1570

BALTIMORE CITY.

tion transmit a notice thereof to the governor and council under
a penalty not exceeding twenty dollars, in the discretion of
such court martial as the case may require.

Commis-
sioned
officers to
qualify.

SEC. 54. And be it enacted, That no person shall be com-
missioned under this act, unless he shall be a citizen of the
United States and of this state ; and each commissioned officer
already appointed who may have neglected to take the oaths
required of him or to have them endorsed on his commission,

Certificate.

or a certificate that he had taken the same so endorsed, shall
forthwith take the several oaths prescribed by the constitution

Oaths.

of this state, and also take the following oath or affirmation : 'I
A. B. do swear or affirm as the case may be, that I will be true
and faithful to the state of Maryland, and that I will diligently
and faithfully do and perform the several duties assigned to me
as —— jn the militia of the state of Maryland, and execute the
several provisions of this law according to the best of my skirl
and abilities, so help me God ;' and a certificate of hrs having
done so, shall be endorsed on the commission by the person
who may hare administered such oaths, and all officers here-
after commissioned shall take the like oaths, and have the like
certificate thereof, endorsed on their commissions, which they
shall report in writing, if a major-general to the commander-in-
chief, if a brigadier-general to the commanding officer of the
division, if regimental field officers or brigade staff officers,
to the commanding officers of their respective brigades, and if
company or regimental staff officers, to the commanding officers
of their respectives regiments, previous to their entering on any
of their respective duties ; and if any officer shall neglect or
refuse to comply with the provisions of this section as required
of him, he shall be liable to be cashiered or fined not exceeding

Penalty.

one hundred dollars, in the discretion of such court martial as
the case may require.

Officers
charged
with
offences.

SEC. 55. And be it enacted, That no commissioned officer
charged with any violation of this act, for which he might be
cashiered, shall be suffered to do duty in the division, brigade,
regiment or company to which he belongs, nor to resign his
commission whilst under such charge, 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 his brigade inspector, adjutant of his
regiment or other person as the case may require, with a copy
of the charges exhibited against him at least ten days before
his trial; and in case any delinquent being duly notified of the
time and place of any such court martial, shall refuse or neglect
to attend, the said court martial is authorized and empowered
lo proceed to the trial of such delinquent, in the same manner
as if he were personally present ; Provided nevertheless, that