« ForrigeFortsett »
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 con ceded 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 bean 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 have 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.-Eramination 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 bulls, 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 he presents in support of his application, 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 of SEC. 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
shall be eligible to appointment to like positions under this art.
Provided, That should any applicant for license as
master, mate, patron, or engineer produce a properly authenticated license issued to him by the duly constituted authorities in the Philippine Islands during the Spanish régime, or such other evidence of competency as may be satisfactory to the board, and shall have been engaged in the coastwise trade in the waters of the Philippine Islands in the position for which he seeks a license for at least two years, such written examination shall not be required, and license shall be issued thereon, provided he is shown to be physically sound and of good moral character and within the requirements of section seven of this act.
Sec. 5. To obtain a license, every applicant shall be required to Proficiency show a proficiency in the subjects upon which he is examined and required. shall answer correctly at least seventy-five per cent of the questions propounded to him on such examination. Examinations of all applicants, as well as the records of the board, shall be kept in the office of the insular collector of customs at Manila.
SEC. 6. Every license authorized to be issued as above set forth Term of lishall be operative and in force until July first, nineteen hundred censes. and four, but the insular collector of customs may at any time suspend or revoke any license upon satisfactory proof of misconduct, intemperate habits, incapacity, or inattention to duty on the part of the licensee.
Sec. 7. On and after August first, nineteen hundred and three, Citizenship. every applicant for license as master, mate, patron, or engineer of a Philippine coastwise vessel shall be a citizen of the United States or of the Philippine Islands: Provided, houerer, That any citizen or subject of any other country who may be acting as master, mate, patron, or engineer of any Philippine coastwise vessel at the time of the passage of this act, may, upon application to the insular collector of customs, be granted a certificate of service, which shall authorize him to continue to act in the Philippine coastwise trade as such master, mate, patron, or engineer, as the case may be, upon his making proper showing to the board hereinbefore created, either by the presentation of a properly authenticated license from some other recognized maritime country satisfactory to the board, or by such other evidence of competency and good character as the board in its discretion may deem sufficient: And provided further, That he shall have seen at least two years' service in the coastwise trade of these islands under the American flag and that he shall take the following oath :
“I hereby solemnly swear that I acknowledge the sovereignty and authority of the United States in the Philippine Islands and of the government constituted by the United States herein, and that while in the islands I will support and maintain the same, and that I will not at any time hereafter while in these islands or while serving under this license at any place aid, abet, or incite resistance to the authority of the United States or of the government established by the United States in these islands, and that I take this oath voluntarily, without any mental reservation whatsoever. So help me God."
SEC. 10. Philippine coastwise vessels which have on board a Citizen engi. chief engineer who is not a citizen of the United States or of the neer to be emPhilippine Islands, although authorized to perform the duties of ployed. such in accordance with section seven of this act, shall have on board as a first assistant engineer a citizen of the United States or a citizen of the Philippine Islands duly authorized by the board to act as such; and every Philippine coastwise vessel which has on board a first assistant engineer who is not a citizen of the United States or a citizen of the Philippine Islands shall have, as chief engineer, either a citizen of the United States or a citizen of the Philippine Islands duly authorized by the board to act as such : Provided, however, That, in the case of Philippine coastwise vessels on which neither the chief engineer nor the first assistant engineer is a citizen of the United States or a citizen of the Philippine Islands, there shall be employed and carried at least two other assistant engineers who shall be citizens of the United
States or citizens of the Philippine Islands, duly authorized by the board to act in such capacity.
Any Philippine coastwise vessels (vessel] which fails to comply with the terms of this section shall be required to pay an additional tonnage tax at the rate of ten cents, United States currency,
per net ton per month during the continuance of said failure. Seagoing ves
Sec. 12. All seagoing steam vessels engaged in Philippine coastsels.
wise trade shall employ and carry a licensed chief engineer, and all such steam vessels making night runs will employ and carry at least one licensed chief engineer and one licensed assistant engineer : Provided, however, That the insular collector of customs may direct that more than two licensed engineers shall be entployed and carried on any steamer when, in his opinion, the same
are required. River, etc., vessels.
SEC. 13. All steam vessels engaged exclusively in bay, river, and harbor work shall only be required to carry a chief engineer pas
sessing a second-class license. Fees.
