Page:United States Statutes at Large Volume 39 Part 1.djvu/676

 SIXTY-FOURTH CONGRESS. Sess. I. Ch. 418. 1916. 655 "An·r. 25. Dm·osrnoNs-—W1mN amnss ma.--A dnl th - D¤v¤¤¤ .- ticated deposition taken upon reasonableuiiotice to tbz oaiilposeilie Admixmmnlh party may be read m evidence before any military court or commispgqln m any calsuelixtipt cipgyraé, gg in proceedmlg beflqre a plourttlpf _ uiry or a _ ry 0 ,_ su epos1tion e t witness resides, is found, or is about to go beyond tlie e§avtZe,6%errii tory, or district in which the court, commission, or board is ordered t0_ sit, or beyond the distance of one hundred miles from the place of trial or hearing, or when it appears to the satisfaction of the court, commission, board, or appointing authority that the witness, by reason of age, siclmess, bodily infirmity, imprisonment, or other reiasonaplg cause, irs unablepto aiiepiearmaxid testify in persgn at the p ace o ria or caring: r, a testimon 'ti -· may be adduced for the defense in capital cases. y y GPOSI on muplmmqw "A.a·r. 26. Dnros1rroNs—BmFoRE wnou ·rA1¤¤N.—Depositions to w*Q,jg,“Q°¤°gm¤ be read in evidence before military courts, commissions, courts of ` inquuy, or military boards, or for other use in milit administra- " tion, may be taken before and authenticated by any bgcer, military op c1ivil,lautho{rizedIl:y(§.he laws of the United Statesor by highs laws t t `ti to ' te t ·0 "ifnl·i·.a;?.Y`}d%ur;rs br ti£(:iir1i)¤il—lSRscoii1ns or, wnim i-1i);rssmm.— §‘§,,,"g’,,},",g'¤;‘*,§’,,,;,,,,, The record of the proceedings of a court of inquiry: may be read in ¤¤•v¤¤~¤¤=·~ evidence before any court-martial or military commimion in any case not capital nor extending to the dismissal of an officer, and may also be read in evidence in any proceedinglbefore a co1u·t of · op, a  board: Préavtikled, That suc evidence maytgg  u y e ense in capi cases or cases extend1ng` to dismissal of an officer. "A1z·r. 28. Rnsieiurron wrrnomr ACCEPTANCE DOES Nor nmmcasn i°,§‘,,f"t2‘K orriomn.-—Any officer who, having tendered his resignation and ¤¤¤¤¤¤¤‘· prior to due notice of the acceptance of the same, quits his post or proper tilutgzs wgthouthlgiiie and wifh isitent to absent himself permanen y there rom s e eeme a eserter. "An·r. 29. Enrrsrmnm wrrnorrr DISCHARGE.···A.Ily soldier who, m§‘Q§,S,§§'f°§‘§,,,'{}§’§?“° without having first received a regplar dischaiige, aggin enlists in the Army, or in the militia when in the service o the nited States, or in the Nag or Marine Corps of the United States, or in any foreign army, sh be deemed to ave deserted the service of the United States; and, wlgelre the enlistilmentfis 11:1 gpc of thelforcgs pif the United States mention a ove, to ave rau en y e 'ste therein. "Am·. 30. Cwsnn s1·:ss10Ns.—Whenever_ a general or special  ’°“‘°'” °‘ courtpmartial sha.11 sit in closed session, the fludge advocate and the assistant judge advocate, if any, shall_ wit draw; and when_ their legal advice or theu· assistance in referring to the recorded evidence iirequireda it sgml; lligobtamedjmlppenbcgoun, and in the presence of t use o co there any. 220151*. 3l.aI6B.DEB or vorr1Ne.——Members of a general or special °'°"°"°°"* co1u·t-lrpartial, in giving their votes, shall begin with the jumor in ran. _ Mmmm "AR*r. 32. Com·nm>·rs.-—A conrtanartial may {punish at discretion, tempts. i M ansutbject to the limitations corgauied in Articile ourteeg, any person w a c` wor, signs or ges ures m 1 presence or whii d1;l;S1u·ll;iyitf;1•;>If·gc;‘;§lin£;s by any riot or disorder. E h ,1*81 Rnd, 0, mr, "An·r. 33. Rmconn mmmr. COURTS-MAB.T1}L.···· ac gene _ martial. c0urt·martial shall keep a separate record of its proceedmagg m the trial of each case brought before it, and_such record sh _ be authenticated by the signature of the president and the judge advocate; but in case the record can not be authenticated by the j1£2§e advocate, by reason of his death, disability, or absence, it s be s' ed by the president and an assistant judge advocate, if any;  there be no assistant judge advocate, or m case of lus