An Act to Prevent the Failure of Military Justice
Act No. 1130, enacted on April 28, 1904, establishes penalties for individuals in the Philippine Islands who fail to comply with subpoenas to appear as witnesses before a U.S. Army general court-martial. Those who willfully neglect or refuse to testify or produce evidence may face fines up to $500, imprisonment for up to six months, or both. Witnesses are entitled to daily attendance fees and travel reimbursements but cannot be compelled to incriminate themselves. The act emphasizes the need for swift justice and takes effect immediately upon passage.
Law Information
- Reference Number
- Act No. 1130
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 28, 1904
ACT NO. 1130
AN ACT TO PREVENT THE FAILURE OF MILITARY JUSTICE
SECTION 1. Every person not belonging to the Army of the United States, who, in the Philippine Islands, being duly subpoenaed to appear therein as a witness before a general court-martial of said Army, wilfully 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 punished by a fine of not more than five hundred dollars, United States currency, or imprisonment not to exceed six months, or both, at the discretion of the court, and it shall be the duty of the proper fiscal or prosecuting officer, on the certification of the facts to him by the general court-martial, to file in the proper court a complaint against and prosecute the person so offending: Provided, That one dollar and fifty cents, United States currency, for each day's attendance, and five cents, United States currency, per mile for going from his place of residence to the place of trial or hearing and five cents per mile for returning, shall be duly tendered to said witness: Provided further, That no witness shall be compelled to incriminate himself or to answer any question which may tend to incriminate him. ScHADI
SECTION 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SECTION 3. This Act shall take effect on its passage.
ENACTED, April 28, 1904.
Cite This Law
An Act to Prevent the Failure of Military Justice, Act No. 1130, Apr 28, 1904 (Philippines)
An Act to Prevent the Failure of Military Justice, Act No. 1130 (Phil. 1904)
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