SEC. 15. Before issuing a license to any applicant for the position of master or engineer, the insular collector of Customs shall receive from such applicant the sum of ten dollars in compensation for his examination and license, and for the same service shall de mand and receive from every mate, patron, or assistant engineer the sum of five dollars, money of the United States. The sums thus collected shall be paid by the insular collector of customs into the insular treasury.
Act No. 1025.—Examination and licensing of steam engineers,
SECTION 2. Upon the expiration of the license authorized to be certificates.
issued by said act numbered seven hundred and eighty, the said board [of marine examinations] is further authorized and empoi ered to renew such license from year to year upon due application being made as prescribed in said act, but each renewal shall be operative for only one year. In case of renewal of license the written examination required by section three of said act shall not be had, but the applicant for renewal shall only be required to submit to an examination, if deemed necessary by the board, to test his physical soundness, but the board is authorized to refuse any application for renewal upon satisfactory evidence of misconduct, in temperate habits, incapacity or inattention to duty on the part of the licensee, and also to revoke any such renewal license, when granted, for the same reasons, or any of them.
REVISED STATUTES AND CODES—1902.
Employment of children.
Limit of day's SECTION 166. No child of either sex, under sixteen years shall Tabor.
be compelled to work in agricultural factories and manufacturing establishments over six hours per day, three in the morning and three in the afternoon. All persons who shall violate this provision shall be fined in a sum of from five to fifteen dollars,
or imprisonment not to exceed thirty days for each offense. Compulsion to labor.
SEC. 167. No foreman, teacher or other person having under his charge the work, care or education of a minor under sixteen years of age, shall resort to inhumane treatment to compel such minor to work or to study. Any violation of the provisions hereof shall be punished with a fine of from five to fifteen dollars or imprisonment not to exceed thirty days for each offense.
Protection of employees as voters.
SECTION 289. *
if an employer of laborers or an agent Discharging, of such employer threatens to withhold the wages of, or to dis- withholding miss from service any laborer in his employment, or refuse[s] to
wages, etc. allow to any such employee the time to attend at the place of election and vote, [he] shall be guilty of a felony, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.
Liability of employers for injuries to employees.
SECTION 322. Where, after the passage of this act, personal Injury caused injury is caused to an employee who is himself in the exercise byof due care and diligence at the time :
1. By reason of any defect in the condition of the ways, works, Defective or machinery, connected with, or used in the business of the em
machinery ; ployer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works, or machinery, were in proper condition; or
2. By reason of the negligence of any person in the service of Negligence of the employer entrusted with the exercising of superintendence superintendwhose sole or principal duty is that of superintendence; or
3. By reason of the negligence of any person in the service of Person in the employer who has charge of, or physically controls, any signal charge of locoswitch, locomotive engine, car or train in motion, whether at motive, etc. tached to an engine or not, upon a railroad, the employee, or, in Who may sue. case the injury results in death, his widow or children, or both of them, and if there be no such widow and children, then his parents (provided that said parents were dependent upon such employee for support) may maintain an action for damages against the employer, pursuant to the provisions of this act.
SEC. 323. When an employee receives a personal injury under Damages. any of the conditions enumerated in section 1 hereof (sec. 322), he may bring an action against his employer before the proper district court, to recover damages for such injury. The damages so recovered shall not exceed the sum of two thousand dollars, and in assessing the amount of such damages the court shall take into consideration the degree of culpability of the employer, or of the person for whose negligence the employer is liable hereunder, the sums expended by the employee for medical attendance, for drugs, medicines and similar necessary expenses, and the loss of wages while recovering from the injury; the court shall also take into consideration the physical pain and suffering caused by the injury. If the injury Le of such character as to permanently impair the earning capacity of the employee, the court shall include in the damages awarded an allowance for such loss. In case the injury results in a temporary impairment of his earning capacity, the court, in addition to pain and suffering and the expenditures for medical services and drugs, shall take into consideration the average rate of wages which, under ordinary conditions, he might have earned if not injured.
SEC. 324. In case of the death of the employee before the ter- Survival of mination of the action so brought against the employer, it may be action. continued in the name of his widow or children, and if there be no such widow or children, then in the name of his parents, if they, or either of them, were dependent upon such employee for support at the time of the injury. If it shall appear in any action so continued in the name of the widow, children or parents of a deceased injured employee that the death was the result of the injury, damages shall be assessed by the court in a sum not to Limit of dam. exceed three thousand dollars; and the, court shall estimate such ages. damages in accordance with: