$2083. Rules governing. 2084. $ 2035. Sheriffs and Constables must serve subpoenas, etc. $2086. Penalty for refusing to pay over moneys. $ 2037. Fines and penalties, various offenses. 2076. The following officers may appoint Courts martial: 1. The Commander-in-Chief, for the trial of general officers, and all officers of the staff of the Commander-inChief. 2. The Major General, for the trial of all staff officers of the division and brigades, and for the field officers of battalions and regiments. 3. Brigadier Generals, for the trial of officers and soldiers in their respective brigades. 4. Commanding officers of regiments and battalions, for the trial of all enlisted men of their respective commands. Commanding officers of batteries or of unattached companies, for the trial of all enlisted men of their respective commands. For the trial of enlisted men, the commanding officer of each brigade, regiment, battalion, or unattached company, may, at any time, appoint a Regimental, Battalion, or Company Court martial, to consist of one officer whose rank is not below that of Captain, or in an unattached company, that of First Lieutenant. 5. 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 business; but the whole session of the Court, from the day on which it shall convene until its dissolution, shall not exceed three weeks, and in case any vacancy shall happen in the Court, 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. 6. The officer constituting such Court shall, before he exters on his duties as such, take the following oath: "I, do swear (or affirm) that I will well and truly try and determine, according to evidence, alt matters between the people of the State of California and any person or persons who may come before the Regimental (or Battalion) Courtmartial to which I have been appointed;" and such oath shall be taken by him before a Justice of the Peace of the county in which he resides, or a field officer of his regiment or battalion, and it shall be the duty of such Justice of the Peace or field officer to administer the oath without fee or reward. 7. Such 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, which service shall be personal or by leaving such summons at the residence of such delinquents and parties accused. 8. Such non-commissioned officer, or other person or persons so designated, shall make the like returns, 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 liko penalties for neglect of duty. 9. The Court, when organized, shall have the trial of all offenses, delinquencies, and deficiencies that occur in the regiment or battalion for which it shall have been appointed, and also of any that occur in the separate troops or batteries attached to the same brigade; and the said Court shall have power to impose and direct to be levied all the fines or penalties to which enlisted men are declared to be subject by the provisions of this chapter. 10. The proceedings and sentence of any such Court shall, without delay, be delivered to the officer ordering the Court, who shall approve or disapprove of the same within fifteen days thereafter, and shall give notice of his approval or disapproval to the President thereof; and from the sentence of any such Court imposing a fine or penalty for any offense, delinquency, or deficiency, an appeal, if made within twenty days after the fine or penalty was made known to the person fined, shall be allowed to the officer ordering the Court, or to his successor in command, and he may remit or mitigate such penalty or fine. [In effect March 12, 1878.] 2077. Courts martial appointed under the provisions of this chapter are organized in like manner, and subject to the rules and regulations governing Courts martial in the United States army, so far as the same may be applicable and not inconsistent with the laws of this State, and the rules and regu lations and forms established by the Commander-in-Chief. They have the same power to compel the attendance of witnesses when summoned by them, to preserve order in and about the Court room during sessions, and to punish for contempt, as the Judges of the Superior Court have under the the laws of this State. [In effect April 15, 1830.] 2078. Courts martial have power on conviction to punish by depriving officers of rank by expulsion or dismissal, or by such other and usual military fines and penalties as is customary with Courts martial in the army of the United States. 2079. The officer appointing a Court martial must revise the proceedings and approve or disapprove the sentence of such Court martial, and must direct the execution of such sentence, or mitigate the punishment, or may remit the sentence of the person convicted; but the person so sentenced may apply to the Commander-in-Chief to revise the proceedings and to disapprove them or pardon the offense, in which case the officer approving the sentence will transmit the proceedings in the case to the Commander-in-Chief, and the exccution of the sentence must be suspended until the proceedings are returned with the decision thereon. 2080. For the purpose of collecting fines or penalties imposed by Courts martial, the President of any such Court must make a list of all such fines and penalties, and of the persons against whom they have been imposed, and must, within fifteen days after the fines and penalties have been imposed, issue a warrant under his hand, directed to any Sheriff or Constable of the county, commanding him to levy and collect such fines, together with costs, upon and out of any property of the person against whom the fine or penalty was imposed, and such warrant may be executed and renewed in the same manner as executions issued from Justices' Courts are executed and renewed. All property, except the homestead, is subject to execution and forced sale under such warrant. 2081. No action can be maintained against any member of a Court martial, or officer, or agent acting under his authority, on account of an imposition of a fine, or the exccution of a sentence, on a person not liable to military duty, if such person has been summoned and notified in writing of the charges preferred against him, and has failed to appear and show his exemption before the Court. 2082. Courts of inquiry may be ordered by the Commander-in-chief, by the Major General, or by any Brigadier General. 2083. Courts of inquiry are governed by the same rules as similar Courts in the army of the United States. 2084. Every Sheriff and Constable must serve all orders, subpoenas, or process delivered to him for that purpose by any member of a Court-martial. 2085. 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 comply with any of the requirements of this chapter, shall be arrested and brought to trial before a Court martial, which may, on conviction, sentence him to be cashiered, incapacitated from holding any military commission, fined to an amount not exceeding one hundred dollars, or reprimanded, or may sentence him to all or either of such fines and penalties, in their discretion. In effect March 12, 1878.] 2086. Every commissioned officer refusing to pay over moneys in his hands, which came into his possession by virtue of his position as an officer of the National Guard, shall be liable to be tried and cashiered, or otherwise punished therefor, by a Court-martial. [In effect March 12, 1878.] 2087. Every commissioned officer, and every enlisted man shall, on due conviction, be subject for the following offenses to the fines and penalties thereto annexed: 1. Every commissioned officer, for non-attendance at any parade or encampment, and every such officer or enlisted man 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 departing 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. 2. Every enlisted man, for non-appearance when duly warned or summoned at a troop, battery or company drill or parade, a fine of two dollars for each offense, and in case of a troop parading mounted, a fine of six dollars for each officer; at a regimental or battalion parade, not less than three nor more than six dollars for each offense, and at a place of rendezvous, when called into actual service in case of war, insurrection, or invasion, or imminent danger thereof, a sum not exceeding twelve months' pay nor less than one month's pay; and for disobedience of orders or disrespectful or insubordinate conduct, a fine not exceeding fifty dollars; and also in the discretion of the Court, the offender shall be liable to dishonorable discharge from the command to which he belongs. 3. Every commissioned officer, or non-commissioned officer, for neglecting or refusing to obey any order or warrant to him lawfully given or directed, or to make a proper return, or neglecting or refusing, when required, to summon a delinquent before a Court martial, or duly to return such summons, a fine of not more than one hundred nor less than five dollars. [In effect March 12, 1878.] |