USA > New York > History and honorary roll of the Twelfth Regiment, Infantry, N.G.S.N.Y. > Part 12
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§ 184. There shall be a board of officers in each regi- ment, which shall consist of the commanding officer of the brigade, who shall be president thereof, and of the field officers of the regiment and the senior captain there- in, any three of whom shall form a quorum for business, the commanding officer of the brigade being one.
§ 185. The commandant of each brigade shall, from time to time, as he shall deem necessary, convene the board of officers of each regiment created by this act.
§ 186. Such board, when so convened, shall andit all just claims on the military fund of such regiment for contingent expenses of the regiment, and shall make their order on the proper county treasurer, which shall require him to pay such order out of any money in his hands belonging to the military fund of such regiment.
§ 187. Such board may also dircet such printing and publishing to be performed and executed as shall be ne- cessary for the best interest of the regiment and service. The members of such board shall be entitled to receive
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for each day's service, as such members, the sum of two dollars, for not more than three days in any one year, such sum to be certified and paid in the same manner. Such board shall enter their proceedings, from time to time, in a book to be kept for that purpose by each regiment.
§ 188. All county and city treasurers shall report to the brigadier general, within the bounds of whose bri- gades he may reside, the amount of all moneys received by them, respectively, by the first days of April and Dc- cember, annually, and the balance then remaining in their hands, and the number of the regiment to which the same belongs.
OF THE COURTS OF INQUIRY AND COURTS-MARTIAL.
Of the Courts of Inquiry and Courts-Martial for the trial of Officers.
§ 189. Courts of inquiry may be instituted by the commander-in-chief, or the commanding officer of division or brigade, in relation to those officers for whose trial they are authorized to appoint courts-martial, for the purpose of investigating the condnet of any officer, either by his own solicitation, or on a complaint or charge of improper conduct, degrading to the character of an of- ficer, or for the purpose of settling rank ; but no such court shall consist of more than one officer, who may, if approved of by the officer ordering the court. require a judge advocate to attend such court in taking testimony, and in investigating any complaint that may come be- fore such court.
§ 190. Such court shall, without delay, report the evidence adduced, a statement of facts, and an opinion thereon, when required, to the officer instituting such court, who may in his discretion thereupon appoint a court-martial for the trial of the officer whose conduct shall have been inquired into.
§ 191. Every court-martial for the trial of a major- general shall be ordered by the commander-in-chief, and
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shall consist of five officers, any three of whom shall con- stitute a quorum.
§ 192. Every court-martial for the trial of a brigadier general shall be ordered by the commander-in-chief, and shall consist of five officers, any three of whom shall constitute a quorum.
§ 193. All other courts-martial for the trial of com- missioned officers shall consist of three officers, and shall be ordered, if for the trial of officers above rank of cap- tain, by the commanding officer of division, and for all other officers, by the commanding officer of brigade.
§ 194. No officer arrested shall be brought to trial, unless a copy of the charges and specifications, certified by the officer ordering the arrest, shall be delivered to him, or left at his usual place of abode, within three days after his arrest ; nor unless the officer ordering such court-martial shall have ordered the same within thirty days after receiving notice of the arrest, and a copy of the charges and specifications ; nor until ten days after a copy of a list of the names of the officers detailed to form the court shall have been delivered to the officer arrested, or left at his usual place of abode.
§ 195. The officer ordering the court may, at any time, supply any vacancy that, from any cause, may happen therein.
§ 196. If the officer accused shall have any cause of challenge to any member of such court, he shall make the same at the time and in the manner provided by the military laws of the United States service and the prac- tice of courts-martial. The arraignment of the accused, the proceedings, trial, and record shall, in all respects. conform to the requirements of the United States law of courts-martial. (As amended by chap. 612 of 1865.)
§ 197. After the court shall be assembled. and after all challenges, if any are made, shall have been deter- mined, the judge-advocate, whether commissioned or special, shall administer to each member the following oath : " Yon do swear (or affirm) that you will faithfully try and determine, according to evidence,
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the matter now before you, between the State of New York and the prisoner to be tried, and that you will duly administer justice according to the established rules of military law for the government of the military forces of this State, so help you God." (As amended by chap. 612 of 1865.)
§ 198. Every judge-advocate, whether commissioned or special, and every member of a court-martial, shall keep secret the proceedings and sentence of the court until the same shall be approved or disapproved accord- ing to law ; and shall keep secret the vote or opinion of any particular member of the court, unless required to give evidence thereof by a court of justice. (As amend- ed by chap. 612 of 1865.)
§ 199. The sentence of any such court-martial shall be according to the nature and degree of the offense, and according to military usage, but shall not extend further, in time of peace, than cashiering the officer con- victed, and disqualifying him from holding any office in the militia of this State, and imposing a fine not exceed- ing one hundred dollars.
