184

LAWS OF MARYLAND;

1812,

Witnesses on
the trial of of—
fenders shall de-
clare on oath or
affirmation
Members of
courts shall take
an oath.

ART. 11th. The president of each and every coun,
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 snail take
an oath or affirmation; which the president is required
to administer to them as follows: " You, and each cf
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 mem-
ber of the court-martial.

Presidents of
courts-martial
may issue sub-
poenas for the
attendance of
witnesses.

ART. l2th. That the president of every court-mar-
tial authorised by this act shall have power and au-
thority 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 attachment directed to
such person as they may appoint, against all and eve-
ry person or persons who shall neglect or refuse, on
being duly served with a summons issued by the pre-
sident 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 shall receive
such compensation as the court-martial may deem
reasonable.

Commissioned
officers trans-
gressing these
rules.

ART. 13th. No commissioned officer charged with
transgressing these rules shall be suffered to do duly in
the brigade, regiment, battalion or company to which
he belongs, nor to resign his commission until he has
had his trial by a court-martial; and every person so
charged, shall be tried as soon as a court-martial can
conveniently be assembled; and shall be furnished by
the adjutant general, the brigade-inspector, adjutant
of the regiment, or other person, (as the case may re-
quire, ) with a copy of the charge or charges exhibited
against him, at least ten days before his trial, that he

may have an opportunity to prepare his defence; and
in case any delinquent being duly notified of the time
and place of meeting of any such court-martial, who
shall refuse or neglect to attend the said court-martial,
is authorised and empowered to proceed to the trial of
such delinquent in the same manner as if he were
personally present.