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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

[No. 1680.]

ACTS OF THE PHILIPPINE COMMISSION.

the officer, there shall be charged for each one hundred words in excess of three hundred and fifty words in the original complaint, in each copy of the complaint served, five cents; but if copy of complaint for each defendant is furnished by the complainant no additional fee shall be charged for said copy.

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During the sessions of the Supreme Court, at other places than in the city of Manila, the officer of the court shall receive three dollars per day, in money of the United States, for each day the Supreme Court is in session in his province for attendance at such court by himself and necessary deputies.'

SEC. 3. Section seventeen of Act Numbered Four hundred and ninety-six, entitled "An Act to provide for the adjudication and registration of titles to lands in the Philippine Islands," as amended by section five of Act Numbered Eleven hundred and eight and by section four of Act Numbered Sixteen hundred and forty-eight, is hereby further amended so as to read as follows:

"SEC. 17. The Court of Land Registration, in all matters over which it has jurisdiction, may enforce its orders, judgments, or decrees in the same manner as orders, judgments, and decrees are enforced in the Court of First Instance, including a writ of possession directing the governor or sheriff of any province, or the sheriff of the city of Manila, to place the applicant in possession of the property covered by a decree of the court in his favor; and, upon the request of the judge of the court of Land Registration, the governor or sheriff of any province or the sheriff of the city of Manila, as the case may be, shall assign a deputy to attend the sittings of the court in that province or city; and for the purpose of attending the sessions of the court and enforcing good order in and about the court room, the provincial governor is hereby authorized to designate 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 provincial treasury, for such time as the court may be in session in said province.

"The Court of Land Registration, in all matters over which it has jurisdiction, may issue an injunction for the protection of either or any of the parties in interest in the following cases:

"(1) When it appears by the application, by verified petition, or by affidavits that the commission or continuance of some act during the proceedings for registration of title would produce waste or great or irreparable injury to the subject-matter of the registration proceedings.

"(2) When it appears during the pendency of the proceedings that either or any of the parties in interest is doing, or is about to do, or is threatening to do, or is procuring or suffering to be done, some act in violation or to the prejudice of the rights of another party to the action respecting the subject-matter of the proceedings and tending to render the judgment ineffectual.

"Except as herein provided, preliminary and permanent injunctions shall be obtained, enforced, dissolved, or modified in the same manner as such injunctions are obtained, en forced, dissolved, or modified under the provisions of the Code of Civil Procedure."

SEC. 4. All Acts or parts of Acts in conflict with this Act are hereby repealed.

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 October first, nineteen hundred and seven.

Enacted, August 12, 1907.

[No. 1681.]

AN ACT To amend section eighteen of the Municipal Code, as amended, by authorizing the Governor-General to remove municipal treasurers from office for cause.

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

SECTION 1. Paragraph (1) of section eighteen of the Municipal Code as amended by section two of Act Numbered Fourteen hundred and eighty-two is hereby amended to read as follows:

"(1) He shall appoint, by and with the consent of the majority of all the members, of the council, the municipal secretary and all nonelective officers and employees who may be provided for by law or by ordinance, with the exception of the municipal treasurer and the employees of his office; and at any time, for cause, he may suspend any such officer or employee thus appointed for a period not exceeding ten days, which suspension may be continued for a longer period by the council; and by and with the consent of a majority of all the members of the council he may discharge any such officer or employee.

"The municipal treasurer shall be appointed by the provincial treasurer, subject to the approval of the provincial board, and may be removed from office by the provincial board or the GovernorGeneral for cause. The position of municipal treasurer shall be classified and subject to all the provisions of the Civil Service Act and Rules.

"The municipal treasurer shall appoint such clerks and other employees as are necessary to aid him in the discharge of his duties when the number and salaries thereof are determined in the manner provided by this Act. In case it shall appear that the number or salaries authorized by the municipal council are manifestly inadequate it shall be within the power of the provincial board, on application, to modify the number or salaries fixed by the municipal council for such clerks or other employees. The municipal treasurer may, for cause, suspend from office any employee thus appointed and shall immediately notify the municipal council of any such action. The municipal council shall, within ten days after the receipt of this notice, take such action as the circumstances of the case may justify and order the reinstatement or the removal from office of the suspended employee, or may confirm his suspension until full evidence in the case can be presented before the council and final action taken thereon. Where reinstatement is ordered, the municipal council may direct payment of compensation for all or any part of the period of

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