§ 200. The proceedings and sentence of every court- martial shall, without delay, be delivered to the officer ordering the court, who shall approve or disapprove thereof, within fifteen days thereafter, and shall give notice of his approval or disapproval to the president of such court-martial and to the arresting officer, and he may, at his discretion, publish the sentence, as approved or disapproved, in orders ; but no part of such sentence shall be executed until after the time allowed for appeal has expired.
§ 201. He also shall transmit such proceedings and sentence, and his approval or disapproval thereof, to the adjutant-general, to be kept in his office.
§ 202. The right of appeal to the commander-in-chief, as it now exists by military usage, is reserved ; but no appeal shall be received, unless made within twenty days after the decision appealed from is made known to the person appealing.
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§ 203. There shall be allowed and paid out of the treasury, on the certificate of the president and the judge-advocate, on the approval of the judge-advocate- general, to each division, brigade, and special judge- advocate, and to the president and members of any court of inquiry or court-martial for the trial of officers, two dollars for each day actually employed on duty ; and the like compensation to every marshal appointed by any such court for every day employed in the execution of the duties required of him. In important cases a reasonable compensation may be paid to any stenograph- er employed by the court, whose services shall be certi- fied in like manner. (As amended by chap. 612 of 1865.)
§ 204. The accounts of all persons who, under this article, are entitled to be paid out of the treasury, shall be andited by the comptroller, who shall, on the appli- cation of the governor, draw his warrant on the treasur- er for such sum of money as may be requisite in the ex- ecution of the provisions of this act ; and may require the chief of each staff department to account quarterly for all money received by him for the purpose connected with his department.
Of Regimental and Battalion Courts-Martial.
§ 205. The commandant of each brigade may at any time appoint a regimental or battalion court-martial for any regiment or battalion in his brigade, to consist, if practicable, of a field officer or captain.
§ 206. The appointment of said court shall be publish- ed in orders at least three weeks previous to the con- vening of the court ; and the officer appointing said court shall fix the day on which it shall convene, and when convened, the court may adjourn from time to time as shall become necessary for the transaction of busi- ness, but the whole session of the court, from the day on which it shall convene until its dissolution, shall not ex- ceed three weeks.
§ 207. In case any vacancy shall happen in the court,
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or a new court shall be required, the officer ordering the court, or his successor in command, may fill such vacancy or order a new court.
$ 208. The officer constituting such court, before he shall enter on his duties as such, shall take the follow- ing oath :
, do swear that I will well and "I, truly try and determine, according to evidence, all matters between the people of the State of New York and any person or persons which shall come before the regimental (or battalion) court-martial to which i have been appointed."
§ 209. Such oath shall be taken by the president, on or before the day on which the court shall convene, be- fore a justice of the county in which he may reside, or a field officer of his regiment or battalion ; and it shall be the duty of such justice or field officer to administer the oath without fee or reward.
§ 210. Such court shall direct a non-commissioned officer, or other fit person or persons, to be by him des- ignated, to summon all delinquents and parties accused to appear before the court, at a time and place to be by him appointed, which service shall be personal, or by leaving such summons at the residence of such parties.
§ 211. Such non-commissioned officer, or other person or persons so designated, shall make the like return, and with like effect, as commissioned and non-commissioned officers are authorized and required to make, in cases of warning to a company or regimental parade, and shall be subject to the like penalties for neglect of duty.
$ 212. The court, when organized, shall have the trial of all offenses, delinquencies, and deficiencies, in the regi- ment or battalion for which it shall have been. called, and shall have power to impose and direct to be levied all the fines to which non-commissioned officers, musi- cians, or privates are declared to be subject by the pro- visions of this act.
$ 213. From the sentence of any such court, imposing a fine for any offense, delinquency, or deficiency, an ap-
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peal, 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 finc.
$ 214. There shall be allowed and paid out of the military fund of said regiment :
1. To the officer constituting said court, a sum equal to one day's pay for field duty for each day he may be actually employed in holding the court or engaged in the business thereof, or in traveling to or from the court, allowing thirty miles for a day's travel.
2. To the non-commissioned officer or other person who shall have summoned delinquents to appear before the court, one dollar and twenty-five cents for cach day he may have been necessarily so employed, and the same sum for cach day of his attendance on the court.
3. Each officer to whom a warrant for the collection of fines may be directed, shall be entitled to the same fees, and be subject to the same penalties for any neg- lect, as are allowed and provided for on executions is- sued out of justices' courts.
4. For all other services and commitments under this act, the sheriff, jailer, and constables executing the same shall be entitled to the like fees as for similar services in other cases.
