officer hearing appeal to require statement of case and evidence.
36. Ho may hear further evidence.
31. Other cases to which two last soctions 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 subpoenas 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 subpoena 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.
§ 28. Every witness not appearing in obedience to such subpoena, 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 subpoenas, the better to enable him to prosecute for such forfeiture.
§ 29. Any person or persons who shall be guilty of disorderly, 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.
§ 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.
§ 31. Such sheriff shall receive the body of any person who shall be brought to him by virtue of such warrant, and keep him until the expiration of the time mentioned in the warrant, ART< v and until the officer's and jailor's fees shall be paid, or until the offender shall be discharged by due course of law.
3 32. In the absence of the president of any court-martial, J^TM^ or court of inquiry, the senior officer present may preside, topreside. 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.
§ 34. The marshals so appointed, may not only perform the Tbusual 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.
7 H., 52.
5 35. Whenever the sentence of any court-martial shall be Evidence appealed from, the officer hearing the appeal, shall require the onappea1, 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 n>. 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 n>. from the order of an officer approving the sentence of a courtmartial.
TITLE VII. [3iai
OF PENALTIES, FINES, FEES AND EXPENDITURES.
Abt. 1. — Of the imposition of penalties and fines, for violating the provisions of this Chapter.
Akt. 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.
OF THE IMPOSITION OF PENALTIES AND FINES, FOE VIOLATING THE
Sec. 1. Penalty on commissioned officers for disobedience, Ac.
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. 6. Fine for discharging fire-arms.
6. Penalties on non-commissioned officers and privates for deficiency in equipments.
1. 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
<$ 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.
g 2. Every commissioned officer, refusing to pay over monies in his hands, as is directed in the second Article of tlus Title, shall be liable to be tried and cashiered, or otherwise punished therefor, by a court-martial.
$ 3. Every commissioned officer of a company, and every non-commissioned officer, musician and private, shall, on due conviction, be subject, for the following oflences, to the fines thereto annexed:
l. 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.
i. 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 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 1836, ch. 304.
§ 4. Every commissioned officer for neglecting or refusing to act as such when duly elected shall be sentenced to pay a fine not exceding fifty dollars, and not less than ten dollars, offl^'r^. every non-commissioned oflicer, for neglecting or refusing to Blae 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, tor neglect of duty, or disorderly or unofncerlike 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 oflicer, musician or private, °ie4*!£6who shall unlawfully discharge any fire-arms within two miles aTM, of any parade, on the day thereof, shall be sentenced to pay a fine of one dollar.
5 6. Every non-commissioned officer and private, appearing P6^^^ without being armed and equipped as the law directs, at any menta, 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.
§ 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 ot a sufficient saddle, bridle, breast-plate, valise, or cartridge-box, twenty-five cents each; for want of a [3i4] sufficient crupper and mail pillion, twelve and a half cents each.
§ 9. The court-martial by which any delinquent is tried, Deiinmay excuse such delinquent, if it shall be made satisfactorily when" to appear to the court, that he has a reasonable excuse for such ~ delinquency.
§ 10. Any commissioned officer who shall retain a commission received by him for any subaltern, for more than thirty days, without giving notice by mail or otherwise, to the person entitled to it, shall be liable tq pay a fine not exceeding
Title 7. twenty-five dollars, to be imposed, in case of the commissioned officer of a compauy, 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.
Action <§ 11. No action shall be maintained against any member of member of a court-martial, or officer or agent acting under its authority, court-mar- on accounTj Gf 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.
OF THE COLLECTION AND APPLICATION OF PENALTIES, FINES, AND
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, Ac, to pay surplus to officer ordering court.
20. He shall furnish statement of monies received for flues.
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, <tc
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 H 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 demandod by collector, and if not paid to be levied by
distress and sale.