Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1837-12-04

private to such fine, forfeiture or other punishment as
or may be provided by law And il any officer be SEN
fenced to be removed from office, the court shall Judge
him to be disqualified for and incapable OF holding any
military Office under this sate either for life, or for term
lof years. according to the aggrayaton OF his offence
(which sentence either of reprmand IN orders, removal
from Office fine forfeiture other punishment, if appro
wed Of shall remain in full force but the Judgment of
disqualification may be reversed by the legislature And
a fines imposed on any oicer in pursuance OF this Sec
ton, shall be sued for and recovered by action of debt
brought on this statute before any court Of competent
uisdciion and if the officer sentenced to pay fine as
aforesaid shall be captain subaern, said action shall
be brought in the of the qu0rtcrmoster of the re-
gimcnt to which such captain or subaern belongs for
the use OF said regiment ii rcgimenal, field staff
officer, said action shall be brought in the Of the
brigade quarternaster Of the brigade to whch said field
staff officer may belong, for the OF said brigade il
brigader general brigade staff officer, by the quarter
master of the division TO which such brigadergeneral
brigade staff officer may belong, for the use OF such di
vision and if any other officer, in the OF the quar-
general for the OF the militia of this state.
And all martial authorised hereby to preserve
order during their session, AID il any person persons
in presence of couIt martial shall behave in disorder
lily manner, make any tumut in, disturb any court
martial and shall not upon the command OF the marshal
thereof desst thererom, shall be lawful for the court
martial to conne such dsordery person persons, ior
time not exceeding eight hours.
Sec. 2. The commander-n-chef may call boards of
officers whenever in his opinion they may be necessary
for settling military questions, or for other purposes rea-
tive to good order and discipline And the commander
in Chief and the acknowledgements or other officers
handing brigades each i'll his Brigade may order
courts of enquiry, examine into the nature of
transaction or accusation, imputation, against any Of
fcer when made by inferior Provided howeUer, That
all courts Of inquiry general field officers to be
ordered by the commander-nchef ali courts Of nqu-
ry captains, regmenta staff and subalterns shall be
ordered by the bligader-g commanding officers
of brigades and courts of inquiry shall always consist
of three officers and Judge advocate to be appointed
by the person ordering the same all Of whom shall be
sworn. These courts shall have the process to
summon witnesses courts martial, and may examine
them oath; but they shall not give their opinions
the merits Of the case unless they especially required
to do. The parties shall also be permitted
anime witnesses, to fairly investigate the circum-
stances in question. The proceedings Of of in
quy to be authenticated by the signatures of the
president and Judge advocate and to be transmitted
by the Judge advocate sealed to the officer who ordered
the court.
The Judge advocate shall administer to each of the Of
cers composing court Of inquiry the following oath
'fYou do swear, that you will well
and truly examine and inquire into the matter before
YOU without Partially, favor affection, prejudice hope
of reward: 50 hell you Cod"
After which the president shall administer to the Judge
t advocate the following oath
q "You do swear, that you will i'm
partially record the proceedings of the and the
dencc to be given in the in healing help you
ll God"
The Judge advocate shall administer to the witnesses
the oath affirmation, the case may be, as
y
any court martial court of inquiry shall be entitled t.
receive a compensation therefor one dollar per day
for each day he may actually in, necessarily at
tend such cout and five cents per mile for travel, from
his place of residence to the place where such court
IS be holden; and the president thereof shall certify TIL
Il travel and attendance OF each member, and OF tn
Judge advocate and marshal, and when the shall
allowed by the auditor OF accounts against this state, tn
treasurer Of this stateis hereby directed pay the amour
thereof Of any monies in The treasury not otherws
Is appropriated.
n SEC. g. The commandment oC each regiment shall as
II sembe the field officers Of his regiment regimenta
e court MARTIAL and hold session of said court in
d town. embraced within the limits of his regiment,
ten his opinion the may be necessary, and sha
give days notice of the time and place Of holding sal
e regimenal court martial to the commandments Of compa
II MES in said town. and said field officers, assembled
regmental court MARTIAL shall have cognizance of a
II questions relating to fines and oreures incurred by
e non commissioned officer, musician private belongn
to said regiment, by OF dsobedence Of orders
u neglect OF duty any violation of the militia laws Of th
Ill state and the field officers shall have power to
i'll witnesses administer oahs, render Judgment and ssu
Or execution.
&c SEC A. Themode procecdingi ooIecono Of fine
shall be follows the fines specified by the loureent
article of the rules and articles mentioned in this act ais
the fines specified in the fifteenth, sixteenth, eighteenth
nineteenth twentieth twenty first, twenty second, tweI