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2136. Philippines; administration of oaths. That there is hereby conferred upon the Chief Clerk and the Assistant Chief Clerk, respectively, of the Office of the United States High Commissioner to the Philippine Islands, the authority whenever either of them is required or deems it necessary or proper so to do at any place within the territorial limits of the Commonwealth of the Philippines, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States or any of its possessions. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before such Chief Clerk or Assistant Chief Clerk when certified under their respective hands and accompanied by a certificate attesting the official position of the person certifying as such Chief Clerk or Assistant Chief Clerk, under the hand and the seal of office of the United States High Commissioner to the Philippine Islands or of the Acting United States High Commissioner to the Philippine Islands, shall be as valid, and of like force and effect within the United States and its possessions, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done by or before any other person within the United States or its possessions duly authorized and competent thereto: Provided, That nothing herein contained shall be held to limit or to replace any provision of law now in force in the Philippine Islands relative to the administration of oaths or the performance of notarial acts therein. Sec. 1, act of Aug, 11, 1937 (50 Stat. 621); 48 U. S. C. 1237c (a).

Any person who shall willfully and corruptly misstate, or by any means procure any person to misstate, any material fact or matter in any such oath, affirmation, affidavit, or deposition, or shall forge any of the signatures or the seal hereinbefore mentioned or shall tender in evidence any of the documents heretofore mentioned with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, may be charged and tried in any court of the United States or of its possessions, including the Commonwealth of the Philippines, within whose territorial jurisdiction he may be found, and upon conviction of any offense herein described shall be imprisoned for not less than one nor more than three years, and fined in a sum not to exceed $3,000. Sec. 2, act of Aug. 11, 1937 (50 Stat. 621); 48 U. S. C. 1237c (b).

Any document mentioned herein purporting to have subscribed thereto or thereon the signature of the official administering or taking the same in testimony thereof, when accompanied by the above-mentioned certificate of the United States High Commissioner to the Philippine Islands or of the Acting United States High Commissioner to the Philippine Islands, shall be admitted in evidence without proof of the genuineness of the signature or seal of any official herein mentioned or of the official position of such official. Sec. 3, act of Aug. 11, 1937 (50 Stat. 622); 48 U. S. C. 1237c (c).

2137. Philippines; checking and arrastre charges. That the checking charges and arrastre charges which have been, or may hereafter be, imposed by authority of the government of the Philippine Islands upon merchandise, supplies, equipment, and other material imported into the Philippine Islands on commercial vessels, and duly consigned to official agencies of any executive department or bureau of the United States Government, are hereby legalized and ratified, as fully to all intents and purposes as if the same had by prior Act of Congress been specifically authorized and directed.

The payment of such charges heretofore or hereafter incurred shall be made by the United States Government from appropriations, heretofore or hereafter

made for the particular departments or bureaus of the United States Government concerned, which are or may hereafter be made available for the payment of transportation charges on shipments of the character hereinbefore referred to: Provided, That the charges shall in no case exceed those charged commercial concerns for like services, shall not include any charges for ship-side deliveries that may hereafter be made except when services in connection therewith may be requested by the department or bureau concerned, and shall not be imposed in case of any deliveries made on piers owned or operated by the United States Government. Act of July 3, 1930 (46 Stat. 851); 48 U. S. C. 1011a.

The first paragraph of this section as published in the 1929 Edition, based on R. S. 1220 as amended by the act of Feb. 27, 1877 (19 Stat. 243), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429).

The second paragraph based on act of March 2, 1889 (25 Stat. 831), is considered useless, and no recommendation will be made for its inclusion in the United States Code (Memo. J. A. G., Oct. 9, 1930). It has been omitted from the Military Laws.

2138. Philippines; draft of militia into Federal service. That the militia and other locally created armed forces in the Philippine Islands may be called into the service of the United States, and all members thereof may be drafted into said service and organized in such manner as is or may be provided by law for calling or drafting the National Guard into said service, and shall in all respects while therein be upon the same footing with members of the National Guard so called or drafted: Provided, That the pay and allowances of officers and men of the Philippine Militia and other locally created armed forces in the Philippine Islands called into the service of the United States under the provisions of this Act when serving in the Philippine Islands shall in no case exceed the pay and allowances for corresponding grades of Philippine Scouts. Act of Jan. 26, 1918 (40 Stat. 432); 32 U. 8. C. 84.

