through the Director of Public Works. The approval of the Secretary of Commerce and Police shall be necessary before construction is commenced on any section of the said highway.

(c) To establish a system of maintenance of the said highway which shall be approved by the Director of Public Works and shall provide for an average of at least one man continually employed in the maintenance of each kilometer of road in the rainy season, and an average of at least one man for each two kilometers of the road in the dry season, and to keep and maintain said highway in good repair. The system of maintenance provided for in this paragraph shall be immediately put in operation on any completed portion of the said highway and shall be continued in operation during the life of this franchise or until the grantee shall construct a railroad on the said highway, as authorized by this Act.

(d) Whatever the means of transportation used by the grantee, to carry the mails, in the event of the Director of Posts so desiring, upon such terms and conditions and at such rates as may be agreed upon between the Director of Posts and the grantee. In case the Director of Posts and the grantee can not agree on terms, conditions, or as to rates of transportation of the mails, the GovernorGeneral of the Philippine Islands, after giving the grantee opportunity to be heard, shall fix the rates of transportation and the terms and conditions under which the mails shall be carried by the grantee over the said highway.

(e) To permit the public, after the said highway has been opened for travel, to make free and unrestricted use of the same, subject to no toll or charge there for except such as has already been provided for in this Act: Provided, however, That no public road, highway, or trail occupied or used under the provisions of subsection (d) of section two of this Act shall be closed to travel or use by the public for any cause whatever, without the prior approval of the Governor-General: And provided further, That after the highway to be constructed under this franchise has been opened for travel the same shall not be closed to travel or to the use of the public without the approval of the Secretary of Commerce and Police. Should the grantee elect to construct a railroad on such highway, the concessionary contract therefor shall define the future status of the said highway in regard to its use by the public.

(f) To deposit at the time of acceptance of this franchise with the Insular Treasurer, ten thousand pesos, or negotiable bonds of the United States or other securities, approved by the Secretary of Commerce and Police, of the face value of ten thousand pesos, as a guaranty that the franchise has been accepted in good faith and that the construction of said highway shall be begun on or before the first day of November, nineteen hundred and eight, and shall be completed and ready for use on or before the thirty-first day of December, nineteen hundred and ten.

If the deposit is made in money, the same shall be deposited at interest in some interest-paying bank approved by the Insular Treasurer, and all interest accruing or due on said deposit or negotiable bonds of the United States or other securities shall be collected by the Insular Treasurer and paid to the grantee. Should the grantee for any cause other than the act of God, the public enemy, usurped or military power, martial law, riot or civil commotion, or inevitable

cause, fail, refuse, or neglect to begin construction and complete said highway within the time prescribed by this franchise, then the deposit prescribed by this section to be made with the Insular Treasurer, whether in money, bonds, or other securities, shall become the property of the Philippine Government as liquidated damages caused to such Government by such failure, refusal, or neglect, and thereafter no interest on said bonds or other securities shall be paid to the grantee. Should the said grantee observe all the terms and conditions of this franchise, the said deposit, bonds, or other securities deposited shall be returned by the Insular Treasurer to the grantee.

(g) To pay the Insular Treasurer, annually, after any portion of the said highway, or of the said railroad, is opened for traffic, one and one-half per centum of all gross receipts from any business authorized by this Act, and the said percentage shall be in lieu of all taxes on the franchise or earnings thereof.

SEC. 4. The right is hereby reserved to the Philippine Government to purchase the said highway from the grantee at any time after the expiration of twenty years from the date of the passage of this Act. The purchase price shall be the fair value of the said highway at the date of the purchase, and shall be appraised by a board consisting of one appraiser selected by the grantee, one selected by the Governor-General, and the third to be chosen by the two thus selected, or, in case of their failure to agree, the third to be appointed by the Chief Justice of the Supreme Court. Should the grantee fail or refuse to select an appraiser within thirty days, the Chief Justice of the Supreme Court of the Philippine Islands, the senior associate justice. of the said Supreme Court, and the appraiser selected by the Governor-General shall act as such board. The award of the majority of the appraisers shall be deemed the award of the board.

