That in the case of the commission of a second offense under the provisions of this section, any person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may, by order of the court, be deported.

SEC. 33. Act Numbered Fourteen hundred and sixty-one, entitled "An Act for the purpose of restricting the sale and suppressing the evil resulting from the sale and use of opium until March first, nineteen hundred and eight, when its importation or use for any but medicinal purposes is forbidden by Act of Congress," is hereby repealed.

SEC. 34. 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. 35. This Act shall take effect on October seventeenth, nineteen hundred and seven.

Enacted, October 10, 1907.

[No. 1762.]

AN ACT Fixing the maximum rates which may be charged by the Manila Suburban Railways Company.

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

SECTION 1. For the purpose of fixing the charges for carrying passengers on the line of the Manila Suburban Railways Company, the construction of which is authorized by Acts Numbered Fourteen hundred and forty-six and Fifteen hundred and eighty-nine, the Manila Suburban Railways Company is hereby authorized to divide its lines into the following sections:

A section commencing at the beginning of the line on Calle Real, in Santa Ana, and running to Fort William McKinley, which shall be held to mean any point within the Fort William McKinley Res

ervation.

A section beginning at Fort William McKinley and running to Pasig.

A section beginning at Fort William McKinley and running to Taguig; which shall be held to mean any point within half a mile of the town center.

A section beginning at Taguig and running to the end of the line, at a point on Laguna de Bay at or near Mabato Point.

SEC. 2. The rates to be charged for carrying passengers shall not exceed the following:

On the section between the beginning of the line and Fort William McKinley, ten centavos first class and five centavos second class; On the section between Fort William McKinley and Pasig, eight centavos first class and five centavos second class;

On the section between Fort William McKinley and Taguig, eight centavos first class and five centavos second class;

On the section between Taguig and the terminus at Laguna de Bay, ten centavos first class and five centavos second class; all of which said rates shall apply to passengers traveling in either direction.

SEC. 3. The right is reserved to the Government of the Philippine Islands effectively to regulate the rates provided in this Act: Provided, That in no case shall such rates be fixed at less than the maximum prescribed by the provisions of Acts Numbered Fourteen hundred and forty-six and Fifteen hundred and eighty-nine, for the period during which the rates as fixed in said Acts are to be in effect. SEC. 4. The Manila Suburban Railways Company, in order to secure the benefit of this Act, must file with the Executive Secretary of the Philippine Islands its acceptance of the same within sixty days from the passage hereof.

SEC. 5. 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. 6. This Act shall take effect on its
Enacted, October 11, 1907.

[No. 1763.]

passage.

AN ACT To extend the time in which provinces and the city of Manila may obtain the benefits of Acts Numbered Sixteen hundred and fifty-two and Sixteen hundred and ninety-five, and confirming the action of provincial boards and of the municipal board of the city of Manila which may have adopted or may adopt resolutions increasing the cedula tax during the time so extended.

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

SECTION 1. The time in which provincial boards, or, in the city of Manila, the Municipal Board of said city, may adopt resolutions increasing the cedula tax in accordance with Act Numbered Sixteen hundred and fifty-two is, for the year nineteen hundred and seven, hereby extended to and including October twelfth. All resolutions of provincial boards, or of the Municipal Board of the city of Manila, increasing said tax in accordance with said Act which have been or may be adopted before the expiration of the time as hereby extended are hereby ratified, confirmed, and made effective as fully as though such resolutions had been adopted within the time originally fixed by said Act, and the provisions of Act Numbered Sixteen hundred and ninety-five shall be applicable to such provinces.

SEC. 2. 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. 3. This Act shall take effect on its passage.
Enacted, October 11, 1907.

[No. 1764.]

AN ACT Providing for the payment of fees in criminal proceedings, appropriating the sum of seventy-five thousand pesos to be distributed by the auditor among the provinces and the city of Manila in proportion to the respective amounts by them paid on account of court fees, and repealing section one of Act Numbered Three hundred and two and Acts Numbered Four hundred and four and Thirteen hundred and thirty-five.

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

SECTION 1. Until other provision is made covering the subject there shall accrue for all services of clerks of courts and officers of courts, whether governors, sheriffs, their deputies or special deputies, for issuing or serving all process and the performance of all duties in criminal proceedings, the same fees as those which would accrue for like services by virtue of the provisions of Act Numbered One hundred and ninety, providing a Code of Procedure in Civil Actions and Special Proceedings. Such fees shall be taxed against the defendant as a part of the costs to be paid if he be convicted. When incurred in behalf of the Government in proceedings before a justice of the peace, such fees shall be paid by the municipality in which the trial or preliminary investigation is held.

SEC. 2. On the first day of each month the justice of the peace of each municipality shall present to the municipal treasurer a detailed statement of the fees accruing to officers of courts from the municipal treasury during the preceding month by virtue of this Act. The account thus rendered shall forthwith be audited by the municipal president and treasurer, and the officer entitled thereto shall thereupon receive from the municipal treasury the amount of his fees as allowed by these auditors. For the purpose of the auditing herein provided, the auditors shall examine the records of the justice of the peace or any other papers or persons deemed necessary.