For pay and allowances of Philippine Scouts, see 1381, 1388, ante.

2139. Puerto Rico; designation.-That from and after the passage of this resolution the island designated "Porto Rico" in the Act entitled "An Act to provide a civil government for Porto Rico, and for other purposes," approved March 2, 1917, as amended, shall be known and designated as "Puerto Rico." All laws, regulations, and public documents and records of the United States in which such island is designated or referred to under the name of "Porto Rico" shall be held to refer to such island under and by the name of "Puerto Rico." Pub. res. of May 17, 1932 (47 Stat. 158); 48 U. S. C. 731a.

2140. Puerto Rico; laws in effect. That the laws and ordinances of Puerto Rico now in force shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided for Puerto Rico or by act of Congress of the United States; and such legislative authority shall have power, when not inconsistent with this Act, by due enactment to amend, alter, modify, or repeal any law or ordinance, civil or criminal, continued in force by this Act as it may from time to time see fit. Sec. 57, act of Mar. 2, 1917 (39 Stat. 968); 48 U. 8. C. 735.

That all laws or parts of laws applicable to Puerto Rico not in conflict with any of the provisions of this Act, including the laws relating to tariffs, customs, and duties on importations into Puerto Rico prescribed by the Act of Congress entitled "An Act temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes," approved April twelfth, nineteen hundred, are hereby continued in effect, and all laws and parts of laws inconsistent with the provisions of this Act are hereby repealed. Sec. 58, act of Mar. 2, 1917 (39 Stat. 968).

That the statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Puerto Rico as in the United States, except the internal revenue laws: Provided, however, That hereafter all taxes collected under the internalrevenue laws of the United States on articles produced in Puerto Rico and transported to the United States, or consumed in the island shall be covered into the treasury of Puerto Rico. Sec. 9, act of Mar. 2, 1917 (39 Stat. 954); 48 U. S. C. 734.

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The above is the general provision. Various specific provisions relating to Puerto Rico of like nature are not given herein.

By act of March 2, 1934 (48 Stat, 361), Federal liquor prohibition laws to the extent that they were in force in Puerto Rico and the Virgin Islands were repealed.

By act of June 23, 1936 (49 Stat. 1891), the benefits of the Federal aid road act of July 11, 1916, were extended to Puerto Rico.

Section 21 of the Bankhead-Jones Act of June 29, 1935 (49 Stat. 438), was made applicable to Puerto Rico by section 329, Title III, Hquor tax administration act of June 26, 1936 (49 Stat. 1957).

Section 21 of the Bankhead-Jones Act of June 29, 1935 (49 Stat. 438), was made applicable to Puerto Rico by act of August 28, 1937 (50 Stat. 881).

All "joint resolutions" passed by the legislature of Puerto Rico and approved by the Governor were ratified by act of June 16, 1938 (52 Stat. 708).

Notes of Decisions

In general. The first paragraph of this | to Puerto Rico, did not prevent the imposition section did not adopt construction of double Jeopardy provisions by California courts. Carbonell v. People of Puerto Rico (C. C. A., 1928), 27 F. (2d) 253.

The fact that the third paragraph of this section provides that the internal revenue laws of the United States shall not apply

of an excess-profits tax, under sec. 201 of the act of October 3, 1917, ch. 63 (repealed), on a New York corporation deriving its income from Puerto Rico. Puerto Rico Coal Co. v. Edwards (D. C., 1921), 275 Fed. 104; certiorari denied (1923), 261 U. S, 625,

2141, Samoa; acceptance of cession and government. Whereas certain chiefs of the islands of Tutuila and Manua and certain other islands of the Samoan group lying between the thirteenth and fifteenth degrees of latitude south of the Equator and between the one hundred and sixty-seventh and one hundred and seventy-first degrees of longitude west of Greenwich, herein referred to as the islands of eastern Samoa, having in due form agreed to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over these islands of the Samoan group by their acts dated April 10, 1900, and July 16, 1904: Therefore be it

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Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) said cessions are accepted, ratified, and confirmed, as of April 10, 1900, and July 16, 1904, respectively.

(b) The existing laws of the United States relative to public lands shall not apply to such lands in the said islands of eastern Samoa; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the said islands of eastern Samoa for educational and other public purposes.

(c) Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.

(d) The President shall appoint seven commissioners, two of whom shall be members of the Senate, two of whom shall be members of the House of Representatives, and three of whom shall be chiefs or high chiefs of the said islands of eastern Samoa, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the islands of eastern Samoa as they shall deem necessary or proper.

