[No. 270.]

AN ACT authorizing an increase in the clerical force in the office of the collector of customs at Cebú.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. The Collector of Customs is hereby authorized to employ seven additional men as guards and checkers, class J, at an annual compensation of two hundred and forty dollars ($240), payable monthly, to replace one corporal and five enlisted men now acting in that capacity, and whom the Commanding Officer of the Second District, Department of the Visayas, desires to have relieved as soon as practicable.

SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 3. This act shall take effect on its passage.

Enacted, October 18, 1901.

[No. 271.]

AN ACT authorizing the holding of land by religious corporations or associations of whatever sect or denomination.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

Whereas, under the Spanish regime and law it was not lawful for any church or religious association except the Catholic Church and its dependencies to hold land in the Philippine Islands for the purpose of the construction of churches, parsonages, or educational or charitable institutions, and

Whereas, by the Treaty of Paris the Philippine Islands passed under the control of the United States, which recognizes no state religion and treats all sects and denominations alike, therefore:

SECTION 1. It shall be lawful for all religious associations of whatever sect or denomination, whether incorporated in the Philippine Islands or in some other country or not incorporated at all, to hold land in the Philippine Islands upon which to build churches, parsonages, or educational or charitable institutions.

SEC. 2. Such religious institutions, if not incorporated, shall hold the land in the name of three trustees for the use of such associations; the trustees shall be selected by the directing body in the Philippine Islands for such associations, and vacancies occurring among the trustees by death, resignation or other cause, shall be filled in the same manner as the original selection.

SEC. 3. All laws in conflict with the provisions of sections 1 and 2 hereof are hereby repealed.

SEC. 4. The public good requiring the speedy enactment of the bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 5. This act shall take effect on its passage.

Enacted, October 19, 1901.

[No. 272.]

AN ACT amending Chapter XXVI, relating to proceedings in habeas corpus, of act No. 190, providing for a code of procedure in civil actions and special proceedings.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. Section 529 of Act No. 190, entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands," is hereby amended by striking out the whole of said section and inserting in lieu thereof the following words:

"Not to apply in certain Cases.-Nothing in this chapter shall authorize the discharge of any person convicted of an offense or charged with an offense committed in any other part of the Philippine Islands, or in any part of the United States, and who, agreeable to law, ought to be delivered up to the executive power of the United States, or of any State thereof, where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment; nor shall any writ of habeas corpus be issued against a military officer or soldier who is detaining a prisoner in the Provinces of Batangas, La Laguna, Tayabas, Samar, Cebú and Bohol, and in any unorganized province or territory. It shall be a conclusive answer to a writ of habeas corpus against a military officer or soldier, and a sufficient excuse for not producing the prisoner in all other organized provinces than those herein named, if the Commanding General or any general officer in command of the department or district shall certify that the prisoner is held by him either:

"1. As a prisoner of war; or

"2. As a member of the Army, a civilian employé thereof, or a camp follower and subject to its discipline; but this paragraph shall not apply to pending cases; or

"3. As a prisoner committed by a military court or commission prior to October 1, 1901; or

"4. As a prisoner arrested and held for trial before a military court or commission before October 15, 1901, for a violation of the laws of war committed before the same date; or

5. As a prisoner guilty of violations of the laws of war committed in the unpacified provinces and territory in this section named and who has escaped into provinces officially declared to be under civil control and has been there captured by military authorities and is held for trial for such violations of the laws of war."

All the other provisions of this chapter shall be subject to the limitations and restrictions contained in this section.

SEC. 2. The public good requiring the speedy exactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission

in the Enactment of Laws," passed September 26, 1900.

SEC. 3. This act shall take effect on its passage.

Enacted, October 21, 1901.

[No. 273.]

AN ACT creating a Bureau of Archives.

By authority of the President of the United States, be it enacted oy the United States Philippine Commission, that:

SECTION 1. There is hereby created, under the Department of Public Instruction, a bureau which shall have charge of such public records as may, in accordance with law, or by order of the Civil Governor, be deposited in the Insular Archives. This bureau shall be called the Bureau of Archives.

SEC. 2. There shall be a Chief of the Bureau of Archives, who shall receive an annual salary of two thousand, five hundred dollars ($2,500).

SEC. 3. The duties of the Chief of the Bureau of Archives shall be: 1. To have the care and custody of such public records as may, in accordance with law, or by direction of the Civil Governor, be deposited in the Insular Archives.

2. To furnish such information derived from the Insular Archives and such papers or copies of such papers contained therein as may be requested by the Civil Governor, the Secretary of the Interior, the Secretary of Commerce and Police, the Secretary of Finance and Justice, the Secretary of Public Instruction, the members of the Commission, or such other persons as may be authorized by law to request such information, papers or copies.

