Page:United States Statutes at Large Volume 35 Part 1.djvu/639

622 SIXTIETH CONGRESS. Sess. · II. Ch. 131. 1909, Territory, or District where such naval court shall be ordered to sit may lawfully issue. _ Wi*¤€‘¤°°- Sec. 12. That any person duly subpoenaed to appear as a W1tHBSS before a general court-martial or court of inquiry of the, Navy, who ¤r¥;*{g*:l;¤;¤g’*°"“l‘ willfully neglects or refuses to appear, or refuses to qualify as a wit- ` ness or to testify or produce documentary evidence, which suchperson may have been legall subpoenaed to produce, shall deemed guilty of a misdemeanor, for which such person shall be punished on information in the district court of the United States; and it shall be the duty of the United States District Attorney, on the certification of the facts to him by such naval court to file an information against and prosecute the personsso offending, and the punishment of such person, on conviction, shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of gmx- the court: Provided, That this shall not appliy to persons residing °°P °°”‘ beyond the State, Territory, or District in w ch such naval court 1S Fwmvc- held, and that the fees of such witnesses and his mileage at the rates provided for witnesses in the United States district court for said State, Territory, or District shall be duly paid or tendered said witness, such amounts to be paid by the Bureau of Supplies and Accounts out of the appropriation for compensation of witnesses: P1·0#uided_further, incrimiumnz wm- That no witness shall be compelled to iucriminate himself or to answer ’"°“"°°°°“`p"1°°ry` an question which may tend to incriminate or degrade him. Pé*S;,Qgr;'““°° °° Sec. 13. That persons confined in prisons in pursuance of the sen- ` tence of a naval court-martial shall, during such confinement, be allowed a reasonable sum, not to exceed three dollars per mouth, for necessary . prison expenses, and shall upon discharge be furnished with suitable ' civilian clothing and paid a gratuity, not to exceed twenty-tive dollars: ,,_e"‘;n*!°ci,0u Provided, That such allowances shall be made in amounts to be fixed ` by, and in the discretion of, the Secretary of the Navy and only in cases where the prisoners so discharged would otherwise be unprovided with suitable clothing or without funds to meet their immediate needs. Procedure in sum- Sec. 14. That section sixteen hundred and twenty-four, article thirty- “‘§{"§f“,§§_ 162,, p_ four, Revised Statutes of the United States, is hereby amended as fol- 282. ¤¤¤=¤<1¤¤- lows: "The proceedings of summary courtsanartial shall be conducted with as much conciseness and precision as may be consistent with the ends of justice, and under such forms and rulvs as may be prescribed by the Secretary of the Navy, with the ap iroval of the President, and all such proceedings shall be transmitted in the usual mode to the nectmi may be ae- Navy Department, where they shall be kept on file for a period of two §,‘Q,f,{,$“ “"‘" "“’ ye-ars from date of trial, after which time they may be destroyed in the discretion of the Secretary of the Navy." b Arrest g e¤l;~<>¤¢¤ Sec. 15. That it shall be lawful for any civil officer having authority Y °1 ° °under the laws of the United States or of any State, Territory, or District to arrest offenders, to summarily arrest a deserter from the Navv or Marine Corps of the United States and deliver him into the custody of the naval authorities. ` D,<;go»i¤;éw:,:e¤¤·· Sec. 16. That the depositions of witnesses may be taken on reason- °°° °"" 6 ‘ able notice to the opposite party, and when duly authenticated, may ~,;,¤.€,,m,,,,_ be put in evidence before naval courts, except in capital cases and cases where the punishment may be imprisonment or confinement for more orwhom accepted. than one year as follows: First, depositions of civilian witnesses resid- , ing outside the State, Territory, or District in which a naval court is ordered to sit; second, depositions of persons in the naval or military service stationed or residing outside the State, Territorv, or District in which a naval court is ordered to sit, or who are under orders to go outside of such State, Territory, or District; third, where such naval court is convened on hoard a vessel of the United States, or at a naval station not within any State, ']`erritory, or District of the United States, the depositions of witnesses may be taken and used as herein