Art. 77. The recorder of a court of inquiry shall administer to the members the following oath: "You shall well and truly examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, prejudice or hope of reward. So help you God." After which the president of the court shall administer to the recorder the following oath: "You, A. B., do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God."

Art. 78. A court of inquiry and the recorder thereof shall have the same power to summon and examine witnesses as is given to courts martial and the judge advocates thereof. Such witnesses shall take the same oath which is taken by witnesses before courts martial, and the party accused shall be permitted to examine and cross-examine them so as fully to investigate the circumstances in question.

Art. 79. A court of inquiry shall not give an opinion on the merits of the case inquired of unless specially ordered to do so.

Art. 80. The proceedings of a court of inquiry must be authenticated by the signatures of the recorder and the president thereof, and delivered to the commanding officer.

Art. 81. The proceedings of a court of inquiry may be admitted as evidence by a court martial in cases not extending to the dismissal of an officer; provided, that the circumstances are such that oral testimony can be obtained.

Art. 82. The foregoing articles shall be read once in every twelve months to every company in the military service of this State, and shall be duly observed and obeyed by all officers and soldiers in said service.

SEC. 104. The rules of evidence in all courts martial shall follow in general, so far apposite, the common law rules of evidence as observed by the courts of this State in criminal cases, but a certain latitude in the introduction of evidence and the examination of witnesses by an avoidance of restrictive rules is permissible when it is in the interest of the administration of military justice.

SEC. 105. In all trials before courts martial the accused shall have the right to demand the nature and cause of the accusation against him, and to be presented with a copy of the charges. He shall have the right of being heard by himself or counsel or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor.

SEC. 106. The officer ordering a general or regimental court martial will, at the request of any prisoner who is to be arraigned, detail as counsel for his defense a suitable officer, one not acting as a summary court; provided, such request is made within a reasonable time before trial. If there be no such officer available, the fact will be reported to the Adjutant General for his action. An officer so detailed should perform such duties as usually devolve upon counsel for defendant before civil courts in criminal cases.

SEC. 107. The judge advocate of a military court shall have power to appoint a reporter, who shall record the proceedings of and testimony taken before such court, and may set down the same, in the first

instance in shorthand. The reporter shall, before entering upon his duty, be sworn, or affirmed, faithfully to perform the same.

SEC. 108. The president or judge advocate of every general or regimental court martial shall have power to issue like process to compel witnesses to appear and testify, which courts of criminal jurisdiction within this State may lawfully issue, and such process shall be issued in the same style and manner and executed by the same officers as when issued by such court.

SEC. 109. The president of any court martial and any summary court officer shall have authority to issue (under his hand, in the name of "The State of Texas," directed to any sheriff or constable, whose duty it shall be to serve or execute the same in the same manner in which like process is served or executed when issued by a magistrate), all necessary process, subpoenas, attachments, warrants of arrest and warrant of commitment.

SEC. 110. Every person who being duly subpoenaed to appear as a witness before a regimental or general court martial, who willfully neglects or refuses to appear, or refuses to qualify as a witness or produce documentary evidence which such person may have been legally subpoenaed to produce, shall be guilty of a misdemeanor and prosecuted in the proper justice court and punished by a fine not exceeding one hundred dollars; provided, such witness may plead as a defense that he was not tendered or paid one day's fee and mileage for the journey to and from the place of trial as provided by this act, such amounts to be paid by the Adjutant General's department out of any appropriation or funds available for that purpose; provided, that no witness shall be compelled to incriminate himself or to answer any questions which may tend to incriminate or degrade him.

SEC. 111. Persons in the employ of this State, but not belonging to .the military forces thereof, when traveling upon summons as witnesses before military courts are entitled to transportation in kind from their place of residence to the place where the court is in session and return. If no transportation be furnished, they are entitled to reimbursement of the cost of travel actually performed by the shortest usually traveled route. They are also entitled to reimbursement of the actual cost of meals and rooms at a rate not to exceed two dollars per day for each day actually and unavoidably consumed in travel or in attendance upon the court under the order or summons. No allowance will be made to them when attendance upon court does not require them to leave their place of residence.

