Page:United States Statutes at Large Volume 35 Part 1.djvu/638

 srxrmru CONGRESS. sm. II. Ch. 131. 1909. 621 CHAP. 131.-An Act To promote the administration of justice in the Navy. F°lE;§¤H é$é2l?09· Be it enacted by the Senate and House ofRe;»·esentatvh:es oftfw United [Public. No-230-1- k States of America in Oongrees assembled, That courts for the trial of §Q‘,§},,,,,m,O,, 0, enliste men in the Navy and Marine Corps for minor offenses now iggisgtjrjbmenlmm triable bfy summary court-martial may be ordered by the commanding pien sor minor orofficer 0 a naval vessel, by the commandant of a navy-yard or station, ““°S· by a commanding officer of marines, or by higher naval author1ty. Sec. 2. That such courts shag be kncawn as1"dep1klcourts," and shall ggcigggilm of consist of one commissione 0 cer on y w o w ie servin in suc '“ _ · capacity shall have power to administer baths: to hear and cgetermine www cases, and to impose, in whole or in part, the punishments prescribed b article thirty of the Articles for the Government of the Navy: lzravided, That in no case shall such courts adjudge discharge from ,.,,,,,,,,,_ the Selrvlice or adjudlge confinement of forfeiture of pay for a longer i·¤¤i¤¤¤¤¤¤· peri t an twenty ays. Sec. 3. That any erson in the Navy under command of the officer llecorder w be ae by whose order a dldck court is convened may be detailed to act as "“l°°· recorder thereof. ‘ Sec. 4. That the officer within whose command a deck court is sit- xev1ew,m.,¤m¤- ting shall have full power as reviewing authority to remit or mitigate, ‘°"°°· but not to commute, any sentence imposed by such court; but no sentence of a deck court shall be carried into effect until it shall have been so approved or mitigated, and suschogicer shall have power to pardon n ishment suc court may judge. 3  That the ctourgs hereby authosizlpd shallmbeeglpgygzrgegltipreigll mmm, em. e 1 s o eir cons 1 u on powers an _ _ provided, by such rules anéi regullatidns as (Sie Prespdépt may pgelscrilzye. Sec. 6. That the recor s of the proce ings o e cour ere ly _ R,,,,,,,,; of ,,,0,,,,,. authorized shall contain such matters only as are necessary to enab_e "*¤“· the reviewing authorities to act intelligently thereon, excelptthat 1f the party accused demands it within thirty ays after the BCISIOH of the deck court shall become known to him, the entire record or so much as he desires shall be sentil to the reviewinlg aiithoiytyb Spc}; Jlgigiaggggggggr records after action thereon by the convening author1ty s Rl e or- em ’ wardedldirectly to, and shall be filed in, the Office of the’Judge-Advocate-General of the Navy, where they shallbpe reyiesyecl, und, when evarv submitted to the Secretary of the avy or is action. _ Mgr;. 7. ,That no person who objects thereto shall be brought to trml (m§i¤¤¤ ¤* ¤·*>5¢<‘¤¤¤· before a deck court. Where such objection is made hy the person ‘ accused, trial shall be ordered by summary or by general court-martial. · i * be a propriate. _ _ abdlrxlg 8. Tliat the pourts gutlhorifed to imposg tl}e punishmeptsfptnie- matted8inH P*m*¤’*‘ scribed by article t nirty o the rtic es or the iovernmen o _ e Navy may adjudge either a part or the whole, as may be apprmyriate, _ of any one_ of the_ punishments therein enumerated: 1’;·0m¢le¢., That {gg*‘;¤·,mm wo, the use of irons, smgle or doable, is hegeby abolished, excgpt for the anggepuonsl purpose of safe custody or w en part o a sentence impose y a genl urt-martial. _ arg1;:? 9. That the becretary ogthe Nayy may spit aside: the proceedé c°g,’§_f;mm'f;1b§',‘gg in s or remit or mitigate, in w o e or in pai e sentence 1m se w s. byg-any naval court-martial convened by his oxider or by that o¥Oany oilieer of th§_lNavy or hdariuletglorps I be d b th P _ Aummy to com Sec. 10. at genera cou -ma 13 may convene _ y e resi- ,, _ dent, by the Secretarv of the Navy, by the commander in chief of a v M ileet or squadron, and by the commanding officer of any naval station bevond the continental limits of the United States. _ _ C0 t { u um Sec. 11. That a naval court-martial or court of 1l'1qLllI'y shall have m,__§,y§’,s,,{,,,'}.,,c9gj power to issue like process to compel witnesses to appear and testify °*°- which United States courts of criminal jurisdiction within the btate, 80893-vor 35, rrr 1-09-41