Page:United States Statutes at Large Volume 18 Part 1.djvu/312

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240 Trrms x1v.—THE ARMY.—C11. 5. t No pemonetrgleéi Am-. 102. No person shall be tried u. second time for the same offense WICS OTS3m , . Art. of war 87. Limitation of Am'. 103. No person shall be liable to be tried and punished byu

  • 9**** 9* P’°¤°°“‘ general court-martial for any offense which appears to have been com-

Em..- - mitted more than two years before the issuing of the order for such trial, Art- of WM 8** unless, by reason of having absented himself, 0I' of S01I1B other manifest impedfment, he shall not have been amenable to justice within that emo . Approval of sen- P Ama 10-1. No sentence of a court-martial shall be carried into execu- @1196 by 0**16*1* 0* tion until the whole proceedings shall have been approved by the officer d°""g °€’f_ _ ordering the court, or by the officer commanding for the time being. Art. of war 65. Confirmation of Am. 105. No sentence of a court-martial, inflicting the punishment of 9**9 S°j°j‘j€;__ death, shall be carried into execution until it shall have been confirmed Art. of war 65. by the President; except in the cases of persons convicted, in time of 17 July, 1862. ¢· war, as spies, mutineers, deserters, or murderers, and in the cases of 2°1·S·5~"·12»1’·598· guerilla marauders, convicted, in time of war. of robbery, burgln 3Mar.,1863,c.75, . . . _ . . 3* S· "» “ 12, *a.’“· iJ€.Z“.1.£f*L°a.’€ZE§‘1°2”L$}§. `“§$3°1E°¤TIIl’.`"§£P.é3E·$i ZQSZE li‘IJ“£Z'E.£Z. .5 2 Julv, 18 , c. 0 '; . 215.¤·1,i‘-13,11-356- death may be carried into execution upon confirmation by the commanding gggeral in the field, or the commander of the department. as the case ma . _Coniirmation of Ayer. 106. In time of peace no sentence of a court-inartial, directin

  • 11***]*1*1****]** m ****1** the dismissal of an officer, shall be carried into execution. until it shall
 have been confirmed by the President. [See S 1*29-1

AW 9* "`“’ 6°·_ Am. 107. No sentence of a court-martial appointed by the commander __P*S*“**"=’**l PY d1' of a division or of a separate brigade of troops, directing the dismissal of

 °' b"g°d° an officer, shall be carried into execution until it shall have been con-

->- firmed by the general commanding the army in the field to which the V 2g)°"·Q3?)6l1°·3* division or brigade belongs. 'Gehggal of3E0e,.,, ART. 108. N o sentence of a court-martial, either in time of peace or in sentences respect- time of war, respecting a general officer, shall be carried into execution, Ea until it shall have been confirmed by the President. értrijof wir 65i) 13R2f. 109. All sentgneels of é court-énartial tlpay be confirmeglh and car- ¤ ¤¤¤ 10*} Y rie into execution the officer or ering the court, or b e officer géigz" °"d"‘“g commanding for the time being, where confirmation by thd, President, im. or by the commandtigg gensral in tlae field, or commander of the depart- ° WU - ment, is not requir b these artic es. _ ART. 110. No sentenge of a field-officer, detailed to try soldiers of his Ecgyjiftgigsgfgegf regiment, shall be carried into execution, until the whole_proceedings mmm_ shall have been approved by the brigade commander, or, in case there

 be no brigade commander, by the commanding officer_of the post:

201,s_7,v_i2,p_g98; ART. 111. Any officer who has authority to carry into execution the Suspension 0, sentence of death, or of dismissal of an officer, may suspend the same ggnfpncgg (,5 death until the pleasure of the President shall be known; and, in such case, he or dismissal. shall immedmtely transmit to the President a copy of the order of sus- `i1{,]j,,,,,, 8g_ pension, together with a copy of the proceedings of the court. pardon and mi,- ART. 112. Every officer who is authorized to order a general court·ma1'- ization of sen- tial shall have power to pardon or mitigate any punishment adjud%d by

  • ¢¤¤€¤· it, except the punishment of death or of dismissal of an officer. very

Art, of wm gg_ officer commanding a regiment or garrison in which a regimental or_gar- 2617 Jupy, 1%%% c. rison courtrmartia may be held, s all have power to pardon or mitigate 598: °· · "· » P- any punishment which such court may ad]u ge. _ Prwwdiufs fOr_ ART. 113. Every illlbdfé-8:(lVOC9.l)O, or person acting as such, at any genwm-dod to usgs- eral court-martial, s 1 , with as much expedition as the o portumty of Advocate-General. time and distance of place may admit, forward the original roceedmgs Alt `gpwar 90 and sentence of such court to the J udge-Advocate-General of) the Army, ,7 ju, , 1862,·c_ in whose office they shall be carefully preserved. 201, n. d; 0, v. 12, p. 598. 28 July, 1866, c. 299, s. 12, v. 14, p. 334. 3 Mar., 1877, c. 102, v. 19, p. 310.