for any elective office, shall be punished by a fine of not less than two hundred pesos nor more than five hundred pesos. Whenever any person shall be convicted of an offense under this Act the fine and costs imposed, if any, shall be extinguished by imprisonment at the rate of one day's imprisonment for each two pesos of fine or costs remaining unpaid. SEC. 31. Jurisdiction of courts.-Courts of First Instance shall have exclusive original jurisdiction to issue process or conduct preliminary investigations and shall have entire jurisdiction in any criminal action or proceeding arising under this Act. SEC. 32. Repealing section.-Acts Numbered Seventy-eight, One hundred and six, Three hundred and forty-three, Seven hundred and eighty-two, sections six, seven, eight, nine, ten, eleven, twelve, fourteen, twenty-three, ninety-one, ninety-two, ninety-three, ninetyfour, and subsections (a) and (b) of section thirteen of Act Numbered Eighty-two, section four and the first two sentences of section twenty-one of Act Numbered Eighty-three, section six of Act Numbered Four hundred and twenty-four, and all Acts and parts of Acts amendatory of the Acts and sections herein enumerated or in any way in conflict with the provisions of this Act are hereby repealed: Provided, however, That the repeal of an amendment shall not be construed to revive the amended statute nor shall any statute be deemed revived by this repeal. SEC. 33. This Act shall take effect on the fifteenth day of January, nineteen hundred and seven: Provided, That it shall not apply to elections for provincial governors to be held in the Provinces of Cavite and Isabela for the present year, in which provinces the said elections shall be conducted under the laws existing at the time of the passage of this Act. Enacted, January 9, 1907. [No. 1583.] AN ACT Repealing Act Numbered Thirteen hundred and twenty-one, entitled, "An Act abolishing the office of fiscal for the Province of Oriental Negros and providing that the duties of the fiscal for that province shall be performed by the fiscal of the Province of Cebu," and Act Numbered Thirteen hundred and fifty-nine, amendatory thereof, and re-creating the office of fiscal for the Province of Oriental Negros. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Act Numbered Thirteen hundred and twenty-one, entitled "An Act abolishing the office of fiscal for the Province of Oriental Negros and providing that the duties of the fiscal for that province shall be performed by the fiscal of the Province of Cebu," and Act Numbered Thirteen hundred and fifty-nine, amending said Act, are hereby repealed, and the office of fiscal for the Province of Oriental Negros is hereby re-created. SEC. 2. The fiscal appointed for said Province of Oriental Negros pursuant to this Act shall receive the same salary as was provided by law prior to the passage of the Acts hereby repealed, and such fiscal shall perform all the duties imposed by law upon provincial fiscals. SEC. 3. From and after the date on which this Act shall take effect the salary of the fiscal of the Province of Cebu shall be the same as was provided by law prior to the passage of Act Numbered Thirteen hundred and twenty-one, and such fiscal shall perform all the duties imposed by law upon provincial fiscals. 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 twentysixth, nineteen hundred. SEC. 5. This Act shall take effect on the first day of February, nineteen hundred and seven. Enacted, January 10, 1907. [No. 1584.] AN ACT Amending section one of Act Numbered Fifteen hundred and fifty-five, increasing the number of municipalities in the Province of Tarlac. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section one of Act Numbered Fifteen hundred and fifty-five, increasing the number of municipalities in the Province of Tarlac, is hereby amended so as to read as follows: "SECTION 1. The nine municipalities of the Province of Tarlac, as established by Act Numbered Nine hundred and thirty, shall, in accordance with the provisions of this Act, be increased to ten, by separating the former municipality of La Paz and the barrio of Lauangcupang from the present municipality of Tarlac, and constituting with their territories and those of the barrios of Kaut and Bantug, in the present municipality of Concepcion, a new municipality which shall be known as La Paz, with the seat of municipal government at La Paz.” 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. 1585.] AN ACT Authorizing the Governor-General to appoint a committee to decide the last protested municipal election held in the municipality of Malabon, Province of Rizal, on September fifth, nineteen hundred and six. Whereas action has not yet been taken by the provincial board of the Province of Rizal on the last protested election held in the munici 11027-WAR 1907-VOL 10-6 pality of Malabon in said province on September fifth, nineteen hundred and six; and Whereas, due to the absence on leave of the provincial governor of said province on account of illness and to the pressure of business in the office of the provincial treasurer, the said provincial board has not been able up to the present time to decide the said protested election: and Whereas the public interests will suffer in case there is further delay in the decision of said protested election: Therefore, By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The Governor-General is hereby authorized and directed to appoint an impartial committee of three members to finally decide the legality of the election held in the municipality of Malabon, in the Province of Rizal, on September fifth, nineteen hundred and six, and to determine the candidates duly and legally elected and returned to fill the offices for which said election was held, and the eligibility of said candidates for the offices to which elected. Said committee shall proceed in like manner and with like authority as the provincial board, and its decisions shall have the same effect as if made by said provincial board. Upon the appointment and organization of said committee all authority of the provincial board as to the election in question shall cease and determine. SEC. 2. The committee provided for in section one hereof, in its discretion, may avail itself of all records of investigations and testimony had by the provincial board of Rizal, and all documents, papers, and written evidence now on file with said provincial board. 