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of the time and place of holding said courts, or cause such notice
to be left at their place of abode, at least three days previous there-
to; and in case any absentee, notified as aforesaid, shall refuse or
neglect to attend, the said courts martial are authorised and em-
powered to proceed to the trial of such absentees as if they were
personally present; and if either of the said officers shall refuse or
neglect to comply with either of the provisions of this Section,
he shall be fined not less than five nor more than one hundred dol-
lars, in the discretion of such court martial as the case may require.
16. And be it enacted, That the courts martial to try all non-
commissioned officers, privates and musicians, as absentees from
parade, shall consist of one member from each company of a regi-
ment or extra battalion, one third of whom at least shall be privates.
17. And be it enacted, That the courts martial to try ail commis-
sioned and staff officers of either brigade, as absentees from parade,
shall consist of an officer from each regiment and extra battalion
of the same brigade, one third of whom at least shall be subalterns.
18. And be it enacted, That every division court martial shall
be appointed by the commanding officer of the division, and shall
consist of not less than five nor more than thirteen members, two
thirds of whom at least shall be field officers, who shall have the
power to try the commanding officers of the brigades for all viola-
tions of this act.
19. And be it enacted, That every brigade court martial shall be
appointed by the commanding officer of the brigade, and shall con-
sist of not less than five nor more than thirteen members, one third
at least of whom shall be field officers, who shall have the power to
try all field and brigade staff officers, for all violations of this act,
other than absence from parade.
20. And be it enacted, That every regimental court martial shall
be appointed by the commanding officer of the regiment, and shall
consist of not less than three nor more than seven commissioned
officers, who shall have power to try all company, regimental and
extra battalion staff officers for all violations of this act, other than
absence from parade.
21. And be it enacted, That every extra battalion court martial
shall be appointed by the commanding officer of the extra batta-
lion, and shall consist of not less than three, nor more than seven
commissioned officers, who shall have power to try all company
officers for violations of this act, other than absence from pa-
rade; every company court martial shall be appointed by the com-
manding officer of the company, and shall consist of one subal-
tern, one non-commissioned officer, and one private, who shall
have power to try all non-commissioned officers and privates for
all violations of this act, other than absence from parade; and in.
case there should be no subaltern or non-commissioned officer at-
tached to said company, then the commanding officer of the com-
pany shall apply to the commanding officer of the battalion, regi-
ment or extra battalion, to which he may be attached, who shall,
within five days after such application, order a commissioned or
non-commissioned officer, or both, as the case may require, of a
neighbouring company, to repair to a convenient place designated
by the commanding officer of the company, in whose district the
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Dec. Ses. 1817
Courts martial
to try privates,
&c.
To try com-
missioned and
staff officers.
Division c'ts.
martial.
Brigade courts
martial
Regimental
courts-martial
Ex. battalion
and company
courts martial.
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