Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-04-30

shall attach said brigade 10 any other brigade
within his division, and the brigade attached
shall be considered forming part of said bri-
gade, and shall be subject to the same law and
rules as though it formerly belonged to said bri-
gade, and all fines paid into the county treasury
shall be paid out on the order of the commandant
of said brigade, who has command of the newly
attached brigade, and the Major General shall no.
tify the Brigadier General thereof; Major Gener-
ais having attached any of their brigades, shall
at all times have power to order election for
Brigadier General, and if said brigade elects a
Brigadier General, the Major General or comman
dart Of division shall restore them to that of bri
gade again, otherwise they shall remain part
of the brigade to which they were attached.
REFUSING TO ELECT COMPANY OFFICERS.
SEC. SO. Whenever any independent voluu-
teer company refuses or neglects to elect proper
number of officers TO command them, agreeable to
the provisions of this act, the Br:gadier General
or eommandaut of brigade, shall forthwith attach
them to any other independent company of the
same description, until he can be satisfied that
they will elect said officers, and said Brigadier
General shall at all times have power to order an
election for said officers.
REFUSING TO ELECT FIELD OFFICERS.
SEC. 81. Whenever election is ordered for
Colonel, Lieutenant Colonel, or Major, and the
electors refuse neglect to elect the same agree
able to, and in conformity with the provisions of
this act, the Brigadier General shall appoint any
commissioned company officer to fill said vacan-
cy, and certify the same to the Adjufant General,
who shall cause q commission to be forwarded
forthwith, and if such company officer refuse to
accept and perform the proper duties, then said
Brigadier General may appoint such officers from
among the Sergeants, CorpOrals, or priyates of
said company, and certify the same to the Adju
tant General who shall forward commissions ac-
cordingy; Provided, always, That from any
cause the superior officer of any military district
his office, or the said office shall be vacant, the
nextsenior officer in rank, belonging to the said
district, shall perform all the duties pertaining to
! said Office, until properly filled as provided for.
JUDGES OF ELECTIONS.
SEC. 55: All persons serving as judges and
clerks of any election of volunteer militia officers
of this State shall, before entering upon their du
ties, take oath or affirmation to honestly and
faithfully discharge their respective drties as
such. before any officer who is authorized TO ad-
minister oaths, and all commissioned officers of
the volunteer militia of this State may also ad
minister such oath or affirmation. And whenev
er any brigade is attached to any other brigade or
to any other division according to the provisions
of this act, the legal electors of such brigade shall
have the privilege of voting for volunteer or gen.
eral officers within the bounds of such brigade or
division to which they are attached
CONTESTED ELECTIONS.
SEC. Sc. If any candidate or elector chooses to
contest the validity of any election had under the
provisions of this act, to the right of any person
proclaimed duly elected an officer, he shall give
notice thereof in writing to the officer who holds
the election returns, within ten days from the time
| of holding such election, and within said time,
and in like manner be shall notify the person
| whose election he means to contest, expressing
the point points on which he means to rely, and
the officer holding the poll book or election re-
turns shall summon the parties to appear at GER
faip an1 shall t,van
ey days from the day of election, before court,
over which the highest offer in rank, oldest in
\ commission present shall preside, which court
shall be composed of not less than three, over
| five commissioned officers, whom he shall summon
for that purpose; and the officer holding the elec-
tion returns shall issue any summons that may
be applied for by either of the parties to procure
| the attendance of witnesses; and all such officers
as compose such court shall appear in full uni
/ form, and the party so applying shall serve the
same, and endorse the time of service thereon,
which shall be at least two days previous to thG
sitting of such court, and shall make a return
thereof to the president of said court, at the time
and place therein mentioned and each witness
thus summoned shall be paid fifty cents for each
| days attenSa Sance such, out of the funds of the
proper brigade on the certificate of the presiding
officer Of the court; and such court when met, shall
hear and determine the same, and report then
| decision in writing to the officer who holds suci
return. which decision shall be final and conclu-
| sive; Provided that notice to the adjutant gen
era of the intention of any elector contest the
election of any Major General shall be given with
| in fifteen days after the election.
! ARRESTS.
SEC. 81. On complaint of commissioned off
Ger made in writing to n superior officer touching
the conduct of any officer, such superior shall, i
he think the complaint a sufficient for ar.
rest cause the officer against whom such complain
/ il m do TN he and whom nfii is
rested aforesaid, the officer whose duty it is tt
arrest, shall notify the officer arrested in writing
that he is suspended from command until acquit
ted from such arrest, stating the ground of arres
and place OF trial.
| COURT MARTIAL.
! Sec 5S. In all cases where an officer is arrested
| 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 officer granting such summons may ap
| point, may serve the same and endorse the tim,
ahd service which shall be at least three days pre-
viOus to the setting of the court mar l and shall
| make return thereof: and any person who refuse.
! or neglectS tn attend court martial after being
duly summoned, shall be fined in any sum not ex
ceedng fifty dollars, which fine shall be collected
and applied as other fines under the provisions o.
| this act, ana any court martial shall have power
TO issue compulsory process, to compel the atten-
dance of witnesses who refuse or neglect to at
I tcnu
MAJOR GENERALS, BROADER GENERALS, &C., HOW
| TRIED.
SEC. 50. Major generals shall be tried by cour;
martial appointed by the commander in chief,
when major general shall preSide brigader gen
erals shall be tried by martials appointed by
a major general, There brigadier general shall
preside, and all staff officers ranking al brigadel
| generals, shall be tried by the same courts q.
brigadier generals; colonels, lieutenant colonies
/ majors, captains and ieuenants, o. any staff of.
! fcer ranking such, shall be tried by a court
martial, appointed by brigadier general where
a colonel shall preside, if any there is within the
| bounds of said brigade, and if not, then lieu
tenant colonel or major shall preside but if there
Is neither lieutenant colonel nor major, then
a captain or lieutenant shall preside; each court
martial shall consist of not less than fve nor over
| thirteen members, and to be of rank as near a:
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, dsObcdience of orders
or any other conduct unbecoming an officer, by
suspension, fning, cashiering, disqualification
to hold any Office in the volunteer militia of thi.
State, and in all the president of such cour
martial shall cause two certified copies of the
sentence to be made out, which shall be signed nv
the president, and attested by the Judge advocate
one of which the president shall forward 10 the
! officer who ordered such court martial, and tht
other shall be delivered to the brigade inspector OF
| his brigade; but record of the proceedings mus,
remain in the hands of such court martial for the
purpose of collecting fines, any other purpose
where fines may be assessed against auy person
by the sentence of 4 court martial, and the sen.
tenee has been approved of by the officer ordering
such court martial, he shall certify the same anG
cause the same to be collected as provided by thi.
| act
| SEC. so. When any courts martial shall bav,
met, agreeable to the provisions of this ac;, the
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