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Proviso.
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trial ; Provided, that business is not admitted as cause of ac-
quittance ; and the said commanding officer shall within the
said period notify the members of the said court of their ap-
pointment, and transmit to the president thereof a list of ab-
sentees from said parade ; and the said court of appeal shall be
held on the second Monday after each parade as aforesaid at the
time and place which shall have been previously established
by the officer ordering the same ; and if the said commanding
officer shall refuse or neglect to comply with any of the pro-
visions pf this section as required of him, he shall be fined not
exceeding fifty dollars, in the discretion of such court martial
as the case may require.
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Brigade
court of
appeals.
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SEC. 22. And be it enacted. That the commanding officer of
each brigade shall within twenty days after the division review
and regimental parades of his brigade as directed by this act, ap-
point the court of appeal for his brigade, which shall have power
to remit the whole or part of such fine or fines as may have been
incurred by the general officers, regimental field officers, and
brigade and regimental staff officers as were absent from said
review and parades, upon its appearing to said court of appeal
that sickness or some such sufficient excuse was the cause of
the violation of this act for which such person is called to trial ;
Provided, that business is not admitted as cause of acquittal ;
and the said commanding officer shall within the said period
notify the members of said court of their appointment as well as
the time and place of holding said court, and transmit to the
president thereof a list of absentees from said review and
parades ; and it shall be the duty of the brigade-major of each
brigade to notify the said absentees of his brigade from said re-
view and parades, of the time and place of holding said court of
appeal as previously established by said commanding officer,
either by a written or public notice in two or more of the news-
papers of said city at least three days previous to the meeting of
the same; and if any officer shall refuse or neglect to comply
with any of the provisions of this section as required of him, he
shall be fined not exceeding fifty dollars, in the discretion of
such court martial as the case may require.
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Proceed-
ings against
persons not
attending.
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SEC. 23. And be it enacted, That if any delinquent from
parade being notified of the time and place of the meeting of
any such courts of appeal in the manner prescribed by this act,
shall refuse or neglect to attend, the said court is authorized
and empowered to proceed to the trial of such delinquent as if
he was personally present; Provided nevertheless, that the said
delinquent shall have power of making his excuse in writing
or otherwise in cases where he is prevented from attending
said court by sickness or absence from said city ; and if he
should from the same causes, or either of them be unable to
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