MILITIA.

other source, that any of the said officers, or any other officer in
said division, has neglected or refused to comply with any of
the provisions of this act as required of him, he shall be
cashiered or fined a sum not exceeding one hundred dollars,
in the discretion of such court martial as the case may require.

1661

SEC. 33. And be it enacted, That in every court martial or
other court created under the provisions of this act, except
company courts martial, a majority of the members appointed
on the court, shall be sufficient to form a quorum ; and in every
such court not less than two-thirds of the members present
must agree in every sentence given, otherwise the person
charged with violating any of the provisions of this act shall be
acquitted, except in cases where a fine is to be imposed or
remitted, and then a majority shall be sufficient.

Direction
to court
martial*.

SEC. 34. And be it enacted, That the president of each court
martial or other court, created under the provisions of this act,
shall have power and authority to issue subpoenas to procure
the attendance of witnesses to give testimony in any cause
pending before said court, and said court shall have power and
authority to issue attachment against any person who shall
neglect or refuse to attend, and to enforce such attendance by
such person as they may appoint therefor, and said court may
also fine said person any sum not exceeding twenty dollars,
unless he can give a reasonable excuse for not attending as
aforesaid, and if the person appointed as aforesaid to serve said
process, shall neglect or refuse to serve the same, he shall be
subject to such fine as said court shall impose, not exceeding
the sum of twenty dollars, and the return of said fines shall be
made to the officer ordering said court in the same manner,
under the like penalty, and within the same time, as the re-
turns of other fines are directed by this act.

Power of
courts mar-
tial

SEC. 35. And be it enacted, That the president of each court
martial or other court created under the provisions of this act,
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 take an oath or affirmation, which the president is re-
quired 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

Witnesses
examined
on oath.

truly try and impartially determine all causes to be tried by
this court according to the provisions of the act for the better
regulation of the militia of the city of Baltimore, so help you
God, and the president shall take the same oath to be adminis-
tered by any member of the court as aforesaid.

Oaths of
members*

SEC. 36. And be it enacted, That any officer required to
attend as a member of a division, brigade, regimental or com-
196

Penalties
for not