SEC. 5. All prisoners who are neither municipal nor provincial prisoners shall be considered Insular prisoners: Provided, however, That all persons sentenced for violation of the immigration or Chinese exclusion laws, the customs and navigation laws, or Act Numbered Fourteen hundred and eleven, prohibiting the exportation of silver coins from the Philippine Islands, whatever the sentence imposed, shall be considered to be Insular prisoners. SEC. 6. Except as otherwise provided in this Act, all Insular prisoners shall be maintained out of the appropriation for the Bureau of Prisons: Provided, however, That no prisoner at present under sentence in a provincial jail who has less than one year to serve, after deducting from his sentence all allowances which he may have earned for good conduct up to the date of this Act, shall be deemed to be an Insular prisoner. SEC. 7. Pending an appeal, the status of a prisoner shall not be changed, and whenever upon appeal to, or review by, a higher court, the status of a prisoner, as hereinbefore fixed, shall be changed by an increase or diminution of his sentence, the responsibility of the Insular Government or the provinces or municipalities, as the case may be, for the maintenance of such prisoner due to such change in sentence shall take effect from the date of judgment of the higher court and shall not be retroactive. SEC. 8. All actual and necessary expenses incurred in the transportation and guarding and subsistence of prisoners during transportation from municipal jails to provincial jails, except the expenses of Constabulary escorts, if any, shall be paid from the funds of the proper municipality. SEC. 9. All actual and necessary expenses incurred in the transportation and guarding and subsistence during transportation of Insular prisoners from provincial jails to an Insular prison, reformatory, or Insular penal institution, except the expenses of the Constabulary escort, if any there be, shall be borne by the proper province. The return transportation of all discharged Insular prisoners from their place of confinement to their homes shall be paid out of the appropriation for the Bureau of Prisons. SEC. 10. The Governor-General shall have the power and is hereby authorized to designate and establish Insular penal institutions or settlements. He may direct the transfer of Insular prisoners between Insular penal institutions, and the reasonable and actual expenses incurred in the transportation, guarding, and subsistence of such prisoners shall be paid out of the appropriation for the Bureau of Prisons: Provided, however, That when such prisoners are guarded by Constabulary escorts all expenses of such escorts shall be borne by the Bureau of Constabulary. SEC. 11. All finally convicted able-bodied male prisoners may be compelled to work in and about prisons, jails, public buildings, grounds, roads, and other public works of the Insular Government, the provinces, or the municipalities, under general regulations to be prescribed by the Director of Prisons, with the approval of the Secretary of Public Instruction: Provided, however, That this section shall not apply to persons over sixty years of age: And provided further, That all prisoners who continue in prison pending a determination of their appeals may be compelled to police their cells, and to perform such other labor as may be deemed necessary for hygienic or sanitary reasons: And provided further, That finally convicted female prisoners may be assigned to work suitable to their sex and physical condition. SEC. 12. The Governor-General may, from time to time, by executive order, detail finally convicted Insular prisoners to work in any part of the Islands upon any public work specified by him, and the Secretary of Public Instruction shall fix the terms and conditions upon which any branch of the Government may receive the labor of such Insular prisoners. SEC. 13. Provincial boards may, with the approval of the Governor-General, direct the confinement of municipal prisoners in provincial jails when by reason of the lack, inadequacy, or insecurity of municipal jails such action becomes necessary. The cost of maintenance of such prisoners while confined in the provincial jails shall be a charge against the municipality to which the prisoners pertain at a per capita rate per day, not exceeding twenty centavos, to be fixed by the provincial board. SEC. 14. Whenever, in the discretion of the Governor-General, the insanitary or insecure condition of any provincial or municipal jail makes it advisable, or whenever the public interests require, he may transfer to any Insular prison or penal institution all or any of the prisoners committed to such jail, and may also direct the return of said prisoners to provincial or municipal jails whenever it may be deemed expedient. Such order of transfer may include any prisoners now serving sentence in any provincial or municipal jail, or now awaiting preliminary examination or trial. The order of commitment of such prisoners, together with a copy of the order directing their transfer as hereinbefore provided, shall accompany the prisoners and be delivered with them to the officer in charge of the penal institution to which they are sent. SEC. 15. Proceedings to release on bail any prisoner awaiting trial who may have been transferred to any Insular prison or penal institution under the next preceding section shall be brought in the court before which said prisoner's case is pending, and in case bail is offered and accepted such prisoner shall be released on order of the court accepting and having jurisdiction to accept bail, and, if he so elects, shall be returned to the province from which he was transferred, at the cost of the Insular Government, payable out of the appropriation for the Bureau of Prisons. SEC. 16. The expenses of the transportation, guarding, subsistence, care, and maintenance of any prisoner transferred to any Insular prison or penal institution, or returned to any province for trial, under section fourteen of this Act, shall be a charge against the treasury of the province from which he was transferred, and the amount of said expenses shall be fixed by the Secretary of Public Instruction, with the approval of the Governor-General. SEC. 17. For the purposes of this Act the city of Manila shall be considered to be both a province and a municipality. SEC. 18. Nothing in this Act contained shall be so construed as to change the provisions of section ten of Act Numbered Four hundred and thirteen, permitting provinces having no jails to arrange for the detention of their provincial prisoners in the jails of other provinces and to defray the expense of the maintenance of such prisoners, or so as to change the provision of section eleven of said Act providing for the detention of fugitives from justice and their maintenance. SEC. 19. Nothing contained in Acts Numbered Fifteen hundred and twenty-four and Fifteen hundred and sixty-one, relating to the enforcement of conditional pardons and of paroles, and nothing contained in Act Numbered Fifteen hundred and thirty-three, relating to diminution of sentences for good behavior, shall be construed to change the original status of prisoners nor to transfer the responsibility for their maintenance as defined