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takes any such oath or engagement, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding five years, or both.

SEC. 13. Any person who under such compulsion as would otherwise excuse him offends against either of the last two preceding sections shall not be excused thereby unless within the periods hereinafter stated he declares the same, and what he knows touching the same, and the persons by whom such oath or obligation or engagement was administered or taken, by information upon oath before a justice of the peace, judge of a court of first instance, or provincial fiscal of the municipality or province in which such oath or engagement was administered or taken. Such declaration may be made by him within fourteen days after the commission of the offense, or, if he is hindered from making it, by actual force or sickness, then within eight days after cessation of such hindrance, or on his trial, if that happens before the expiration of either of those periods.

SEC. 14. Any person who shall have taken any oath before any military officer of the Army of the United States or before any officer under the civil government of the Philippine Islands, whether such official so administering the oath was specially authorized by law so to do or not, in which oath the affiant in substance engaged to recognize or accept the supreme authority of the United States of America in these islands, or to maintain true faith and allegiance thereto, or to obey the laws, legal orders, and decrees promulgated by its duly constituted authorities, and who shall, after the passage of this act, violate the terms and provisions of such oath or any of such terms or provisions, shall be punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding ten years, or both.

SEC. 15. The provisions of this act shall not apply to the organized provinces of Batangas, Cebú and Bohol, nor to any province where civil government has not been established, so long as insurrection against the authority of the United States exists therein, unless the Commanding General of the Army of the United States, Division of the Philippines, shall authorize and direct prosecutions in the civil courts in such territories for offenses under this act, in which event it shall apply.

SEC. 16. All laws and parts of laws now in force, so far as the same may be in conflict herewith, are hereby repealed; provided, that nothing herein contained shall operate as a repeal of existing laws in so far as they are applicable to pending actions or existing causes of actions, but as to such causes of actions, or pending actions, existing laws shall remain in full force and effect, this act being entirely prospective.

SEC. 17. A foreigner, residing in the Philippine Islands, who shall commit any of the crimes specified in the preceding sections of this act except those specified in sections 1 and 2 shall be punished in the same way and with the same penalty as that prescribed for the particular crime therein.

SEC. 18. This act shall take effect on its passage.
Enacted November 4, 1901.

WAR DEPARTMENT,

OFFICE OF THE SECRETARY,

DIVISION OF INSULAR AFFAIRS.

REPORT ON ACT NO. 292, PHILIPPINE COMMISSION, ENTITLED "AN ACT DEFINING THE CRIMES OF TREASON, INSURRECTION, SEDITION, CONSPIRACIES TO COMMIT SUCH CRIMES, SEDITIOUS UTTERANCES, WHETHER WRITTEN OR SPOKEN, THE FORMATION OF SECRET POLITICAL SOCIETIES, THE ADMINISTERING

OR TAKING OF OATHS TO COMMIT CRIMES OR TO PREVENT

THE DISCOVERING OF THE SAME, AND THE VIOLATION

OF OATHS OF ALLEGIANCE, AND PRESCRIBING
PUNISHMENT THEREFOR."

Submitted by CHARLES E. MAGOON,

LAW OFFICER, DIVISION OF INSULAR AFFAIRS, WAR DEPARTMENT.

COMPARISON OF THE PROVISIONS OF ABOVE-ENTITLED ACT WITHI
SIMILAR ENACTMENTS IN THE UNITED STATES.

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ACT No. 292 of Philippine Commission, entitled "An act defining the crimes of treason, insurrection, sedition, conspiracies to commit such crimes, seditious utterances whether written or spoken, the formation of secret political societies, the administering or taking of oaths to commit crimes or to prevent the discovering of the same, and the violation of oaths of allegiance, and prescribing punishment therefor."

COMPARISON OF THE PROVISIONS OF ABOVE ENTITLED ACT WITH SIMILAR STATUTES ENACTED IN THE UNITED STATES.

Act No. 292, Philippine Commis- Laws of the United States. (Rev.

sion.

SECTION 1. Every person, resident in the Philippine Islands, owing allegiance to the United States or the government of the Philippine Islands, who levies war against them, or adheres to their enemies, giving them aid and comfort within the Philippine Islands or elsewhere, is guilty of treason, and, upon conviction, shall suffer death, or, at the discretion of the court, shall be imprisoned at hard labor for not less than five years and fined not less than ten thousand dollars.

SEC. 2. Every person, owing allegiance to the United States or the government of the Philippine Islands and having knowledge of any treason against them or either of them, who conceals, and does not, as soon as may be, disclose and make known the same to the provincial governor in the province in which he resides, or to the civil governor of the islands, or to some

Stats. of United States.)

SEC. 5331. Every person owing allegiance to the United States who levies war against them, or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.

SEC. 5332. Every person guilty of treason shall suffer death; or, at the discretion of the court, shall be imprisoned at hard labor for not less than five years, and fined not less than ten thousand dollars, to be levied and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States.

SEC. 5333. Every person, owing allegiance to the United States and having knowledge of the commission of any treason against them, who conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason,

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judge of a court of record, is guilty of misprision of treason, and shall be imprisoned not more than seven years and be fined not more than one thousand dollars.

SEC. 3. Every person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or of the government of the Philippine Islands, or the laws thereof, or who gives aid or comfort to anyone so engaging in such rebellion or insurrection, shall, upon conviction, be imprisoned for not more than ten years and be fined not more than ten thousand dollars.

SEC. 4. If two or more persons conspire to overthrow, put down, or destroy by force the Government of the United States in the Philippine Islands or the government of the Philippine Islands, or by force to prevent, hinder, or delay the execution of any law of the United States or of the Philippine Islands, or by force to seize, take, or possess any property of the United States or of the government of the Philippine Islands contrary to the authority thereof, each of such persons shall be punished by a fine of not more than five thousand dollars, and by imprisonment, with or without hard labor, for a period not more than six years.

SEC. 5. All persons who rise publicly and tumultuously in order to attain by force or outside of legal methods any of the following objects, are guilty of sedition:

PAR. 1. To prevent the promulgation or execution of any law or the free holding of any popular election.

and shall be imprisoned not more than seven years and fined not more than one thousand dollars.

SEC. 5334. Every person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States, or the laws thereof, or gives aid or comfort thereto, shall be punished by imprisonment not more than ten years, or by a fine of not more than ten thousand dollars, or by both of such punishments; and shall, moreover, be incapable of holding any office under the United States.

SEC. 5336. If two or more persons in any State or Territory conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof; or by force to prevent, hinder, or delay the execution of any law of the United States; or by force to seize, take, or possess any property of the United States contrary to the authority thereof; each of them shall be punished by a fine of not less than five hundred dollars and not more than five thousand dol lars; or by imprisonment, with or without hard labor, for a period not less than six months nor more than six years, or by both such fine and imprisonment.

SEC. 5506. Every person who, by any unlawful means, hinders, delays, prevents, or obstructs, or combines and confederates with others to hinder, delay, prevent, or obstruct any citizen from doing any act required to be done to qualify him to vote, or from voting at any election in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be fined not less than five hundred dollars, or be imprisoned not less than one month

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