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or proper head of Department may direct that absence during the period of disability caused by such wound or injury shall be on full pay for a period not exceeding six months: Provided, That if the officer or employee is entitled to the vacation leave provided in section twenty-four of this Act, absence for this reason shall be charged first against such vacation leave: And provided further, That the Governor-General or proper head of Department may, in his discretion, authorize payment of medical attendance, necessary transportation, and hospital fees for officers and employees so wounded or injured: And provided further, That payments made under this paragraph shall not be made from the appropriation for general purposes when the Bureau or Office concerned has an available appropriation for contingent expenses or public works, as the case may be, from which such payments can be made, nor shall the provisions of this section be construed to cover sickness as distinguished from physical wounds.

SEC. 26. If a regularly appointed officer or employee in the Philippine civil service who has rendered faithful and satisfactory service shall die while in the service, the unused accrued leave that might have been granted at the time of death shall be determined, and the salary equivalent of the accrued leave shall be paid to the person or persons entitled to receive his estate.

SEC. 27. The Governor-General or proper head of Department may, in his discretion, commute accrued leave of absence granted to persons entitled thereto and vacation granted to teachers, and authorize the payment of the amounts so granted to teachers and authorize the payment of the amounts so granted in a gross sum from the appropriation from which their salaries should properly be paid: Provided, That whenever upon the resignation or death of an officer or employee it is in the interests of the public service that the position occupied by him be immediately filled, the Governor-General or proper head of Department may direct that the leave granted him be commuted from any unexpended available funds appropriated for salaries and wages in the Bureau, Office, or province from which separated: And provided further, That except on retirement from the service, leave of absence shall not be commuted to any officer or employee who remains in the Islands during the period of his leave: And provided further, That no officer or employee whose leave of absence has been commuted shall be permitted to return to duty before the expiration of the period covered by such leave until he has refunded to the proper disbursing officer the money value of the unused portion of the leave of absence commuted: And provided further, That in the case of an officer or employee separated from the service through lack of work or the abolition of his position, the Governor-General or proper head of Department may, in his discretion, allow the reinstatement of such officer or employee without requiring the refund of the money value of the unused portion of the leave of absence hereinbefore mentioned.

SEC. 28. All applications for accrued leave of absence shall be made on a form prescribed by the Director of Civil Service, and shall be first acted upon by the chief of the Bureau or Office, and by him submitted to the Director of Civil Service for recommendation. The application shall then be forwarded to the head of the Department in which the applicant is employed for his final decision, except in

respect to those Bureaus or Offices not under any Department, in which case it shall be forwarded to the Governor-General for his final decision: Provided, however, That the Governor-General or proper head of Department may authorize the Director of Civil Service to grant accrued or vacation leave of absence in all cases in which he approves the recomendations of the chief of the Bureau or Office in regard to such leave.

SEC. 29. The appointment of all persons residing in the United States to the Philippine Civil Service, whether by transfer from the United States civil service or otherwise, shall be subject to the following conditions:

(a) A person residing in the United States who is appointed to the Philippine civil service may pay his traveling expenses from the place of his residence in the United States to Manila: Provided, That if any part of his traveling expenses is borne by the Government of the Philippine Islands, ten per centum of his monthly salary shall be retained until the amount retained is equal to the amount borne by the Government: And provided further, That if he shall come by the route and steamer directed his actual and necessary traveling expenses shall be refunded to him at the expiration of two years' satisfactory service in the Philippines.

(b) He shall be allowed half salary from the date of embarkation and full salary from the date of his arrival in the Islands: Provided, That he proceed directly to the Islands; otherwise he shall be allowed half salary for such time only as is ordinarily required to perform the journey by the route directed: And provided further, That such half salary shall not be paid until after the expiration of two years of satisfactory service in the Philippines.

(c) A person residing in the United States accepting an appointment to a position in the civil service of the Government of the Philippine Islands, under the conditions named in this Act, shall, before receiving such appointment, execute a contract and deliver it to the Chief of the Bureau of Insular Affairs, War Department, wherein the appointee shall stipulate that he will remain in the service of the Government of the Philippine Islands for at least two years unless released by the Governor-General or proper head of DepartA breach of the conditions provided in the contract or a removal for cause shall require the proper officer to withhold payment of all salary and traveling expenses due to the person employed and who has violated the conditions of his contract or been removed for cause, and shall debar such person from ever entering again the public service of the Philippine Government in any of its branches. În such case an action shall lie for the recovery of the amount expended by the Government in bringing the employee to the Philippine Islands.

