« ForrigeFortsett »
duly chartered bank, by the payment in lawful money of the
United States, to the amount of said paper, representing an Taxation of amount due for wages or earnings, is a payment, and he, they or outstanding it shall, besides other requirements of law, pay into [the] treasury orders, etc.
of the Commonwealth (25) per centum on the face value of such orders, checks, dividers, coupons, pass books, or other paper, representing an amount due for wages or earnings, not redeemed as aforesaid ; and in case any person, firm, partnership, corporation, or association shall neglect or refuse to make report, required by this section, to the auditor general, on or before the first day of December of each and every year, such person, firm, partnership, corporation, or association, so neglecting or refusing, shall, besides other requirements of law, pay as a penalty into the State treasury twenty-five (25) per centum, in adition to the twenty-five (25) per centum tax imposed as aforesaid in this section, on the face value of all such orders, checks, dividers, coupon[s], pass books, or other paper, representing an amount due for wages or earnings, not redeemed by paying the employee or a member of his family in lawful money of the United States, within said thirty (30) days, by the person, firm, partnership, corporation, or association making, giving or issuing the same; the honoring of paper, repre
senting wages or earnings, by a bank is a sufficient payment: Provisos. Provided, This act shall not apply to tools and blasting ma
terial, and other mine supplies, furnished by the employer to the employee, used by the employee at or about the employee's rocation;
nor to coal sold by the employer to the employee, nor to rent for houses leased from the employer and occupied by the employee: ” And provided further, that this act shall not apply to moneys paid to the treasurers of the employees about coal mines, who have agreed to have a pro rata part of their earnings paid by the operator to such treasurers, who are to pay check weighmen or check measurers.
[The following laws enacted in 1897 do not appear in Brightly's Digest, but as they have been neither repealed nor declared unconstitutional, they are given herewith as valid :)
Act No. 108.--Liability of employers of aliens for taxes of
Taxes to be SECTION 1. *
all corporations, associations, companies, deducted from firms or individuals employing persons who are not citizens of wages.
the United States shall, upon the receipt of a written notice from the tax collector of the county or district in which such taxes was (were] assessed, containing the name or names of the taxable or taxables and the amounts respectively due, deduct from the wages or earnings of such employee or employees a sum sufficient to pay the respective amounts of taxes assessed against each of such alien employees, and pay the same to the collectors of the district in which said aliens are employed within sixty days
after said notice shall have been given. Penalty. SEC. 2. Any corporation, association, company, firm or individ
ual failing to comply with the provisions of this act shall forfeit and pay the sum of double the amount of the tax for each and every taxable whose taxes are not withheld and paid over as herein directed, to be recovered by action of assumpsit as debts of like amount are now by law recoverable, and when collected shall be paid into the treasury of the county in which such alien labor is or was employed for the use of such county.
Act No. 379.—Hours of labor on public works.
Eight hours a SECTION 1.
eight hours out of the twenty-four of each day's labor.
day shall make and constitute a legal day's work for mechanics, workmen and laborers in the employ of the State, or any municipal
corporation therein, or otherwise engaged on public works. Act applies to SEC. 2. This act shall apply to all mechanics, workingmen and whom.
laborers now or hereafter employed by the State, or any municipal corporation therein, through its agents or officers, or in the employ of persons contracting with the State or said corporation for the performance of public work, and in all such employment none but citizens of the United States, or aliens who shall have legally declared their intention to become such, who have been residents of the State in which such work is to be done for the six months next preceding the date of such employment, shall be employed by the State or any municipal corporation therein, or by any person or persons contracting with the same; and every contract hereafter made for the performance of public work must comply with the requirements of this section: Provided, That nothing in this act shall affect contracts in existence at the time of the passage of this act.
Sec. 3. Any officer or officers or agents of the State, or of any Penalty. municipal corporation therein, who shall willfully violate or otherwise evade the provisions of this act, shall be deemed guilty of malfeasance in office, and upon conviction thereof may be removed by the governor or head of the department to which said officer is attached.
SEC. 4. Any person or persons contracting with the State or any Penalty. municipal corporation therein, and any officer or agent of the State or any municipal corporation therein, who shall fail to comply with, or attempt to evade the provisions of this act shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding one thousand dollars.
CHAPTER 611.-Erclusion of Chinese laborers. [See under United States, Acts of 1901-2, below.]
CHAPTER 1369.–Slave labor. SECTION 5..
Neither slavery, nor involuntary servitude, except as a punish- Slavery pro. ment for crime whereof the party shall have been duly convicted, hibited. shall exist in said islands.
SEC. 74. The government of the Philippine Islands may grant Employment franchises, privileges, and concessions, including the authority of slave labor. to exercise the right of eminent domain for the construction and operation of works of public utility and service,
Provided further, That it shall be unlawful for any corporation organized under this act, or for any person, company, or corporation receiving any grant, franchise, or concession from the government of said islands, to use, employ, or contract for the labor of persons claimed or alleged to be held in involuntary servitude ; and any person, company, or corporation so violating the pro- Penalty. visions of this act shall forfeit all charters, grants, franchises, and concessions for doing business in said islands, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not less than ten thousand dollars.
