Sec. 12.1 PART 12—PROCEEDINGS IN CIVIL COURTS Sec. on bail. Delivery of men to civil author- 12.12 Men released by civil authorities ities. 12.4 Delivery of men to state author- 12.13 Service of subpena or other procities for trial. ess on a person in the Navy. 12.10 Naval prisoners wanted by civil 12.15 Production of documents in civil authorities. court in response to a subpena duces tecum. 12.11 Naval prisoners as witnesses or parties in civil courts. 12.24 Habeas corpus proceedings; State courts. Section 12.1 Delivery of men to civil authorities. In no case will commanding officers of vessels or shore stations of the Navy or Marine Corps deliver to the civil authorities, State or Federal, any person in their custody or under their control without first communicating with the Secretary of the Navy and awaiting his instructions. The Secretary of the Navy will promptly issue the necessary orders in the case or make request upon the Attorney General, in accordance with 5 U.S.C. 5, to furnish such legal assistance to the commanding officer concerned as the interests of the United States involved in such case may demand.** *§§ 12.1 to 12.15, inclusive, issued under the authority contained in R.S. 1547; 34 U.S.C. 591. In §§ 12.1 to 12.24, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Appendix C, Naval Courts and Boards, 1937, Navy Department, effective July 1, 1937. 12.4 Delivery of men to state authorities for trial. In every case in which the Secretary of the Navy authorizes the delivery of any person in the Navy or Marine Corps to the civil authorities of a State, for trial, such person's commanding officer will, before making such delivery, obtain from the Governor or other duly authorized officer of such State a written agreement that he will be informed of the outcome of the trial and that the person so delivered will be returned to the naval authorities at the place of his delivery or issued transportation to the nearest receiving ship (or marine barracks in the case of Marines) without expense to the United States or to the person delivered immediately upon the completion of his trial for the alleged misconduct which occasioned his delivery to the civil authorities, in the event that he is acquitted upon said trial, or immediately upon satisfying the sentence of the court in the event that he is convicted and a sentence imposed, or upon other disposition of his case, provided that the naval authorities shall then desire his return.** 12.10 Naval prisoners wanted by civil authorities. In any case in which the delivery of a person in the Navy or Marine Corps for trial is desired by the civil authorities, Federal or State, and such person is a naval prisoner (which includes any person serving sentence of court martial or in custody awaiting trial by court martial or disposition of charges against him), he will not, in general, be delivered to the Federal or State authorities until he has served the sentence of the naval court martial, or his case has otherwise been **For statutory and source citations, see note to § 12.1. Page 199 finally disposed of by the naval authorities. However, if the Federal or State authorities desire the surrender of the party under the above circumstances upon a serious charge, such as felonious homicide, and the interests of justice would be better served by his delivery, the Secretary of the Navy may, in his discretion, discharge the man from naval custody and from his contract of enlistment and deliver him to the civil authorities for trial.*† 12.11 Naval prisoners as witnesses or parties in civil courts. If the Federal or State authorities desire the attendance of a naval prisoner as a witness in a criminal case pending in a civil court, upon the submission of such a request to the Secretary of the Navy, authority will be given in a proper case for the production of the man in court without resort being had to a writ of habeas corpus ad testificandum. The Department, however, will not authorize the attendance of a naval prisoner in a Federal or State court, either as a party or as a witness in private litigation pending before such court, as in such cases the court may grant a postponement or a continuance of the trial; but the Department will allow the deposition of such naval prisoner to be taken in the case.