of transportation in kind for said chief or acting chief of police from January first, nineteen hundred and seven, and for salaries of substitutes when necessary, seven thousand six hundred and eighty pesos. For the expenses incident to the trip of the Secretary of War and the official members of his party from Washington to the Philippine Islands, for the proper ceremonial opening of the Philippine Assembly and reception of the Secretary of War and members of the Assembly, to be expended by the Executive Secretary in the discretion of the Governor-General, fifteen thousand pesos.

For the office expenses of the Economic Association of the Philippines, two thousand eight hundred and eighty pesos.

For payment to the Bureau of Navigation on account of services rendered by coast-guard cutters and launches in connection with the restoration of public order in the Islands of Leyte and Samar, thirteen thousand six hundred and seventy pesos.

For payment to the Bureau of Navigation on account of services of a coast-guard cutter to carry election forms to the Batanes Islands, one thousand five hundred and fifty pesos.

For supply of coal under agreement with the Federal Government for the United States Fish Commission boat Albatross, fifteen thousand pesos.

For payment as contemplated by a resolution of the Commission dated February ninth, nineteen hundred and seven, on account of transportation service between Dagupan and Baguio, from July first, nineteen hundred and seven, nineteen thousand two hundred pesos, to be disbursed under the direction of the Secretary of Commerce and Police.

Section three of Act Numbered One hundred and twenty-nine is hereby amended to read as follows:

"SEC. 3. The disbursing agent shall receive a salary of three thousand pesos per annum."

The loan of ten thousand pesos made to the provincial government of Bulacan for the purpose of furnishing employment on public works to persons who were temporarily without means of making a livelihood for themselves and their families on account of the suspension of the operation of distilleries immediately following the beginning of the operation of the internal-revenue law, is hereby canceled, upon condition that the provincial government of Bulacan devote an equal amount from its general funds to the construction of roads and bridges before December thirty-first, nineteen hundred and nine.

The employment of certain temporary clerks, at an expense of two hundred and sixty-one pesos and sixty-one centavos, provincial funds, in connection with the work of land assessment by the provincial board of tax appeals of Oriental Negros, is hereby authorized and confirmed, the provisions of existing law to the contrary notwithstanding.

The employment of one foreman, at five pesos per diem, in lieu of one foreman, at four pesos per diem, from January first to March eighteenth, nineteen hundred and seven, by the provincial board of Pangasinan, is hereby authorized and confirmed.

The provincial board of Samar is hereby authorized to appropriate from provincial funds for payment of additional compensation to Major J. B. Murphy, Philippines Constabulary, such sum as may be

necessary in addition to his salary as a Constabulary officer to make his total salary at the rate of six thousand pesos per annum during the time he shall fill the position of governor of the Province of Samar, beginning May twenty-first, nineteen hundred and seven.

The payments made from funds of the provincial government of Leyte to Eduardo Feito on account of salary while on leave of absence are hereby confirmed and authorized.

Total of appropriations for all purposes, seventeen million four hundred and ninety-five thousand nine hundred and eighty pesos.

SEC. 2. Officers and employees of the Insular Government when traveling on official business or when absent from their permanent stations may receive, in the discretion of the chief of Bureau or head of Department, in lieu of traveling expenses other than transportation, per diems or fractional parts thereof as follows: Provided, however, That chiefs of Bureaus shall make such examination in passing upon per diems as may be necessary to satisfy their minds that the per diems allowed will not more than reimburse employees for necessary traveling expenses and will not constitute an increase of salary; Officers and employees receiving a salary of less than one thousand two hundred pesos per annum, a per diem of one peso;

Those receiving one thousand two hundred pesos or more per annum, but not exceeding one thousand eight hundred pesos per annum, a per diem of two pesos;

Those receiving more than one thousand eight hundred pesos per annum, but not exceeding two thousand four hundred pesos per annum, a per diem of three pesos;

Those receiving more than two thousand four hundred pesos per annum; but not exceeding six thousand pesos per annum, a per diem of four pesos; and

