field or staff officer, upon the complaint and to the use of such field or staff officer; and if a company officer, whether commissioned or non-commissioned, or a private, upon the complaint of the commanding officer of the company, and to the use of the company to which such officer or private belongs, by ordinary complaint and warrant before à justice of the peace. Every spectator or by-stander who shall intrude upon the bounds and limits of parades shall pay the sum of ten dollars, to be recovered upon complaint of the officer in command at the time of such intrusion, in like manner as last aforesaid, to and for the use of the state.

SEC. 70. Any physician or assistant surgeon who shall take any gratuity whatsoever from any person for a certificate for inability to perform military duty on account of bodily infirmities, or shall grant any such certificate unless after critical examination, and unless such infirmity or inabilty be beyond all doubt such as to render the applicant unable to perform military duty, shall be liable to the penalty of fifty dollars; to be recovered by indictment, or other criminal process proper to the court, in any court of competent jurisdiction in the county in which such offence may be committed.

COURTS MARTIAL.

SEC. 71. General, field, commission and staff officers, shall be subject to trial by court martial, according to the usage and practice of war, for disobedience of orders, unofficer-like conduct while on duty or during any day appropriated to military exercise, inspection or review, and for neglect or violation of any duty imposed upon them by law, as officers of the militia; which court martial shall consist of not less than five, nor more than seven members; and the senior officer, who shall always be of a rank superior to that of the officer on trial, shall preside. The court martial for the trial of an officer under the grade of a field officer shall be appointed by the commanding officer of the brigade to which he belongs; for the trial of an officer of the grade of field officer, by the commanding officer of the division; and for the trial of a general officer by the commander-in-chief. In every court martial there shall be a judge-advocate, who shall discharge the duties of that office according to the usage and practice of courts martial; and no other person shall be admitted to prosecute or defend an arrested officer. Whenever a court martial shall be ordered, the order shall designate the time and place of holding the same, the name of the officer to preside, and the names and ranks of the other ofcers of which the court is to be composed: provided, that

no court martial shall be called without the approval of the commander-in-chief, and no expense of any court martial shall be paid unless allowed by the general assembly.

If the court shall be ordered by the commander-in-chief, the orders shall be as follows, to wit:

STATE OF RHODE-ISLAND, SC.

General Orders.

A general court martial is ordered to assemble at on the

day of

A. D.

for the trial of such

persons as may be brought before them; to consist of members to be taken from the division, to wit: the major general, brigadier general or generals, colonel or colonels, lieutenant colonel or colonels. Major general will preside. The adjutant of the regimental company or regiment will furnish an orderly sergeant to attend and execute the orders of the court. (To be signed by the commander-in-chief, or by the adjutant general, by his order.)

If a court martial be ordered by the major general, the orders shall be as follows, to wit:

STATE OF RHODE-ISLAND, Sc. Division Orders.

A general court martial of the division will assemble at on the

such

nels,

day of

A. D.

for the trial of persons as may be brought before them; to consist of

members, to wit:

colonel or colonels,

brigadier general or generals, lieutenant colonel or colowill

Brigadier general

major or majors. preside. The adjutant of the regiment will furnish an orderly cute the orders of the court. general, or by the division inspector, or by his order.)

regimental company or sergeant to attend and exe(To be signed by the major

If the court be ordered by a brigadier general, the orders shall be as follows, to wit:

trial of such persons as shall be brought before them; to con

will preside. The adjutant of

regimental company or regiment will furnish an orderly sergeant to attend and execute the orders of the court. (To be

signed by the brigadier general, or the brigade major, by his order.)

For a general court martial, the adjutant general shall notify all general officers, and give notice of the other officers detailed, to the division inspector or brigade majors, who shall notify said officers, and make return thereof to the adjutant general. In a division court martial, the division inspector, or an aid-de-camp, under the direction of the major general, shall notify the general officers, and give notice of the other officers detailed, to the respective brigade majors, who shall notify the field officers required of their brigades, and make return thereof to the major general. For a brigade court martial, the brigade major shall notify the field officers required to serve on said court martial, and notify the respective adjutants, of the other officers detailed; and the adjutant of each regimental company or regiment shall notify them, and make return thereof to the brigade major; and if the officer to be tried be a general officer he shall be furnished with a copy of the order for said court, and a copy of the charges against him by the adjutant general, or by the division inspector, or by a brigade inspector, as the commanderin-chief shall direct, thirty days before the sitting of said court; who shall make return thereof, with the names of the officers composing said court; and the officer to be tried, if under the rank of a field officer, shall be furnished with like copies twenty days before the sitting of the said court, by a brigade major or inspector, or by the adjutant of the regimental company or regiment to which he belongs, or to which, if an officer of a volunteer corps, his corps is attached, as the officer ordering the court martial shall direct; who shall return the same, and the names of the officers composing the court, to the judge-advocate of the court; and it shall be the duty of the said judge-advocate to summon, or cause to be summoned, such witnesses on the part of the state as may be necessary, by subpoena signed by the officer ordering the court, or by the president thereof, or by said judge-advocate; and the accused shall be entitled to like process, to procure the attendance of his witnesses; which process shall be served by the judge-advocate, or by any disinterested person deputed by him. All charges shall be made out in due form, by way of complaint, and signed by the party complaining, and addressed to the officer whose duty it is to order the court; specifying the act or neglect of which the accused is supposed to be guilty, and praying due process, before said officer shall

