« ForrigeFortsett »
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 procure a duplicate thereof under such regulations as may be prescribed by the insular collector of customs upon the payment of double the fee exacted for the original certificate and the presentation of his true photograph in triplicate.
No Chinese person heretofore convicted in any court of the States or Territories of the United States or the Philippine Islands of a felony shall be permitted to register under the provisions of this act without special authority from the civil governor.
Sec. 5. Every Chinese person having a right to be and remain Application in the Philippine Islands shall obtain the certificate of registration of law. specified in section three of this act as evidence of such right and shall pay the fee and furnish his photograph in triplicate as in said section prescribed; and every Chinese person found without such certificate within the Philippine Islands after the expiration of the time limited by law for registration shall be presumed, in the absence of satisfactory proof to the contrary, to be a Chinese laborer and shall be subject to deportation as provided in section four of this act. Every Chinese person shall on demand of any customs official, police, constabulary, or other peace officer exhibit his certificate, and on his refusal to do so may be arrested and tried as provided in section four of this act.
Sec. 6. Any person who shall knowingly and falsely alter or sub- Forgery, etc. stitute any name for the name written in any certificate of registration or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate the person to whom said certificate was originally issued, or who shall falsely present any such certificate, shall be punished by a fine not to exceed one thousand dollars and imprisoned for a term not to exceed five years.
SEC. 7. Every Chinese person who may be entitled to come into Certificate on the Philippine Islands shall upon landing, if he so requests, be landing. given by the collector of customs of the port at which he lands a certificate containing his name, age, photograph, occupation, place of last residence, the date on which he landed, and such other data in respect to him as may be prescribed by the insular collector of customs, and such certificate shall be issued upon payment to the proper officer of fifty cents, United States currency, accompanied by a true photograph of the applicant in triplicate to the satisfaction of such officer.
SEC. 8. Each certificate issued under this act shall be made out Copies. in triplicate and to each of the triplicate copies shall be attached a true photograph of the person to whom issued. One of such trip licate certificates shall be delivered to the applicant, one filed in the office of the registrar of Chinese for the district within which the application is made, and the third transmitted to the insular collector of customs for permanent record and file.
SEC. 12. The word "laborer” or “laborers ” wherever used in Definitions. this act shall be construed to mean both skilled and unskilled manual laborers, including Chinese laundrymen and Chinese employed in mining, fishing, huckstering, peddling, or taking, drying, or otherwise preserving shell or other fish for home consumption or exportation.
The term "merchant” as employed in this act signifies a person engaged in buying and selling merchandise at a fixed place of business, which business is conducted in his name, and who during the time he claims to be engaged as a merchant does not engage in the performance of any manual labor except such as is necessary in the conduct of his business as such merchant. The definition of “ laborer” and “merchant” set out in this section shall receive the same construction as that given to it by the Federal courts of the United States and the rulings and regulations of the Treasury Department of the United States.
Act No. 703. Railroads-Safety appliances-Rules.
SECTION 19. *
* Brakes and such other safety appliances for Brakes, etc. the security of life and property shall be installed by the grantee
H. Doc. 733, 58-2-68
[Manila Railway) company on all trains and locomotives, at road crossings and at other places of danger, as may from time to time be designated and approved by the government.
Sec. 29. Before inaugurating the first district of the line conceded the grantee company shall submit for the approval of the proper governmental authority of the islands the working rules and regulations
for the guidance of its employees, and the government having given the company opportunity to be heard thereon, shall make in said working rules and regulations the additions and alterations which shall be considered necessary. These working rules and regulations, after being approved by the proper governmental authority, shall bave the force of law, but they shall be subject to modification at any time at petition of the company, or by direction of the government, said modifications being subject, after giving the company opportunity to be heard, to alteration by the proper authority, and when approved in presented or modified form shall have the force of law.
Act No. 780.—Examination and licensing of steam engineers-
Board of ex- SECTION 1. A board is hereby created, to consist of the collector aminers.
of customs for the Philippine Archipelago, the superintendent of the nautical school, the inspector of boilers, the inspector of hulls, and one master of a merchant vessel, who shall be appointed by the insular collector of customs, to examine and certify for licenses all applicants for the positions of master, mate, patron, and engineer of seagoing vessels in the Philippine coastwise trade. The insular collector of customs shall be president of the board ex officio, and any three members thereof shall constitute a quorum for the transaction of business. This board shall be known and referred
to as the "Board on Philippine Marine Examinations." Applicants to SEC. 2. Whenever any person applies for license as master, mate, be examined.
patron, or engineer of a Philippine coastwise vessel it shall be the duty of the board on Philippine marine examinations to make thorough inquiry as to his character and carefully to examine the applicant, the evidence le presents in support of his applieation, and such other evidence as it may deem proper or desirable, and if satisfied that his capacity, experience, habits of life, and character are such as to warrant the belief that he can be safely intrusted with the duties and responsibilities of the position for which he makes application, it shall so certify to the insular collector of customs, who shall issue a license authorizing such applicant to
act as master, mate, patron, or engineer, as the case may be. Meetings
3. The board shall meet at the office of the insular collector board.
of customs at Manila during the last week of the months of April, August, and December of each year and examine all applicants for any such positions who have filed in writing their applications for examination at least one month before the meeting of the board. Every applicant shall be examined physically by a competent phy. sician selected by the board, and, unless found to be physically sound, shall not be further examined and shall not be licensed.
Qualifications The board in examining applicants for the position of engineer of engineers. shall diligently inquire into the knowledge of said applicants of
the construction and operation of steam machinery and especially of engines and boilers, also as to the applicant's practical experience, character, and habits, and the board may, in its discretion. make such practical tests and examinations of applicants as it may deem necessary to demonstrate their fitness or unfitness for the positions which they seek. The board may also take the statements, written or oral, of any persons cognizant of the qualifica
tions of such applicants. Engineers SEC. 4 (as amended by Act No. 1025). The holders of licenses as previously li- master, mate, or engineer under the laws of the United States censed.
shall be eligible to appointment to like positions under this act.
Provided, That should any applicant for liceuse as