Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-04-23

shall summon the parties to appear at a certain
time aud place which shall not exceed twenty
days from the day Of election, before a court over
which the highest officer in Tsuk, or IN commission
present shall preside, which court shall be COM
posed Of not less than three nor over five commits
stoned officers, whom he shall summon for that
purpose: aud the officer holding the election re-
tuIns shall issueany summons that may be applied
for by either Of the parties to procure the attend
ance Of witnesses; and all such officers as compose
said court shall appear in full uniform, and the
party so applying shall serve the same, and en-.
dorse the time Of service thereon, which shall
be at least two days previous to the sitting Of
such eour, and shall make a return thereof to the
president OF said court at the time and place
therein mentioned; and each witness thus sum
moned shall be paid fifty cents for each days at
tendance as such. out Of the fuBds Of the proper
brigade, on the certificate of the presiding officer
Of the court; and such court when met, shah hear
and determine the same, and report their decision
in writing to the officer who holds such returns
which decision shall be final and conclusive; Pro-
yided. that notice to the adjutant general, Of the
intention ofany elector to contest the election Of
any Major General shall be given within fifteen
days after the election
ARRESTS.
Sec. 81. On complaint of a commissioned Of
fcer made in writing to a superior officer touch
inc the conduct Of any officer such superior shall
if he think the complaint sufficient one for an ar
rest, cause the officer against whom such complaint
is made to be arrested, and when any officer is ar
rested as aforesaid the officer whose duty it is to
arrest, shall notify the officer arrested in writing
that he is suspended from command until acquit-
ted from such arrest, stating the ground Of arrest
and place of trial.
COURT MARTIAL.
Sec. So. In all cqses where an. officer is ares
ted, the officer who orders the arrest shall. issue any
summons that may be applied for by either Of the
parties, and parties SO applying or any person
whom the officers granting such summons may APP
point, may serve the sam and endorse the time
ard service which will be at least three days pre-
yious to the setting Of the court martial, and shall
make return thereof: and any person who refuses
or neglects to attend a court martial after beins
duly summoned shall be fined in any sum not ex-
ceeding fifty dollars, which fine shall be collected
and applied as other fines under the provisions Of
this act, aud any court martial shall have power to
issue compulsory process to compel the attendance
of witnesses who refuse or neglect to attend when
legally summoned.
MAJOR GENERALS, BROADER GENERALS, &c
HOW TRIED.
Sec. SO. Major Generals shall be tried by
court martial appointed by the commander-in.c hiet
! when a Major General shall preside; Brigadiel
Generals shall be tried by court martials appoint
: ed by a Major General, where a Br;gader Genera
shall preside, aud all staff officers ranking as Brig
adler Generals shall be tried by The same courts
as Brisddier Generals; Colonies, Lieutenant Col
| %onels, Majors Captains and LieutenantS, or any
5 staff officer ranking as such, shall be tried by a
, court martial, appointed by a Brigadier General
] where Il Colonel shall preside, if any there is with
in the bounds of said brigade. and if not, thea a
A Lieutenant Colonel or Major shall preside; but i
f there is neither a Lieutenant Colonel nor Major
IthSu a Captain or Lieutenant shall preside; each
{ court martial shall consist Of not less than five, mol
over thil teen members, aud to be Of rank as neal
/ as may he 10 the rank Of the officer to be tried, ii
such can be found within the bounds Of any bri'
gade: all court mRrtials shall have power to pun
ish any officer for neglect of duty, disobedience o
orders, or any other conduct unbacoming an OIL
GER by suspension, flung, caShiering or dlsquailh
cation to hold any office in the volunteer militia
of this State, and in all eases the president OF such
court martial shall cause two certified copie'o OF tue
sentence to be made out, which shall be s'Gneu Dy
the president and atteste3 by the Judge adVocS'e-
oro of which the president shall forward to the Of
icer who ordered such court martial and the oth-
er shall be delivered to the brigade inspector OF DIS
brigade; but a record of the proceedings must re-
main in the hands of such court martial for the
purpose of collecting fines, or any other purpose
where fines may be assessed against any person
by the sentence Of a court martial, aud the SEN
tence has been approved BY the officer ordering
such court martial, he shall certify the same, and
cause the same to be collected as provided by this
act.
Sec. 60. When any courts martial shall have
met, agreeable to the provisions of this act, the
president of such court shall administer to the
Judge advocate the following oath, and after being
sworn, the judge advocate shall administer to the
president and other members of the court the same
oath, viz: You, and each Of you, do solemnly
swear Tor afirm) that you will well and truly try
aud determine according to evidence, the matter
now before you, between the United States, Tor
the State of Ohio as the case may BEL and the
person to be tried, and that You will truly admin
lister justice according to law, without partially,
favor or affection. according to your conscience
and the best of your und rstqnding and custom Of
war in like cases; you do further swear Tor affirm
that YOU will not divulge the sentence of
the court. until it shall be published by proper
authority, neither will you disclose the opinion of
any particular member of the court. unless requi
red to give evidence thereof in a court of justice,
in a due course of law. The Judge advocate shall
prosecute, in the name of the United States, or of
the State of Ohio, (as the case may bel but shall
so far consider himself as counsel for the person
accused, as to object to any illegal question put