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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2591   View pdf image (33K)
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MILITIA 2591

General courts-martial of the organized militia not in the service of the
United States may be convened by orders of the Governor, and such courts
shall have the power to impose fines not exceeding two hundred dollars; to
sentence to forfeiture of pay and allowances; to a reprimand; to dismissal
or dishonorable discharge from the service; to reduction of non-commis-
sioned officers to the ranks; or any two or more of such punishments may
be combined in the sentences imposed by such courts.

In the organized militia, not in the service of the United States, the
commanding officer of each garrison, fort, post, camp or other place, bri-
gade, regiment, detached battalion or other detached command, may ap-
point special courts-martial for his command; but such special courts-mar-
tial may in any case be appointed by superior authority when by the latter
deemed desirable. Special courts-martial shall have power to try any per-
son subject to military law, except a commissioned officer, f or any crime
or offense made punishable by the military laws of the United States, and
such special courts-martial shall have the same powers of punishment as
do general courts-martial, except that fines imposed by such courts shall not
exceed one hundred dollars.

In the organized militia, not in the service of the United States, the com-
manding officer of each garrison, fort, post or other place, regiment or
corps, detached battalion, company or other detachment, may appoint for
such place or command a summary court to consist of one officer, who shall
have power to administer oaths and to try the enlisted men of such place
or command for breaches of discipline and violations of law governing such
organization; and said court when satisfied of the guilt of such soldier,
may impose fines not exceeding twenty-five dollars for any single offense;
may sentence non-commissioned officers to reduction to the ranks; may sen-
tence to forfeiture of pay and allowances. The proceedings of such court
shall be informal, and the minutes thereof shall be the same as prescribed
for summary courts of the Army of the United States.

An. Code, 1924, sec. 41. 1922, ch. 490, sec. 39.

43. All courts-martial of the organized militia, not in the service of
the United States, including summary courts, shall have power to sentence
to confinement in lieu of fines authorized to be imposed; provided, that
such sentences of confinement shall not exceed one day for each dollar of
fine authorized.

'No sentence of dismissal from the service or dishonorable discharge,
imposed by a court-martial, not in the service of the United States, shall
be executed until approved by the Governor.

In the organized militia, not in the service of the United States, presi-
dents of courts-martial and summary court officers shall have power to
issue warrants to arrest accused persons and to bring them before the
court for trial whenever such persons shall have disobeyed an order in
writing from the convening authority to appear before such court, a copy
of the charge or charges having been delivered to the accused with such
order, and to issue subpoenas and subpoenas duces tecum, and to enforce
by attachment attendance of witnesses and the production of books and
papers, and to sentence for a refusal to be sworn or to answer as provided
in actions before civil courts.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2591   View pdf image (33K)
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