SEC. 11. No Philippine coastwise vessel which shall fail to comply with any of the provisions of the three preceding sections of this Act shall be permitted to sail under the United States flag or to engaged in the Philippine coastwise trade, except upon payment of the additional tonnage taxes herein before prescribed. SEC. 12. All seagoing steam vessels engaged in Philippine coastwise trade shall employ and carry a licensed chief engineer, and all such steam vessels making night runs will employ and carry at least one licensed chief engineer and one licensed assistant engineer: Provided, however, That the Insular Collector of Customs may direct that more than two licensed engineers shall be employed and carried on any steamer when, in his opinion, the same are required. SEC. 13. All steam vessels engaged exclusively in bay, river, and harbor work shall only be required to carry a chief engineer possessing a second-class license. SEC. 14. Whenever the term "sailing vessel" is used in this Act, it shall be understood and held to apply to sailing vessels of one hundred and fifty tons or over; and whenever the term "steamer" is used, it shall be understood and held to apply to all vessels of one hundred tons or over propelled by steam alone or by steam and sail. SEC. 15. Before issuing a license to any applicant for the position of master or engineer, the Insular Collector of Customs shall receive from such applicant the sum of ten dollars in compensation for his examination and license, and for the same service shall demand and receive from every mate, patron, or assistant engineer the sum of five dollars, money of the United States. The sums thus collected shall be paid by the Insular Collector of Customs into the Insular Treasury. SEC. 16. Members of the Board created by this Act, unless they are in the service of the United States or of the Government of the Philippine Islands, shall be paid a per diem of five dollars, United States currency, during the period of time required in the examination of applicants. SEC. 17. The Board on Philippine Marine Examinations shall be convened in extra session on July first, nineteen hundred and three, for the examination of all applicants who may present themselves before that date. SEC. 18. Act Numbered Seventy-three of the Philippine Commission and all Acts amendatory thereof are hereby repealed. SEC. 19. 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. 20. This act shall take effect on its passage. [No. 781.] AN ACT amending Act Numbered One hundred and seventy-five, entitled “An Act providing for the organization of an Insular Constabulary and for the inspection of the municipal police," and Acts Numbered Six hundred and ten, Six hundred and eighteen, and Six hundred and nineteen amendatory thereof. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The Civil Governor, or the provincial governor with the approval of the Civil Governor, is hereby authorized, whenever in his judgment the public interest will be subserved thereby, to place the municipal police of the respective municipalities of any province under the control of the senior inspector of Constabulary on duty in the province at the time. The senior inspector in such case is hereby authorized and empowered, under the general supervision of the provincial governor, to control and direct the movements of the municipal police and, with the approval of the provincial governor, to discharge any member of the police force and substitute a fit and suitable resident of the municipality in his place. It shall be the duty of the senior inspector when thus placed in charge of the municipal police of a province to see that they are properly uniformed, drilled, and disciplined. When thus vested with authority over the municipal police he shall see that all lawful orders of the provincial governor, municipal president, and others in authority are executed as provided by the Municipal Code, and amendments thereof, and shall further see that all proper arrests are made for violations of law or municipal ordinances, and in case of emergencies is authorized, under the general supervision of the provincial governor, to unite the forces of the various municipalities of the province in suppressing ladronism or brigandage or other grave violations of the law which threaten the peace of the entirè community; and he may also unite the Constabulary forces under his command with the municipal forces in the execution of his authority for this purpose. SEC. 2. It is hereby made the duty of the provincial board of each and every province to prescribe a suitable uniform for the municipal police of each and every municipality, with a proper insignia to indicate the municipality to which the police belong. Authority is also hereby given the provincial board of each province to fix the number of police which is required to be maintained by each and every municipality of the province. In the event that the provincial board shall find that any municipality is unable properly to uniform and maintain the number of policemen fixed by the provincial board, the latter is authorized to vote necessary aid for the maintenance of such police out of provincial funds. In the event the provincial board should not have provincial funds adequate for this purpose it may apply to the