Page:United States Statutes at Large Volume 44 Part 1.djvu/1174

 § 1200 t TITLE : _ cars, not exceéding thirteen, as can be contenéd without injury to the service, shall be summoned on every such 'court. But in no `casé, wher; it than be avoided without injury to the service, shall mote than 0¤¢;ha1f, exclusive of the president, be jmiior to the officer- to be tried. Tho senior officer shall glways§p1*e· sidc and the others shall take `place according to their rank. (R. S.· $1624, art._39.) ‘ -. ` ` Article 40. Oiths of members and "judga advocate.--—The pretsidentl of the` `general éourt-martial shall, administer ithe following oath or affirmation to. theljudgg advocate or person osticiatixzg us such: _ - = _ ` " I, A B, do swear (or {1IHl'l1l)`.thZlt I w:il1·°keep` a true record of the evidence given to and the proceedings of thigycourt; that I will I10t_di\’l1lg€'0f by.ai1y,.u;jcaus disclose the sentence of the court until it shall have been approved by the proper authority; and tlxét I ”wi1l;1i0t at; any time divulge or· disclose the YQt€ 0I' opinion- of _£lll& particular member. of the court, unless x·e<juired's0 to do before a court of justiceln due courséz oflaw."` · . Y  V '_ ’ . This oath or aitlirmatiou being duly administered, each member ot the court, before proceéding to,triul, shall thké the followinf oath or dfHrmatipn,`whicl1 shall be ·ad_miuistcxjc·d by the judge adwjocatc or person officiating its such:” · V ‘  . prejudice or partiality, the oaso how depending, according  the evidence which shuflcome before the court, tl1‘a·ruleS for the. government of the Navy, and _`my_ OW}1 kzonséienca`; that I will. not by any means divulge 01% disclose the sautgyxgqeof _ the'c0u1*t until it shall have- bean` approved by the proper authority; `Blld that I will not at- any time divulge. of disclose the vote or opinion of axiy·'p:1rtlcu{z1r member of tile court, _ unless requirédlso to do before a court of justice in dale course ,6,/ of law.".’ _(R. SI5 1624,Zart. 40.) _ " o · ~ °  » oArticlc 41. Oath of witnc£s.——~An oath or affirmation in' the following form, sl1al1_ be admiuistemd to z1‘ll;Witne$séS, before a¤y‘c0urt·murtia1, by the president tliéaieofz  v ·   ., ·_ A “You do Ysolemnly sweat `(or affirm) that the evidence you shall give in the cagéo now before this court Shall be the` truth; Q the pvholeytrtxth, and nothing but the truth, uml°t11at you- will étatc everything witlniu. your knowledge in. relatloh to the charges. So help you God; (0r_ ‘ this you do uudertho pains and penalties of `perj1iry’).’-’ (Bl $55 1624, art. 41.) ‘ ‘ Article _42. (a) Contempts of court.-—-Whepé°\“ver ogy person refuses to site his evldencéor to give it in the manner provided by time articles, or prevtujlcutes, or behaves with contempt- to the goutt, it shall be lawful for the courtto lmpriéon him for any time not exceeding two mouths; Provided, That g me person charged shall, at his own reguest but ··xi0t otherwvise, be a competent wltuessv before a court-·mm·tlal or court of inquiry; and his failure to make such ‘1·‘_ nest shall not `cmatoany presumption against him. (R. ·S.?2`162~1,# art, 42; Mar. 16, 1878, c. 37,20 Stat. 30. )_. ° y  ” 4. (iw) Witqeasqs; process for.-—~A‘ naval court-martial or court of inquiry shall havo power to issue like process to compo! witucs»ws.to appemiaud tcstitfwhich United States courts of criminal jurisdiction within the State, Territory. or District wnenje, such natal courtj shgll be ordered to sit may- lawfully issue. (Feb. 16, 1909, é. 131, { 11, 35 Stat. $1.). · _ ` (c) Refusal of witness to appear or testify; ·privileg¢.—£——-·Aby person duly qubpcegmed to', appearxas A witness Mtgm a general court-martial or court of inquiry of the Ndvy, who Grlllfully neglects or refuses to appeak, or rctusés to quglitx as ea wituéss or to testify or produce documeumry·evid?e¤ce,' which such ptrmm may have mon legally smbpmuaed to produced, shall be deemed gpilty of u misdemeanor, for which such poison abil! b be pdpis?2d on information in the dlstrlctkomt of me United States ;` and it shull be tho duty of the United States district