SEC. 4. On the written request of the Civil Governor or the Secretary of any Department, the Chief of the Bureau of Archives shall deliver to the head of any bureau under the Governor, or the Secretary making the request, documents relating to the affairs of the bureau in question, and the head of the bureau receiving such documents shall receipt for them to the Chief of the Bureau of Archives, and become responsible for their proper care and custody while in his possession. SEC. 5. The employés of the Bureau of Archives, in addition to the Chief of the Bureau, shall be as follows: One clerk, class 7; two clerks, class 9; two clerks, class F; two clerks, class H; one clerk, class I; three clerks, class J; and two porters with annual salaries of one hundred and fifty dollars ($150) each.

SEC. 6. The number of authorized employés in the office of the Executive Secretary is hereby diminished by two clerks of class 9; two clerks of class F; two clerks of class II; one clerk of class I; three clerks of class J; and two porters with annual salaries of one hundred and fifty dollars ($150) each; and these clerks, now employed as assistants to the keeper of the Spanish Archives, are hereby transferred to the Bureau of Archives.

SEC. 7. The salaries mentioned in this act are stated in money of the United States, but they may be paid either in money of the United States or in sums of local currency equivalent in value to the amounts stated in the preceding sections of this act.

SEC. 8. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 9. This act shall take effect on its passage.

Enacted, October 21, 1901.

[No. 274.]

AN ACT prohibiting the unauthorized destruction of timber on public lands.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. The making of so-called "caingins," or clearings, on public lands, by felling or burning trees, is hereby prohibited.

SEC. 2. Any person violating the foregoing provision of this act shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100) in money of the United States, or by imprisonment for not more than thirty days (30), or both, in the discretion of the court, for each offense, and shall pay charges on timber unlawfully cut or burned in accordance with the rates fixed in General Order No. 92, Office of the United States Military Governor in the Philippine Islands, issued June 27, 1900, or in lieu of such payment, shall suffer one day's imprisonment for each dollar of unpaid charges. SEC. 3. It shall be the duty of the Civil Governors of Provinces, of the Philippines Constabulary and of Municipal Presidents to arrest and turn over to the proper authorities for trial all persons within the territory under their respective jurisdictions who violate the provisions of this act, and Municipal Presidents are hereby empowered to use the municipal police in making such arrests.

SEC. 4. Where the person or persons found making "caingins" are members of a non-Christian tribe, or are ignorant of the law, they shall be dismissed with a warning, in the case of a first offense, but, upon conviction for a second offense, shall be punished as hereinbefore provided.

SEC. 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 6. This act shall take effect on its passage.

Enacted, October 21, 1901.

[No. 275.]

AN ACT amending act No. 55, relating to cruelty to animals in transportation, so as to require proper means of securing animals in transit and of loading and unloading them.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. Section 1, of Act No. 55, entitled "An Act Providing for Wholesome Food Supplies and Preventing Cruelty to Animals in Transportation," is hereby amended by adding at the end of said section the following words: "The owners or masters of steam, sailing or other vessels, carrying or transporting cattle, sheep, swine, or other animals from one port in the Philippine Islands to another, or from any foreign port to any port within the Philippine Islands, shall provide suitable means for securing such animals while in transit so as to avoid all cruelty and unnecessary suffering to the animals, and suitable and proper facilities for loading and unloading cattle or other animals upon or from vessels upon which they are transported, without cruelty or unnecessary suffering. It is hereby made unlawful to

load or unload cattle upon or from vessels by swinging them over the side by means of ropes or chains attached to the horns." SEC. 2. This act shall take effect November 1, 1901. Enacted, October 23, 1901.

[No. 276.]

AN ACT in amendment of act No. 226 authorizing the provincial board for the province of Cebú to use the funds therein mentioned for the relief of needy

persons.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. Act No. 226, entitled "An act appropriating two thousand, three hundred and eighty-three dollars and ninety-six cents ($2,383.96), in money of the United States, for the Provincial Government of Cebú," is hereby amended by adding at the end of section 1 of said act the following words:

“The Provincial Board is hereby authorized to use the funds mentioned in this section, in its discretion, for the relief of inhabitants of the province who are in need of assistance, in cases where such relief will tend to promote the pacification of the province."

SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 3. This act shall take effect on its passage.

Enacted, October 23, 1901.

[No. 277.]

AN ACT defining the law of libel and threats to publish a libel, making libel and threats to publish a libel misdemeanors, giving a right of civil action therefor, and making obscene or indecent publications misdemeanors.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. A libel is a malicious defamation, expressed either in writing, printing, or by signs or pictures, or the like, or public theatrical exhibitions, tending to blacken the memory of one who is dead, or to impeach the honesty, virtue or reputation, or publish the alleged or natural defects of one who is alive, and thereby expose him to public hatred, contempt or ridicule.

SEC. 2. Every person who wilfully and with a malicious intent to injure another, publishes or procures to be published, any libel, shall be punished by a fine of not exceeding two thousand dollars, or imprisonment for not exceeding one year, or both.

SEC. 3. An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

SEC. 4. In all criminal prosecutions for libel, the truth may be given in evidence to the court, and if it appears to the court that the matter charged as libelous, is true, and was published with good motives and for justifiable ends, the party shall be acquitted; otherwise he shall be convicted; but to establish this defense, not only must the truth of