When testi when, in his opinion, such compliance would be injurious to the public interest. SEC. 1077. When it appears to the court in any case that the facts set mony not to be forth in the petition of the claimant do not furnish any ground for relief, it shall not be the duty of the court to authorize the taking of any testimony therein. taken. Witnesses not SEC. 1078. No witness shall be excluded in any suit in the Court of excluded on ac- Claims on account of color. count of color. Parties andper- SEC. 1079. No claimant, nor any person from or through whom any sons interested such claimant derives his alleged title, claim, or right against the United excluded as wit-States, nor any person interested in any such title, claim, or right, shall be a competent witness in the Court of Claims in supporting the same, and no testimony given by such claimant or person shall be used except as provided in the next section. nesses. Examination of claimant. Testimony taken where depon SEC. 1080. The court may, at the instance of the attorney or solicitor appearing in behalf of the United States, make an order in any case pending therein, directing any claimant in such case to appear, upon reasonable notice, before any commissioner of the court, aud be examined on oath touching any or all matters pertaining to said claim. Such examination shall be reduced to writing by the said comm ssioner, and be returned to and filed in the court, aud may, at the discretion of the attorney or solicitor of the United States appearing in the case, be read and used as evidence on the trial thereof. And if any claimant, after such order is made, and due and reasonable notice thereof is given to him, fails to appear, or refuses to testify or answer fully as to all matters within his knowledge material to the issue, the court may, in its discretion, order that the said cause shall not be brought forward for trial until he shall have fully complied with the order of the court in the premises. SEC. 1081. The testimony in cases pending before the Court of Claims shall be taken in the county where the witness resides, when the same ent resides. can be conveniently done. Witnesses, how SEC. 1082. The Court of Claims may issue subpoenas to require the compelled to at- attendance of witnesses in order to be examined before any person comtend before commissioned to take testimony therein, and such subpoenas shall have the missioners. Cross-examina tion. Witnesses, how sworn. com same force as if issued from a district court, and compliance there with shall be compelled under such rules and orders as the court shall establish. SEC. 1083. In taking testimony to be used in support of any claim, opportunity shall be given to the United States to file interrogatories, or by attorney to examine witnesses, under such regulations as said court shall prescribe; and like opportunity shall be afforded the claimant, in cases where testimony is taken on behalf of the United States, under like regulations. SEC. 1084. The commissioner taking testimony to be used in the Court of Claims shall administer an oath or affirmation to the witnesses brought before him for examination. Fees of SEC. 1085. When testimony is taken for the claimant, the fees of the missioner, by commissioner before whom it is taken, and the cost of the commission whom paid. and notice, shall be paid by such claimant; and when it is taken at the instance of the Government, such fees, together with all postage incurred by the Assistant Attorney-General, shall be paid out of the contingent fund provided for the Court of Claims, or other appropriation made by Congress for that purpose. Claims forfeited for fraud. New trial on SEC. 1086. Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, statement, establishment, or allowance of any claim, or of any part of any claim against the United States, shall ipso facto forfeit the same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same. SEC. 1087. When judgment is rendered against any claimant, the motion of claim- court may grant a new trial for any reason which, by the rules of common law or chancery in suits between individuals, would furnish sufficient ground for granting a new trial. ant. New trial on SEC. 1088. The Court of Claims, at any time while any claim is pendmotion of United ing before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion on behalf of the United States. States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law. SEC. 1089. In all cases of final judgments by the Court of Claims, or, Payment of on appeal, by the Supreme Court, where the same are affirmed in favor judgments. of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of private claims, on presentation to the Secretary of the Treasury of a copy of said judgment, certified by the clerk of the Court of Claims, and signed by the chief justice, or, in his absence, by the presiding judge of said court. SEC. 1090. In cases where the judgment appealed from is in favor of Interest. the claimant, and the same is affirmed by the Supreme Court, interest thereon at the rate of five per centum shall be allowed from the date of its presentation to the Secretary of the Treasury for payment as aforesaid, but no interest shall be allowed subsequent to the affirmance, unless presented for payment to the Secretary of the Treasury as aforesaid. SEC. 1091. No interest shall be allowed on any claim up to the time Interest on of the rendition of judgment thereon by the Court of Claims, unless claims. upon a contract expressly stipulating for the payment of interest. SEC. 1092. The payment of the amount due by any judgment of the Payment of Court of Claims and of any interest thereon allowed by law, as herein-judgment a full discharge, &c. before provided, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. SEC. 1093. Any final judgment against the claimant on any claim Final judgments prosecuted as provided in this chapter shall forever bar any further a bar. claim or demand against the United States arising out of the matters involved in the controversy. Sec. 1624. Summary ART. 26. Summary courts-martial may be ordered upon petty officers Title 15, Chap. 10, 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 belong, for the trial of offenses which such officer may courts-martial. deem deserving of greater punishment than such commander or commandant is authorized to inflict, but not sufficient to require trial by a general court-martial. Constitution of ART. 27. A summary court-martial shall consist of three officers not below the rank of ensign, as members, and of a recorder. The com- summary courtsmander of a ship may order any officer under his command to act as such martial." recorder. Oath of mem ART. 28. Before proceeding to trial the members of a summary courtmartial shall take the following oath or affirmation, which shall be bers and recorder. 