"SEC. 30. If the application is filed with the clerk, he shall forthwith forward it by registered mail to the register of deeds of the province or city in which the land or any portion thereof lies. Immediately upon the receipt of the application, whether from the applicant or the clerk, the register of deeds shall search the books and records of his office and attach to the application a certificate stating that the land to which the application relates does not appear in such books or records, or setting forth copies of all entries of such land, as the fact may be, and shall transmit the application, such certificate, and the papers, plans, and memorandum mentioned in section twenty of this Act by the first registered mail to the clerk in Manila."

SEC. 8. Section thirty-five of said Act Numbered Four hundred and ninety-six is hereby amended so as to read as follows:

"SEC. 35. If no person appears and answers within the time allowed, the court may at once upon motion of the applicant, no reason to the contrary appearing, order a general default to be recorded and the application to be taken for confessed. By the description in the notice, To all whom it may concern,' all the world are made parties defendant and shall be concluded by the default and order. After such default and order the court may enter a decree confirming the title of the applicant and ordering registration of the same."

SEC. 9. Section thirty-six of said Act Numbered Four hundred and ninety-six, as amended by section eight of Act Numbered Eleven hundred and eight, is hereby amended so as to read as follows:

"SEC. 36. If in any case an appearance is entered and answer filed, the case shall be set down for hearing on motion of either party, but a default and order shall be entered against all persons who do not appear and answer, in the manner provided in the preceding section. The court may hear the parties and their evidence or may refer the case or any part thereof to a referee, to hear the parties and their evidence and make report thereon to the court. The trial before the referee may occur at any convenient place within the province or city, and the time and place of trial shall be fixed by the referee and reasonable notice thereof shall be given by him to the parties. The court shall render judgment in accordance with the report as though the facts had been found by the judge himself, unless the court shall for cause shown set the report aside or order it to be recommitted to the referee for further finding: Provided, nevertheless, That the court may in its discretion accept the report in part or set it aside in part. The court may in any case before decree require a survey to be made for the purpose of determining boundaries, and may order durable bounds to be set, and referred to in the application, by amendment. The expense of survey and bounds shall be taxed in the costs of the case and may be apportioned among the parties as justice may require. If no person appears to oppose the application, such expense shall be borne by the applicant. If two or more applications claim the same land, or part of the same land, the court may order the hearings upon all such applications to be consolidated, if such consolidation is in the interest of economy of time and expense.

"The surveying required by the provisions of this section, or by any rules and directions of the Court of Land Registration, and the drafting of any plans required, may be done by any private surveyor

of sufficient qualifications, to be approved by the judges of the Court of Land Registration, or by a surveyor or surveyors to be detailed for that purpose from the clerical force authorized by law for the Court of Land Registration, whose duty it is hereby made to provide in its clerical force a sufficient number of competent surveyors for the purpose of carrying out the provisions of this section. The judges of the Court of Land Registration shall fix in each case the fee to be charged by the expense of a survey and necessary drafting, which shall be paid by the applicant, or apportioned among the parties, as justice may require. The fees so charged shall be paid into the Insular Treasury, except in cases where a private surveyor, to be approved by the judges, is employed."

SEC. 10. Section fifty-nine of Act Numbered Nine hundred and twenty-six, entitled "The Public Land Act,” is hereby amended so as to read as follows:

"SEC. 59. Upon the filing of claims and applications for registration in the Court of Land Registration, under this chapter, the same procedure shall be adopted in the hearing of such cases and in the matter of appeal as is by the Land Registration Act provided for other claims, except that a notice of all such applications, together with a plan of the lands claimed, shall be immediately forwarded to the Director of Lands, who shall be represented in all questions arising upon the consideration of such applications by the AttorneyGeneral or by any subordinate or assistant to the Attorney-General appointed for that purpose: Provided, That prior to the publication for hearing, all of the papers in such case shall be transmitted by the clerk to the Attorney-General in order that he may, if he considers it advisable for the interests of the Government, investigate all of the facts alleged in the application or otherwise brought to his attention. The Attorney-General shall return such papers to the clerk as soon as practicable within three months."

