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mendation of an officer or officers to the governor, to deliver a commission or commissions, to appoint a battalion muster, or failing to give notice of a regimental muster, to report delinquencies, to make returns of his regiment, as by this act directed, shall, for each and every such offence or neglect, forfeit and pay a sum not exceeding seventy dollars; for failing or refusing to receive the arms and delivering them out, as hereafter directed, a sum not exceeding five hundred dollars; for failing to send into actual service any militia legally called for, or to turn out his militia upon any invasion or insurrection of his county, three hundred dollars; for failing to appear while on duty in full uniform, ten dollars; by a major, for failing to take an oath, to summon any court or board, to attend any court or board, to give notice of any regimental or battalion muster, to examine his battalion, to report delinquencies, or to make any return as directed by this act, he shall forfeit and pay for each and every offence and neglect, a sum not exceeding thirty dollars; for failing to call forth from his battalion with due dispatch, any detachment of men or officers, as shall be required from time to time by the commanding officer of his regiment, on any call from the governor, invasion of, or insurrection in, his county, or requisition from any neighboring county, one hundred and fifty dollars; for failing to receive and deliver the public arms as herein after directed, a sum not exceeding two hundred and fifty dollars; for failing to appear while on duty in full uniform, seven dollars. By a captain for failing to take an oath, to attend any court, to inroll his company, to appoint private musters, to give notice of a regimental or battalion muster, to attend any muster, to call his roll, examine his company and report delinquencies, or to allot his company into divisions from one to ten, for a regular rotine of duty, or to make any return as directed by this act, he shall forfeit and pay for each and every offence and neglect, a sum not exceeding twenty dollars; failing to call forth such officers and men, as shall from time to time be legally called from his company, upon any call from the governor, invasion of, or insurrection in the county, or requisition from an adjacent county, or failing on such occasion, to repair to the place of rendezvous, he shall forfeit and pay seventy-five dollars; for failing to receive any arms as herein after directed, or to give a receipt therefor, failing to distribute them, and take receipts for the same, to make any report concerning the said arms, or to deliver the same, according to the directions of this act, for each and every offence, failure or neglect, he shall forfeit and pay a sum not exceeding fifty dollars; for failing to appear while on duty in full uniform, three dollars. By a subaltern officer, for failing to take any oath, to attend any court or muster, armed as directed, for each and every such offence, he shall forfeit and pay a sum not exceeding ten dollars ; failing to repair to the place of rendezvous, armed as required when ordered, upon any call from the governor, invasion of, or insurrection in the county, or requisition from a neighboring county, he shall forfeit and pay fifty dollars; for failing to comply with the directions of this act, (so far as the same relates to the public arms) defining the duties of captains of companies, when such captain shall be absent, and the command of such company shall devolve on such subaltern, he shall forfeit and pay, for every such neglect or failure, a sum not exceeding fifty dollars; for failing to appear while on duty in full uniform, two dollars; Provided, That no officer shall be subject to a fine for failing to appear

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180°. in uniform, until three months after he shall have qualified to his \- commission. By a non-commissioned officer, or soldier, for failing to repair to the place of rendezvous, when ordered, upon any cali from the govermor, invasion of, or insurrection in the county, or requisition i. om a neighboring county, he shall forfeit and pay a sum not exceeding eighty dollars, to be adjudged of and determined by their respective battalion courts of enquiry ; and moreover, shall ... be inrolled in the class destined to perform the next tour of duty ;

* and moreover, the said officers for any of the said offences shall be liable to be arrested and tried for the same as military offenders.

‘Penalty for ne: Any non-commissioned officer or private, failing to attend at his of duty by a regimental, battalion or company muster, armed and equipped as non-commission the law directs, shall forfeit a sum not less than seventy-five cents, nor ofter ** more than one dollar and twenty-five cents; and for refusing to re* I - ceive any arms, when offered, for failing to keep the same in order, as herein after directed, or to return the same when legally required, for each and every such failure or neglect, he shall forfeit and court martial pay one dollar.” If any non-commissioned officer or private shall may remit such be returned as a delinquent, in not appearing armed and accoutred

fines. as the law directs, the court martial before whom the same shall be tried, may, if it shall appear reasonable, remit the fine incurred by Proviso, him ; Provided, every such delinquent, who hath a firelock of any

kind, shall make it appear that he brought the same to muster; And provided also, That the commanding officers of companies shall not return any such non-commissioned officer or private, for failing to appear with a firelock at the muster, if it shall appear manifest to him, that he does not own or possess any. Any private on the ground at a regimental, battalion or company muster, who shall refuse to go into the ranks when required, shall forfeit and pay four dollars.

