Time of construction. Use of gross earnings. guaranty con tract ed. age required. 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. 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. 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 restrict upon said bonds and signed by the treasurer of said govCompletion 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 interest paid. Default. Proviso. amount guaranty. on Supervision 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 contingent 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. For the further security of the Philippine governover roads, etc. ment 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 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. Appointment The Philippine government shall appoint two members 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. penditures Each such railroad company shall make such reports Reports of refrom time to time as to its receipts and expenditures, in ceipts and exsuch form and substance and sworn to by such officials, as may be prescribed by the Philippine government. court aided The supreme court of the Philippine Islands shall have Powers of suoriginal and exclusive jurisdiction in all actions, proceed-over 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 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. be Franchise Section seventy-four of an Act entitled "An Act temporarily to provide for the administration of the affairs grants. of civil government in the Philippine Islands, and for other purposes," approved July first, nineteen hundred 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. etc., material 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. administered officials. SEC. 6. That the immigration laws of the United States Immigration. in force in the Philippine Islands shall be administered,Laws to be 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. Court. Pay judges. etc. Suprem e SEC. 7. That the government of the Philippine Islands ofis hereby authorized to prescribe the compensation for the chief justice and associate justices of the supreme court of the islands, not to exceed ten thousand five hundred dollars for the chief justice and ten thousand dollars Vacancies, for each associate justice per annum. Whenever, by reason 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. penses. Governor SEC. 8. That the civil governor of the Philippine general to be Islands shall hereafter be known as the governor-general governor. of the Philippine Islands. title of civil Mineral lands. SEC. 9. That sections twenty-two, twenty-three, twentyfour, 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: ments reduced tem. So. Locating of mineral claims. "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 person 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. 300 m. In defining the size of a mineral claim it shall be measured horizontally, irrespective of inequalities of the surface of the ground. "SEC 23. That a mineral claim shall be marked by two posts, placed as nearly as possible on the line of the ledge. or vein, and the posts shall be numbered one and two, and the distance between posts numbered one and two shall not exceed three hundred meters, the line between posts numbered one and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon post numbered one there shall be written, in addition to the foregoing, 'Initial post,' the approximate compass bearing of post numbered two, and a statement of the number of meters lying to the right and to the left of the line from post numbered one to post numbered two, thus: 'Initial post. Direction of post numbered two on the right and meters of this claim lie meters on the left of the line from number one to number two post.' All the particulars required to be put on number one and number two posts shall be furnished by the locator to the provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim. Demarcation of claims. of claims. "SEC. 24. That when a claim has been located the holder Marking lines shall immediately mark the line between posts numbered one and two so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, on which shall be written 'Discovery post: Provided, That when the claim is surveyed the surveyor shall be guided by the records of the claim, the sketch plan on the back of the declaration made by the owner when the claim was recorded, posts numbered one and two, and the notice on number one, the initial post. 66 EXAMPLES OF VARIOUS MODES OF LAYING OUT CLAIMS. Proviso. Examples of laying out claims. Removal of posts unlawful. Fractional claims. 66 SEC. 25. That it shall not be lawful to move number one post, but number two post may be moved by the deputy mineral surveyor when the distance between posts numbered one and two exceeds three hundred meters, in order to place number two post three hundred meters from number one post on the line of location. When the distance between posts numbered one and two is less than three hundred meters, the deputy mineral surveyor shall have no authority to extend the claim beyond number two." 66 SEC. 29. That no mineral claim which, at the date of Declaration. its record, is known by the locator to be less than a fullsized mineral claim, shall be recorded without the word 'fraction' being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the applicant or some person on his behalf cognizant of the facts: That the legal posts and notices have been put up; that mineral has been found in place on the fractional claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant and the date of the location of the Description. claim. The words written on the posts numbered one Innocent non and two shall be set out in full, and as accurate a description as possible of the position of the claim given. Sketch plan. A sketch plan shall be drawn by the applicant on the back of the declaration, showing as near as may be the position of the adjoining mineral claims and the shape and size, expressed in meters, of the claim or fraction Proviso. desired to be recorded: Provided, That the failure on compliance the part of the locator of a mineral claim to comply with any of the foregoing provisions of this section shall not be deemed to invalidate such location if, upon the facts, it shall appear that such locator has actually discovered mineral in place on said location and that there has been on his part a bona fide attempt to comply with the provisions of this Act, and that the nonobservance of the formalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity." with regulations. Recording claims. "SEC. 31. That every person locating a mineral claim shall record the same with the provincial secretary, or such other officer as by the government of the Philippine Islands may be described as mining recorder of the district within which the same is situate, within thirty days after the location thereof. Such record shall be made in a book to be kept for the purpose in the office of the said provincial secretary or such other officer as by said government described as mining recorder, in which shall be inserted the name of the claim, the name of each locator, the locality of the mine, the direction of the location line, the length in meters, the date of location, and the date of the record. A claim which shall not have been re |