| 1817.
CHAP. 228. |
LAWS OF MARYLAND.
appoint therefor, for the purpose of giving evidence in any cause
pending therein, and fine such person a sum not exceeding twenty
dollars, unless he can give a reasonable excuse; the return of which
fine shall be made to the officer ordering said court, in the same
manner, and within the same time, as other fines are directed by
this act. |
Witnesses to declare
on oath. |
25. AND BE IT ENACTED, That the president
of each court martial,
or other court created under 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 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 within the limits of the city of Baltimore; so help you
God;" and the president shall take the same oath, to be administered
by any member of the court as aforesaid. |
Penalty for refusing
to attend
courts martial. |
26. AND BE IT ENACTED, That any officer required
to attend as
a member of a division, brigade, regimental, extra battalion, or
company court martial, or any other court as established under this
act, who shall refuse or neglect to attend at the time and place appointed,
shall be fined not exceeding one hundred dollars by said
court, unless he can give a reasonable excuse for such non-attendance;
and any non-commissioned officer or private required to attend
as a member of any such court, who shall neglect or refuse to
attend at the time and place appointed, shall fined not exceeding
five dollars by said court, unless he can give reasonable excuse
for such non-attendance; which said fines shall be returned for collection
to the officer ordering said courts martial, except in the
fines shall be returned to the commanding officer of the brigade, to
which the offender belongs, in the same manner, and within the
time, as is directed by this act for the return of other fines. |
Absentees may be
excused. |
27. AND BE IT ENACTED, That each court martial
may acquit any
delinquent by them to be tried, upon its appearing to such court
martial that sickness, or some sufficient excuse, was the cause
of the violation of this act, for which such person is called to trial,
provided that business is not admitted as cause of acquittal; and
the officer ordering the court martial for the trial of offences under
this act, or his successor in authority, shall, where a fine shall be
adjudged by such court martial, have full power and authority to
remit the same, in those cases only where the delinquent did not
attend the court martial, and can prove to the satisfaction of said
officer that sickness, or some such sufficient cause, other than business,
prevented his attending the parade, as well as the court
martial. |
| Collectors to be appointed. |
28. AND BE IT ENACTED, That the brigadier
general of each of
the said brigades, shall, on or before the first day of July next, and
from time to time thereafter as may be necessary, appoint some
suitable person, on such terms as he shall deem advisable, to collect
all fines that may be imposed under this act upon all commissioned
officers of his brigade; and the commanding officer of each regiment |
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