SEC. 112. A person not in the employ of this State and not belonging to the active military forces thereof, who has been duly summoned to appear as a witness before a military court will receive one dollar and fifty cents per day for each day actually in attendance upon the court, and six cents a mile for going from his place of residence to the place of trial or hearing, and six cents a mile for returning. Civilian witnesses will be paid by the Adjutant General's department.

SEC. 113. The charges for return journeys of witnesses will be made. upon the basis of the actual charges allowed for travel to the court, and the entire account thus completed will be paid upon discharge from attendance without waiting for completion of return travel.

SEC. 114. In all cases where a witness has been subpoenaed and fails to attend attachment shall issue and he shall be liable for the costs of such attachment, unless good cause be shown to the court why he failed to obey the subpoena, which cost may be recovered by civil suit in any court having jurisdiction of the amount involved.

SEC. 115. No fees shall be allowed to a person as witness fees unless such person has been subpoenaed, attached or recognized as a witness in the case.

SEC. 116. When charges against any person in the military service of this State come before the Governor, or any officer authorized to order a court martial for the trial of such person, and the Governor or such officer believes that such charges can be sustained, and has reason to believe that the person so charged will not appear for trial, or intends to flee from justice, the Governor or such officer may issue a warrant of arrest to the sheriff or any constable of the county in which the person so charged resides, or wherein he is supposed to be, commanding such sheriff or constable to take the body of the person so charged and confine him in jail until such time as his case may finally be disposed of; and it shall be the duty of the sheriff or constable, on the order of the Governor or officer ordering the court, to bring the person so charged before the court martial for trial, or to turn over to whoever the order may direct; it shall be the duty of the Governor or the officer issuing the warrant of arrest to indorse thereon the amount of bail to be required, and it shall be a violation of duty on the part of any sheriff or constable to permit a person so committed to remain out of jail, except that he may, when such person desires it, permit him to give bail in the sum indorsed on the warrant of arrest, conditioned for his appearance from time to time, before such court martial as he may be ordered for trial, and until his case is finally disposed of, or until such time as he may surrender to the sheriff or constable as directed by the reviewing authority of the court martial before which he may be ordered for trial.

SEC. 117. Upon the failure of any person who has been admitted to bail conditioned for his appearance for trial before a court martial, or upon the failure of any person admitted to bail to appear as a witness in any case before a court martial, as conditioned in the bail bond of any such person, the court martial shall certify the fact of such failure to so appear to the officer ordering the court martial, or the officer commanding for the time being, as the case may be, and it shall be the duty of such officer to cause a judge advocate, district or county attorney to file suit in any court having jurisdiction of the amount involved in Austin, Texas.

SEC. 118. The rules laid down in the Code of Criminal Procedure of this State relating to the giving of bail, the amount of bail, the number of sureties, the persons who may be sureties, the property exempt from diability, the responsibility of parties to the same and all other rules of a general nature not inconsistent with this act are applicable to bail taken as provided by this act.

SEC. 119. A warrant of arrest issued by the Governor or other officer authorized to order a general court martial, and all subpoenaes and other process issued by general courts martial shall extend to every part

of the State, but warrants of arrest issued by an officer, other than those named above, and all subpoenaes and other process issued by other military courts can not be executed in any other county than the one in which they were issued, except they be indorsed by the Governor or an officer authorized to order a general court martial, in which case they can be executed anywhere in the State. The indorsement may be, "Let this process be executed in any county of the State of Texas." The indorsement shall be dated and signed officially by the Governor or officer making it.

SEC. 120. The judgment of every court martial shall direct that all costs incurred in any trial shall be paid by the defendant, and it shall be the duty of the officer ordering the court or the officer commanding for the time being, as the case may be, to enforce the collection thereof in the manner prescribed by this act; and when the defendant is imprisoned for costs as hereafter provided by this act, the Adjutant General shall pay said cost out of any funds which may be available.

