herein shall be added, by executive order of the 'Governor-General, to the time allowed by this franchise for compliance with its provisions.

SEC. 7. The books and accounts of the grantee shall be subject to official inspection at any and all times by the Insular Auditor, his authorized representatives, or any other representative of the Government appointed by the Governor-General.

SEC. 8. This franchise or concession is subject to amendment, alteration, or appeal by the Congress of the United States; no stock or bonds shall be issued by the grantee hereunder except in exchange for actual cash, or for property at a fair valuation equal to the par value of the stock or bonds so issued; the grantee shall not declare stock or bond dividends.

The foregoing and all other terms and provisions of section seventy-four of the Act of Congress approved July first, nineteen hundred and two, entitled "An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," and of sections four and five of the Act of Congress approved February sixth, nineteen hundred and five, relating to the construction of railroads in the Philippine Islands in so far as the same are applicable to this franchise, are hereby applied to, incorporated into, and made a part of this franchise with the same effect as if they were set out herein at length. SEC. 9. The word "grantee" herein shall be held to include and apply to the successors and assigns of said grantee.

SEC. 10. The grantee may assign, transfer, or sell this franchise only after the approval of the Governor-General in writing has been obtained: Provided, however, That in the case of the assignment, transfer, or sale to a railroad corporation as provided in this Act, such approval shall not be necessary. In any event, the assignment, transfer or sale shall be made only to a corporation organized under the laws of the Philippine Islands or of any State of the United States of America.

SEC. 11. 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. 12. This Act shall take effect upon its passage: Provided, however, That the grant of the franchise shall not become operative or effective unless the grantee shall, within nine months after the passage of this Act, file with the Secretary of Commerce and Police its acceptance of the franchise and its agreement to comply with all the terms of the Act and make the deposit required by section three (f) of this Act. With this acceptance shall be filed an amendment to the charter of the grantee, in a form satisfactory to the AttorneyGeneral of the Philippine Islands, wherein the said corporation shall be duly authorized to enjoy all powers, privileges, and exemptions granted by this Act.

Enacted, August 30, 1907.

[No. 1701.]

AN ACT To equalize and secure uniformity in salaries of provincial fiscals, to empower the Governor-General to consolidate the offices of fiscals of two or more provinces, to declare vacant the position of fiscal of any province and assign the duties thereof to the office of the Attorney-General, and to restore the status existing prior to such consolidation or abolition, and for other purposes.

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

SECTION 1. The provincial fiscals, in the provinces hereinafter named, shall receive the following salaries:

(a) In the Provinces of Cebu, Iloilo, and Pangasinan, not less than four thousand five hundred pesos nor more than five thousand pesos per annum each;

(b) In the Provinces of Albay, Ambos Camarines, Bulacan, Ilocos Sur, La Laguna, Leyte, Occidental Negros, Pampanga, and Tayabas, not less than four thousand pesos nor more than four thousand five hundred pesos per annum each;

(c) In the Provinces of Batangas, Bohol, Cagayan, Capiz, Rizal, Samar, and Sorsogon, not less than three thousand five hundred pesos nor more than four thousand pesos per annum each;

(d) In the Provinces of Cavite, Ilocos Norte, La Union, Misamis, Nueva Ecija, Oriental Negros, Surigao, and Tarlac, and in the Mountain District, not less than three thousand pesos nor more than three thousand five hundred pesos per annum each;

(e) In the Provinces of Agusan, Antique, Bataan, Isabela, Mindoro, Palawan, and Zambales, not less than two thousand five hundred pesos nor more than three thousand pesos per annum each;

SEC. 2. The Governor-General shall, upon the recommendation of the Secretary of Finance and Justice, fix the salaries of the respective provincial fiscals within the above limitations.

SEC. 3. Whenever, in his judgment, the public interests will be promoted by the consolidation of the offices of two or more provincial fiscals, the Governor-General may, upon the recommendation of the Secretary of Finance and Justice, declare such positions consolidated. appoint a fiscal thereto, fix the salary of the position resulting therefrom at not to exceed seventy-five per centum of the sum of the salaries of the positions consolidated, determine the residence of the fiscal so appointed, and apportion among the provinces served the charges for salary, traveling expenses, clerical and other necessary expenses incident to the performance of the duties of the combined office.

SEC. 4. Whenever, in his judgment, the public interests will be promoted thereby, the Governor-General may, upon the recommendation of the Secretary of Finance and Justice, declare the position of provincial fiscal in any province vacant, and direct that the duties imposed by law upon the provincial fiscal of such province be performed by an assistant attorney of the Bureau of Justice designated by the Attorney-General; and such province shall reimburse the Bureau of Justice for the necessary traveling expenses, salary of such assistant attorney, and other expenses necessarily incident to the services rendered, in such amount as shall be fixed by the AttorneyGeneral, with the approval of the Secretary of Finance and Justice,

not exceeding seventy-five per centum of the salary previously fixed for the fiscal of said province.

SEC. 5. Whenever the offices of two or more provincial fiscals have been consolidated, and whenever the office of the provincial fiscal in any province has been declared vacant, as provided by this Act, the Governor-General, upon the recommendation of the Secretary of Finance and Justice, may restore them to their previous status when, in his opinion, the public interest is no longer served by such consolidation, and thereupon the salaries payable to the separate positions shall be the same as were payable at the time of consolidation.

SEC. 6. Acts Numbered Twelve hundred and ninety-five, Fourteen hundred and thirty-seven, Fifteen hundred and thirty-six, Fifteen hundred and seventy-two, Fifteen hundred and ninety, and Sixteen hundred and forty-four, providing for the consolidation of the offices of provincial fiscals in certain provinces, and any Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed.

SEC. 7. 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. 8. This Act shall take effect on October first, nineteen hundred and seven.

