428 MILITIA. [ART. 63.

Article 3. If any captain or commanding officer of a company
shall refuse or neglect to make a list of the persons notified to
perform any tour of duty, or to send or convey the same to the
commanding officer of the regiment,-extra battalion or squadron
to which such company may belong, for every such neglect or
refusal he shall be cashiered or fined, at the discretion of a regi-
mental court martial, a sum not exceeding one hundred nor less

than five dollars.

Article 4. Every general court martial shall consist of twelve
members, one of whom at least shall be a general, and none under
the grade of field officer.

Article 5. Every division court martial shall consist of twelve
members, two-thirds of whom at least shall be field officers.

Article 6. Every brigade court martial shall consist of twelve
members, at least one-third of whom shall be field officers.

Article 7. Every regimental court martial shall be composed of
six commissioned officers.

Article 8. Every extra battalion or squadron court martial shall
consist of six commissioned officers.

Article 9. Every company court martial shall be composed of
one subaltern officer or non-commissioned officer, and one private,
to be appointed by the commanding officer of the company; and
in case there be no subaltern or non-commissioned officer at-
tached to said company, then the said captain shall apply to the
commanding officer of the regiment, extra battalion or squadron
to which he may be attached, who shall within three days after
such application, order a commissioned or non-commissioned
officer, or both, as the case may require, of a neighboring com-
pany, to repair to a convenient place designated by the captain
in whose district the delinquent resides, who shall then and there
hold a court martial in the same manner as if they had been at-
tached to said company.

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 party charged shall be acquitted; and any

person charged may be acquitted by any court martial upon its

appearing to said court that sickness or some such excuse