Chap. 251.—An ACT to amend and re-enact section 374, chapter 21, of the Code of

Virginia of 1887, as amended by an act approved March 16, 1916, in reference

e public defense. [H B 285]
Aproved March 14, 1924.

1. Be it enacted by the general assembly of Virginia, That section
three hundred seventy-four, chapter twenty-one, of the Code of Vir-
ginia of eighteen hundred eighty-seven, in reference to the public de-
fense, as amended by an act approved March sixteenth, nineteen hun-
dred sixteen, be amended and re-enacted so as to read as follows:

Section 374. How courts martial and courts of inquiry appointed,
organized and conducted:

(1) In the time of war or service in the field, at the call of the State
or the United States, in encampment or in aid of the civil authorities,
courts martial and courts of inquiry shall be appointed, organized and
conducted as like courts are appointed, organized and conducted in the
United States army and their form of procedure and record shall con-
form to that of such courts.

(2) In time of peace, and when not in service of the State or the
United States, as aforesaid, the line officer second in rank in each regi-
ment or separate battalion when concentrated, or in any part of a regi-
ment or separate battalion when the companies or battalions thereof
are stationed together or are acting as a unit or in a company or battery
when stationed or acting alone, or when but one commissioned officer
igs present with a command, then that officer (the ranking sergeant
presents for duty in such cases making the complaint), shall constitute
a summary court for the trial of all enlisted men of their respective com-
mands charged with offenses punishable by fines as provided in this
chapter. Provided, however, that the adjutant-general may, when the
good of the service demands it, designate by a special detail the officer
to constitute any summary court for which provision is made 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
entitled to the same fee for such services which shall be paid to him in
the same manner as are allowed and paid him for executing other crimi-
nal warrants. Such court shall summon alleged offenders and wit-
nesses before it at a reasonable time and place, which summons shall be
served by an orderly of the court or the said civil officers as other sum-
mons 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 entered a plea of not guilty.

. Said court shall have power to administer oaths and to hear and
determine the cases, and when satisfied of the guilt of the accused
party, may impose the appropriate fine as provided in this chapter.

There shall be summary court record book, or docket, kept at each
company, troop, or battery, post or armory, and in the field at the
headquarters of the command, in which shall be entered a record of all
the cases heard and determined, and the action 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
company, troop or battery be attached to a regiment, separate battalion
or battalion of a regiment, concentrated and acting as a unit, by the
commanding officer of such regiment or battalion, provided that the
governor be, and he is hereby authorized to prescribe specific penalties
and fines for such minor offenses as he may deem properly cognizable
by such courts; provided, further, that any enlisted man convicted of
any offense by such court when the fine imposed is in excess of ten
dollars 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 constituting said
court who shall forward the same together with a statement in writing
of the reasons for the finding of the court which is complained of through
the said commanding officer, and the said commanding officer shall ap-
prove or disapprove the appeal and state his reasons for the action taken
in an indorsement before forwarding same. Provided, further, that the
sentence and judgment of said court shall have the same force and effect
as that of any justice of the peace, and when countersigned by said com-
manding officer and in case of appeal for new trial by general court by
the adjutant general of Virginia (the fact of an appeal for such trial and
its refusal being noted 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, and shall have the same force and effect, as is pre-
scribed in section three hundred and twenty-nine and the following
sections of this chapter. For the trial of commissioned officers or for
the infliction of a sentence of dishonorable discharge from the military
service of Virginia, whether of an officer, or an enlisted man, or for the
purpose of a court of inquiry, there shall be a general court martial,
which shall be composed of not less than three commissioned officers
(if practicable in the case of officers of equal rank of the accused), who
shall hear and determine the case in accordance with the military laws
of this State and of the United States, and forward its findings and the
record of its proceedings to the governor, by whom its sentence shall be
approved before the same is executed. Said court shall have all the
powers, rights, and privileges hereinbefore vested in the summary court,
especially in regard to administering oaths, compelling the attendance
of witnesses and alleged offenders, and in regard to enforcing its sen-
tence and the collection of fines, save that the senior member of the
court who shall be the president thereof, shall give all warrants and
summons under his hand, which shall have the same force and effect and
be proceeded upon in the same manner as is provided for like cases of a
summary court, its warrants for the collection of fines, being endorsed
with the approval of the governor; provided, however, that whenever
said court shall ascertain the punishment of an offender to be a dis-
honorable discharge from the military service of this State, it may sen-
tence 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 has been approved by
the governor and commander-in-chief, to whom the record and proceed-
ings 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 en-
dorsed thereon, and the said sentence contained therein to the sheriff,
sergeant, or constable of any city, town or county, 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 be such as are prescribed for such officer by the laws of this
State and of the United States, and when expressly authorized by the
governor, 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

ode.

They shall receive for their service each, including the judge advo-
cate, the prescribed pay of their respective grades prescribed in this
chapter, and transportation when actually employed in the trial of
cases or traveling to and from their home stations in the performance of
this duty, which shall be all the compensation for such services, and no
other expenses shall be allowed to officers of said court in any case, and
shall sit not less than six hours each day while the court is in session
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 pot oftener than twice each month, and not less than four
hours, and shall receive only the regular per diem, and no other com-
pensation or expenses shall be allowed the said court.

Both the summary and general court may have an orderly in attend-
ance, who shall act as court crier, serve summons, and perform such
other duties as may be required of him by the court and in discharge of
his duties he shall be clothed with the powers and authority of a con-
stable, and shall receive the sum of one dollar per day, for attending
upon the court, and in addition for serving a summons, the same com-
pensation now allowed sheriffs, sergeants and constables for like service.

All fines imposed by summary courts or other military courts,
whether collected by the said courts or by the civil authorities, shall be
turned over by said courts or by the civil officer collecting same to the
adjutant-general of the State, who shall keep an accurate account of
the same. The adjutant-general, after deducting the costs of holding
said courts and the collection of said fines, shall annually turn the
balance in to the treasury of the State, to be placed to the credit of the
literary fund.

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