Solo 27. And whereas, it is necessary that certain tribunals be institutja.s..." ed for the trial of offences, as they are to be viewed in a military

light, (a) and for enquiring into certain delinquencies and assessGenerals, by ing fines; Be it enacted, That the governor or commanding officer whom to be ar- of the militia of this state, shall have power, for misconduct within rested. his own knowledge, or upon complaint lodged in writing by any

commissioned officer, to arrest and order a court martial of the state,

for the trial of the adjutant general, a major general or brigadier geofficers necessa-neral, to be do of one major general, not more than four brigary to compose a dier generals, and as many lieutenant colonel commandants and i. .** majors, as shall make up a number not less than thirteen ; and

heir trials. 3. -

such courts martial shall proceed to hear and determine on all offences

under this act, and may censure or cashier any officer so tried, which L't col. com. sentence shall be final, saving an appeal to the executive. And any aid de camp, bri-major general or brigadier general, for misconduct within their own £o P.” knowledge, or upon complaint lodged in writing by any commissi

ior. &c. b *... ."...oned officer, shali have power to arrest any lieutenant colonel com

rested. mandant, aid-de-camp, brigade inspector and major, or any other Court martial for inferior officer; and the commanding officer of the division, shall their trials. order a court martial for the trial of such lieutenant colonel com

mandant, aid-de-camp, brigade inspector or major, to be composed of one brigadier general, and as many lieutenant colonels comman

*Additional penalties respecting public arms, post chap. 84, 110, 112.

(a) See post chap. 110, sec. 1-Commanding officer ordering an arrest to determine whether the offence be cognizable before a military tribunal ; and the charges to be supported by affidavit. Sec. 2–No arrest to be directed after two years from the time of the alleged offence.

dant, majors and captains, as shall make up a number not less than thirteen; and such courts martial shall proceed to hear and determiue on all offences under this act, and may censure or cashier such officer; which sentence shall be final, saving to the party an appeal to the executive. And any brigadier ge:Meral, ieutenant colonel commandant, or major, for misconduct in any captain or subaltern, within his own knowledge, or upon complaint lodged in writing by any commissioned officer, may arrest such captain or subaltern; and the brigadier or commanding officer of the brigade, shall order a brigade court martial, for the trial of such captain or subaltern, to be composed of one or more field officers, and a sufficient number of captains and subalterns to make up a number not less than thirteen; and such courts martial shall proceed to hear and determine on all offences under this act, and may censure or cashier any officer so , tried; say which sentence shall be final, saving to the party an appeal to the executive; and the power of the commanding officer of the brigade or division, to affirm or reverse such sentence, is hereby abolished. And in all cases of appeal, the party making the appeal, may demand of the clerk or judge advocate of the court martial, a full copy of the proceedings had thereon, to be laid before the executive, who shall determine agreeable to the right of the case; and for obtaining the necessary evidences for the trials aforesaid, the commanding officer of the state, division or brigade, (as the case may be) shall issue his summons; and every person so summoned, failing to attend, shall be subject to and may be tried, by a court martial, and, if an officer, may, at the discretion of the court martial be cashiered or fined, not exceeding six months’ pay, as by law ałiowed; and, if a non-commissioned officer or soldier, to be reported to the court of enquiry of the regiment to which he shall belong, and be then subject to such fines and penalties, as they may think proper to inflict, not exceeding six months’ pay.

28. And be it further enacted, That the said courts martial, shall, in the trial of any officer, proceed according to the rules and articles of war, as established by a resolution of congress, except when any officer shall be tried for any offence committed while not in actual service, the officers convened for his trial, shall, instead of the oath prescribed by the said articles, take the following, viz. “I. A. B. do swear that I will well and truly try and determine, according to the evidence, the matter now depending between the commonwealth of Virginia, and C. D. under an arrest; and that I will duly administer justice, according to law, to the best of my knowiedge, without partiality, favor or affection; nor will I upon any account at any time whatsoever, discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof, as a witness, by a court of justice, or in due course of law—so help me God;" which said oath shall be administered by the judge advocate, to all the members of the court martial, and the president of such court shall thereupon administer the following oath to the judge adwocate, to wit: “You, A. B. do swear, that you will not upon any account, at any time whatsoever, disclose or discover the vote oroPinion of any particular member of the court martial, unless req:ir*

Politentiary, or by stripes, or of perjury or forgory, absolutely vacates the coin-
Mission of a militia officer. See post ch. 110, sec. 3.
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el to give evidence thereof as a witness, by a court of justice, or iri due course of law—so help you God.”

29. And be it further enacted, That every officer attending such court martial for the trial of any arrested officer, shall receive such compensation as if they were in actual service, allowing one day for every twenty miles they shall necessarily travel in going to, and returning from, the place appointed for such trial, and the time they shall actually attend; and every witness summoned and attending, shall be allowed the same compensation as witnessess in the district courts. Which attendance of the said officers and witnesses, shall be certified by such court, if any shall be holden ; if not, by any five officers summoned to attend as aforesaid, and paid out of the contingent fund.

