two, shall in no case be used for any other purpose than the redemption of the principal of said bonds: Provided, That any other receipts from the said lands shall be first used to pay the interest upon the bonds as it matures, and any surplus, if any, shall be deposited to the credit of the sinking fund hereby created to meet the principal of such bonds at their maturity.

SEC. 5. There is hereby appropriated out of the general funds in the Insular Treasury not otherwise appropriated, the sum or sums necessary for the payment of the cost of exchange or of transfer to the City of New York of funds required for the payment of interest or principal of such bonds as such cost or exchange or transfer is incurred.

SEC. 6. All Acts or parts of Acts in conflict with this Act are hereby repealed.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 its passage.
Enacted, October 7, 1907.

[No. 1750.]

AN ACT Making appropriation to reimburse the government of the city of Manila on account of expenditures made in the reconstruction of walls along the banks of the Pasig River below the Ayala Bridge.

Whereas the Municipal Board of Manila has waived in favor of the Insular Government its claims to possession and ownership of that portion of the Pasig River below the Ayala Bridge in consideration of reimbursement on account of expenditures made in the reconstruction of walls along the banks of said portion of the Pasig River; and

Whereas it is believed that the public interests will best be served by such adjustment of the question of possession and ownership between the Insular Government and the government of the city of Manila: Now, therefore,

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

SECTION 1. There is hereby appropriated, from any funds in the Insular Treasury not otherwise appropriated, the sum of two hundred and seven thousand pesos, or so much thereof as may be necessary, to reimburse the government of the city of Manila on account of expenditures made from the revenues of the city of Manila in the reconstruction of walls along the Pasig River below the Ayala Bridge: Provided, That the Municipal Board of Manila shall by resolution accept the conditions of this Act and waive, in favor of the Government of the Philippine Islands, its claims to possession and ownership of that portion of the Pasig River and the banks thereof and thoroughfares along said banks below the Ayala Bridge, reserving, however, to the city of Manila the right to occupy the property known as the "Arroceros Shops" site on the south bank of the Pasig

River, with the exception of that portion of said site now used and occupied by the Philippine School of Arts and Trades, and the premises now occupied by the Quinta Market on the north bank of the Pasig River: And provided further, That nothing in this Act shall be construed to relieve the city of Manila from paving and otherwise maintaining said thoroughfares at the expense of said city, or from the obligation of creating and maintaining at the expense of said city a public park along the south bank of said river should the committee on parks appointed by the Governor-General pursuant to a resolution of the Commission dated April twenty-sixth, nineteen hundred and seven, recommend such action. The Insular Auditor is hereby directed to ascertain the amount of expenditures which have been made from the revenues of the city of Manila in the reconstruction of walls along the Pasig River below the Ayala Bridge and, after acceptance by the Municipal Board of the city of Manila of the prescribed conditions in a form satisfactory to the Attorney-General, to transfer to the credit of the government of the city of Manila, out of the sum herein appropriated, the amount so ascertained.

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, October 7, 1907.

[No. 1751.]

AN ACT To provide for the arrest and return to ship of seamen deserting from certain merchant vessels in the Philippine Islands; for the adjudication by consuls of certain disputes and for the enforcement of consular decisions in such cases; and repealing Act Numbered Fourteen hundred and thirty-nine.

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

SECTION 1. On application made in writing by any consular officer of any foreign government having a treaty with the United States, stipulating for the restoration of seamen deserting, stating that the person therein named has deserted from a vessel of any such government while in any port of the Philippine Islands, and on proof by the exhibition of the register of the vessel, ship's roll, or other official document, that the person named belonged at the time of desertion. to the crew of such vessel, it shall be the duty of the Court of First Instance, or a judge thereof, to issue a warrant and to cause such person to be arrested and brought before such Court for examination. If on examination the facts stated are found to be true, the person arrested, not being a citizen of the United States nor of the Philippine Islands, shall be delivered up to the consular officer to be sent back to the dominions of any such government, or on the request and at the expense of the consular officer shall be detained until the consular officer finds an opportunity to send him back to the dominions of any such government. No person so arrested shall be detained for any greater period than that stipulated by the treaty under and by

virtue of which the demand for his arrest shall be made, and in case such treaty provides no term, he shall not be detained more than four months after his arrest, but at the end of that time shall be set at liberty and shall not be again molested for the same cause. If any such deserter shall be found to have committed any crime or offense his surrender may be delayed until the tribunal before which the case shall be pending or may be cognizable shall have pronounced its sentence, and such sentence shall have been carried into effect.

SEC. 2. Like application may be made by Philippine customs officers acting as American consular officers under authority of section eighty-four of the Act of Congress of 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," in which case the same procedure shall be had as if the case arose out of an application by the consul of a friendly foreign nation having a treaty with the United States stipulating for the return of deserting seamen: Provided, however, That no seamen brought before a Court on the application of an American consular officer shall be released because of the American citizenship of such

seamen.

SEC. 3. The proceedings at the examination of a person arrested under the preceding sections shall be summary in character and shall be regulated by rule of Court. The examination shall be held as soon as practicable after arrest, and such proceedings may be dismissed, or the person so in custody discharged, at any time upon written request of the consular or acting consular officer at whose instance the arrest was made.

