rity shall have power to mitigate or remit
any unexecuted portion of the punishment. The imposition and
enforcement of disciplinary punishment under authority of this
article for any act or omission shall not be a bar to trial by
court-martial for a crime or offense growing out of the same
act or omission; but the fact that a disciplinary punishment
has been enforced may be shown by the accused upon trial, and
when so shown shall be considered in determining the measure of
punishment to be adjudged in the event of a finding of guilty.
REDRESS OF INJURIES TO PERSON OR PROPERTY.
ART. 105. Whenever complaint is made to any commanding officer
that damage has been done to the property of any person or that
his property has been wrongfully taken by persons subject to
military law, such complaint shall be investigated by a board
consisting of any number of officers from one to three, which
board shall be convened by the commanding officer and shall have,
for the purpose of such investigation, power to summon witnesses
and examine them upon oath or affirmation, to receive depositions
or other documentary evidence, and to assess the damages sustained
against the responsible parties. The assessment of damages made
by such board shall be subject to the approval of the commanding
officer, and in the amount approved by him shall be stopped against
the pay of the offenders. And the order of such commanding officer
directing stoppages herein authorized shall be conclusive on any
disbursing officer for the payment by him to the injured parties
of the stoppages so ordered.
Where the offenders can not be ascertained but the organization
or detachment to which they belong is known, stoppages to the
amount of damages inflicted may be made and assessed in such
proportion as may be deemed just upon the individual members
thereof who are shown to have been present with such organization
or detachment at the time the damages complained of were inflicted,
as determined by the approved findings of the board.
ARREST OF DESERTERS BY CIVIL OFFICIALS.
ART. 106. It shall be lawful for any civil officer having authority
under the laws of the United States, or of any State, Territory,
District, or possession of the United States, to arrest offenders,
summarily to arrest a deserter from the military service of the
United States and deliver him into the custody of the military
authorities of the United States.
SOLDIERS TO MAKE GOOD T
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