Nebraska advertiser., 1863-05-21
PUBLISHED BY AUTHORITY.
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{ Continued from first page.J
arrested is to deliver up his sword to his command
ing officer, and to confne himself to the limits as
sign him, under the pain of dismission from the SER
vice.
Art. Is. When the proceedings of any general
shall have commenced, they shall not
DO suspended or delayed on account of the absence
of any of the members provided five or more be as
sembled; but the court is enjoined to ait from day
to day, Sundays excepted; until sentence be given,
unlass temporarily adjourned by the authority
which convened the court. And no member of said
court shall, after the proceedings are begun, absent
himself therefrOm, unless in case of sickness or
orders to go on duty from a superior oBcer, on pain
of being cashiersd.
Art. II. If a member of court martial shall,
from any legal cause, fail to attend after the COM
meneement Of a case, and witnesses shall be exam
ined dnring his absence, the court must, when hei
ready to resume his seat, cause every person who
may have been examined in his absence to be call
ed into court, and the recorded testimony Of each
witness must be read over to him, and such witness
must acknowledge the same to be correct, and be
subject to such further examination as the said
member may require; and without a compliance
with this rule, and an entry of it upon the record,
a member who shall have been absent during the
examination Of q witness shall not be allowed te
sit again in that particular case.
Art. Is. Whenever a cOrt-martial shall sentences
an officer to be suspended, tho court shall halve the
pawer to suspend his pay and emOiu ments for the
whole or any part of the time Of his suspension
Art. I9. All sentence Of corts which shall
extend to the lofs Of life shall require the concur
renee Of two-thirds Of the members present and on
such sentanee shall be carried into eQecution until
confirmed by the President Of the United States.
All other sentences may be determined by a MAORI
ty of votes, and carried into execution on cOnfirma-
ton Of the commander of the feot, or officer order
ing the court, except such as 60 to the dismission of
a commissioned or warrant officer, Whidh are first 20
be approved by the President Of the United States.
Art, 20. Every o6ider who is by this act authOrz-
ed to convene cOurts-martial shall have power on
revisal of its proceedings to remit or mitigare, but
not to commute the sentence Of any sDch court,
which by this act he is authorized to approve and
confirm.
Art. 81. Is shall be the duty of a cOurt-martial,
in all cases of conviction, to adjudge a punishment
adequate to the character and nature Of the offence
committed; but the members of a court may recon-
mend the person convicted as deserving Of clemency
and state on the record their reasons for so doing.
Art %. The judgement of every cOurt-martial
shall be authenticated by the signature of the presl-
dent, and all the members Of the same who may be
present when the said judgemen shall be pronounced
and also of the judge advocate.
Art. %. Courts of inquiry may DO ordered by the
President Of the United States, the Secretary of the
Navy, or the commander of a feet or squadron, pro-
vided such court shall not consist of more than
three members, who shall be commissioned officers,
nIN n IAAkOo ANNSeA vi - g
and such courts shall have pOwert TO summon witness
ses, administer oaths, and punish contempt, in the
same manner as courts-martial. But such court
shall merely state facts, and not give their opini on
unless expressly required so to da in the order for
convenina and the party whose conduct shall be the
subject Of inquiry, or his attorney, shOn have per-
mitsion 70 efOss-examine all the witnessed.
Art. "a. The proceedings of the courts of inquiry
shall be authenticated by the signature Of the presl-
dent of the court and Judge advocate, and shall, IN
n Ia, = ,vNo,dfr~ r. tho CCIO
of a commissioned or warrant officer, be evidence
before a court martial, provided oral testimony can
not be obtained.
Art. Is. The Judge advocate, no person Oficiat-
ing as such, shall administer to the members the
following oath or affirmation:
You do swear Tor affirm well and truly to ex-
anime and inquire. according to the evidence, into
the matter now before you, without partlaIlty or
prejudice"
After which the president shall administer to the
judge advocate, or person othciatlng as sucn tne
following oath or affirmation
"You do swear (or affirm } truly to record the
proceeding Of this court and the evidence to be
given in che case in hearing"
Sec. 2. And be it further enacted, That the pro-
ceeds of all ships and vessels, and goods taken on
board of them, which shall be ~adjudged good prize,
shall when of equal or superior force to the vessel
or vesaels making the capture, be the sole property
of the captOrs; and when of inferior force, shall be
divided equally between the United States and the
officers and men making the capture. r
Sec. 3. And be it further enacted, That the prize
money belonging to the officers and men shall be
distributed in the following manner:
First. To the commanding Officer Of a feet or
squadron, one twentieth part of all prize money
awarded to a vessel or vessels under his immediate
command.
Second. To the commander of a single ship, one
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 immediate COM
mand Of the commanding officer Of d feet or squad
ron, and three twentieths If his ship was acting IN
dependently Of such superior :ficer-
Third. The share of the eOmmlnging OHicer OF
the feet or squadron iF any and the share Of the
commander of the ship being deducted, the residue
shall be distributed and apportioned among all
others doing duty on board, and borne UpOu the
books according TO their respectivs rates Of pay IN
the service,
Fourth. When one or more vessels Of the navy
shall be within signal distance Of another making
a prize, all shall share in the prize, and money
awarded shall be spportiOned amOung the officers
and men or the several vessels according 70 the
rates Of pay Of all on board who are borne upon the
books. after deducting one twentieth to the flag
officer, if there be any such entitled 70 share,