LAWS OF MARYLAND.

who shall have the power to try all company and regimental staff
officers for all violations of this act, except such as arise from absence
from parade.
31. And be it enacted, That every company court martial shall be
appointed by the commanding officer of the company, and shall con-
sist of one subaltern, one non-commissioned officer, and one private,
who shall have power to try all non-commissioned officers, privates
and musicians, for all violations of this act, except such as arise from
absence from parade, or where an absolute fine is imposed by the pro-
visions of said act; and in case there should be no subaltern or non
commissioned officer attached to said company, then the command-
ing officer of the company shall apply to the commanding officer of
his regiment, who shall within five days after such application order
a commissioned or non-commissioned officer, or both, as the case
may require, of another company, to repair to the place designated by
the commanding officer of the company, who shall then and there
hold a court martial in the same manner as if they were attached to
8aid company; and if any officer, non-commissioned officer or private,
shall refuse or neglect to execute the provisions of this section as re-
quired of him, he shall be fined a sum not exceeding twenty dollars,
in the discretion of such court martial as the case may require.

Dec. Ses. 1823

Company
court mar-
tials.

32. And be it enacted, That the commanding officer of the division
shall inspect the books and proceedings of the commanding officers
of brigades; the commanding officers of brigades shall inspect the
books and proceedings of the commanding officers of their respective
regiments; and the commanding officers of regiments shall inspect
the books and proceedings of the commanding officers of their res-
pective companies, except such as are herein after otherwise provided
for, at least once in each year, and oftener, if it shall appear to them
or either of them, necessary or proper; and in the examination of said
books and proceedings, each commanding officer as aforesaid shall be
assisted by one or more of his officers whom he may select for the
purpose; and if any officer shall neglect or refuse to comply with any
of the duties as herein required of him he shall be fined a sum not

Inspection
of the books.

exceeding one hundred dollars, in the discretion of such court martial
as the case may require; and the said books shall be delivered over
to the officer hereby authorised to inspect the same within three days
after they are required of his inferior officers as aforesaid; and if any
officer shall neglect or refuse to deliver over said books when so re-
quired; or if it shall appear from the said books, or from any other
source, that any of the said officers, or any other officer in said divi-
sion, has neglected or refused to comply with any of the provisions
of this act as required of him, he shall be cashiered or fined a sum not
exceeding one hundred dollars, in the discretion of such court mar-
tial as the case may require.

Penalty.

33. And be it enacted, That in every court martial or other court
created under the provisions of this act, except company courts mar-
tial, a majority of the members appointed on the court, shall be suf-
ficient to form a quorum; and in every such court not less than two
thirds of the members present must agree in every sentence given,
otherwise the person charged with violating any of the provisions of
this act shall be acquitted, except in cases where a fine is to be impo-
sed or remitted, and then a majority shall be sufficient.

Direction
to court mar-
tials.

34. And be it enacted, That the president of each court martial
Or other o«urt, created under the provisions of this act, shall have
18

Power of
courts mar-

tials.