Year: 1862

An Act relating te the Militia, Concluded from Fourth Pagel l SEC S1. The members eff the court before they enter upon the trial of any person accused. | shall take the following oath, to be adminis-

 tered by the judge advocate, to wit: " You swear that you will truly try and determine, &C., cording to the evidence given in court, the mat ters depending between this State and the officer tor officers now to be tried; that you will not

 divulge the sentence of the court, until the same

 shall have been approved or disapproved, ac-

 cording to law, neither will you, at any time. disclose the vote or opinion of any member of

 the court unless required by due course of law: so help you Godn'

 All other oaths which may be necessary to

 administer by general or field officer, or by

 the judge advocate.

 SEC. S2- A judge advocate for each county

 shall he appointed and commissioned by tho commander in chief, and shall do the duties of that office in all court marIials assembled and held in the county for which he is appointed. SEc. S9. The judge advocate shall fake the following oath, to wit:

 "Iou swear that yen will not at any time whatever, disclose the vote or opinion of any member of any caust martial in which you may be called to act, unless required by due corraa of law, nor diyulge the sentence of any such court, unless the same shall have been approv- ed or diHproycd pursuant to law and that you will faithfully and impart;ally da the duty of judge advocate according to your best abilities: so help you God!'

 Which oath may be administered by any judge | or justice of the peace, and a certificate there

 of shall be made ny such judge or justice, on

 the commission of the judge advocate sworn %

 aforesaid and the judge advocate so appoint

 ed and sworn shall hold his office during the pleasure of the commander in chief

 SEC. 90 Whenever the judge advocate of tho | county hV nf int byr nR

 relationship between him and any officer to be | tried, or of sickness, or of any other cause canaot act in any court-martial to be assembled 1 and held in tue county to which he belongs the

 officer ordering the court may designate and or

 der the judge advocate of any adjoining coun-

 ty to oficiate in said court martial. SEC. 9l. If, on trial, the accused shall except against any one or more members of the court. he shall state the ground of his objections, and

 if it shall appear to the court sufficient, the

 member or members objected toshall leave thsiH

 seats and if the number remaining shall Do less than five, the court shall be adjourned for

 Q reasonable time, that the officer appointing

 the court may detail othcrs,to supply the pla-

 ces of such members. SEC 92. No courtmartial shall order any | other punishment than fine not exceeding ono

 hundred dollars, and reprimand, or either; | or fine not seeding one hundred dollars,

 and cashiering, with disability of holding any

 military office in the State, either of these

 punishments; and two-thirds of every court shall concur in every sentence.

 SEC. 93 If any officer under arrest shall re- fuse or neglect to attend court-martial ac-

 cording to orders, and notice given him, he

 shall be sentenced by said court to pay . fine

 not exceeding one hundred dollars, and to be

 cashiered, with disability of ever holding any

 military office in this state, unless prevented by sickness, or some other reasonable cause, from ottppdiuU in rrhich tha | adjourn, and notice thereof shall be given by the judge advocate to the arrested officer, at

 least ten days before the day to which the court

 is adjourned.

 SEC. 94. The fines imposed by court martial shall be for the use of the state, and shall be collected by warrant under the hand of tho president of the court, directed 10 sheriff or

 some other proper officer, whose duty it shalt be to collect such fines, together with lawful costs, and shall be paid by him to the state treasurer, except the costs of collecting tho same and in all cases in which fine or cost shall be awarded by court martial, and the sentence of such court shall be approved, and the president of such court shall die, be dis charged or promoted, without having issued Q warrant for such fine or costs, the member of such court remaining next in rank to said pres- ident shall issue such warrant SEC 95. If any witness duly summoned shall refuse to obey such summons, he shall, by war rant rom the president of the court, directed to the sheriff, his deputy, or a constable in the county, be committed to jail in the county where he resides, there to be held at his own expense, until he shall obey the summons, or be dis charged by due course of law. | SEC. 96. All witnessed summoned on the part

 of the state, and the judge advocate for sum

 moning them, shall, for travel and attendance,

 have the same fees as are allowed in civil caus- es, to be taxed by the president of the court,

 and to be paid by the state to the judge adyo-

 cate and the fees of witnesses, when received

 by him, shall be paid to the persons to whom | they are due and if the sentence of the cort is against the accused. and the same shall be duly approved, the said fees shall, by warrant under ] the hand of the president of the court, direct-

 ed in manner aforesaid be collected of the de-

 linquent, and paid into the state treasury.

 SEC 97. The members of said court shall be

 allowed nine cen.s per mile for travel to and

 from the place of holding said court, and one

 dollar per day for each day during it's sittings;

 and the person in whose house the court shall | be holden, shall be allowed, not to exceed two

 dollars per day, in full for room rent, fuel and lights; and Q bill for the same being taxed and signed by the president, shall be paid from the state treasury; and judge-advocates shall ba allowed twenty-five cents for every legal page of the copy of the proceedings and record ofthe court-Ynrtial, to be taxed and psid i1 the qszS ! utsnns.