Acts of the Philippine Commission

ing words: "The Provincial Governor, with the advice and consent of the Provincial Board, shall fill temporary vacancies in the offices of Vice-President, Municipal Treasurer or Municipal Councilor, and whenever a President, Vice-President or Councilor is suspended, shall appoint some person to discharge his duties until he is reinstated or until he is removed and the vacancy thus occasioned is filled."

(h) By striking out of sub-section (a) of section 43, the words "land or buildings" in the second line and inserting in lieu thereof the words "lands, buildings and improvements."

(i) By inserting in sub-section (b) of section 43, after the word "lands" in the second line, the word "buildings."

() By changing sub-section (c) of section 43, to read as follows: "The granting of the privilege of fisheries in fresh-water streams, lakes and tidal streams included within the municipality and not the property of any private individual, and in the marine waters included between two lines drawn perpendicular to the general coast line from points where the boundary lines of the municipality touch the sea at high tide, and a third line parallel with the general coast line and distant from it three marine leagues. Where fresh-water lakes are not included within the limits of any one municipality, or where freshwater or tidal streams form boundaries between municipalities, disputes which may arise as to the waters within which any municipality may exercise the right of taxing the granting of the privilege of fisheries, shall be referred by each municipality to the Provincial Board of the Province to which it belongs, and the Provincial Board shall recommend to the Commission such legislation as it may deem. desirable."

(k) By inserting after the word "deputies" in the last line of section 48, the words "or by the Municipal Treasurer," so that the section. shall read: "Taxes, imposts and all other revenues of the municipality shall not be leased or farmed by the Municipal Council, but shall be collected by the Provincial Treasurer, or his authorized deputies, or by the Municipal Treasurer, as hereinafter provided.”

(1) By inserting after the word "land" in the third line of section 51, the word "buildings;" and by inserting in the eighth line of the same section, after the word "oath," the words, "Provided, that in case the property owner lives at a point remote from the office of the Municipal Secretary, the statement may be subscribed and verified by oath before any Municipal Secretary, or before any person authorized to administer oaths by section 349, of Act No. 190."

(m) By changing section 72 to read as follows: "It shall be the duty of the Provincial Treasurer to be present in the municipality, in person or by deputy, for at least two days every month during the year, prepared to receive payment of all revenues due to the municipality from any source whatever, except fines as provided in section 18, subsection (h), fees for the granting of the privilege of fisheries, the issuing of certificates of ownership of large cattle, and of the transfer of title to the same, tolls from ferries operated by the municipality, fees from municipal stables, municipal pounds, municipal markets, municipal slaughter houses, municipal bath houses, and municipal cemeteries; license fees for theatrical performances, horse races, circuses, cock pits and cock fighting, and the training of fighting cocks; which shall be collected by the Municipal Treasurer in the manner prescribed by ordinance of the Municipal Council. The Provincial Treasurer or his deputy shall give receipts for all municipal funds collected by him, 10613-02-5

showing the date of each payment, the name of the person making it, the amount of the payment, and on what account it was collected. He shall give notice to the President of the coming of himself or his deputy, one week before the monthly visit of himself or deputy to the municipality, and the President shall cause the same to be posted at the main entrance of the municipal building and in a public and conspicuous place in each barrio. The Municipal Treasurer shall turn over to the Provincial Treasurer or his deputy upon his visit to the municipality, all revenues collected subsequent to the last visit of the Treasurer or his deputy, together with his duplicate receipts for the same. The Provincial Treasurer or his deputy shall not remove such funds from the municipality, but shall pay them into the municipal treasury before leaving, and they shall thereupon become available for appropriation by the Municipal Council. The Provincial Treasurer or his deputy shall be at liberty at all times to inspect the accounts and receipts of the Municipal Treasurer, and to count the money in the Municipal Treasury; and he shall audit the accounts and count the cash at least once during each quarter of the fiscal year.

(n) By adding at the close of section 94, the following words: “But, if the Provincial Board shall determine that there has been an illegality committed in the election of any officer, or that any candidate returned is not eligible, it shall annul his election and shall order a special election as provided for similar cases in section 13, subsection (b)."

