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Dec. Ses. 1824
Courts mar-
tial for trial
of minor of-
ficers.
Powers re-
stricted.
Limit of fine;
Organization
and rules of
courts mar-
tial.
Power to
pardon or
mitigate.
Two thirds
to sentence.
Entitled to a
copy of pro-
ceedings.
Compel at-
tendance of
witnesses.
Disobedience
of orders, &c.
punishable.
Executive
authorised to
organize
corps, &c.
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8. And be it enacted, That every officer commanding a regi-
ment or extra battalion, may appoint courts martial, to consist of
not less than five commissioned officers for the trial and punish-
ment of minor offences, to inflict fines and decide finally upon
their proceedings; but in no case can an officer or private in the
militia be punished or fined for any neglect of duty, without hav-
ing an opportunity to appear before a court martial to allege a rea-
sonable excuse for the same.
9. And be it enacted, That no private shall be fined mure than
one dollar for nonattendance at parade.
10. And be it enacted, That the commanding officer ordering a
court martial, shall appoint the president thereof, and also some
suitable person as judge advocate or recorder, whose duty it shall
be to keep a fair and impartial record of said proceedings, and
shall transmit the same, after being signed by the president there,
of to the commanding officer ordering said court martial for his ap-
proval or condemnation; the same oaths of qualification to be ad-
ministered to the officers composing the court martial, and the
same rules of organization and proceeding as in the courts mar-
tial of the United States army.
11. And be it enacted, That every officer authorised to order a
court martial, shall have power to. pardon or mitigate any punish-
ment ordered by said court, except the sentence of cashiering an
officer; in every general court martial not less than two thirds of
the members present must agree in every sentence, otherwise, the
person charged must be acquitted.
12. And be it enacted, That the party tried, by any court martial
shall upon demand thereof, made by himself, be entitled to a copy
of the sentence and, proceedings of such court.
13, And be it enacted, That the president of every court mar-
tial is authorised to issue subpoenas to procure the attendance of
witnesses; and every court martial shall have, power and autho-
rity to issue attachment directed to such person as they may ap-
point, against all and every person or persons who shall neglect or
refuse on being duly summoned to attend to give evidence, and
fine such person in any sum not exceeding ten dollars; the person
serving such attachment to be compensated as the court may deem
reasonable; all lines so collected, after defraying such expenses,
to be retained by the commanding officer for the payment of in-
cidental expenses.
14. And be it enacted, That any officer who shall disobey the or-
ders of his commanding officer under the provisions, of the militia
laws of this state, or who shall neglect or refuse to attend any
court martial at the time and place appointed, shall be cashiered
the service, or fined at the discretion of a court martial in any sum
not exceeding one hundred dollars, nor less than five dollars, un-
less he can give a reasonable excuse to the court, for such nonat-
tendance or neglect; any officer of the militia who shall hereafter
disobey any orders from the adjutant generals office, authorised
by the commander in chief, shall be liable to the penalties of this
law.
15. And be it enacted, That the executive of this state shall
whenever he may deem it expedient for the public service, organ-
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