Those receiving more than six thousand pesos per annum, a per diem of five pesos: Provided, That members of field parties and other officers and employees, for whom subsistence in kind or other special provision shall be made to cover traveling expenses other than transportation, shall not be paid the per diem herein stated: And provided further, That in the discretion of a chief of Bureau, employees whose compensations are stated at rates other than per annum may be given the allowances authorized by this section for employees at a corresponding per annum compensation: And provided further, That when traveling by water transportation which does not include subsistence, officers and employees shall receive in lieu of per diems, reimbursment of the amounts actually and necessarily expended by them for subsistence: And provided further, That all per diems and traveling expenses of the judges of the Courts of First Instance and of the Court of Land Registration, beginning July first, nineteen hundred and seven, shall be paid from the appropriation for the judiciary, at the rates provided by this section for other officers receiving similar salaries: And provided further, That officers of the United States Army or Navy detailed for duty with the Insular Government shall receive, when traveling on official business of this Government, the per diems corresponding to the salary of the position which the officer is filling under detail, and, if no salary be fixed by law for such position, the officer shall be considered as included in the class for which a per diem of five pesos is authorized, subject to the provisions applicable to officers of the Insular Government.

SEC. 3. Upon the approval of the Governor-General or proper head of Department first had, a vacancy in a position of any class may be filled by the employment of one person or more of a lower class: Provided, That the aggregate of salaries paid is not greater than that authorized.

SEC. 4. All positions and employments authorized by this Act the compensations of which are not stated at a per annum rate shall be in the unclassified service, and no privileges provided by Act Numbered One thousand and forty shall accrue to appointees to such positions: Provided, That nothing in this section shall be deemed to remove craftsmen, junior craftsmen, and apprentices of the Bureau of Printing from the classified civil service: Provided further, That all appointments and separations above the grade of semiskilled laborer under the provisions of this section shall be reported to the Bureau of Civil Service by the proper chief of Bureau or Office, in case of discharge stating reasons therefor: And provided further, That unless otherwise authorized by law, no payment may be made for overtime work.

SEC. 5. Unclassified employees of the Insular Government including laborers, who are injured in clear line of duty, may, in the discretion of the chief of the Bureau and with the approval of the head of the Department under which they are employed, continue to receive their regular compensation during the period of disability not exceeding ninety days: Provided, That the Governor-General or proper head of Department may, in his discretion, authorize payment of medical attendance, necessary transportation, and hospital fees for officers and employees injured in clear line of duty, but such payment shall not be made from the appropriation for "General purposes" when the Bureau or Office concerned has an available appropriation for contingent expenses or public works, as the case may be, from which such payment can be made, nor shall the provisions of this section be construed to cover sickness as distinguished from physical wounds.

SEC. 6. The Governor-General or proper head of Department may, in his discretion, commute accrued leave of absence to persons entitled thereto, and authorize payment of the amount so accrued in a gross sum from the appropriation from which their salaries should properly be paid.

SEC. 7. The appropriations herein made for each Bureau, province, or Office shall be available for payment of authorized commutations of accrued leave of absence of the officers and employees thereof, and for payment of such expenses as may accrue to such Bureaus, provinces, or Offices by reason of the operations of Act Numbered Fifteen hundred and nine.

SEC. 8. In all cases in which provision for a position or employment heretofore provided by law is not made by this Act, such position or employment is hereby authorized from July first, nineteen hundred and seven, until not later than August thirty-first, nineteen hundred and seven, and any funds appropriated for salaries and wages for the Bureau or Office to which the position or employment pertains are hereby made available for payment of the services rendered.

SEC. 9. Inter-bureau transfers of property not otherwise provided for may be made by purchase or otherwise, with the approval of the Governor-General or proper head of Department.

SEC. 10. For services and supplies furnished to other branches of the Government or other persons, a chief of Bureau or Office may charge the cost or such other rate or rates as shall have been prescribed by law or approved by the proper head of Department; and may spend the proceeds of such charges for duly authorized purposes in the discretion of the head of such Department: Provided, That the sums collected under this section shall be deposited in the Insular Treasury to the credit of the current account of the Bureau or Office concerned: And provided further, That the proceeds of all fees, fines, and court costs; the net proceeds of all receipts of the Bureau of Customs, except for import, export, wharfage, and immigration dues, coastwise license fees, and customs revenue stamps; and all other receipts of Bureaus or Offices of the Insular Government and of the Judiciary, the disposition of which is not otherwise specifically provided by law shall be considered as coming within the provisions of this section the purpose of which is to require the separation of revenue receipts which may properly be termed proceeds of taxation from those funds which accrue from inter-bureau transactions and specific services to private persons.