LAWS OF U. S. PHILIPPINE COMMISSION–1902.
who shall be known as the public printer. The duties of the public printer shall be :
4. To employ workmen who are thoroughly skilled in their competency respective branches of industry as shown by trial of their skill to be tested. under his direction, in accordance with the provisions of the civil service act.
LAWS OF U. S. PHILIPPINE COMMISSION–1903.
Act No. 650.—Bureau of printing-Apprentices--Rates of pay. Apprentices. SECTION 1. There may be employed in the bureau of publie print
ing as many apprentices as in the judgment of the secretary of public instruction the interests of the public service will permit, such apprentices to be selected by the public printer subject to such requirements as to age. physique, bealth, character, and edu
cation as may be prescribed by the Philippine civil service board. Classes.
Apprentices shall be designated as first, second, third, fourth, fifth and sixth class apprentices, and shall be paid and serve in each class as hereinafter prescribed. All original appointments shall be to the sixth class, and apprentices shall be required to serve at least three months in this class at twenty cents per day before promotion to the fifth class, at least six months in the fifth class at thirty cents per day before promotion to the fourth class, at least nine months in the fourth class at forty cents per day before promotion to the third class, at least six months in the third class at sixty cents per day before promotion to the second class, at least six months in the second class at eighty cents per day before promotion to the first class, and at least six months in the first class at one dollar and ten cents per day, when they may be rated in the bureau of public printing as craftsmen. The promotion or reduction of an apprentice from one class to another shall be made by the public printer, and shall be based on the civil service
efficiency rating of the apprentice. Extra com Sec. 2. Each native craftsman employed in the bureau of public pensation.
printing at the end of three years of honest, faithful, satisfactory, and continuous service in such bureau from the date this act lecomes effective shall be entitled to receive extra compensation as follows: Ten cents per diem for each full day of actual service rendered at a daily wage of sixty cents or more but less than one dollar and twenty cents; twenty cents per diem for each full day of actual service rendered at a daily wage of one dollar and twenty cents or more but less than one dollars [dollar) and sixty cents; and thirty cents per diem for each full day of actual service rendered at a daily wage of one dollar and sixty cents or more: Provided, That on the recommendation of the public printer, approved by the seeretary of public instruction, one year's accumulated extra compensation may be paid at the conclusion of two years' continuous serr ice: And provided further, That in case of the separation of any native craftsman from the bureau of public printing before completing the three years' service herein prescribed on account of permanent disability or death, such native craftsman or his estate, as the case may be, may, on the recommendation of the public printer, approved by the secretary of public instruction, receive the extra compensation herein provided which may have accumulated up to the time of his separation from service in the bureau. The time served by native craftsmen as second-class and first-class apprentices shall be counted as a part of the three years' honest, faithful, satisfactory, and continuous service for which extra compensation is allowed by the provisions of this section. For the purposes of this act the services of native craftsmen shall be deemed continuous until such craftsmen are definitely separated
from service in the bureau of public printing. U. S. money. SEC. 4. The compensation mentioned in this act is stated in
money of the United States, but may be paid either in money of the United States or its equivalent in local currency at the author. ized rate, as may be provided by law or order.
Act No. 701.-Benefit societies. Objects. SECTION 1. Mutual benefit, relief, and benevolent societies or
associations, whether incorporated or not, formed or organized for the purpose of paying sick benefits to members, or of furnishing support to members while out of employment, or of furnishing professional assistance to members, or of paying to relatives of deceased members a fixed or any sum of money, or providing for any method of accident or life insurance out of dues or assessments collected from the membership, and societies or associations making either or any of such purposes features of their organization Reports. on the basis of fixed dues or assessments, shall report to the insular treasurer within thirty days after the passage of this act or within thirty days after their organization the fact of their formation, the name of the association, its principal place of business, the name of the president, secretary, and treasurer, and board of directors, or the names of officers having the usual duties of such offices by whatever name designated, the general purposes of such societies and the provision of the constitution or by-laws fixing the amount of dues or assessments and their disposition. Such societies or associations shall annually, on the first day of July, make a full report to the insular treasurer of their financial condition and a complete itemized statement of all their receipts and disbursements, including the name and address of the person from whom received and the name and address of the person to whom disbursed. SEC. 2. Whenever a petition is presented to the insular treasurer Examina
tions. duly verified by at least three persons interested in such society either as members, beneficiaries, or creditors and showing the necessity or expediency of such action, or whenever be deems it proper or necessary, the said insular treasurer either by himself or his duly authorized representative must make a careful examination into the financial affairs of such society or association, verify the resources and moneys on hand, check up the expenditures and ascertain its ability to meet its liabilities and fulfill the obligations entailed upon it by its constitution, by-laws, rules, or regulations. SEC. 4. Any person, whether a member or not of any such so
funds. ciety or association, who shall misappropriate or divert from its lawful purpose, or appropriate to his own use or that of another, without proper authority, any of the funds or property of the society, shall be punished by a fine not to exceed five thousand dollars or by imprisonment not to exceed five years, or by both such fine and imprisonment.
