Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-05-07

ed or -imposed, and all sums under one hundred
dollars shall be collected before Justice OF the
Peace, and any fine assessed or imposed TOR one
hundred dollurs or more, shell be collected before
any court having competent jurisdiction, as other
like sums. to be collected By the brigade inspector,
or any other brigade staff officer, that the COM
mandant NAV designate Provided that suits COM
menced by the brigade inspector, or other brigade
staff officer, shall be for the collection of fines on
commissioned and staff officers of his own brigade;
Provided also, that when any fine or fines are I'M
posed by any court martial, according to the pro-
yisioos of this act it shall be the dury OF the presl
dent of such court to cause such fine or fines to be
collected. as fines are assessed or imposed by brig
ade courts, as herein provided; and any fine I'M
posed on any Brgadier General, shall not be less
than fifteen dollars, nor one hundred and nifty
dollars. to be collected by the Major General or
commandant division; Provided, said fine is not
imposed by any court martial, and when any Ma
ior General shall be fined, it shall not be less than
twenty dollars, nor more thgn two hundred dollars
to be collected by the commandsr-in- chief; fro-
yided, also, that said fine is not imposed cy any
court martial; And provided, also, that all fines
collected by Major General, or the commander
inchief shall be collected agreeable to the fore
going provisions of this act and all fines collected
under the provisions of this act shall go into the
military fund belonging to the several brigades and
all suits brought for the collection of fines under
the provisions of this act shall be brought as other
suits at law, and the defendant may plead the
general issue, but shall not prove nor refet back
to any later date than the date of such delinquen
cy Provided, however, that fines imposed by any
court martial, shall be collected Immediately after
Judgment is rendered for the same, and no stay OF
execution shall be allowed but on the contrary
the proceedings of the court MARTIAL sho"iS @
state of the case, and such officer nafl,eu ~ 81
been fined which proceeding wneh III, o,,
ant Of
.;.1o tSe nerson prosecuting the same, to a Judg-
nent in favor of his brigade or the State OF omo,
&c the case NAV be the proceedings OF any court
martials attested as required by this act, shall
serve in all courts of Justice as transcript from
any other docket, and such courts shall render
Judgment forthwith, and issue execution according
y.
FINES &C., FOR DISTURBING MUsTERs.
Sec. 90. If any non commissioned officer, mu-
sician private bystander spectator, at any OFF,
Ger, regimental, squadron, battalion, or company
muster or parade, or at a meeting OF officers au-
thorized and required by this act shall molest any
officer, or soldier, when on duty, the commanding
officer may order and require such person or per-
sons to be put under guard for any time, not ex-
ceeding six hours, and such non commissioned Oh
| ficer, musician or private, may moreover De re-
turned by sue commanding officer to the next brig
ade court of inquiry for the assessment OF fines,
and NAV be fined in any sum not less tnan one OF
more than ten dollars, which fine shall be collect
ed and applied as other fines under the provisions
of this act, or any officer and soldier appointed as
a guard or placed upon duty as sentinel at any
muster, parade or encampment held under the pro-
visions of this act is hereby authorized and requi-
red to discharge that duty, maintain his post and
guard his lines, to protect the muster, parade or
encampment, by ussng such force as will be neces-
| sary and sufficient to effect the same.
FINES AGAINST MINORS AND OTHERS.
Sec. 81 All property held in common by any
association or associations persons, whvse tenets
or rules rexuire a community of property, shall be
holden for the payment of any and all fines assess
ed under the provisions of this act, against any
| member or members of such association, for the
non-performance of military duty, and in all cases
father shall be bound for his son, guardian for
his ward, and master for his apprentice under the
provisions of this act, for all fines against its mi
| nOrs.
FINES AND CIVIL AUTHORITIES.
| Sec. %. That in all cases where fines or penal
| ties are incurred or assessed in accordance with
the provisions of this act, the company, squadron,
battalion or regiment, brigade or court martial
| before whom, or on whose account the same are
assessed or incurred, shall have process from any
courts of this State within the proper county and
of competent jurisdiction to enforce the same to
final Judgment and execution, and In all cases the
records of such company, regiment, brigane, or
court martial shall be received as pTtnd tac'e evi-
dence Provided, that in all cases, the defendant
on trial NAV prove in evidence, any irregularity,
in the assessing of such fines, or any other lawful
matter of defence not reaching back of the organ
ization of such company, or the enrolment of the
defendant.
cosTs-How PAID.
| Sec. %. All cost made by virtue of any suit
brought to recover fines of any description, where
the State fails, shall be paid out of the military
fund of the brigade or brigades, if any more than
one brigade is interested in such suit.
POWER OF sIIERIFFs AND MAYORS IN RIOTS, &C.
Sec. a. That in all cases of riot orinsurrection
| if anv commandat of an independent or volunteer
| company or any commandant of a squadron, bat
talion, regiment, brigade or division, shall refuse
or neglect to appear with such military force at the
time and place as the proper Sheriff of the county,
or Mayor of the city shall direct, such officer shall
| be fined in any sum not exceeding one hundred
dollars nor less than ten dollars, on complaint of
said Sheriff or Mayor, before any court having
| competent jurisdiction and every non-commiss-
| oned officer, musician private. who refused or
neglects to turn out or appear Immediately on pc
ing notified by any proper officer OF his brigade,
shall be fined in any sum not exceeding ten dollars
to be collected as herein provided; the aforesaid
fines when collected, shall 60 into the military
fund: Provided, that in all cases of demand or
reouisition for military force by the Sheriff or
Mayor, it shall be by plIcation to the superior
commissioned officer in rank at the time present in
the CITY, town or county where such service is re-
lquired.
| CoMMANDANTs TO CALL OUT TROOPS.
Sec. 25. Commandants of divisions, brigades,
regiments, battallions, squadrons, or companies,
shall have power and are hereby required to call
out their respective commands for the suppression
of riots or to assist civil officers in the execution
of the laws when called upon to do so by the pro-
ner authorities and shall be furnished with ammu
milton to be paid out of the county truasrry on the
order of the commanding officer of such militnry
force.
| PAY WHEN UNDER ORDER OF SHERIFF OR MAYOR.
Sec. o. All commissioned and non-c commission
ed officers and each and every member OF any in
dependent or volunteer company shall receive one
dollar and fifty cents per day, one dollar and if-
tv cents per night, or three dollars for each day
and night together. when serving under the order
of Sheriff of their county, or the order OF the
Mayor of their city, to suppress riots MODS or 10
enforce the civil law to be paid out OF the county
treasury ON the order of the said Sheriff or mayor
aforesaid.
MUsTERs IN EACH YEAR.
Sec. 81. There shall be three company mus1ers
in each year. from nine O'Clock, a. M 10 four p. m
of each day, between the hrst Oh Aprii aud tne
first of September, at such time and place as the
commandant of such company may direct, which
shall be held at a convenient place to meet, and
,nhanaver there is not sufficient number of COM
nan;es in any brigade, to be organized into squad
pons battallions or regiments, so as to perform
comn duty, such company shall muster two days in
each wear, between the first of September and the
first of November, and each days muster it shall
he the duty nf the commandant of each company,
to have the roll called by one of the sergeants Of
his company, at ten o'clock, a. IN. and shall note