SEC. 11. Subject to approval by the head of the proper Department upon recommendation by the Insular Auditor, refunds may be made by chiefs of Bureaus or Offices on account of receipts from sale of fabricated articles or supplies, or services rendered to other branches of the Government or private parties, when such action shall be consistent with good business practice and equity, from funds to be designated in each case by the Insular Auditor.

SEC. 12. Expenditures of funds appropriated by this Act shall be classified in accordance with such regulations as shall be prescribed by the Auditor with the approval of the Governor-General.

SEC. 13. The public good requiring the speedy enactment of this appropriation 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. 14. This Act shall take effect as of date July first, nineteen hundred and seven.

Enacted, August 10, 1907.

[No. 1680.]

AN ACT Providing for the appointment by provincial governors of bailiffs in courts of first instance and in the court of land registration, and amending Acts Numbered One hundred and thirty-six, and One hundred and ninety and Four hundred and ninety-six, as amended.

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

SECTION 1. Section sixty-one of Act Numbered One hundred and thirty-six, entitled "An Act providing for the organization of courts in the Philippine Islands," is hereby amended so as to read as follows: "SEC. 61. Officer of the Court of First Instance. The officer of the Court of First Instance to serve its process and enforce good order in and about the court room shall be the governor of the province

in which the court is held, or his deputy, and the governor is hereby authorized to designate, for the purpose of attending the sessions and enforcing good order in and about the court room, a provincial guard or a member of the municipal police of the town in which the court is held, or, if none such is available, to appoint a bailiff at a salary not to exceed twenty-five pesos per month, to be paid from the appropriation for the Judiciary, for such time as the court may be in session in said province. In the city of Manila the officer of the Court of First Instance shall be the sheriff or his deputy."

SEC. 2. Section seven hundred and eighty-nine of Act Numbered One hundred and ninety, entitled "An Act providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands," as amended by section one of Act Numbered Six Hundred and forty-two and section one of Act Numbered Sixteen hundred and forty-seven, is hereby amended so as to read as follows:

"SEC. 789. Governors, sheriffs, and other persons serving process.— For executing process, preliminary and final judgments, and decrees of any court, for each mile of travel in the service of process, reckoned from the place of service to the place to which the process is returnable, six cents; for serving an attachment against the property of defendant, one dollar, together with a reasonable allowance to be made by the court for expenses, if any, necessarily incurred in caring for property attached; for arresting each defendant, fifty cents; for serving summons and copy of complaint for each defendant, one dollar; but if the complaint exceeds three hundred and fifty words, then for each additional one hundred words, five cents; but in special proceedings, testamentary or administrative, where several members of a family residing at the same place are defendants, the fee for each defendant shall be fifty cents; for serving subpoenas, for each witness served, ten cents besides travel fees; for each copy of any process necessarily deposited in the office of the registrar of deeds, five cents for each one hundred words, but not less than fifty cents in each case; for taking bonds or other instruments of indemnity or security for each, twenty-five cents; for executing a writ of process to put a person in possession of real estate, one dollar; for attending with prisoner on habeas corpus trial, one day, one dollar; for transporting each prisoner on habeas corpus or otherwise, when required, for every mile going and returning, ten cents; for furnishing food for prisoner, for each day, twenty cents; for advertising sale, besides printer's charge, 50 cents; for taking inventory of goods levied upon, to be charged only when the inventory is necessary, a sum fixed by the court not exceeding the actual reasonable cost of same to be shown by vouchers; for summoning assessors, six cents for each assessor summoned besides travel; for levying an execution on property, one dollar.

"On all money collected by him by order or any decree, execution, attachment, or any other process, the following sums, to wit:

"On the first one hundred dollars or less, two per centum; on the second one hundred dollars, one and one-half per centum; on all sums between two hundred dollars and one thousand dollars, one per centum; on all sums in excess of one thousand dollars, one-half per centum: Provided, however, That in serving summons and copy of complaint upon defendants, if copy of the complaint is furnished by