Page:United States Statutes at Large Volume 44 Part 1.djvu/254

 § 1585 :1*11%*1; .1 present, to take possession of all his effects then in camp or eguarters; and if no legal representative or widow be present, the cmnxnnmling ollicer shall direct n summary court to secure all sueh effects, and said smnnnary court shnllhave authority to collect and receive any debts due 'decedenfs estate by local debtors and to pay the undisputed local creditors of decedent in so fur as any money belonging to the deceased which may come into said summary courts possession under this article will permit, taking receipts therefor for file with said'courfs iinal report upon its transactions to the War Departmentyand. as soon as practicable after the collection of such effects said summary court shall transmitsuch effects and any money collected, through the Quartermaster Department, at Government expense, to the {widow or legal representative of-` the deceased, if such be found by said court, or to the son, daughter; father, provided the father has not abandoned the support of his family, mother, brother, sister, or the 'nextof kin in the order `Il&I}1t?d,·if such be found by? said court, or the gbeneiiciary named in the will of the deceased, if ·such·be found by said court, and said court shall thereupon make to the War- Department a full report of its transactions; but if there be none of the persons hereinaboveilnamed, or such persons or their addresses are [not known to or readily ascertainable by said court, and the said court shall so find, said summary court shallphave authority to convert into cash, by public or ‘private’ sale, not earlier than thirty days after the death of the deceased, all effects of deceased except sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiedy as keepsakes; andas soon as practi·` cable. after converting such effects into'cash said summary court shall deposit with the proper officer, to` be designated in regulations, any cash belonging to` decedent’s estate, and shall transmit a receipt for such deposits, any will or other papers of value belonging to the deceased, anysabers, insignia, .`decorations, medals, watches, ¢trirkets, manuscripts, and other articles valuable chledy as keepsakes, together_with_ an inventory of the effects securedby said summary court, and a full. _ account of its- transactions, to the War Department -for transmission to the General Accounting Ofllce for action as authorized by law ln the settlement of accounts ofmdeceased oliicers and enlisted men of the Army. _ . _ The provisions of this article shall be applicable to inmates of the United States. Soldiers’ Home who die in anyMU.uited, States military hospital outside '_of the District of Columbia where sent from the home·for treatment. (June 4, 1020, c. 227, subchapter II, § 1, .41 Stat. 809.) ’. 1585. Iaqaeats (article 113).‘—·——When at any__post, fort, camp, or other place garrisoned by the military forces of the United _»States and under the exclusive jurisd_lction of "the United j States,. any person shall have been found dead under cir-·t cumstances which appear to require, investigation, the commanding officer will designate and- direct A a sunimary court-· martial to investigate thecircumstances attending the. death.; and, for this purpose, such summary court·mnrtial shall have power. to summon witnesses and examine them upon oath or' ailirmation. He shall promptly transmit to the post or` other comniander .a reportj of- his 'investigation and of his nudings n as to the cause of thedeath. (June 4, 1920, c, 227, subchapter .1I, { 1, 41 Stat. 810.) ~. 4 · ‘ · _ \ - 1586. Authority to administer oaths (article 114)..-——AnN judge advocate or acting judge advocate, the president of ai general or special court-martial, any summary conrtanartlal, the_ trial judge advocate .or any assistant trial judge, advocate of a general or special court-martial, the _ president or the recorder of a court of inquiry, or of a military board, any

?0.-——··.lI€l1Y gy, OECGP d€Si§ll£1ifQd {IO take Ri d@§W??*§tiU» HH}? Ui*Hi‘<‘I‘ (]•L‘{;l§,§_~;i T,. oconduct an investigation, and the udjutmxt of amy <:mmz..:m shall have power to eglmini:ster onthe for the ;u1rp.»se.; my the administration of military justice and for other pu,·l,,,_,.._ of military administration; and in foreign plagues wlsere eb. Army may be serving shell have the general powers of ;1.nem.-,. public or of a consul of the United States in the n tre1i·»b of oaths, the execution and acknowledgment of legal ixmrz; ments, the attesfation bf documents, and all other forms HER y notzfrinl acts to be executed by persons subject to military 1:1 . 3(June 4, 1920, c. 227, subchapter II, § 1. 41 Stat. 810.; - ~ l 1587» Appointment of reporters and interpreters (article 115·).——Uud~er‘_sucli regulations as the Secretary of W:x1·‘m;exfrom time to time prescribe, the piesitleut of zi court-xmmisill or military commission or trconrt ot inquiry shall l¤eve.;»;m·¤—r to appoint :1 reporter, who shall-’recor_d`the proceedings uf and testimony taken before such court or eommisssion en.} may ¤set ivdoivu the same, in the first instance.- in shmw hand.. Under like reguletionsfhe president of 51 ·Cf!ilI‘i·lll3l',ii$li or ngilitaryl commission, or court of inquiry, or a ·s1nmnm·y court, may appoint an interpreter, who Shall interpret my the court or commission. (June -1, :1920, c. 227, subchapter Il, § l, 41 sia:. 810.; _ _ — · " · · 1588.I··P0wers‘of assistant trial judge advocate and of assistent defense c0uneel·(article 116).-¥An assistant trial jmlge advocate of 21 general cotirtmzxrtinl Shell be competent to perform nny duty devolved by law, regulation, er the custom of the service upon the trial, judge advocate of the court. An assistant defense counsel shall be competent likewise to- perform any duty devolved by law, regulation, or the cuetem .»f‘ the service upon counsel for the accused. (June 4, 1920, c. 227, subchapter II, § 1, `41 State 811.) _ · Q 1589. Removal of ciyil Suits (article ·r17).·+—When any civil m·_cr1m1m&1 prosecution is commenced litany court of a State against any officer, soldier, or other person in the military service of the United Stateé on account of any act done under color of his office or status, or in respect to which he claims any right, title; or authority under any luw of ee United States respecting the military forces thereof, or under the law of war, such euit or prosecution may et any time before the trial or final hearing thereof be remévéd for trial into tb.- district court of the United Statesin the district ·wheR the same is pending in the manner prescribed in section_36“ot Title 28, and the accuse shall thereupon be entered on the docket of said district court and shall proceed therein as it the cause had been originally commenced. in said district court nnd the $$\}ll\’ proceedings lmdbeen taken in such suit or prosecution in said district court es shelf have been, had therein in said State court prior to its removcwl, and said district court shall have full power —to hear and_de`termi_ne said cause. {June 4, 1920. c. 227, subchapter II, { 1,41 Stat. 811.) _ " " ‘ 1596. 0$cera, separation from . service (article 118).·—-—N·> officer shell be diecharged or dismissed from the eervice exwpt by order of the President or by sentence of a general ecammartial; and in time of peace no omcer shall be diemiseed except in pnreuanceéet the sentence of e general eenrt-martin! or in mitigation thereof; but the President may at any time drop from {the rollsot the Army any omcer who has been absent from duty- three months without leave or who has been absent in ceuhnement in a prison or‘ penitentiary for three months after final conviction by a. court of competent juriseliw tion.- °.(·June 4, 1920, c. 227, subchapter II, § 1, 41 Stat. 811.) 1591. Rank and precedence among Regulate, Militia, and ‘Vohm`teers (article 119).—-—-In time of war or publkpdanger. when two or more officers of the same grade are on “dut$’-