how punish

$31. Such sheriff shall receive the body of any person who shall Contempts, be brought to him by virtue of such warrant, and keep him until the ed. expiration of the time mentioned in the warrant, and until the officer's and jailer's fees shall be paid, or until the offender shall be discharged by due course of law.

$32. In the absence of the president of any court-martial, or court Senior offof inquiry, the senior officer present may preside, with all the powers ce, when to of the president, and all the members of such courts shall, when on duty, be in full uniform.

$33. The president of any court-martial, or court of inquiry, may Marshals. appoint by warrant under his hand and seal, one or more marshals.

ers.

$34. The marshal or marshals so appointed, may not only per- Their powform the usual duties of such marshals, but may also execute all process lawfully issued by such president, and perform all acts and duties in this act imposed on and authorized to be performed by any sheriff, marshal or constable.

appeal.

$35. Whenever the sentence of any court-martial shall be appeal- Evidence on ed from, the officer hearing the appeal shall require the president of the court-martial to furnish him forthwith with a statement of the case, and of the evidence touching the same, which statement and evidence shall, in case of an appeal to the commanding officer of the brigade, be forthwith, on notice of such appeal, transmitted to him.

$36. Such statement be [being] furnished, the officer hearing the Ib. appeal shall require the president of the court-martial to furnish him forthwith with a statement of the case, and of the evidence touching the same, which statement and evidence shall, in case of an appeal to the commanding officer of the brigade, be forthwith, on notice of such appeal, transmitted to him.

$37. Such statement being furnished, the officer hearing the appeal 1b. may hear such further evidence by affidavit or otherwise, as the nature of the case may require; and for that purpose he shall have the power to administer the usual oaths to witnesses produced before him, except in cases where trials may have been had upon charges preferred.

$38. The two last sections shall extend to appeals made from the Ib. order of an officer approving the sentence of a court-martial.

TITLE VII.

OF PENALTIES, FINES, FEES AND EXPENDITURES.

ARTICLE FIRST.

officers.

$1. Every commissioned officer, for disobedience of orders, neglect Penalty on of duty, unofficer-like conduct, or disrespect to a superior officer, shall be arrested and brought to trial before a court-martial, who may, on conviction, sentence him to be cashiered, incapacitated from holding any military commission, and fined to an amount not exceeding one hundred dollars, or may sentence him to any part of such penalties, or to be reprimanded in their discretion.

2. Every commissioned officer refusing to pay over moneys in Ib. his hands as is directed in the second article of this title, shall be liable to be tried and cashiered, or otherwise punished therefor by a court-martial.

non-com of

Officers and S3. Every commissioned officer of a company, and every nonficers liable commissioned [officer,] musician and private shall, on due conviction, be subject for the following offences to the fines thereto annexed:

to fines.

Non-attend

ance.

Desertion.

&c.

Disobedience.

Ib.

1st. Every non-commissioned officer, musician and private for nonappearance when duly warned or summoned at a company parade, a fine of one dollar; at a regimental or battalion parade, or rendezvous of officers, not less than two nor more than four dollars; and at a place of rendezvous when called into actual service, a sum not exceeding fifty dollars.

2d. Every commissioned officer under the rank of colonel, for nonattendance at any parade, and every such officer, non-commissioned officer, musician, or private, for neglecting, or refusing to obey the orders of his superior officers on any day of parade, or to perform such military duty or exercise as may be required, or departing from his colors, post or guard, or leaving his place or rank without permission, a fine not more than fifteen nor less than five dollars.

3d. For neglecting or refusing to obey any order, warrant, to him lawfully given or directed, or to make a proper return thereof, if such return be necessary, or making a false return, or neglecting or refusing when required to summon a delinquent before a court-martial, or duly to return such summons, a fine not more than twenty-five nor less than five dollars.

4th. Every commissioned officer for neglecting or refusing to act as such, when duly appointed, shall be sentenced to pay a fine not exceeding fifty dollars, and not less than five dollars. Every noncommissioned officer for neglecting or refusing to act as such when duly appointed, shall be sentenced to pay a fine not exceeding twenty dollars nor less than five dollars; and every non-commissioned oflike conduct ficer for neglect of duty, or unofficer-like conduct, in addition to other penalties, may be reduced to the ranks by the commandant of the company with the approbation of the commandant of the regiment or battalion.

Unofficer

Discharging

arms.

Want of equipments.

Ib.

