Chap. 679.—An ACT to amend and re-enact. section 374 of the Code, in relation
to the appointment, conduct, and organization of courts-martial and courts of

_ inquiry.
Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That section
three hundred and seventy-four of the Code of Virginia be amended and
re-enacted so as to read as follows:
§ 374. How courts-martial and courts of inquiry appointed, organ-
ized, and conducted.—1. In time of war, or service in the field, at the call
of the State or of the United States, in encampment or in aid of the civil
authorities, courts-martial and courts of inquiry shall be appointed, or-
ganized, and conducted as like courts are appointed, organized, and con-
ducted in the United States army, and their form of procedure and
record shall conform to that of such courts.

2. In time of peace, and when not in service of the State or of the
United States as aforesaid, the line officer second in rank in each separate
battalion or regiment, if such battalion or regiment be concentrated, and
when not concentrated, the line officer second in rank in each company,
troop, or battery of the Virginia volunteers, or when but one commis-
sioned officer is present with a command, then that officer (the ranking
sergeant present for duty in such cases making the complaint) shall con-
stitute a summary court for the trial of all enlisted men of their respec-
tive commands charged with offenses punishable by fines as provided in
this chapter. Such courts shall have power to have the alleged offender
and witnesses brought before it by a warrant issued by such court and
delivered to any sheriff, sergeant, or constable of a city, county, or town;
and it shall be the duty of said sheriff, sergeant, or constable to execute
said warrant as other criminal warrants are executed, and he shall be en-
titled to the same fees for such services, which shall be paid him in the same
manner as are allowed and paid him for executing other criminal warrants.
Said courts shall summon alleged offenders and witnesses to appear be-
fore it at a reasonable time and place, which summons shall be served by
an orderly of the court as other summons are served, and should the
alleged offender abscond, or neglect or refuse to appear, the court may
proceed to trial in his absence as though he were present and had: en-
tered a plea of not guilty.

Said courts shall have power to administer oaths and to hear and de-
termine the case, and when satisfied of the guilt of the accused party,
may impose the appropriate fine as provided in this chapter.

There shall be a summary court-record book, or docket, kept at each
company, troop, or battery post or armory, and in the field at the head-
quarters of the command, in which shall be entered a record of all the
cases heard and determined, and the action had thereon, and no sentence
adjudged by said summary court shall be executed until it shall have been
approved by the company, troop, or battery commander, and if the com-
pany, troop, or battery be attached to a regiment or separate battalion
by the commanding officer of such regiment or separate battalion: pro-
vided, that the governor be, and he is hereby, authorized to prescribe
specific penaltics and fines for such other minor offenses as he may deem
properly cognizable by such courts: provided, further, that any enlisted
man convicted of any offense by such court may appeal in writing to the
commanding officer of his regiment or separate battalion, or in case the
company, troop, or battery is unattached, to the adjutant-general of Vir-
ginia, to have such conviction or any fine or penalty imposed upon him
set aside or modified, or he may appeal in writing for a new trial before
a general court-martial, giving in all cases his reasons therefor. In case
of any such appeal, the said writing shall be delivered to the officer con.
stituting said court, and he shall forward the same, together with a stats
ment in writing of ‘the reasons for the finding of the court which is com
plained of.

