[No. 274.]

AN ACT prohibiting the unauthorized destruction of timber on public lands.

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

SECTION 1. The making of so-called "caingins," or clearings, on public lands, by felling or burning trees, is hereby prohibited.

SEC. 2. Any person violating the foregoing provision of this act shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100) in money of the United States, or by imprisonment for not more than thirty days (30), or both, in the discretion of the court, for each offense, and shall pay charges on timber unlawfully cut or burned in accordance with the rates fixed in General Order No. 92, Office of the United States Military Governor in the Philippine Islands, issued June 27, 1900, or in lieu of such payment, shall suffer one day's imprisonment for each dollar of unpaid charges. SEC. 3. It shall be the duty of the Civil Governors of Provinces, of the Philippines Constabulary and of Municipal Presidents to arrest and turn over to the proper authorities for trial all persons within the territory under their respective jurisdictions who violate the provisions of this act, and Municipal Presidents are hereby empowered to use the municipal police in making such arrests.

SEC. 4. Where the person or persons found making "caingins" are members of a non-Christian tribe, or are ignorant of the law, they shall be dismissed with a warning, in the case of a first offense, but, upon conviction for a second offense, shall be punished as hereinbefore provided.

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, October 21, 1901.

[No. 275.]

AN ACT amending act No. 55, relating to cruelty to animals in transportation, so as to require proper means of securing animals in transit and of loading and unloading them.

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. 55, entitled "An Act Providing for Wholesome Food Supplies and Preventing Cruelty to Animals in Transportation," is hereby amended by adding at the end of said section the following words: "The owners or masters of steam, sailing or other vessels, carrying or transporting cattle, sheep, swine, or other animals from one port in the Philippine Islands to another, or from any foreign port to any port within the Philippine Islands, shall provide suitable means for securing such animals while in transit so as to avoid all cruelty and unnecessary suffering to the animals, and suitable and proper facilities for loading and unloading cattle or other animals upon or from vessels upon which they are transported, without cruelty or unnecessary suffering. It is hereby made unlawful to

load or unload cattle upon or from vessels by swinging them over the side by means of ropes or chains attached to the horns." SEC. 2. This act shall take effect November 1, 1901. Enacted, October 23, 1901.

[No. 276.]

AN ACT in amendment of act No. 226 authorizing the provincial board for the province of Cebú to use the funds therein mentioned for the relief of needy persons.

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

SECTION 1. Act No. 226, entitled "An act appropriating two thousand, three hundred and eighty-three dollars and ninety-six cents ($2,383.96), in money of the United States, for the Provincial Government of Cebú," is hereby amended by adding at the end of section 1 of said act the following words:

"The Provincial Board is hereby authorized to use the funds mentioned in this section, in its discretion, for the relief of inhabitants of the province who are in need of assistance, in cases where such relief will tend to promote the pacification of the province."

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, October 23, 1901.

[No. 277.]

AN ACT defining the law of libel and threats to publish a libel, making libel and threats to publish a libel misdemeanors, giving a right of civil action therefor, and making obscene or indecent publications misdemeanors.

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

SECTION 1. A libel is a malicious defamation, expressed either in writing, printing, or by signs or pictures, or the like, or public theatrical exhibitions, tending to blacken the memory of one who is dead, or to impeach the honesty, virtue or reputation, or publish the alleged or natural defects of one who is alive, and thereby expose him to public hatred, contempt or ridicule.

SEC. 2. Every person who wilfully and with a malicious intent to injure another, publishes or procures to be published, any libel, shall be punished by a fine of not exceeding two thousand dollars, or imprisonment for not exceeding one year, or both.

SEC. 3. An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

SEC. 4. In all criminal prosecutions for libel, the truth may be given in evidence to the court, and if it appears to the court that the matter charged as libelous, is true, and was published with good motives and for justifiable ends, the party shall be acquitted; otherwise he shall be convicted; but to establish this defense, not only must the truth of

the matter so charged be proven, but also that it was published with good motives and for justifiable ends.

SEC. 5. To sustain a charge of publishing a libel, it is not needful that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel, under circumstances which exposed it to be read or seen by any other person than himself.

SEC. 6. Every author, editor, or proprietor of any book, newspaper or serial publication, is chargeable with the publication of any words contained in any part of such book or number of each newspaper or serial, as fully as if he were the author of the same.

SEC. 7. No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument or debate in the course of the same, except upon proof of malice in making such report, which shall not be implied from the mere fact of publication.

SEC. 8. Libelous remarks or comments connected with matter privileged by the last section, receive no privilege by reason of being so connected.