$ 215. All fines and penalties imposed by any regi- mental or battalion court-martial, shall be paid, by the officer collecting the same, to the treasurer of the county within which the officer instituting the court may reside, and shall belong to the military fund of such regiment.
OF THE IMPOSITION OF PENALTIES AND FINES FOR VIO- LATING THE PROVISIONS OF THIS ACT.
$ 216. In time of peace, every commissioned officer. for disobedience of orders, neglect or ignorance of duty. unofficerlike conduct or disrespect to a superior officer, or for neglecting to furnish himself with a uniform and equipments within six months after receiving his com-
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mission, 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, or fined to an amount not exceeding one hundred dollars, or to be reprimanded, or may sentence him to all or either of such penalties, in their discretion.
§ 217. Every commissioned officer refusing to pay over moneys in his hands, as is directed by the provis- ions of this act, shall be liable to be tried and cashiered, or otherwise punished therefor, by a court-martial.
§ 218. Every commissioned officer, and every non- commissioned officer, musician, and private, shall, on dnc conviction, be subject for the following offenses, to the fines thereto annexed :
1. Every non-commissioned officer, musician, and pri- vate, for non-appearance, when duly warned or sum- moned, at a company parade, a fine of two dollars ; at a regimental or battalion parade or encampment, not less than three nor more than six dollars; and at a place of rendezvous, when called into actual service, a sum not exceeding twelve months' pay, nor less than one month's pay.
2. Every commissioned officer, for non-attendance at any parade or encampment, and every such officer, non- commissioned officer, musician, and private, neglecting or refusing to obey the orders of his superior officers on any day of parade or encampment, or to perform such military duty or exercise as may be required or depart- ing from his colors, post, or guard, or leaving his place or ranks without permission, a fine not more than one hundred nor less than five dollars.
3. 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 necessary, or making a false return, or neglecting or refusing when required. to summon a delinquent before a court-mar- tial, or duly to return such summons, a fine not more than one hundred nor less than five dollars.
$ 219. Every commissioned officer, for neglecting or
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refusing to act as such when duly elected and commis- missioned, may be sentenced to pay a fine not less than ten dollars ; every non-commissioned officer, for neglect- ing or refusing to act as such, when duly appointed and warranted, may be sentenced to pay a fine not less than five dollars; and every non-commissioned officer, for neglect of duty or disorderly or unofficerlike conduct, in addition to other penalties, may be reduced to the ranks by the commandant of the company, with the ap- probation of the commandant of the regiment or bat- talion.
§ 220. Every non-commissioned officer, musician, or private, who shall unlawfully discharge any fire arms within two miles of any parade, on the day thereof, shall be sentenced to pay a fine of one dollar.
'§ 221. Any commissioned officer who shall retain a commission received by him for any subaltern for morc than thirty days, without giving notice by mail or other- wise to the person entitled to it, shall be liable to pay a fine not exceeding twenty-five dollars, to be imposed by the proper court-martial on the complaint of any officer interested: In addition to the penalties imposed by any of the provisions of this act, every commissioned and non-commissioned officer, musician, and private of a company or troop, or any other person who shall appear at any parade or encampment 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 inter- rupt the orderly and peaceable discharge of duty by those under arms, shall be liable to a fine of not more than twenty-five and not less than five dollars, to be im- posed by the proper court-martial:
§ 222. The court-martial by which any delinquent is tried may excuse such delinquent, if it shall be made satisfactorily to appear to the court that he has a rea- sonable excuse for such delinquency.
§ 223. No action shall be maintained against any member of a court-martial, or officer, or agent acting
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under its authority, on account of the imposition of a fine, or the exccution of a sentence on any person, if such person shall have been returned as a delinquent and duly summoned, and shall have neglected to appear and render his excuse for such delinquency, or show his exemption before such court.
§ 224. When a suit or proceeding shall be commenced in any court by any person against any officer of this State, for any act done by such officer in his official capacity, in the discharge of any duty under this act, or against any person acting under authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, or against any collector or receiv- er of taxes, the defendant may require the plaintiff in such suit to file security for the payment of the costs that may be incurred by the defendant in such suit or proceeding, and the defendant, in all cases, may plead the general issue, and give the special matter in evi- dence, and in case the plaintiff shall be non-prossed or non-suited, or have a verdict or judgment against him, the defendant shall recover treble costs.
OF THE COLLECTION OF FINES AND PENALTIES.
