Question & AnswerQ&A (Act No. 1130)
The main purpose of Act No. 1130 is to prevent the failure of military justice by penalizing persons who refuse or neglect to appear, testify, or produce evidence when duly subpoenaed as witnesses before a general court-martial of the United States Army in the Philippine Islands.
The Act applies to every person not belonging to the Army of the United States who is duly subpoenaed to appear as a witness before a general court-martial of the U.S. Army in the Philippine Islands.
The penalties include a fine of not more than five hundred dollars (U.S. currency), imprisonment not to exceed six months, or both, at the discretion of the court.
A subpoenaed person is required to appear before the general court-martial, qualify as a witness, testify, and produce documentary evidence if legally subpoenaed to do so.
The proper fiscal or prosecuting officer is responsible for filing a complaint and prosecuting the person upon certification of the facts by the general court-martial.
Yes, witnesses are to be tendered one dollar and fifty cents (U.S. currency) for each day's attendance, and five cents per mile (U.S. currency) for travel to and from their place of residence to the place of trial or hearing.
No, no witness can be compelled to incriminate themselves or to answer any question that may tend to incriminate them.
The Act pertains to general courts-martial of the United States Army.
The Act took effect upon its passage on April 28, 1904.
Yes, Section 2 states that the public good requires the speedy enactment of the bill, and its passage is expedited in accordance with the procedural Act passed on September 26, 1900.