[No. 1637.]

AN ACT Providing for loans of sixty thousand pesos, seventy-five thousand pesos, and sixty thousand pesos to the Provinces of Tayabas, Rizal, and La Laguna, respectively, for the construction of provincial government buildings.

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

SECTION 1. There is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, the sums of sixty thousand pesos, seventy-five thousand pesos, and sixty thousand pesos to be loaned to the Provinces of Tayabas, Rizal, and La Laguna, respectively.

SEC. 2. The money appropriated in section one of this Act shall in each case be paid to the treasurer of the province for which appropriated upon the production and delivery by him to the Insular Treasurer of a certified copy of a resolution of the provincial board of his province accepting the loan hereinbefore authorized and agreeing to repay the same, without interest, in annual installments of onetenth of the total amount, the first installment to be paid on or before September first, nineteen hundred and eight.

SEC. 3. The money hereby appropriated shall be used in the construction of provincial government buildings, and for no other purpose, and shall be expended under the direction of the provincial boards of said provinces: Provided, That the plans and specifications for the construction of said buildings shall be prepared by the Consulting Architect.

SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SEC. 5. This Act shall take effect on its
Enacted, April 30, 1907.

[No. 1638.]

passage.

AN ACT Providing for the retirement of officers and enlisted men of the Philippines Constabulary on part pay after twenty or more years of satisfactory service, and amending Act Numbered Six hundred and nineteen.

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

SECTION 1. When an officer of the Philippines Constabulary shall have had twenty or more years of continuous, actual, and satisfactory service, he may, upon making application therefor, be retired from active service by the Governor-General, and when so retired he shall receive until his death an annual compensation equal to two and one-half per centum, for each year's active service theretofore rendered by him, of the total current pay received annually by him at the time he is retired. When an enlisted man shall have had twenty or more years of continuous, actual, and satisfactory service. he may, upon making application therefor, be retired from active service by the Governor-General, and when so retired shall receive

until his death an annual compensation equal to two and one-half per centum, for each year's active service theretofore rendered by him, of the total current pay and allowances received annually by him at the time he is retired: Provided, That the service of any officer or enlisted man shall be considered continuous if he be not separated from the service at any time for a longer period than one year: And provided further, That no officer shall receive an annual compensation equivalent to more than seventy-five per centum of the total current pay received by him at the time he is retired, and that no enlisted man shall receive an annual compensation equivalent to more than seventy-five per centum of the pay and allowances received by him. at the time he is retired: And provided further, That the Government of the Philippine Islands shall not be responsible for any compensation or allowance provided by this Act to be paid to any officer or enlisted man of the Philippines Constabulary: And provided further, That the amount required to be paid by section fourteen of Act Numbered Six hundred and nineteen, as amended by Act Numbered Eight hundred and eighty-four, shall constitute a first lien on the "Pension and retirement fund of the Philippines Constabulary," mentioned in section three hereof, and shall be paid before any payment is made in accordance with this section.

SEC. 2. All officers and enlisted men of the Constabulary drawing pensions or retirement pay and residing in the Philippine Islands may at any time be called by the Governor-General for active service, during the period of which service they shall be entitled to receive the full pay of their rank or grade. Refusal on the part of any officer or enlisted man to perform such duty shall terminate his right to further participation in the benefit of this fund, provided he is physically fit for service, such fitness to be determined under regulations to be prescribed by the Secretary of Commerce and Police.

SEC. 3. The fund created by section eleven of Act Numbered Six hundred and nineteen and the fund created by section fourteen of the said Act, are hereby consolidated into one fund, to be known as the "Pension and retirement fund of the Philippines Constabulary," and made available for the purposes of this Act as set forth in section one: Provided, That nothing herein contained shall be so interpreted as to repeal those provisions contained in section fourteen of the above-mentioned Act relating to the pensioning for disability of members of the Constabulary: And provided further, That section fourteen of Act Numbered Six hundred and nineteen, as amended, is hereby further amended by adding after the words "The following amounts shall be deducted and retained from the monthly pay of members of the Constabulary" and before the words "From the monthly pay of each captain and inspector, one dollar " the following words:

"From the monthly pay of each colonel, three pesos and fifty

centavos.

"From the monthly pay of each lieutenant-colonel, three pesos. "From the monthly pay of each major, two pesos and fifty cen

tavos."

SEC. 4. The investment of the "Pension and retirement fund of the Philippines Constabulary" provided for in section three of this Act shall be in charge of the Postal Savings Bank Investment Board provided for in section eighteen (a) of Act Numbered Fourteen hun

dred and ninety-three, subject to the conditions and restrictions set forth in said section eighteen of said Act, as amended by Act Numbered Sixteen hundred and twenty.

SEC. 5. The "Pension and retirement fund of the Philippines Constabulary" shall be kept as a separate trust fund by the Insular Treasurer and shall be used for no other purposes than those expressly provided for in this Act and in Act Numbered Six hundred and nineteen: Provided, That said fund shall be audited by the Insular Auditor.

SEC. 6. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred.

SEC. 7. This Act shall take effect on July first, nineteen hundred and seven.

Enacted, April 30, 1907.

[No. 1639.]

AN ACT To prohibit the sale, gift, or other disposal of any intoxicating liquor, other than the so-called native wines and liquors, to any member of a nonChristian tribe within the meaning of Act Numbered Thirteen hundred and ninety-seven, and to prohibit the use of such liquor by any member of such a tribe.