SEC. 5. Whenever the result of the examination by the insular Insolvency. treasurer shall show that the finances of the association are in such condition that it can not meet its liabilities and that its funds have been diverted from the purposes for which it was organized, to such an extent as to require him to declare it to be [in]solvent, he shall report the same to the attorney-general, who shall, in the name of the insular government, file a petition in the court of first instance to dissolve the association, sell its property, collect its assets and distribute the proceeds to the persons by law entitled to receive the same. In the settlement of the affairs of the association it shall be within the discretion of the court either to appoint the insular treasurer as the agent of the association to close up the affairs of the association or to appoint a receiver who shall discharge the same duty.
SEC. 8. The order appointing a receiver or designating the insu- Business to lar treasurer as an agent for the settlement of such societies shall cease. contain an injunction against all officers, agents, and collectors of the society, forbidding them to continue in the collection or disbursement of moneys belonging to the society, whether such officers or agents are resident or actually in the judicial district in which the petition is filed, or in other provinces, and it shall be the duty of the officers of the association at once, upon the making of the order appointing the receiver, to notify all agents and collectors of the making of the order and to direct same to cease collecting or disbursing money of the association. Sec. 9. It shall be unlawful for the insular treasurer or the
Publishing attorney-general, or the deputy of either, engaged in the investiga- information. tions and examinations provided by this act, to make public either the condition of the society or any information obtained with
respect to the condition of the receipts or the expenditures of such society, unless it shall be necessary to proceed against any of the officers of the association criminally for an offense under section four, or to apply to the court of first instance for a dissolution of the society under section five.
ACT No. 702.-Restriction of Chinese immigration–Registration. Registration SECTION 1. The Collector of Customs for the Philippine Archidirected.
pelago is hereby authorized and directed to make the registration of all Chinese laborers in the Philippine Islands as required and prescribed by section four of the act of Congress approved april twenty-ninth, nineteen hundred and two, [chapter 641, Acts of 1901–2] entitled "An Act to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Co lumbia, of Chinese and persons of Chinese descent," and to employ for that purpose the personnel of the Philippine customs service the provincial and military officers hereinafter provided, and such
other persons as may be necessary. Rules, etc. SEC. 2. The insular collector of customs shall make such rules
and regulations as may be necessary for the efficient execution of this act, prescribing the form of certificates of registration re quired hereby, and making such provisions that certificates may
be procured in localities convenient to the applicants. Certificates. SEC. 3. Each certificate of registration shall contain the name.
age, date, and place of birth, registry of birth, if any, local residence, occupation, and photograph of the person therein de scribed, and such other data in respect to him as shall be pre scribed by the insular collector of customs, and shall be issued by the proper officer upon payment to him of a fee of fifty cents. United States currency, said fee to be accompanied by a true photograph of the applicant in triplicate to the satisfaction of such
officer. Neglect to SEC. 4. Any Chinese laborer within the limits of the Philipprocure. pine Islands who shall neglect, fail, or refuse to obtain within
the time prescribed by section four of the act of Congress of the United States, referred to in section one of this act, the certificate of registration by this act provided to be issued, and who shall be found within the Philippine Islands without such certificate of registration after such time has elapsed, may be arrested upon warrant issued by the court of first instance of the province or by the justice's court of the municipality returnable before said court of first instance, by any customs official, police, constabulary, or other peace officer of the Philippine Islands and brought before any judge of a court of first instance in the islands whose duty it shall be to order that such Chinese laborer be deported from the Philippine Islands, either to China or the country from whence he came unless he shall affirmatively establish clearly and to the satisfaction of such judge, by at least one credible witness other than Chinese, that although lawfully in the Philippine Islands at and ever since the passage of this act he has been unable by reason of accident, sickness, or other unavoidable cause to procure the certificate within the time prescribed by law, in which case the court shall order and adjudge that he procure the proper certificate within a reasonable time and such Chinese laborer shall bear and pay the costs of the proceedings : Provided, houerer, That any Chinese laborer failing for any reason to secure the certificate required under this law within two years from the date of its passage shall be deported from the islands. If it appears
that such Chinese laborer had procured a certificate in due time Lost cortif- but that the same had been lost or destroyed, he shall be allowed cate.
a reasonable time to procure a duplicate from the insular collector of customs or from the officer granting the original certificate, and upon the production of such duplicate such Chinese laborer shall be discharged from custody upon payment of costs.
Any Chinese person having procured a certificate of registration, and the same having been lost or destroyed, shall have a right to