SEC. 121. Upon conviction of any person by a court martial the cost accruing for witness fees and the fees for sheriffs or constables for executing the process, subpoenas, writs of attachment, warrants of arrest or warrants of commitment, or any other authorized writ, shall be taxed against defendant; and any sheriff or constable executing any process, subpoena, writ of attachment, warrant of arrest, warrant of commitment or any other authorized writs shall be allowed the same fees as provided by the Code of Criminal Procedure in this State.

SEC. 122. When the sentence of a court martial adjudges confinement, and the reviewing authority has approved the same, in whole or in part, and such sentence as approved exceeds two years confinement, the reviewing authority or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which such court martial was held, directing such sheriff to take the body of the person so sentenced and confine him in the county jail of such county until a duly accredited agent of the State penitentiary shall take charge of such person for confinement in the State penitentiary; and it shall be the duty of such reviewing authority or the commanding officer for the time being, as the case may be, to certify a copy of the proceedings as approved, of the court martial in the case of such person to be confined, to the superintendent of the State penitentiary, which shall be sufficient authority for, and it shall be the duty of such superintendent to send for and confine such person in the State penitentiary for the period named in the proceedings of the court martial as approved, or until he may be directed to release him by proper authority; and it shall be the duty of the State Penitentiary Board to make such provisions as may be necessary for receiving from the sheriff as aforesaid and confining such person in such manner as persons are received and confined in the State penitentiary on sentence of district courts in this State.

SEC. 123. When the sentence of a court martial adjudges confinement, and the reviewing authority has approved the same in whole or in part, and such sentence as approved does not exceed two years confinement, the reviewing authority, or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to

the sheriff of the county in which such court martial was held, directing such sheriff to take the body of the person so sentenced and confine him in the county jail of such county for the period named in such sentence as approved, or until he may be directed to release him by proper authority, and such confinement shall be carried out as prescribed for confinement in the county jail by the Code of Criminal Procedure of this State.

SEC. 124. When the sentence of a court martial adjudges a fine and cost against any person, and such fine and cost has not been fully paid within ten days after the confirmation thereof, the Governor or officer ordering the court, or the officer commanding for the time being, as the case may be, shall issue a warrant of commitment directed to the sheriff of the county in which the court martial was held, directing him to take the body of the person so convicted and confine him in the county jail; and it shall be the duty of the sheriff to take the body of the person convicted and confine him in the county jail for one day for any fine not exceeding one dollar, and one additional day for every dollar above that sum, and one additional day for each dollar of cost.

All fines and forfeitures imposed by general or regimental courts martial shall be paid to the officer ordering such courts, or to the officer commanding for the time being, and by said officer within five days from the receipt thereof paid to the Adjutant General who shall disburse the same as he may see fit for military purposes.

SEC. 126. All fines and forfeitures imposed by summary courts martial shall be paid to the officer ordering the court, or the officer commanding for the time being, and by such officer, within five days from the receipt thereof, placed to the credit of the company fund of the company of which the person fined was a member when the fine was imposed.

SEC. 127. When any lawful process, issued by the proper officer of any court martial, comes to the hand of any sheriff or constable, he shall perform the usual duties of such officer and perform all acts and duties by this act imposed or authorized to be performed by any sheriff or constable.

SEC. 128. Any sheriff or constable who refuses or neglects to perform any duty imposed upon him by this act, or to execute any lawful process which shall have been issued by the Governor or proper officer of a court martial shall, upon conviction thereof, in the district court, be deemed guilty of a misdemeanor, and shall be fined not more than five hundred dollars, and may in the discretion of the jury, be imprisoned in the county jail not exceeding one year.

SEC. 129. Any district or county attorney who refuses to perform any duty imposed upon him by this act, shall upon conviction thereof, in the district court, be deemed guilty of a misdemeanor, and shall be fined not more than five hundred dollars, and, may in the discretion of the jury, be imprisoned in the county jail not exceeding one year.

SEC. 130. Any county clerk who marks "Exempt" any person enrolled as liable to military duty, whom he knows not to be exempt shall, upon conviction, be deemed guilty of a misdemeanor, and shall be fined not more than five hundred dollars, and may in the discretion of the jury be imprisoned in the county jail not exceeding one year.