(0) By inserting at the end of section 99, as amended by section 1 of Act 225, the following words: "Where it is provided by this act that funds derived from certain taxes shall be paid in part to the municipality where they are collected and in part to the provincial government, the Collector of Internal Revenue shall pay that portion of such funds which would be due to the provincial government, if such government existed, into the Insular Treasury, and the additional assistance necessitated by his discharging the duties of provincial treasurer, when authorized, shall be paid for out of insular funds. He shall further make requisition upon the Insular Government for the return of that portion of the internal revenue due to the municipalities of his province when they have organized under the Municipal Code."

(p) By adding at the close of section 103, the following words: "All blank forms for the use of the municipality shall be prescribed by the Treasurer of the Philippine Archipelago, subject to the approval of the Civil Governor, and the Treasurer of the Archipelago shall keep a sufficient quantity of such forms on hand, and shall furnish them to the provincial supervisors upon application. The cost of such purchases for each municipality shall be treated by the Provincial Treasurer as a charge against the revenues of the municipality collected by him or his deputies."

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, November 27, 1901.

[No. 304.]

AN ACT to amend section 4, of Act 296, entitled, “An Act Creating a Bureau of Public Printing.'

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

SECTION 1. Section 4 of Act No. 296, entitled "An Act Creating a Bureau of Public Printing," is hereby amended by striking out the last three lines of the section and substituting therefor the following: "and such other temporary, clerical, technical, and professional employés, and skilled and unskilled laborers as may from time to time be recommended as necessary by the Public Printer, and previously approved by the Secretary of Public Instruction."

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

Enacted, November 27, 1901.

[No. 305.]

AN ACT amending section 4, of Act No. 268, entitled "An Act Creating a Bureau of Architecture and Construction of Public Buildings."

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

SECTION 1. Section 4, of Act 268, entitled "An Act Creating a Bureau of Architecture and Construction of Public Buildings" is hereby amended so as to read as follows:

"SEC. 4. The following employés of the Bureau of Architecture and Construction of Public Buildings, in addition to the Chief of the Bureau, are hereby authorized: One superintendent of construction, class 7; one chief clerk and one draughtsman, class 8; two draughtsmen and two clerks, class 9; five draughtsmen, class H; and one messenger at an annual compensation of $150.00."

Enacted, November 27, 1901.

[No. 306.]

AN ACT to amend section 5 of the "Civil Service Act," and sections 3 and 4 of Act No. 167, extending the provisions of the Civil Service Act and for other purposes by providing for further extensions of this Act.

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

SECTION 1. Section 5 of Act No. 5, entitled "The Civil Service Act," is hereby amended by striking out in paragraph (m) the words "The Provost Marshal General of Manila," and inserting in lieu thereof the

words "The Municipal Government of Manila, subject to the provisions of Act No. 183;" and section 3 of Act No. 167, entitled "An Act to Amend sections 2, 3 and 14 of Act No. 102, entitled 'An Act regulating the salaries of officers and employés in the Philippine Civil Service' and to amend sections 5 and 20 of the Civil Service Act, and for other purposes," is hereby amended by adding the following paragraph:

"(u) The chiefs or heads of all bureaus organized after July 16, 1901, subject to the provisions and limitations of the acts organizing such bureaus," so that section 5 of Act No. 5, entitled "The Civil Service Act," with the amendments already provided by section 3 of Act No. 167, shall read as follows:

SEC. 5. This act shall apply, except as hereinafter expressly provided, to all appointments of civilians to executive positions under: (a) The Executive Secretary.

(b) The United States Philippine Commission.

(d) The Auditor for the Islands.

The Collector of Customs for the Islands.

The Collector of Inland Revenue for the Islands.

The Director of Post for the Islands.

The Civil Service Board.

(i) The Bureau of Forestry.

The Bureau of Mines.

(k) The General Superintendent of Public Instruction. (1) The Wardens of Penitentiaries and Prisons.

