Members of the

court, how decharges how to

tailed, and

be made, addressed, &c.

Oath of members of the court, and other oaths, how administered.

Judge-advocate

appointed, and

courts-martial, depositions may be used in the same manner, under the same circumstances, and to the same extent, as in trials before a civil tribunal; but reasonable notice of the time and place of taking such depositions shall be given to the prosecutor and accused.

SECT. 110. The members to compose the court shall be detailed by seniority, in regular rotation of duty; and all charges in arrest shall be made out in due form, by way of complaint, and signed by the party complaining, addressed to the officer whose duty it is to order the court, specitying the act or neglect of which the accused is supposed to be guilty, and praying due process, before the said officer shall order a court-martial for the trial of the accused officer. SECT. 111. The members of the court, before they enter upon the trial of any person accused, shall take the following oath, to be administered by the judge-advocate, to wit:

"You swear that you will truly try and determine, according to the evidence given in court, the matters depending between this state and the officer (or officers,) now to be tried; that you will not . divulge the sentence of the court, until the same shall have been approved or disapproved, according to law, neither will you, at any time, disclose the vote or opinion of any member of the court, unless required by due course of law; so help you God."

All other oaths, which may be necessary to administer during the court, may be administered by a general or field officer, or by the judge-advocate.

SECT. 112. A judge-advocate for each county shall be appointed for a county, how and commissioned by the commander-in-chief, and shall do the duties of that office in all courts-martial assembled and held in the county for which he is appointed.

his duties.

Form of his oath, and the tenure of his office, &c.

ing county may officiate.

SECT. 113. The judge-advocate shall take the following oath, to wit:

"You swear that you will not, at any time whatever, disclose the vote or opinion of any member of any court-martial in which you may be called to act, unless required by due course of law, nor divulge the sentence of any such court, unless the same shall have been approved or disapproved according to law; and that you will faithfully and impartially do the duty of judge-advocate, according to your best abilities; so help you God."

Which oath may be administered by any judge or justice of the peace, and a certificate thereof shall be made by such judge or jus tice, on the commission of the judge-advocate sworn as aforesaid; and the judge-advocate, so appointed and sworn, shall hold his office during the pleasure of the commander-in-chief.

When judge-ad- SECT. 114. Whenever the judge advocate of the county, by reavocate of adjoin- son of interest, or by reason of relationship between him and any officer to be tried, or of sickness, or of any other cause, cannot act in any court-martial to be assembled and held in the county to which he belongs, the officer ordering the court may designate and order the judge-advocate of any adjoining county to officiate in said courtmartial.

Exceptions, by the accused, to members of the court.

SECT. 115. If, on trial, the accused shall except against any one or more members of the court, he shall state the ground of his objections, and if it shall appear to the court sufficient, the member or members objected to shall leave their seats; and if the number remaining shall be less than five, the court shall be adjourned for a reasonable time, that the officer appointing the court may detail others to supply the place or places of such members.

punishment, &c.

SECT. 116. No court martial shall order any other punishment Limitation of than a fine not exceeding one hundred dollars, and a reprimand, or either; or a fine not exceeding one hundred dollars, and cashiering, with disability of holding any military office in the state, or either of these punishments; and two-thirds of every court shall concur in every sentence.

SECT. 117. If an officer under arrest shall refuse or neglect to Arrested officer attend a court-martial according to orders, and notice given to him, tend to be fined refusing to athe shall be sentenced by said court to pay a fine not exceeding one and cashiered. hundred dollars, and to be cashiered, with disability of ever holding any military office in this state, unless prevented by sickness, or some other reasonable cause, from so attending; in which case the court may adjourn, and notice thereof shall be given by the judgeadvocate to the arrested officer, at least ten days before the day to which the court is adjourned.

posed of.

SECT. 118. The fines imposed by court-martial shall be for the Fines, how coluse of the state, and shall be collected by a warrant under the hand lected, and disof the president of the court, directed to a sheriff, or some other proper officer, who shall collect such fines, together with lawful costs, and pay them to the state treasurer, except the costs of collecting the same; and in all cases in which a fine or costs shall be awarded by a court-martial, and the sentence of such court shall be approved, and the president of such court shall die, be discharged or promoted, without having issued a warrant for such fine or costs, the member of such court, remaining next in rank to said president, shall issue such warrant.

ing to appear, to

SECT. 119. If any witness, duly summoned, shall refuse to obey Witnesses refussuch summons, he shall, by warrant from the president of the court, be committed to directed to the sheriff, his deputy, or a constable in the county, be jail committed to jail in the county where he resides, there to be held, at his own expense, until he shall obey the summons, or be discharged by due course of law.

