SEC. 12. Witnesses — punishment for failure to appear fees, etc. incriminating testimony.] That any person duly subpoenaed to appear as a witness before a general court-martial or court of inquiry of the Navy, who willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence, which such person may have been legally subpoenaed to produce, shall be 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 persons so 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 the court: Provided, That this shall not apply to persons residing beyond the State, Territory, or District in which such naval court is 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: Provided further, That no witness shall be compelled to incriminate himself or to answer any question which may tend to incriminate or degrade him. [35 Stat. L. 622.]

SEC. 13. [Allowance to prisoners.] That persons confined in prisons in pursuance of the sentence of a naval court-martial shall, during such confinement, be allowed a reasonable sum, not to exceed three dollars per month, for necessary prison expenses, and shall upon discharge be furnished with suitable civilian clothing and paid a gratuity, not to exceed twenty-five dollars: 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. [35 Stat. L. 622.]

SEC. 14. [Procedure in summary courts-record may be destroyed after two years.] That section sixteen hundred and twenty-four, article thirty-four, Revised Statutes of the United States, is hereby amended as follows: "The proceedings of summary courts-martial shall be conducted with as much conciseness and precision as may be consistent with 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, where they shall be kept on file for a period of two years from date of trial, after which time they may be destroyed in the discretion of the Secretary of the Navy." [35 Stat. L. 622.]

R. S. sec. 1624, art. 34, is given in 1 Fed. Stat. Annot. 471.

SEC. 15. [Arrest of deserters by civil officers.] That it shall be lawful for any civil officer having authority under the laws of the United States or of any State, Territory, or District to arrest offenders, to summarily arrest a deserter from the Navy or Marine Corps of the United States and deliver him into the custody of the naval authorities. [35 Stat. L. 622.]

SEC. 16. [Depositions.] That the depositions of witnesses may be taken on reasonable notice to the opposite party, and when duly authenticated, may be put in evidence before naval courts, except in capital cases and cases where the punishment may be imprisonment or confinement for more than one year as follows: First, depositions of civilian witnesses residing 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, Territory, 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 board a vessel of the United States, or at a naval station not within any State, Territory, or District of the United States, the depositions of witnesses may be taken and used as herein provided whenever such witnesses reside or are stationed at such a distance from the place where said naval court is ordered to sit, or are about to go to such a distance as, in the judgment of the convening authority, would render it impracticable to secure their personal attendance. [35 Stat. L. 622.]

SEC. 17. [Approval of sentences.] That all sentences of summary courtsmartial may be carried into effect upon the approval of the senior officer present, and all sentences of deck courts may be carried into effect upon approval of the convening authority or his successor in office. [35 Stat. L. 623.]

SEC. 18. [Repeal.] That all Acts or parts of Acts inconsistent herewith are hereby repealed. [35 Stat. L. 623.]

An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and ten, and for other purposes.

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[Act of March 3, 1909, ch. 255, 35 Stat. L. 753.]

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[SEC. 1.] [Rank and pay of retired officers -increased grade for civil war service.] The provisions of the Act approved June twenty-ninth, nineteen hundred and six, entitled "An Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seven, and for other purposes," providing for the retirement in the next higher grade of officers of the navy who served during the civil war, shall not operate to deprive any officer of the navy who has been, or may be, retired, since the passage of that Act, of the right to increased rank and pay to which, but for the passage of said Act, he would have been entitled. [35 Stat. L. 753.]

The provisions of the Act of June 29, 1906, above mentioned, are given supra, p. 386.

[Payment to officers on temporary leaves.] The accounting officers of the Treasury are hereby authorized and directed to allow, in the settlement of accounts of disbursing officers involved, payments made to officers of the navy while on temporary leaves of absence since March third, eighteen hundred and ninety-nine, not involving detachment from duty, and not in excess of leaves of absence allowed by law to officers of the army without reduction in pay. [35 Stat. L. 754.]

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[Secretary of Navy to fix, etc., pay of clerical, drafting, etc., force leaves for per diem employees.] That hereafter the rates of pay of the clerical, drafting, inspection, and messenger force at navy-yards and naval stations and other stations and offices under the Navy Department shall be paid from lump appropriations and shall be fixed by the Secretary of the Navy on a per annum or per diem basis as he may elect; that the number may be increased or decreased at his option and shall be distributed at the various navy-yards and naval stations by the Secretary of the Navy to meet the needs of the naval service, and that such per diem employees may hereafter, in the discretion of the Secretary of the Navy, be granted leave of absence not to exceed

fifteen days in any one year, which leave may, in exceptional and meritorious cases, where such an employee is ill, be extended, in the discretion of the Secretary of the Navy, not to exceed fifteen days additional in any one year; that the total amount expended annually for pay for such clerical, drafting, inspection, and messenger force shall not exceed the amounts specifically allowed by Congress under the several lump appropriations, and that the Secretary of the Navy shall each year, in the annual estimates, report to Congress the number of persons so employed, their duties, and the amount paid to each. [35 Stat. L. 754.]