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 [No. 1586.] passage. AN ACT Amending section seven hundred and eighty-five of Act Numbered One hundred and ninety, entitled “An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands," so as to permit poor persons to prosecute or defend any action or special proceeding in Courts of First Instance without being required to prepay fees. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section seven hundred and eighty-five of Act Numbered One hundred and ninety, entitled "An Act providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands," is hereby amended so as to read as follows: 66 SEC. 785. (a) It shall be lawful for the clerk of the Supreme Court, the clerks of Courts of First Instance, and commissioners appointed by the Courts of First Instance, assessors in Courts of First Instance and in courts of justices of the peace, governors as officers of the court, sheriffs, bailiffs, justices of the peace, notaries public, and other officers and persons hereinafter mentioned, together with their assistants and deputies, to demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more: Provided, however, That any poor person, not having sufficient means to prosecute or defend an action, or special proceeding, may apply to the Court of First Instance in which the action or special proceeding is intended to be brought, or is pending, for leave to prosecute or defend as a poor person; the Court of First Instance, if satisfied upon full and careful investigation that such person has not sufficient means to pay the court or clerk's fees required to be paid for the prosecution or defense of the action, or special proceeding, as the case may be, may admit the applicant to prosecute or defend as a poor person, and may in its discretion make an order remitting, reducing, or postponing the payment of any court or clerk's fees or charges required by law to be paid for filing papers, for swearing witnesses on the trial, or for issuing process of the court, and thereafter all papers shall be filed, all witnesses on the trial shall be sworn, and all process shall be issued in accordance with such order, and all poor persons, whether plaintiffs or defendants, shall have the same remedies in such an action or special proceeding as are provided by law in other cases: Provided, however, That nothing in this Act shall be construed to authorize the remission, reduction, or postponement of the payment of sheriff's fees for the service or execution of process as at present required by law. "(b) If a person so admitted be guilty of any improper conduct or of any unjustifiable delay in the prosecution of such action or special proceeding, as the case may be, or it be made to appear that the allegation of poverty is untrue, or if the court be satisfied that the alleged cause of action is frivolous or malicious, the court shall annul such order and such party shall thereafter be deprived of all benefit of the order admitting him to prosecute or defend as herein provided, and such person shall be deemed to be guilty of contempt of court and shall be punished by a fine of not more than one hundred pesos, or by imprisonment for not more than thirty days, or both, in the discretion of the court. "(c) In the cases herein provided for, judgment may be rendered for fees and costs at the conclusion of such action or special proceeding as in other cases. "(d) Clerks of courts shall include in their reports to the Insular Auditor all actions or special proceedings brought or defended under the provisions of this section, stating that, by order of the court, the fees have been remitted, reduced, or postponed, as the case may be, and upon the conclusion of such actions or special proceedings shall, as in other cases, account for all fees that may be collected in such actions or proceedings as is now or may be hereafter provided by law." 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. 1587.] AN ACT Amending Act Numbered Four hundred and thirteen, entitled "An Act providing for the control and management of provincial jails and of the prisoners therein," so as to empower provincial boards to cause prisoners to clean, care for, or repair public buildings and grounds. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section thirteen of Act Numbered Four hundred and thirteen, entitled "An Act providing for the control and management of provincial jails and of the prisoners therein," is hereby amended to read as follows: "SEC. 13. The provincial board may in its discretion cause any or all able-bodied male prisoners, except such as are held as witnesses or awaiting trial, to work upon any of the public roads or highways or other public works, or to clean, care for, or repair public buildings and grounds, in the province where such prisoners are confined. Such work shall be done under the direction and control of the officer or officers in charge of such works, buildings, or grounds: Provided, That while so employed the prisoners shall wear the regular prison garb and shall continue to be sufficiently and properly guarded by the jailor or his deputies, or by the Philippines Constabulary if available for that purpose." 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. 1588.] AN ACT Increasing the number of municipalities in the Province of Bulacan from thirteen to fourteen, by separating from Polo the former municipality of Obando and giving the latter the territory which it comprised prior to the passage of Act Numbered Nine hundred and thirty-two. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The thirteen municipalities of the Province of Bulacan, as established by Act Numbered Nine hundred and thirty-two, shall, in accordance with the provisions of this Act, be increased to fourteen, by separating from Polo the former municipality of Obando, which is hereby reconstituted and shall consist of the territory of which it was constituted prior to the passage of said Act Numbered Nine hundred and thirty-two. 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 August tenth, nineteen hundred and seven. Enacted, January 25, 1907. |