Commission for aid in this behalf. SEC. 3. Whenever the Chief of Philippines Constabulary shall report to the Civil Governor that in any province the efficiency of the Constabulary of the province is being interfered with by frivolous arrests and unfounded prosecutions leading to the imprisonment of members of the Constabulary and their unnecessary detention from duty, it shall be in the power of the Civil Governor, if he finds the report to be well founded, by executive order to make the following section numbered four applicable to the method of arrests in such province instead of the ordinary method of arrests now in force. But until the Civil Governor shall issue such executive order, the section following shall have no force and effect and it shall cease to have effect as may be provided in said order. SEC. 4. When in respect to any province the Civil Governor shall issue the executive order described in the next preceding section, and any officer or member of the Philippines Constabulary shall in such province be charged with the violation of any criminal law or ordinance and a warrant is issued for the arrest of the alleged offender, such warrant shall be placed in the hands of a Constabulary officer on duty in the province for execution; and it shall be the duty of said officer to arrest such person and bring him before the justice of the peace, or officer issuing such warrant, to be dealt with as the law directs. No officer or member of the police of a municipality in such province shall have authority to arrest an officer or member of the Constabulary upon any criminal charge, save for a criminal offense committed in his presence, and when such offense is committed in his presence it shall be the duty of the municipal officer making the arrest to deliver the prisoner to the nearest Constabulary officer on duty in the province with a statement of the cause of the arrest of the offender and the names of the witnesses to the offense; and it shall be the duty of the Constabulary officer receiving the prisoner, as soon as practicable, to bring him before a justice of the peace, or the Court of First Instance of the province, to be dealt with as the law directs. In case the justice of the peace shall bind over any officer or member of the Constabulary to answer a criminal charge and the defendant fails to give bail, when the offense is bailable, the defendant shall be delivered to the custody of the senior inspector of Constabulary on duty in the province for safe-keeping; and it shall be the duty of the inspector to safely guard and keep the prisoner and produce him before the Court of First Instance, as required by law, to be dealt with as the law directs; and such prisoner shall be committed to the provincial jail by the inspector, if necessary for safe custody. SEC. 5. It shall be the duty of all municipal officers, as soon as practicable, to give notice to the provincial governor, or inspector of Constabulary in the province, of the presence of any bands of ladrones or brigands or other persons threatening the peace of the community within their jurisdiction, or any act of robbery or theft by such bands, when the offenders are at large; and any violation of the provisions of this section shall be punished by a fine not exceeding one thousand dollars and imprisonment not exceeding two years. SEC. 6. In provinces which are infested to such an extent with ladrones or outlaws that the lives and property of residents in the outlying barrios are rendered wholly insecure by continued predatory raids and such outlying barrios thus furnish to the ladrones or outlaws their sources of food supply, and it is not possible with the available police forces constantly to provide protection to such barrios, it shall be within the power of the Civil Governor, upon resolution of the Philippine Commission, to authorize the provincial governor to order that the residents of such outlying barrios be temporarily brought within stated proximity to the población or larger barrios of the municipality, there to remain until the necessity for such order ceases to exist, and during such temporary residence it shall be the duty of the provincial board, out of provincial funds, to furnish such sustenance and shelter as may be needed to prevent suffering among the residents of the barrios thus withdrawn, and in case the provincial funds are not adequate for such purpose, application may be made to the Commission for an appropriation to meet the exigency. SEC. 7. Act Numbered Six hundred and eighteen is hereby amended by inserting immediately after section one the following: "SEC. 2. The pay of an assistant chief and lieutenant-colonel, not an Army officer, shall be not less than two thousand seven hundred and fifty dollars and not exceeding three thousand five hundred dollars per annum, the amount to be fixed, within the limitations above mentioned, by the Civil Governor. The grade of major and senior inspector is hereby created, at a salary of two thousand dollars per annum. The Chief of Philippines Constabulary is hereby authorized and empowered to select from the most meritorious of the captains and senior inspectors of Constabulary not exceeding four in number officers of this grade. The Chief of Philippines Constabulary is further authorized and empowered to increase the pay of ten of the most meritorious and deserving captains and senior inspectors of Constabulary from the amount now fixed by law to a sum not exceeding one thousand eight hundred dollars per annum, and he is further authorized to increase the pay of a like number of first lieutenants and inspectors of Constabulary to an amount not exceeding one thousand two hundred dollars per annum: Provided, however, That the total number of Constabulary officers as now provided by law shall not be increased." Said Act is further amended by changing section two to be section three and section three to be section four. SEC. 8. 