5th. Every non-commissioned officer, musician or private, who shall unlawfully discharge any fire-arms on the days of company or regimental muster, shall be sentenced to pay a fine of one dollar. 6th. Every non-commissioned officer and private appearing without being armed and equipped as the law directs, at any parade or rendezvous, shall be sentenced to pay the following fines, namely: for want of a sufficient sword and belt, if belonging to the artillery, and for want of a sufficient musket with a steel rod, or rifle, if belonging to a company of infantry, one dollar; for want of a sufficient bayonet and belt, twenty-five cents; for want of a pouch with a box therein sufficient to contain twenty-four cartridges, suited to the bore of his musket, twenty-five cents; for want of two separate flints and knapsack, twenty-four cartridges, shot-pouch, powder-horn, twenty balls, and a quarter of a pound of powder, twenty-five cents each; but the whole number of spare flints, of cartridges and of balls shall be considered each only one deficiency.

7th. The penalty imposed for want of bayonet, belt and cartridgebox, shall not apply to any non-commissioned officer or private of a rifle company, or to any private of any other company having a powder-horn and pouch.

equipments.

8th. Each non-commissioned officer and private in a mounted rifle want of corps shall be sentenced to pay as fines, for want of a sufficient horse, two dollars; for want of a sufficient rifle and sling, one dollar; for want of sufficient pistol and belt, one dollar; for want of a sufficient saddle, bridle, breast-plate, valise, or cartridge-box, twenty-five cents each.

9th. The court-martial by which any delinquent is tried, may ex- Excuses. cuse such delinquent if it shall be made satisfactorily to appear to the court that he has a reasonable excuse for such delinquency.

retaining

10th. Any commissioned officer who shall retain a commission re- Penalty for ceived by him for any subaltern, for more than thirty days without commission. giving notice by mail or otherwise, to the person entitled to it, shall be liable to pay a fine not exceeding twenty-five dollars, to be imposed, in case of a commissioned officer of a company, by a regimental or battalion court-martial, on the complaint of any officer interested, and in case of a general or field officer, by a general court-martial, which shall be ordered on the like complaint. In addition to the pe- Disguise &c nalties imposed by any of the provisions of this act, every commissioned and non-commissioned officer, musician and private of a company, who shall appear on parade wearing any personal disguise, or other unusual or ludicrous article of dress, or any arms, weapons, or other implements not required by law, and calculated to excite ridicule, or to intercept the orderly and peaceable discharge of duty by those under arms, shall be liable to a fine of not more than twentyfive nor less than five dollars, to be imposed by the proper court-martial.

against mem

$ 4. No action shall be maintained against any member of a Action court-martial, or officer, or agent acting under its authority, on ac- ber of courtcount of the imposition of a fine, or the execution of a sentence on a martial. person not liable to military duty, if such person shall have been returned as a delinquent, and duly summoned, and shall have neglected to show his exemption before such court.

ARTICLE SECOND.

Of the collection and application of penalties, fines and commu

tation money.

reported.

S1. All fines that shall be imposed by any regimental or battalion Fines to be court-martial shall be reported by the president of the court to the officer ordering it, or to his successor in command, within twenty days after such fines shall have been imposed; and the officer ordering the court, or his successor in command, shall immediately after the time shall have elapsed in which appeals are allowed from his decision to the commandant of the brigade, give written notice to the president of the court of the penalties and fines which shall have been by him remitted or mitigated, and of the appeals which shall have been made from his decision to the commandant of the brigade.

lected.

$2. For the purpose of collecting fines the president of the court How co shall, within ten days after the receipt of the written notice aforesaid, make a list of all persons of whom fines are to be collected, designating the company to which they respectively belong, the sums imposed as fines on each person, and the person who shall have appealed to the commandant of the brigade; and shall draw his warrant un

Fines, how collected.

Ib.

lb.

To whom paid.

Surplus.

Money to be accounted for.

Penalty.

Marshals to be prosecuted.

Money how applied.

Fines how collected.

der his hand and seal directed to any constable of any city or county, as the case may be, thereby commanding him to levy such fine or fines, together with the costs, of the goods and chattels of such delinquents.

$3. Every such constable to whom such list and warrant shall be directed and delivered, may execute the same by levying and collecting the fines in any city, town or county in this territory, and shall make return thereof within forty days from the receipt of such warrant to the president who issued the same; the execution of said warrant shall be suspended as to those persons who shall have appealed to the commandant of the brigade until the further order of such commandant.

