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dred and ninety-three, subject to the conditions and restrictions set forth in said section eighteen of said Act, as amended by Act Numbered Sixteen hundred and twenty.

SEC. 5. The " Pension and retirement fund of the Philippines Constabulary" shall be kept as a separate trust fund by the Insular Treasurer and shall be used for no other purposes than those expressly provided for in this Act and in Act Numbered Six hundred and nineteen: Provided, That said fund shall be audited by the Insular Auditor.

SEC. 6. 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. 7. This Act shall take effect on July first, nineteen hundred and seven.

Enacted, April 30, 1907.

[No. 1639.]

AN ACT To prohibit the sale, gift, or other disposal of any intoxicating liquor, other than the so-called native wines and liquors, to any member of a nonChristian tribe within the meaning of Act Numbered Thirteen hundred and ninety-seven, and to prohibit the use of such liquor by any member of such a tribe.

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

SECTION 1. The sale, gift, or other disposal to any native of the Philippine Islands who is a member of a non-Christian tribe within the meaning of Act Numbered Thirteen hundred and ninety-seven, of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, other than the so-called native wines and liquors which the members of such tribes have been accustomed themselves to make prior to the passage of this Act, is hereby prohibited and declared to be unlawful: Provided, however, That it shall be lawful to administer ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to a member of a non-Christian tribe upon a physician's prescription therefor as a remedy for bona fide illness or physical injury, or to so administer it without such prescription in a genuine emergency arising from dangerous illness or physical injury.

SEC. 2. It shall be unlawful for any native of the Philippine Islands who is a member of a non-Christian tribe within the meaning of Act Numbered Thirteen hundred and ninety-seven to buy, receive, have in his possession, or drink any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, other than the so-called native wines and liquors which the members of such tribes have been accustomed themselves to make prior to the passage of this Act, except as provided in section one hereof; and it shall be the duty of any police officer or other duly authorized agent of the Insular, or any provincial, municipal, or township government, to seize and forthwith

11027-WAR 1907-VOL 10-10

destroy any such liquors found unlawfully in the possession of any member of a non-Christian tribe.

SEC. 3. Any person violating the provisions of section one or section two of this Act shall, upon conviction thereof, be punishable for each offense by a fine of not exceeding two hundred pesos, or by imprisonment for a term not exceeding six months, in the discretion of the

court.

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 twenty-sixth, nineteen hundred.

SEC. 5. This Act shall take effect on its
Enacted, May 1, 1907.

[No. 1640.]

passage.

AN ACT Authorizing the Postal Savings Bank Investment Board to make loans from funds available for investment to provinces of the Philippine Islands, under guarantee of the Insular Government.

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

SECTION 1. The Postal Savings Bank Investment Board created by section eighteen of Act Numbered Fourteen hundred and ninetythree, entitled "An Act to encourage economy and saving among the people of the Philippine Islands, and to that end to provide for the establishment of postal savings banks and their administration through the organization of a postal savings bank division in the Bureau of Posts, and for other purposes," is hereby authorized to make loans from the funds under its control available for investment to provinces of the Philippine Islands, under guaranty of the Insular Government first had that the loan and interest thereon will be paid. SEC. 2. Before making any such loan the Postal Savings Bank Investment Board shall require a resolution of the provincial board of the province to which the loan is to be made, requesting the loan, stating that the same will be used solely for certain public improvements specified therein, agreeing to repay the amount loaned within a certain period with interest at a rate to be stated in said resolution, and requesting the Insular Government to guarantee the repayment in full of said loan and interest. Said resolution shall further provide that the Insular Government may, from time to time, in consideration of its guaranty, deduct from any funds in the Insular Treasury belonging to the province sufficient sums to pay the interest and principal as the same may become due.

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 twentysixth, nineteen hundred.

SEC. 4. This Act shall take effect on its passage.
Enacted, May 3, 1907.

[No. 1641.]

AN ACT Granting to the city of Manila the right to institute condemnation proceedings for the expropriation of land in the Province of Rizal necessary for the main for the new water system for the city of Manila.

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

SECTION. 1. The city of Manila is hereby authorized to institute, through its proper officers, in the Court of First Instance of the Province of Rizal in the Philippine Islands, condemnation proceedings for the expropriation of such land in the Province of Rizal as may be necessary for the main for the new water system for the city of Manila.

SEC. 2. Whenever the city of Manila has not obtained, by agreement with the owners thereof, the lands in the Province of Rizal necessary for the main for the new water system, it may in its complaint, which in each case shall be instituted in the Court of First Instance of the Province of Rizal, where the land is situated, join as defendants all persons owning or claiming to own or occupy any of the land sought to be condemned or any interest therein, showing, so far as practicable, the interest of each defendant and stating with certainty the right of condemnation and describing the property sought to be condemned. Process requiring the defendants to appear and answer to said complaint shall be served upon all occupants of the land sought to be condemned and upon the owners and all persons claiming interest therein, so far as known. If the title to any lands sought to be condemned appears to be in the Insular Government, though the lands are occupied by private individuals, or if it is uncertain whether the title is in the Insular Government or in private individuals or if the title is otherwise so obscure or doubtful that the city of Manila can not with accuracy or certainty specify who are the real owners, averment may be made by the city of Manila in its complaint to that effect. Process shall be served upon residents and nonresidents in the same manner as provided in Act Numbered One hundred and ninety, and the rights of minors and persons of unsound mind shall be safeguarded in the manner in such cases provided in said Act. The court may order additional and special notice in any case where such additional and special notice is in its opinion required.