SEC. 5. The said highway shall be a post route and military road, subject to the use of the Philippine Government and the United States of America, for postal, military, naval, and other governmental service, and also subject to such reasonable regulations as the Philippine Government, with the approval of the Secretary of War, shall impose restricting the charges for such Government transpor

tation.

Reasonable compensation shall be allowed for the urgent transportation of mail, troops, bullion, ammunition, or freight for the Government at other hours or on a different schedule than ordinarily maintained by the grantee as a common carrier. The grantee shall provide such facilities for such purposes as may be necessary at any hour, day or night.

SEC. 6. The failure, refusal, or neglect to comply with any of the terms and conditions required of the grantee by this Act shall forfeit this franchise, and said highway or railroad, as the case may be, and all improvements and equipment thereon, and all property pertaining thereto, shall thereupon become the property of the Philippine Government, unless such failure, refusal, or neglect was directly and primarily caused by an act of God, the public enemy, usurped or military power, martial law, riot or civil commotion, or inevitable cause. The time during which the grantee is prevented from carrying out the terms and conditions of this franchise by any of the causes cited

herein shall be added, by executive order of the Governor-General, to the time allowed by this franchise for compliance with its provisions.

SEC. 7. The books and accounts of the grantee shall be subject to official inspection at any and all times by the Insular Auditor, his authorized representatives, or any other representative of the Government appointed by the Governor-General.

SEC. 8. This franchise or concession is subject to amendment, alteration, or appeal by the Congress of the United States; no stock or bonds shall be issued by the grantee hereunder except in exchange for actual cash, or for property at a fair valuation equal to the par value of the stock or bonds so issued; the grantee shall not declare stock or bond dividends.

The foregoing and all other terms and provisions of section seventy-four 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," and of sections four and five of the Act of Congress approved February sixth, nineteen hundred and five, relating to the construction of railroads in the Philippine Islands in so far as the same are applicable to this franchise, are hereby applied to, incorporated into, and made a part of this franchise with the same effect as if they were set out herein at length. SEC. 9. The word "grantee " herein shall be held to include and apply to the successors and assigns of said grantee.

SEC. 10. The grantee may assign, transfer, or sell this franchise only after the approval of the Governor-General in writing has been obtained: Provided, however, That in the case of the assignment, transfer, or sale to a railroad corporation as provided in this Act, such approval shall not be necessary. In any event, the assignment, transfer or sale shall be made only to a corporation organized under the laws of the Philippine Islands or of any State of the United States of America.

SEC. 11. 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. 12. This Act shall take effect upon its passage: Provided, however, That the grant of the franchise shall not become operative or effective unless the grantee shall, within nine months after the passage of this Act, file with the Secretary of Commerce and Police its acceptance of the franchise and its agreement to comply with all the terms of the Act and make the deposit required by section three (f) of this Act. With this acceptance shall be filed an amendment to the charter of the grantee, in a form satisfactory to the AttorneyGeneral of the Philippine Islands, wherein the said corporation shall be duly authorized to enjoy all powers, privileges, and exemptions granted by this Act.

Enacted, August 30, 1907.

[No. 1701.]

AN ACT To equalize and secure uniformity in salaries of provincial fiscals, to empower the Governor-General to consolidate the offices of fiscals of two or more provinces, to declare vacant the position of fiscal of any province and assign the duties thereof to the office of the Attorney-General, and to restore the status existing prior to such consolidation or abolition, and for other purposes.

