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time of peace.
Officer absent without leave
Seventeenth. Or refuses, or fails to use, bis utmost exer
Refusing to aptions to detect, apprehend, and bring to punishment alleredendotlend. offenders, or to aid all persons appointed for that purpose;
Eighteenth. Or, when rated or acting as master-at-arms, Refusing to rerefuses to receive such prisoners as may be committed to ceive prisoners, his charge, or, having received them, suffers them to escape, or dismisses them without orders from the proper authority; Nineteenth. Or is absent from his station or duty with
duty without out leave, or after his leave has expired;
leave. Twentieth. Or violates or refuses obedience to any law. Violating gen. ful general order or regulation issued by the Secretary of regulations the Navy;
Twenty-first. Or, in time of peace, deserts or attempts to Desertion in desert, or aids and entices others to desert;
Twenty-second. Or receives or entertains any deserter Harboring dofro..d any other vessel of the Navy, kuowing him to be such, Apr. 23, 1800, v. and does not, with all convenient speed, give notice of such p. 47; July 17,
1862, v. 12, p. 602. deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron.
ART. 9. Any officer who absents himself from his command without leave, may, by the sentence of a court may be redneed.
Mar 16, 1864, s. martial, be reduced to the rating of an ordinary seaman.
2, v. 13, p. 75. ART. 10. Any commissioned officer of the Navy or Marine Desertion by Corps who, having tendered his resignation, quits his post Aug. 5, 1861, s. or proper duties without leave, and with intent to remain 2, v. 12, p. 316. permanently absent therefrom, prior to due notice of the Ses Dismisacceptance of such resignation, shall be deemed and pun- tion, Division 1. ished as a deserter.
ART. 11. No person in the naval service shall procure Dealing in sup. stores or other articles or supplies for, and dispose thereof plics on private to, the officers or enlisted men on vessels of the Navy, or
1, v. 5, p. 535. at navy-yards or naval stations, for his own account or benefit.
ART. 12. No person connected with the Navy shall, under Importing duany pretense, import in a public vessel any article which is public vessels. liable to the payment of duty.
July 30, 1846, s.
10, v. 9, p. 44. ART. 13. Distilled spirits shall be admitted on board of Distilled spirits vessels of war only upon the order and under the coutrol only as medical of the medical officers of such vessels, and to be used only, July 14, 1862, s. for medical purposes.
4, v. 12, p. 565. ART. 14. Fine and imprisonment, or such other punish. Certain crimes ment as a court martial inay adjudge, shall be inflicted upon the United any person in the naval service of the United States,
See note 2, p. 9. Who presents or causes to be presented to any person in
Presenting the civil, military, or naval service thereof, for approval or payment, any claiin against the United States or any officer thereof, knowing such claim to be false or fraudulent; or
Who enters into any agreement or conspiracy to defraud Agreement to the United States by obtaining, or aiding others to obtain, of false claims. the allowance or payment of any false or fraudulent claim;
Who, for the purpose of obtaining, or aiding others to False papers. obtain, the approval, allowance, or payment of any claim
Aug. 26, 1842, s.
against the United States or against any oflicer thereof, makes or uses, or procures or advises the making or use of, any writing, or other paper, kuowing the same to contain
any false or fraudulent statement; or Perjury. Who, for the purpose of obtaining, or aiding others to
obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the making of, any oath to any fact or to any writing or other paper, knowing such oath to be
false; or Forgery. Who, for the purpose of obtaining, or aiding others to
obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or couuterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signa
ture, knowing the same to be forged or counterfeited; or Delirering less Who, having charge, possession, custody, or control of property than receipt calls for. any money or other property of the United States, furnished
or intended for the naval service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than
that for which he receives a certificate or receipt; or Giving receipts Who, being authorized to make or deliver any paper without know. ing truth of. certifying the receipt of any money or other property of
the United States, furnished or intended for the naval service thereof, makes, or delivers to any person, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud
the United States; or Stealing, Who steals, embezzles, knowingly and willfully misapwrongfully sell. ing, etc. propriates, applies to his own use or benefit, or wrongfully
and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of the United States, furnished
or intended for the military or naval service thereof; or Buying public Who knowingly purchases, or receives in pledge for any military prop.
obligation or indebtedness, from any other person who is Mar. 2, 1863, s. a part of or employed in said service, any ordnance, arms, 1, v. 12, p. 696.
equipments, ammunition, clothing, subsistence stores, or other property of the United States, such other person not
having lawful right to sell or pledge the same; or July 17, 1862,
Who executes, attempts, or countenances any other fraud art. 7, v. 12, p. 602. against the United States.
