| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
officer of the company, and shall consist of one subaltern,
one non-commissioned officer, and one private, who shall
have power to try all non-commissioned officers and privates for
all violations of this act, other than absence from parade; and in
case there should be no subaltern or non-commissioned officer attached
to said company, then the commanding officer of the company
shall apply to the commanding officer of the battalion, regiment
or extra battalion, to which he may be attached, who shall,
within five 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 commanding officer of the company, 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. |
1817.
CHAP. 228. |
22. AND BE IT ENACTED, That the lieutenant
colonels and majors
of the several regiments and extra battalions, in each of the
said brigades, shall be and they are hereby constituted a court of
inquiry, for their respective brigades, the eldest of whom in commission
shall be the president thereof, who shall meet on the second
Monday in January in each year, at such time and place as may
be established by the brigade major of each brigade respectively,
who shall notify the said officers thereof, at least three days previous
to said meeting, under a penalty to be imposed in the discretion
of a brigade court martial not exceeding fifty dollars; and it
shall be the duty of the commanding officers of the brigades, regiments,
extra battalions and companies, to lay, or cause to be laid,
their respective books of proceedings, for the preceding year, before
said courts of inquiry, respectively, under a penalty to be imposed
by such court martial, as the case may require, of not exceeding
fifty dollars; and the said courts of inquiry are hereby directed
to investigate the proceedings of each commanding officer
within their brigade as aforesaid, and if they should find that any
of them have in any manner infringed or neglected or refused to
comply with the provisions of this act, they shall forthwith report
the same to the officer competent to order such courts martial as
the nature of the offence may require, and the said officer shall
forthwith order such court martial, under a penalty for neglect or
refusal to comply therewith, of not exceeding fifty dollars, to be
imposed by such court martial as the case may require. |
Courts of inquiry. |
23. AND BE IT ENACTED, That in every court
martial, or other
court created under 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 court martial not less than two thirds
of the members present must agree in every sentence for inflicting
any penalty, otherwise the person charged shall be acquitted except
in case of fines, where a majority shall be sufficient. |
Courts martial, a
majority to form a
quorum. |
24. AND BE IT ENACTED, That the president
of every court
martial, or other court created under this act, shall have full power
and authority to issue subpœnas to procure the attendance of witnesses
to give testimony before such respective courts; and every
such court shall have power and authority to issue attachment, directed
to such person or persons who shall neglect or refuse, on being
served with a summons issued by the president of such court, to
attend, and to enforce such attendance, by such person as they may |
Subpœnas may issue
to witnesses. |
|
 |
