Page:United States Statutes at Large Volume 44 Part 1.djvu/253

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

$$9 1;:2*1.E im-is which shall be authenticated by me sigumure oi the pref (him and the recorder thereof, and be forwarded to the cu Wiiizzzx a.uthm·ity. In case the recerd can net be autherxticnta aw me z·e<·0rder, by reason at his death., disabiliky, or zbseuc iQ Small be signed by the president and by one other memlu uf me court. (June 4, 1920, c. 227, subchapter II, § 1, 41 Ste bu?.} I V'. MIS€ELLANEOUS PROCEEDINGS %576. Disciplinarjr powers of ceunnanding oiicers (attic 104).-·l7ndei· such regulaticrgse as the Pl`£*S;d€l1tvII§l$] preseril my wnmuwding officer of any detach;1ent,’compan_y, or high wmxxxallhd muy, fer minor offe11ses;imp0se‘d1se;iplmary_pu»ig mvms upon persms ei his command witghnug the iuterveuth of H court-nuartiai unless the accused d.e1nan¤d.s·tria.1. by com m:2;‘Iia1L , , I · n ‘ ` . ·

  • 119 di,scip1i1uu·y· punishments authorized by this article m
m·2¤;_{1o*hdmeuition, repriruand, withhekling ot privilegeg {

nm; exceeding one week;_ext.ra fatighe iq: nlbt, exceeding ez week, restriction to certain specitied limits for not eiceedh mw week, and bard labor without for not excee mg one week, bait. shall. not-include,tm1eiture of [pay or cu

im·n¤want uindeegdard; except that in time of wer er grae

public. emergency a commanding oméer _0t the grade '0t_brig divr ;:euerz¤1‘0r of higher 'xhay, uiider the provisions mis artiéle also impose; upon aini0¤cer of his command. belc mu gmde qt major a torteitinre oi not more than bi1e—h¤ of such omvefs mmithly payfcr one month. A person punisl; xandvr mithortty of,t.11is’article, who deems? his punishment u jim cgi- diéproportionate to the oEcuse,_may, through the prop , 6n:m¤el,° appeal to the ucxL·superi0r·a1ithoerify, but may ip t memuinue be required to xindergo the punmhment adjudge TUV.(‘0lLlIlUlB1u.!1g-»GQ¢€f"WuGwTDT§bBéS the punishment, his qt ¤·4·s>;on·_ in command, and superior authority shall have pewer. mixigutc or remityauy unexecuted portion of the puntshmm

'l`hc_ imposition and eqtorcement of disciplinary jmnishme

uuqer authority of this article for any act or omission shalliem mi an b;1r_t0·trial by court-martial for .a. crime, or menu gra · 4 ing out ot the mime act or omission; but the fact that a`d 4·i;»lin:nry punishment hue-been enforced may be shown by ·t m·`·gxs4·¢I_ upon trial, (and when so shown Shall be considered _ ek·s¤·ru¤ming the measure bi punishment tb-be adjudged- in t (‘\'i}l1t’(}f h'f\n<;liug et guilty. · ('Jnmé`4, 1920,.c..22‘Z, subchapi H, § 1,*41‘Stat. 8%.) ‘· . __ ‘ - . 1577. Injuries Le pmperty; redress of (article _165).g—-#—Wh< ever complaint is- made te any commanding cmcer that dame rims men done to the property of an; pe1•é0n er that his pu my mm ·b•~·eu wrongfully taken. by persons subject toe milita ._ _|:zw.` xuch cmppmint shall bé_ iuveétigated by A board cmmieti uf amy number oi oméerefrcm 0ue't0_three,. which board sh; up e·m¤.yeuéd by the commending owner and mhall have, for t purpose of smh Lnveetigaticu, power to summon witnesses; ¤·x:nuziue·them upon mib br ahirmation, te receivwdepositic or other dqcumeut1iry·evidence, end be the klemdzes S1 mined against the responsible pmties. The assessxnent of da NSPS made by meh board shall be eubjeciqte the approval nf it mummmling omcer; and in the ,•l.m0unt‘eppreved by him sh ·. T•est,opped.aggi¤st the pay of the ommders. Auathe Gré Hf Mach commanding odicm directing stappages herein auth ized shall be conclusive en. may disbuxjsiug cmicer for the pa mem by him to injured pertieiyef the Hi6Qi$iS€¤ 80 ¤rder· 4 Where the 0Eeuders can no; be but fha mrga zntinn pk detachment to which they belong Ls ·ku0w¤,*st¤pf¤I mdhe amqmnt of damages} xumcmea may he mlsde and in sugzh proportion as may be &emed just ixpon the individt members thereof whp are shown to have been present wi meh` orgxiuization or deracéhmeut at the time the damn;

