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count on the return of such absent commanding
other veilel to him, unless each of such
Art. XXXI. Any master at arms, or other Master at person of whom the duty of master at arms is arms. required, who shall refuse to receive such prisoners as shall be committed to his charge, or having received them, shall suffer them to efcape, or dismiss them without orders from
proper authority, shall suffer in such prisoners stead, or be punished otherwise at the discretion of a court martial.
Art. XXXII. All crimes committed by per- Crimes fons belonging to the navy, which are not spe- not fpecicified in the foregoing articles, shall be punish-fied. ed according to the laws and customs in such cases at sea.
Art. XXXIII. All officers, not holding com- Who are missions or warrants, or who are not entitled to them, except such as are temporarily appointed cers to the duties of a commissioned or warrant officer, are deemed petty officers.
Art. XXXIV. Any person entitled to wages Asign, or prize money, may have the same paid to his ment of
wages and assignee, provided the allignment be attested by prize mo- the captain and purser; and in case of the assign
ment of wages, the power shall specify the precife time they commence.
But the commander of every vefsel is required to discourage his crew from felling any part of their wages or prize money, and never to attest any power of attorney, until he is satisfied that the same is not granted in consideration of money given for the purchase of wages or prize money.
NAVAL GENERAL Courts MARTIAL.
Art. XXXV. General courts martial may be Appoint- convened as often as the President of the United
States, the Secretary of the Navy, or the commander in chief of the fleet, or commander of a
squadron, while acting out of the United States, martial. shall deem it neceffary : Provided, that no ge
neral court martial shall consist of more than thirteen, nor less than five members, and as many officers shall be summoned on every such court as can be convened without injury to the service, so as not to exceed thirteen, and the senior officer shall always preside, the others ranking agreeably to the date of their commiffions; and in no case, where it can be avoided without injury to the service, shall more than one half the members, exclusive of the President, be junior to the officer to be tried.
Art. XXXVI. Each member of the court, before proceeding to trial, shall take the fol lowing oath or affirmation, which the Judge Advocate, or person officiating as such, is hereby authorized to administer.
“1, A. B. do swear (or affirm] that I will members truly try, without prejudice or partiality, the of general cafe now depending, according to the evidence
which shall come before the court, the rules for the government of the navy, and my own con
science; and that I will not by any means di-
This oath or affirmation being duly adminis-
“1, X. B. do swear (or affirm ]that I will keep Oath of a true record of the evidence given to and the the judge proceedings of this court; nor will I divulge or by any means disclose the sentence of the court until it shall have been approved by the proper authority; nor will I at any time divulge or disclose the vote or opinion of any particular member of the court, unless required fo to dd before a court of justice in due course of law."
Art. XXXVII. All testimony given to a ge- Giving of neral court martial shall be on oath or affirma- testimony, tion, which the Prefident of the court is hereby authorized to administer, and if any person shall refuse to give his evidence as aforesaid, or shall prevaricate, or shall behave with contempt to the court, it shall and may be lawful for the court to imprison such offender at their discretion; provided that the imprisonment in no cafe shall exceed two months : And every person who shall commit wilful perjury on examination on oath or affirmation before such court, or who shall corruptly procure, or suborn any person to commit such wilful perjury, shall and may be prosecuted by indictment or information, in any court of justice of the United States, and fhall suffer such penalties as are authorized by
Exhibi. tio:l of
the laws of the United States in cases of perjury or the fubornation thereof. And in every prosecution for perjury or the subornation thereof under this act, it shall be sufficient to set forth the offence charged on the defendant, without setting forth the authority by which the court was held, or the particular matters brought or intended to be brought before the said court.
Art. XXXVIII. All charges, on which an ap
plication for a general court martial is founded, charges. shall be exhibited in writing to the proper offi
cer, and the person demanding the court shall take care that the person accused be furnished with a true copy of the charges, with the speci. fications, at the time he is put under arreit, nor fhall any other charge or charges, than those fo exhibited, be urged against the person to be tried before the court, unless it appear to the court that intelligence of such charge had not reached the perfon demanding the court, when the person fo to be tried was put under arrest, or that some witness material to the support of such charge, who was at that time abfent, can be produced ; in which case, reasonable time shall be given to the person to be tried to make
his defence against such new charge. Every Treat- officer so arrested is to deliver up his sword to
his commanding officer, and to confine himself to the limits assigned him, under pain of difmission from service.
Art. XXXIX. When the proceedings of any Continu
general court martial shall have commenced, general they fhall not be suspended or delayed on ac
count of the absence of any of the members, martial. provided, five or more be affembled; but the
court is enjoined to fit from day to day, Sundays excepted, until sentence be given : And no member of said court shall, after the pro
ment of an arreld
ceedings are begun, absent himself therefrom, unless in case of fickness, or orders to go on duty from a superior officer, on pain of being cashiered.
Art. XL. Whenever a court martial shall fen- Order of tence any officer to be suspended, the court shall fufpenfihave power to suspend his pay and emoluments on. for the whole, or any part of the time of his suspension.
Art. XLI. All sentences of courts martial, which shall extend to the loss of life, shall require the concurrence of two-thirds of the mem- How fenbers present; and no such fentence shall be car
to be givried into execution, until confirmed by the President of the United States; or if the trial take confirmplace out of the United States, until it be confirmed by the commander of the fleet or squadron : All other sentences may be determined by a majority of votes, and carried into execution on confirmation of the commander of the fleet, or officer ordering the court, except such as go to the dismission of a commissioned or warrant officer, which are first to be approved by the President of the United States.
A court martial shall not, for any one offence not capital, inflict a punishment beyond one hundred lashes.
Art. XLII. The President of the United States, or when the trial takes place out of the United Pardon St States, the commander of the fleet or squadron, tion of shall possess full power to pardon any offence punish- . committed against these articles, after convic- ments. tion, or to mitigate the punishment decreed by a court martial. Sec. 2. Art. I. And be it further enacted, That Courts of
enquiry courts of enquiry may be ordered by the President of the United States, the Secretary of the ordered. VOL. v.