Page:United States Statutes at Large Volume 18 Part 1.djvu/313

 'l`rr1.m xrv.—'I`HE ARMY.-Ch. 5. 241 Am-. 114. Every party tried bya general court-martial shall, upon de- Pvt? entitled to mand thereof, made by himself or by any person in his behalf, be entitled “+°°PY· .. to a copy of the proceedings and sentence of such court. AFV of WM 90- Am. 115. A court of inquiry, to examine into the nature of any trans- C<>¤¤‘t¤ of i¤q¤i- action of, or accusation or imputation against, any officer or soldier, may 'Y· h°“’ °’d°"°d· be ordered by the President or by any commanding officer; but, as courts Ans. of war 91 of inquiry may be perverted to dishonorable purposes, and may be em- md 92· ployed, in the hands of weak and envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a demand by the officer or soldier whose conduct is to be inquired of. Am. 116. A court of inquiry shall consist of one or more officers, not Members of exceeding three, and a recorder, to reduce the proceedings and, evidence to wI·it, ing_ Art. of W2.? 9]. ABT. 117. The recorder of a court of inquiry shall administer to the Oatns of memmembers the following oath: "You shall well and truly examine and in- bgm “·“‘lf¥°°°’Zd°" quire, according to the evidence, into the matter now before you, without partiality, favor,aifection, prejudice, or hope of reward: so hel you God." Art. of war 93. After w ich the resident of the court shall administer to the recorder the following oath: “You, A B, do swear that you will, according to ·our best abilities, accurately and impart-ially record the proceedings of, the court and the evidence to be given in the case in hearing: so help vou God." Ama 118. A court of in uiry, and the recorder thereof, shall have the Witnesses before same power to summon and examine witnesses as is given to courts-mar- 9£’l tial and the judge—adv0cates thereof. Such witnesses shall take the same Arts- of wer 91 oath which is taken by witnesses before courts—martials,(‘) and the party “”g gg ,863 accused shall be permitted to examine and cross-examine them, so as fully 75, s_ 3-;"v_ ]2’ gz to investigate the circumstances in question. [Sec S wr!.] 736. ’ ’ 3 Mar., 1863, c. 79, s. 25, v. 12, p. 754. Ama 119. A court of inquiry shall not give an opinion on the merits of _0pi¤i<>n; . when the case inquired of unless specially ordered to do so. gig; gqxgs Amr. 120. The proceedings of a court of inquiry must be authenticated Authentication by the signatures of the recorder and the president thereof, and delivered g£m¥f:%‘;‘f:l‘;§“ °f to the commanding officer. Ama 121. The proceedings of a court of inquiry may be admitted as Proceedings of evidence by a court-martia, in cases not capital, nor extending to the 3*;;* of _¤¤<1¤¤'Y dismissal of an omcer: Provided, That the circumstances are such that ___ oral testimon cannot be obtained. _ Art. of wei- 92. Am-. 122. lf, upon marches, guards, or in qlqarters, diiferent corps of the Qommandwnen Army happen to ]oin or do duty together, the officer highest in rank of g;“°’€;*,°¥§’P¤ the line of the Army, Marine Corps, or militia, by commission, there on im duty or in quarters, shall command the whole, and (give orders for what Art- of wer 62- is needful to the service, unless otherwise specially irected by the President, according to the nature of the case; _ _ Airr. 123. In all matters relating to the rank, duties, and rights of Resnlegnd veloflicers, the same rules and regulations shall apply to officers of the ggfsfogufgzg Regular Army and to volunteers commissioned in, o_r mustered into said mak, &,,_ service, under the laws of the United States, for a limited period. -f ;g,,_i}g6Q is iv' !P' ' Am. 124. Officers of the militia of the several States, when called Bank of militia into the service of the United States, shall on all detachments,_ courts- efligerg ¤¤ {hit? martial, and other duty wherein they may be employed in con]unction xx °01_°$;T3nt'§§'r with the re ular or volunteer forces of the United tates, take rank next {Omg after all oibgcers of the like grade in said regular or volunteer forces, not- withstanding the commissions of such militia officers may be older than 2 mm, 1867 c_ the commissions of the said officers of the regular or volunteer forces of i5g,,,g,v,14,P,4s5. the United States. _ _ _ Am. 125. In case of the death of any officer, the magor of his regiment, Deceased officr the officei- doing the major’s duty, or the second officer in command at °°¥‘¤ °H°°*¤· any post or garrison, as the case may be, shall immediately secure all his Ai-;. er wu. 9L (•) Sic in the Roll.