페이지 이미지
PDF
ePub

prima facie evidence of the receipt of such order by the publicservice corporation in due course of mail.

The Board shall be authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper. It shall be the duty of every public-service corporation, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect.

SEC. 19. Any public-service corporation, and any officer, representative, receiver, trustee, lessee, or agent thereof, who knowingly fails or neglects to obey any order made under the provisions of section sixteen of this Act shall forfeit to the Government of the Philippine Islands the sum of not less than two thousand nor more than ten thousand pesos for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense: Provided, however, That the court shall take into consideration the number and amount of previous forfeitures resulting from the same cause.

SEC. 20. After an order or requirement has been made by the Board in any proceeding any interested party may at any time make application for rehearing of the same, or of any matter determined therein, and it shall be lawful for the Board in its discretion to grant such a rehearing if sufficient reason therefor be made to appear. Applications for rehearing shall be governed by such general rules as the Board may establish. No such application shall excuse any publicservice corporation from complying with or obeying any order or requirement of the Board, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Board. În case a rehearing is granted the proceedings thereupon shall conform as nearly as may be to the proceedings in an original hearing, except as the Board may otherwise direct; and if, in its judgment, after such rehearing and the consideration of all facts, including those arising since the former hearing, it shall appear that the original order or requirement is in any respect unjust or unwarranted, the Board may reverse, change, or modify the same accordingly. Any order or requirement made after such rehearing, reversing, changing, or modifying the original determination shall be subject to the same provisions as an original order.

SEC. 21. Any public-service corporation which shall violate any of the provisions of this Act, or shall fail to comply with any lawful order of said Board, or shall fail to conform to any of its reasonable rules and regulations, or shall demand or receive a greater sum for its services than that authorized by law, shall forfeit to the Government of the Philippine Islands a sum not to exceed ten thousand pesos for every such violation, failure, or overcharge not otherwise punishable by penalty or forfeiture under the provisions of this Act; such forfeiture or any other forfeiture under the provisions of this Act shall be recoverable by action in the name of the Government of the Philippine Islands in any province or municipality in which such corporation may maintain an office or agency: Provided, That in all such cases it may be shown in defense that the rate, rule, regulation, or order of said Board was unjust or unreasonable. In addition to any penalty or forfeiture which may be imposed or adjudged by the court on or against any public-service corporation, any officer, manager, agent, or servant of such public

service corporation directing or assisting or aiding or abetting the acts or doings prohibited by this Act shall, upon conviction by the court, be punished by a fine of not exceeding two thousand pesos or by imprisonment not exceeding five years, or by both such fine and imprisonment, in the discretion of the court: Provided, however, That in fixing the amount of a fine or forfeiture under this section the court shall take into consideration the number and amount of previous fines or forfeitures resulting from the same cause.

In all judicial proceedings under the provisions of this Act it shall be the duty of the Attorney-General to represent the Government of the Philippine Islands and said Board.

SEC. 22. In all judicial proceedings in which any public-service corporation alleges that any rate, regulation, order, or act of the said Board is unjust or unreasonable, the burden of proof of such allegation shall rest upon the public-service corporation, and it must show by clear, credible, and satisfactory evidence that the rates, regulations, orders, or acts complained of are unreasonable or unjust to such corporation.

SEC. 23. The said Board shall submit to the Philippine Legislature an annual report containing copies of all orders issued, as well as any other information which it may deem of value to the Legislature and to the people, accompanied by recommendations as to any new legislation which it may deem wise or necessary in the public interest.

SEC. 24. The expenses incurred by the Board or its members or by the employees thereof, under proper orders, in making any investigations or transacting any official business shall be allowed and paid out of the appropriation therefor, upon presentation of itemized vouchers approved by the Governor-General.

