Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1840-06-04


" pay TO which the deceased was entitled OF the
time Of his death, or at the time Of his being
tered out of service for and during the term Of five
wears and In Of the death intermarriage OF
such widow before the expiration of five years, the
half-pay for the remainder Of the time shall go to
the child or children Of said decedenf; provided,
that the Secretary Of War shall adopt such forms OF
evidence, TO substantiate the application for such
hafpay, ss the President OF the United States may
prescribe.
07th That courts martial Tor the trial Of officers
non-commissioned officers artihcers, musicians, or
privases Of tho militia volunteer corps, shall be
composed Of militia officers only
28th That every officer, non-comnissioned ON
Ger, artiicer, musician, or private OF mo militia
who shsll fail 10 obey the orders Of the United States
in the case provided FOR calling forth The ACTIVE
force or parts thereof lin the l7th head shall be
Hnsd, and forfeit sum not exceeding three months
pay, nor less than halfa months pay, according to
the circumstances Of the case, as court-martial
may determine: and that every officer, non-com-
missoned ofIi:er arihcer, musician, or private, OF
the militia who shall fail obey the orders OF the
President of the United States in any OF the cases
cited in the 18th and 9th heads, shall forfeit sum
not exceeding one years pay, and not less than one
months pay, to BIZ determined and adjudgcd accor-
ding to the circumstances Of the case, by court
martial; and such officers shall, moreover, be M
BILE to be cashiered by sentence OF eourtmauiai,
and be inexperienced from holding commiskion IN
the militia for term Of four years, at the dsere
ton of the said court; and such non-eommsstoned
officers and privaes shall be- liable TO be impfisou.
ed by the sentence OF court-martiai, on failure OF
the payment Of fines adjudged against them, Tor
one calendar month, for every five dollars OF such
6ne.
29th That all fines assessed, as described IN the
preceding head shall be certified by the officer or
n off he
proceedings Of the couft-maftial having approved
Of the same TO the marshal OF the district IN which
the DELINQUENT shall reside, to one of his depu-
ties, and take q receipt from the said marshoi or
deputy as the case may be, Tor the same when
receipt and duplicate of tho certificate furnished,
he shall! transmit for record TO the sdI1tant gene
raj of the militia Of the United STATES: that the
marshal, or his deputy, having received Tue said
certificate shall forthwith proceed TO levy the said
zines, with cost, by distress and sale of the goods
and chattes of The delinquent; which costs, and
the manner of proceeding with respect 10 the sale
Of the goods distraned, shall be agreeable to the
laws Of the State in which the same shall be, as IN
other cases Of distress: and when any noa-commis-
stoned officer or private shall be adjudged TO suler
imprisonment, there being no goods OF chattels to
be found whereon TO levy the said fines, the mar
shall of the district his deputy shall commit such
delinquent to Jail during the term for which be
fine shall be paid, in the same manner as other
persons condemned to fine and imprisonment at the
suit Of the United States may be committed.
30th That the marshals and their deputies shall
make return Of the levy of fines as provided Tor
in the foregoing head, to the aduant gensa OF the
militia Of the United States, within sixty days,
counting from the time that the certificate OF the as
sessment of the said fines placed in their hands
and they shall also pay into the hands Of the said
Il tin abO IN Il
time, all fines by them thus levied and collected,
deducting, therefrom FIVE per centum a compen-
sation for their troubla and il any Of the said
marshas or their deputies shall fail 10 make the
required return, pay over to the adJniant gene
raj of the militia OF the United States, the fines col
lected within the time above specified, 1t shall be
the duty of the said adutant general to inform tho
Solicitor of the Treasury of the United States OF
the same, who should be required to instruct the
district attorney Of the United States to proceed
against the said marshal deputy in the district
court by attachment, for the recovery OF the same
3Ist. That the marshals and their deputies OF
the several districts shall have the same powers IN
executing the laws Of the United States as sherhs
and their deputies in the several States have, by
law in executing the laws OF the respective States
32d. That the money or moneys collected by the
assessment OF fines referred shall be applied 10
the payment of all necessary expenses as far as the
preparation and preservation of military munitions,
and for every other necessary tbug that may be ~
cdent to the calling forth, and the ser vice OF the
militia, as provided for in the l7th head.
SD That the President shall appoint, by and
with the advice and consent Of The Senate of the
United States, one adutant general OF The militia OF
the United States, whose duty il shall be TO receive
and keep in the files of his Office all the reports and
returns of the militia, with their arms ACQUIRE
men,s, and ammunition, made by the adiutauts ge-
neral Of the respective States distinguishing the
same by the different classes into winch they are d.
vided; also annually, on OF before the last Monday
in February to make an abstract a consolidated
return of the same and lay il before the President
of the United States, to be- by the President, sub
mited yearly 10 Congress. That it shall be his du-
ty, likewise, 10 keep a record or copies, in book
provided therefor, of all certificates OF the assess
ment of fines by the Judgment Of militia cours-mar-
tial for delnouencles cited in the l7th, 18th, and
18th of the foregoing heads; TO keep record or
cory Of the returns of the marshas or their depu-
ties of the execution of process the collection OF
the said fines, noting the time when the returns
aforesaid are received to keep regular account
of the amount Of fines collected and paid Over TO
him, and OF the amount expended thereof; and TO
make 10 the Secretary OF War, or before the 30th
June and the 3lst OF December, Of each year, a
statement of the said receipts and expenditures
The money or moneys thus assessed, collected, and
paid over TO the adju,ant general, forthwith to be
deposited by him for safekeeping in the vaults OF
the Treasury the United statesi aud The amounts
thus deposited be passed TO the credit OF the ad-
iutant general, aud not to be drawn from the Trea
sury except upon warrants OF the adjutant general,
eountersigned by the Secretary of War, and for the
purposes which have been specified.
3lIh. That the adjutapt general of the militia OF
the United States shall be paid the annual salary OF
three thousand dollars 10 tull for bis services and
without any other allowances whatsoever, except
ing such fuel and stationary may be deemed me-
cessary for an office under the regulations of the
War Department. and that the said Office shall be
attached to, and considered as Of the bureaus
Of the War Department, and be subject to such