If said poraman ting officer is of opinion that said conviction should &
set aside, or said fine or penalty modified or reduced, he shall set aside c:
modify or reduce the same; and whether he is of opinion that said rev
trial by a general court should be granted or not, he shall forward th:
same to the governor and commander-in-chief, hy whom the general cour
shall be ordered or refused according to his actermination of the pro
priety thereof: and provided, further, that the sentence and judgment 2
said court shall have the same force and effect as that of any justice o
the peace, and when countersigned by said commanding officer, and i
case of appeal for a new trial by general court by the adjutant-general o
Virginia (the fact of an appeal for such trial and its refusal being note:
on the face of the warrant, or the fact that no such appeal was made)
the warrant of such court shall be in all respects proceeded upon, ar:
shall have the same force and effect, as is preseribed in section three hut
dred and twenty-nine and the following sections of this chapter. Fo
the trial of commissioned officers or for the infliction of a sentence o
dishonorable discharge from the military service of Virginia, whether o
an officer or an enlisted man, or for the purposes of a court of an inquir+
there shall be a general court-martial, which shall be composed of thre
commissioned officers (if practicable in the case of officers of equal ran
with the accused), who shall hear and determine the case in accordana
with the military laws of this State and of the United States, and forwar
its findings and the record of its proceedings tiirough the commandin,
officer of the regiment or separate battalion in which it serves, by whon
its proceedings must be reviewed and its findings endorsed with approv:
or disapproval or other comment to the governor, by whom its sentenc
shall also be approved before the same shall be executed. Any persor
convicted of an offense by said court may forward through said command.
ing officér to the governor a written argument against the approval o’
the sentence. Said court shall have all the powers, rights, and privilege
hereinbefore vested in the summary court, especially in regard to admin.
istering oaths, compelling the attendance of witnesses and allece
offenders, and in regard to enforcing its sentence and the collection ot
fines, save that the senior member of the court, who shall be the presider:
thereof, shall give all warrants and summons under his hand, which shal:
have the same force and effect and be procecded upon in the same man-
ner as is provided for like papers of a summary court, its warrants fot
the collection of fines being endorsed with the approval of the governor
provided, however, that whenever said court shall ascertain the punish-
ment of an offender to be a dishonorable discharge from the militars
service of this State, it shall sentence such offender to confinement in the
city or county jail, as the case may be, for a period of not exceeding ten
days: provided, further, that no such sentence shall be executed unless
and until it shall have been endorsed by the commanding officer of the
separate company or battalion or regiment and approved by the governor
and commander-in-chief, to whom the record and proceedings shall be
forwarded.

If such sentence is so approved, the president of said court shall deliver
his warrant with the approval of the governor as aforesaid endorsed
thereon, and the said sentence contained therein to the sheriff, sergeant,
or constable of any city, county, or town, whose duty it shall be to arrest
said offender and deliver him at said jail, where he shall be received and
confined for the time specified in said warrant.

Said courts shall have attached to them a judge-advocate, whose duties
shall ve such as are prescribed for such officers by the laws of this State
and of the United States, and when expressly authorized by the gover-
nor, an official stenographer may be employed by the president of the
court.

The officers and members of said courts, summary and general, shall
have and enjoy all the privileges and immunities enjoyed by any other
court, as is provided in section three hundred and twenty-eight of the
Code.

They shall receive for their services each, including the judge-advocate,
four dollars per day when actually employed in the trial of’ cases, which
shall be all the compensation for such services, and no mileage or other
expenses shall be allowed to the officers of said court in any case, and
shall sit not less than six hours each day, unless completing the business
before them within that time: provided, however, that the general court
shall be assembled only by order of the governor and commander-in-
chief: and provided, that the summary court shall sit not oftener than
twice each month, and not less than four hours, and shall receive not
over two dollars for each sitting, and no other compensation or expenses
shall be allowed the said court.

Both the summary and the gencral court may have an orderly in at-
tendance, who shall act as court crier, serve summonses, and perform
such other duties as may be required of him by the court, and in the dis-
charge of his duties he shall be clothed with the powers and authority
of a constable, and shall receive the sum of one dollar per day.

All fines collected by said court shall go to the Commonwealth, and
shall be accounted for by the civil officer collecting them as fines im-
posed by a justice of the peace are accounted for.

The costs attendant upon holding such courts, including the per diem
of the members and officials, shall, upon being approved by the command-
ing officer of the separate company, troop, battery, or battalion, or of the
regiment in which it serves, be forwarded to the governor, and, upon
being approved by him, shall be paid out of the military fund.

2. This act shall be in force from its passage.