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count on the return of fuch abfent commanding officer. Nor shall any commanding officer receive on board any petty officers or men turned over from any other veffel to him, unlefs each of fuch officers and men produce to him an account figned by the captain and purfer of the vessel from which they came, fpecifying the date of fuch officer's or man's entry, the period and terms of service, the fums paid and the balance due him, and the quality in which he was rated on board fuch ship. Nor fhall any commanding officer, having received any petty officer or man as aforefaid, rate him in a lower or worfe ftation than that in which he formerly ferved: Any commanding officer offending herein, thall be punished at the diferetion of a court martial.

Art. XXXI. Any mafter at arms, or other Mafter at perfon of whom the duty of master at arms is arms. required, who fhall refuse to receive fuch prifoners as fhall be committed to his charge, or having received them, fhall fuffer them to ef cape, or dismiss them without orders from proper authority, fhall fuffer in fuch prifoners ftead, or be punished otherwife at the difcretion of a court martial.

Art. XXXII. All crimes committed by per- Crimes fons belonging to the navy, which are not fpe- not specicified in the foregoing articles, fhall be punish- fied. ed according to the laws and cuftoms in fuch

cafes at fea.

petty offi

Art. XXXIII. All officers, not holding com- Who are missions or warrants, or who are not entitled to them, except fuch as are temporarily appointed cers. to the duties of a commiffioned or warrant of ficer, are deemed petty officers.

A

Art. XXXIV. Any perfon entitled to wages Affignor prize money, may have the fame paid to his ment of

wages and affignee, provided the affignment be attefted by prize mo- the captain and purfer; and in cafe of the affign

ney.

ment of

neral

courts

ment of wages, the power fhall fpecify the precife time they commence. But the commander of every veffel is required to difcourage 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 fame is not granted in confideration 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 Prefident of the United naval ge- States, the Secretary of the Navy, or the commander in chief of the fleet, or commander of a fquadron, while acting out of the United States, martial. fhall deem it neceffary: Provided, that no general court martial fhall confift of more than thirteen, nor less than five members, and as many officers shall be fummoned on every fuch court as can be convened without injury to the fervice, fo as not to exceed thirteen, and the fenior officer fhall always prefide, the others ranking agreeably to the date of their commiffions; and in no case, where it can be avoided without injury to the service, fhall more than one half the members, exclufive of the Prefident, be junior to the officer to be tried.

Oath of

Art. XXXVI. Each member of the court, before proceeding to trial, fhall take the following oath or affirmation, which the Judge Advocate, or perfon officiating as fuch, is hereby authorized to administer.

“I, A. B. do fwear [or affirm] that I will members truly try, without prejudice or partiality, the of general cafe now depending, according to the evidence which fhall come before the court, the rules for the government of the navy, and my own con

Courts

martial.

fcience; and that I will not by any means divulge or disclose the sentence of the court, until it fhall have been approved by the proper authority, nor will I at any time divulge or dif close the vote or opinion of any particular member of the court, unless required fo to do before a court of juftice in due courfe of law."

This oath or affirmation being duly adminif tered, the Prefident is authorized and required to administer the following oath or affirmation to the Judge Advocate, or perfon officiating as fuch.

advocate.

"I, A. B. do fwear [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 difclose the vote or opinion of any particular member of the court, unless required fo to dd before a court of justice in due courfe of law."

Art. XXXVII. All teftimony given to a ge- Giving of neral court martial fhall be on oath or affirma- teftimony. tion, which the Prefident of the court is hereby authorized to administer, and if any person fhall 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 fuch offender at their difcretion; provided that the imprisonment in no cafe fhall exceed two months: And every perfon who shall commit wilful perjury on examination on oath or affirmation before fuch court, or who fhall corruptly procure, or suborn any person to commit fuch wilful perjury, fhall and may be profecuted by indictment or information, in any court of juftice of the United States, and fhall fuffer fuch penalties as are authorized by

Exhibition of

the laws of the United States in cafes of perjury or the fubornation thereof. And in every profecution for perjury or the fubornation thereof under this act, it fhall be fufficient to fet forth the offence charged on the defendant, without fetting forth the authority by which the court was held, or the particular matters brought or intended to be brought before the faid court.

Art. XXXVIII. All charges, on which an application for a general court martial is founded, charges. fhall be exhibited in writing to the proper officer, and the perfon demanding the court fhall take care that the perfon accused be furnished with a true copy of the charges, with the fpecifications, at the time he is put under arreft, nor fhall any other charge or charges, than those so exhibited, be urged against the perfon to be tried before the court, unlefs it appear to the court that intelligence of fuch charge had not reached the perfon demanding the court, when the perfon fo to be tried was put under arrest, or that fome witness material to the fupport of fuch charge, who was at that time abfent, can be produced; in which cafe, reasonable time shall be given to the person to be tried to make his defence against fuch new charge. Every officer fo arrested is to deliver up his fword to ment of his commanding officer, and to confine himself to the limits affigned him, under pain of dif miffion from service.

Treat

an arrel

ted offi

cer.

Continu

Courts

Art. XXXIX. When the proceedings of any ance of general court martial fhall have commenced, general they fhall not be fufpended or delayed on account of the abfence 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 fentence be given: And no member of faid court fhall, after the pro

ceedings are begun, absent himself therefrom, unless in case of sickness, or orders to go on duty from a fuperior officer, on pain of being cafhiered.

Art. XL. Whenever a court martial fhall fen- Order of tence any officer to be fufpended, the court fhall fufpenfihave power to fufpend his pay and emoluments on. for the whole, or any part of the time of his fufpenfion.

tences are

en and

Art. XLI. All fentences of courts martial, which shall extend to the lofs of life, fhall require the concurrence of two-thirds of the mem. How fenbers prefent; and no such sentence shall be car- to be givried into execution, until confirmed by the Prefident of the United States; or if the trial take confirmplace out of the United States, until it be con- ed. firmed by the commander of the fleet or squadron: All other fentences 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 fuch as go to the difmiffion of a commiffioned or warrant officer, which are first to be approved by the Prefident of the United States.

A court martial fhall not, for any one offence not capital, inflict a punishment beyond one hundred lafhes.

mitiga

Art. XLII. The Prefident of the United States, or when the trial takes place out of the United Pardon & States, the commander of the fleet or squadron, tion of shall poffefs full power to pardon any offence punishcommitted against these articles, after convic- ments. tion, or to mitigate the punishment decreed by a court martial.

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enquiry

Sec. 2. Art. I. And be it further enacted, That Courts of courts of enquiry may be ordered by the Prefident of the United States, the Secretary of the ordered.

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