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

SECTION 1. The provincial fiscals, in the provinces hereinafter named, shall receive the following salaries:

(a) In the Provinces of Cebu, Iloilo, and Pangasinan, not less than four thousand five hundred pesos nor more than five thousand pesos per annum each;

(b) In the Provinces of Albay, Ambos Camarines, Bulacan, Ilocos Sur, La Laguna, Leyte, Occidental Negros, Pampanga, and Tayabas, not less than four thousand pesos nor more than four thousand five hundred pesos per annum each;

(c) In the Provinces of Batangas, Bohol, Cagayan, Capiz, Rizal, Samar, and Sorsogon, not less than three thousand five hundred pesos nor more than four thousand pesos per annum each;

(d) In the Provinces of Cavite, Ilocos Norte, La Union, Misamis, Nueva Ecija, Oriental Negros, Surigao, and Tarlac, and in the Mountain District, not less than three thousand pesos nor more than three thousand five hundred pesos per annum each;

(e) In the Provinces of Agusan, Antique, Bataan, Isabela, Mindoro, Palawan, and Zambales, not less than two thousand five hundred pesos nor more than three thousand pesos per annum each;

SEC. 2. The Governor-General shall, upon the recommendation of the Secretary of Finance and Justice, fix the salaries of the respective provincial fiscals within the above limitations.

SEC. 3. Whenever, in his judgment, the public interests will be promoted by the consolidation of the offices of two or more provincial fiscals, the Governor-General may, upon the recommendation of the Secretary of Finance and Justice, declare such positions consolidated. appoint a fiscal thereto, fix the salary of the position resulting therefrom at not to exceed seventy-five per centum of the sum of the salaries of the positions consolidated, determine the residence of the fiscal so appointed, and apportion among the provinces served the charges for salary, traveling expenses, clerical and other necessary expenses incident to the performance of the duties of the combined office.

SEC. 4. Whenever, in his judgment, the public interests will be promoted thereby, the Governor-General may, upon the recommendation of the Secretary of Finance and Justice, declare the position of provincial fiscal in any province vacant, and direct that the duties imposed by law upon the provincial fiscal of such province be performed by an assistant attorney of the Bureau of Justice designated by the Attorney-General; and such province shall reimburse the Bureau of Justice for the necessary traveling expenses, salary of such assistant attorney, and other expenses necessarily incident to the services rendered, in such amount as shall be fixed by the AttorneyGeneral, with the approval of the Secretary of Finance and Justice,

not exceeding seventy-five per centum of the salary previously fixed for the fiscal of said province.

SEC. 5. Whenever the offices of two or more provincial fiscals have been consolidated, and whenever the office of the provincial fiscal in any province has been declared vacant, as provided by this Act, the Governor-General, upon the recommendation of the Secretary of Finance and Justice, may restore them to their previous status when, in his opinion, the public interest is no longer served by such consolidation, and thereupon the salaries payable to the separate positions shall be the same as were payable at the time of consolidation.

SEC. 6. Acts Numbered Twelve hundred and ninety-five, Fourteen hundred and thirty-seven, Fifteen hundred and thirty-six, Fifteen hundred and seventy-two, Fifteen hundred and ninety, and Sixteen hundred and forty-four, providing for the consolidation of the offices of provincial fiscals in certain provinces, and any Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed.

SEC. 7. 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. 8. This Act shall take effect on October first, nineteen hundred and seven.

Enacted, August 31, 1907.

[No. 1702.]

AN ACT TO amend sections fourteen, thirty-six, and seventy-one of Act Numbered One hundred and ninety, providing a code of civil procedure in civil actions and special proceedings in the Philippine Islands.

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

SECTION 1. Section fourteen of Act Numbered One hundred and ninety is hereby amended by striking out the word "twenty-three in the third line of said section and inserting in lieu thereof the word "twenty-one," so that said section, as amended, shall read as follows:

"SEC. 14. Qualification of applicants.-Any resident of the Philippine Islands, not a subject or citizen of any foreign government, of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as a member of the bar of the Islands and to practice as such in all their courts."

SEC. 2. Section thirty-six of Act Numbered One hundred and ninety is hereby amended so as to read as follows:

"SEC. 36. Judges as lawyers.-Judges of the Supreme Court, Court of First Instance, Court of Land Registration, the municipal court of Manila, the Attorney-General, Solicitor-General, Assistant Attorney-General, the assistant attorneys in the Bureau of Justice, the prosecuting attorney of the city of Manila, and his assistants, the city attorney, and assistant attorney of the city of Manila, the attorney and assistant attorney for the Moro Province, provincial

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