JAMES THOMAS, ESQUIRE, GOVERNOR. 1834.
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both, as the case may require, of a neighboring 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.
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CHAP. 251.
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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 person charged shall be
acquitted; and any person charged may be acquitted by an y
court martial upon its appearing to said court that sickness
or some such excuse was the cause of the violation of this
act for which such person is called to trial.
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agree
Sickness, &c:
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Article 11. — 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 declare on 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 Mary-
land, so help you God;" and the president shall take the same
oath, to be administered by any member of the court
martial.
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Oath of witnesses
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Article 12. — That the president of every court martial
authorised by this act, shall have pon er and authority to
issue subpoenas 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
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Issue subpoenas
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attachments 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 evi-
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And attachments
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dence in any case 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, shall receive such compensation as the
court martial may deem reasonable.
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And fine for dis-
regard
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Article 13. — No commissioned officer, charged with trans-
gressing these rules, shall be suffered to do duty in the
brigade, regiment, battalion, or company to which he be-
longs, nor to resign his commission, until he has had his
trial by a court martial, and every person so charged, shall
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Officers under
charges
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