Page:United States Statutes at Large Volume 41 Part 1.djvu/823

 SO2 SIXTY-SIXTH CONGRESS. Sess. II. Ch. 227. 1920. ==¤¤¤—¤S 0* WAR- D. Annasrg coNF1NEumN*r. mf,§{{°€,$ ,Z@us‘;Q‘Q,%$I Airr. 69. Aarmsr on ooNrrNEMENT.—Any person subject to mili- ${9;; 39 661 amend tary law charged with crime or with a serious offense under these artied. `p` ’ cles shall be placed in confinement or in arrest as circumstances may nssmmou. require; but when charged with a minor offense only such person shall not ordinarily be p aced in confinement. Any person placed in arrest under the provisions of this article shall thereby be restricted to P. h M M his barracks, quarters, or tent, unless such limits shall be enlarged by bmsiaii§im?€ proper a;1thor1ty1;5nAny ¢;ffice}§·B¢;1];1*;:Iac%)e1% whombrsfaélri  argest ortwho esca as rom co emen w e ore e ria r sentence and Ibefore he is set at liberty by proper authority, shall be dismissed from the servige or suffer such otheg punishxigint asla coulittmartial dir t; an any other erson su ject to `tary aw w 0 esca es Ifiidiii coiiffinement or who breaks his arrest, whether before or after trial or sentencedand before he is slelt at hléeity by proper authority, hall be unishe as a court-marti may ect. §g{}°‘3S°E§’°°,{’,$.““¤°’~ S Anr. $0. Cnancns; ACTION m>oN.——Charges and sipeciiications V¤1·39·r>·651.=¥¤¤•=¤d- must be signed by a person subject to military law, an under oath °d‘ either that he has personal knowledge of, or has investigated, the matters set forth therein, and that the same are true in fact, to the . best of his knowledge and belie. mv°mg°°°°' No charge will be referred for trial until after a thorough and impartial investigation thereof shall have been made. This investigation will include in uiries as to the truth of the matter set forth in said charges, form di charges, and whgtddgspolsgion cg the lease should be Right °'°°°'°’°‘L made in the interest of justice an cip e. t suc investigation full opportunitlylihaél be given to 8:1111% laccusled to crossexawiel wiltnesses ainst ' they are av a e an to present anyt rr e may deagre in his own behalf either in defense or mitigation, and: the investigatinv officer shall examine available witnesses requested by the accuse. If, the char es are forwarded after such investigation, they shall be aliccompalgniedg by a statement of the substance of the testi- _ _ mony then on oth sides. agiiliiliggaaiigimzrii Y Before directing the trial of any charge by general court—martial the ayépointing aiéthority will refer it to his staff judge advocate for consi eration an advice. S"°°d’ °"“I’°t°‘ When any person subject to military law is placed in arrest or _ confinement immediate steps will be taken to try the person accused ¤.,E.,‘{§§$§?”dZf,$y{°§t.§T°` or to dismiss the charge and release him. Any officer who is responsible for unnecessarg delay in investigating or carryiigg the case to a final conclusion s all be punished as a court—marti may direct. When a persjolp is held for  by §nera1 court-martial the coimmand- ' cv officer w within eight ays ter the accused is arreste or confiuiized, if practiizable, forward the charges to the officer exercising general court—martial jurisdiction and furnish the accused a. copy o such charges. If the same be not practicable, he will report to superior authority the reasons for delay. The trial judge advocate will cause to be served upon the accused a copy of the chargers u on which trial is to be had, anti; failxe so tag slizervliaalsiuch charges  pe grounél flor a. continuance ess the tri on the charges ur e the accused as hereinbefore provided. In time of peace no aperson shall, against his objection, be brought to trial before a gener court-martial  a period of five days subsequent to the service of charges _ upon him. ,,,,§,€§jm‘*° k°°*’ ¥""·“’ Am, 71. Rarusar. ro aacmvn svn KEEP rmsoNnns.—No provost marshal or commander of a guard shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the orces pf thedlgiited States, pirovide tthe officiigi cgmigiittinér slgatlli at the ime, e ver an accoun in wri mg, Sl0'I1 y imse o e crime or offense charged against the prisonzr. Any officer, or soldier so refusing shall be punished as a court·martial may direct.