(d) Irrespective of leave granted, a regularly appointed officer or employee who has rendered continuous, faithful, and satisfactory service for three years or more after arrival in the Philippine Islands, shall, upon his retirement from the service, be allowed half salary for thirty days in addition to full salary for the period which may be granted him as leave of absence under the provisions of this Act; and if appointed prior to January twelfth, nineteen hundred and four, he shall also be furnished transportation from Manila to San Fran

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cisco, or transportation of equal cost to the Government by any other route: Provided, That such transportation must be used within six months after retirement from the service.

SEC. 30. The provisions of this Act shall not apply to judges of the Supreme Court, the Courts of First Instance, or the Court of Land Registration, but their leaves of absence and traveling expenses shall be governed by existing law or such law as may be hereafter enacted. SEC. 31. All special contracts made with appointees of the Philippine civil service prior to the passage of this Act shall remain unaffected by the terms and provisions of this Act.

SEC. 32. Act Numbered Five as amended by Act Numbered Fortyseven, section two of Act Numbered Seventy-eight, sections three and four of Act Numbered One hundred and sixty-seven as amended by sections one and two of Act Numbered Three hundred and six, Act Numbered One hundred and sixty-eight, Act Numbered Two hundred and twenty, Act Numbered Three hundred and six, Act Numbered Five hundred and eighty-nine, and Act Numbered One thousand and seventy-two; Act Numbered Twenty-five as amended by Act Numbered Three hundred and one, Act Numbered Three hundred and twenty-nine, Act Numbered Five hundred and eighty-eight, and Act Numbered One thousand and ninety-six; sections one and nineteen of Act Numbered One hundred and two; Act Numbered Three hundred and ninety-two; Act Numbered Four hundred and eight as amended by Act Numbered Eleven hundred and ninety-seven; Act Numbered Six hundred and twenty-six; Act Numbered One thousand and forty as amended by Act Numbered Twelve hundred and seventy-six; Act Numbered Sixteen hundred and seven; Act Numbered Sixteen hundred and seventy-four; sections three, four, five, and six of Act Numbered Sixteen hundred and seventy-nine; and all other Acts or parts of Acts inconsistent with this Act, are hereby repealed: Provided, That nothing in this section shall be deemed to revive Act Numbered Eighty or any other Act repealed by any of the Acts herein mentioned.

SEC. 33. 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. 34. This Act shall take effect on August thirty-first, nineteen hundred and seven, and shall be known as the Revised Civil Service Act.

Enacted, August 26, 1907.

[No. 1699.]

AN ACT Providing that the provincial fiscals and the attorney for the Moro Province shall perform the duties of the register of deeds in their respective provinces, abolishing the position of examiner of titles, and amending Acts Numbered Eighty-three, Four hundred and ninety-six, Seven hundred and eighty-seven, and Nine hundred and twenty-six, as amended.

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

SECTION 1. Section eleven of Act Numbered Eighty-three, entitled "A general Act for the organization of provincial governments in

the Philippine Islands," as amended by section one of Act Numbered Two hundred and twenty-three and section one of Act Numbered Fourteen hundred and forty-three, is hereby amended so as to read as follows:

"SEC. 11. The provincial fiscal shall be the attorney and legal adviser of the provincial government and of each of its officers, when called upon, and they may require from him written opinions. He shall represent the provincial government in all suits brought on its behalf or against it in the courts of the province or in the courts of any other province. He shall be the legal adviser of the council and president of each municipality of the province, and shall upon the request of any president or council submit in writing his views upon any question properly arising in the discharge of their public duties. He shall in the courts of the province represent the public in all criminal cases and perform such duties with reference to the institution of all criminal prosecutions as the Code of Criminal Procedure shall require. In cases where the interests of any municipality and of the provincial government are opposed, he shall act on behalf of the provincial government, and the municipality shall be obliged to employ special counsel.

