they had not been guilty of bad faith. The liability for such costs has been one of the causes preventing good men from taking the office. Sections 19, 20, 21, 22, 23, 24, and 25 were designed to extend the provisions of the old law, providing for proceedings in aid of executions, to justice of the peace courts. As the matter stood previously, the justice had no jurisdiction in such proceedings, and if a judgment in his court remained unappealed from there was no way in which garnishment proceedings could be instituted on the judgment or the debtor brought in to be examined. A few slight amendments, adding the words "justice of the peace" after the word "judge" in these sections, renders the justices' courts much more efficient in this regard and supplies what was apparently an oversight, as in the United States justices are vested with such jurisdiction.

Section 26.-This is designed to supply a simplified and tabulated fee bill. The fees for incidental services are increased and new fees added for registering merchants' books and solemnizing marriages. Justices complained that their revenues were small at best and that they were compelled to perform this marriage service and even issue. a certificate gratis. On the other hand, these and also the fees in prosecuting infractions of municipal ordinances and nonpayment of cedula tax were made very small. Another change is in requiring the fee bill to be posted in different languages in each justice's office. Section 27.-This clears up an ambiguous point in the law relating to "townships" by exempting them from the payment of costs in criminal cases, all fines being turned into the provincial treasury. Otherwise the section is a consolidation and reënactment of certain provision of the old law.

Section 28.-The principal change here is in providing for supplies and other facilities for the justice, one result being to dignify the office and make it more independent and attractive to the better class of citizens. Under the old law the justice had no room of his own, shared his office with the municipal secretary (which, of itself, tended to place him upon a scale below the president, when he should be on a par with that official), was allowed no supplies, purchased his own stamps and stationery, although his correspondence with the Court of First Instance was considerable, and even paid for the docket which the law required, although the president, with far less need for it, was furnished a docket gratis. All this tended to discriminate against his office and make it appear an inferior one. By simplifying the character of the docket as provided in section 13 and consolidating the civil and criminal dockets into one, and especially by cutting off the president's judicial powers so that he no longer needs a docket, it was believed that one could be furnished to each justice without greater expense to the Government than is now incurred. The Commission also thought that, as the justice is an Insular official and as these supplies can be furnished cheaper at wholesale than by requiring each municipality to purchase its own, the Insular Government should assume that burden, and it selected the Attorney-General as the official most likely to know the needs of the justices and to be able to keep a check on extravagance.

Another check in this section is in providing a method by which the justice can, at the request of parties and to meet their convenience, try a case in a remote portion of the municipality, while at the same time retaining his office in the población.

Section 29. The principal change here is in prescribing specifically the qualifications of the justice and permitting him at the same time to hold some other compatible office, leaving it to his supervisor-the judge of First Instance to say whether the other office is compatible. The previous policy of not permitting this resulted in keeping out many good citizens who would otherwise have acted as justices of the peace but who preferred not to be deprived of some other office, like councilman or member of the board of health.

The last sentence of the section is designed to prevent justices from acting as abogadillos, while at the same time making them available for appointment by the court for defending pobres in provinces like Samar, where there are no lawyers.

Section 30.-The principal change here is in expressly providing that the process referred to is criminal only. The original was probably intended to be so restricted, but it has been construed in some quarters to refer to civil process and has been made the basis for sending the same to distant localities.

Section 31.-This is a combination of certain provisions, mostly existing under the old law, but believed to be better included under one section by themselves than in connection with another. It contains little new matter.

Section 32 has already been referred to under section 1.

Section 33.-The first important change here is in providing for the necessary traveling expenses of justices in attending the assembly. Most officials who have served in the provinces will probably agree that the Government gets quite as good results from an assembly of justices of the peace as from an assembly of the presidents, yet the latter are allowed their traveling expenses, while the former are not. This appears like an unjust discrimination and tends to make the office of justice appear inferior. A justice is compelled to attend the assembly; his income is smaller than that of the president, and it would seem only fair that he should be reimbursed his actual traveling expenses. No provision is made, however, for his subsistence.

This

Another change is to leave it to the discretion of the deciding judge to suspend the holding of the assembly after three annual sessions until such time as it may be desirable to resume. should offset any tendency in the matter of extravagance, and if the assemblies are properly conducted and the justices are not changed too frequently, it is believed that after three annual sessions they should be sufficiently instructed to justify suspension of the assembly for a time, at least.

Section 34.-The principal change here relates to appeals from sentences for infractions of municipal ordinances. The latter are as clearly criminal prosecutions as any other, but a different practice has heretofore obtained. The new section provides one form of appeal for all.

Section 35.-The principal change here is in discarding the provision for an appeal from an acquittal, which was rendered obsolete by the decision of the Federal Court in the case of U. S. vs. Kepner (195 U. S., 100). The last sentence of the section is also new, and settles an ambiguous point in the law.

Section 36.-This is a new section designed to meet cases where the judge of First Instance is absent from the province and the party in jail desires to furnish bail. To wait to communicate with the

judge by mail would often entail great hardship and there ought to be some one in the province to whom this discretion is given, The Commission believed that this should be the fiscal.

