Chapter 272.
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/statutes-at-large/vol-27/chapter-272-1157138·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 272.— An act to amend the Articles of War, and for other purposes.July 27, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Army. Articles of War. R. S., sec. 1342 amended. That articles seventeen, eighty-four, one hundred and four, and one hundred and ten, of section thirteen hundred and forty-two of the Revised Statutes of the United States, be, and the same are hereby, amended to read as follows: " “Article 17.
Any soldier who sells or through neglect losses orSelling horse, etc., to be punished by court-martial. R. S., sec. 1342, p. 231. spoils his horse, arms, clothing, or accoutrements shall be punished as a court-martial may adjudge, subject to such limitation as may be prescribed by the President by virtue of the power vested in him.” 278 “Article 84. The judge-advocate shall administer to each memberOath of members of courts-martial. R. S., sec. 1342, p. 238. of the court, before they proceed upon any trial, the following oath, which shall also be taken by all members of regimental and garrison courts-martial: ‘You, A B, do swear that you will well and truly try and determine, according to evidence, the matter now before you, between the United States of America and the prisoner to be tried, and that you will duly administer justice, without partiality, favor, or affection, according to the provisions of the rules and articles for the government of the armies of the United States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper authority, except to the judge-advocate; neither will you disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law.
So help you God.’” “Article 104. No sentence of a court-martial shall be carried intoApproval of sentence. R. S., sec. 1342, p. 240. execution until the same shall have been approved by the officer ordering the court, or by the officer commanding for the time being.” “Article 110. No sentence adjudged by a field officer, detailed toApproval of Held officer’s sentence. R. S., sec. 1342, p. 240. try soldiers of his regiment, shall be carried into execution until the same shall have been approved by the brigade commander, or, in case there be no brigade commander, by the commanding officer of the post or camp.
” " Sec. 2. That whenever a court-martial shall sit in closed session theJudge-advocate to withdraw from closed sessions. judge-advocate shall withdraw, and when his legal advice or his assistance in referring to recorded evidence is required it shall be obtained in open court. Sec. 3. That fraudulent enlistment, and the receipt of any pay orFraudulent enlistment a military offense. R. S., sec. 1342, p. 236. allowance thereunder, is hereby declared a military offense and made punishable by court-martial, under the Sixty-second Article of War.
Sec. 4. That judge-advocates of departments and of courts-martial,Administration of oaths. and the trial officers of summary courts, are hereby authorized to administer oaths for the purposes of the administration of military justice, and for other purposes of military administration. Sec. 5. That the commanding officers authorized to approve the sentencesEffect. of summary courts shall have the power to remit or mitigate the same. Sec. 6. That this act shall take effect sixty days after its passage.Approving authority may remit, etc., sentence.
Approved, July 27, 1892.