Inciting or joining in, a mutiny or sedition, or failure to report same to commanding officer.

Desertion.

Cowardice while on active duty.

Misbehavior in presence of the enemy.

All felonies committed in the time of war by persons belonging to or serving with the National Guard or Sharpshooters. Absenting oneself without leave.

Sleeping on post when a sentinel, or leaving post before being relieved.

Giving information to any person concerning the equipment of the National Guard or Sharpshooters or the amount, kind, location of arms, ammunition or military stores, the property of the Government.

Selling or appropriating or parting with any arms, ammunition or Government property.

Knowingly receiving or purchasing arms, ammunition or Government property from one not having lawful authority to sell or dispose of same.

Forcing safe-guard in time of war.

Relieving with money, victuals or ammunition, or harboring, protecting, corresponding with or giving intelligence to the enemy directly or indirectly.

Making false muster or return.

Violating any regulations promulgated by the Commanderin-Chief for the Government of the National Guard and Sharpshooters.

$1647. The following offenses shall be within the jurisdicdiction of regimental and garrison Courts Martial.

Occasioning false alarms.

Hiring duty, conniving at or allow same.

Drunkenness while on duty or while on active service.
Failure to report for duty, drill or parade.

Breaking furlough or leave.

Disorderly conduct on active service.

Want of personal neatness.

Want of care of arms, uniform or equipment.

Profanity.

Lying out of quarters.

Reproachful or provoking speeches and gestures.

Disrespectful behavior to a superior officer.

Making known watchword to one not entitled to receive it. Committing waste or spoil (unless by order of officer commanding in field.)

$1648. All officers and enlisted men in the service of the Republic of Hawaii, shall at all times be subject to trial by Court Martial.

$1649. Officers shall be tried only by General Courts Martial; and no officer shall, when it can be avoided, be tried by officers inferior to him in rank.

$1650. All members of Courts Martial before proceeding with any trial shall take an oath to administer justice without partiality, favor or affection, according to the laws of the Republic of Hawaii.

$1651. In the conduct of all trials, Courts Martial shall follow military usage and precedents heretofore established, and as set forth in the statutes and regulations governing the army of the United States.

$1652. All persons who in time of war, rebellion or insurrection against the Supreme Authority of the Republic of Hawaii, shall be found lurking or acting as spies, in or about any of the fortifications, posts, quarters or encampments of any of the Military Forces of the Republic of Hawaii, or elsewhere, shall be triable by a General Court Martial, or by a Military Commission, and shall, upon conviction thereof, suffer death or

such other penalty as may be imposed by such Courts Martial or Military Commission.

$1653. All persons sentenced to imprisonment by Courts Martial or Military Commission may be confined in such place as the sentence of the Court may direct.

$1654. No sentence of death, imprisonment, or dismissal of officers from the service, shall be valid unless approved by the Commander-in-Chief.

$1655.

All infractions against military discipline shall be punished as Courts Martial may direct.

$1656. General Courts Martial, in time of peace, may impose the punishment of fine not exceeding fifty dollars and (or) dishonorable dismissal from National Guard, in the case of officers and enlisted men not on active service, when found guilty of any offense named in this Act, or of any violation of any regulation promulgated by the Commander-in-Chief. And in case of officers and enlisted men on active service, such Courts may punish by fine not exceeding one hundred dollars and imprisonment until such fine is paid, and (or) by imprisonment not exceeding twelve months, and (or) by dishonorable dismissal from the service.

$1657. In time of war, General Courts Martial or Military Commissions may impose the penalty of death, and may impose all penalties authorized by law for offenses which may be tried by such Courts Martial or Military Commission and may impose a fine not exceeding five hundred dollars and (or) imprisonment at hard labor not exceeding five years, in all cases not otherwise provided for.

$1658. Regimental or Garrison Courts Martial in time of peace may impose punishment by fine not exceeding ten dollars,

HH

and (or) dishonorable dismissal from the National Guard in case of enlisted men not on active service, and in case of enlisted men on active service by fine not exceeding forty dollars and (or) by imprisonment not exceeding one month; and in time of war, by fine not exceeding one hundred dollars and (or) imprisonment not exceeding three months, and (or) by dishonorable dismissal from the National Guard.

$1659. It shall be the duty of the Marshal or his Deputy, whenever so required by the order of the Commander-in-Chief of the Military Forces, or by the Precept or Mandate of the President, and upon and in conformity therewith, to execute and carry out the sentence of any Military Commission or Court Martial convened, or to be convened, in the manner and at the time and place designated in the order approving the findings and proceedings of and confirming or modifying the sentence imposed by such Military Commission or Court Martial.

§1660. Any jail or prison of the Republic or other place designated by the President or Commander-in-Chief may be used as a place of imprisonment or detention of any person convicted and sentenced to imprisonment by any such Commission or Court Martial.

NOTE TO CHAPTER 98.

§§1641-1658 are S. L. 1895, Act 20, §§22-39. §§1659-1660 are L. R. Act 18.

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CHAPTER 99.

SAILING REGULATIONS.

$1661. It shall be the duty of all masters of Hawaiian vessels to observe and enforce on board the vessels under their command the several rules and regulations contained in the schedule hereto.

SCHEDULE.

STEAM AND SAIL VESSELS.

ARTICLE 1. In the following rules every steamship which is under sail, and not under steam, is to be considered a sailing ship, and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam.

LIGHTS.

ARTICLE 2. The lights mentioned in the following articles numbered three, four, five six, seven, eight, nine, ten and eleven, and no others, shall be carried in all weathers, from sunset to sunrise.

LIGHTS FOR STEAMERS.

ARTICLE 3. A sea-going steamship, when under way shall

carry:

(a) On or in front of the foremast at a height above the hull of no less than twenty feet, and if the breadth of the ship exceeds twenty feet, then at a height above the hull not less than such breadth, a bright white light, so constructed as to show a uni