And if any person, being guilty of any of the offenses after discharge described in this article while in the naval service, receives
his discharge, or is dismissed from the service, he shall 2, v. 12, p. 697. continue to be liable to be arrested and held for trial and
sentence by a court-martial, in the same manner and to the same extent as if he had not received such discharge lor
been dismissed. List of persons
ART. 15. The commanding officer of every vessel in the claiming prize.
Navy entitled to or claiming an award of prize money shall, JA 17,1862, s. as soon as it may be practicable after the capture, transmit Ste sec. 4615, to the Navy Department a complete list of the officers and
ar rest and trial
Mar. 2, 1863, s.
persons taken on
Juus 17, 1862, s.
tives from sers.
men of his vessel entitled to share, stating therein the quality of each person rating; and every commanding officer who offends against this article shall be punished as a court-martial may direct.
ART. 16. No person in the Navy shall take out of a prize, Removingpropor vessel seized as a prize, any money, plate, goods, or any July 17. 1862, 8. part of her equipment, unless it be for the better preserva-7. v. 12, p. 607. tion thereof, or unless such articles are absolutely needed for the use of any of the vessels or armed forces of the United States, before the same are adjudged lawful prize by a competent court; but the whole, without fraud, concealment, or embezzlement, shall be brought in, in order that judgment may be passed thereon; and every person who offends against this article shall be punished as a courtmartial inay direct.
ART. 17. If any person in the Navy strips off the clothes Maltreating of, or pillages, or in any manner maltreats, any person taken a prize. on board a prize, he shall suffer such punishment as a court
8. v. 12, p. 607. martial may adjudge.
ART. 18. If any officer or person in the naval service Returning sugi employs any of the forces under his command for the pur-ice. pose of returning any fugitive from service or labor, le, Mar. 13, 1862, s.
1, 1.12, p. 351. shall be dismissed from the service.
ART. 19. Any ofticer who knowingly enlists into the naval Enlisting de service any deserter from the naval or military service of the United States, or any insane or intoxicated person, or any minor between the ages of fourteen and eighteen years, May 12, 1879, v. 21, without the consent of his parents or guardian, or any minor P. Še under the age of fourteen years, shall be punished as a courtmartial may direct.
ART. 20. Every commandling officer of a vessel in the Navy shall obey the following rules:
First. Whenever a man enters on board, the command. Men received ing officer shall cause au accurate entry to be made in the ship's books, showing his name, the date, place, and term of his enlistment, the place or vessel from which he was received on board, his rating, his descriptive list, his age, place of birth, and citizenship, with such remarks as may be necessary Second. He shall, before sailing, transmit to the Secre List of otheers,
men, and passen: tary of the Navy a complete list of the rated men under his command, showing the particulars set forth in rule one, and a list of officers and passengers, showing the date of their entering. And he shall cause similar lists to be made out on the first day of every third month and transmitted to the Secretary of the Navy as opportunities occur, accounting therein for any casualty which may have happened since the last list.
Third. He shall cause to be accurately minuted on the ship’s books the names of any persons dying or deserting; and the times at which such death or desertion occurs.
Fourth. In case of the death of any officer, man, or pas Property of de senger on said vessel, he shall take care that the paymaster
. serters, minors, etc.
Mar. 3. 1865, s. 18. v. 13, p. 490;
See note 4.
Deaths and de sertious,
Note 4.-Secs. 1418, 1419, and 1420, Revised Statutes, have been amended forbidding the enlistment of minors under fourteen instead of tifteen years of age.
Accounts of me received.
Accounts of men seut from the ship.
secures all the property of the deceased, for the benefit of his legal representatives.
Fifth. He shall not receive on board any man transferred from any other vessel or station to him, unless such man is furnished with an account, signed by the captain and paymaster of the vessel or station from which he came, specifying the date of his entry on said vessel or at said station, the period and term of his service, the sums paid him, the balance due him, the quality in which he was rated, and his descriptive list.
Sixth. He shall, whenever officers or men are sent from his ship, for whatever cause, take care that each man is furnished with a complete statement of his account, specifying the date of his enlistment, the period and term of his service, and his descriptive list. Said account shall be
signed by the commanding officer and paymaster, Inspection of Seventh. He shall cause frequent inspections to be made provisions.
into the condition of the provisions on his ship, and use
every precaution for their preservation, Healthof crew.
Eighth. He shall frequently consult with the surgeon in regard to the sanitary condition of his crew, and shall use all proper means to preserve their health. And he shall cause a convenient place to be set apart for sick or disabled men, to which he shall have them remored, with their hammocks and bedding, when the surgeon so advises, and shall direct that some of the crew attend them and keep
the place clean. Attendance at Ninth. He sball attend in person, or appoint a proper final payment of
officer to attend, when his crew is finally paid off, to see that justice is done to the men and to the United States in the settlement of the accounts.
