The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-04-29

the officer holding the election returns
shall issue any summons that may be ap-
Piled tor by either of the parties to pro-
cure the attendance of witnesses ; and all
such ohcers as compose said court shall
appear In full uniform, aud the party SO
applying shall serve the same, and en-
dorse the time of service thereon. which
shall be at least two days previous to the
sitting Of such court, and shall make q
return thereof to the president of said
court at the time and place therein men
toned ; and each witness thus summoned
shall be paid fifty cents for each days at
tendance as 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 their decision in
writing to the officer who holds such re-
turn, which decision shall be final and
conclusive Provided, that notice to the
Adjutant General, of the intention of any
%elector to contest the election of any Ma
jor General shall be given within fifteen
days after the election.
SEC. ST. On complaint of a commis-
stoned officer made in writing to a superb
or officer touching the conduct of any off
Ger such superior shall, if he think the
complaint a sufficient one for an arrest,
cause the officer against whom such com
plant is made to be arrested, and when
any officer is arrrcstel as aforesaid the of
ficer whose duty it is to arrest, shall mott
fy the officer arrested in writing that he
! Ia QISpanHod ffr7p,. md NATL oac,1f
ted from such arrest, stating the ground
of arrest and place of trial.
coUET MARTIAL.
+ SEC 59. In all cases where an officer
is arrested, the officer who orders the ar
rest shall issue any summons that may be
applied for by either parties, and parties
SO applying or any person whom the Off
GERS granting such summons may appoint
may serve tue same and endorse tue time
and service which shall be at least three
days previous to the settiog of the court
martial, and shall make return thereof !;
and any person who refuses or ~neglects to
attend a. court martial after being duly
summoned shall be fined in any sum not
exceeding 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 compul
sorry process to compel the attendance of
witnesses who refuse or neglect to attend
when legally summoned.
MAJOR GENERALS, BROADER GENERALs,&c.,
HOW TRIED.
SEC. 80. Major Generals shall be
tried By court martial appointed by the
commauder-in-chief when a major-gcneral
shall preside : brigadier generals shLl be
tried by courts martial appointed by q
major general, where a brigadier general
shall preside, aud all s:aff officers ranking
as brigadier generals, shall be tried by
the Same courts as ~brigadier generals;
colunels, Lieutenant cotoncls, majors cap
taius and lieutenats, or any staff off Ger
ranking as such, shall be tried by a our
martial, appointed by q lrigadier general
where a colonel shall preside, if ans there
is within the bounds of said brigade, and
if not, then a lieutenant coioaei, or maj 'r
shall preside; but if there is neither a
Northumberland, nor major, than.a cap
tain or lieutenant shall preside; each
court martial shall consist Of nos less t an
five, nor over thittccu members. and to be
of rank IS near a may be 20 tie rank of
the rauk IF The officer TO be tried, if such
can be found within the b,und+ Of any
brigade ; all courts-martili shall hav
poSer to punish any officer for neglect of
duty, disobedience of order, or any other
conduct uabecoming an ofic n, by su>pen-
sion, faing, cashieripg or dis qualification
ID hold any Office in the volunteer militia
of this State, AMI in ell cases the pre- i
dent of such court martial shall cause two
&C; titic1 copies of the sentence to b. made
out, whiYh shall be signed by the Presi-
dent, and attested by the Judge advocate
one of which the president ehall for
ward to the ofhc T who ordered such court
martial aud the other shall be delivered
to the brigade inspector of his brigade ;
but a record of the proceedings must re-
main in the bands of such court martial
for che purpose 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 bv the officer or eriug snch
court martial, he shall certify the same,
and cause the same to be collected as pro-
vided by this aef.
SFc. 50. When any courts-martiaf
shall have met, agreeable to the provisions
of this act, the president of such court
shall administer to the jddge advocate thu
following oath, and after being sworn, the
Judge alvoca o shall dninis CIR to the pres
ideut and other members of the court the
same oath, viz You, and each of you do
solemniy swear Cor affirm that you will
we'll 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 per-
son 10 be tried, and that you willtruly ad-
minister justice according to law, without
partiality, favor or affection, according to
your conscience, and the best of your an
derstanding and custom of war in like Ca
ses; you do further swear (or AFFIRM that
you will not divulge the sentence of the
court, until it shall be published by prop
er authority, neither will you disclose the
opinion of any particular member of the
court, unless required to give evidence
thereof in a court of justice, in a duo
course of law. The judge advocate shall
prosecute, in the name of the United
States, or of the State of Ohio Gas the case
be) but shall so far consider himself
as counsel for the person accused, as to
object to any illegal question put to the
or person accused, or any wit
ness, the answer to which might tend to
criminate himself. He shall also see
right and justice done to the defendant,
on all questions which may arise IN a