The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-05-21

SEC Sc If any candidate or eleetof chooses to
contest the validity Of any election had under the
provisions of this act as~to the right Of any per-
sou proclaimed duly elected an officer, he shall
give notice thereof in writing TO the officer who
holds the election returns, wi hin ten days from
the time Of holding such election aud within said
time, and In like manner he shall notify the per-
son whose election he means TO contest, express
ing the point or points on which he means to rely,
and the officer holding the poll book or election
returns shall summon the parties to appear at
certain time and place which shall not exceed
twenty DAYS from the day of election, before
court, o,er which the highest officer in nix or
ok,est in commission present shall preside, which
SQUIRT shhll be composed OF not less thaa three,
noyover live commissioned officers, whom ne shali
summon for that purpose; and the o1hcer holuihg
the election returns shall issue any summons that
NAV be applied for by either of the parties to pro-
cure the attendance of witnesses; and all such
officers as compose said court shall appear in full
uniform and the party so applying shali serve
the same aud endorse the time OF service thereon'
which shall be at least two days previous TO tne
sittinp of such cOurl and shall make return
thereof to the president Of said court at the time
and place therein mentioned; and ehch witness
thus summoned shall be PAID my Genus lot eaSn a
day's attendance as such out OF the funds oi the
proper brigade the certificate OF the presiding
officer of the court anil such court when met shall
hear and determine the same, and report their de
esion in writing to the officer VINO h3ids s1oh re-
turn which decision shall be fin u and conclusive:
P,ovided that notice to the Adjutsnt General, OF
the intention of any elector to contest the eectoh
of any Major General shall be given within fifteen
days after the elect on.
.... ARTISTS.
Sea 81 On complaint of commissioned officer,
made in writing to superior officer touching the
conduct of any officer, such superior snail II ne
thinks the complaint sufficient one Tor an arrest
cause the officer against whom such complaint Is
made to be arrested and whel any efhcer Is
. arrested as aforesaid the officer whose duty 1t is
hall ifv nf arrested
ting that he is suspended from command until ac.
Quilted from such arrest, stating the ground oi
arrest and lace OF trial.
COURT MARTIAL.
Sec, 5S In all cases where an tficer is arrested
the officer who orders the arrest shall issue any
summons that may be'applied for by either of the
parties and parties applying or any person
whom the officers granting such summons may
appoint may serve the same and endorse the
time and service which shall be at least three
days previous to the setting of the court mar
tial and shall make return thereof and any
person who refuses or neglects to attend court
martial after being duly summoned shall be
fined in any sum n no exceeding fifty dollars, which
fne shall be collected aud applied as other fines
underthe provisions of this act, and any court mar
tial shall have power to issue compulsory process
10 compel the attendance of witnesses who refuse
or neglect to attend when legally summoned.
MAJOR GENERALS, BRIeADIER GENERALS. 8o.-How
TRIED.
Sec. SO Major Generals shall be tried by court
martial appointed by the commander ir -chiei
when major. general shall preside brigadier gen.
erals shall be tried by court artals appointed
bk a, major general, where brigader general
shall preside, and all staff oflc RS ranking as
brigadier generals, shall be tried by the same
courts as brigader generals; colonels, lieutenant
colonels, majors, captains and iiemtenants or any
staH4officer ranking as such, shall be tried by
court martial, appointed by brigad er general
where colonel shall preside if any there is within
the bounds of said brigade, and II not, then
lieutenant colonel major shall preside; but
f there is neither lieutenant colonel nor major,
then a captain or lieutenant shall preside; each
court martial shall consist of not less than hVe.
nor over thirteen members, and to be OF rank as
near as may be to the rank of the officer to be
tried, if such can be found within the bounds OF
any brigade all court-martials shall have power
to punish any officer for neglect OF duty, dlsooe'
dience of orders, any other conduct unoecom'
ing an officer, by suspension, timing, cashlerlng or
disqualification to hold any oiice IN the yolunteet
militia of this State, aud in all cases the president
of such court-martial shall cause two certified
copies Of the sentence to be made out which shall
be signed by the president and attested by the
Judge advccate-one of which the president shall
forward to the officer who orde ed such court mar
tial and the other shall be delivered to the bri-
gade inspector of his brigade; but record OF the
proceedings must remain in the hands oil such
court martial for the purpose OF collecting hines,
or any other purpose where fines may be assessed
against any person by the sentence of cougt-mar.
tia and the sentence has been approved OF by the
officer ordering such court-marial, he shall Certify
the same and cause the same to be collected as
provided by this act.
,e' Sec. 60. When any courts martial shall have
met agreeable to the provisions OF this act, the
president Of such court shall ad minister to the
Judge advocate the following oath, ana after being
sworn the Judge advocate shalt administer 10 the
president and other members OF the court the
Fame cath viz You, and each of you do solemn
ly swear Tor affirm that you will well and truly
try and determine according to evidence, the
matter now before you between the Unied States,
Cor as the State of Ohio as the case may be,) and
the person to be tried, and that you will truly ad
minister Justice according to law, without PARTIAL
ty, favor Affection according to- your conscience,
and the best Of your understanding and custom OF
war in like cases; you do turher swear (or
nAirm) that you II 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 requlr
ed to give evidence thereof in c,urt OF justice
in due course of law. The Judge adv dvocate shall
prosecute, in the name of the United States, or of
the State of Ohio, (aS the case may be,) but shall
so far consider him elf counsel for the person
accused as to object to any illegal question put to
the prisoner, or the person accused, or any wit
ness, the answer to which might tend to crlminate
himself. He shall also see right and justice done
30 the defendant on all questions which may arise
In court martial the Ounqe,t in commission and
lowest in rank shall vote first aud SO on in sue
cession to the oldest and highest in rank, an
every person giving evidence before court-mar
tial, shall be examined on oath or affirmation, and
all officers composing court -1artial shall be in
full uniform,
Sec. 6fJ The party tried by court martial
shall be entitled to copy Of the sentence, aud
proceeding of such court.mar,ial after the decis'
ion, where demand therefor by him or an1 persons
in. his behalf the commanding officer for the time
being shall have full power of pardoning or miti
gazing any penalty ordered to be inflicted on any
non-commis ssioned officer, musician or private, for
a b each of the provisions of this act by court
martial; and every officer, codvicted as aforesaid
eg. any court martial, may be pardoned. or have
the penalty mligaed by the officer ordering said
court martial.
Sec. 81. The rules and articles of war, and the
rules and customs which govern court martial ,
composed of officers of the army of the United