SEC. 11. In lieu of one examiner of titles for the city of Manila, which position is by this Act abolished, authority is hereby given for the employment by the Court of Land Registration of a clerk of class eight, and the sum of three thousand pesos, which was appropriated for the payment of the salary of the examiner of titles under the provisions of Act Numbered Sixteen hundred and seventy-nine, is hereby made available for the payment of the salary of such clerk so authorized to be employed.

SEC. 12. Section twelve of Act Numbered Four hundred and ninety-six, Acts Numbered Six hundred and six, Eight hundred and ninety-four, Nine hundred and ninety-one, and Eleven hundred and seven, and section sixty of Act Numbered Nine hundred and twenty-six, and all acts or parts of Acts in conflict with this Act are hereby repealed.

SEC. 13. 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. 14. This Act shall take effect on the first day of October, nineteen hundred and seven.

Enacted, August 30, 1907.

[No. 1700.]

AN ACT To grant to the Lepanto Mining Company, incorporated, a franchise to construct a highway from a point near Comillas, Province of LepantoBontoc, in a general westerly direction to the China Sea at a point near the town of Bangar, Province of La Union; and theron to take toll, to operate as a common carrier, and, at its option, to construct a railroad.

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

SECTION 1. Authority is hereby granted to the Lepanto Mining Company, a corporation duly organized and existing under and by virtue of the laws of the Philippine Islands, and to its successors and assigns, to locate and construct, and, for a period of fifty years from the date of the passage of this Act, to maintain, use, and operate a highway, under the terms and conditions set forth in this Act. The said highway shall have a minimum width of four and twenty-five hundredths meters, and shall extend from a point on the Abra River near Comillas, Province of Lepanto-Bontoc, and about four miles south of Cervantes, in a general westerly direction to the China Sea at a point near the town of Bangar, Province of La Union.

SEC. 2. During the continuance of this franchise the grantee shall enjoy the following powers, privileges, and exemptions:

(a) To occupy, with the prior approval of the Governor-General, any part of the public domain necessary for the purpose of the enjoyment of the franchise granted by this Act.

(b) With the written approval of the Governor-General, to open and work quarries and gravel pits on any public lands and to take from such lands earth, stone, timber, and other materials for the construction and maintenance of the said highway. Where, however, the said highway runs through any public lands, the grantee shall not cut any trees growing within thirty-five meters of either side of the center line of the said highway, except such as are necessary to clear sufficient ground for the construction of the said highway: Provided, however, That in the event of the grantee availing itself of the right to construct the railroad as authorized by this Act, then the grantee's right, if any, to cut trees within the said tract of land shall be determined by the concessionary contract hereinafter provided for. The provisions of the foregoing portions of this section shall only apply to public lands available for homestead settlement or for sale under the Public Land Act, or to timber lands of the Philippine Government, and shall not apply to lands used and assigned for other purposes.

(c) To acquire by condemnation proceedings land for the purpose of constructing the said highway where its course lies through private lands. The width of the right of way so obtained shall be no greater than necessary for the location and construction of the said highway and shall be approved by the Director of Public Works. The right of condemnation or eminent domain shall be exercised by the grantee in accordance with the laws of the Philippine Islands at the time being in force.

(d) With the approval of the Governor-General, to cross or occupy such parts of public highways, roads, trails, alleys, avenues, and squares, and, with similar approval, to acquire title to such other municipal or provincial lands as may be necessary for the

location and construction of the said highway, on terms to be agreed upon by the grantee and the proper provincial or municipal authorities, as the case may be, and in case of failure to agree upon the terms thereof, such terms shall be fixed by the Governor-General. Lands or rights of use and occupation of lands, granted under the foregoing provisions of this section, shall revert to the governments by which they are respectively granted, upon the termination of this franchise or concession, or upon its revocation or repeal.

(e) To acquire from corporations or private individuals, by purchase, contract, lease, grant, or donation, any lands which may be necessary or useful for the construction, maintenance, and operation of the said highway.

(f) To establish along the length of the said highway, telegraph, telephone, and electrical transmission lines for the exclusive use of the grantee and for such other purposes as may be approved by the Secretary of Commerce and Police. All posts for such lines shall carry free of charge the number of wires which the Philippine Government may consider it necessary to install for public

service.

