Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-04-22
sUp0n OF K~IEcrIoSs.

duties pertaining TO sale orhce, until property
filed as provided for.
sUpoEs OF INJECTIONS.
SFc. IS. All persons serving as judges and
clerks Of any election Of volunteer militia Off
GERS of this State; shall before entering upon
thei- duties. take an OATH or If rmation to hon
estly and faithfully discharge their respective
duties as such, before any officer who is auth
orized to administer osths, and ell commits
stoned officers of the volunteer militia Of this
State may also administer such oath or affirm
alton. And whenever any brigade is attach
ed to any other brigade. or TO any other divis-
ion. according to the provisions Of this set, the
legal electors , { such brigade shall have the
privilege Of voting for volunteer or general
officers within the bounds of such brigade or
division to which they ere attached.
coStEsrEp KrzcrloSs-
SEC. sc. If any candidate or eIector chooses
to contest The validity ef any election had I'M
der the provisions Of this act. a. 10 the right
of any person proclaimed duly elected an Off
Ger, he shall give notice thereof in writing to
the officer xhoholdst the election returns, with
in ten DAYS from the time Of holding such cleo
tion and within said time and in like manner
he shall notify the person whose election he
means to contest. expressing the point or
points on which he means to rely, and the off
Ger holding the POLLOCK or election returns,
shall summon the parties to appear Of q GER
tain time and place, which shall not exceed
twenty DAYS from the day Of election, before a
court, over which the highest officer in rank,
or eldest in commission present, shall preside,
which eourt shall be composed of not less than
three, nor over five commissioned officers,
whom he shall suumen for that purpose; and
The officer holding the election 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
said ,ccnrt shall appear in full uniform, and
the party so applying shall serve Il same, and
endorse the time Of service theron, which shall
= be at least two days previous to the sitting of
such court, and shall make return thereof to
the president Of said court at the time and
place therein mentioned: each vitGe; IS thus
summoned shall be paid fifty cents for each
days attendance as such, out of the fund 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 fbe:. decision in writing to the on
icer who holds such return. which decision
shall be final and conclusive Provided, that
notice to the adjutant gene- j, Of the intention
of any elector 70 contest the election of any
Major General. shall be given within fifteen
days after the election.
ARRESTS.
Sac. 81. On complaint Of a commissioned
officer made in writing to a superior officer
touching the conduct Of any officer, such SUI
perior shall. il he thinks the complaint q suf-
hcient one for an arrest. cause the officer
agains. whom suca complaint is made to be ar
rested. and when any officer is arrested as
aforesaid, the officer whose duty 1t IS to arrest
shall notify the officer arrested 10 writing that
he is suspended from command until acquitted
from such arrest. stating the grouad Of
arrest and place of trial
COURT MARTIAL
SIC Sc. In all cases where an officer is ar
rested, the officer who orders the arrest shall
either Of THE parties and parties so applying, or
issue any summons that may be applied for by
any person whom the officers granting such
Summon may appoint, may servefh same and
endorse the time and service, which shall be
at least ihree days previ Gus to to the sitting OF
the court martial. and shall make return there
OF: and any person who refuses or neglects to
attend = court martial. after being duly sum
moned, shall be fined in anv sum not exceed
ing fifty dollars, which fine shall be collected
and applied as other fines under the provisions
of this act, and any court martial shall have
power to issue compulsory process 10 compel
the attendance of witnesses who refuse or neg
lee. te attend when legally summoned.
xEoa GENERALS, BRIeADIEE GENERALS dc HOW
TRIED.
SIC. So. Major generals shall be tried by
reurt martial appointed BY the commander in
CHIEF, when a naior-general shall preside: bri
gadier generals sha | be tried by court martials
appointed by amsjor- general, where a briga
diei general shall preside; and all staff off
Gers ranking as brieedier-generals, shall be
tried by the same court as brigadier- generals;
colonies, iieurenant-colonels, majors, captains, !
and lieuiensnts. or any staff effcer ranking as
such, shall be tried BY a C nrt martial sppOin-
ted by q brigadier general, where a colonel
shall preside, if any there is within the bounds
of said brigade, und if nat, then Q lieutenant .
colonel or o major shah 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
eve nor over thirteen members, and TO be of
rank. as near as may be, to the rank of the of ;
fcer 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 ne
glect Of duty, disobedionce of orders, or any
ether conduct unbecoming an officer. BY sus-
pension, timing. cashiering or disqualification .
10 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 sentence 10 be made out. which ! !
,hall be signedby the president and sttested by !.
the judge advocate. one Of which the President
shall forward to the officer who ordered such
COufI mhIl1di. tuQ the OLnoT Suatl De Oti lFcFcO /
10 the brigade inspector of his brigade; but a f;
record Of the proceedings must remain in the q
hands of such courl-martial for the purpose of
collecting fines. or any ofher purpose where
fines may be assessed against any person BY
the sentence of a court martial, and the sent 4,
ence has been approved of by the officer urder :
ing such oourt-martial, he shall certify the
same, and esuss the same to be collected As .
provided by this act :
Sr1 en- Ill.,, o.-r4 ,arf,,I- - -. :
met. agreeable to the provisions of this act, the
president Of such court shall administer to the
judge advocate the following oath, and after |
being swern the Judge advocate shall admin :
lister to the president aud other members Of the I
eourt the same oath, viz: You. and each of q
you, do sels1nnly swear Tor affirm that you {
viii well and truly t-y and determine accord :
jsg 10 evidence. the matter now before vol. D
between the United Sl1tes, Tor the State of o
Ohio. as the case may be- md the person to
be uied. and that you viii truly administer y
jasticr according to law. without partially, ia
vor or affection, according to your conscience. d
and The bestof yoar understanding and custom z
of ar in like cases; you do further swear Tor a
affirm that YOU viii bot divulge the sentence c
of the court, until it shall be published bv y
proper a uihority, neither viii you disclose the
opinion Of any particular memberof the court. ,
unless required to give evidence thereof in a
- - = - - &01AS0 u A81 y r.
judge advocate shall prosecute lin the name OF =
the United States. or OF the State Of Ohio. (as 4
the case NAV bel bat shall so far considerhim a
self as counsel for the person accused, as to OBJ '
ject to any illegal question put to the prison :
.er, or the person accused, or anv witness, the
answer to which might tend to eriminate him.
self. He shall also see right and justice done ;,
70 the defendant. on all Questions which may 4
arise in $ court martial; the youngest in com
mission and lowest in rank shall vote first, and !,
sc on in succession TO the Oldest and highest !
N rank. and every person giving evidence be- Al
fore a cour-mzrtial, shall be examined on oath N
or affirmation, and all officers composing a 2
-court-msrfial shall be in full uniform :
SIC. 81. The party trie6 By a court-martial il
shall be entitled to scopy Of the sentence. and e
proceeding Of such court-martial after the de I
-cisioR. when demanded 'heref0r by HIM or any y
persons in his behalf: The commanding officer r.
5or the time being shall have full power Of par y
l. I q