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SEC. 30. Within the term of fifteen days from the date of the acceptance of the concession as hereinafter provided, the grantee company shall deposit in the office of the Insular Treasurer in Manila, a sum, in money of the United States, equal to three hundred dollars for each kilometer of the concession; said deposit shall be returned to the grantee company in proportion and as the work be terminated and for lengths which shall not be less than ten kilometers. The grantee company shall lose all or part of said deposit in favor of the Insular Government if more than six months shall elapse without having begun the railroad, or more than three years shall elapse before it is terminated. The deposit shall not be forfeited when the termination of the works shall have been partially or totally interrupted by force majeure or by fortuitous causes. In case the grantee company desires to do so, the deposit herein required may, with the approval of the Civil Governor, be made in interest bearing bonds, or other securities, at least equivalent, both in par and actual value, to the money deposits above required, and the interest due on the bonds or other securities shall, as it accrues, be paid to the grantee company or its order.

SEC. 31. The Legislature of the Islands after hearing the grantee company shall have the power to declare the forfeiture of the concession in the following cases:

(a) If the works are not commenced or the road finished within the period prescribed in the concession except in cases fortuitous or force majeure; when such cases shall occur the Legislature of the Islands shall have the power to extend as considered necessary the period fixed for the execution of the works. At the termination of the extension of time, the concession shall be forfeited.

(b) If on the opening to public traffic of the total length of line the grantee company interrupts the public service for a longer period than one month when such interruption shall not be due to force majeure or to the carrying out of repairs as considered necessary for the security of the public by the inspector named by the Government or by the

company.

SEC. 32. Against the declaration of forfeiture of the concession made by the Legislature of the Islands, the grantee company may apply in the first instance to the courts of the Islands and on appeal to the Supreme Court of the United States of America. If the grantee company should not appeal against the declarations of forfeiture within a period of two months after the same has been communicated, it shall be understood that the above privilege is renounced. The forfeiture of the concession implies the loss of the deposit.

SEC. 33. Once that the declaration of forfeiture of the concession is signed all works which shall have been completed shall be put up to public auction and the concession shall be adjudicated.to the highest bidder who shall pay to the original grantee the amount obtained in such auction for said works, deducting costs and expenses which the same may occasion. The basis of the auction shall be the estimated value of the technical study for the work executed, the lands bought, works completed, the existing plant and material for the execution of the works and the working of the line. The valuation shall be made by two experts, one to be named by the Government and the other by the grantee company, and a third who shall be named by common consent in case of disagreement. This Act shall be subject to all the

requirements and limitations of Act Numbered Ninety-eight and the amendments thereto heretofore or hereafter made. A failure to comply with the provisions of this Act or the orders of the proper authorities shall be punishable as provided for the violation of Act Numbered Ninety-eight, in any court of competent jurisdiction.

SEC. 34. Nothing herein contained shall be used to prejudice the Insular Government or the Government of the United States in the issues pending between the Manila Railway Company, Limited, and the United States or the Insular Government as to claims for damages or the forfeiture of the right to present such claims by the Manila Railway Company, Limited.

SEC. 35. The granting of this charter shall be subject in all respects to the limitations upon corporations and the granting of franchises contained in the Act of Congress approved July first, nineteen hundred and two, entitled "An Act temporarily to provide for the administration of affairs of civil government in the Philippine Islands, and for other purposes."

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SEC. 36. The Manila Railway Company, Limited, shall pay into the Treasury of the Insular Government as compensation for the granting of this franchise, one and one-half per cent upon the gross income received by it from the passenger and freight traffic upon said branch railway from Manila to Antipolo. Where receipts either from freight traffic or passenger traffic shall include transportation over part of the main line and the branch herein authorized, the receipts for traffic on the branch line shall be determined in proportion to the mileage. Said percentage of gross receipts shall be due and payable by the Manila Railway Company, Limited, monthly, and shall be in lieu of all taxes upon the privileges, earnings, income, and franchises of said railway company, from other tax upon and assessment upon which, said railway company is hereby expressly exempted for twenty years from the passage of this Act.

SEC. 37. The Manila Railway Company, Limited, shall keep a record of all its receipts for the carriage of freight and passengers over the line herein authorized, which shall be subject to the inspection of the authorities of the Insular Govenment, who shall audit and approve the accounts of the company at the end of each month before the payment of the percentage tax. The accounts when audited and approved as herein provided shall be conclusive evidence of the liability of the company under the provisions of section thirty-six.

SEC. 38. 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. 39. This act shall take effect on its passage, but the grant of the franchise shall not become operative unless the grantee company shall, within sixty days after the passage hereof, file with the Civil Governor its acceptance of the franchise and its agreement to comply with the terms of this act.

Enacted, March 27, 1903.

[No. 704.]

AN ACT amending Act Numbered Five hundred and fifty-four conferring a franchise upon the Manila Railway Company, Limited, to construct a branch_railroad from Guiguinto to Cabanatuan, by requiring the company to pay one and one-half per cent of its gross earnings to the Insular Government.

