Page:United States Statutes at Large Volume 18 Part 1.djvu/356

 284 Trr1.1·: xv.—THE NAVY.—Cr1. 10. Witnessesexam- Ama 47. Whenev*er any member of a court-martial, from any [eg,] ined in *’·bS°“°° Of cause, is absent from the court after the commencement of a case, all TEE?-— the witnesses who have been examined during his absence must, when mw art- ]7· he is readv to resume his seat, be recalled by the court, and the recorded testimony. of each witness so examined 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. Without a compliance with this rule, and an entry thereof 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. qu, · f Am-. 48. Whenever a court-martial sentences an OHl(`¢€l‘ to be sus. n PBI1E10D 0 _, pay,  __ pended, E may supppnd his pay and emoluments for the whole or any ]d_, ,m_]g_ rto the 1me o is sus nsion. ploggingjbmnd- PEIART. 49. In no case shdll punishment_h(y flogging, or by branding, ing, &c. marking, or tattooing on the body be adjudged by any court-martial or wid QH 8j···· · be inflicted upon any person in the Navy. 6 June, 1872, c. 316, s. 2, v. 17, p. 261. Sentences, how ART. 50. No person shall be sentenced by a court-martial to suffer d°t*““‘“‘f;_ _ death, except by the concurrence of two-thiids of the members present, Id., an. 19. and in the cases where such punishment is expressly provided in these articles. All other sentences may be determined by a majority of votes. Adequatepunish· ART. 51. lt shall be the duty of a eourt—martial, in all cases of conm°{**i ’€°°mm€¤· viction, to adjudge a punishment adequate to the nature of the offense; d°°’°“fj"’i°Y‘ but the members thereof may recommend the person convicted as de- Id., art. 21. serving of clemency, and state, on the record, their reasons for so doing. Authentication Airr. 52. The judgment of every court~martinl shall be authenticated 0fi¤dg¤¤€¤t· by the signature of the president, and of every member who may be "yKQ_ 22 present when said judgment is pronounced, and also of the judge-advocate. Confirmation of ABT. 53. No sentence of a court-martial, extending to the loss of life, ¤°¤*°¤°€;__,__ or to the dismissal of a commissioned or warrant oflioer, shall be carried 1d_, m, jg_ into execution u11til confirmed by the President. All other sentences of a general court-martial may be carried into execution on confirmation of the commander of the fleet or officer ordering the court. Remission and Arrr. 54. Every officer who is authorized to convene a general court- 2;:;§““°“ Of “°“' martial shall have power, on revision of its proceedings, to remit or ia; min. . . niitigaltmbig pot to commuée, th; sentence of any such court which he ·» · · is au orize o approve an con rm. Courtsofinquiry, Airr. 55. Courtspof inquiry may be ordered by the President, the bygtgyhgpygrjgerpdt Secretary of the Navy, or the commander of a fleet or squadron. cmisiiindon sr, Airr. 56. A court of inquiry shall consist of not more than three ccépunjgioned ofllicers as members, and of a judge-advocate, or person o cia mg as suc. Powers ur, ART. 57. Courts of inquiry shall have power to summon witnesses, — administer oaths, and punish contempts, in the same manner as courts- "' martial; but they shall only state facts, and shall not give their opinion, unless expressly required so to do in the order for convenin . Oath or mem- Am. 58. The judge-advocate, or person officiating as sudi, shall adb¤`¤ wd i¤dH€·¤d· minister to the members the following oath or affirmation: "You do Y@°;5__ swear (or aflirm) well and truly to examine and inquire, according to the Id-.¤1‘t· 25- evidence, into the matter now before you, without rtiality.” After which the president shall administer to the judge-agyocate, or person officiating as such, the following oath or aiiirmation: "You do swear g>)rbs;fHn1) truly Ito record ghe proceedings of this court and the evidence given in the case in earin . ’ _ Rishw Of NNY Am`. 59. The aparty whose corigduct shall be the subject of inquiry, 0i' his attorney, sh l have the right to cross-examine all the witnesses. Proiieeningahow Airr. 60. The proceedings of courts of inquiry shall be authenticated $$**;*;%%:236 by the signature of the president of the court and of the judge—adv0¤W¤. 1d_, m_ 2,, ‘ and shall, in all cases not capital, nor extending to the dismissal of R comnnssioned or warrant officer, be evidence before a court-martial, provided oral testimony cannot be obtained.