SEC. 3. If the services described in section one of this Act are rendered in the prosecution of a case in any Court of First Instance. the fees shall be taxed against the defendant as part of the costs if he be convicted, and it shall be the duty of all clerks of the Court of First Instance to collect such costs. The fees earned by the sheriff or other officer of the court, for the service of any process or orders of the Court of First Instance, except in Manila, shall be paid out of the treasury of the province in which the trial is held. The services of the clerk of the court on behalf of the Government in criminal cases shall be rendered gratis; but this provision shall not be deemed to relieve a defendant who has been convicted from having such fees taxed against him as part of the costs.

SEC. 4. On the first day of each month, the clerk of the Court of First Instance shall present to the provincial treasurer a detailed statement of the fees accruing to the sheriff or other officer of the Court of First Instance from provincial funds, for the service of process or orders of the Court during the preceding month by virtue of this Act. Such statement shall forthwith be audited by the pro

vincial treasurer, and the officer entitled to the fees shall thereupon receive from the provincial treasury the amount thus allowed. For the purpose of this audit the treasurer shall examine the records of the Clerk of Court and any papers and persons deemed necessary.

SEC. 5. All costs collected in courts of First Instance in criminal proceedings, accruing on account of fees for the service of process contemplated in the last preceding section, shall be paid into the provincial treasury and accounted for to the Insular Auditor. All other costs collected in courts of First Instance in criminal cases, and all fines thus collected shall be deposited in the Insular Treasury to the credit of the appropriation "Judiciary" and shall be accounted for to the Insular Auditor.

SEC. 6. In the city of Manila it shall be the duty of all members of the police department of said city to serve within its limits the criminal process of all courts, without extra compensation for such services. But the fees which would accrue for such services, if performed by officers of courts in the provinces, shall nevertheless be taxed against defendants who are convicted, and when costs so taxed are collected they shall accrue to the appropriation "Judiciary."

SEC. 7. The Insular Auditor is hereby directed to cancel all sums now unpaid and owing to the Insular Government by the provinces and the city of Manila for court fees in criminal cases, and to refund to each province and the city of Manila a portion of the sums hitherto paid by them to the Insular Government on account of such fees. For this purpose there is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, the sum of seventyfive thousand pesos (75,000.00), to be distributed among the respective provinces and the city of Manila, upon the pro-rata basis of the payments made by such provinces and the city of Manila. All costs heretofore adjudged against defendants in criminal cases and remaining uncollected on the date of the passage of this Act shall, when collected, accrue to the appropriation" Judiciary."

SEC. 8. Whenever the duties of a governor, sheriff, deputy or special deputy, or other officer of a court in criminal proceedings, require travel or transportation of provincial prisoners or furnishing food for prisoners, in whole or in part outside of the province of such officer, the officer performing the service shall receive a compensation of four pesos for each day necessarily employed in performing the service, and the actual necessary expenses incurred in traveling and in transporting prisoners and in furnishing food for them and

no more.

SEC. 9. Section one of Act Numbered Three hundred and two and Acts Numbered Four hundred and four and Thirteen hundred and thirty-five are hereby repealed.

SEC. 10. 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. 11. This Act shall take effect on its passage.
Enacted, October 11, 1907.

[No. 1765.]

AN ACT To amend Act Numbered One hundred and eighty-three, entitled “An Act to incorporate the city of Manila," as amended, by providing that appropriations for the government of said city shall be made by the Municipal Board, subject to the approval of the Governor-General, and for other purposes.

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

SECTION 1. Section fifteen of Act Numbered One hundred and eighty-three, entitled "An Act to incorporate the city of Manila,” is hereby amended to read as follows:

"SEC. 15. Subject to approval by the Governor-General, the Municipal Board of the city of Manila shall make all appropriations for the expenses of the government of said city. In consideration of the exemption from taxation of the extensive real-estate holdings of the Insular Government within the limits of the city of Manila, of the deprivation of the city of Manila of revenues which under its Charter it would have derived from wharves along certain portions of the Pasig River ceded to the Insular Government, of the expense of extensive improvements which the government of said city is required to make by reason of the location therein of the capital of the Íslands, of the use by the Insular Government of the building known as the Ayuntamiento,' of the free service furnished by the police department of said city at certain buildings occupied by the Insular Government, including Malacañan Palace, and of the service by the sheriff of the city of Manila as an officer of the Supreme Court, there is hereby created a permanent continuing appropriation, from any funds in the Insular Treasury not otherwise appropriated, equal to thirty per centum of the expenses of the government of the city of Manila exclusive of those amounts which appear as expenses by reason of interdepartmental charges and charges against the Insular Government for land transportation and other analogous services and supplies: Provided, That the total contribution from Insular funds to the government of the city of Manila under this appropriation shall not in any one year exceed the amount of the proceeds of the real-estate tax collected by the said city during the next preceding year: And provided further, That the total amount of such contribution shall not in any one year exceed the sum of one million two hundred and fifty thousand pesos. The Insular Auditor is hereby directed to ascertain from time to time the amount herein appropriated and to transfer to the city of Manila, out of any funds in the Insular Treasury not otherwise appropriated, the amount so ascertained."

SEC. 2. 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. 3. This Act shall take effect on July first, nineteen hundred and eight.

Enacted, October 11, 1907.