The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1874-06-10

a sentence on any person: it sucl
| person shall have been returned
us delinquent and duly summon
| ell before such court, or shall have
appeared before such court to an
swer the charges made aga nst
him: and when a suit Of proceed
ing shall be commenced ii any
court by any person against any
f, officer OF this State for any &C.
! done by such officer in his oficia,
capacity in the discharge Of any
duty under this .Act, or against
any person acting under authority
or order Of any officer, or hv vir.
tue Of any warrant issued by him
pursuant 10 law. the defendant
. may require the plaintiff in such
snit or proceeding to file security
for the payment Of the costs that
may be Incurred by the defendant
in such suit or proceeding, and the
defendant in all cases may plead
the general issue, and give the
! special matter in evidence.
! SEC. 81. All commanding officers
of companies, regiments, briyades
or divisions shall have power to
place in arrest any officer, and or
der in confinement any non-com-
missioned officer or private, who
may be under their command, and
persons in arrest or confinement
vii! not bear arms during the con,
tinuance Of such arrest or conine.
menA
SEC. 50. No commissioned off.
cer except staff officers, shall be
removed from office, or dismissed
! from the service, unless by the
sentence Of i legally constituted
cOurt-martial, rendered after a fail
trial, and approved in the manner
prescribed by the provisions Of
this Act, except in the following
cases, when they may be dismiss
ed by the commandcr-in-chicf
Upon conviction Of an infamous
crime removal out Of the bounds
Of his command to so great q dis
tancc that in the opinion Of his
commanding officer it is incorven.
lent to exercise his command.
SEC. SO. No officer, non-commis
stoned officer or private shall be
arrested except for treason, felony
or breach Of the peace, while 60
ing to, returning from, or attend
ing upon any military duty. court
martial or court Of inquiry, which
it is his duty to attend.
SEC. il. No citizen Of the State
above the age Of forty-ivc years
! shall, on account Of such aye, be
Ineligible to office in the militia
nor incapable Of serving in 4 vol
unteer company. and no citizen OF
! the State, otherwise qualified
shall be Ineligible to office in tho
militia from not having been en-
! rolled therein.
SEC. 55. Any company of the
National Guard may, by vote o.
two-thirdS Of it's memb bers, form
bylaws, rules and regulations. not
inconsistent with this Act, for tho
government and improvement Of
It's members in military science
disci| line; and such bylaws, rules
and regulations shall be binding
but they may be altered from
! time to time, rs may be found ne
ceSsary. by the same vote. Fol
, the violation Of such bylaws: rules
! and regulations, the non-commis
stoned officer or private offending
may be expelled from the com.
pany by a two-thirds vote, ma
jority of all its members being
present and upon such action Of
! the company being confirmed il
! orders by the command Of the
regiment or battalion, and in case
ofa separate troop or battery, by
the commander Of the bri Trade o.
division to which such separate
troop or battery is attached, the
name Of such person shall be
stricken from the roll Of sucl
company, and he shall cease to be
:. mcmb ber. Any tirc for oifcusc:
against such bylaws: rules ant
regulations Of any company, not
: exceeding the sum Of fifteen dol
lars, a certified copy Of the pro
cccdinys relating 10 tho intiicliol
Of which has been returned to any
rcgimcnt:.l court-martiaI may be
enforced by such court: due no
! tice. being given to the delinquent
and any such fines. when collect
ed, shall be paid over to the com
pany Of which the offender or de
iinquent is ! member.
SEC. Sc. IF any officer, having
i warrant for the collection O.
any fine or penalty, shall not be
able to collect the fine Or penalty
within the time specified therein
then the officer issuing tie war
rant may at any time thereafter
within two years from the time