"

SEC. 25. The provisions of this Act shall apply to all publicservice corporations, whether domestic or foreign, doing business in the Philippine Islands, and the term "public-service corporation or "public-service corporations," as used in this Act, shall include any person, association or corporation, receiver, or trustee owning, leasing, or operating for hire any railroad, street-railway, steamboat, or steamship line, freight or any other car service, or any other common carrier; and also any person, association, corporation, receiver, or trustee owning, leasing, or operating for hire any telegraph or telephone line, or any other means of transmitting messages by electricity, and all gas, electric-light, heat, power, irrigation, and watersupply works, plants, and systems rendering service to the public, and all persons, associations, or corporations authorized to exercise the right of eminent domain, or who render public service and use or occupy any street, alley, or public highway, whether along, over, or under the same, in a manner not permitted to the general public: Provided, however, That the term "public-service corporation "public-service corporations" shall not include municipal corporations or public institutions owned or controlled by the Government of the Philippine Islands.

or

The term "rate" or "rates" as used in this Act shall include rates, fares, charges, tolls, and compensation for any service rendered or to be rendered by any public-service corporation.

SEC. 26. Nothing in any of the provisions of this Act shall be construed to affect or impair any right or rights reserved to the Govern

ment of the Philippine Islands in any franchise or franchises heretofore or hereafter granted.

SEC. 27. 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. 28. This Act shall take effect on its passage.
Enacted, October 12, 1907.

[No. 1780.]

AN ACT To regulate the importation, acquisition, possession, use, and transfer of firearms, and to prohibit the possession of same except in compliance with the provisions of this Act.

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

SECTION 1. It shall be unlawful for any person, firm, or corporation, for purposes of sale, to import, buy, or otherwise acquire, dispose of, possess, or have the custody of any rifle, musket, carbine, shotgun, revolver, pistol, or air rifle, except air rifles of small caliber and limited range used as toys, or any other deadly weapon from which a bullet, ball, shot, shell, or other missile or missiles may be discharged by means of gunpowder or other explosive; and it shall be unlawful for any person, firm, or corporation, for purposes of sale, to import, buy, or otherwise acquire, dispose of, possess, or have the custody of any ammunition or detached parts for such weapons, unless and until such person, firm, or corporation shall secure a license, pay the license fee, and execute a bond and otherwise comply with the requirements of this Act and the rules and regulations issued in executive orders by the Governor-General pursuant to the provisions of this Act. The word "firearm" as used herein shall be interpreted to mean any and all of the weapons mentioned in this section, and the barrel of any one of same shall be considered a firearm.

SEC. 2. Any person, firm, or corporation desiring to deal in firearms or ammunition shall make application to the Governor-General for a license therefor, stating therein for the information of the Governor-General the facts regarding the amount of business in the purchase and sale of firearms and ammunition intended to be transacted by such applicant, and the classes of arms and ammunition which the applicant intends to purchase and sell under the license applied for, and such additional information as may be specially requested by the Governor-General before passing upon the application. The Governor-General may approve or disapprove such application and, in the event of approval, shall state therein the amount of the bond to be executed by the applicant before the issuance of the license, and the time during which the license shall be effective, unless sooner revoked by his authority: Provided, however, That the Governor-General may authorize any person, firm, or corporation authorized to deal in firearms and ammunition or any other person possessing a proper license, to store such firearms and ammunition in the custody of the Director of Constabulary, who shall give a receipt by

description for such firearms and ammunition, to be held subject to the call of the owner, from whom similar receipts shall be exacted upon the return of such firearms or ammunition: And provided further, That the Director of Constabulary is hereby authorized to impose and collect a reasonable charge, to be fixed by him subject to the approval of the Secretary of Commerce and Police, for storage and care of such firearms and ammunition.

SEC. 3. In consideration of the issuance of such license to deal in firearms and ammunition and to secure faithful compliance with the laws and regulations relating thereto, every dealer in firearms, upon receiving such a license, shall execute a bond in the amount fixed by the Governor-General, as provided in the next preceding section, and such bond shall be duly approved by the Director of Constabulary before the issuance of the license.

SEC. 4. When an application for a license to deal in firearms or ammunition shall be approved by the Governor-General, such application and approval shall be transmitted to the Director of Constabulary with instructions that, upon approval by him of the bond prescribed by law in the amount fixed by the Governor-General, he issue the license in accordance with the terms of the approval of the Governor-General, and he shall forthwith file in his office the bond. executed and approved as herein provided.

