Page:United States Statutes at Large Volume 58 Part 1.djvu/664

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PUBLIC LAWS--CI 326--JUNE 30, 1944 jurisdiction within the United States, it shall be lawful for any person in the civil, military, or naval establishments of the United States having authority to arrest, summarily to arrest any member of such force designated in such request and to deliver him to the custody of any officer of such force or to the custody of the military or naval authorities of the United States who shall deliver him forth- with to the custody of an officer of such force, for trial in such service courts within the United States for such offenses as shall lie within the jurisdiction of the service courts of such friendly foreign force: TL Provided, That the trial of. any member of such friendly foreign force for an offense against a member of the civilian population shall be in open court (except where security consideration forbids), shall take place promptly in the United States and within a reason- able distance from the place where the offense is alleged to have been committed, for the convenience of witnesses. ATTENDANCE OF WITN7ESS quirmng appearan'd SEa 3. (a) Any district court of the United States, or the United obefore ie coart. States courts of any Territory or possession, or any court of first instance of the Philippine Commonwealth, or the District Court of the United States for the District of Columbia, within the jurisdiction of which proceedings are had before any service court of a friendly foreign force, or within the jurisdiction of which any person is found, shall have jurisdiction, upon application made by a service court of a friendly foreign force, to issue to such person an order requiring him to appear before the service court or an officer desig- nated to take a deposition for use before such service court and oSSaf- to obey there to produce evidence or give testimony if so ordered. Any failure to obey such order of the court may be punished by said witn es ees nd court as a contempt thereof: Provided, That the fees of such witnesses and the mileage at the rate allowed to witnesses attending the courts of the United States should be duly paid or tendered in advance to such witnesses, with funds to be supplied by the friendly foreign force. Except as expressly permitted by the court, in its discretion, no such order shall run into any other district. wserL f ae (b) Attendance of witnesses in the armed services of the United States shall be obtained by request addressed to the discretion of the commanding officer of the person whose testimony is required. FP etiUmonyeto (c) Persons subject to the jurisdiction of the United States, who are not members of a friendly foreign force, who shall give false testimony or shall commit any act in the presence of a service court of a friendly foreign force which, if committed before a court of the United States, would be in contempt thereof, shall upon convic- tion by a court of the United States be fined not more than $2,000 or imprisoned for not more than six months, or both. IMMUrNITrES OF coUBIT AND WITNESSES SEa. 4. Members of any service court of a friendly foreign force lawfully exercising jurisdiction in the United States in relation to members of such force, and any witnesses appearing before such service court, shall enjoy the same immunities and privileges as are enjoyed by members of a court martial of the United States and by witnesses appearing before such a court martial. Places of detention. HIMPISONMENT SEc. 5 . Persons sentenced to imprisonment by a service court of a friendly foreign force may be confined in disciplinary barracks, [58 STAT.