30. And be it further enacted, That there shall be battalion courts

of enquiry, to be appointed by the commanding officer of the batta

lion, for the assessment of fines incurred under this act in such bat

talion, and such courts of enquiry shall be held within fifteen days

after each regimental muster, and to consist of the commanding of

ficer of the battalion, and the commanding officers of companies, or

a majority of them, who shall take the following oath, to be admini

stered by the presiding officer, and afterwards, by any other officer

of the said court, to him, to wit: “I - will truly and faithfully enquire into all deliquencies which appear on the returns to be laid before me, and will assess the fines thereon as shall seem just, without favor, partiality or affection—so help me God.” The commanding officer of the battalion shall then lay before the

said court, all delinquencies, as directed by this act; whereupon they shall proceed to hear and determine. And there shall moreover be a regimental court of enquiry, in each year, for the assessment of fines incurred by the officers of the regiment; and such court of enquiry shall be held by appointment of the commanding officer, in not less than ten days nor more than twenty days after the last battalion court of enquiry; to consist of the commanding officer of the regiment, battalions and companies, or a majority of them,

who shall take an oath in manner and form as prescribed above;

the commanding officer of the regiment, shall then lay before the said court, all delinquencies as directed by this act; whereupon they shall proceed to hear and determine. It shall be the duty of the presiding officer of each and every such court of enquiry, to return to the next regimental court of enquiry, all delinquent officers failing to attend the preceding court, and such regimental court may, for good cause shewn, remit or moderate any fine imposed by the two preceding battalion courts, or the preceding regimental court of enquiry. The said court may also exempt any militia man from. duty, on account of bodily infirmity, and may again direct such person to be enrolled when able to do duty.

31. The respective regimental courts of enquiry where it has not already been done, shall at their first court to be held under this act, appoint by ballot, a clerk and provost marshal, who shall attend the courts herein before directed to be held. Such clerk shall keep a fair record of the proceedings of such courts, as also of the roster returned by the several captains or commanding officers of companies for regular rotine of duty, and shall make out for the sheriff a fair list of all the fines assessed by the regimental and battalion courts, ind one other list, which shall be transmitted to the auditors on or 1803. before the first day of May next, after such regimental court of en- \-yquiry was holden, in each year, and all other duties required by this [r. Seepostch. ot, and, together with the provost marshal, shall receive such al- $3, sec. 3, 4, al

owance to be paid out of the fines, as the court shall think reason- !. ‘’i

-'le. provost marshall 32. All fines to be assessed by virtue of this act, shall be collect-Sheriffs to colof by the sheriff of the county, upon a list thereof, certified by the o fines and pay der of the court of enquiry, and delivered to the sheriff on or be- too." the fore the first day of January, in every year; but no fine imposed at any court of enquiry shall be put into his hands before a subsequent court of enquiry shall have intervened; the sheriff shall give his receipt therefor, and having deducted a commission of six per centum, Their compensa. shall account for and pay the residue into the public treasury, on or tion. before the fifteenth day of December next thereafter, under the same penalties, and subject to the same mode of recovery, as are prescribcd by law with respect to the collection of the taxes. And should May distress for any person so charged with fines fail to make payment on or before files after first of the first day of May, in any year, the sheriff is hereby authorised to make distress and sale therefor; Provided nevertheless, That the com- Proviso. manders of regiments, shall have power, for good cause shewn, and where it shall appear that any non-commissioned officer or private had it not in his power, to attend the regimental court of enquiry, to offer his excuse, to suspend the collection of said fine, until the next regimental court of enquiry, by a written order to the clerk of such court or to the sheriff, as the case may be ; Provided, such ap- Further proviso. plication is made before the first day of March next after the said fine shall have been imposed; which said regimental court of enquiry, shall order and adjudge as if such excuse had been offered in due time.

33. And he it further enacted, That if any person on whom any fine Howsinesquely shall be imposed shall not have any visible property, it shall be law-persons not hav. ful for the sheriff to attach the effects or money of such delinquent in; Yolo Po in the hands of any person, and it shall be lawful for such garnishee o be colto satisfy and pay the amount due on account of such fines; and it shall be a discharge for so much against such delinquent, but if he shall refuse or fail to pay the said amount it shall be the duty of such sheriff to summon such garnishee before the nearest justice of the peace for such county, informing him the precise time he shall appear, and if he shall appear and on oath confess that he has effects in his hands, or stands indebted to such delinquent sufficient to satisfy such fine and costs, or if he shall fail to appear, it shall be awful for the said justice to award execution against such garnishee for the amount thereof, or so much as shall appear to be in his hands, including sixty-three cents as a fee to such sheriff; Provided, That before such justice shall award any execution for default, he shall require an oath that such garnishee was duly informed of the time of such application.

34. And be it further enacted, That the sheriff of each county shall Sheriffstopsy all on or before the first day of October in every year, pay and satisfy drafts drawn by all drafts of the lieutenant colonel commandants, drawn as herein af- oio ter directed, for any purpose authorised by law, and on failure so to ojor.

do, the court of the county whereof he is sheriff, shall be and here- s

* Formerly to the executive. See Revised Code, vol. 1, ch. 182, sec. 30, pa. 338.

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