Refusing to ap prehend offend ers. Seventeenth. Or refuses, or fails to use, his utmost exertions to detect, apprehend, and bring to punishment all 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 without leave, or after his leave has expired; Twentieth. Or violates or refuses obedience to any lawful general order or regulation issued by the Secretary of the Navy; Twenty-first. Or, in time of peace, deserts or attempts to desert, or aids and entices others to desert; Twenty-second. Or receives or entertains any deserter fro any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron. Absence from duty without leave. Violating general orders regulations. or Desertion in time of peace. serters. 2 Harboring deApr. 23, 1800, v. p. 47; July 17, 1862, v. 12. p. 602. Officer absent without leave May 16, 1864, 8. 2, v. 13, p. 75. resignation. ART. 9. Any officer who absents himself from his command without leave, may, by the sentence of a court- may be reduced. martial, be reduced to the rating of an ordinary seaman. ART. 10. Any commissioned officer of the Navy or Marine Corps who, having tendered his resignation, quits his post or proper duties without leave, and with intent to remain 2. permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and pun- tion, Division 1. ished as a deserter. Desertion by sal: also, Deser account. plies on private Aug. 26, 1842, s. ART. 11. No person in the naval service shall procure Dealing in supstores or other articles or supplies for, and dispose thereof to, the officers or enlisted men on vessels of the Navy, or, at navy-yards or naval stations, for his own account or benefit. ART. 12. No person connected with the Navy shall, under any pretense, import in a public vessel any article which is liable to the payment of duty. ART. 13. Distilled spirits shall be admitted on board of vessels of war only upon the order and under the control of the medical officers of such vessels, and to be used only for medical purposes. ART. 14. Fine and imprisonment, or such other punishment as a court-martial may adjudge, shall be inflicted upon any person in the naval service of the United States 1, v. 5, p. 535. Importing dupublic vessels. tiable goods in July 30, 1846, s. 10, v. 9, p. 44. Distilled spirits only as medical July 14, 1862, s. 4, v. 12, p. 565. stores. Certain crimes the United of fraud against States. See note 2, p. 9. Presenting false claims. Who presents or causes to be presented to any person in the civil, military, or naval service thereof, for approval or payment, any claim 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, the allowance or payment of any false or fraudulent claim; or obtain payment of false claims. Who, for the purpose of obtaining, or aiding others to False papers. obtain, the approval, allowance, or payment of any claim Perjury. Forgery. Delivering less property than receipt calls for. Giving receipts without knowing truth of. Stealing, wrongfully sell. ing, etc. against the United States or against any officer thereof, makes or uses, or procures or advises the making or use of, any writing, or other paper, knowing the same to contain any false or fraudulent statement; or 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 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 counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signature, knowing the same to be forged or counterfeited; or Who, having charge, possession, custody, or control of 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 Who, being authorized to make or deliver any paper 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 Who steals, embezzles, knowingly and willfully misappropriates, 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 Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any other person who is Mar. 2, 1863, s. a part of or employed in said service, any ordnance, arms, 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 Buying public military property. 1, v. 12, p. 696. Other frauds. July 17, 1862, Who executes, attempts, or countenances any other fraud art. 7. v. 12, p. 602. against the United States. rest and trial and dismissal. Mar. 2, 1863, s. 2, v. 12, p. 697. Liable to ar- 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 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 nor been dismissed. List of persons money. ART. 15. The commanding officer of every vessel in the claiming prize- Navy entitled to or claiming an award of prize money shall, 5, v. 12, p. 607. as soon as it may be practicable after the capture, transmit See sec. 4615, to the Navy Department a complete list of the officers and July 17, 1862, s. Prize. 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. Removing property from a prize. ART. 16. No person in the Navy shall take out of a prize, or vessel seized as a prize, any money, plate, goods, or any part of her equipment, unless it be for the better preserva- 7, 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 may direct. July 17, 1862, 8. v. 12, p. 607. persons taken on 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 courtmartial may adjudge. July 17, 1862, s. 8, v. 12, p. 607. tives from serv ART. 18. If any officer or person in the naval service Returning fugi employs any of the forces under his command for the pur- ice. pose of returning any fugitive from service or labor, he, Mar. 13, 1862, s. shall be dismissed from the service. 