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"bonded employee" within the meaning of Act Numbered Sixteen hundred and five, entitled "An Act forbidding, under penalty, bonded officers or bonded employees, or former bonded officers or bonded employees, of the Insular Government, or of any provincial or municipal government in the Philippine Islands, or the city of Manila, from leaving or attempting to leave the Philippine Islands without first securing a certificate from the Insular Auditor, and repealing Act Numbered Eleven hundred and sixty-one," and within the meaning of every other Act in force fixing the responsibility, accountability, liability, duties, or penalties of officers or employees who were heretofore required to give bond for the faithful performance of their duties and the accounting for public funds or public property.

SEC. 12. The Insular Auditor shall fix the amount for which the various positions contemplated in this Act shall be bonded. The Auditor shall determine the exact amount of losses, shortages, and defalcations which may be found in the accounts of any bonded officers, employees, or agents, whether of money or property, the amount to be paid in order to replace such losses, shortages, or defalcations, and the account or accounts of the Bureau, Office, province, or municipality to which such sums shall be paid from the fidelitybond premium fund. When the Auditor has determined such amount he shall certify the same to the Insular Treasurer, who shall thereupon issue a warrant therefor.

SEC. 13. The powers and duties vested in the Insular Auditor by sections forty-three and forty-four of the Accounting Act are hereby extended in their entirety to the fidelity-bond premium fund.

SEC. 14. The moneys in the fidelity-bond premium fund may be invested by the Insular Treasurer, with the approval of the Governor-General, in any or all of the ways in which the funds of the Philippine Postal Savings Bank may be invested by the Postal Savings Bank Investment Board under authority of section eighteen of Act Numbered Fourteen hundred and ninety-three, as amended. SEC. 15. The provisions of this Act shall not be applicable to sheriffs of provinces or to provincial governors acting as sheriffs.

SEC. 16. Section twenty-three of Act Numbered One hundred and thirty-six, as amended, is hereby amended to read as follows:

"SEC. 23. The governor of the province, or, if he declines to act as sheriff, any person lawfully appointed to the position of sheriff, shall, before being qualified to perform the duties of sheriff or officer of the court, execute a bond, with not less than three sureties, running to the Government of the Philippine Islands, for the benefit of whom it may concern, in the penal sum of twenty thousand pesos. The sureties on said bond shall qualify under oath before the judge of the Court of First Instance, or, in his absence, before the clerk of the court. The bond shall be conditioned for the faithful performance of the duties of himself and his deputies as sheriff and officer of the court, and for the payment to the Government or the persons entitled thereto of all sums of money that shall come into his or their hands officially. Its form shall be prescribed by the Auditor, who shall approve and forward it to the Insular Treasurer for file. The bond shall bear an indorsement of the provincial treasurer stating that after due investigation, and to the best of his knowledge and belief, the sureties collectively own real property in the

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sum of twenty thousand pesos, free from incumbrances and over and above any liabilities owing by them. The bond shall thereupon be forwarded to the Insular Treasurer and, after his approval, be kept on file in his office. The bond shall be available for the benefit of the Government and of any person in interest. Until the bond has been approved by the Auditor the officer shall not be entitled to any fees for services performed, but the Auditor's approval shall be effective as of the date of the bond. The governor or sheriff may require each deputy appointed by him to execute a sufficient indemnity for his protection against any wrong-doing on the part of such deputy."