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

SECTION 1. The sale, gift, or other disposal to any native of the Philippine Islands who is a member of a non-Christian tribe within. the meaning of Act Numbered Thirteen hundred and ninety-seven, of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, other than the so-called native wines and liquors which the members of such tribes have been accustomed themselves to make prior to the passage of this Act, is hereby prohibited and declared to be unlawful: Provided, however, That it shall be lawful to administer ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to a member of a non-Christian tribe upon a physician's prescription therefor as a remedy for bona fide illness or physical injury, or to so administer it without such prescription in a genuine emergency arising from dangerous illness or physical injury.

SEC. 2. It shall be unlawful for any native of the Philippine Islands who is a member of a non-Christian tribe within the meaning of Act Numbered Thirteen hundred and ninety-seven to buy, receive, have in his possession, or drink any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, other than the so-called native wines and liquors which the members of such tribes have been accustomed themselves to make prior to the passage of this Act, except as provided in section one hereof; and it shall be the duty of any police officer or other duly authorized agent of the Insular, or any provincial, municipal, or township government, to seize and forthwith

11027-WAR 1907-VOL 10-10

destroy any such liquors found unlawfully in the possession of any member of a non-Christian tribe.

SEC. 3. Any person violating the provisions of section one or section two of this Act shall, upon conviction thereof, be punishable for each offense by a fine of not exceeding two hundred pesos, or by imprisonment for a term not exceeding six months, in the discretion of the

court.

SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SEC. 5. This Act shall take effect on its
Enacted, May 1, 1907.

[No. 1640.]

passage.

AN ACT Authorizing the Postal Savings Bank Investment Board to make loans from funds available for investment to provinces of the Philippine Islands, under guarantee of the Insular Government.

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

SECTION 1. The Postal Savings Bank Investment Board created by section eighteen of Act Numbered Fourteen hundred and ninetythree, entitled "An Act to encourage economy and saving among the people of the Philippine Islands, and to that end to provide for the establishment of postal savings banks and their administration through the organization of a postal savings bank division in the Bureau of Posts, and for other purposes," is hereby authorized to make loans from the funds under its control available for investment to provinces of the Philippine Islands, under guaranty of the Insular Government first had that the loan and interest thereon will be paid. SEC. 2. Before making any such loan the Postal Savings Bank Investment Board shall require a resolution of the provincial board of the province to which the loan is to be made, requesting the loan, stating that the same will be used solely for certain public improvements specified therein, agreeing to repay the amount loaned within a certain period with interest at a rate to be stated in said resolution, and requesting the Insular Government to guarantee the repayment in full of said loan and interest. Said resolution shall further provide that the Insular Government may, from time to time, in consideration of its guaranty, deduct from any funds in the Insular Treasury belonging to the province sufficient sums to pay the interest and principal as the same may become due.

SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred.

SEC. 4. This Act shall take effect on its passage.
Enacted, May 3, 1907.

[No. 1641.]

AN ACT Granting to the city of Manila the right to institute condemnation proceedings for the expropriation of land in the Province of Rizal necessary for the main for the new water system for the city of Manila.

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

SECTION. 1. The city of Manila is hereby authorized to institute, through its proper officers, in the Court of First Instance of the Province of Rizal in the Philippine Islands, condemnation proceedings for the expropriation of such land in the Province of Rizal as may be necessary for the main for the new water system for the city of Manila.

SEC. 2. Whenever the city of Manila has not obtained, by agreement with the owners thereof, the lands in the Province of Rizal necessary for the main for the new water system, it may in its complaint, which in each case shall be instituted in the Court of First Instance of the Province of Rizal, where the land is situated, join as defendants all persons owning or claiming to own or occupy any of the land sought to be condemned or any interest therein, showing, so far as practicable, the interest of each defendant and stating with certainty the right of condemnation and describing the property sought to be condemned. Process requiring the defendants to appear and answer to said complaint shall be served upon all occupants of the land sought to be condemned and upon the owners and all persons claiming interest therein, so far as known. If the title to any lands sought to be condemned appears to be in the Insular Government, though the lands are occupied by private individuals, or if it is uncertain whether the title is in the Insular Government or in private individuals or if the title is otherwise so obscure or doubtful that the city of Manila can not with accuracy or certainty specify who are the real owners, averment may be made by the city of Manila in its complaint to that effect. Process shall be served upon residents and nonresidents in the same manner as provided in Act Numbered One hundred and ninety, and the rights of minors and persons of unsound mind shall be safeguarded in the manner in such cases provided in said Act. The court may order additional and special notice in any case where such additional and special notice is in its opinion required.

SEC. 3. In case it shall appear from the pleadings or from the report of the commissioners or the court shall otherwise be satisfied of the fact that the true ownership of the lands sought to be condemned is uncertain and that there are conflicting claims and diverse interests in any of said parcels of land, the court, if satisfied that the real owners of the land have been notified and are before the court, shall, upon rendering judgment for condemnation and for payment of the sum or sums fixed by the court as just compensation for the land taken, order such sum or sums to be paid to the clerk of the court for the benefit of the persons who shall ultimately be adjudged entitled thereto. The sum or sums so awarded shall be governed by the rules laid down in section two hundred and fortyfour of Act Numbered One hundred and ninety. When condemnation procedings are brought by the city of Manila as herein provided,