Page:United States Statutes at Large Volume 12.djvu/635

 THIR'I.`Y—SEVEN'I`H CONGRESS. Sess. Il. Ch. 204. 1862. 605 absence of any of the members, provided five or more be assembled; but ‘ the court is enjoined to sit from day to day, Sundays excepted, until sentence be given, unless temporarily adjourned by the authority which con- M§mb°”h¤°* vened the court. And no member of said court shall, after the proceedings gglgesjut t °m` are begun, absent himself therefrom, unless in case of sickness or orders to go on duty from a superior officer, on pain of being cashiered. ARTTCLE 17. If a member of a court-martial shall, from any legal _'f¢¤*im<>¤5'¤f cause, fail to attend after the commencement of a case, and witnesses shall g2g2T?,;???` be examined during his absence, the court must, when he is ready to re- sence to be read sume his seat, cause every person who may have been examined in his :gt‘J;“‘b°' °” hu absence to be called into court, and the recorded testimony of each wit- ' ness must be read over to him, and such witness must acknowledge the same to be correct, and be subject to such further examination as the said member may require; and without a compliance with this rule, and an entry of it upon the record, a member who shall have been absent during the examination of a witness shall not be allowed to sit again in that particular case. Aarrcus 18. Whenever a court-martial shall sentence an officer to be Sentence. suspended, the court shall have the power to suspend his pay and emolu~ ments for the whole or any part of the time of his suspension. Aarrcnm 19. All sentences of courts-martial which shall extend to the C°’*‘*i” SW? loss of life shall require the concurrence of two·thirds of the members pres- ;;!;ii,S,,;7&;n:?g ent, and no such sentence shall be carried into execution until confirmed two-thirds of by the President of the United States. All other sentences may be deter· “"g':L’§:“Sg§fS°“° mined by a majority of votes, and carried into execution on confirmation mms, 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. Arvrronn 20. Every officer who is by this act authorized to convene Omen-convm. courts-martial shall have power on revisal of its proceedings to remit or me 90m may mitigate, but not to commute the sentence of any such court, which by this 5g1Q];?;,,;?;;,;) ut act he is authorized to approve and confirm. sentence. ARTICLE 21. It shall be the duty of a. court-martial, in all cases of P¤¤iShm¤¤f t0 conviction, to adjudge a punishment adequate to the character and nature Engg2F3Q15s8s_ of the offence committed; but the members of a court may recommend the person convicted as deserving of clemency, and state on the record their reasons for so doing. ARTICLE 22. The judgment of every court-martial shall be authenti- Judgments of cated by the signature of the president, and all the members of the same who may be present when the said judgment shall be pronounced, and cated, also of the judge advocate. ARTICLE 23. Courts of inquiry may be ordered by the President of C°¤**Sl°f isthe United States, the Secretary of the Navy, or the commander of n fleet ’ W W my or squadron, provided such court shall not consist of more than three ` members, who shall be commissioned officers, and a judge advocate, or ct whom to person to do duty as such; and such courts shall have power to summon °°{jsi’**- F _ witnesses, administer oaths, and punish contempt, in the same manner as °w°r ° com" courts-martial. But such court shall merely state facts, and not give their opinion unless expressly required so to do in the order for convening; and the party whose conduct shall be the subject of inquiry, or his attorney, shall have permission to cross-examine all the witnesses. ARTUJLE 24. The proceedings of the courts of inquiry shall be authen- Proceedings, ticated by the signature of the president of the court and judge advocate, ;$;d?“d‘°"°" and shall, in all cases not capital, or extending to the dismission of a commissioned or warrant officer, be evidence before a court martial, provided oral testimony cannot be obtained. Aaricmc 25. The judge advocate, or person officiating as such, shall Oath to meinadminister to the members the following oath or affirmation: bm' " You do swear (or affirm) well and truly to examine and inquire,