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attorney, on the certidcation of the facts to him by such nam court to file an information against and prosecute the person _ `so offending, and the punishment of such person, on conviction sl1al1‘.he‘*a ilne of not more than $500 or imprisonment not to 'éxceéd  rnonths,` or both. at the diiicretiou of the mum. Pm·v¢ded,' That this shell not QDPU W DGPSGHS residing be··,·0mi, the State,’Territ0ry, or District in which such naval court as held, and that the tees 0t_ such. witness and his mileage at theratesprovlded-tbr witnesses in the United States district court for said State; Territory, or District shall be dulyipuid or icuderecl said witness. such amounts to be lpaid by the_Bure:1u or Supplies and Accounts out of the appropriation for compensu. tion of witnesses: Proirideetfurtherjg That n0'witncs¤ shall he c0mpellgx1\t0 incrirninate himself or to. answer any qne>;ti¤»n which hm? tend to. incriminate or degrade him, (Feb. 16, lilozr .c. 131, § 1 }>»35 Stat. 622.) _ _ _ A ‘, _ ‘ _. ’ ` Article- 43. Charges and specifications; arrest cf. ‘accnsed,~’ Tlneperson accused shall befurnlshed with an true copy ot the charges,$with__t11e speclilcutions, at the tlme.M is put under arrest; and_ no other charges than those so furnished elmli hg _ urged against him at the trial, unless it shall upixear to the` court that inte1ligence` of such other- charge had not _ reuchnq the votilcer ordering the court when the accused was put under . arrest, `or that some witness material `tt)_t}l9 support of such charge was at that. time absent- and can be 'prodnced ht the _ trial; in -which hse reasonable time shall be given to me accused to mak.e•%Is defense against such new charge. (R. §1624,art.43.)  . ·_ .   Q . _ Article 44. Duty of omcer—arrest_ed.·eEx·er3* ofllcer who is arrested for trial. shall- deliver up his sword torhln cemxmmm lng officer and- confine himself to thelimits assigned him, on pain of dismissal from the service. (R. _S. 5 162-I, art. +1, )· - _. “Article 45. Suspension of proc&dé¤gs.—\Vhen the tmrueeetlings of any general court-martiuljnaye commenced, theyelmll not be suspended or'·dela1yedAn account ot theabeence et any of the members, provided five er more are assembled;. but the . "court is. enjoined to sit tron; dey to day, Sundays excepted,»/X until sentence is given, unless temporarily `adjonrmd by the . v authority which eo·m*eneu· lt. (R. S. § 1624;; art. 45.) _` " ’ y Article`46. Absence of m¢mbcr¤»——-··N0  of a general court-martial-`slnall, ’ after · the proceedings are begun, absent' himself therefrom, except in C8SQ of sickness, or or an order to go on duty from a superior o®eer, ._on pain ot being coshlered.  (`R. S. §·1624,_art. 48.)  ¤ · ~ · _` Article 47. Witnesses engined in gbsence of a member.--- · Whenever nny n1exnber .ot’  u. courtannrtial, from any legal · ·, clause, is hbsent from the court after the commencement ' _ ot a case, ·all the witnesses who have been examined `dnrlng his ebsenee n1ust,_when he is ready to resnme his` sent, be recalled   the court, rend tire recorded. testimony of each wvltness so examined- `xnust be reed over to him, and lunch witness must acknowledze! the some to be correct end he subject to shch turtl1er"exe.mlnation as the will member nun.? require. Without at compliance with this 1‘ule,‘.nnd ¤u`entr>’ thereof upon the record, s member whdshell have‘been.al».h»m during. the examination of a witness skull not be ulleweti to sit signin im that particular cease. (R. S._ §· M2-E, art. 47.7 _ ` .Arti¢lc 48. Suspension of 'gmy.-—Wheneve;• a court-mart-i:=Y. sentences en ofdcer to he suspended, it may. suspend his phy and emolumenta ter the whole or` any part ot the time of his suspension. (R. S. $1624, srt. 48.) _. ' PUNIUMSHMENTS AND SENTENCES; IN GENERAL Article 49. Prohibited punlehnxents.-¥—·-In no case shall hulk _ I lshn1ent·`by {logging, or by brandlng, marking, or tattooing 0** · the body be adjudged by any-co·hrt·-martini or he indicted UDOU. .. · any person in the Navy. ; The _ use pt irons, single or double.