§ 225. For the purpose of collecting such fines as may be imposed by any court-martial anthorized by this act, the president of the court shall, within thirty days after the fines have been imposed, make a list of all the per- sons fined, designating the company to which they re- spectively belong, and the sums imposed as fines on cach person, and shall draw his warrant, under his hand and seal, directed to any marshal, sheriff, or constable of any city or county (as the case may be), thereby com- manding him to levy such fiues, together with the costs of the goods and chattels of such delinquents. No property shall be exempt from the payment of such fines, and in default of sufficient goods and chattels with which to satisfy the same, then to take the body of such de- linquent and convey him to the common jail of such city or county. Payment of all fines imposed by any court-mar- 8
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tint organized pursuant to the provisions of this act, for the trial of officers, may be enforced in like manner. (As amended by chap. 612 of 1865, and by § 1, chap. 809 of 1866.)
$ 226. It shall be the duty of the jailer to whom such delinquent may be delivered, to keep him closely con- fined, without bail or mainprize, for two days, for any fine not exceeding two dollars, and two additional days . for every dollar above that sum, unless the fine, together with the costs and the jailer's fees, shall sooner be paid ; but no non-commissioned officer, musician, or private shall be imprisoned for the non-payment of such fine or fines for a period exceeding ten days. (As amended by chap. 612 of 1865.)
§ 227. Every such marshal, sheriff, or constable, to whom any list and warrant shall be directed and deliv- ered, may execute the same by levying and collecting the fines within forty days from the receipt of such war- rant, and make return thereof to the officers who issued the same. (As amended by $ 8 of chap. 612 of 1865.)
§ 229. Any warrant for the collection of fines, issued by virtue of this chapter, shall and may be renewed in the same manner that executions issued from justices' courts may by law be renewed.
$ 230. The amount of any fines so collected shall be paid, by the officer collecting the same, into the county treasury, and shall form a portion of, and be credited to, the regimental fund of the regiment to which the person so fined belonged.
$ 231. In addition to the bond now required by law to be given by the marshal. sheriff, constable, or other officer, for the faithful discharge of his duties, such named officers shall execute a bond for the payment of all moneys by them collected, under the provisions of this act ; and the sureties of such officers. hereby au- thorized to collect lines and penalties, shall be liable for any official delinquency under this act, such bonds to be approved by the county judge of each county.
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GENERAL PROVISIONS APPLICABLE TO ALL COURTS- MARTIAL AND COURTS OF INQUIRY.
§ 232. The president of every court-martial, and of every court of inquiry, both before and after he shall have been sworn, and also the judge-advocate, if re- quired, shall issue subpoenas for all witnesses whose at- tendance at such court may, in his opinion, be necessary in behalf of the people of this State, and also on appli- cation for all witnesses in behalf of any officer charged or accused, or persons returned as delinquent ; and may direct the commandment of any company to cause such subpoena to be served on any witness or member of his company.
§ 233. The president of such court-martial, or the 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 juris- diction ; and all sheriffs, jailers, and constables are hereby required to execute any precept issued by such president or court for that purpose.
§ 234. Every witness not appearing in obedience to such subpoena when duly served personally with a copy of the same, and not having a sufficient or reasonable excuse, shall forfeit to the people of this State a sum not less than ten nor more than fifty dollars ; and the president of such court shall, from time to time, report to the district attorney the names 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.
§ 235. Whenever it shall appear to the satisfaction of any court-martial or court of inquiry, by proof made before such court, that any person duly subpoenaed to appear as a witness before said court, shall have re- fused or neglected, without just cause, to attend as such witness, in conformity to such subpoena, and the party in whose behalf such witness shall have been subpoenaed
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shall make oath that the testimony of such witness is material, such court, or the president thereof, shall have power to issue an attachment to compel the attendance of such witness.
§ 236. Every such attachment shall be executed in the same manner as a warrant, and by any officer au- thorized to execute warrants, and the fees of the officers serving the same shall be paid by the person against whom the same shall have been issued, unless he shall show reasonable canse, to the satisfaction of such court, for his omission to attend ; such costs shall be ascer- tained by the court, who may thereupon issue an execu- tion for the collection against the person liable to pay the same, and which may be collected as other execu- tions are collected, and by any officer authorized to col- lect executions issued from courts of justice.
§ 237. Any person or persons who shall be guilty of disorderly, contemptuous, or insolent behavior in, or use any insulting or contemptuous or indecorous language or expressions to, or before any court-martial or court of inquiry, or any member of either of such courts, in open court, intending to intercept the proceedings or to impair the respect, the authority of such courts, may be committed to the jail of the county in which said courts shall sit, by warrant under the hand and seal of the president of such court.
§ 238. 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 set forth the particular circumstances of the offense adjudged to have been committed ; and shall command the officer to whom it is directed to take the body of such person and commit him to the jail of the county, there to remain without bail or mainprize, in close con- finement 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.
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