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, 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 and of the proceedings thereof." ART. 29. All testimony before a summary court-martial shall be given Testimony. orally, upon oath or affirmation, administered by the senior member of the court. ART. 30. Summary courts-martial may sentence petty officers and Punishments by persons of inferior ratings to any one of the following punishments, summary courts. namely: First. Discharge from the service with bad conduct discharge; but the sentence shall not be carried into effect in a foreign country. Second. Solitary confinement, not exceeding thirty days, in irons, single or double, on bread and water, or on diminished rations. Third. Solitary confinement in irons, single or double, not exceeding thirty days. Fourth. Solitary confinement not exceeding thirty days. Fifth. Confinement not exceeding two months. Sixth. Reduction to next inferior rating. Seventh. Deprivation of liberty on shore on foreign station. Eighth. Extra police duties, and loss of pay, not to exceed three months, may be added to any of the above-mentioned punishments. Disratting for ART. 31. A summary court-martial may disrate any rated person for incompetency. incompetency. Execution mary court. of ART. 32. No sentence of a summary court-martial shall be carried into sentence of sum- execution until the proceedings and sentence have been approved by the officer ordering the court and by the commander-in-chief, or, in his absence, by the senior officer present. And no sentence of such court which involves loss of pay shall be carried into execution until the proceedings and sentence have been approved by the Secretary of the Navy. Remission sentence. of Manner of con ART. 33. The officer ordering a summary court-martial shall have power to remit, in part or altogether, but not to commute, the sentence of the court. And it shall be his duty either to remit any part or the whole of any sentence, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced; or to submit the case again, without delay, to the same or to another summary courtmartial, which shall have power, upon the testimony already taken, to remit the former punishment and to assign some other of the authorized punishments in the place thereof. ART. 34. The proceedings of summary courts-martial shall be conducting proceed- ducted with as much conciseness and precision as may be consistent with ings. the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the approval of the President; and all such proceedings shall be transmitted, in the usual mode, to the Navy Department. Same punish- ART. 35. Any punishment which a summary court-martial is authorments by general ized to inflict may be inflicted by a general court-martial. court-martial. Title 15, Chap. 10, ART. 38. General courts-martial may be convened by the President, Sec. 1624. the Secretary of the Navy, or the commander-in-chief of a fleet or General courts- squadron; but no commander of a fleet or squadron in the waters of the martial, by whom United States shall convene such court without express authority from the President. convened. Constitution of. Oaths of mem ART. 39. A general court-martial shall consist of not more than thirteen nor less than five commissioned officers as members; and as many officers, not exceeding thirteen, as can be convened without injury to the service, shall be summoned on every such court. But in no case, where it can be avoided without injury to the service, shall more than one-half, exclusive of the president, be junior to the officer to be tried. The senior officer shall always preside and the others shall take place according to their rank. ART. 40. The president of the general court-martial shall administer bers and judge- the following oath or affirmation to the judge-advocate or person officiating as such : advocate. "I, A B, do swear (or affirm) that I will keep a true record of the evidence given to and the proceedings of this court; that I will not divulge or by any means disclose the sentence of the court until it shall have been approved by the proper authority; and that I will not at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law." This oath or affirmation being duly administered, each member of the court, before proceeding to trial, shall take the following oath or affirmation, which shall be administered by the judge-advocate or person officiating as such: "I, A B, do swear (or affirm) that I will truly try without prejudice or partiality, the case now depending, according to the evidence which shall come before the court, the rules for the government of the Navy, and my own conscience; that I will not by any means divulge or disclose the sentence of the court until it shall have been approved by the proper authority; and that I will not at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law." ART. 41. An oath or affirmation, in the following form, shall be ad- Oath of witness. ministered to all witnesses, before any court-martial, by the president thereof: "You do solemnly swear (or affirm) that the evidence you shall give in the case now before this court shall be the truth, the whole truth, and nothing but the truth, and that you will state everything within your knowledge in relation to the charges. So help you God; (or 'this you do under the pains and penalties of perjury.')" ART. 42. Whenever any person refuses to give his evidence or to give Contempts of it in the manner provided by these articles, or prevaricates, or behaves court. with contempt to the court, it shall be lawful for the court to imprison him for any time not exceeding two months. ART. 43. The person accused shall be furnished with a true copy of Charges. the charges, with the specifications, at the time he is put under arrest; and no other charges than those so furnished shall be urged against him at the trial, unless it shall appear to the court that intelligence of such other charge had not reached the