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confinement at hard labor in consideration of each previous conviction of desertion, and also by dishonorable discharge and forfeiture of all pay

and allowances when not already authorized.

(b) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing, shall not exceed dishonorable discharge, forfeiture of

all pay and allowances, and confinement at hard labor for five years.

II. Except as herein otherwise indicated, punishments shall not exceed

the limits prescribed in the following table:

Offenses.

Limit of punishment.

Under seventeenth article of war.

Selling horse or arms, either or both

Losing or spoiling horse or arms
through neglect.

Losing or spoiling accouterments
or clothing through neglect.

Under frventieth article of war.

Behavin
towa

himself with disrespect
his commanding officer.

Under twenty-fourth article of war.

Refusal to obey or using violence
to officer or roncommissioned
officer while quelling quarrels
or disorders.

Under thirty-first article of war.

Under thirty-second article of war.

Absence without leave—

Less than 1 hour (not including
absence from a roll call).

Less than 1 hour (including ab-
sence from a roll call).

Fr-m 12 to 24 hours.............

Selling accouterments..............

Selling clothing....... -------------

Lying out of quarters...............

From 1 to 6 hours............... Forfeiture of $2; corporal, $3; sergeant, $4;
first sergeant or :::::::::::::::::
of higher grade, $5.

**om 6 to 12 hours.............. | Forfeiture of $3; corporal, $4; sergeant, $5;
first sergeant or noncommissioned officer

se
of higher grade, $7.

Three years' confinement at hard labor; for
noncommissioned officer, reduction in ad-
dition thereto.”

Four months' confinement at hard labor; for noncommissioned officer, reduction in addition thereto. *

Two months' confinement at hard labor: for noncommissioned officer, reduction in addition thereto.”

Four months' confinementathard labor; for noncommissioned officer, reduction in addition thereto.”

One month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto.”

Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Dishonorable discharge, with forfeiture of all pay and allowances, and imprisonment for 2 years.

Forfeiture of $2; corporal, $3; sergeant, $4.

rosaur of 50 cents; corporal, $1; sergeant,

Forfeiture of $1; corporal, $2; sergeant, $3: first sergeant or noncommissioned officer of higher grade, $4.

Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant or noncommissioned officer of higher grade, $10.

*In addition to the stoppages "sufficient for repairing the loss or damage," which

the law requires the court-martial to adjudge.

The court's action under this require

ment in the case of sale or loss through neglect of clothing shall be limited to a confirmation of the charge made against the offender on his clothing account.

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*In specifications to charges of larceny or embezzlement the value of the property

shall be stated.

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Under sixty-second article of

war-continued.
Sentinel willfully suffering pris. Dishonorable discharge, forfeiture of all
oner under his charge to escape. pay and allowances, and 1 year's impris.

onment,
Sentinel allowing a prisoner under Two months' confinement at hard labor and
his charge to obtain liquor.

forfeiture of $10 per month for the same

period.
Sentinelor member of guard drink-Two months' confinement at hard labor and
ing liquor with prisoners.

forfeiture of $10 per month for the same

period.
Disrespect or affront to a sentinel.. Two months' confinement at hard labor and

forfeiture of $10 per month for the same
period: for noncommissioned officer, re-

duction in addition thereto.
Resisting or disobeying sentinel in six months' confinement at hard labor and
lawful execution of his duty. I forfeiture of $10 per month for the same

period; for noncommissioned officer, re

duction in addition thereto.
Lewd or indecent exposure of per. | Three months' confinement at hard labor
son.

and forfeiture of $10 per month for the
same period; for noncommissioned officer.
reduction in addition thereto.

III. (1) When a soldier shall be found guilty of an offense cognizable when committed for the first time by an inferior court-martial, his punishment therefor may exceed the prescribed limit by one-half if it shall appear that during his current enlistment and within two years preceding his trial he has been once convicted of one offense or more; it may be doubled if he has been twice so convicted, and it may be increased by one-half of the prescribed limit for every such previous conviction: Provided, That upon proof of five or more previous convictions the punishment may be that authorized for a fifth conviction, or dishonorable discharge with forfeiture of all pay and allowances. When found guilty of an offense cognizable only by a general court-martial, and on proof of five or more previous convictions within the two years, dishonorable discharge with forfeiture of all pay and allowances may be added to any confinement at hard labor. And when a noncommissioned officer shall be found guilty of an offense not punishable by reduction, reduction may be added to the punishment if it shall appear that he has been convicted of a military offense within one year and during his current enlistment.

(2) After arriving at the findings a court-martial may be opened to receive evidence of previous convictions. These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, showing the actual offenses of which the soldier was convicted, except in the cases of convictions by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof. Charges forwarded to the authority ordering a general court-martial or submitted to a summary garrison or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence. Paragraphs 1017 and 1018 of the Regulations are superseded by this order,

IV. This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases where the severest punishment should be awarded. In other cases the punishment must be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service. V. Summary courts are subject to the restrictions named in the eightythird article of war. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters before and during trial and while awaiting sentence, unless in particular cases restraint may be deemed necessary. VI. The following substitutions for punishments named in Section II of this order are authorized, at the discretion of the court: Detention of pay to the extent of four times the amount of the forfeiture; two days' confinement at hard labor for $1 of forfeited pay; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for $1 of forfeited pay: Provided, That a noncommissioned officer not sentenced to reduction shall not be subject to confinement: And provided, That solitary confinement shall not exceed fourteen days at one time nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. Wherever the limit herein prescribed for an offense or offenses may be brought within the punishing power of inferior courts-martial, as defined by the eighty-third article of war, by substitution of punishment under the provisions of this section, the aforesaid courts shall be deemed to have jurisdiction of such offense or offenses. VII. Sergeants shall not if they object thereto be brought to trial before regimental, garrison, or summary courts-martial without the authority of the officer competent to order their trial by general courtmartial; nor shall sergeants of the post noncommissioned staff be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment. Paragraphs 105 and 254 of the Regulations, the latter as amended by General Orders, No. 67, series of 1890, AdjutantGeneral's Office, are modified accordingly. BENJ. HARRISON.

By the President:
REDFIELD PRoctor, Secretary of War.

AMENDMENT OF CIVIL-SERVICE RULES.

MARCH 4, 1891. Special Departmental Rule No. 1 is hereby amended so as to include among the places excepted from examination therein the following: In the Department of Agriculture, in the office of the Secretary: Clerk to act as

appointment clerk. BENJ. HARRISON,

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