Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-05

n lQlSdemednOf,
other misdemeantS i'll any court OF COLI
petent jurisdiction and punished Dy d
fine not exceeding one hundred doliai
provided that such witness may pleau %
a defense that he was not rendered one
DAYS fee and mileage for the journey "
and from the place of trial; ana p ~
vided that all witnesses shall rectia 5in IA,
fees prescribed in the supreme luuit .ta
court, such amounts to be Pald py 'rio
adjutant general: and PROVIDED MAJ, tnat ~
witness shall be competed to tiotti
nate himself or to answer any quealioii
which may tend to incrllnlha'e VI oe
grade him.
Section 1O2. subpoenas and all other
writs and process when issued uy 81 ~,
every part of the state, bul Wneti "a ay
by other military courts cannot pe oSe
ecuted in any county other tiisih .t.0 en-
in which issued, except they se Hnr
dorsed by the governor, or an odnIt
authorized to order general 20 cou ~
martial in which case they can ,, pe an
acnted ySSa be in Substance let this
process be executed in any county "a
the state Of Maine and sha 9.i,I y Il o''eO
and signed by the officer making ~.
section 103 Whenever by any of the
articles Of section one hundred ana li u ttS
two, the punishment on conNlc'ioi ~ t tiiy
military offense is left to titi uis 't sh.i
90, ni exceed in the case of officers, DIS,
missal from the service forleltuie VI tn a.,
pay and allowances, and a iine ,i+ ol
i and IN ' the case of enlisted men, thirty
DAYS continements, dishonorable ois-
charge. forfeiture OF all pay i aiiu s,i'o nd
ances and a fine Of fifty doliars anu
costs of witnesses. Within such nidH
mum limit the governor may presGIiI ,'it
in the case Of enlisted men lesser miia1'
which q court-martial shall mol exceed,
and if no such limit be prescribed any
fine awarded shall not exceed me amour
of forfeiture presfribed -, within [nT limits
of punishment for enlisted men III 'lie
regular army But confinement shaii III
no case be awarded as Punlshment , en- IN
cept for an offense committed when on
duty in any encampment, maneuVers, anu
field instruction ordered for at least hEe
consecutive days or when ca,leo ont ny NY
vasion. tumult, riot, MOB. resistance ~
the laws of the state Chen or c ca out in
danger ef the ihereG f;, or Bowen wnen ea'eu '
Section 1O4 When the sentence or a
court-martial adjudges a fine and costs
against any person and Sucn me anu
cost has not been fully paid within tnlrty
days after the confirmation thereof, or
whenever a person in the military service
is ordered confined to await trial or -
sentenced to confinement by a court
martial. or whenever any person Is Or
dered into confinement under the eighty
sixth article, at a place or station not
provided with Il guard-houSe or MILITARY
prison, the governor, the court or ol1lcer
ordering the court, or the officer com
handing for the time being. as the case
ment directed TO the sheriff OF the county
in which the court-martial was held, ul-
: recting him to take the body OF the per
son SO convicted and contine him IN the
county JAIL and it shall be the duty OF
the sheriff to take the body of the per
son convicted and conflne him IN me
county Jail for the time specihed IN the
sentence, or for one day for any hne not
, exceeding one dollar, and one additional
day for every dollar above that sum,
and one additional day for each dollar
section 105. The jurisdiction Of the
: courts and boards established by this act
, shall be presumed, and the burden or
. proof shall rest on any person seeking
TO GUST such courts or boards of jurisdic-
ton in any action or proceeding.
No action or proceeding shall be pros
: ecuted or maintained against me1nper
of the military forces of this state or
officer or person acting under IT'S author-
: ity or reviewing its proceedings on &C
count of the approval or imposition or
, execution of any sentence, or the I'M
position or collection of any fine or PEN
atty or the execution of any warrant:
writ, execution process, or mandate Oh
: a military court
r Section l06 officers of the Judge advo-
: cate generals department, lndge awe ni.,
officers Of summary courts, are hereby
authorized to administer oaths for the
: purpose of military administration, and
= Shall charge no fee for the same.
: Section 1O7. Each summary court and
: the Judge advocate OF each reglmental
and each garrison court snail, at the
end of each month, make report to
, the adiutant general of the cases tried
, setting forth the offense committed and
+ penalty awarded, which reports may be
destroyed when no longer OF use
2 Section 1O8. The provisions of this ar
ticle shall apply, so far as opposite tc
the naval reserve.
Section 1O9. Every person belonging to
the active militia of the state snail in al
7 cases, except felony and breach of the
:, going to, remaining at, Or returning from
any place at which lie may be re-
. CURED to attend for the election vi oEi'
: GERS or other military duty.
Section 10. Every member Of the ac,,
! tive militia, every retired officer, and
every enlisted man holding the certificate
of merit shall be exempt from all jury
duty, production of a certificate from the
claimants commanding officer showing
, that the holder is a member of the ac'
= tive militia, or OF Il certificate Of retire
l ment or of "a certificate of merit, or the
: sworn statement of the claimant that he
> is such member retired officer, or holder
y of a certificate of merit, shall be prlma
tacie proof that the claimant is entitled
To the exemption.
= active militia shall perform any vol
=. untary military service except as au'
f thorzad by this act or by the express
orders of the governor.
Section ll2. NO organization or the ac'
: tive militia shall leave the state, and NJ
$ military organization of another state
= United States. shall enter the state, ex-
| cept in each case by permission of the
conmanderin-chief.
3 Section 113. No body of men, other
/ than the active militia and the troops OF
!, the United states shall associate them
selves together as Il military company OF
| organization or parade in public Wit
, firearms in any city or town of this
: state; nor shall any city or town raise OF
f appropriate any money toward armlng
; equippng, unforming or in any other
9 way supporting, sustaining or providing
! drill rooms armorieS for any suci
: body Of men; but associations wholly
a composed of soldiers and soldiers hon
! orably discharged from the service OF
+ the United States and the order known
! as the Sons Of Veterans may parade al
! any time in public with firearms having
: first obtained the written permission OF
). the city or municipal officers of the towl
J city in which they reside to parade
, and students in educational institutions
where military science is taught as a pre-
scribed part of the course of instruction
: may, with the consent of the governor
= drill and parade with firearms in pub
:, lie under the superintendent of theli
!. military instructors. Any person VIC
latng any provision of this section shall
! be deemed guilty of misdemeanor and
: punished by a fine not exceeding ten dol
; lars, or by Imprisonment not exceeding
six months or by both such fine and i'm