*† 12.12 Men released by civil authorities on bail. Where a person in the Navy or Marine Corps is arrested by the Federal or State authorities for trial and returns to his ship or station on bail, the commanding officer may grant him leave of absence to appear for trial on the date set upon an official statement by the judge, prosecuting attorney, or clerk of the court, reciting the facts, giving the date on which the appearance of the man is required, and the approximate length of time that should be covered by such leave of absence.** 12.13 Service of subpena or other process on a person in the Navy. Commanding officers afloat or ashore are authorized to permit the service of subpena or other process upon the person named therein, provided such person is within the jurisdiction of the court out of which the process issues, but such service will not be allowed without permission of the commanding officer first being obtained. Where the person in the naval service is on board ship or at a naval station beyond the jurisdiction of the court, it is necessary that the process be presented to the man's commanding officer who will deliver the process to the person named therein and inform him that, if he is willing voluntarily to accept such service, he should indicate his acceptance in the manner provided. In the event the man declines to accept service, the commanding officer will return said warrant with a statement to that effect. In cases in which service by mail is legally sufficient, the papers may be addressed to the man.*† 12.15 Production of documents in civil court in response to a subpena duces tecum. Unless authorized by the Secretary of the Navy, persons in the naval service and civil employees are prohibited from producing official records or copies thereof in a civil court in answer to subpenas duces tecum, or otherwise, and from disclosing the information described in article 113,19 Navy Regulations, or the secret 19 Article 113, Navy regulations, is available at the Office of the Chief of Naval Operations, Navy Department. Page 200 **For statutory and source citations, see note to § 12.1. and confidential correspondence and information described in article 2005,20 Navy regulations. In all cases where copies of records are desired by or on behalf of parties to a suit, whether in a Federal or State court, such parties will be informed that it has been the invariable practice of the Navy Department to decline to furnish in the case of legal controversies, at the request of the parties litigant, copies of papers or other information to be used in the course of the proceedings, or to grant permission to such parties or their attorneys to make preliminary or informal examination of the records, but that the department will promptly furnish copies of papers or records in such cases upon call of the court before which the litigation is pending. In all cases where the production of records in civil courts is authorized, the original records are not to leave the custody of the person producing them. However, copies of such records may be introduced into evidence.*† 12.24 Habeas corpus proceedings; State courts. State courts have no jurisdiction in habeas corpus proceedings to order the discharge of any person held by an officer of the Navy or Marine Corps by authority of the United States; however, in the event that a writ of habeas corpus should be issued by a State court to a commanding officer of the Navy or Marine Corps, afloat or ashore, the Secretary of the Navy will be communicated with immediately in accordance with section C-3;21 and should instructions not be received by the commanding officer from the Secretary of the Navy by the time specified in the writ, or if no definite time be specified therein, within 3 days after the service of the writ, the officer upon whom the writ is served will make return thereto in accordance with the instructions in the preceding section 22 without producing the body of the accused in court. (27 How. 506)*+ NUTS WAREHOUSES: See Agriculture, 7 CFR Part 107. OFFICE OF EDUCATION, DEPARTMENT OF