Litchfield enquirer., 1871-10-26
WHOLE NO 2401

Sec. 99 Every sergeant, corporal, musician and private of the militia, shall be detailed or der tached to perform tour of military duty, unde, " the authority of this State or of the United States may procure substitute of equal grade with him. self, to be approved and accepted by the senior officer m commaud at the place of rendezvous. who shall be inc onIy proper officer to approve and accept shbstitutos ond determine tloiE quni- fcatons; and snch officer shall not accept c sub situte, unless he is completely equiped and in un form, according to law; and such substitute, when jeet to the laws of the State for forming and con- ductlng the military force, while in actual ser vice. EEI7a -5 tC Sec: 100. The commanding officer of the com- pany from which any detachment is made shall give immediate notice thereof to the person or persons detached, which notice shall be written, printed, or verbal, as required in this section of this act, aud shall be read spoken in the hear. tng of the persons detached, or an attested copy of it shall be left at his usual pat of abode by one of the sergeants of said company; and when- detached or notified as aforesaid shall refuse or neglect to appear in person or by substitute, ap- proved as aforesaid, at the time and place appoint ed for the rendezvous of such detachment, he shall be taken to be soldier absent wlchout leave, and shall be dealt with accordingly.
 Sec l0l. Any officer or soldier wounded or disa- bled. and the widow and children ofany officer or soldier killed while in the service of this State. shall be suitably provided by the legislature.
 Sec. 102. If any person holding commission in the militia of this State, and detached to hold himsefin readiness for service, by virtue of any law of the United States shall, during the period for which the detachment shall be made. die. be disabled, promoted, or discharged from such de. tachment, the commander-in chief of the militia may cause come other proper officer of the mili- tia to be detached to serve tinl his stead
 CHAPTER X.
 cE CoURT-MARTIAL.
 Sec. 103. General, field commissioned and staff officers shall, for disobedience of orders, and unoficer like conduct while on duty, or during any day appropriated for military ex. ercise or parade. and for the neglect of any du- ty imposed upon them as officers of the militia be subject to trial by general court-mar'ial, &C., cording to the usage and practice ot war which court-martial shall consist of not less than five nor more than seven members and the senior officer, who shall always be of rank superior to the officer on trial, shall preside. corut- martial for the trial of an officer of or under the grade of a lieutenant colonel, shall be ap- pointed by the commanding officer of the brig ade; for the trial of a general officer or colonel by the commander-in-chief; and in every oourt- martial there shall be a judge advocate, who shall discharge the duties of the office accord ing to the usage and practice ofcourts-martial; and no other person shall be admitted to paos- ecute or desend the arrested officer.
 Sec. 104 Whenever court martial shall be ordered, the order shall designate the time and
 
 officer to preside, and the number and rank of other officers of which the court is to be com, posed and if the court shall be ordered by the ommander-in-chief, the order shall be signed by the commander-in. chief, or by the adiutant general and shall be of the tenor following, to wit:
 STATE OF CoNNET1cUT, ss.
 A general court-martial is ordered to assem- ble at on the day of for the trial of such person or peasonS as may be brought before it to consist members to be taken from the division Cor brigade) to wit mojor-g general, Cor brigadier generaD will preside. The adjutant of the regiment will furnish an orderly rergeant to attend and execute the orders of the court.
 If the court shall be ordered by brigadier general, the order shall be si5ned by the briga- dier-general, or by the brigade major by his order. and shall be of the following tenor, to wit:
 ESTATE OF CONNECTICUT, ss
 BRIGADE ORDERS.
 A general court-martial of this brigade will assemble at on the dayof
 for the trial of such person or persons as may be brought before it, to consist of
 members, to wit: oolonels. lieut. enant-colonels Cor mojors) and captains. Colonel will preside. The adiutant of the regiment will furnish an orderly-ser- geant to attend and execute the orders of the court. ...,.. .
 Sec, 1O5, For general court-martial, the adjutant general shall detail and notify the general officers, and apportion the number of other officers required, and give notice thereof to the brigade inspector, who shall detail and notify said officers, and make return to the adjutant-generars office; and for a brigade court-martial, the brigadier-inspector shall de- tail and notify the officers required to serve on such court. .F
 Sec. 106, If the officer to be tried shall be general officer, he shall be furnished with @ copy of the order for said court, and a copy of the charges ill arrest, by tEe adiutant-general ol by brigade-inspector. as the commander in-chief shall direct, thirty days before the sit- ting of said court inclusive; and the officer furnishing such copy shall make return there- of, with the names of the officers composing the court, to the jbdge advocate of the court, and if he shall be of, or under the rand of field officer, he shall be furnished with like copies twenty days before the sitting of the courts, inclusive, by brigade-inspector or adivtanr of the regiment to which the arrested oflcet belongs, as the officer ordering the court sb al direct, who shall direct the same, and thl names of the officers composing the court, ot judge-advocate of the covrt.
 Sec. 1O7. The judge-advocate shall summon or cause to be summoned. such witnesses on the part of the State, as may be necessary, by subpoena. signed by the officer ordering the court, or by the president thereof or by the judge-advotate and the aoaseds shall be enti- tied to like process. to enable him to procure the attendance of witnesses which process may be sarved by any judge advocate or by any Idis] s]interested per sons deputed by him and on tridl before courts martial, dispositions ma be used i'll the same manner, under the same circumstances and to the same extent as in trials before a civil tribunal but reasonable notice of the time and p.sace of taking such de- positions shall be giqen to the prosecutor and accused.
 Sec. 108. The members to compose the court shall be detailed by seniority in regular rotation of duty ,and all charges in arrest shall be made out in due form, by the way of com plaint, and signed by the party complaining, addressed to the officer whose duty it Is to order the court, specifying the act of neglect of which the accused is supposed to be guilth, end praying due process, before the said off. cer shall order court-martial for the trial of tho accused officer.
 Sec: 109. The members of the court, before they enter upon the trial Of any person acous- ed, shall take the following oath, to be admin. istered by the judge-adqocate, to wit:
 "You swear that yhu will truly try and de- termine. according to the evidence given in court, the mattera depending between this state and the oficer(or oficers) now to be tried; that you will not divulge the sentence of the court until the same shall have been approved