10.-——~AR1lY § 1584, si- complained ct were inflicted as determined by the epp1·<>\*ed n- timliugs of the board. (June 4, 1929, c. 2:27, ssbelxnpter 11, ad § 1,41 Stat. 808.) ¢ _ ze, 1578. Arrest of deserters by civil edicinls (article l06).~»—»lt er shall be lawful for any civil 0@cer,lmving authority under lt, the laws of the United States, or of any State, Territory, Dist1'lCt,·0l` possession of the United States, to arrest edenders, summarily to arrest a deserter from the military service of the United. States end deliver him into the custody of the

le‘ military authorities of the United States. (June 4, 1920, c.

re, 227, subchapter II, § 1, 41 Stat. 808.) · er 1579. Soldiers to make good time lost (article 107).·———Every at- soldier who ln an existing or subseé;uent enlistment deserts un the service of the,.United States or- without; proper authority ct? abse11ts·himself from his organization, station,. or dutylfor more ~ than one day, or who is contined for more than one day under ay sentence, or while. awaiting trial and disposition of his case, mg if the.tri&1l results in conviction, or through the intemperate nk use of drugs or alcoholic liquor, or through disease or injury ug the result of his own misconduct, renders himself unable for K)- more than one day to perform duty, shall be liable to serve, m. after his return tc a full·dnty status, for such period as shell, we with the time he may have served prior tc such desertion, Q- unauthorized absence, confinement, or,_ insqbility to perform gf duty, amount to the full term ‘of-that part of his enlistment vw period which he is required to serve with his organimtion hcug fore being fnrloughed to the Army reserve. (June 4, 1% c. Ed 227, subchapter II, § 1, 41 Stat. 809.) - ‘ ‘ _ . m- 1580. Soldiers`; sepgrstien {rob the scrvicctarticle 1|S).>—- ,,,1- No enlisted man, lawfully lnducted into the military service hp of the UnitedStates, shall he discharged, freml Qld service ld; without .a certitlcate of discharge, signed by a ¤eltl‘o¤‘icer ot; wg e regiment orcther crgsnimtion to which the enlisted msn to belongs or by the commanding otgcer when no such Reid chtm cer is present'; end no enlisted man shall gbe discharged from mt said service Before his term ot__servlcc_ hnsexpired, except mg by order. of the President, the Secretary- of War, the com- W. manding officer of a department, or `by sentence ct a gene is.: eral c0urt·martial. (J¤ne 4,` 1920, c. _Q7,` subchapter II, § he 1, 41 Stat. [ w ’ ‘ I ‘ - in _ 1581. Oath of enlistment (article 1‘89).———At the time of his he enlistment ever soldier shall take the followmgeath or_ni5rn·xn— my tion: 1*fI, —···-;---——--·——, do solemnly swear (or amrm) that I will bear trwe faith and allegiance to the United States of America; m_ that .I_will.serve them honestly and faithfully against all their Lge enemies whomsoever; end thht I will obey the orders of the

 President of the United Staten and the erwlers of the odlcers

my appointed over me., according to the Rules and Articles of War? pg This oath or atllrmntion 'nmny he taken before nny »cn‘lcer. au (June 4, 1920, c. 221, subclrnpterll, { 1,41 Stat. @9,) ·- he 1582. Certain articm to belread pnné cxplnincd (article my 1I0).·-—-—·Articles'I, 2, and 29, 53 to 96, inclusive, and 104 to 1%, ,,18- incluslre, shall be reed end explained to every soldier at us- the time of his enlistxnent- or `znnster in, or within six days m., thereafter, and shell be rend and explained once yevery six [hc nlonths to the soldiers `of everir garrison; regiment, or com~ my pany in the serrice of the. United States. (June-4, .1920 c. [ey 2‘..’7,.subchnpter II,_§ 1, 41 Stat. 809.) 1 _ ` gg- 1583. Copy of record of trial (article 111).———Ewjer3 person gy, tried by_n’general e0urt·xnartinl·shell. on demand therefor, Bg1_ made by er by any person in his behalf, he entitled ni- c to a copy of t‘he`rec0rd of the trinl. A (Jnn .4,1920, o. 227, sub-

ég_ chapter Il, § 1, 41 Stat. 809.) ‘ . _ _ _

led 1584. Elects [of deceased persons; disposition of (article ml 1l2).+··~In case of the death of nny person snhject to military ith law` the commanding officer of the place `of cornmand will gee. permit the legal representative- or widow of ¢tl1e,deccased, if