Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-09-20

ion of any particular member of the unless
CURED do before court of justice III due course of
law
All testimony given to general court martial shallbe
on oath or affirmation which the president of the
hereby authorized to administers and If any
prevaiicate shall behave with contempt to thecour
may be lawful for the court to imprison such
offender at their discretion; Provided that the imprs-
In shall exceed two months. And every
on oath or affirmation before such court who SHAH
corruptly procure subor any person to commitsuc
wul perjury, shall and may be prosecuted by ndict
information in any court Of justice of the United
by the laws Of the United case Of perjury or
the subormation thereof And every prosecution for
Shall be SUFFICIENT to set forth the offence charged on The
defendant, without setting forth the authority by which
the held or the particul matters brought or
intended to be brought before said court
ARTICLE IA.
The following oath be administered to witnesses
before courts martial and courts of inquiry:
that evidence you shall give in the case now before
this shall be the truth, the whole truth and moth
within your knowledge and recollection in relation to
pains and penalties perjury"
person accused shall be furnished with true ccpv
of the charges, with the specifications at the time
put arrest shall any other charges than those
fore the court, unless ii appear the that ne-
gence OF such charge had not reached the officer ordering
the court when the person tried put arrest
that witness material to the support of such
charge, who at that time absent be produced
in which reasonable time shsll be given the per-
son to be- tried to make his defence against such
sword to his commanding officer, and conhe himself
to the limits assigned him. under the pain dsmission
ARTICLE Is.
When the proceedings OF any general court martial
delayed account of the absence of any members
provided assembled; but the court is en-.
Joined to sit from day day, Sundays excepted until
sentence be given uuess temporarily adjourned by the
authority which convened the court And member of
said court shall after the proceedings begun absent
himself theretrum unless in case of sickness orders
fered 0' HUM 'D'''i'' '''' I'll pam 0'inS CASH
ARTICLE H.
If member ofa martial shall, from any legal
cause, tail to attend after the case
court must, when he is ready to his seat
every person hosmay have been examined In his abb
TO be called into court and the testimony
of each witness mast be read him, such wilt
must acknowledge the same to be correct be
subject such further the said member
nal require, and without compliance with this rule
have been absent during the examination Of a witness
shall not be allowed to sit again in that particular
ARTICLE Is.
Whenever court martial shall sentence officer to
his pay and emouments the whole any part OF the
time of his suspension
sA sentences of court martial which shall extend to
the loss Of life shall require the concurrence Of
thirds OF the members present, and such sentence
shall be carried into execution until confirmed by the
be determined by majority OF votes, ana carried into
execution confirmation of the conn ander Of the
fleet or officer ordering the court except such
the dsmis sion of commissioned warrant officer
which are fist 20 be approved by the president Of the
United States.
Every o1ncer VINO Is by TINS act authorized
courts martial snail have power on revisal of its pro
ceednes to remit or mitigate but not to commune the
tnorizedto approve and confirm;
ARTICLE q.
It shall be the duty of martial in all cases of
conviction to adjudge punishment adequate TO the
character aud nature Of the offence committees the
members of court may recommend the person convict
ed as deserving of cemency, and state the record
ARTICLE o.
The judgment of martial sHall be authelti
Gated by the signature of the president and all tie
bers othe same who may be present when the said ug
ment shall pronounced ana also othe judge advocate
Courts of Inquiry ordered by the president
the United States, the secretary of the navy the
not consist than three members, who shall he
commissioned officers, and Judge advocate person
do duty; and such courts shall have power to summon
witnesses administrate oaths and punish contempt, in
the manner court martial Bu. such court Shall
merely state facts and not give their opinion unless
pressy required to do the order convenng; and
the party whose conduct shall be the subject Of mo Try
or his attorney shall have permission to crossexamie
ARTICLE "a
The proceedings Of toe courts Of inquiry shall au
thentcatcd by the signature of the president OF the
court ana judge advocate and shall in all not cap
fficcr. be cv before court martial pro
vided osal testimony cannot be obtained.
ARTICLE 25.
