138

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823.

power and authority to issue subpoenas to procure the attendance of
witnesses to give testimony in any cause pending before said court,
and said court shall have power and authority to issue attachment
against any person who shall neglect or refuse to attend, and to en-
force such attendance by such person as they may appoint therefor;
and said court may also fine said person any sum not exceeding twen-
ty dollars, unless he can give a reasonable excuse for not attending
as aforesaid, and if the person appointed as aforesaid to serve said,
process, shall neglect or refuse to serve the same, he shall be subject
to such fine as said court shall impose, not exceeding the sum of
twenty dollars, and the return of said fines shall be made to the officer
ordering said court in the same manner, under the like penalty, and
within the same time, as the returns of other fines are directed by
this act.

Witnesses
examined on
oath.

35. And be it enacted, That the president of each court martial or
other court created under the provisions of this act, 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 take an oath or affirmation, which
the president is required to administer to them as follows. You and

Oaths of
members.

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 provisions of the act for the better regu-
lation of the militia of the city of Baltimore, so help you God, and
the President shall take the same oath to be administered by any mem-
ber of the court as aforesaid.

Penalties
for not ser-
ving on court.

36. And be it enacted, That any officer required to attend as a
member of a division, brigade, regimental or company court martial,
or any other court as established under the provisions of this act,
who shall refuse or neglect to attend at the time and place appointed,
shall be fined a sum not exceeding one hundred dollars in the discre-
tion of said court, unless he can give a reasonable excuse for such
non-attendance; and any non-commissioned officer or private requir-
ed to attend as a member of any such court who shall refuse or ne-
glect to attend at the time and place appointed shall be fined a sum
not exceeding five dollars in the discretion of said court, unless he
can give a reasonable excuse for such non-attendance; and if the
members appointed upon said court do not attend so as to form a
quorum, each of the absentees shall be fined a sum not exceeding one
hundred dollars in the discretion of such court martial as the case
may require; which said fines shall be returned for collection to the
officer ordering said court, except in cases of division courts martial,
when the fines shall be returned to the commanding officers of the
brigade to which the offender belongs in the same manner under the
like penalty and within the time as is directed in this act for the re-
turn of other fines.

Appoint-
ment of per-
sons to collect
fines.

37. And be it enacted, That the commanding officer of each of the
said brigades shall on or before the first day of July next, and from
time to tune thereafter as may be necessary, appoint some suit-
able person or persons, on such terms as he may deem advisable to
collect all fines that may be imposed by or under the provisions of
this act, upon all generals and their respective staff officers,
and upon all regimental field officers and their respective staff of-
ficers within his brigade, or upon the major general and his staff of-
ficers, if the fines incurred by either of them should be handed over