(g) To act as common carrier over the said highway and to carry passengers, freight, and produce for hire in all classes of vehicles, including those drawn or propelled by mechanical power: Provided, however, That the grantee shall establish at such points as may be fixed by the Director of Public Works, with the approval of the Secretary of Commerce and Police, suitable turnouts of such width as will enable vehicles of all classes to pass each other.

(h) To erect suitable tollgates and to collect tolls or charges for the passage over the said highway of all classes of vehicles carrying passengers, freight, or produce for hire, including those drawn or propelled by mechanical power.

All tolls or rates whether charged by the said grantee for the use of the said highway or for its services as common carrier, shall be reasonable and nondiscriminating and shall be subject to regulation in accordance with any general or special Act of the Philippine Commission or other legislative authority of the Philippine Government.

(i) To construct upon the said highway a railroad to be operated by steam, electricity, or other motive power. In order to avail itself of the right to construct a railroad the grantee must organize a railroad corporation under the laws of the Philippine Islands, or under the laws of the United States or of any State thereof, and this franchise may be thereupon transferred to such railroad corporation, and thereafter the grantee shall have the right to maintain and operate a railroad upon the said highway.

The railroad shall be constructed, equipped, maintained, and operated in accordance with the laws of the Philippine Islands governing railroad corporations at the time being in force, and under a concessionary contract to be entered into between the said corporation and the Philippine Government. The Governor-General is hereby authorized to determine the terms and conditions of the said contract and to execute the same on behalf of the Philippine Government.

(j) To recover, in an action at law, with costs, the actual damages, and also exemplary damages of not less than five pesos, nor more than one hundred pesos, from any person who may unlawfully

1. Cut, break down, or otherwise destroy any tollgate or remove earth, stone, or timber from the said highway to the damage of the same; or

2. Draw or haul any logs, timber, or other material on the bed of the said highway, unless the same shall be entirely lifted, on wheels, above the surface of the road; or

3. Drive or lead upon the said highway any vehicle with the wheels rigid with the axle to which they are attached, or any sled, or any vehicle for the purpose of handling freight or produce with a tire of less width than authorized by the laws of the Philippine Islands, at the time being in force, in regard to the use of wellconstructed or improved public roads by vehicles: Provided, however, That the said highway is hereby expressly exempted from any provisions of law authorizing the Governor-General to suspend temporarily the laws regulating the width of tires; or

4. Divert any stream of water, and thereby cause water to overflow any part of the said highway; or

5. Remove from the said highway any tool or roadmaking material belonging to the grantee; or

6. Do any act by which the roadbed or any ditch, gutter, sluice, culvert, drain, or bridge pertaining to the said highway shall be injured or obstructed; or

7. Cause any of the above acts to be done.

The provisions of section sixteen of Act Numbered Fifteen hundred and eleven, and of any law of the Philippine Islands whereby any of the Acts enumerated in subsection () of this section are made criminal offenses if committed on public highways, are hereby made a part of this franchise; and the offender or offenders may be, prosecuted criminally thereunder should the grantee elect not to recover damages for the said acts in a civil action.

(k) To recover in an action at law three times the amount of said toll, with costs, payable to the grantee, from any person who, being subject to toll, may unlawfully refuse to pay the same, or may turn out of the said highway and pass a tollgate and again enter the said highway with intent to avoid payment of the toll.

For the better enforcement of the provisions of subsections (j) and () of this section, the provincial boards of the respective provinces within which the said highway lies may, upon the petition of the grantee first had, appoint as many of the persons in the employment of the said grantee as may be necessary to act as special police officers on the said highway. Every special police officer, whose appointment is hereby authorized, shall be sworn before a justice of the peace and shall hold office until his appointment is duly revoked by the proper provincial board or until the grantee shall give due notice to the provincial board that it no longer requires the services of the said officer.

SEC. 3. It shall be the duty of the grantee

(a) To make a proper survey of the proposed location and route of the said highway, and to submit a map, profile, and description of such location and route for the approval in writing of the GovernorGeneral. The map and description shall show the location of the trees which the grantee desires permission to cut in order to clear sufficient ground for the construction of the said highway.

(b) To submit detailed plans and specifications for a substantial and permanent highway to the Secretary of Commerce and Police,