Page:United States Statutes at Large Volume 35 Part 1.djvu/652

 SIXTIETH CONGRESS. Sess. II. Ch. 146. 1909. 635 nor shall any officer or enlisted man be liable to civil or criminal prosecution or any act done while in the discharge of his military · uty. ~ "Suo. 59. That the jurisdiction of the courts and boards established Jurisdiction m be by this Act shall be presumedyand the burden of proof shall rest on *"°°"“‘°°‘ any person asking to oust such courts or boards of jurisdiction in any action or procee mgs. "S1:o. 60. That every person not beloto the National Guard W*¢¤¤¤¤¤¤- of the District of Columbia who, being duly subpcenaed to appear as a witness before the military courts herein provided for, willfully neglects or refuses to appear, or refuses to qualify as a witness or to F~¤f¤¤¤¤ w ·1¤¤¤fvtestify or produce documentary evidence which such person may °°°°' have been egallylsubpoenaed to produce, shall be guilty of a misdemeanor, for w `ch such person shall be punished on mformation in the criminal courts of the District of Columbia, and it shall be the duty of the United States attorney for the District of Columbia, on certification of the facts to him by an military court herein provided for, to file an information against ant? prosecute the person so offending and the punishmentofsuch person on conviction shall be by a P°°°“Y· line of not more than one hundred dollars, or im risonment not ex- thirty days, or both, at the discretion of the court: Provided, f§'{,‘;fgg,*';,mS That t is section shall not apply to persons residing beyond the limits ` of the District of Columbia, and that the fees of such witness and his mileage at the rate provided for witnesses in the United States district court in said District shall be duly paid or tendered said witness: And provided, That no witness shall be compelled to incriminate him- mf,';;**m*¤°“”¤ ‘°°“‘ self or to answer any questions which may tend to criminate or degrade ` him. "Smo. 61. That the sentences of said courts, whether of fine or S°°°°"°°" imprisonment, shall be executed by the United States marshal for the District of Columbia in the same manner as are sentences of the criminal courts of said District. ` "SEc. 62. That whenever it shall appear to a regularly constituted Offggaggf *°' **"*” court-martial convened under the provisions of this Act that the ` accused, having been duly ordered or summoned to appear before such court-martial for trial, has refused or neglected so to appear, such court-martial shall issue a warrant or attachment for the arrest of the accused, directed to the United States marshal for the District of Columbia, who shall forthwith execute said warrant or attachment, make proper return thereof to such court-martial, and produce to such coiu·t-martial the body of the accused, if_ within the District of Columbia, and to retain the custody thereof and continue so to produce said bod r during the sessions of such court-martial until the conclusion of the trial, unless sooner discharged by said court-martial." V0, ,5 Pp_ ,.,9 ,,,0 Strike out all of sections fift *—two, fifty-three, and fifty-four. umenheai' Change number of section fifty-five to "sixty-three." Q t. b H Change the number of section fifty-six to "sixty-four," and amend chffgthl Mm ° it to read as follows: _ " Sec. 64. That during the annual encampment, and on every duty §',‘{‘f,‘§§1“§',}’§¥;·m ,,_ on arade ordered b r the commanding general, there shall be a lowed mem- smand) paid for each dyay of service: To each member of the regularly enlisted bands, four dollars; to the chief musicians, eight dollars; and nQ_’§,l;M2P* *’· "’°· to the principal musicians, six dollars. In event there is no enlisted band or field music, or not a sufficient number of either, the commanding general may authorize the em loyment of such as he may deem necessary for t 16 occasion: ProvLd)ed, That the total pay of enlisted musicians shall not in any event exceed the rates aut iorized by this section." Change the number of section fifty-seven to " sixty-five.” c,,€,§Q§}f’“ "“'“b°'