S4. If the constable shall not be able to collect the fines within the forty days aforesaid, then the president issuing the warrant may at any time thereafter, within two years from the time of imposing the fines, issue a new warrant from time to time, as may be necessary.

S5. Any warrant for the collection of fines, issued by virtue of this act, shall and may be recovered in the same manner that executions issued from justices' courts may by law be recovered.

$6. The moneys arising from fines imposed by any regimental or battalion court-martial, shall be paid by the officers collecting the same to the president of the court. The sureties which shall hereafter be given by any constable elect, shall be deemed liable to pay to the president of the court all such sums of money as the said constable may become liable to pay on account of any warrant which shall be delivered to him for collection.

$7. Such president, after deducting and paying the costs and fees properly chargeable on the fines so recovered by him, shall pay the surplus of such fines to the officer by whom the court shall have been ordered.

$8. Every such president shall from time to time, as often as he shall be required, furnish to the officer ordering the court, or to his successor in command, a correct statement of all moneys received by him on account of fines, and of all fines iniposed; and it shall be the duty of the officer instituting every such court, or his successor in command, to make such request within thirty days after any such court shall be held.

$9. Whoever shall wilfully neglect or refuse to comply with such request for the space of ten days, shall be liable to be tried and cashiered therefor.

$10. It shall be the duty of the respective presidents of courtsmartial to prosecute in their own names any marshal or constable who shall incur any penalty for neglect in the execution or return of any warrant, or in paying over moneys collected by him.

$11. The moneys arising from such penalties, when collected, shall be paid over and applied as other moneys payable to the commandants of regiments and separate battalions are directed to be paid over and applied in this article.

$12. All penalties and fines imposed by courts-martial upon commissioned officers, shall be collected by the attorney-general, or by the district attorneys of the counties in which the persons fined may reside, and be paid by the officer collecting the same into the trea

sury.

13. All moneys received by each commandant of a regiment or Fines how separate battalion, shall be expended under the direction of the field expended. officers and commandants of companies, in such regiment or battalion, and shall be applied in the first place to the purchase and repair of colors, and instruments of music, and the residue in diciplining and improving such regiment or battalion in such manner as a majority of the field officers and commandants of companies shall direct. S14. It shall be the duty of each commandant of a regiment or Accounted separate battalion to keep an accurate account of all moneys by him received and expended for the use of the regiment or battalion, and to exhibit such account on request, to any commissioned officer of his regiment or battalion; and to deliver it over to his successor in office. S15. Each commandant of brigade shall examine and adjust the Accounts to accounts of the commandants of regiments and separate battalions in his brigade, on or before the first day of May in each year.

for.

ed, &c.

neglect.

S16. If the commandants of any regiment or separate battalion, Proceedings shall neglect or refuse to pay moneys belonging to the regiment or in case of battalion, as the field officers and commandants of companies shall have directed, the commandant of brigade shall sue in his own name for such moneys, and apply the same when recovered to the use of the regiment or battalion.

$17. It shall be the duty of the several officers to whom moneys Ib. are in this article directed to be paid, in case of the refusal or neglect of the person directed to account for and pay over such moneys, to sue for the same in their own names, but to the uses before specified, in an action for money had and received.

S18. Every officer so suing may retain out of the money he shall Expenses of collect, all necessary and reasonable expenses he may incur in such

suits.

suits.

witnesses.

$ 19. It shall be no objection to any person called as a witness, or Jurors and to serve as a juror in any action authorized in this article, that he is a member of the regiment or battalion that may be affected by such action.

ARTICLE THIRD.

Of the compensation and fees of the members of court-martial,

and other officers.

Compensa tion.

$20. There shall be allowed and paid out of the treasury : 1st. To each division and brigade judge-advocate, and to each pre- Judge-advo sident and member of any court of inquiry, or court-martial for the cate, &c. trial of officers, two dollars for each day actually employed on duty; and the like compensation to any marshal or marshals appointed by such court, for every day employed in the execution of the duties required of him:

2nd. To such brigade-inspector, for inspecting a regiment or sepa- Brigade-inrate battalion, eight dollars; for attending each parade of commis- spector. sioned and non-commissioned officers and musicians, which he is required by law to attend, eight dollars; for making out and transmitting to the adjutant-general an inspection return of his brigade, eight dollars:

3rd. To each military store-keeper, such sum, not exceeding twen-Military ty dollars, as the commandant-in-chief shall think proper to allow.

store-keep

er.