Page:United States Statutes at Large Volume 39 Part 1.djvu/674

 SIXTY—FOURTH CONGRESS. Sess. I. Ch. 418. 1916. 653 them to_trial before a general_cou.rt-martial: Provided further, That “°d¤’**¤°*¤¤S- the l’res1dent may, by regulations, which he may modify from time to time, except from the jurisdiction of summary courts-martial any class or classw of persons subject to military law. · Pu, h ‘ { "Sum¤iary courts-martial shall not have ower to adjudge con- stricuiiif mm W finement in excess of three months, nor to adjudgle the forfeiture of ,,,,,,,,0 more than three months’ pay: Provided, That w en the summary Appr<»~?¤1r¤q¤i·-ed. cou.rt officer is  the commanding officer no sentence of such summary court—mantal adjudging confinement at hard labor or forfeiture of pay, or both, for a period in excess of one month shall be carried mt:1 exgecution until the same shall have been approved by superior au ority. "4n·r._ 15. nxoLUs1vm.—The provisions of these articles con- c,,{S";$‘§“‘°"°° “°‘ °‘· fernng_ jurisdiction upon courts-martial shall not be construed as ` depriving military commissions, provost courts, or other military tri unals of concurrent jurisdiction in res t of offenders or offenses that by_the law of war may be lawfully triable by such military , commissions, rovost courts, or other military tribunals. "An·r. 16. (grnouns; now TBIABI.E.—Om08IS shall be triable only T"°°f°m°°”‘ by general courts-martial, and in no case shall an officer, when it can be avoided, be tried by omcers inferior to him in rank. "1>. mocmunm. P'°°°°“'°' "Am·. 17. Junen anvocxrn ro 1>aosmcu·m.—’l‘he judgeoadvocate P'°‘°'“‘°°°‘ of a lgeneral or special court-martial shall prosecute m name of the nited States, and shall, under the direction of the court, prepare the record of its proceedings. The accused shall have the right to °°°"°"°"°`”°°°' be represented before the court by counsel of his own selection for his defense, if such counsel be reasonably available, but should he for any reason, be unrepresented by counsel, the judge advocate shall fsrigip tgps tlc; time throughout the proceedings advise the accused of eg rig ts. "As·r. 18. Cm·.i.Ln1~:oms.—-Members of a general or special court- °*'““°°“'°‘ martial may be challenged by the accused, ut only for cause stated to the court. The court shall determine the relevancy and validity thereof, and shall not receive a challenge to more than one member at a time. "Am·. 19. Oarns.-·The judge advocate of a general or sgpial t.,‘2;°lE"‘°°"°°"“"°"' court·martial shall administer to the members of the court, ore “°'¤°°”°‘°°°"· they proceed upon any trial, the following oath or affirmation: ‘Ycu, A. B., do swear (or aiiirm) that you will well and truly try and determine, accordgig to the evidence, the matter now before you, between the Uni States of America and  person to_be tried, and that you will duly administer justice, without partrahty, favor, or affection, according to the_prov1sions of the rules and articles for the vernmeut of the armies of the Umfed States, and if any doubt sgguld arise, not explained by said articles,   according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear (or aflirnr) that you will not divulgte the findings or sentence of the court_unt1l they shall be published y the proper authority, ezrcept to the judge advocate and assistant judge advccate;_ neither will you disclose or discover the vote or opinion of any particular member of the courtmartial, unless required to give evi ence thereof as a wjtness by a court of justice in due course of law. So help you God. "When the oath or aflirmation has been admmistered to the mem- Bggdtgmwvmw mi bers of a general or special 00ll1‘li—HL81'l»18l, the president of the court shall administer to the jpdge advocate and to each assistant judge advocate, if any, an oat or affirmation in the follow·u:i§orm:_ You, A. B., do swear (or affirm) that you will not dzvulge Endings or.