SEC. 5. The license herein provided to be issued may be revoked at any time by order of the Governor-General, in which case such proportion of the license fee paid shall be refunded to the licensee as the time expired under the license shall bear to the whole time for which the license was issued: Provided, however, That in case of a breach of the terms of the license or of the laws and regulations providing for the enjoyment thereof, no part of the license fee shall be returned: And provided further, That in case the license is revoked all arms in the possession of the licensee shall be turned into the Bureau of Constabulary for care and safe-keeping. Upon the expiration of the license, and after satisfactory evidence of faithful compliance with said laws and regulations, the Governor-General shall order that the bond be canceled and returned to the principal named therein.

SEC. 6. In case any person, firm, or corporation shall, for purposes of sale, desire to import, buy, or otherwise acquire, dispose of, possess, or have the custody of any firearms or ammunition in greater amount than is named or described in his license, he must apply for and secure a new license. The collector of customs shall not clear any shipment of firearms or ammunition until he shall have reported to the Director of Constabulary the amount and class of the shipment and secured through the Director of Constabulary the approval of the Governor-General for such clearance.

SEC. 7. It shall be unlawful for any dealer in firearins or ammunition to sell or deliver any firearms or ammunition or any part of a firearm to a purchaser or other person until such purchaser or other person shall have obtained the license therefor, as hereinafter provided. Any person violating the provisions of this section, upon conviction in a court of competent jurisdiction, shall be punished by a fine not exceeding two thousand pesos, or by imprisonment not

11027-WAR 1907-VOL 10-31

exceeding two years, or by both such fine and imprisonment, in the discretion of the court.

SEC. 8. Every dealer in firearms or ammunition shall keep complete and accurate records and accounts of importations and sales of firearms and ammunition, with the name, age, residence, occupation, and post-office address of each and every purchaser of any firearm or firearms and ammunition, and the number and date of the license of each purchaser for the possession of each firearm purchased by him and the number of the firearm purchased, together with the amount and character of the ammunition purchased for each firearm: and each dealer in firearms shall, when requested by the Director of Constabulary, permit the examination of such records and accounts of the purchases and sales of firearms and the counting and verification of all arms and ammunition remaining on hand; and any refusal upon the part of any such dealer to comply with the provisions of this section shall be a breach of the condition of the bond executed and delivered by such dealer.

SEC. 9. Any person desiring to possess one or more firearms for personal protection, or for use in hunting or other lawful purposes only, and ammunition therefor, shall make application for a license to possess such firearm or firearms or ammunition as hereinafter provided: Upon making such application, and before receiving the license, the applicant shall make a cash deposit in the postal savings bank in the sum of one hundred pesos for each firearm for which the license is to be issued, or in lieu thereof he may give a bond in such form as the Governor-General may prescribe, payable to the Government of the Philippine Islands, in the sum of two hundred pesos for each such firearm: Provided, however, That persons who are actually members of gun clubs, duly formed and organized at the time of the passage of this Act, who at such time have a license to possess firearms, shall not be required to make the deposit or give the bond prescribed by this section, and the bond duly executed by such persons in accordance with existing law shall continue to be security for the safe-keeping of such arms.

SEC. 10. In consideration of the issuance of a personal license to possess firearms or ammunition, and to assure faithful compliance with the laws and regulations relating thereto, every person receiving such a license and making a cash deposit in the postal savings bank, as provided in the next preceding section, shall indorse the certificate of deposit received by him so that same shall be payable to the order of the Insular Treasurer, and shall deliver the same to the officers issuing the license. In case a bond is given, the Director of Constabulary shall be the custodian of such bond.

SEC. 11. An application for a personal license to possess firearms and ammunition, as herein provided for, made by a resident of the city of Manila, shall be directed to the chief of police of said city, and it shall be the duty of the chief of police to forward the application to the Governor-General with his recommendation. Any such application made by a resident of a province shall be directed to the governor of the province, who shall make his recommendations thereon and forward the application to the senior inspector of Constabulary of the province, who in turn shall make his recommendations thereon and forward the application, through official channels, to the Governor-General. The Governor-General may

« 이전계속 »