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

SECTION 1. Act Numbered Five hundred and fifty-four, entitled "An Act conferring a franchise upon the Manila Railway Company, limited, to construct and operate a railroad from Guiguinto, on the present line of the Manila and Dagupan Railroad, to Cabanatuan, in the Province of Nueva Ecija, an estimated distance of seventy-one kilometers," is hereby amended by adding thereto the following sections:

"SEC. 37. The Manila Railway Company shall pay into the Treasury of the Insular Government as compensation for the granting of this franchise one and one-half per cent upon its gross income received by it from the passenger and freight traffic upon said branch railway from Guiguinto to Cabanatuan. Where receipts either from freight traffic or passenger traffic shall include transportation over part of the main line and the branch herein authorized, the receipts for traffic on the branch line shall be determined in proportion to the mileage. Said percentage of gross receipts shall be due and payable by the Manila Railway Company monthly, and shall be in lieu of all taxes upon the privileges, earnings, income, and franchises of said railroad company, from other tax and assessment upon which said railway company is hereby expressly exempted for twenty years from the passage of this Act.

"SEC. 38. The Manila Railway Company, Limited, shall keep a record of all of its receipts for the carriage of freight and passengers over the line herein authorized, which shall be subject to the inspection of the authorities of the Insular Government, who shall audit and approve the accounts of the company at the end of each month before the payment of the percentage tax. The amounts when audited and approved as herein provided shall be conclusive evidence of the liability of the company under the provisions of section thirty-seven."

SEC. 2. The Manila Railway Company, Limited, within sixty days after the passage hereof, shall file with the Civil Governor its acceptance of this amendment of the franchise and its agreement to comply herewith.

SEC. 3. 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. 4. This act shall take effect on its passage.

Enacted, March 27, 1903.

[No. 705.]

AN ACT amending Act Numbered Five hundred and fifty-five conferring a franchise upon the Manila Railway Company, Limited, to construct two branch roads, one connecting Mabalacat with the main line and one connecting Bayambang with the main line, by requiring the company to pay one and one-half per cent of its gross earnings to the Insular Government.

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

SECTION 1. Act Numbered Five hundred and fifty-five, entitled "An Act to authorize the construction by the Manila Railway Company, Limited, owning and operating the Manila and Dagupan Railway, of two branches, one connecting Mabalacat with the main line and one connecting Bayambang with the main line," is hereby amended by adding thereto the following sections:

"SEC. 5. The Manila Railway Company shall pay into the Treasury of the Insular Government as compensation for the granting of this franchise one and one-half per cent upon its gross income received by it from the passenger and freight traffic upon said branch railways, one connecting Mabalacat with the main line and one connecting Bayambang with the main line. Where receipts either from freight traffic or passenger traffic shall include transportation over part of the main line and either or both of the branches herein authorized, the receipts for traffic on the branch lines shall be determined in proportion to the mileage. Said percentage of gross receipts shall be due and payable by the Manila Railway Company, Limited, monthly and shall be in lieu of all taxes upon the privileges, earnings, income, and franchises of said railroad company, from other tax and assessment upon which, said railway company is hereby expressly exempted for twenty years from the passage of this Act.

"SEC. 6. The Manila Railway Company, Limited, shall keep a record of all its receipts for the carriage of freight and passengers over the lines herein authorized, which shall be subject to the inspection of the authorities of the Insular Government, who shall audit and approve the accounts of the company at the end of each month before the payment of the percentage tax. The amounts when audited and approved as herein provided shall be conclusive evidence of the liability of the company under the provisions of section five."

SEC. 2. The Manila Railway Company, Limited, within sixty days after the passage hereof, shall file with the Civil Governor its acceptance of this amendment of the franchise and its agreement to comply herewith.

SEC. 3. 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. 4. This act shall take effect on its passage.
Enacted, March 27, 1903.

[No. 706.]

AN ACT providing for commutation of quarters for officers of the Philippines Constabulary and telegraphic inspectors assigned to duty in the city of Manila, when quarters in kind are not furnished to them.

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

SECTION 1. Officers of the Philippines Constabulary and inspectors of Philippines Constabulary in the telegraphic division, assigned to duty in the city of Manila, when not furnished quarters in kind, shall hereafter be entitled to commutation of quarters at the rate of fifteen dollars, United States currency, per month, during the period in which they may be so assigned: Provided, however, That the benefits of this section shall not accrue to officers of the Philippines Constabulary detailed from the Army of the United States.

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 be effective as of January first, nineteen hundred and three, and shall make valid all commutations of quarters made within its provisions since that date.

Enacted, March 28, 1903.

[No. 707.]

AN ACT consolidating the municipalities of Cavite, San Roque, and La Caridad, in the Province of Cavite, into one municipality under the name of Cavite.

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

SECTION 1. The three municipalities of Cavite, San Roque, and La Caridad, in the Province of Cavite, shall be consolidated into one municipality under the name of Cavite, in accordance with the provisions of this Act, and the seat of the municipal government shall be in the present municipality of Cavite.

SEC. 2. The provincial governor of Cavite shall direct the holding of a municipal election in the new municipality under the provisions of sections ninety-one, ninety-two, ninety-three, and ninety-four of the Municipal Code on the fifth day of May, nineteen hundred and three. When the new municipal officials shall have been elected, and shall have qualified, the present organization of each of the municipalities mentioned in section one of this Act shall be thereby abolished, and all offices held by virtue of said organization shall be vacant and abolished, so that all the present municipal officials shall cease to hold office so soon as the new officials shall have taken the oath of office. Until the officials elected for the new municipality shall have qualified the present organizations of the three municipalities above named shall continue.

SEC. 3. 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

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