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FIFTY-EIGHTH CONGRESS, THIRD SESSION.
Feb. 6, 1905. CHAP. 453.–An Act To amend an Act approved July first, [H. R. 14623.) nineteen hundred and two, entitled “An Act temporarily to pro[Public, No. vide for the administration of the affairs of civil government in
43.) - the Philippine Islands, and for other purposes," and to amend an 33 Stats. I
H., Act approved March eighth, nineteen hundred and two, entitled pt. 1, p. 689.
"An Act temporarily to provide revenue for the Philippine Islands, and for other purposes,” and to amend an Act approved March second, nineteen hundred and three, entitled “An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," and to provide for the more efficient administration of civil government in the Philippine Islands, and for other purposes.
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Be it enacted by the Senate and Ilouse of Representatives Philippine Is- of the United States of America in Congress assembled, That lands, government' of all bonds issued by the government of the Philippine empt from tag: Islands, or by its authority, shall be exempt from taxaation.
tion by the Government of the United States, or by the government of the Philippine Islands or of any political or municipal subdivision thereof, or by any State, or by any county, municipality, or other municipal subdivision of any State or Territory of the United States, or by the
District of Columbia. Issue of SEC. 2. That for the purpose of providing funds to conlic improve-struct port and harbor works, bridges, roads, buildings for
provincial and municipal schools, court-houses, penal institutions, and other public improvements for the development of the Philippine Islands by the general government thereof, the said government is authorized from time to time to incur indebtedness, borrow money, and to issue and sell therefor (at not less than par value in gold coin of the United States) registered or coupon bonds of such denominations and payable at such time or times, not later than forty years after the date of the approval of this Act, as may be determined by said government, with interest thereon not to exceed four and one-half per
centum per annum: Provided, That the entire indebteddebtedness. ness of said government created by the authority con
ferred by this section shall not exceed at any one time the .. Approval by sum of five million dollars: And provided further, That
the law of said government creating the indebtedness and authorizing the issue of the bonds under this section shall be approved by the President of the United States.
SEC. 3. That section sixty-six of the Act of Congress approved July first, nineteen hundred and two, entitled “An Act temporarily to provide for the administration
Provisos. Maximum in
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of the affairs of civil government in the Philippine Islands, and for other purposes,” is hereby amended to read as follows:
“ Sec. 66. That for the purpose of providing funds to Municipal construct necessary sewer and drainage facilities, to se- l'ic improves cure a sufficient supply of water and necessary buildings ments. for primary public schools in municipalities, the government of the Philippine Islands may, where current taxation is inadequate for the purpose, under such limitations, terms, and conditions as it may prescribe, authorize, May issue by appropriate legislation, to be approved by the Presi- taxation is indent of the United States, any municipality of said adequate. islands to incur indebtedness, borrow money, and to issue and sell (at not less than par value in gold coin of the United States) registered or coupon bonds, in such amount and payable at such time as may be determined to be necessary by the government of said islands, with interest thereon not to exceed five per centum per annum: Provided, That the entire indebtedness of any munici. Proviso. pality shall not exceed five per centum of the assessed Limit of invaluation of the real estate in said municipality, and any obligations in excess of such limit shall be null and void.""
Sec. 4. That for the purpose of aiding in the construc- Aid to railtion, equipment, operation, and maintenance of such rail- roads. roads, using steam, electricity, or other power, in the Philippine Islands as the Philippine government may hereafter specifically authorize, the said government is empowered to enter into a contract of guaranty with any railroad company organized pursuant to the laws of said. Guaranty of government or of the United States or any State thereof bonds authorundertaking to construct, equip, operate, and maintain ize any such railroad, whereby the said government shall guarantee interest, at not exceeding four per centum per annum upon the first lien bonds to be issued by such com- Maximum in: pany, properly secured by mortgage or deed of trust upon lien bonds. the said railroad, its equipment, franchises, and other property, real, personal, and mixed, then owned and thereafter to be acquired.
Such contract of guaranty shall be signed on behalf of Conditions. said government by the governor-general thereof, and on behalf of the railroad company undertaking the construction, equipment, maintenance, and operation of said railroad by the chief officer thereof, thereunto duly authorized by the stockholders and directors of the same, and shall contain, among others, the following provisions:
First. That the total amount of bonds the interest, Bond issue upon which is to be guaranteed shall in no event exceed a mount in. the amount actually invested in cash in the construction vested. and equipment of such railroad, to be determined as hereinafter provided. Second. That no debt except as above provided shall be Priority of
government incurred by the said undertaking railroad company, its liens. successors or assigns, by which a lien shall be created
upon such railroad, its equipment or other property, prior to the lien of said government to secure the repayment of the interest paid by it under said guaranty without the
consent of the Congress. Time of con- Third. That the said railroad shall be constructed and
equipped within the time limited in the first instance by the Philippine government, or any extension of said time
granted by said government for good cause shown. Use of gross Fourth. That after the construction and equipment of
said railroad in accordance with the foregoing provisions and all others of the contract of guaranty, the railroad shall apply its gross earnings as follows: First, to the necessary operating expenses, including reasonable expenses of the corporation; second, to the necessary and ordinary repairs of said railroad and its equipment; third, to such betterments and extraordinary repairs of said railroad or equipment as may be first by the governor-general of the islands, in writing, expressly consented to; fourth, to the payment of the interest on the bonds, the interest on which to any extent shall have been guaranteed by the Philippine government under
this section. Execution of The contract of guaranty shall be in substance indorsed tract restrict- upon said bonds and signed by the treasurer of said gov"completion of ernment, and the said contract of guaranty shall not be certain mile-executed except upon satisfactory proof of the completion
of the railroad in sections of not less than twenty continuous miles each, and in such proportion, to be fixed from time to time by said government, as the actual capital invested in completed road and acquired equipment shall bear to the capital required for the completion and equipment of the entire road, to be determined by the said
government. Lien for in- All payments made under any such guaranty shall be
from the time the same are paid a lien upon said railroad . and its property then owned and thereafter to be acquired subject only to the lien of the mortgage or deed of trust executed to secure the bonds, the interest upon which shall have been so guaranteed, and the total sum paid under such guaranty shall at the expiration thereof be payable to said Philippine government upon demand, and in default of such payment the said lien shall be immediately forecloseable.
