The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1866-02-07

he is, from the best information he can OBJ
tain, over the age of fOrty-tve years.
| Art. 1T. All non-comniissioned officers
who deliver notices to the subaltern OH
GERS, non-commissioned officers, musicians
and privates, of the times and places of
holding musters, shall return to their re-
spective commandments of companies, on
oath from time to time, list containing the
names ofthe persons by them notified; and
if not delivered by them within the time
prescribed by law, he shall note the time
such notice was delivered, which oath com
mandants of companies shall return TO the
| regimental Judge advocate, on or before the
/ day on which the court OF assessment meets,
to be by him laid before the court, which
| shall be sufficient evidence ofnOtice having
/ been served and upon any charge IN
writing, lodged with the judge advocate of
such court, prior to or during its sitting, OF a
failure or neglect of any officer, for which
he may by law be subject to tine, it shall
be lawful for the court, when the officer OF
officers are below the grade of field officers,
| to determine the same, subject, however, to
an appeal to the court of appeals.
! Art l2S All fines assessed and collected
under any OF the provisions of this chapter,
| on any general, or general stat officer, shall
be paid INTO the public treasury, and 1t shall
| be the duty of all officers ordering such
courts to cause a list Of the fines so assessed
| to be placed in the hands Ofthe sheriff OF the
county in which such delinquents reside,
within thirty days after a final decision Is
| had thereon, and take duplicate receipts OF
| the sheriff thereon, one OF which he shall
| transmit to the Auditor of Public Accounts
! by mail or otherwise, who shall cause the
| sheriff to settle and account for, as in case
| OF otLer public dues, within six days after
such lists shall have been placed in his
| hands.
Art 1923. The field officers of each reg
iment, or a majority of them, are hereby
constituted court of appeals, who, with
the regimental judge advocate, shall meet
on the first Monday in May, III each year,
who, having taken an oath before the judge
advocate to act lmpartlaIly, shall have
power to remit all fines assessed in their
regiments, (thOse on themselves excepted,)
If III their opinion they have been unJustly
assessed.
Art. 100. AL persons fined at a regimental
court of assessment, conceiVing themselves
aggrieyed thereby, shall and may, at any
time previous to the first Monday i'll May
next succeeding the sitting of the court of
assessment, appeal therefrom to the court OF
appeals In ali cases appeals shall be taken
III the following manner, tO-wlt: The per-
son appealing shall go before some justice of
the peace for his county and make oath that
he considers himself aggrieved by the decis-
ION OF the court OF assessment, and shall
state his defence in writing, and take such
magistrates certificate ofappeals as well as
of his defence and excuse, and file the same
with the commandment of the regiment OF the
judge advocate, which shall be sufficient tor
such appeal to be heard. In case any person
shall fail to make such appeal in writing,
it SHALL not debar his being heard before
the court of appeals upon the merits of the
case. Any excuse or defence made before
the court of appeals or assessment shall be
,if.l,a I,11 h,,
judge advocate of the court. The court of
appeals shall meet and sit at the same place
where the regimental court of assessment,
held III the preceding September shall have
assembled, and shall confirm or reverse the
decision of the regimental court of assess
ment. The regimental judge advocate shall
attest and record the proceedings of said
court, certify to the sheriff Of the county the
decision had on all cases where the fines as
sesSed had been RENTED, and also, to furnish
the reglmental quartermaster with copy to
enable him to settle with the sheriff 1t
shall be lawful for the court of appeals to
adjourn from day to day, Unnecessary, for the
trials of all appeals before them, and if a
majority of the court fail to attend, they
may adjourn until the first Monday in June
following, and continue in session until the
business 10 completed
Art. I31. 1t shall be the duty of the Gov
ernor, and Commanderin-Chief, annually if
,
quiry, where a major-general shall preside,
and to be composed of at least four and not
more than eight additional members, con-
sisting of bTigadieTgenerals and field Off
GERS, none of whom to be delinquents, in
making their annual returns for the preced-
ing year, to meet at the capital in the city
OF Jackson, in the month of April or May,
to inquire into the delinquencies of any
majOr-general who may be reported therein
by the acknowledgement for falling to make
the annual returns, and to impose the fines
annexed by law for such offense
Art. 132. If it shall so happen that the
major-generals are Ineligible on account of
their own delinquency, then the president
of such court shall be chosen from the brig
adler generals; and if the president detailed
shall not attend, majority of the remain
ing members shall be sufficient to constitute
n court, the eldest and highest in grade of
whom shall be president thereof; and the
court thus ordered having convened, shall
proceed to hear and determine all such
cases of delinquency as shall be laid before
them by the adjutant general; but shall,
previous to entering on the duties assigned
them, take the following oath, which shall
be administered by the president: You do
solemnly swear that you will truly and
faithfully inquire into such delinquencies as
shall be submitted to you and shall
assess the fines therefor as shall seem
just, without favor Partially, or affection,
So help you God" Which oath shall be adj
ministered to the president by any member
of the court. And on the trial of all delin-
quencies as here provided for, the court shall
not adjudge as good ground of defense, the
allegation of the party charged that any
brigadier general under his command had
failed to make his annual return, and this
provision shall apply in all cases, on the
trial of any grade, for failing to make their
annual returns.
Arf 1SR And tho RI Of fbna
established, shall have power, when con-
vened, to appoint recorder or clerk, and
provost marshal, who shall take an oath, to
be administered by the president, we'll and
truly to perform the duty assigned them.
Art l34. The president of the courts here
i'll established, shall cause list of the fines
imposed on each Delinquent, to DE placed
in the hands of the sheriff of the county
where such delinquent officer. resides, and
take his duplicate receipt therefor; one copy
of which he shall transmit to the Audi
tor of Public Accounts, and the sheriff shall
collect and account therefor, in the same
manner as is directed by the thirteenth Sec
ton of this article.
Art. 1876 In all cases where a division
brigade or regimental court of inquiry, may
be ordered to examine into the nature of
any accusation or imputation against COM
miSSioned officer, the court shall consist of at
least three and not more than five members,
! the eldest and highest in rank of whom
shall preside; they shall appoint some suit
able person as recorder, to reduce the evil
| dence and proceedings to writing; but they
shall not give the opinion on the merits of
! the case, unless they be thereto specially
required by the officer ordering the court
| These courts shall have power to summon
witnesses, and examine them on oath The
party accused shall also be permitted to
cross-examine and interrogate the witnesses,
so as to investigate fully the accusations in
inquiry, and of courts-martial, shall be au-
thenticated by the signature of the presi
| dent and recorder, or judge advocate, and
to be delivered to the officer ordering the
| same.
| Sec. IA. This act shall take effect and be in
force from and after its passage.
| Approved December g. 1865.
| An act supplemental to an act providing
r ~. -