1, v. 12, p. 35. .serters, minors, Mar. 3. 1865, s. ART. 19. Any officer who knowingly enlists into the naval Enlisting de service any deserter from the naval or military service of etc. the United States, or any insane or intoxicated person, or 18, v. 13, p. 490; 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. 3. under the age of fourteen years, shall be punished as a courtmartial may direct. ART. 20. Every commanding officer of a vessel in the Navy shall obey the following rules: See note 4. on board. received First. Whenever a man enters on board, the command- Men ing officer shall cause an 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 officers, 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. men, and passengers. sertions. Third. He shall cause to be accurately minuted on the Deaths and deship'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 desenger on said vessel, he shall take care that the paymaster Note 4.-Secs. 1418, 1419, and 1420, Revised Statutes, have been amended forbidding the enlistment of minors under fourteen instead of fifteen years of age. ceased persons. Accounts men received. Accounts of of men sent from the ship. Inspection of provisions. Health of crew. Attendance at final payment of crew. Articles to be hung up and read. Punishment for offending against this article. 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. Seventh. He shall cause frequent inspections to be made into the condition of the provisions on his ship, and use every precaution for their preservation. 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 removed, 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. Ninth. He shall attend in person, or appoint a proper 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 the Navy to be hung up in some public part of the ship and read once a month to his ship's company. Every commanding officer who offends against the provisions of this article shall be punished as a court-martial 16, v. 12, p. 609. may direct. July 17, 1862, s. Authority of officers after loss 14, v. 12, p. 609. ART. 21. When the crew of any vessel of the United of vessel. States are separated from their vessel by means of her July 17, 1862, 8. wreck, loss, or destruction, all the command and authority 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. Offenses not specified. See note 5. See art. 22. ART. 22. All offenses committed by persons belonging to the Navy which are not specified in the foregoing article shall be punished as a court-martial may direct. Note 5.-On board a United States vessel 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 affected the order and discipline of the ship. (Op., XVI. 578, published in General Order Navy Department 259, Janu ary 25, 1881.) ART. 23. All offenses committed by persons belonging to the Navy while on shore shall be punished in the same manner as if they had been committed at sea. com Offenses mitted on shore. 1, v. 12, p. 602, arts. 8 and 9. Punishment by order of commander. 1, v. 12, p. 603, art. ART. 24. No commander of a vessel shall inflict upon a commissioned or warrant officer any other punishment than private reprimand, suspension from duty, arrest, or contine- July 17. 1862, s. ment, and such suspension, arrest, or confinement shall not io. 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. Sixth. Extra duties. 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 log. Punishment by officers tempora ART. 25. No officer who may command by accident, or in the absence of the commanding officer, except when rily commanding. such commanding officer is absent for a time by leave, shall inflict any other punishment than confinement. Apr. 23, 1800, s. 1, v. 2, p. 49, art. 30. Summary ART. 26. Summary courts-martial may be ordered upon courts-martial. petty officers and persons of inferior ratings, by the commander of any vessel, or by the commandant of any navy- Mar. 2, 1855, s. yard, naval station, or marine barracks to which they 4. v. 10, p. 627; July 15, 1870. s. belong, for the trial of offenses which such officer may deem 14, v. 16, p. 334. deserving of greater punishment than such commander or commandant is authorized to inflict, but not sufficient to require trial by a general court-martial. summary courts. ART. 27. A summary court-martial shall consist of three Constitution of 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. Mar. 2, 1855, ss. 5, 6, v. 10, p. 628. Oath of members and record er. Mar. 2. 1855, s. ART. 28. Before proceeding to trial the members of a summary court-martial shall take the following oath or affirmation, which shall be administered by the recorder: "I, A B, do swear (or affirm) that I will well and truly try, 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 following 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 aud of the proceedings thereof." |