Comandancia of Dapitan, and the districts of Zamboanga, Cottabato, Davao and Basilan, shall receive a like compensation, for the same purpose, when absent from their respective places of residence in the district in performance of official duties at regular or special sessions of the court in other parts of the district; but the Judge shall not receive such allowance while holding court in the Province of Misamis."

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, November 16, 1901.

[No. 301.]

AN ACT in amendment of Act No. 25 relating to the appointment and removal of subordinate officers and employés in certain bureaus.

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. 25 entitled, "An Act Providing for the Appointment and Removal of Subordinate Officers and Employés in Certain Departments and Bureaus of the Government of the Philippine Islands," is hereby amended by adding at the end thereof the following words:

“Provided, nevertheless, that in case there is no head or acting head of any such office or bureau, or other office or bureau established by law, at the time when subordinate appointments to, or removals from, positions therein become necessary, such appointments and removals may be made by the Secretary of the Department under which the office or bureau is established.

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 18, 1901.

[No. 302.]

AN ACT making temporary provisions for the fees of officers of courts in criminal proceedings, and authorizing provincial fiscals to administer oaths in certain

cases.

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

SECTION 1. Until provision is made covering the subject by a Code of Criminal Procedure, clerks of courts and officers of courts, whether governors, sheriff's, their deputies or special deputies, shall be entitled, for issuing or serving all process and the performance of all duties in criminal proceedings, to receive the same fees as those to

which they would be entitled for like service by virtue of the provisions of Act No. 190, providing a Code of Procedure in Civil Actions and Special Proceedings. Such fees, incurred in behalf of the government in proceedings before a justice of the peace, shall be paid by the municipality in which the trial or preliminary investigation is held. Such fees shall be taxed against the defendant as a part of the costs to be paid if he be convicted and sentenced to pay the costs. But, if the services are rendered in the prosecution of a case in a court of first instance, the fees shall be paid out of the provincial treasury of the province in which the prosecution is held and taxed against the defendant as in prosecutions before a justice of the peace. On the first day of each month the Justice of the Peace of each municipality shall present to the Municipal Treasurer a detailed statement of the fees accruing to officers of courts from the municipal treasury during the preceding month by virtue of this act. The account thus rendered shall forthwith be audited by the Municipal Presidente and Treasurer, and the officer entitled thereto shall thereupon receive from the municipal treasury the amount of his fees as allowed by these auditors. For the purpose of the auditing herein provided, the auditors shall examine the records of the Justice of the Peace or any other papers or persons deemed necessary. Also, on the first day of each month, the Clerk of the Court of First Instance for each Province shall present to the Provincial Treasurer a detailed statement of the fees accruing to the Clerk or any officer of the court from the provincial treasury during the preceding month by virtue of this act. Such accounts shall forthwith be audited by the Provincial Treasurer, and the officer entitled to the same shall thereupon receive from the provincial treasury the amount thus allowed by the Treasurer. For the purpose of this auditing, the Treasurer shall examine the records of the Justice of the Peace or any other papers or persons deemed necessary. SEC. 2. The Fiscal of any province may, if he deems it wise, conduct investigations of crimes and misdemeanors by taking oral evidence of reputed witnesses, and for this purpose may issue subpoenas summoning witnesses to appear and testify under oath before him, and the attendance or evidence of absent or recalcitrant witnesses may be enforced by application to the Justice of the Peace of the municipality in which the investigation is being held, or the Court of First Instance of the Province. No witness summoned to testify under this section shall be under obligation to give testimony tending to criminate himself. This section shall not be construed to authorize a Provincial Fiscal to act as Justice of the Peace in any preliminary investigation, but only as authorizing him to secure the attendance of witnesses before him in making necessary investigation for the purpose of instituting or carrying on criminal prosecutions. For the purposes named in this section, each Provincial Fiscal is hereby authorized to administer oaths.

SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with seetion 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 21, 1901,

[No. 303.]

AN ACT amending Act No. 82, entitled "The Municipal Code" and Act No. 225, amendatory thereof.

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

SECTION 1. Act No. 82, entitled "The Municipal Code" is hereby amended as follows:

(a) By striking out of Section 3, everything after the word "qualified" in the eighth line and inserting instead, the following words: provided, that the President and Vice-President elected in 1901 shall hold office until the first Monday in January, 1903, or until their successors are duly chosen and qualified; provided further, that Councilors elected prior to June 1, 1901, shall divide themselves by lot into two classes, the seats of those of the first class to be vacated on the first Monday in January, 1902, and those of the second class one year thereafter or when their successors are duly chosen and qualified, and that Councilors elected subsequent to June 1, 1901, shall divide themselves by lot into two classes, the seats of those of the first class to be vacated on the first Monday of January, 1903, and those of the second class. one year thereafter or when their successors are duly chosen and qualified. After the passage of this act there shall be no elections for Councilors in December of 1901, in municipalities where elections have been held subsequent to June 1, 1901.”

(b) By adding at the close of section 4 (b) the words "and the Commission shall approve it."

(e) By adding at the close of section 6 the words "Provided, that officers, soldiers, sailors or marines of the Army or Navy of the United States shall not be considered as having acquired legal residence within the meaning of this section by reason of their having been stationed in the municipalities for the required six months."

(d) By adding at the close of sub-section (b) of section 13, the following words: "The Provincial Governor shall issue to each legally elected municipal officer a certificate of election. Certificates of election in blank, sufficient in number for the needs of each province, shall be supplied to the Provincial Governor by the Provincial Supervisor, who shall purchase them from the Treasurer of the Philippine Islands."

(e) By adding a new paragraph to section 13, as follows: "(c) Upon the election of a new president and vice-president, an accounting shall be had between the incoming and the outgoing municipal officers, and the latter shall turn over to the former all municipal books, records, accounts and moneys. The incoming officials shall inform the Provincial Fiscal of any irregularities in the management of the municipal funds which they may discover."

(f) By adding after the word "barrio" in the third line from the end of paragraph (b) of section 37, the words: "shall be a duly qualified elector;" and by adding at the close of the same paragraph the following words: "Each Councilor shall be empowered to appoint a substitute lieutenant, who shall be a duly qualified elector, for each barrio, or part of barrio, which comes under his immediate supervision, to take the place of the lieutenant of such barrio, or part of barrio, during his temporary absence or inability to perform his duties."

(g) By adding at the close of paragraph (b) of section 39 the follow

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.”

(i) 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.