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. 9. This act shall take effect on its passage. [No. 782.] AN ACT to amend Act Numbered Seventy-eight, entitled "An Act declaring all persons in arms against the authority of the United States in the Philippine Islands, and all persons aiding or abetting them, on the first day of April, nineteen hundred and one, or thereafter, ineligible to hold office," as amended. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Act Numbered Seventy-eight, entitled "An Act declaring all persons in arms against the authority of the United States in the Philippine Islands, and all persons aiding or abetting them, on the first day of April, nineteen hundred and one, or thereafter, ineligible to hold office," as amended by Act Numbered One hundred and six, is hereby further amended by providing that the same shall not apply to those persons who were in arms against the authority and sovereignty of the United States in the Philippine Islands, or their aiders or abettors, prior to July fourth, nineteen hundred and two, who came within the provisions of the proclamation of amnesty of the President of the United States issued upon said date, and who have complied with the terms of said proclamation. 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 twenty-sixth, nineteen hundred. SEC. 3. This act shall take effect on its passage. [No. 783.] AN ACT amending section sixteen of Act Numbered Eighty-three as amended by Act Numbered One hundred and thirty-three. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section sixteen of Act Numbered Eighty-three, as amended by Act Numbered One hundred and thirty-three, is hereby amended by substituting the following: "SEC. 16. The Insular Treasurer shall prescribe the method of keeping the ledgers and records of the provincial treasurers, and shall prepare such rules and regulations relative to the administration of the affairs of their offices as may be necessary. The necessary books and forms shall be furnished to the provincial governments by the Insular Treasurer at cost. "The Insular Auditor shall prescribe the manner in which the provincial treasurers shall render accounts submitted to him for settlement, as provided by rule twelve of Act Numbered Ninety, and issue instructions relative to the rendition of such accounts, as provided in rules twelve and forty-four of said Act. For assistance in the audit of the accounts of provincial treasurers, the Insular Treasurer shall forward to the Insular Auditor copies of all resolutions of provincial boards approved by the Insular Treasurer authorizing the appointment of assistants, deputies, and other employees, and fixing their salaries. "The books, accounts, papers, and cash of the provincial and municipal treasurers shall at all times be open to the inspection of the Insular Treasurer or his duly authorized agent. At least once in every six months the office of each provincial treasurer shall be examined by a traveling examiner of the Insular Treasurer. In case such an examination discloses a shortage in the cash which should be on hand, it shall be the duty of the examining officer to seize the office and its contents and notify the Insular Treasurer and the Insular Auditor forthwith. The Insular Treasurer or his deputy shall thereupon at once take full possession of the office, the books, papers, vouchers, and cash of such provincial treasurer, close and render his accounts to the date of taking possession, and temporarily continue the public business until action is taken in accordance with section nineteen of this Act as amended by Act Numbered Two hundred forty-five. Upon the seizure of the office, the sureties of the defaulting officer shall be at once notified by the Insular Treasurer. "The deputy of the Insular Treasurer placed in charge of the office of a provincial treasurer under the provisions of this section shall render to the Insular Auditor the accounts of such provincial treasurer, and in his name to the date of taking possession, if the same are delinquent, together with a copy of his report of the examination. Upon receipt of such accounts the Auditor shall examine and audit the same without delay. Upon the completion of such examination and audit, when a defalcation is shown and it is necessary to institute legal proceedings against the sureties of the defaulting officer, the Insular Auditor shall forward to the Attorney-General a statement of the account. Such proceedings shall be brought against the sureties, under the direction of the Attorney-General, and in such suit the account as stated by the Insular Auditor shall be prima facie evidence of the amount due on the bond. |