The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-04-30

psny Of tie same description until he can
he satisfied that they will elect said off,
GERS, and said Brigadier General shall at
all times have power to order an election
Tor said officers.
REFUSING To ELECT FIELD OFFICERS.
| Sac 54. Whenever an election is or
! jerrt Tor Colonel, Lieut.. Colonel. or Major
and the eiec' ors refuse or neglect TO Pect
the same agreeable to, and in eoniormity
with the provisions Of this act, the BTiga-
dier General shall appoint any commits
stoned company officer to Gil said vacsn-
ey. aud certify the same to The Adju,ant
| Geueral who shall cause q commission TO
be forwarded forthwith, and il such com.
pany officer refuse to accept and perform
the proper duties then said Brigadier
General may appoint such officers from
among the Sergesnts. Corporas. or pri-
Yates of said company, and certify the
same TO the Adlutant General. who shall
forward commissions accordingly: Provid'
ed, always, That from any cause the su-
perior officer Of any military district shall
become disqualified to perform the duties
OF his office. or the said Office shall be va
cant, the next senior officer in rank, be-
longing to the said district. shall perform
all ibe duties pertsiuing to said Office, un-
I'll properly filed as provided for.
JUDGES OF ELECTIONS.
SEC S. All persons serving as judges
and clerks Of any election OF volunteer
militia officers OF this State, shall, before
entering upon their duties. take an oath
or affirmation to honestly and faithfully
discharge their respective duties as such,
before any officer whois authorized TO ad-
minister caths, and all commissioned ofi.
GERS Of the volunteer militia of this State
may also administer such oath or afirma-
ton. And whenever any brigade is at
tsched TO any other brigade, or 10 any
other division. according to the provisions
Of this act, the legal electors Of such bri.
gade shall have the privilege Of voting for
volunteer or general officers within the
bounds OF such brigade or division to
which they are attached.
CONTESTED ELECTIONS.
SEQ Sc If any candidate or elector
chooses 10 contest the validity of any e.
lection had under the provisions of this
act, as to the right Of any person pro.
claimed duly elected an officer. be shall
give notice thereof in writing to the officer
who holds the election returns, within ten
days from the time of holding such cleo
lion. and within said time, and in like
manner he shall notify the person whose
election be means TO contest, expressing
the point or points on which he means 10
rely, and the officer holding the poll'book
or election returns, shall summon the par
ties to appear at certain time and place
which shall not exceed twenty days from
the day OF election, before court over
which the highest officer in rank, or Oldest
incommission present shall preside. which
court shall be composed OF not less than
lhree, nor over five commissioned officers,
whom he shall SUMMON for that purpose;
and the officer holding the election returns
shall issue any summons that may be sp.
piled for by either OF the p4r les to pro-
cure the attendance Of Witnesses; and all
such officers rs compose said court shall
appear in full uniform. and the party so
applying shall serve The same, and endorse
the lime of service theron, which shall
be a, least two days psesous TO Ihe Sit
! ting of such court and shall make re-
turn thereof to the president Of said court
at the time therein mentioned; and each
witness thus summoned shall be paid fifty
cents for each days attendance as such;
out of the funds OF the proper brigade on
the certificate Of the presiding officer Of
The cour.; and such court when met shall
hear and determine the same, and report
their decision in writing 10 the officer
who holds such return which decision
shall be final and conclusive: Provided
that notice to the adjutant general. of the
Iintention OF any elrctor TO contest the
election Of any Major General shall be
given within fifteen days after the eIec-
uon.
ARRESTS.
SEC. 81. On complaint Of q commits.
stoned officer made in wiring to superb
or officer touching the conduct of any of
ticer such superior shall if be think the
complaint sufficient one for an arrest,
cause the officer sgains! whom such COM
pIaint is made to be arrested. and when
any officer is arrested AS aforesaid The or.
icer whose duty it is to arrest, sb#1i no.
tify the officer arrested in writinashst he is
suspended from command ub9fsacquitted
from such arrest. stating the ground of ar
rest and place Of trial. iii
COURT MARTIAL.
SEC 58 In all cases where an officer
Il is arrested, the officer who orders the ar.
rest 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 appoint. may serve the same and
endorse the time and service which shall
be at least three days previous to the set
ting of the court martial. and shall make
return thereof: and any person who refus-
es or negIects to attend court martial af-
ter being duly summoned shall be fined 10
any sum not exceeding City dollars, which
6ne shall be collected and applied as 9TH
er fines under the provisions of this act,
and any court martial shall have power
to issue compulsory process to compel
the attendance of witnesses who refuse
or neglect to attend when legally sum
moned.
MAJOR GENERALS, BROADER GENERALS &C.
| HOW TRIED.
SEC. SO. Major generals shall be tried
by court martial appointed by the COM
mander in-chief when major general
shall preside; brigadier generals shall be
tried by court-marlials appointed by
major general, where brigadier gener.