136

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

Proceedings
against per-
sons not at-
tending.

23. And be it enacted, That if any delinquent from parade being
notified of the time and place of the meeting of any such courts of
appeal in the manner prescribed by this act, shall refuse or neglect
to attend, the said court is authorised and empowered to proceed to
the trial of such delinquent as if he was personally present;—Provided
nevertheless, that the said delinquent shall have power of making his
excuse in writing or otherwise in cases where he is prevented from
attending said court by sickness or absence from said city; and if he
should from the same causes, or either of them be unable to make
known his excuse to said court of appeal, the officer appointing such
court of appeal may in such cases only have the power of remitting
such fine or fines as may have been incurred by said delinquent for
absence from parade, upon the same conditions as the courts of ap-
peal are authorised to do: and if any officer shall neglect or refuse to
comply with the provisions of this section as required of him he shall
be cashiered or fined sum not exceeding fifty dollars in the discretion
of such court martial as the case may require.

Officers
may appoint
supernume-
raries.

24. And be it enacted, That the officer who may appoint a court
martial, or any other court under the provisions of this act, shall
have the power of appointing such supernumeraries to said court as
he may deem advisable.

Company
courts to con-
sist of.

25. And be it enacted, That the courts of appeal to decide upon
the remission of fines incurred by company officers, non commission-
ed officers, privates and musicians, as absentees from parade, shall
consist of not less than three, nor more than five members, one third
of whom at least shall be privates.

Superior
courts to con-
sist.

26. And be it enacted, That the courts of appeal to decide upon
the remission of fines incurred by the general officers, and their res-
pective staff officers, the regimental field officers, and their respec-
tive staff officers, as absentees from parade, shall consist of not less
than three nor more than five members, two thirds of whom at least
shall be field officers.

Books of
proceedings.

27. And be it enacted, That it shall He the duty of the commanding
officers of the division, brigades, regiments and companies, to keep,
or cause to be kept a book or books, in which shall be enured all the
proceedings of their respective commands for the year as required
by the provisions of this act, giving the dates of such entries, and it
clear and distinct detail of said proceedings, and if any officer
shall neglect or refuse to comply with any of the provisions of this
section as required of him, he shall be fined a sum not exceeding one
hundred dollars in the discretion of such court martial as the case
may require.

Division
court marti-
als.

28. And be it enacted, That every division court martial shall be
appointed by the commanding officer of the division, and shall con-
sist of not less than five, nor more than thirteen members, two third-.
of whom at least shall be, held officers, who shall have the power to
try the commanding officers of the brigades for all violations of this
act except such as arise from absence from parade.

Brigade court
martials.

29. And be it enacted, That every brigade court martial shall con-
sist of not less than five members, nor more than thirteen members,
one third at least of whom shall be field officers, who shall have the
power to try all regimental, field, and brigade stuff officers for all vio-
lations of this act, except such as arise from absence from parade.

Regimental
court mar-
tials.

30. And be it enacted, That every regimental court martial shall be
appointed by the commanding officer of the regiment, and shall con-
sist of not less than three, nor more than seven commissioned officers