THE INTERIOR: See Public Welfare, 45 CFR Chapter I. OFFICE OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR: See Indians, 25 CFR Chapter I. OFFICE OF THE COMMISSIONER OF ACCOUNTS AND DEPOSITS, DEPARTMENT OF THE TREASURY: See Money and Finance: Treasury, 31 CFR Chapter II. OFFICE OF THE COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY: See Banks and Banking, 12 CFR Chapter I. OFFICE OF THE SECRETARY OF AGRICULTURE: See Agriculture, 7 CFR Subtitle A. OFFICE OF THE SECRETARY OF COMMERCE: See Commerce, 15 CFR Subtitle A. OFFICE OF THE SECRETARY OF THE INTERIOR: See Public Lands: Interior, 43 CFR Subtitle A. OFFICE OF THE SECRETARY OF LABOR: See Labor, 29 CFR Subtitle A. OFFICE OF THE SECRETARY OF THE TREASURY: See Money and Finance: Treasury, 31 CFR Subtitle A. 20 Article 2005, Navy regulations, is available at the Office of the Chief of Naval Operations, Navy Department. 21 Section C-3 is available at the Office of the Judge Advocate General. 22 Preceding section refers to section c23 of Naval Courts and Boards. This is available at Office of Judge Advocate General. *For statutory and source citations, see note to § 12.1. Page 201 OFFICE PERSONNEL: See Navy, 34 CFR Part 2. OFFICERS' RESERVE CORPS: See Army: War Department, 10 CFR Part 61. OIL CONSERVATION: See Mineral Resources, 30 CFR Chapter IV. OIL, GAS, AND GASOLINE TAXES: See Internal Revenue, 26 CFR Parts 8, 130, 306, 308, 309. OIL LEASES, ETC., INDIAN LANDS: See Indians, 25 CFR Parts 180, 183, 186, 189, 192, 195. OIL LEASES, PERMITS, ETC., PUBLIC LANDS: See Public Lands: Interior, 43 CFR Parts 66, 69, 71, 191, 192, 197. OIL OPERATING AND SAFETY REGULATIONS: See Mineral Resources, 30 CFR Parts 221, 231. OLD-AGE BENEFITS: See Employees' Benefits, 20 CFR Part 402. OLEOMARGARINE TAXES: See Internal Revenue, 26 CFR Parts 310, 450, 451. ONIONS GROWN IN UTAH: See Agriculture, 7 CFR Part 914. OPIUM: See Food and Drugs, 21 CFR Chapter II. OPIUM MANUFACTURE FOR SMOKING PURPOSES, TAX: See Internal Revenue, 26 CFR Part 150. ORANGES AND GRAPEFRUIT GROWN IN CALIFORNIA AND ARIZONA: See Agriculture, 7 CFR Part 902. OREGON REVESTED AND RECONVEYED LANDS: See Public Lands: Interior, 43 CFR Part 115. PACIFIC HALIBUT FISHERIES: See Wildlife, 50 CFR Part 301. PACKERS AND STOCKYARDS: See Animals and Animal Products, 9 CFR Parts 201-204. Page 202 6 Alcoholic beverages 7 Boxing or sparring exhibitions 8 Carrying and keeping of arms; hunting 9 Customs Service Part 14 Keeping and impounding of domestic animals 16 Narcotics; application and enforcement of Harrison Act 17 Postal Service 18 Protection of birds and their nests 21 Public lands; military and naval reservations 22 Public roads; vehicles and vehicular traffic 10 Exclusion and deportation of per- 23 Purchase of supplies sons 11 Finance 12 Inspection of vessels 13 Judiciary Sec. 24 Sanitation, health, and quarantine 25 Seamen 26 Taxes and licenses 27 Tolls for use of Canal EDITORIAL NOTE: For list of abbreviations used in this chapter, see note to § 1.1. PART 1-GENERAL PROVISIONS 1.1 Definition of terms. 1.2 Flag of Governor. 1.3 Military and naval forces to assist Governor in protecting Canal. Sec. 1.4 Madden Lake area declared part of Canal Zone. Section 1.1 Definition of terms. As used in this chapter unless the context otherwise requires: (a) "Canal Zone Code" shall mean the Canal Zone Code approved June 19, 1934 (48 Stat. 1122). (b) "Governor" shall mean the Governor of The Panama Canal. ABBREVIATIONS: The following abbreviations are used in this chapter: 1.2 Flag of Governor. The Governor shall have a distinctive flag for use in his official capacity. (a) This flag shall be made in two dimensions, as follows: large flag, 6 ft. hoist, by 7 ft. 6 in. fly; small flag, 2 ft. hoist by 2 ft. 6 in. fly. The body of the flag shall be dark blue. In the center of the flag shall be a white circle, the diameter of which shall be approximately one half of the fly length of the flag. In the center of the circle, on each side of the flag, shall be the Seal of the Canal Zone, of which the following is a description: The seal consists of a shield, showing in base a Spanish galleon of the Fifteenth Century under full sail coming head on be Page 1 [793] |