[Employees at navy yards and stations preference for reinstatements.] That persons employed in the clerical, drafting, and inspection force at navyyards and stations discharged for lack of work or insufficiency of funds shall for one year thereafter be preferred for employment in such navy-yards and stations in the clerical, drafting, inspection, and messenger forces; that section fifteen hundred and forty-five, Revised Statutes, and so much of section fifteen hundred and fifty-six of the Revised Statutes as relates to pay of clerks to commandants of navy-yards and naval stations, are hereby repealed. [35 Stat. L. 755.]

For R. S. secs. 1545 and 1556, see 5 Fed. Stat. Annot. 303, 316.

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[Discharged naval prisoners-transportation of transportation of civilian clothing.] That the Secretary of the Navy is hereafter authorized to transport to their homes or places of enlistment, as he may designate, all discharged naval prisoners; the expense of such transportation shall be paid out of any money that may be to the credit of prisoners when discharged; where there is no such money, the expense shall be paid out of money received from fines and forfeitures imposed by naval courts-martial: Provided further, That the Secretary of the Navy is hereby authorized to furnish naval prisoners upon discharge suitable civilian clothing in case, and only where, said discharged prisoners would otherwise be unprovided with suitable clothing to meet their immediate needs. [35 Stat. L. 756.]

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That the

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[Courts-martial prisoners commutation rations.] Secretary of the Navy is authorized to commute rations for such general courtsmartial prisoners in such amounts as seem to him proper, which may vary in accordance with the location of the naval prison, but which shall in no case exceed thirty cents per diem for each ration so commuted. [35 Stat. L. 767.] [Sales of stores to officers, men, and civilian employees.] * That hereafter such stores as the Secretary of the Navy may designate may be procured and sold to officers and enlisted men of the Navy and Marine Corps, also to civilian employees at naval stations beyond the continental limits of the United States and in Alaska, under such regulations as the Secretary of the Navy may prescribe. [35 Stat. L. 768]

Like provisions are contained in previous appropriation acts, see 34 Stat. L. 570, 34 Stat. L. 1192, 35 Stat. L. 146.

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[Report of secretary as to repairs on ships.] * That hereafter it shall be the duty of the Secretary of the Navy to report to Congress at the beginning of each regular session thereof, in addition to the report directed to be made in the Act of March second, nineteen hundred and seven, making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eight, and for other purposes, a detailed statement showing the amount expended from each of the appropriations for the repair of every ship where

such repairs exceed for any one ship the sum of two hundred thousand dollars in any one fiscal year. [35 Sat. L. 769.]

[Machinists- title of warrant machinists changed to - promotion to chief machinists- eligible to grade of ensign.] * * * The title of warrant machinist is hereby changed to machinist; and all machinists shall, after six years from date of warrant, be commissioned chief machinists, to rank with, but after, ensign, and shall, on promotion, have the same pay and allowances as are allowed chief boatswains, chief gunners, chief carpenters, and chief sailmakers, and no machinist shall be promoted until he shall have passed such examination before a board as the Secretary of the Navy may prescribe, and no warrant officer, heretofore or hereafter promoted six years from date of warrant, shall suffer a reduction in pay which, but for such promotion, would have been received by him: Provided, That chief boatswains, chief gunners, and chief machinists shall be eligible for appointment to the grade of ensign under the restrictions imposed by law upon the appointment of boatswains, gunners, and warrant machinists to that grade. [35 Stat. L. 771.]

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[Marine corps-settlement of traveling expense claims.] MARINE CORPS. * That hereafter the settlement of all traveling expense claims, where the payment of such is authorized by existing law, and the determination of distances and of what constitutes the shortest usually traveled route in the meaning of laws relating to traveling allowances, shall accord to such rules as the Secretary of the Navy may prescribe. [35 Stat. L. 774.]

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[Marine corps-restriction on extra-duty pay.] That hereafter extra-duty pay will not be allowed to enlisted men of the Marine Corps except when they are regularly detailed thereon by a written order of the commandant of the corps. [35 Stat. L. 776.]

NEGLIGENCE.

See RAILROADS.

NEUTRALITY.

Offenses Against, see PENAL LAWS.

NEW MEXICO.

Admission into Union, see STATES.
Courts in, see TERRITORIAL COURTS.

NEW YORK HARBOR.

See RIVERS, HARBORS, AND CANALS.

NIAGARA RIVER.

See RIVERS, HARBORS, AND CANALS.

NOBEL PRIZE.

See INDUSTRIAL PEACE FOUNDATION.

NOTARIES PUBLIC.

Act of June 28, 1906, Ch. 3585.

Acknowledgments of Deeds, etc., in Guam, Samoa, and Canal Zone-
Certificates.

An Act For the acknowledgment of deeds and other instruments in Guam, Samoa, and the Canal Zone to affect lands in the District of Columbia and other Territories.

[Act of June 28, 1906, ch. 3585, 34 Stat. L. 552.]

[Acknowledgments of deeds, etc., in Guam, Samoa, and Canal Zone - certificates.] That deeds and other instruments affecting land situate in the District of Columbia or any Territory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public: Provided, That the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other instruments affecting lands so situate, so acknowledged since the first day of January, nineteen hundred and five, and accompanied by such certificate shall have the same effect as such deeds or other instruments hereafter so acknowledged and certified. [34 Stat. L. 552.]