officer ordering the court when the accused was put under arrest, or that some witness material to the support of such charge was at that time absent and can be produced at the trial; in which case reasonable time shall be given to the accused to make his defense against such new charge. arrested. ART. 44. Every officer who is arrested for trial shall deliver up his Duty of officer sword to his commanding officer and confine himself to the limits assigned him, on pain of dismissal from the service. Suspension of ART. 45. When the proceedings of any general court-martial have commenced, they shall not be suspended or delayed on account of the absence proceedings. of any of the members, provided five or more are assembled; but the court is enjoined to sit from day to day, Sundays excepted, until sentence is given, unless temporarily adjourned by the authority which convened it. ART. 46. No member of a general court-martial shall, after the pro- Absence of ceedings are begun, absent himself therefrom, except in case of sick- members. ness, or of an order to go on duty from a superior officer, on pain of being cashiered. ber. ART. 47. Whenever any member of a court-martial, from any legal Witnesses excause, is absent from the court after the commencement of a case, all amined in abthe witnesses who have been examined during his absence must, when sence of a memhe is ready to resume his seat, be recalled by the court, and the recorded testimony of each witness so examined must be read over to him, and such witness must acknowledge the same to be correct and be subject to such further examination as the said member may require. Without a compliance with this rule, and an entry thereof upon the record, a member who shall have been absent during the examination of a witness shall not be allowed to sit again in that particular case. Suspension of ART. 48. Whenever a court-martial sentences an officer to be suspended, it may suspend his pay and emoluments for the whole or any pay. part of the time of his suspension. ART. 49. In no case shall punishment by flogging, or by branding, Flogging, brandmarking, or tattooing on the body be adjudged by any court-martial or ing, &c. be inflicted upon any person in the Navy. ART. 50. No person shall be sentenced by a court-martial to suffer Sentences, how death, except by the concurrence of two-thirds of the members present, determined. and in the cases where such punishment is expressly provided in these articles. All other sentences may be determined by a majority of votes. Adequate pun- ART. 51. It shall be the duty of a court-martial, in all cases of conishment; recom-viction, to adjudge a punishment adequate to the nature of the offense; mendation to but the members thereof may recommend the person convicted as de mercy. Authentication of judgment. Confirmation of sentence. Remission and serving of clemency, and state, on the record, their reasons for so doing. [See Art. 35, SUMMARY COURTS-MARTIAL.] ART. 52. The judgment of every court-martial shall be authenticated by the signature of the president, and of every member who may be present when said judgment is pronounced, and also of the judge-advocate. ART. 53. No sentence of a court-martial, extending to the loss of life, or to the dismissal of a commissioned or warrant officer, shall be carried into execution until confirmed by the President. All other sentences of a general court-martial may be carried into execution on confirmation of the commander of the fleet or officer ordering the court. ART. 54. Every officer who is authorized to convene a general courtmitigation of sen- martial shall have power, on revision of its proceedings, to remit or mitigate, but not to commute, the sentence of any such court which he is authorized to approve or confirm. tence. Art. COURTS OF INQUIRY. 55. Courts of inquiry, by whom ordered. 56. Constitution of. 57. Powers of. 58. Oath of members and judge-advocate. Title 15, Chap. 10, Sec. 1624. Courts of inquiry, by whom ordered. Constitution of. Powers of. Oath of mem advocate. Art. 59. Rights of party inquired of. 60. Proceedings, how authenticated and used as evidence. ART. 55. Courts of inquiry may be ordered by the President, the Secretary of the Navy, or the commander of a fleet or squadron. ART. 56. A court of inquiry shall consist of not more than three commissioned officers as members, and of a judge-advocate, or person officiating as such. ART. 57. Courts of inquiry shall have power to summon witnesses, administer oaths, and punish contempts, in the same manner as courtsmartial; but they shall only state facts, and shall not give their opinion unless expressly required so to do in the order for convening. ART. 58. The judge-advocate, or person officiating as such, shall adbers and judge- minister to the members the following oath or affirmation: "You do swear (or affirm) well and truly to examine and inquire, according to the evidence, into the matter now before you, without partiality." After which the president shall administer to the judge-advocate, or person officiating as such, the following oath or affirmation: “You do swear (or affirm) truly to record the proceedings of this court and the evidence to be given in the case in hearing." Rights of party ART. 59. The party whose conduct shall be the subject of inquiry, or inquired of. his attorney, shall have the right to cross-examine all the witnesses. Proceedings, ART. 60. The proceedings of courts of inquiry shall be authenticated how authenticat- by the signature of the president of the court and of the judge-advocate, ed and used as and shall, in all cases not capital, nor extending to the dismissal of a commissioned or warrant officer, be evidence before a court-martial, provided oral testimony cannot be obtained. evidence. Sec. CRIMES. See under various subjects to which they pertain. 3571. United States notes. 3573. No issue less than ten cents. CURRENCY. Sec. 3576. Portraits of living persons not to be placed 3580. Replacing mutilated notes. 3583. Restriction on notes less than one dollar. SEC. 3571. United States notes shall be of such denominations, not less than one dollar, as the Secretary of the Treasury may prescribe, shall not bear interest, shall be payable to bearer, and shall be in such form as the Secretary may deem best. SEC. 3573. No issue of fractional notes of the United States shall be of a less denomination than ten cents; and all issues of a less denomi |