Provided, That in no event shall the total annual conof tingent liability of said government under the guaranties
authorized by this section at any time exceed the sum of one million two hundred thousand dollars, and no such guaranty. shall continue for a longer period than thirty
years. Supervision For the further security of the Philippine governover roads, etc. inent said government shall declare the proper rules for
ascertaining clearly the cash capital actually invested in said railroads and the net income actually received on
a mount of guaranty.
ceipts and expenditures
preme Court ver a ided
said capital so invested, and shall provide for supervision by said Philippine government, through the auditing, engineering and railroad bureaus thereof and by such other agencies as may be fixed by law, of the conduct of the finances of the road, and of its location, construction, operation, and maintenance.
The Philippine government shall appoint two mem- Appointment bers of the board of directors of any undertaking com- of directors. pany the interest on whose bonds shall be guaranteed as provided in this section.
Each such railroad company shall make such reports Reports of refrom time to time as to its receipts and expenditures, in ce such form and substance and sworn to by such officials, as may be prescribed by the Philippine government.
The supreme court of the Philippine Islands shall have Powers of suoriginal and exclusive jurisdiction in all actions, proceed-D ings or suits at law or in equity brought by the Philip- roads. pine government against any person or corporation involving the construction of this section or any right existing under, duty enjoined or act prohibited by said section or any contract made in pursuance thereof; and jurisdiction is hereby vested in the supreme court to make such order, to enter such judgment or decree and to take such proceedings in enforcement thereof as may be proper. During the vacations of said court the chief justice or any judge thereof shall have all the power to grant restraining orders, orders of injunction, to appoint receivers, or to do any other act under authority herein granted, that a judge of a court of general jurisdiction may do in the vacation of court.
Section seventy-four of an Act entitled “ An Act tem- Franchise porarily to provide for the administration of the affairs grants. of civil government in the Philippine Islands, and for other purposes," approved July first, nineteen hụndred and two, so far as the same is not in conflict with the provisions of this section, is hereby made applicable to the corporations the interest upon whose bonds or any part thereof shall be guaranteed under the provisions hereof.
SEC. 5. That material imported into the Philippine Construction, Islands for the construction and equipment of railroads admited free of therein may, in the discretion of the general government duty. of said islands, under rules and regulations to be by it prescribed, be admitted free of duty.
Sec. 6. That the immigration laws of the United States Immigration. in force in the Philippine Islands shall be administered an by the officers of the general government thereof desig-by Philippine nated by appropriate legislation of said government, and all moneys collected under said laws as duty or head tax on alien immigrants coming into said islands shall not be covered into the general fund of the Treasury of the Use of funds. United States, but shall be paid into the treasury of said islands to be used and expended for the government and benefit of said islands.
Laws to be administered etc.
general to be title of civil governor.
Sup r e me SEC. 7. That the government of the Philippine Islands Court.
P a yoris hereby authorized to prescribe the compensation for judges.
the chief justice and associate justices of the supreme court of the islands, not to exceed ten thousand five hun
dred dollars for the chief justice and ten thousand dollars Vacancies, for each associate justice per annum. Whenever, by rea
son of temporary disability of any judge of the supreme court or by reason of vacancies occurring therein, a quorum of the court shall not be present for business the governor-general of said islands is authorized to designate a judge or judges of the court of first instance in the islands to sit and act temporarily as a judge or judges of
the supreme court in order to constitute a quorum of said Traveling ex- supreme court for business. If a judge so designated
shall not have his usual place of residence at the city of Manila, he shall be allowed his traveling expenses from his usual place of residence to Manila and return and the sum of ten pesos, Philippine currency, a day for the period during which he is engaged in the supreme court, the period to be calculated from the time he leaves his
usual place of residence until his return from Manila. Governor. SEC. 8. That the civil governor of the Philippine
i v lf Islands shall hereafter be known as the governor-general
of the Philippine Islands. Mineral Sec, 9. That sections twenty-two, twenty-three, twenty
four, twenty-five, twenty-nine, thirty-one, thirty-six, thirty-seven, thirty-nine, fifty-three, and fifty-eight of the Act of Congress approved July first, nineteen hundred and two, entitled “An Act temporarily to provide for the administration of the affairs of civil government
in the Philippine Islands, and for other purposes," being Measure; provisions of said Act respecting mineral lands, are to metric sys- hereby amended by reducing all measurements therein,
whether of distance, area, or value, to the metric system,
to wit, feet to meters, acres to hectares, miles to kilomeValues to pe- ters, and also dollars to pesos, so that said sections as
amended shall read as follows: . off“ SEC. 22. That mining claims upon land containing
veins or lodes of quartz or other rock in place-bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits located after the passage of this Act, whether located by one or more persons qualified to locate the same
under the preceding section, shall be located in the followRegulations. ing manner and under the following conditions: Any per
son so qualified desiring to locate a mineral claim shall, subject to the provisions of this Act with respect to land which may be used for mining, enter upon the same and locate a plat of ground measuring, where possible, but not exceeding three hundred meters in length by three hundred meters in breadth, in as nearly as possible a rectangular form; that is to say, all angles shall be right angles, except in cases where a boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional.