| 1811.
CHAP. 182.
perform a tour of
duty. |
LAWS OF MARYLAND.
officer of the regiment or extra battalion to which such
company may belong, for such neglect or refusal he shall be cashiered
or fined, at the discretion of a regimental court-martial, a sum
not exceeding one hundred dollars nor less than five dollars. |
General court
martial. |
Art. 4th. Every general court-martial shall
consist of twelve
members, one of whom at least shall be a general officer, and none
under the grade of a field officer. |
Division court
martial. |
Art. 5th. Every division court-martial shall
consist of twelve
members, two thirds of whom at least shall be field-officers. |
Brigade court
martial. |
Art. 6th. Every brigade court-martial shall
consist of twelve
members at least, one third of who shall be field officers. |
Regimental court
martial. |
Art. 7th. Every regimental court-martial shall
be composed of
six commissioned officers. |
Extra battalion
court martial. |
Art. 8th. Every extra battalion court-martial
shall consist of six
commissioned officers. |
Company court
martial. |
Art. 9th. Every company court-martial shall
be composed of one
subaltern officer, one non-commissioned officer, and one private,
to be appointed by the commanding officer of the company, and in
case there shall be no subaltern or non-commissioned officer attached
to said company, then the captain shall apply to the commanding
officer of the battalion, regiment or extra battalion, to
which he may be attached, who shall, within ten 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, 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 were attached to said company. |
Two-thirds of
members of court
martial must agree. |
Art. 10th. 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. |
Witnesses to be
sworn Oath of
members of court
martial. |
Art. 11th. 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 evidence 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 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 president shall take the same oath, to be
administered by any member of the court-martial. |
Subpœnas may be
issued for attendance
of witnesses. |
Art. 12th. That the president of every court-martial
authorised
by this act, shall have power and authority to issue subpœnas to
procure the attendance of witnesses to give testimony before such
respective courts-martial; and every court-martial shall have power
and authority to issue attachment, directed 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 cause therein 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 |
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