SECT. 120. All witnesses summoned on the part of the state, and Fees of witnesses the judge-advocate for summoning them, shall, for travel and attend- eate, how paid. and judge-advoance, have the same fees as are allowed in civil causes, to be taxed by the president of the court, and to be paid by the state to the judge-advocate; and the fees of witnesses, when received by him, shall be paid to the persons to whom they are due; and if the sentence of the court is against the accused, and the same shall be duly approved, the said fees shall, by warrant under the hand of the president of the court, directed in manner aforesaid, be collected of the delinquent, and paid into the state treasury.

SECT. 121. The members of said court shall be allowed nine Fees of the mem bers of the court, cents per mile for travel to and from the place of holding said court, &c. and one dollar per day for each day during its sittings; and the person, in whose house the court shall be holden, shall be allowed, not to exceed two dollars per day, in full for room rent, fuel and lights; and a bill for the same, being taxed and signed by the president, shall be paid from the state treasury; and the judge-advocate shall be allowed twenty-five cents for every legal page of the copy of the proceedings and record of the court-martial, to be taxed and paid in the same manner.

SECT. 122. The sentences of court-martial shall be approved or Sentences subdisapproved by the commander-in-chief, who may mitigate or remit ject to approval any punishment awarded by the sentence of a court-martial, when in-chief, &c.

of commander

such sentence shall have been approved; and the record of the proceedings and sentence of court-martial, in every case, with the order approving or disapproving the same, shall be deposited in the office of the secretary of this state.

CHAPTER XI.*

OF ORGANIZING VOLUNTEERS.

1861. 1864.

teers.

ser

SECTION 123. The governor is authorized and empowered to Governor author- accept the services of any number of volunteers, at his discretion, Vices of volun- and one or more batteries, and one or more regiments of colored volunteers, and to cause them to be enlisted, enrolled, and mustered into the service of this state for such time as he may deer expedient, who shall be commanded by such officers, and organized, armed, and equipped, in such manner as he shall order and direct; but such colored volunteers shall also be commanded, organized, armed, and equipped, in accordance with the laws of the United States, and the rules, regulations, and orders of the war department; and the forces hereby authorized are in addition to the present military organization of the state, and a part of the militia thereof.t

Pay of officers

and men while in state service.

To what rules subjected, and where discharged.

1861.

ditures shall be

SECT. 124. The officers and men of this force shall receive the same pay and rations, while in the service of this state, and until mustered into the service of the United States, as officers and men of the same rank and arm of service, in the army of the United States, but shall be paid only for the time actually spent in their organization, drilling, and instruction, except when in actual service, and shall be liable at all times to be turned over to the service of the United States, on the order of the governor, as a part of the militia of this state, to apply upon any requisition of the president of the United States.

SECT. 125. When the force, hereby authorized, shall be enlisted and accepted, it shall be subject to all the rules and articles, applicable to troops in the service of the United States; and no volunteers shall be discharged from service any where, except in the county where they were organized, unless by their request.

SECT. 126. All expenditures, which may be necessary to prepare By whom expen- said force for actual service, shall be made under the direction of the made, and how governor; and all bills therefor shall be audited by the governor, treasurer, and comptroller, and upon their certificate of the correctness of any such bill, the comptroller shall draw his order on the treasurer for the amount thereof.

paid.

* In consequence of the termination of the rebellion, this and the succeeding chapters of this title have become of little, if any, practical necessity, but as some of the volunteers are still retained in the service of the United States, and questions, involving the right of parties to state pay and bounty, may arise, the chapters are retained as prepared by the revisers, and approved by the Legislature.

+ A minor between the ages of eighteen and twenty-one years, may be lawfully enlisted under this section, without the consent of his parent or guardian. Lanahan &. Birge, 30 C. R. 438. Various other points on subject of enlistment. Same.

appoint surgeons

SECT. 127. The governor may, at his discretion, appoint for the Governor may militia of this state in the service of the United States, a surgeon and assistant for each brigade, a surgeon, and one or two assistant surgeons, for surgeons. each regiment, and an assistant surgeon for each battery of artillery, and for each squadron of cavalry, who shall be subject to the regulations prescribed for surgeons in the army of the United States, and entitled to the same compensation; and if any surgeon or assistant surgeon, so appointed, shall not be paid by the United States, he shall be paid from the treasury of this state, at such times and in such manner as the governor shall direct.

