Page:United States Statutes at Large Volume 10.djvu/648

 628 THIRTY-THIRD CONGRESS. Suss. II. Ch. 136. 1855. Howcoushitut- Sec. 5. And be it jlmher enacted, That summary courts—martial shall 'd‘ oonsist of three officers not below the rank of passed midshipmen, and of some competent person to act as recorder. Before proceeding to Oath. trial, the members shall take the following oath or afnrmation, which the recorder is hereby authorized to administer: "You, A. B., do solemnly swear (or uilirm) that you will well and truly try, without prejudice or partiality, the case now depending, according to the evidence which shall be adduced, the laws for the government of the navy, and your own conscience. ·S0 help you God." R¤<¤¤d¢\"¤ WW- After which, the recorder of the court shall take the following oath or aiiirmetion, which the senior member of the court shall administer: "You, A. B., do solemnly swear (or affirm) that you will keep a true record of the evidence which may be given before this court, and of the proceedings thereofZ S0 help you God." Appointment Sec. 6. And be it further enacted, That the commander of 2, ship shall °f‘""°°"d"”‘ have authority to order any officer under his command to act as the rocorder of a. summary court-martial. Testimony. Sec. 7. And be it further enacted, That all testimony given before such court shall be given orally, on oath or aiiirmation, which the senior member of the court shall administer. S<>¤¤¤¤<=<¢¤ ¤i’ That summary courts-martial may sentence petty officers and persons °°“*°S` of inferior ratings to any one of the following punishments, viz:-- First. Discharge from the service with bad conduct discharge, but the sentence not to be carried into effect in a foreign country. Second. Solitary confinement in irons, single or double, on bread and water, or diminished rations, provided no such confinement shall exceed thirt days. Tliird. Solitary continement in irons, single or double, not exceeding thirty days. V Fourth. Solitary confinement not exceeding thirty days. Confinement not exceeding two months. Sixth. Reduction to next inferior rating. Seventh. Deprivation of liberty on shore on foreign station. Eighth. Extra police duties, and loss of pay, not to exceed three months, may be added to any of the above-mentioned punishments. Approvalof Sec. 8. And be it further enacted, That no sentence of a summary ¤°¤*°¤¤°°· _ court-martial shall be carried into efect without the approval of the offi- Th°l' '°m1"’°“· cer ordering the court; who shall have power to remit, in part or altogether, but not to commute any such sentence. And it shall be the duty of any such commanding officer to remit any part or the whole of any sentence by a summary court-martial, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, Rohcarbng qu produce serious injury to the health of the person sentenced; or, in case "°f“*“I °° "°”“°‘ he shall refuse to do so, it shall be his duty, without delay, to submit the case again to the same or to another summary court-martial, which shall have power, upon the testimony already taken, to remit the former punishment, and to assign some other of the authorized punishments in the place thereofl ingggniywggg: Sec. 9. And be it further enacted, That the proceedings of summary ducted_ courts-martial shall be conducted with as much conciseness and precision as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the approval of the President of the United States; and all such proceedings (hmm coms_ shall be transmitted, in the usual mode, to the Navy Department. mammal my in- Sec. 10. And be it further enacted, That any punishments authorized £i<>¤ lll'! ¤b<>v¤ by this act to be inflicted by a summary court-martial may likewise be Pu"mm°m‘ inflicted by any general court-martial 8n£c¤§.¤:·{P£<g0n Sec. 11.  be it further mactei That any person who shall entice any seaman, ordinary seaman, landsmzm, or boy, who may have enlisted