SEC. 17. Act Numbered Two hundred and forty-nine, entitled "An Act requiring all officers and employees who shall receive and have custody of money in the discharge of their official duties to give bond;" Act Numbered Four hundred and sixty-four, entitled "An Act vesting the Insular Treasurer with power to increase or diminish the bonds of public officials, with the approval of the Civil Governor;" Act Numbered Six hundred and twenty-six, entitled "An Act providing that when any official or employee of the Government shall be designated to perform the duties of another official or employee, in accordance with Act Numbered Four hundred and eight, he shall be reimbursed for such additional expense as he shall be obliged to incur for bond by reason of such designation; and making this Act retroactive;" Act Numbered Seven hundred and ninety-nine, entitled "An Act immediately to reimburse from the Insular Treasury the treasuries of provinces which have suffered loss through defalcations of their bonded officials, pending recovery of amounts lost on the official bonds," and Act Numbered One thousand and ninetyseven, entitled "An Act relating to the payment of the premium charges upon the bonds of bonded Insular, provincial, and municipal officers and employees," are hereby repealed.

SEC. 18. 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. 19. This Act shall take effect on December thirty-first, nineteen hundred and seven, with the approval of the Secretary of War first had and obtained.

Enacted, October 3, 1907.

[No. 1740.]

AN ACT Providing for the punishment of public officers and employees who fail or refuse to account for public funds or property or who make personal use of such funds or property, or any part thereof, or who misappropriate the same, or any part thereof, or who are guilty of any malversation with reference to such funds or property, or who through abandonment, fault, or negligence permit any other person to abstract, misappropriate, or make personal use of the same.

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

SECTION 1. Any bonded officer or employee of the Insular Government, or of any provincial or municipal government, or of the

city of Manila, and any other person who, having charge, by reason of his office or employment, of Insular, provincial, or municipal funds or property, or of funds or property of the city of Manila, or of trust or other funds by law required to be kept or deposited by or with such officer, employee, or other person, or by or with any public office, treasury, or other depositary, fails or refuses to account for the same, or makes personal use of such funds or property, or of any part thereof, or abstracts or misappropriates the same, or any part thereof, or is guilty of any malversation with reference to such funds or property, or through his abandonment, fault, or negligence permits any other person to abstract, misappropriate, or make personal use of the same, shall, upon conviction, be punished by imprisonment for not less than two months nor more than ten years and, in the discretion of the court, by a fine of not more than the amount of such funds and the value of such property.

SEC. 2. In all prosecutions for violations of the preceding section, the absence of any of the public funds or property of which any person described in said section has charge, and any failure or inability of such person to produce all the funds and property properly in his charge on the demand of any officer authorized to examine or inspect such person, office, treasury, or depositary shall be deemed to be prima facie evidence that such missing funds or property have been put to personal uses or used for personal ends by such person within the meaning of the preceding section.

SEC. 3. Every person convicted of a violation of this Act shall ipso facto be forever disqualified from holding any public office or employment of any nature whatever within the Philippine Islands.

SEC. 4. Articles three hundred and ninety, three hundred and ninety-one, and three hundred and ninety-two of the Penal Code of the Philippine Islands, in so far as the same may be in conflict with this Act, are hereby to that extent only 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 twentysixth, nineteen hundred.

SEC. 6. This Act shall take effect on its passage.
Enacted, October 3, 1907.

[No. 1741.]

AN ACT To amend Act Numbered One hundred and thirty-six, as amended, by providing a salary of twenty-four hundred pesos per annum for the justices of the peace of Cebu and Iloilo, and by allowing each of said justices two clerks to be paid by the respective municipalities.

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

SECTION 1. Section seventy-one of Act Numbered One hundred and thirty-six, entitled "An Act providing for the organization of courts in the Philippine Islands," as amended by Act Numbered

Fourteen hundred and fifty and Act Numbered Sixteen hundred and twenty-seven, is hereby amended to read as follows:

