How delinquents to be summoned.

Jurisdiction of the court.

In favor of

remitted.

to administer the oath without fee or reward. The president shall administer the oath to each of the members.

SECTION 20. The president of the court shall direct a non-commissioned officer, or other fit person or persons to be by him designated, to summon all delinquents and parties accused, to appear before the court at a time and place to be by him appointed.

SECTION 21. Such non-commissioned officer, or other person or persons so designated, shall make the like return and with the like effect, as commissioned and non-commissioned officers are authorized and required to make, in cases of warning to a company or regimen tal parade, and shall be subject to the like penalties for neglect of duty.

SECTION 22. The court when organized, shall have the trial of all delinquents and deficiencies in the regiments or battalions for which it shall have been called, and shall have power to impose and direct to be levied all the fines, to which commissioned officers of companies and non-commissioned officers, musicians, or privates, are declared to be subject in first article of the 6th title of this act.

SECTION 23. No fine imposed by a regimental or battalion court martial on a commissioned officer, shall prevent such officer from being tried and cashiered for neglect of duty, by a court martial ordered by the commandant of his brigade.

SECTION 24. Every such court martial may mitiwhom fine to be gate or wholly remit any penalty, or fine, directed to be imposed for any deficiency, in arms or equipments, of any delinquent in any company of infantry, whom the court shall adjudge to be so poor as not to be able to furnish himself with such arms or equipments.

Appeal.

SECTION 25. From the sentence of any such court, imposing a fine for any delinquency, an appeal, if made within twenty days, shall be allowed to the officer instituting the court, or to his successor in command, who may remit or mitigate such penalty or fine. In case the delinquent was not personally summoned to appear before such court, and did not appear, he shall have ten days after personal notice of the sentence, in which to appeal from the decision of the officer instituting such court, or of his successor in command. An appeal if made within ten days after personal no

.

tice of such decision, shall be allowed, to the commanding officer of the brigade, who may remit or mitigate such penalty or fine.

ARTICLE 3.

GENERAL PROVISIONS APPLICABLE TO ALL COURTS
MARTIAL AND COURTS OF INQUIRY.

issued.

SECTION 26. The president of every court martial, Subpoenas, how and of every court of inquiry, both before and after he shall have been sworn, and also the judge advocate, if required, shall issue subpoenas for all witnesses whose attendance at such court may in his opinion be necessary, in behalf of the people of the United States; and also on application for all witnesses in behalf of any officer charged or accused, or person returned as delinquent, and may direct the commandant of any company to cause such subpoena to be served on any witness residing within his district.

minister oaths.

SECTION 27. The president of such court martial, Who may ador court of inquiry, shall have power to administer the usual oath to witnesses, and shall have the same power to compel attending witnesses to be sworn and testify, and to preserve order, as courts of common law ju risdiction. And all sheriffs, jailors, and constables, are hereby required to execute any precept issued by such president for that purpose.

how enforced.

SECTION 28. Every witness, not appearing in obe- Penalty for nondience to such subpoena when duly served, and not attendance and having a sufficient or reasonable excuse, shall forfeit to the people of this territory a sum not less than five, nor more than fifty dollars; and the president of such court, shall from time to time report to the district attorney such offense, the name of all such delinquent witnesses, together with the names and places of resi dence of the persons serving such subpoena, the better to enable him to prosecute for such forfeiture.

SECTION 29. Any person or persons, who shall be Contempts, guilty of disorderly, contemptuous or insolent behav. how punished. ior in, or use any insulting or contemptuous or indecorous language or expression to, or before, any court martial, or court of inquiry, or any member of either of such courts in open court, may be committed to the jail of the county in which such court shall sit by war

Who to preside

of the president.

rant under the hand and seal of the president of such

court.

SECTION 30. Such warrant shall be directed to the sheriff, or any or either of the constables and marshals of any such county, or any officer attending the court, and shall command the officer to whom it is directed, to take the body of such person, and to commit him to the jail of the county thereof, to remain without bail or mainprize in close confinement for a time to be limited, not exceeding three days, and until the officer's fees for committing, and the jailer's fees be paid.

SECTION 31. Such sheriff shall receive the body of any person, who shall be brought to him by virtue of such warrant, and keep him until the 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.

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

Appointments

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

their powers.

In case of appeal, further evidence may be received.

SECTION 34. The marshal or marshals so appointed, may not only perform the usual duties of such marshals, but may also execute all process, lawfully is sued 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.

SECTION 35. Whenever the sentence of the court martial shall be appealed 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 forth with on notice of such appeal transmitted to him.

SECTION 36. Such statement being furnished, the officer hearing the appeal, may hear such further evidence by affidavit or otherwise, as the nature of the case may require; and for that purpose, he shall have power to administer the usual oaths to witnesses produced before him, except in cases where trials may

have been had upon charges preferred.

SECTION 37. The two last sections, shall extend to appeals made from the order of an officer approving the sentence of a court martial.

TITLE VII.

OF PENALTIES, FINES, FEES AND EXPENDITURES.

ARTICLE 1.

ishment of com.

SECTION 1. Every commissioned officer, for diso- Trial and punbedience of orders, neglect of duty, unofficer-like con- missioned duct, or disrespect to a superior officer, or for neglect- officers. ing to furnish himself with a uniform and equipments within twelve months after receiving his commission, 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 dis⚫retion.

eys.

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

tendance.

SECTION 3. Every commissioned officer of a com- Fines. pany, and every non-commissioned officer, musician and private shall, on due conviction, be subject for the following offenses to the fines thereto annexed. 1st. Every non-commissioned officer, musician and For non-atprivate for non appearance when duly warned, or summoned, at a company parade, a fine of one dollar. At a regimental or battalion parade or rendezvous of of ficers, 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 Desertion, colonel, for non-attendance at any parade, and every such officer, non-commissioned officer, musician and 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 re

refusing to obey orders,

or to act when appointed to office.

Discharging fire-arms.

Want of equip

ments.

quired, or departing from his colors, post or guard, or leaving his place or ranks without permission, a fine, not more than fifteen, nor less than five dollars.

3d. For neglecting or refusing to obey any order or warrant, to him lawfully given or directed, or to make a proper return thereof, if such return be neces sary, or making a false return, or neglecting or refus ing 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 non-commissioned 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 officer, 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.

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 ar tillery, 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 spare flints and knapsack, twentyfour 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 cartridge box, shall not apply to any non