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Dec. Ses. 1817
Courts of in-
quiry.
Courts martial
a majority to
form a quorum
Subpoenas
may issue to
witnesses.
Witnesses to
declare on oath
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delinquent resides, who shall then and there hold a court martial
in the same manner as if they were attached to said company.
22. And be it enacted, That the lieutenant-colonels and majors of
the several regiments and extra battalions, in each of the said bri-
gades, shall be and they are hereby constituted a court of inquiry,
for their respective brigades, the eldest of whom in commission shall
be the president thereof, who shall meet on the second Monday in
January in each year, at such time and place as may be established
by the brigade major of each brigade respectively, who shall notify
the said officers thereof, at least three days previous to said meet-
ing, under a penalty to be imposed in the discretion of a brigade
court martial, not exceeding fifty dollars; and it shall be the duty
of the commanding officers of the brigades, regiments, extra batta-
lion and companies, to lay, or cause to be hid, their respective
books of proceedings, for the preceding year, before said courts of
inquiry, respectively, under a penalty to be imposed by such court-
martial, as the case may require, of not exceeding fifty dollars; and
the said courts of inquiry are hereby directed to investigate the
proceedings of each commanding officer within their brigade as afore-
said, and if they should find that any of them have in any manner
infringed or neglected or refused to comply with the provisions of
this act, they shall forthwith report the same to the officer compe-
tent to order such courts martial as the nature of the offence may re-
quire, and the said officer shall forthwith order such court martial,
under a penalty for neglect or refusal to comply therewith, of not
exceeding fifty dollars, to be imposed by such court martial as the
case may require.
23. And be it enacted, That in every court martial, or other court
created under this act, except company courts martial, a majority
of the members appointed on the court shall be sufficient to form a
quorum, and in every court martial not less than two thirds of the
members present must agree in every sentence for inflicting any
penalty, otherwise the person charged shall be acquitted, except in
case of fines, where a majority shall be sufficient.
24. And be it enacted, That the president of every court martial,
or other court created under this act, shall have full power and au-
thority to issue subpoenas to procure the attendance of witnesses to
give testimony before such respective courts; and every such court
shall have power and authority to issue attachment, directed to
such person or persons who shall neglect or refuse, on being served
with a summons issued by the president of such court, to attend,
and to enforce such attendance, by such person as they may ap-
point therefor, for the purpose of giving evidence in any cause
pending therein, and fine such person a sum not exceeding
twenty dollars, unless he can give a reasonable excuse; the return
of which fine shall be made to the officer ordering said court, in
the same manner, and within the same time, as other fines are di-
rected by this act.
25. And be it enacted, That the president of each court martial,
or other court created under this act, shall require all witnesses
produced on the trial of offenders, to declare on oath, or affirmati-
on, (as the case may be) thai the evidence they shall give shall be
the truth, the whole truth, and nothing but the truth; and the mem-
bers of all such courts shall take an oath or affirmation, which the
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