order a court martial for the trial of the officer accused. The members of the court shall appear in full uniform, and before they enter upon the trial of any person accused shall take the following oath, to wit: "You swear, (or affirm,) that you will truly try and determine according to the evidence given in court, the matter depending between this state and the officer, (or officers,) now to be tried: and that you will not divulge the sentence of the court until the same has been approved or disapproved, pursuant to law; and that you will not at any time disclose the vote or opinion of any member of this court, unless required to do so in due course of law : so help you God. (Or, this affirmation you make and give upon the peril of the penalty of perjury.") And the foregoing oath shall be administered by the judge-advocate; but all other oaths which it may be necessary to administer during the continuance of the court, may be administered either by him or any general or field officer.

SEC. 72. There shall be appointed by the officer ordering the court martial, a judge-advocate for each court martial, who shall perform all the duties of that office, and who shall take the following oath, to wit: "You swear, (or affirm,) that you will not, at any time whatever, disclose the vote or opinion of any member of this court martial, unless required by due course of law, nor divulge the sentence of the court until the same has been approved or disapproved according to law; and that you will faithfully and impartially discharge the duty of judge-advocate, according to the best of your abilities: so help you God. (Or, this affirmation you make and give upon the peril of the penalty of perjury.") And said oath may be administered by a judge of any court, or any justice of the peace in the state; and a certificate thereof shall be made on the warrant of the judge-advocate by the person administering the oath.

SEC. 73. If, on trial, the accused shall object to any one or more members of the court, he shall state the ground of his objection, and if it appear to the court sufficient, the member or members objected to shall leave their seats; and if the number remaining be less than five, the court shall be adjourned for a reasonable time, that the officer ordering the court may detail others to supply the place or places vacated by such member or members. No sentence of a court martial shall be carried into effect unless passed by the concurrent vote of two-thirds of the court, and approved by the commander-in-chief. In case an officer under arrest shall refuse or neglect to attend a court martial, according to or

ders and notice given him, he shall, by said court, be sentenced to pay a fine not exceeding two hundred dollars, and be cashiered, with disability of ever after holding any military office in the state; unless he be prevented from attending such court martial by reason of sickness, or some other reasonable cause; in which case the court shall have power to adjourn; and notice thereof shall be given to the arrested officer, by the judge-advocate, at least ten days before the day to which the court shall have been adjourned. In all cases in which a fine and costs, or imprisonment, shall be awarded by a court martial, and the sentence of such court shall be approved by the commander-in-chief, and the president of such court shall die, be discharged or promoted, without having issued a warrant of distress or mittimus for such fine and costs or imprisonment, it shall be the duty of the member of said court next in rank to said president, to issue said warrant or mittimus.

SEC. 74. If any witness duly summoned shall refuse to obey such summons, he shall be committed to the jail in the county in which he resides, by a warrant from the president of the court, directed to the sheriff or a deputy sheriff of said county; there to be held at his own expense until he will conform and give evidence in the case, or until discharged by due course of law. All witnesses summoned on the part of the state, and the judge-advocate or other person for summoning them, shall, for travel and attendance, have the same fees that are allowed in civil causes to be taxed by the president of the court; expenses shall be paid to the judge-advocate by the state, and when received by him, be paid over to the persons to whom they are due. If the sentence of the court be against the accused, and the same shall be approved by the commander-in-chief, the said expenses shall, by warrant under the hand and seal of the president of the court, directed in the manner aforesaid, be collected of the delinquent, and paid into the general treasury. The members and officers of said court shall be allowed nine cents per mile travel to and from the place of holding said court, and one dollar for each day during its sitting; and there shall be allowed to the person in whose house said court shall be held, not exceeding two dollars per day in full of all expenses for room-rent, fuel and lights; and which shall be paid from the state treasury after the same shall have been allowed by the general assembly. The judge-advocate shall be allowed twenty-five cents for each legal page of the copy of the proceedings and records of the court martial, to be taxed and paid in the same manner. The commander-in-chief shall