"He shall also represent each municipality of his province or provinces in all litigation pending for or against such municipality in any court, except in cases where the interests of the municipality and of the provincial government are opposed, in cases where two municipalities are adverse parties to the same litigation, and in cases arising under Act Numbered Thirteen hundred and seventy-six, in all of which cases the municipalities shall be obliged to employ special counsel.

"He shall also perform the duties of the register of deeds.

"The Attorney-General shall represent the provincial government, except as hereinafter provided, in all suits for or against it which shall come into the Supreme Court; but if he deems it necessary he may authorize the provincial fiscal to assist him in the hearing of the cause before the Supreme Court. In suits by the government of one province against the government of another the AttorneyGeneral shall take no part, and the provinces engaged in the litigation shall be represented in the Supreme Court by their respective provincial fiscals. When any criminal case is appealed to the Supreme Court the provincial fiscal shall forthwith make a report to the Attorney-General, explaining the question of law and fact appearing therein and the conclusions of the court; and if the Attorney-General directs, the provincial fiscal shall appear in such criminal cases in the Supreme Court on appeal. The Attorney-General shall have general supervision of all provincial fiscals, shall prepare rules for their guidance, may require reports from them as to the condition of public business in the courts of their respective provinces, and shall make an annual report through the Governor-General to the Commission of the conditions of the public business in litigation throughout the Islands.

Whenever the provincial fiscal is absent from the province, or fails or refuses to discharge his duty by reason of illness or other cause, or by reason of personal interest in a prosecution or other matter is disqualified to act therein as provincial fiscal, the judge of the Court of First Instance for the province is authorized and required

to appoint a temporary fiscal, who shall be paid out of the provincial treasury the same compensation per day as that provided by law for the regular provincial fiscal for the days actually employed. The fiscal thus temporarily appointed shall discharge all the duties of the provincial fiscal as provided by law which the regular provincial fiscal fails or is unable to perform. The provincial fiscal of any province may, by authority of the provincial board, have a deputy fiscal, and a clerk or clerks, to be appointed by the provincial fiscal, at such salaries, out of the provincial treasury, as may be allowed, with the concurrence of the Insular Treasurer: Provided, That after the first of March, nineteen hundred and two, such clerk or clerks shall be selected in accordance with the rules and restrictions of the Civil Service Act."

SEC. 2. Section nine of Act Numbered Seven hundred and eightyseven, entitled "An Act providing for the organization and government of the Moro Province," is hereby amended so as to read as follows:

"SEC. 9. The provincial attorney shall be the attorney and legal adviser of the provincial government and of each of its officers and of the legislative council hereinafter constituted and shall, when called upon by the council or by any officer, furnish a written opinion on questions of law arising in the administration of the government. He shall represent the provincial government in all suits brought on its behalf or against it in the courts of the province or in the courts of any province or district. He shall be the legal adviser of the municipal authorities of any municipality organized in the province and shall, upon request, submit in writing his views upon any question properly arising in the discharge of the public duties of such officers or authorities. He shall exercise supervisory control in the courts in the province over the district fiscals for whose appointment. and salaries the legislative council may have provided. The provincial attorney shall, when the public interest requires it, appear to take charge of prosecutions for the government in any court within the province. In cases where the interests of any municipality and of the province are distinct or opposed he shall act on behalf of the provincial government and the municipality shall be obliged to employ special counsel. The provincial attorney shall discharge his duties under the general supervision of the Attorney-General of the Insular Government, and the Attorney-General shall represent the provincial government in all suits for or against it which shall come before the Supreme Court, but if the Attorney-General deems it necessary he may require the provincial attorney to assist in the presentation of the cause before the Supreme Court. In every criminal case appealed to the Supreme Court from the Court of First Instance held in the province the provincial attorney shall forthwith make a report to the Attorney-General, explaining the questions of law and fact appearing therein and the conclusions of the court. The provincial attorney shall make an annual report to the Attorney-General of the Philippine Islands as to the conditions of public and private litigation in the courts throughout the province, and shall discharge such other duties as may be required by the legislative council.

"He shall also perform the duties of the register of deeds."

SEC. 3. Section four of Act Numbered Four hundred and ninetysix, entitled "An Act to provide for the adjudication and registra

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