Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-04-30

the officer holding the election returns
shall issue any that may be
applied for by either of the parties to
procure the attendance of witnesses; and
shall appear in full uniform, and the
party SO applying shall serve the same,
and endorse the time of service thereon.
which shall be at least two days previ-
Gus to the sitting of such court, and shall
make a return thereof to the president
of said court at the time and place there
in mentioned; and each witness thus
summoned shall be paid fifty cents for
each days attendance as such; out ofthe
funds of the proper brigade, on the GER
tifcate of the presiding officer ofthe court;
and such court when met, shall hear and
determine the same, and report their
decision in writing to the officer who
holds such return, which decision shall
be final and conclusive; Provided, that
notice to the adj utant general, of the in
tention of any elector to contest the
election of any Major General shall be
given within fifteen days after the cleo
ton.
AhhEo1o.
Sec. 57.-On complaint of a COM
missioned officer made in writing to a
superior officer touching the conduct of
any officer, such superior shall, if he
think the complaint a sufficient one
for an arrest, cause the officer against
whom such complaint is made to be
arrested, and when any officer is
arrested as aforesaid, the officer whose
duty is to arrest, shall notify the officer
arrested in writing that he is suspended
from command until acquitted from such
arrest, stating the ground of arrest and
place of trial.
COURT MARTIAL.
SEC. So. In all cases where an officer
is arrested, the officer who orders the
arrest shall issue any that may
be applied for by either of the parties,
and parties SO applying or any person
whom the officers granting such sum-
mons 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 martial, and
shall make return thereof; and any
person who refuses or neglects to attend
Il COuIG lldTIlul d1IcI bCluS oulO uh-
moned shall be fined in any sum not ex-
ceeding fifty dollars, which fine shall be
collected and applied as other fines I'M
der the provisions of this act, and any
court martial shall have power to issue
compulsory process to COMPEL the at
tendance of witnesses who refuse OF
neglect to attend when legally sum-
mOned.
MAJOR GENERALS,
BRIGADIER GENERALS, ETC, HOW TRIED.
SEC. 50. Major generals shall be
tried by court martial appointed by the
commander-in-chief when a major gen
eral shall preside, brigadier generals
shall be tried by court-martials appointed
by a major general where a brigadie1
general shall preside, and all staff officers
ranking as brigadier generals, shall be
tried by the same courts as b~rigadier
majors. captains and ~lieutenants, or any
| staff officer ranking as such, shall be
tried by a court martial, appointed by a
brigadier general where a colonel shall
preside, if any there is within the bounds
| of said brigade, and if not, then a lieu
tenant colonel or major shall preside
but if there is neither a lieutenant col
oncl nor major, then a captain or lieu
tenant shall preside each court-martial
shall consist of not less than five, nor
ovcr 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,
disobcdience of orders or any other con
duct unbecoming an officer, by suspen-
sion, fning, cashiering or disqualified
ton to hold any Office in the volunteer
militia of this state, and in all cases the
president of such court-martial shall
cause two certified copies of the SEN
tence to be made out, which shall be
signed by the president and attested by
the judge advocate-one of which, the
president shall forward to the officer
who ordered such court-martial, and the
other shall be delivered to the brigade
inspector of his brigade; but a record
of the proceedings must remain in the
hands of such court-martial for the pur-
pose of collecting fines, or any other
purpose where fines may be assessed
against any person by the sentence Of
a court-martial, and the sentence has
been approved of 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 men, agreeable to the provis-
oins of this act, the president of such
court shall administer to the Judge advo-
cate the following oath, and after be-
ing sworn, the judge advocate shall ad-
minister to the president and other mem
bers of the court the same oath, viz: You,
and each of you do solemnly swear Cor
affirm that you will and truly try and
determine according to evidence, the
matter now before you, between the
United States, Cor the state of Ohio as
the case may be, (and the person to be
tried, and that you will truly admins
ter justice according to law, without
partiality, favor or affection, according
to your conscience, and the best of your
understanding and custom of war in like
cases; you do further swear Cor affirm
that you will not divulge the sentence
of the court, until it shall be published by