Section 37.-The purpose of this is to consolidate the provisions relative to jurisdiction to conduct preliminary investigations and also to limit the exercise of such jurisdiction on the part of the cabecera justice to cases where he is directed so to exercise it by the judge of First Instance. This should prevent the abuses complained of in the way of unnecessarily calling witnesses and parties from a distant portion of the province.

The provision conferring upon the Manila justice the power to conduct such an investigation is for the purpose of relieving the Courts of First Instance of that burden. The office of the justice is located so near that of the prosecuting attorney that the investigation (which is usually a formal matter, though often requiring considerable time) may be conducted as conveniently before the justice as in the Court of First Instance. Besides, it is at least questionable whether the court who tries the case on the merits should be the one to investigate.

Section 38 makes the change of requiring transmittal of the record within five days as in criminal cases (G. Ŏ., No. 58, sec. 48) instead of allowing delay until a subsequent term. It also takes away the right of the justice to change his docket entries and leaves that to the Court of First Instance under its general power to order amendments (Act No. 190, sec. 110).

Sections 39 and 40 have been discussed under section 5.

Section 41 provides for the first time in the provinces a system equivalent to the coroner's inquest. Heretofore the Manila prosecuting attorney has had such powers and in some cases the president could make a general investigation, but there has been no provision for a real inquest upon corpses. It was thought best to confer this function upon the justice because it is a judicial one and he is the judicial officer nearest the scene.

CONCLUSION.

Such in brief are the changes wrought by the act, which after unusally careful consideration by the Commission will soon take effect.

It is not imagined that in this, more than in other cases, a perfect law has been enacted. Doubtless in due time deficiencies will appear and new difficulties will need to be met. But it is believed that this measure, if given a fair and friendly trial, ought to have the effect to

(1) Elevate the office of justice of the peace and improve the personnel of its incumbents; this by reason of enlarged opportunity for careful selection and greater attractiveness to the better class of citizens, through higher compensation, ampler privileges and concessions, and added importance, independence, and dignity in the position.

(2) Increase the efficiency of the justices' courts as by giving them jurisdiction in supplementary proceedings and to hold inquests, and making it clear that they can entertain actions to recover possession of personalty so that the barrio people need not

be forced to an expensive suit in the Court of First Instance to get back a stolen carabao or barota.

(3) Unify the system of primary courts so that all, including those of Manila, will be under the same kind of supervision, with the same method of compensation, observing the same rules of practice.

(4) Lessen the delays of litigation and especially the opportunities for mere dilatory proceedings; this by cutting off second appeals, requiring payment of docket fee in lower court, and prompt transmittal of record.

That these results are of the utmost importance and value no one will question. To attain them is it not worth while that all classes officials and private citizens, lawyers and litigants, judges and justices-work together earnestly to carry out the spirit as well as the letter of the new law and to render its provisions and purposes effective?

[No. 1628.]

AN ACT Extending the time for filing declarations of property and for paying property taxes for nineteen hundred and six without penalty in townships organized under the Township Government Act.

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

SECTION 1. The time for filing declarations of the value of property and for paying property taxes for nineteen hundred and six, without penalty, in townships organized under the Township Government Act is hereby extended to April first, nineteen hundred and seven. No penalty shall be collected on any declaration filed or property tax paid before said date.

SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.
Enacted, March 30, 1907.

[No. 1629.]

AN ACT To amend Act Numbered Fifteen hundred and sixty-seven by extending for one month the time allowed for the operations of the several boards engaged in the assessment of land values and the time prescribed for the organization of the central equalizing board.

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

SECTION 1. Section one of Act Numbered Fifteen hundred and sixty-seven, entitled "An Act amending Act Numbered Fourteen hundred and ninety-six by extending the time allowed for the operations of the several boards engaged in the assessment of land values and also authorizing municipal boards of assessors to remain in session

during the entire month of December, nineteen hundred and six, and providing for the performance of additional duties by the Supervisor of Land Assessments, should the same be required," is hereby amended by striking out in paragraph (a) the words "March fifteenth, nineteen hundred and seven," and inserting in lieu thereof the words "April fifteenth, nineteen hundred and seven," and by striking out in paragraph (b) the words "three months" and inserting in lieu thereof the words " four months."

SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.
Enacted, March 30, 1907.

[No. 1630.]

AN ACT Amending section seventy of Act Numbered Fourteen hundred and fifty-nine, entitled "The Corporation Law," as amended, by extending the time within which foreign corporations shall comply with the provisions of said Act.

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

SECTION 1. Act Numbered Fourteen hundred and fifty-nine, entitled "The Corporation Law," is hereby amended by striking out in section seventy, as amended, the words "thirteen months" and inserting in lieu thereof the words "seventeen months."

SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.
Enacted, March 30, 1907.

[No. 1631.]

AN ACT To amend section fifteen of Act Numbered Seven hundred and eightyseven, entitled "An Act providing for the organization and government of the Moro Province."

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

SECTION 1. Section fifteen of Act Numbered Seven hundred and eighty-seven is hereby amended to read as follows:

SEC. 15. In each district of the Moro Province there shall be appointed by the provincial governor, with the consent of the legislative council, a district governor and a district secretary. The office of district governor may be filled by proper detail of an army officer, with the consent of the legislative council. There shall also be a district treasurer who shall be appointed and his salary fixed by the