Page:United States Statutes at Large Volume 18 Part 1.djvu/309

 Trrnn x1v.——'1‘HE ARMY.—Ch. 5. 237 A.n·r. 67. No provosbmarshal, or officer commanding a guard, shall Rscciving prisrefuse to receive or keep any prisoner committed to his char e b an oili- °“°"“· . Y mrocer belonging] to the forces of the United States; provided the officer Artoi war S0? committmfg s all, at the same time, deliver an account in writing, signed by himsel, of the crime charged against the prisoner. . _An•r. ‘68. Every officer to whose charge a prisoner is committed shall, Beportofprisonwithin twenty-four hours after such commitment, or as soon as he is °*'¤- relieved from his guard, report in writing, to the commanding officer, the Arg Om name of such prisoner, the crime charged against him, and the name of l the officer committing him; and if he fails to make such report, he shall be punished as a court—martial may direct. ' Ama 69. Any officer who pre-sumes,without proper authority. to release Fclsssing prisany prisoner committed to his charge, or suffers any prisoner so com- °“"". “'“·h°“* ““‘ mitted to escape, shall be punished as a court-martial may direct. ART. 70. No officer or soldier put in arrest shall be continued in con- Duration of congpement lmoge than eight days, or until such time as a court—martial can 8.880111 e. rt. of war 78. Am`. 71. When an officer is put in_ arrest for the purpose of trial, Copy of charges except aggeipplte milglaxéy posts oié saatiohnp, the officir qyhw ose order he Mid mm of ms]- isarres s lsee a acopyo thec rgesonw ic eisto betried 17,11,1352 Q is served upon him within eight days after his arrest, and that he is 200, sulh v. 12;;; brought to trial within ten days thereafter, unless the necessities of the 5% xrvicctprevent such trial; and then he shall be brought to trial within irty ays after the expiration of said ten days. If a copy of the charges be not served, or the arrested officer be not brought to trial, as herein required, the arrest shall cease. But officers released from arrest, under the provisions of this article, may be tried, whenever the exigen— pies of the service shall permit, within twelve months after such release rom arrest. Am'. 72. Any general officer, commanding the Armv of the United Whomayappoint States, a separate Army, or a separate department, shall be competent 2°“§l’°} "°“’*¤· to appoénté a general cougt-martia ,1 eithephin time of peace or  time of  war. u w en any suc comman er is e accuser or prosecu r o any · 1 ¤ · officer under his command, the court shall be appointed by the President, 1.,,g9s1;"¥&1$32· °‘ and its proceedings and sentence shall be sent directly to the Secretary 417:’ ’’p` of War, by whom they shall be laid before the President, for his approval or orders in the case. Am. 73. In time of war the commander of a division, or of a separate Commanders of brigade of troops, shall be competent to appoint a general court-martial. divisicrgssnd sepa- But when such commander is the accuser_ or (prosecutor of any person ;“*°O£l':!t;d,$}°mm°5; under his command, the court shall be appomte by the next higher com- Wig ’ ° ° mander. 24 Dec., 1861, c. 3,v. 12, p. 330. Am. 7 4. Officers who may appoint a court-martial shall be competent Judge-advocate. to appoint a judge-advocate for tlie same. A,.{§f,Qj,,. 6g_ ‘ Anr. 75. General courts-martia ma consist of any number of officers M be f B _ from five to thirteen, inclusive; but they shall not consist of less than ml ggiimrlmaitiirl. thirteen when that number can be convened without manifest injury to —· —·-—-———— the Sg[·vicg_ Art. of WR.!' 64. Martin ·v. Mott, 12 Wh., 35; Dynes r. Hoover, 20 How., 81. Ama 76. When the requisite number of Officers to form a general When requisite court—martial is not present in any ppst or detachment, the commanding ¤¤¤;¤l>¤F Mt st s officer shall, in cases which reqluire the cognizance of such a court, report l’3i;_.. m.:°.*:r*"“¤gz:*:°z2i*é“P*z*m::2.W.£:$;5:.11;.;*::16·r~.;2;d€r 0* a cou e assem e a e neares w IC ere may be such a requisite number of oghprs, and) shlall qiilderlthe party accused with necessary witnesses to e ransporte to e p ace w ere the said, court shall be assembled., _ _ Anr. 77. Officers of the Rtgular Army shall not be competent to sit Regular omoers; on courts-martial to try the 0 cers or S0 diets of other forces, exempt as §i¥;Wh°·*°°'m¤¤¤¤Y provided in Article 78. —;,Gtj;a·i,·WT'