Page:United States Statutes at Large Volume 18 Part 1.djvu/355

Tru.}-: xv.—THE NAVY.—Ch. 10. 283 Am'. 39. A general court-martial shall consist of not more than thir— C0¤¤¢i*¤¥i0¤ ofteen nor less t an five commissioned officers as members; and as many ;d_m_ M_ officers, not exceeding thirteen, as can be convened without injury to +-——T—— the service, shall be summoned on every such court. But in no case, 3g:'°§§}“'th°”’ where it can be avoided without injury to the service, shall more than Dykes,-Q Hoover, one-half, exclusive of the president, be junior to the officer to be tried. 20 How., 81, 84. The senior officer shall always preside and the others shall take place according to their rank. Am. 40. The Igesident of the general court-martial shall administer Oaths of memthe following oat or affirmation to the judge-advocate or person officiat- l’°’¤ md J“d8°·'*d‘ ing as such: Eti°;I___. "l, A B, do swear (or affirm) that I will keep a true record of the evi- Id-, art 12- dence given to and the proceedings of this court; that I will not divulge or by any means disclose the sentence of the court until it shall have been approve by the proper authority; and that I will not at any time divulge or disclose the vote or opinion of anyparticular member of the court, unless required so to do before a court of justice in due course of law." This oath or atiirmation being duly administered, each member of the court, before proceeding to trial, shall take the following oath or aflirmation, which shall be administered by the judge-advocate or person officiating as such: "1, A B, do swear (or affirm) that I will truly try without prejudice or rtiality, the case now depending, according to the evidence which shallacome before the court, the rules for the government of the Navy, and m own conscience; that I will not by any means divulge or disclose the sentence of the court until it shall have been approved by the proper authority; and that I will not at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of `ustice in due course of law." _ Anr. 41. An oath or allirmation in the following form, shall be ad- 0**}* °* ‘“*"‘*'· ministered to all witnesses, before any court-martial, by the president Id., art. 14. thereof: "You do solemnly swear (or aiiirm) that the evidence you shall give in the case now before this court shall be the truth, the whole truth, and nothing but the truth, and that you will state everything within your knowledge in relation to the char s. So help you God; (or ‘this you do under the pains and penalties o§`perjury.’)” ART. 42. Whenever any person refuses to give his evidence or to give Contempts of it in the manner provided by these articles, or prevaricates, or behaves S’l"`t‘ with contempt to the court, it shall be lawful for the court to imprison Id., art. 13. him for any time not exceedin two months. ART. 43. The person accused shall be furnished with a true copy of __qh§f8°°; ___ the charges, with the specifications, at the time he is put under arrest; Id,, m, 15, and no other charges than those so furnished shall be urged against him at the trial, unless it shall ap ear to the court that intelligence of such other charge had not reached the officer ordering the court when the accused was put under arrest, or that some witness material to the su - port of such charge was at that time absent and can be produced at the trial; in which case reasonable time shall be given ‘to the accused to make his defense against such new charge. Am. 44. Every officer who is arrested for trial shall deliver up his Duty of officer sword to his commanding officer and confine himself to the limits as- “f'°°**’d· signed him, on pain of dismissal from the service. Id., an. 15. Ama 45. When the proceedings of any general court-martial have Suspension of commenced, they shall not be suspended or delayed on account of the p¤>¤¤¤di¤s¤- absence of any of the members, provided five or more are assembled;1d_, M_ 16Q"— but the court is enjoined to sit from day to day. Sundays excepted, until sentence is given, unless temporarily adjourned by the authority which convened it. Am. 46. No member of a general court-martial shall, after the pro- Absenceeimemceedings are be n, absent himself therefrom, except in case of sick- bm- __ __ ness, or of an ordelr to go ou duty from a superior officer, on pain of being — Id,, lm, is, cas iere .