Page:Regulations for the North Carolina National Guard, 1907.pdf/22

 a penalty not to exceed fifty dollars. For all penalties imposed by court-martial each commanding officer of the organization to which the convicted party belongs, within ten days after the penalty has been imposed, shall notify the delinquent of the amount of the penalty;

and if said delinquent shall neglect or refuse to pay said penalty within ten days after such notice is given, it will be the duty of the commanding officer to bring suit on behalf of the organization to which the delinquent belongs before a justice of the peace of the county in which said delinquent resides, to recover the amount of the penalty.

And upon the production in court of the record of the finding and sentence of the court-martial, the justice of the peace shall give judgment against the defendant, and in favor of the company or organization to which defendant belongs, for the amount of the penalty and the cost of the action.

4878. Witnesses before, how subpoenaed. The Judge Advocate of any court-martial constituted according to this chapter may issue a summons, in the nature of a subpoena in criminal cases, directed to any sheriff or constable, or to any soldier, to summon witnesses for the State and the accused; and the persons summoned by him shall be bound to attend and give evidence before the court-martial, under the same penalties as in criminal actions, and, if a soldier, under penalty of being tried and punished by court-martial for disobedience of orders.

4879. Witnesses sworn. All witnesses shall be sworn by the Judge Advocate, before they give their evidence, as in criminal cases, according to the following form :

“You,.. do swear that the evidence you will give to the court in the case between the State and C. D. shall be the truth, the whole truth, and nothing but the truth: so help you, God.”

4880. Same as United States Army and Navy. The uniform, arms and equipment of the militia shall, for the land forces, be in accordance with the regulations governing the United States Army; and for the naval forces, in accordance with the regulations governing the United States Navy.

4881. How obtained. Each company of the National Guard, on application by the commander thereof to the Adjutant General, through his regimental and brigade commander, if there be such, and producing satisfactory evidence that the law in relation to the distribution of public arms has been fully complied with, shall be furnished with such appropriate arms and equipment as shall be determined by the commander in chief, upon such terms and under such conditions as the law prescribes.