"SEC. 71. Audit and settlement.-All fines and costs imposed by a justice of the peace in criminal prosecutions and all fees charged in civil suits or for any other service, and collected during any month, shall be paid, on the first day of the month succeeding their collection, to the municipal treasurer (in the city of Manila, to the Collector of Internal Revenue), to whom, at the same time, the justice shall present a detailed statement of the amounts thus collected by him since his last previous report and of the amounts accruing to him from the municipal treasury during the same period. His account shall forthwith be audited by the municipal treasurer and president (in Manila, by the Insular Auditor) and he shall thereupon receive from the treasury the amount of his emoluments as allowed by such audit not exceeding for any month the monthly salary allowed by law to the president of the municipality: Provided, That in the city of Manila the justice of the peace shall receive, in lieu of all fees, the salary now fixed by law: And provided further, That in the municipality of Cebu, Province of Cebu, and in the municipality of Iloilo, Province of Iloilo, the justice of the peace shall receive, in lieu of all fees, a salary of two thousand four hundred pesos per annum. The auditors above mentioned shall examine the records of the justice of the peace and any other papers or persons deemed necessary, and all mutilated or spoiled receipts must be accounted for and turned in by said justice. But it shall not be necessary for the justice to prove the insolvency of parties who have failed to pay costs taxed against them. If said auditors are of the opinion that needless prosecutions have been instituted for the purpose of enhancing fees, they shall report the facts to the judge of the Court of First Instance."

SEC. 2. Section seventy-five of said Act Numbered One hundred and thirty-six, as amended by Act Numbered Sixteen hundred and twentyseven, is hereby amended to read as follows:

"SEC. 75. Service of process; officers.-The president of the municipality shall serve, or cause to be served, through the municipal police force, any process issued by the justice of the peace thereof and delivered to said president. Process of the justice may also be served through the same channels as process from the Court of First Instance, and civil process, other than executions, may be served by any person designated by the justice for that purpose. The justice of the peace of Manila shall be allowed two clerks with salaries to be fixed in the annual appropriation Act for said city. The justice of the peace of the municipality of Cebu, Province of Cebu, and the justice of the peace of the municipality of Iloilo, Province of Iloilo, shall each be allowed two clerks with salaries of six hundred pesos and three hundred pesos, respectively, to be paid by the respective municipalities." SEC. 3. Section seventy-six of said Act Numbered One hundred and thirty-six, as amended by Act Numbered Fourteen hundred and fifty and Act Numbered Sixteen hundred and twenty-seven, is hereby amended to read as follows:

"SEC. 76. The auxiliary justice of the peace shall have the same qualifications and be subject to the same restrictions as the regular justice, and shall perform the duties of said office during any vacancy therein or in case of the absence of the regular justice from the munici

pality, or of his disability or disqualification, or in case of his death or resignation until the appointment and qualification of his successor, or in any cause whose immediate trial the regular justice shall certify to be specially urgent and which he is unable to try by reason of actual engagement in another trial. The auxiliary justice for such time as he shall perform the duties of justice shall receive the compensation which would have accrued to the office of justice: Provided, That the auxiliary justice of the city of Manila, the auxiliary justice of the municipality of Cebu, Province of Cebu, and the auxiliary justice of the municipality of Iloilo, Province of Iloila, shall each receive for the trial of each cause certified to him by the regular justice, as above provided, the sum of three pesos, which amount shall be deducted from the salary of the regular justice."

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, October 3, 1907.

[No. 1742.]

AN ACT Providing for the adjustment of charges made by the Bureau of Prisons against the several provinces and the city of Manila for the maintenance of prisoners.

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

SECTION 1. The Director of Prisons is hereby authorized and directed to cancel all charges pending on June thirtieth, nineteen hundred and seven, for the maintenance of provincial prisoners and prisoners of the city of Manila: Provided, however, That in the case of the city of Manila such cancellation shall become effective only upon the cancellation by the city of Manila of its claim against the Insular Government for machinery, equipment, property, and supplies of all descriptions transferred from the city shops to the Bureau of Prisons. The Insular Auditor is hereby authorized and directed to make all necessary adjustments to give effect to the foregoing in cases in which payments have been made by the provinces or the city of Manila to the Bureau of Prisons on or after July first, nineteen hundred and seven, for the maintenance of prisoners prior to said date.

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 3, 1907.

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