Enacted, August 31, 1907.

[No. 1702.]

AN ACT TO amend sections fourteen, thirty-six, and seventy-one of Act Numbered One hundred and ninety, providing a code of civil procedure in civil actions and special proceedings in the Philippine Islands.

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

SECTION 1. Section fourteen of Act Numbered One hundred and ninety is hereby amended by striking out the word "twenty-three in the third line of said section and inserting in lieu thereof the word "twenty-one," so that said section, as amended, shall read as follows:

"SEC. 14. Qualification of applicants.-Any resident of the Philippine Islands, not a subject or citizen of any foreign government, of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as a member of the bar of the Islands and to practice as such in all their courts."

SEC. 2. Section thirty-six of Act Numbered One hundred and ninety is hereby amended so as to read as follows:

"SEC. 36. Judges as lawyers.-Judges of the Supreme Court, Court of First Instance, Court of Land Registration, the municipal court of Manila, the Attorney-General, Solicitor-General, Assistant Attorney-General, the assistant attorneys in the Bureau of Justice, the prosecuting attorney of the city of Manila, and his assistants, the city attorney, and assistant attorney of the city of Manila, the attorney and assistant attorney for the Moro Province, provincial

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fiscals, the fiscal for the Mountain District, and the clerks of court shall not while holding office engage in private practice as attorneys at law or give professional advice to clients."

SEC. 3. Section seventy-one of Act Numbered One hundred and ninety is hereby amended so as to read as follows:

"SEC. 71. Final disposition of dockets. Whenever any justice of the peace shall die or resign or shall be removed from office or shall remove from the municipality to which he was appointed, or whenever his office shall in any way become vacant, such justice of the peace, or his legal representative in case of his death, shall, within ten days after such death, resignation, removal from office, removal from the municipality, or vacancy in the office, deliver his docket, process, papers, books, and all records relating to his office to the justice appointed to fill such vacancy or to the auxiliary justice appointed for such municipality; and if any justice of the peace, or his legal representative in case of his death, refuses or neglects to deliver as hereby prescribed such docket, process, papers, books, and records to such newly appointed justice or to the said auxiliary justice of the peace, as the case may be, he shall be punished by a fine not exceeding five hundred dollars or by imprisonment of not more than six months, or by both.

"Such auxiliary justice of the peace shall, during the time he shall perform the duties of the office, keep in his office the docket, process, papers, books, and records delivered to him and shall, while kept by him, certify copies thereof whenever lawfully demanded, and, upon the appointment and qualification of a justice of the peace to fill such vacancy, the said auxiliary justice shall, within ten days after such appointment and qualification, deliver to such justice of the peace so appointed and qualified such docket, together with all process, papers, books, and records relating to his office, and if any auxiliary justice of the peace, or his legal representative in case of his death, refuses or neglects to deliver such docket, process, papers, books, and records to such justice of the peace, as herein prescribed, he shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars or by imprisonment for not more than six months, or by both.

"If there shall be on such docket any judgment unexecuted while such docket, process, papers, books, and records are in the custody of the auxiliary justice of the peace or the justice appointed to fill such vacancy, the auxiliary justice, or such newly appointed justice, as the case may be, may issue execution upon such judgment, and the execution so issued shall have the same effect as if issued by the justice who rendered the judgment.

"Whenever the office of any justice of the peace shall become vacant for any cause and there shall be pending before him any matter or action undetermined, and the books and papers of such justice shall have been delivered pursuant to law to the justice appointed to fill such vacancy or to the auxiliary justice of the peace, as the case may be, such newly appointed justice or auxiliary justice, as the case may be, shall proceed to hear. try, and determine such matter or action; and in case the time fixed for the trial of such matter or action by such ex-justice shall have passed, the newly appointed justice or the auxiliary justice, as the case may be, shall cause at least three days' notice of the time of such hearing to be given to the parties to such action or proceeding."

SEC. 4. 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. 5. This Act shall take effect on its passage.

Enacted, August 31, 1907.

[No. 1703.]

AN ACT To define and fix the status of prisoners and the responsibility for their maintenance, and for other purposes.

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

SECTION 1. The following persons shall hereafter be considered to be municipal prisoners:

(a) All persons detained or sentenced for violation of municipal or city ordinances.

(b) All persons detained, pending trial before justices of the peace or before municipal courts.

(c) All persons sentenced to the payment of a fine in cases where the subsidiary imprisonment for nonpayment of such fine is not to exceed one month, or sentenced to arresto menor or to arresto menor and fine, even in those cases where the person sentenced is subject to subsidiary imprisonment.

(d) All persons sentenced to imprisonment not exceeding thirty

days.

(e) All persons detained by order of a justice of the peace, or of a judge of a municipal court, pending preliminary investigation of the crime charged, until the court shall remand them to the Court of First Instance.

SEC. 2. Except as otherwise provided in this Act, all municipal prisoners shall be maintained by the city or municipality in which the offense was committed.

SEC. 3. Except as hereinbefore provided the following persons shall hereafter be considered to be provincial prisoners:

(a) All persons detained pending preliminary investigation before a judge of the Court of First Instance or pending trial before the Court of First Instance.

(b) All persons sentenced by a court of original jurisdiction to arresto mayor or to presidio correccional or prisión correccional for a period not exceeding one year, or to pay a fine not exceeding five hundred pesos, or to both penalties, even in those cases where the person sentenced is subject to subsidiary imprisonment: Provided, however, That the subsequent status of such prisoners shall be determined in accordance with section seven of this Act.

(c) All persons sentenced by a court of original jurisdiction to imprisonment for more than thirty days and not exceeding one year. SEC. 4. Except as otherwise provided in this Act, all provincial prisoners shall be maintained by the province in which the offense was committed.