SECT. 128. The governor may appoint a medical board, consisting A medical board to be appointed. of not less than three physicians, who shall examine into the qualifi-' cations of all applicants for the office of surgeon, or assistant surgeon; and no person shall be appointed to either of said offices, unless upon the recommendation of a majority of said board.

appoint chaplains

SECT. 129. The governor may appoint one chaplain for each regi- Governor may ment, and for each squadron of cavalry, in the service of the United and their comStates, from this state, and may, at his discretion, appoint one addi- pensation. tional chaplain for each of said regiments, who shall be subject to the regulations, prescribed for chaplains in the army of the United States, and entitled to the same compensation; and if any chaplain, so appointed, shall not be paid by the United States, he shall be paid from the treasury of this state, in such manner and at such times as the governor shall direct.

considered part

SECT. 130. The forces, which may have been, and which may What forces to be hereafter be, accepted for any time exceeding three months, and the of the force aufirst three regiments accepted by the governor for three months, thorized. shall be taken and considered as a part of the force authorized by this chapter.

CHAPTER XII.

OF BOUNTIES TO VOLUNTEERS.

dollars.

1864.

SECT. 131. The paymaster-general shall pay the sum of three 1863. hundred dollars, from the treasury of this state, to the order of each Who are entitled to a bounty of person, except a commissioned officer, who shall enlist and be mus- three hundred tered into the military service of the United States, for the term of three years, and shall be accepted by the president of the United States, and placed to the credit of this state, and of the town where he may be enrolled; or, if not enrolled, may have his place of residence, as ascertained by the boards of enrollment, or by the paymaster-general, upon such evidence as he shall deem satisfactory, if such boards shall neglect or fail to ascertain the same; and the paymaster-general shall pay a like sum, from the treasury of this state, to the order of each person, except a commissioned officer, who shall enlist into the naval service of the United States for the term of three years, and shall be placed to the credit of this state, and such payment shall be made when said persons shall have been mustered into such military or naval service; but if the term of enlistment, into such naval service, shall be for a less period than three years, such proportion of said sum shall be paid to such person,

1864.

as said term may bear to three years; and the governor, by his proclamation, if he shall deem it needful for the public benefit, may cause the payment, authorized by this section, to cease, and may at any time, direct the same to be resumed by the paymaster-general.

SECT. 132. Every person who has, on and since the first day of Same subject. July, 1863, enlisted or re-enlisted into the military service of the United States, either in the volunteer, veteran reserve, veteran, or regular, forces of the United States, and been credited to this state, shall be entitled to receive the three hundred dollars bounty provided in the preceding section; which shall be paid, though such person shall not have been accredited to the town where he was enrolled, or had his residence; if not enrolled at the time of enlistment, payment shall be made by the paymaster-general, upon evidence of such enlistment, muster, and credit to the state, furnished by the war department of the United States, or by the adjutant-general of this state, or from any other official source, satisfactory to said paymastergeneral; but the provisions of this section shall not extend to any substitute, nor to any person who shall have intentionally enlisted and applied upon the quota of any other town, than that in which he resides, or was enrolled, for the purpose of obtaining a greater bounty than is provided by this chapter.

1861. 1864. An annual

to certain persons.

SECT. 133. There shall be paid, from the treasury of this state, to bounty of thirty the order of each person, except a commissioned officer, who has dollars to be paid heretofore enlisted, or re-enlisted, or who shall hereafter enlist, or re-enlist into any military organization of this state, and has been mustered, or shall hereafter be mustered, into the military service of the United States, for any time exceeding three months, and credited to this state, or, who, since the ninth day of July, 1864, has enlisted, or shall hereafter enlist, into the naval service of the United States, for the term of three years, and be credited to this state, the sum of thirty dollars, annually, and at that rate for any fraction of a year, during which such person shall serve, in addition to the compensation paid by the United States; ten dollars of which shall be paid when such person shall be mustered into the service of the United States, and ten dollars at the end of each successive four months thereafter.

1864.

In case of death

to whom the bounty due shall

be paid.

Authorizing payment of three

SECT. 134. If any person, who shall have enlisted into the military or naval service of the United States, shall die, and, at the time of his death, shall be entitled to receive any bounty from this state, by reason of such enlistment, said bounty shall be payable to the widow of such person, if any there be; if there be no widow, then to his child or children, and, if minors, to the guardian or guardians of such child or children; if there be no child or children, then to the father; if there be no father, then to the mother of such person; and if there be none of the relatives aforesaid, then the same shall be payable to his executor or administrator; and the paymaster-general is authorized to make such payment, and shall take proper vouchers therefor; and if any person, entitled thereto, shall have heretofore died before receiving such bounty, the same shall be payable by the paymaster-general in the order and manner herein prescribed.

SECT. 135. Any person, who has been, or may be hereafter, enhundred dollars rolled, under any law or authority of the United States, and liable to every person to be drafted in this state, and who, since the first day of June, 1864, stitute, previous has furnished, or who may hereafter, previous to his being drafted, to being drafted. furnish an acceptable substitute, either to the army or the navy, not liable to draft, and in accordance with the rules and regulations of

furnishing a sub