(e) The sum of $25,000, or so much thereof as may be necessary, is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect. Pub. res. of Feb. 20, 1929 (45 Stat. 1253); pub. res. of May 22, 1929 (46 Stat. 3); 48 U. S. C. 1431a.

2142. Virgin Islands; laws applicable,Provided, That, except as otherwise expressly provided, all laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interest of navigation and commerce shall apply to the Virgin Islands: Provided further, That nothing in this Act shall be construed to affect or impair in any manner the terms and conditions of any authorizations, permits, or other powers heretofore lawfully granted or exercised in or in respect of the Virgin Islands by any authorized officer or agent of the United States: * * * Sec. 4 act of June 22, 1936 (49 Stat. 1808); 48 U. S. C. 1405c.

The laws of the United States applicable to the Virgin Islands on the date of enactment of this Act, and all local laws and ordinances in force on such date in the Virgin Islands, not inconsistent with this Act, shall continue in force and effect: Provided, That the Municipal Council of Saint Croix and the Municipal Council of Saint Thomas and Saint John, and the legislative assembly, shall have power, when not inconsistent with this Act and within their respective jurisdictions, to amend, alter, modify, or repeal any law of the United States of local application only, or any ordinance, public or private, civil or criminal, continued in force and effect by this Act, except as herein otherwise provided, and to enact new laws and ordinances not inconsistent with this Act and not inconsistent with the laws of the United States hereafter made applicable to the Virgin Islands or any part thereof, subject to the power of the Congress to annul the same. The laws of the United States relating to patents, trade marks, and copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in the Virgin Islands as in the continental United States, and the District Court of the Virgin Islands shall have the same jurisdiction in causes arising under such laws as is exercised by United States district courts. Sec. 18, act of June 22, 1936 (49 Stat. 1811); 48 U. S. C. 1405q.

The act of May 26, 1936 (49 Stat. 1372), establishes an assessed valuation real property tax in the Virgin Islands.

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By resolution of July 19, 1932 (47 Stat. 703); 12 U. S. C. 37a, the National Bank Act was made applicable to the Virgin Islands, and by act of May 20, 1932 (47 Stat. 160); 48 U. S. C. 1400, the admiralty laws of the United States were made applicable thereto. Title III, National Prohibition Act of October 28, 1919 (41 Stat. 319), was made applicable to the Virgin Islands by section 329, Title III, liquor tax administration act of June 26, 1936 (49 Stat. 1957).

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Sections 9 to 20, inclusive, of the river and harbor act of March 3, 1899 (30 Stat. 1151), were expressly made applicable to the Virgin Islands by section 1, act of July 1, 1932 (47 Stat. 565), and section 8, act of July 3, 1930 (46 Stat. 948); 48 U. S. C. 1399. 2143. Territories; laws in effect. The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect

within all the organized Territories, and in every Territory hereafter organized as elsewhere within the United States. R. S. 1891.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 350), that the above provision, omitted from the original Code and Military Laws, 1929, be included in the Code.

By section 1, act July 2, 1902 (32 Stat. 692), ante, 2134, it was not to apply to the Philippine Islands.

2144. Territories; command of militia.-The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. He shall reside in the Territory for which he is appointed, and shall be commander in chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision of the President can be made known thereon. He shall commission all officers who are appointed under the laws of such Territory, and shall take care that the laws thereof be faithfully executed. R. S. 1841; 48 U. S. C. 1453.

It is expressly provided in the Hawaiian organic act of July 9, 1921 (42 Stat. 116), that the governor "shall be commander-in-chief of the militia thereof."

The first sentence of the first paragraph, and the second and third paragraphs of this section as published in the 1929 Edition, based on R. S. 1226; 10 U. S. C. 1392; act of February 4, 1897 (29 Stat. 511), and section 34, act of February 2, 1901 (31 Stat. 757) ; 10 U. S. C. 1392, are omitted as superseded by section 2, act of June 21, 1930 (46 Stat. 793), post, 2150 (J. A. G. 010.3, November 12, 1929, page 215; October 20, 1930, pages 54, 99, 133; July 10, 1931, page 40).

For remainder of first paragraph, see 306, ante.

For fourth paragraph, see 2150, post.

2145. For text of this section as published in the 1929 Edition, see 2151, post.

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