SEC. 9. A private communication made by any person to another, in good faith, in the performance of any duty, whether legal, moral or social, solely with the fair and reasonable purpose of protecting the interests of the person making the communication or the interests of the person to whom the communication is made, is a privileged communication, and the person making the same shall not be guilty of libel nor be within the provisions of this act.

SEC. 10. Every person who threatens another to publish a libel concerning him, or any parent, husband, wife or child of such person, or any member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, shall be punished by a fine of not exceeding one thousand dollars, or by imprisonment for not exceeding six months, or both.

SEC. 11. In addition to the criminal action hereby prescribed, a right of civil action is also hereby given to any person libeled as hereinbefore set forth against the person libeling him, for damages sustained by such libel, and the person so libeled shall be entitled to recover in such civil action, not only the actual pecuniary damages sustained by him but also damages for injury to his feelings and reputation, and in addition such punitive damages as the court may think will be a just punishment to the libeler and an example to others. Suit may be brought in any Court of First Instance having jurisdiction of the parties. The presumptions, rules of evidence and special defenses herein provided for criminal prosecutions shall be equally applicable in civil actions under this section.

SEC. 12. Any person who writes, composes, stereotypes, prints, publishes, sells, or keeps for sale, distributes or exhibits, any obscene or indecent writing, paper, book, or other matter, or who designs, copies, draws, engraves, paints, or otherwise prepares any obscene picture or print or who moulds, cuts, casts or otherwise makes any obscene or indecent figure, or who writes, composes or prints any notice or advertisement of any such writing, paper, book, print or figure, shall be guilty of a misdemeanor and punished by a fine of not exceeding one thousand dollars or by imprisonment not exceeding one year, or both. SEC. 13. All laws and parts of laws now in force, so far as the same

may be in conflict herewith, are hereby repealed; provided: that nothing herein contained shall operate as a repeal of existing laws in so far as they are applicable to pending actions or existing causes of action, but as to such causes of action or pending actions existing laws shall remain in full force and effect.

SEC. 14. All criminal actions under the provisions of this act shall be begun and prosecuted under the sole direction and control of the ordinary prosecuting officers, anything in the existing laws to the contrary notwithstanding.

SEC. 15. This act shall take effect on its passage.
Enacted, October 24, 1901.

[No. 278.]

AN ACT providing that the time within which the cedula tax for the year 1901, shall be due and payable in each province may be extended in the discretion of the Provincial Treasurer to a period not later than the first day of January, 1902.

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

SECTION 1. The Treasurer of any province is hereby authorized, in his discretion, to extend the time within which the cedula tax for the year 1901, shall be due and payable in his province to a period not later than the first day of January, 1902, by posting notices in four conspicuous places in each municipality of the province, and at the door of the provincial building, stating that such postponement has been made. In the provinces where such postponement shall be made as in this section provided, persons failing to pay the cedula tax within the time originally fixed by the Provincial Treasurer in accordance with law, but who shall pay the same before the date fixed by the Treasurer for the expiration of the extension of the time as provided in this act, shall not be subject to the penalties provided in section 30 of Act No. 133, any provisions in said Act No. 133 to the contrary notwithstanding.

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, October 24, 1901.

[No. 279.]

AN ACT prescribing the method of executing leases of real estate to or by the Insular Government.

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

SECTION 1. All leases of houses or other real estate or other contracts for the use and occupancy of property made to or by the Insular Government or any Department or Bureau thereof, shall be executed for and in behalf of the Insular Government by the Civil Governor.

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, October 25, 1901.

[No. 280.]

AN ACT amending Act No. 83, as amended by Act No. 133, and authorizing the Civil Governor to temporarily fill vacancies in provincial offices.

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

SECTION. 1. Section 21 of the Provincial Government Act No. 83, as amended by Act No. 133, is hereby amended by adding at its close the following words: "In case of suspension or absence of any provincial officer, the Civil Governor shall have power to appoint a person to perform the duties of the office during such absence or suspension." 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, October 25, 1901.

[No. 281.]

AN ACT amending section 1 of Act No. 196, authorizing the loan from the insular treasury of twenty-five thousand dollars to the provinces of Capiz, Ambos Camarines and Iloilo, by permitting the provincial board to purchase rice and to pay wages in rice instead of money.

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. 196, authorizing the loan of twentyfive thousand dollars each to the provinces of Capiz, Ambos Camarines and Iloilo for the construction of roads, is hereby amended by adding thereto the following:

"The provincial board shall have the discretion to authorize the expenditure of a proper part of said sum for the purchase of rice and the payment of wages in rice instead of money, as the necessities of the situation seem to demand."

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, October 26, 1901.