Page:United States Statutes at Large Volume 18 Part 1.djvu/354

 282 Trrnm xv.——THE NAVY.—·Ch. 10. Punishmf--1¢¤ by ABT. 30. Summary courts-martial - may sentence petty officers and °“mm“Y °°“"*“· persons of inferior ratings to any one of the following punishments, Id., s. 7 namely: First. Di charge from the service with bad conduct discharge; but the sentence shall not be carried into effect in a foreign country. Second. Solitary confinement, not exceedinglthirty days, in irons, single or double, on bread and water, or on diminis ed rations. Third. Solitary confinement in irons, single or double, not exceeding thirt * davs. Foiirth. Solitary confinement not exceeding thirty days. Fifth. Confinement not exceeding two months. Sixth. Reduction to next inferior rating. Seventh. Deprivation of libert on shore on foreign station. Ei hth. Extra police duties, aud, loss of pay, not to exceed three months, may {be added to any of the above-mentioned punishments. Disrating forin- ART. 31. A summary court-martial may disrate any rated person for ¢fj¤_Pf**f*¤¤Y· __ incompetency. 17 July, 1862, c. 204, s. 1, art. 10, v. 12, p. 603. E¤¤¤¤*i<>¤ °f¤<*¤· ART. 32. No sentence of a summary court-martial shall be carried into g?;';: Of ““mm'“Y execution until the proceedings and sentence have been a proved by the ..-.i-——- officer ordering the court and by the commander-in-cliief or in his 13§x,a;‘&g8;5é2§‘ absence, by the senior officer present. And no sentence of, sudh court 2’   ci which involves loss of pay shall be carried into execution until the pro- ]74’g_5,v_,]_4,p_5]6_ ceedings and sentence have been approved by the Secretary of the Navy. Remission cfm,- ART. 33. The officer ordgring I? sulmmary court—mart1al bshall have tance. power to remit, in rt or a to et er, ut not to commute, the sentence ci of the court. Andnit shall beghis duty either to remit any part or the 136, S, s, v, 10, p, whole of any sentence, the execution of which would, in the opinion of 628. the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced, or to submit the case again, without delay, to the same or to another summary courtmartia, which shall have power, upon the testimony already taken, to remit lfhe formerhpunlishmcilnt and to assign some other of the authorized unis ments in the acet ereof. Manner of 00,,. P ART. 34. The procgedings of summary courts-martial shall be conducted ducting proceed- with as much conciseness and recision as may be consistent with the 1*188-  M_____ ends of justice, and_under such forms and rules as may be prescribed b mw ,,_ 9_ the Secretar * of the Navy, with the approval of the President; and all sipch proceedings shall be transmitted, in the usual mode, to the Navy e artment. Same punish- KRT. 35. Any punishment which a summary court-martial is author-
 * ';';;fml;1;t{Ei'i“°”‘ ized to inflict may be indicted by a general court-martial.

0, 0m_ ART. 36. No officer shall be dismissed from the naval service except by .2,, the order of the Presiéilent op)  sengence of a general court-martial? and ···   ··r*····d· in time of ce no o 'cer s a be ismissed exceptin ursuance of the ,.,é3J§l$'·ll4°?*9§: semmncgpmeneml co1;Hrt—ma§tial or   giitiggtiolfifthihegf. d ’ ’ '_ ’ _ RT. . en any officer, ismisse or er o the resident since bjxgfgi   3d March, 1865, makes, in writing, an application for trial, setting forth, m,,.d,,,,,,,,,d muy_ under oath tlpat he has beep véyongful y dismissed, the President shall, ·—*······ ·~r·—· as soon as the necessities o e service ma rmit convene g, mm1;- 7g?    :,1 martial to try such officer on the charges on ivhfch hé shall have been 489. dismissed. And if such court-martial shall not be convened within six months from the presentation of such application for trial, or if such court, being) convened, shall not award dismissal or death as the unishment of suc officer. the order of dismissal by the President shall hevoid. mGrep•;m\f cenarm- Am. 38. General courts·martiaI may be convened by the President, mnv:]éd‘Y " °“‘ the Secretary of the Navy, or the commander-in-chief of a fleet or squad- —,,—-3m—f8W€ ron; but no commander of a fleet or squadron in the waters of the United _ M, ,_ 1, gm uz ,._ Stages shall convene such court without express authority from the Presi- 12, p. 603 en.