The judge advocate person officiating as SUCH shall
administer to the members the following oath affirm
You do swear Tor affirm well and truly to examine
and inquire, according to the evidence, into matter
now before you, without partially prejudice"
After which the president shall administer judge
advocate, or person officiating as such, the following
oath or affirmation:
You do swear Tor at1rm truly to record the
ings of this court and the evidence be given the
in hearing
Seetlon2 Aid tfurther enacted That the proceeds
Of ships and vessels and the goods taken board of
EN-, which shall be adjudged good prize, shall when
the capture be the sole property of the captors; and
when of inferior force. shalt be divided equally between
the United States and the officers and making the
Section 3. And be it further enacted That the prize
money belonging to the officers and men shall be dstrib
uted in the following manner:
First, 70 the commanding officer of feet squadron
one twentieth part of ali prize money awarded YES
sci or vessels under his immediate command.
Second 10 the commander of a single ship, tenth
part OF all prize money awarded to the ship under his
command, if such Ship at the time Of making the
capture, was under the iI'mediatc command OF the
commanding officer of fleet or squadI and three
Third, The share OF the commanding officer of the
ee sqadron, if any, and the share of the Commander
of the ship being deducted the residue shall distrbu
ted and apporoned among all others doing duty on
board and borne upon the books according to Their re
s. ective raies of pay in the service.
Fourth When one or more vessels in the navy shall
De within signal distance Of another making prize, all
ses according the rates of pay of all board who
the flag officer, il there be any such entitled share
entitled to receive share Of prizes taken by vessels
not under his immediate command; of such prizes
have been taken by ships vessels Intended to
be placed underh command before they I'M
der his immediate orders; nor shall commander OF
command have any share N the prizes taken by ships
ms sald eonnand nor atcr he has transferred his
temporarily absent duty from the on the books
of which ne continued to be borne while absent shall
be deprived, IN consequence of such absence, any
prize money to which he would otherwise be entitled
Sect. A. Aud be it further enacted, bounty shall
be paid by the United states for each board
any ship or vessel Of war belonging to enemy at the
commencement Of an engagement which shall be sunk
or otherwise destroyed in such engagement By any shin
vessel belonging to the United States, which NAV
be necessary to destroy in consequence of injuries sus.
tanned in action Of one hundred dollars if the enemys
vessel of inferior forcc and OF two hundred dollars
of equal or superior force 10 be divided among the
officers and crew in tie same manner prize money;
ana when the actual number Of men board such
vessel cannot be satisfactorily asccrancd, it shall be
estimated according to the complement alOWe YES
sells OF their class the navy of the United States
there snail be paid bounty to the Captors
sci OF war captured from enemy which they may be
Instructed 10 destroy, which shall be Immediately
stoyed for the public interest but not in consequence
injuries received in actol fifty dollars for person
who shall be on board at the time of such capture
sec D. Ana be 1t further enacted, That The
ing olcer Oh every vessel, the senior officers all
Vessels Of the navy, which shall capture seize upun
any vessel or vessels as prize, shall carefully preserve
all the papers and writing found board ard transmit
the Mhole OF Inc originals, unmutilaed TO the Judge
the district 10 which such prize ordered to Proceed
with the necessary Witnesses a report of Tie cir
cumstances attending the capture stating the names Of
vessels claiming share thereof and the commanding
ofcer OF every vessel in the entitled or claim,
ing an award of prize money shall as early as nractca
Bile after the capture transmit 10 the navy department
complete list of the officers and men of his vessel on.
titled to share, inserting thereon quality Of every
person rating, pain Of FORGETTING his whole share or
the prize money resulting from such capture and suf
terng such further punishment MS court martial shall
Sect 6. And be It further enacted that any aimed
vessel In the service OF the United States which shall
make capture, or assist In capture, under creum-
which would epe vessel Of the navy to prize
money, shall be entitled TO an award OF prize money in
the manner as such vessel belonged to the navy;
aud such prize money shall be distributed and appOr-
toned in the same manner and the same rules and
regulations provided for persons IN the naval service,