and fixed by this Act. SEC. 20. Subsection (c) of section twenty-five of Act Numbered Fourteen hundred and seven is hereby amended to read as follows: "(e) The actual cost of guarding, maintaining, and supervising prisoners confined in Bilibid Prison who are charges on the funds of the provinces or municipalities or of the city of Manila shall be calculated by taking the total current annual expense of Bilibid Prison, or of any other institution where they are confined, deducting therefrom the receipts accruing from manufactures made by them, and obtaining an average net cost per capita. "A separate set of books shall be kept for each penal institution, and each of the provinces and municipalities and the city of Manila shall pay for such of their prisoners as may be detained or confined in any Insular prison or penal institution according to the per capita fixed as above stated." SEC. 21. Section three of Act Numbered Fourteen hundred and thirty-eight is hereby amended so as to read as follows: "SEC. 3. Minor prisoners now confined in Bilibid Prison or in any provincial jail who, if males, were under the age of sixteen at the time of commitment, or, if females, under the age of eighteen. at the time of commitment, may be transferred by executive order of the Governor-General for the period of the unexpired portion of their sentences to any of the institutions mentioned in section one hereof: Provided, however, That the Governor-General prior to making transfer of any minor from Bilibid Prison or any provincial prison or jail to any such institution shall take into consideration the religion of the minor and that of his parents or next of kin and shall not transfer such minor without the approval of the parents or next of kin to any private institution not under the control and supervision of the religious sect or denomination to which such minor and his parents or next of kin belong: And provided further, That any minor transferred as prescribed in this section to any of the institutions mentioned in section one hereof may be retransferred by executive order of the Governor-General to the prison or jail from which he was transferred, there to be confined for the unexpired portion of his sentence. All reasonable and actual All reasonable and actual expenses incurred in the transportation, guarding, and subsistence of such minor prisoners shall be borne by the province in which said minor prisoners were sentenced, if they be provincial prisoners, or by the appropriation for the Bureau of Prisons, if they be Insular prisoners. SEC. 22. Section five of Act Numbered Fourteen hundred and thirty-eight is hereby amended so as to read as follows: "SEC. 5. Institutions to which minors are committed in accordance with this Act shall, subject to the approval of the Secretary of Public Instruction, adopt such rules and regulations as may be necessary for the safe custody, instruction, and educational training of the minors so committed, and, in so far as such minors are concerned, such institutions shall be under the supervision and control of the Secretary of Public Instruction." SEC. 23. Acts Numbered Five hundred and sixteen and Nine hundred and sixty-two, section twenty-five (e) of Act Numbered Fourteen hundred and seven, and section thirteen of Act Numbered Four hundred and thirteen, as amended by section one of Act Numbered Fifteen hundred and eighty-seven, and all other Acts or parts of Acts inconsistent with this Act, are hereby repealed. SEC. 24. 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. 25. This Act shall take effect on its passage. [No. 1704.] AN ACT To amend Act Numbered Fourteen hundred and fifteen, entitled "An Act establishing a medical school and defining the manner in which it shall be controlled and conducted," by providing that the Philippine Medical School shall be a body corporate. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Sections one and two of Act Numbered Fourteen hundred and fifteen, entitled "An Act establishing a Medical School and defining the manner in which it shall be controlled and conducted," are hereby amended so as to read as follows: "SECTION 1. There is hereby established in the city of Manila a medical school for the purpose of giving medical instruction to qualified students. It shall be known as the Philippine Medical School. This school is hereby made a body corporate, under the name and designation of the Philippine Medical School. "SEC. 2. The powers of the corporation are hereby vested in a body to be known as the board of control of the Philippine Medical School, which shall consist of the Secretary of Public Instruction, the Secretary of the Interior, one member of the Philippine Commission, and one other member to be designated by the Governor-General. The dean of the faculty of the school, after the establishment of said faculty, also shall be a member of the board of control." 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. [No. 1705.] AN ACT Amending Act Numbered Two hundred and seventy-nine, as amended, by providing for the signing of contracts and leases for cold-storage space in the division of cold storage of the Bureau of Supply. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section one of Act Numbered Two hundred and seventy-nine, entitled "An Act prescribing the method of executing leases of real estate to or by the Insular Government," as amended by section one of Act Numbered Fifteen hundred and three and section one of Act Numbered Fifteen hundred and twenty-five, is hereby further amended so as to read as follows: 66 SECTION 1. All deeds and leases of houses and other real estate or other contracts for the use and occupancy of property made to or by the Insular Government or any Department or Bureau thereof shall be executed for and in behalf of the Insular Government by the Governor-General, except as hereinafter provided, to wit: "(a) Leases of portions of the San Lazaro estate under the provisions of Executive Order Numbered Seven, series of nineteen hundred and one, as amended, shall be executed by the Director of Lands, by and with the approval of the Secretary of the Interior. "(b) Leases of portions of the public domain under the provisions of Act Numbered Nine hundred and twenty-six, known as The Public Land Act,' and deeds and leases under Act Numbered Eleven hundred and twenty, known as The Friar Lands Act,' shall be executed by the Director of Lands, with the approval of the Secretary of the Interior. "(c) Contracts and leases for cold-storage space in the division of cold storage, Bureau of Supply, shall be executed by the Purchasing Agent, with the approval of the Secretary of Public Instruction." 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. 1706.] AN ACT Making appropriations for sundry expenses of the government of the city of Manila for the fiscal year ending June thirtieth, nineteen hundred and eight. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The following sums, or so much thereof as may be respectively necessary, are hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, in part compensation for the service of the government of the city of Manila for the fiscal year ending June thirtieth, nineteen hundred and eight, and thereafter until expended, unless otherwise stated: |