SEC. 3. In case it shall appear from the pleadings or from the report of the commissioners or the court shall otherwise be satisfied of the fact that the true ownership of the lands sought to be condemned is uncertain and that there are conflicting claims and diverse interests in any of said parcels of land, the court, if satisfied that the real owners of the land have been notified and are before the court, shall, upon rendering judgment for condemnation and for payment of the sum or sums fixed by the court as just compensation for the land taken, order such sum or sums to be paid to the clerk of the court for the benefit of the persons who shall ultimately be adjudged entitled thereto. The sum or sums so awarded shall be governed by the rules laid down in section two hundred and fortyfour of Act Numbered One hundred and ninety. When condemnation procedings are brought by the city of Manila as herein provided,

the said city of Manila shall have the right to enter immediately upon the possession of the land involved, after and upon deposit by it with the clerk of the Court of First Instance in which such action is pending, the value of the land in money as provisionally and promptly ascertained and fixed by the court having jurisdiction of the proceedings, said sum to be held by the clerk of the court subject to the orders and final disposition of the court; and the court is empowered and directed by appropriate order and writ, if necessary, to place the city of Manila in possession of the land upon the making of such deposit. In case such payment is made into court the clerk of the court shall be responsible upon his bond for the sum so paid and shall be compelled to receive it.

SEC. 4. The effects of a bill of exceptions in such case, the provisions as to the cost, as to the fees of the commission, as to final judgment and its record and effect, as to the powers of a guardian, and as to persons not notified of the condemnation proceedings, shall be such as are defined in sections two hundred and forty-eight to two hundred and fifty-three, inclusive, of Act Numbered One hundred and ninety. SEC. 5. Any party claiming an interest in money paid into court or deposited with the clerk of the Court of First Instance in accordance with the provisions of section three hereof, may litigate in court his claim thereto, and the court shall apportion the sum so paid in among the various claimants thereto as justice shall require and shall award such costs as to it may seem equitable. But the plaintiff in the condemnation proceedings shall not be a necessary party to the proceedings for the distribution of the sum or sums paid into court, nor be answerable for any cause arising from such litigation.

SEC. 6. The court in its order of appointment may direct the commissioners to report when any particular portion of the lands shall have been passed upon by the commissioners and may render judgment upon such partial report and direct the commissioners to proceed with their work as to subsequent portions of the land sought to be condemned and may from time to time so deal with the lands sought to be condemned.

SEC. 7. The proper judge of the Court of First Instance may act upon complaints for condemnation of lands under this Act in vacation time as well as in term time and may make appointments of commissioners, orders upon the reports of commissioners, and judg ments of condemnation for the award and apportioning of damages at any time when it is convenient so to do, upon due notice to the parties in interest, and may make any orders to expedite procedings in the same manner and to the same effect as though made in regular term time and in court. It shall be the duty of the court or judge to expedite these proceedings as much as the interest of justice will warrant.

SEC. 8. No judgments entered in pursuance of this Act apportioning damages among rival claimants shall be conclusive as to the real ownership of the land affected thereby in proceedings of the Court of Land Registration for the purpose of obtaining a certificate of title.

SEC. 9. 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. 10. This Act shall take effect on its passage.

Enacted, May 6, 1907.

[No. 1642.]

AN ACT Providing for the establishment of two subprovinces to be known as the subprovince of Kalinga and the subprovince of Apayao.

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

SECTION 1. There is hereby established a subprovince which shall be known as the subprovince of Kalinga. The boundary of this subprovince shall be a line beginning at a point in the hills immediately west of the municipality of Malaueg, in the Province of Cagayan, and extending to the hills immediately west of the municipality of Santa Maria, in the Province of Isabela, between the settlements of Christian natives and of non-Christian tribes; thence in a southerly direction, between the settlements of Christians and of non-Christians, to the Kalinga settlement of Sili; thence west to the boundary of Nueva Vizcaya; thence along the present line of the northeastern boundary of Nueva Vizcaya to its intersection with the boundary line of the subprovince of Bontoc; thence along the present eastern line of the subprovince of Bontoc to the vicinity of the rancheria of Gaan; thence due west to the crest of the watershed between the Talodan and Chico Rivers; thence north along the watershed between these rivers so as to include the Talodan River valley, passing between the settlements of Tanglac and Capigon; thence west along the watershed between the Tabia and Saltan Rivers to the eastern boundary of the subprovince of Abra, so as to include the settlements of the Saltan River valley; thence north along the eastern line of the present boundary of the subprovince of Abra to the vicinity of Dagara and the settlements of the southern branch of the Abulug River; and thence eastward to its point of origin in the hills immediately to the west of Malaueg; the general purpose in fixing this boundary being to include within it all settlements of the Kalinga tribe west of the Rio Grande de Cagayan, together with all settlements of non-Christians in the Saltan River Valley. Prior to the actual survey of a definite boundary line for this subprovince, parts of the line may be more definitely fixed or changed by order of the Governor-General. The territory of the subprovince of Kalinga shall be a part of the Province of Lepanto-Bontoc.

SEC. 2. There shall be a lieutenant-governor of the subprovince of Kalinga, who shall receive compensation at the rate of three thousand two hundred pesos per annum. Within the limits of his subprovince he shall exercise the powers and perform the duties fixed by Act Numbered Thirteen hundred and ninety-six for the lieutenant-governor of Bontoc. He shall reside and have his office at the capital of the subprovince.

SEC. 3. The settlement of Tabuc is hereby designated as the capital of the subprovince of Kalinga: Provided, That should experience demonstrate the desirability of making some other settlement the

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