1164

LAWS OF MARYLAND.— 1834.

within three days after such application, order a commissioned,
or non-commissioned officer, or both, as the case may require, of
a neighbouring company, to repair to a convenient place, desig-
nated by the captain in whose district the delinquent resides,
who shall then and there hold a court martial in the same man-
ner as if they were attached to said company.

Two-thirds
must agree.

Article 10. In every court martial, not less than two-thirds of
the members must agree in every sentence for inflicting any
penalty, otherwise the person charged shall be acquitted ; and
any person charged may be acquitted by any court martial,

Sickness,
&c.

upon its appearing to said court that sickness, or some such ex-
cuse, was the cause of the violation of this act, for which such
person is called to trial.

Oath of
witnesses.

Article 11. The president of each and every court martial,
shall require all witnesses produced on the trial of offenders, to
declare on oath or affirmation, as the case may be, that the evi-
dence they shall give, shall be the truth, the whole truth, and
nothing but the truth ; and the members of all such courts shall
declare on oath or affirmation, which the president is required
to administer to them, as follows: 'You, and each of you, do
swear or affirm, as the case may be, that you will well and truly
try, and impartially determine, all causes to be tried by this
court, according to the rules for regulating and governing the
militia of the state of Maryland, so help you God;' and the pre-
sident shall take the same oath, to be administered by any
member of the court martial.

Issue sub-
poenas.

Article 12. That the president of every court martial autho-
rized by this act, shall have power and authority to issue
subpoenas to procure the attendance of witnesses, to give testi-
mony before such respective courts martial ; and every court

And attach-
ments.

martial shall have power and authority to issue attachments to
such person as they may appoint, against all and every person
or persons who shall neglect or refuse, on being duly served
with a summons, issued by the president of the court martial,
to attend for the purpose of giving evidence in any case therein

And fine for
disregard.

pending and fine such person any sum not exceeding twenty
dollars, (unless he can give a reasonable excuse,) out of which
sum the person serving such attachment, shall receive such
compensation as the court martial may deem reasonable.

Officers un-
der charges.

Article 13. No commissioned officer, charged with transgress-
ing these rules, shall be suffered to do duty in the brigade,
regiment, battalion, or company to which he belongs, nor to
resign his commission, until he has had his trial by a court
martial, and every person so charged, shall be tried as soon as
a court martial can conveniently be assembled ; and shall be
furnished by the adjutant general, the brigade inspector, adju-
tant of the regiment, or other person as the case may require.