SEC. 4. Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consuls-general, consuls, vice-consuls, or consular or commercial agents, of each nation shall have exclusive jurisdiction of controversies, difficulties, or disorders, arising at sea or in the waters or ports of the other nation, between the masters or officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, and the President has issued his proclamation in respect thereto as prescribed in section four thousand and seventynine of the Revised Statutes of the United States, such stipulation shall be executed and enforced within the jurisdiction of the Philippine Islands, as hereinafter declared.

SEC. 5. In all cases within the purview of the last preceding section, the consul-general, consul, or other consul or commercial authority of such foreign nation charged with the appropriate duty in the particular case, may make application to any Court of First Instance, or to any judge thereof, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping-articles, roll or other proper paper of the vessel, to the effect that the person in question is of the crew or ship's company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel, or that he has refused, or is about to refuse to submit to and obey the lawful jurisdiction of such consular or commercial

authority in the premises; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, (unless such officer be acting as an American consular officer), such person is not a citizen of the United States. Such application shall be in writing and duly authenticated by the consular or other sufficient official seal. Thereupon such Court of First Instance, or judge thereof, shall issue a warrant for the arrest of the person so complained of, directed to the sheriff of the province, or Chief of Police of the city of Manila, as the case may be, or in his discretion to any person being a citizen of the Philippine Islands or of the United States whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place.

SEC. 6. If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, and that the application is made by a consul other than the United States consul, and in all cases where it shall appear that the person arrested is a citizen of the Philippine Islands he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such Court or judge finds, upon the papers hereinbefore referred to, a sufficient prima facie case that the matter concerns only the internal order and discipline of such foreign vessel, or that the case, whether its nature be civil or criminal, does not affect directly the execution of the laws in force in the Philippine Islands, or the rights and duties of any citizen of the Philippine Islands or of the United States, with the above exception, he shall forthwith commit such person to prison, after approval of the commitment by the appropriate consular officer, where prisoners under sentence for crime may be lawfully committed, or, in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control and discipline of such master or chief officer, and to the jurisdiction of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction of the Philippine Islands in the premises. No person hall be detained more than the period of time stipulated in the treaty under which the proceedings are had, and if the treaty specifies no time, or if the application is made by officers acting as American consuls, no such person shall be detained more than two months after his arrest, and at the end of the time herein specified for his detention he shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officers making the application.

SEC. 7. For the purposes of the preceding sections, Philippine customs officers acting as American consular officers shall have rights, privileges, and powers similar to those granted by this Act to the consuls of a friendly foreign nation having a treaty with the United States in respect to which the President has issued his proclamation as described in section four of this Act.

SEC. 8. Act Numbered Fourteen hundred and thirty-nine and all Acts and parts of Acts in conflict with this Act are hereby repealed. SEC. 9. 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. 10. This Act shall take effect on its passage.

Enacted, October 7, 1907.

[No. 1752.]

AN ACT To amend sections four, five, and six of Act Numbered Fourteen hundred and one by making it unnecessary for the provincial board to advertise for bids for building any public work costing less than one thousand pesos, or for building or repairing any road, and by providing that the provincial board may authorize, by resolution, the director of public works to advertise for bids and to let contracts for any provincial public works; and to repeal section fifteen of Act Numbered Eighty-three.

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

SECTION 1. Section four of Act Numbered Fourteen hundred and one is hereby amended to read as follows:

"SEC. 4. The district engineer shall have general supervision over the construction, maintenance, and repair of all provincial public works in the provinces of the district to which he is assigned, which exceed in estimated cost the sum of five hundred pesos, and over all contracts connected with such works. No contract for public works exceeding a cost of five hundred pesos shall be undertaken by a provincial board before the plans and specifications have been examined and approved by the district engineer. Upon request of any provincial board in his district, the district engineer shall make investigations and surveys of proposed construction or repair of public works, and shall submit to said provincial board reports and estimates of the cost of construction or repair of such proposed works with his recommendations, and he shall, when necessary, prepare plans and specifications for such public works as may be required by the provincial board. It shall be the duty of the district engineer, by agreement with the president of each municipality, to fix the territory within which the duty of repairing, constructing, and maintaining roads, bridges and ferries shall fall upon the municipal government and that in which such duty shall fall upon the provincial government, and in case of disagreement the issue shall be settled by reference to the provincial board, whose decision shall be final."

SEC. 2. Section five of Act Numbered Fourteen hundred and one is hereby amended to read as follows:

"SEC. 5. All repair or construction of provincial works, except roads, involving greater cost than one thousand pesos, shall be let to the lowest responsible bidder, after public advertisement of not less than ten days, in a paper of general circulation in the province, if such there be, and by notice posted for not less than ten days at the main entrance of the provincial building; Provided, however, That no bid shall be accepted without the approval of the district engineer. The provincial board may authorize the provincial treasurer to advertise for bids in a paper of general circulation outside of the province, and, with the approval of the district engineer, may authorize the work to be done by day labor, if no bids have been received, or if it is manifestly for the public interest, to reject any and all bids received.