and by superior commanders; when not in active service, upon removal from the county in which the organization of which he is a member is situated; upon disability, established by certificate of the medical officer; to accept promotion by commission whenever in the opinion of the commander in chief the interest of the service demands such discharge.
Dishonorable discharge 4875. Dishonorable. Enlisted men shall be dishonorably discharged by order of the commander in chief, to carry out a sentence of court-martial, upon conviction of felony in a civil court, upon discovery of re-enlistment after previous dishonorable discharge.
Certificate in lieu of discharge papers. 4876. Lost discharge papers. Duplicate discharges will not be granted to enlisted men. Should any soldier unavoidably lose his papers discharge papers, a certificate (according to form in the office of the Adjutant General) will be furnished in lieu of said discharge paper, upon representation of the facts of said loss, attested by some commissioned officer of the Guard or some civil magistrate.
IV. Courts-martial.
Courts-martial governed by army regulations. 4877. How formed and governed. Courts-martial for the active militia shall be governed according to the laws and regulations of the United States Army. The military courts of this State shall be general court, garrison court, summary court, and courts of inquiry. The form and manner in which proceedings of a military court shall be conducted and recorded, and the forms of oaths and affirmations taken in the administration of military law by such courts, and the limits of punishment and proceedings in revision, shall be governed by the Articles of War, and the law and procedure of the courts-martial of the United States. No action or proceeding shall be prosecuted or maintained against a member of a military court, or against an officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court.
Courts and boards presumed to have jurisdiction. Presumption of jurisdiction. The jurisdiction of the courts and board established by this chapter shall be presumed, and the burden of proof shall rest upon any person seeking to oust such courts or boards of jurisdiction in any action or proceeding.
Jurisdiction of courts-martial.
Courts-martial shall have the power to try any officer or enlisted Jurisdiction of man for any violations of any of the Articles of War of the United States, or of any statute of the State of North Carolina regulating the government of the militia, and upon conviction may dishonorably discharge the person so convicted from the service, or impose