Tenth. He shall cause the articles for the government of hung
the Navy to be hung up in some public part of the ship
and read once a month to his ship's company. offending against
Every commanding officer who offends against the prothis article. visions of this article shall be punished as a court-martial
July 17, 1862, s. 16, v. 12, p. 609. may direct. Authority of ART. 21. When the crew of any vessel of the United
States are separated from their vessel by means of her July 17. 1862, s. wreck, loss, or destruction, all the command and authority 14, v. 12, p. 609.
given to the officers of such vessel shall remain in full force until such ship's company shall be regularly discharged from or ordered again into service, or until a court-martial or court of inquiry shall be held to inquire into the loss of said vessel. And if any officer or man, after such wreck, loss, or destruction, acts contrary to the discipline of the Navy, he shall be punished as a court-martial may direct.
ART. 22. All offenses committed by persons belonging to rified
the Navy which are not specified in the foregoing article shall be punished as a court-martial may direct.
Articles to be
officers after loss of vessel.
See note 5.
See art. 22.
Note 5.--On board a United States ressel of war on the Thames River, under way, opposite New London, a fatal assault was committed upon a member of the crew by another. Held, that a naval court-martial could, under article 22, section 1624, Revised Statutes, take jurisdiction of the offense as manslaughter. The State authorities could have tried the case, but it would not have ousted the court-martial of jurisdiction over the same offense so far as it attected the order and discipline of the ship. (Op., XVI, 578, published in General Order Navy Department 259, Janus ary 25, 1881.)
committed on shore.
1, v. 12, p. 602, arts. 8 and 9.
ART. 23. All offenses committed by persons belonging Offenses to the Navy while on shore shall be punished in the same July 17, 1862, s. manner as if they had been committed at sea.
ART. 24. No commander of a vessel shall inflict upon a Punishment by commissioned or warrant officer any other punishment than private reprimand, suspension from duty, arrest, or contine July 17. 1862, s.
1, , p. ment, and such suspension, arrest, or confinement shall not 10. continue longer than ten days, unless a further period is necessary to bring the offender to trial by a court-martial; nor shall he inflict, or cause to be inflicted, upon any petty officer, or person of inferior rating, or marine, for a single offense, or at any one time, any other than one of the following punishments, namely:
First. Reduction of any rating established by himself.
Second. Confinement, with or without irons, single or double, not exceeding ten days, unless further confinement be necessary, in the case of a prisoner to be tried by courtmartial.
Third. Solitary confinement, on bread and water, not exceeding five days.
Fourth. Solitary confinement not exceeding seven days.
No other punishment shall be permitted on board of vessels belonging to the Navy, except by sentence of a general or summary court-martial. All punishments inflicted by the commander, or by his order, except reprimands, shall be fully entered upon the ship's Jog.
ART. 25. No officer who may command by accident, or Punishment by in the absence of the commanding officer, except when rily commanding such commanding officer is absent for a time by leave, shall, Apr. 23,1800, $. inflict any other punishment than confinement.
ART. 26. Summary courts-martial may be ordered upon petty officers and persons of inferior ratings, by the commander of any vessel, or by the commandant of any navy. yard, naval station, or marine barracks to which they t, 1: 10. P.-627; belong, for the trial of offenses which such officer may deem 14, 1. 16, p. 334. deserving of greater punishment than such commander or commandant is authorized to intlict, but not sufficient to require trial by a general court-martial.
ART. 27. A summary court-martial shall consist of three officers not below the rank of ensign, as members, and of martial. a recorder. The commander of a ship may order any officer under his command to act as such recorder,
ART. 28. Before proceeding to trial the members of a summary court-martial shall take the following oath or attirmation, which shall be administered by the recorder: “I, A B, do swear (or affirm) that I will well and truly try, Mar. 2. 1855, s. without prejudice or partiality, the case now depending, 5, p. 628. according to the evidence which shall be adduced, the laws for the government of the Navy, and my own conscience.” After which the recorder of the court shall take the follow. ing oath or affirmation, which shall be administered by the senior member of the court: “I, A B, do swear (or affirm) that I will keep a true record of the evidence which shall be given before this court and of the proceedings thereof."
, v. 2, 30.
Mar. 2. 1855, s.
Constitution of summary courts.
Mar. 2, 1855. ss. 5, 6, v. 10, p. 628.
Oath of mem. bers and record. er.