Year: 1861

brigade ma jor shall detail and notify the officers 1 required to serve on such court.

 SEC. I9. If the officer to be tried shall be a

 general officer, he shall be furnished with copy

 of the order for said conrt, and copy of the

 charges in arrest, by the adjutant-general, or by

 division or brigade-inspector, as the command

 CT -in-chief shall direct thirty days before the

 sitting of said court, inclusive; and the officer

 furnishing such copy shall make return thereof,

 with the names ofthe officers composing the court, l to the judge advocate of the court; and II ne

 shall be of or under the rank of field officer, he

 shall be furnished with like copies, twenty days

 before the sitting of the court inclusive, by

 brigade-inspector, or adJutant of the regiment to

 which the arrested officer belongs, as the officer ordering the names of the officers composing the court to the judge advocate of the court. SEC. 8O The judge-advocate shall summon or cause to be summoned, such witnesses on the part of the state as may be necessary, by sub pena, signed by the officer ordering the court. or by the president thereof, or by the jndge- ad- vocate and the accused shall be entitled to the like process, to enable him to procure the atten- dance of witnesses, which process may be served by the judge advocate, or by any disintered per l son deputed by him; and on trial before court martial, depositions may be used in the same manner, under the same circumstances, and to the same extent, as in trials beforea civil tribun- al; prouided, that reasonable notice of the time and place of taking such dispositions shall be given to the prosecutor and accused.

 SEC. 81. All charges in arrest shall be made l out in due form, by way of complaint, and sign

 ed by the party complaining, addressed to the

 officer whose duty it is to order the court speci flying the act or neglect of which the accused is | supposed to be guilty, and praying due process, before the said officer shall order a court mar tial for the trial of the accused officer SEC. 8Z. The members of the court, before they the trial 0f accuSoA shall take the following oath, to be administered by the judge-advocaie, to wit: ssYou swear that you will truly try and determine, according to the evidence g iven in court, the matters depend ing between this state and the officer, officers, now to be tried; that you will not divulge the sentence of the court, until the same shall have been approved or disapproved according to law. neither will you, at any time disclose the vote or opinion of any member of the court, unless re quired by due course of law; so help you God" All other oaths which may be necessary to ad. minister during the court, may be administered by general or field officer, or by the judge-ad- vocate.

 SEC. S9. 4 judge advocate of each county shall be appointed and commissioned by the command in chief, and shall do the duties of that office in all courts-martial assembled and held in the county for which he is appointed.

 SEC. o4 The judge advocate shall take the fol- lowing oath, to wit " You swear that you will not at any time whatever, disclose the vote or opinion of any member of any court martial, in which you may be called to act, unless required by the course of law, nor divulge the sentence of any such court, unless the same shall have been approved or disapproved pursuant to law and that you will faithfully and impartially do the duty of judge-advocate, according to your best abilities; 80 help you God.' Which oath may be administered by any judge or justice of the peace, and a certificate thereof shall be made by such judge or justice, on the commission of the judge advocate sworn as aforesaid: and the judge advocate so appointed and sworn shall hold his office during the pleasure of the con- mander-in chief.

 SEC ,So. Whenever the judge advocate of the c"unty, oy reason of interest, by reason of re-

 lationshp between him and any officer to he

 t'iet, of sickness, or of any other cause, cannot act in any court-martial to be assembled and

 held in the county to which he belongs, the off c.r ordering the court may designate and order

 the judge advocate of any adjoining county to oficiate in said court-martial

 SEC. 86. If on trial, the accused shall except against any one or more of the members of the court, he shall state the ground of his objections

 and II It shall appear to the court sufficient, the member or members objected to shall leave their seats and if the number remaining shall bs less than i've the court shall be adjourned for a req 7o"obie time, that the officer appointing inc court court may detail others ts supply the place or

 SEC S9 Sc" Nc N"S cohfE martial shall order any other punishment than a fine not exceeding one hundred dollars, and reprimand, or either: or a fine not exceeding one hundred dollars, and cashlering, with disability of holding any militia ry office in the state, or either of these punish ments; and two thirds of every court shall con- cur in every sentence.

 SEC 88 If an officer under arrest shall reuse or neglect to attend court-martial according to orders and notice given him, he shall be sen fenced 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 attending in which case the court may adjourn, and notice thereof shall be given ty the judge-advocate 70 the arrested officer, at least ten days before the day to which the court is adjourned

 SEC. s9. The fines imposed by court-martial shall be for the use of the state, and shall he collected by warrant under the hand of the president of the court, directed to a sheriff or some other proper officer, whose duty it shall he to collect such fines, together with lawful costs and shall be paid by him to the state treasurer, except the costs of collecting the same; and in all cases in which fine or costs shall be award ed by court-martial, and the sentence of such court shall be approved, and the president of such court shall die, be discharged or promoted, without having issued warrant for such fine or cost the member of such court remaining next in rank to said president, shall issue such war rant.

 SEC. 90. If any witness duly summoned shall refuse to obey such summons, he shall, by war rant from 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 lives, there to be held, at his own expense. until he shall obey the summons or be discharg- ed by due course of law.

 SEC. 91. All witnesses 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 causes to be taxed by the president of the court, and to be paid by the state, to the judge-advocate 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 court is against the accused, and the same shall be duly approy- ed, the said fees shall, by warrant under the hand of the president of the court, directed in manner aforesaid, be collected of the delinauent and paid into the state treasurer.

 SEC 92. The members of said court shall be allowed nine cents per mile for travel to and from the place of holding said court, and one dollar per day for each day during its sittings and the person in whose house the court shall be holden, shall be allowed not exceeding two dollars per day, in full for room-rent, fre-wood and candles, and a bill for the same, being taxed and signed by the president, shall be paid from the state treasury; and the judge-advocate shall De allowed twenty-five cents for every legal page of the copy of the proceedings, and record of sne court-martial, to be taxed and paid in the same manner