(m) The Municipal Government of Manila, subject to the provisions

of Act No. 183.

(n) The Captain of the Port at Manila.

(o) The Insular Purchasing Agent.

Plant.

The Superintendent of the Government Cold Storage and Ice

(a) The Officer in Charge of the Improvements of the Port of Manila.

(r) The Chief of the Weather Bureau, subject to the provisions of the act creating the Weather Bureau.

(s) The Board of Health of the Philippine Islands, subject to the provisions of the act creating the board.

(1) The Superintendent of the Government Laboratories, subject to the provisions and limitations of Act No. 156.

(u) The chiefs or heads of all bureaus organized after July 16, 1901, subject to the provisions and limitations of the acts organizing such bureaus."

SEC. 2. Section 4, of Act No. 167, is hereby amended by inserting in the twentieth line, after the words "directors of laboratories" and before the words "or of one private secretary" the words "the chief or head of any bureau organized after July 16, 1901, unless otherwise expressly provided by law;" and by inserting in the thirtieth line after the words "the members of the Board of Health of the Philippine Islands" and before the words "and of the Superintendent and Directors of Government Laboratories," the words "the Attending Physician and Surgeon of the Philippine Civil Hospital, the Chief of the Bureau of Non-Christian Tribes, the Chief of the Bureau of Architecture," so that section 4 of Act No. 167 shall read as follows: "SEC. 4. Section 20 of Act No. 5, entitled 'the Civil Service Act' is hereby amended so as to read as follows:

'SEC. 20. The requirements of this act for entrance into the Civil

Service, or for promotion by competitive examination, shall not apply to the selection of the Executive Secretary; the Secretary of the United States Philippine Commission; the Treasurer for the Islands; the Auditor for the Islands; the Collector of Customs for the Islands; the Deputy Collector of Customs for the Islands; the Collector of Inland Revenue for the Islands; the Director of Posts for the Islands; the Head of the Bureau of Forestry; the Head of the Bureau of Mines; the Superintendent of Public Instruction; the Chief of the Bureau of Statistics; the members of the Civil Service Board; the Insular Purchasing Agent; the Superintendent of the Government Cold Storage and Ice Plant; the Officer in Charge of the Improvements of the Port of Manila; the Chief of the Weather Bureau, his three assistants and the Secretary of the Bureau; the members of the Board of Health of the Philippine Islands; the Superintendent of Government Laboratories and Directors of Laboratories; the chief or head of any bureau organized after July 16, 1901, unless otherwise expressly provided by law; or of one private secretary for the Civil Governor, and for each member of the United States Philippine Commission, except the President. But, after eighteen months from the date when the Board shall certify that it has a sufficient list of eligibles to supply vacancies, vacancies occurring in all the foregoing offices, except in the private secretaryships above described, and in the offices of the Officer in Charge of the Improvement of the Port of Manila, the Chief of the Weather Bureau, the three assistants and Secretary of such Bureau, the members of the Board of Health of the Philippine Islands, the attending Physician and Surgeon of the Philippine Civil Hospital, the Chief of the Bureau of Non-Christian Tribes, the Chief of the Bureau of Architecture, and of the Superintendent and Directors of Government Laboratories, shall be filled without examination from a class to be composed of the first, second and third assistants in all the foregoing offices, or bureaus, the intention of this provision being that the appointing power may, by virtue hereof, transfer from one office to anothor a person deemed competent to fill the vacancy. In case there are no assistants in the foregoing offices designated as such by law, the Civil Service Board may, in its discretion, include in such eligible list, by rule, one of the subordinates in such office ranking next to the head thereof.'

SEC. 3. 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. 4. This act shall take effect on its passage.

Enacted, November 29, 1901.

[No. 307.]

AN ACT providing for the establishment of provincial boards of health and fixing their powers and duties.

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

SECTION 1. There shall be a Provincial Board of Health in each of the several provinces of the Philippine Islands, which Board shall be organized at such time as the Board of Health for the Philippine Islands may direct, with the approval of the Secretary of the Interior.

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Acts of the Philippine Commission, Utgaver 264-424