United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 47 of 150)
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act for the fiscal year 1909, cited aboTe.

It superseded the provision fixing the salary of the resident commissioner at
$5,000 per annum, contair.ed in Act July 1, 1902, c 1369. { 8, ante, I 3815.

The salary of the resident commissioner from Porto Rico was fizad at 17,500
per annum by Act Feb. 26, 1907, e. 1635, | 4, ante, | 36.

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Ch. 3d) the territories and insular possessions § 3819

§ 3818. (Act July 1, 1902, c 1369» § 9.) Jurisdiction of supreme
court and courts of first instance; of municipal courts; ap^
pointment and compensation of justices of supreme court;
appointment of judges of court of first instance; admiralty
jurisdiction changed only by act of Congress.
The Supreme Court and the courts of first instance of the Philip-
pine Islands shall possess and exercise jurisdiction as heretofore
provided and such additional jurisdiction as shall hereafter be pre-
scribed by the government of said Islands, subject to the power
of said Government to change the practice and method of proce-
dure. The municipal courts of said Islands shall possess and exer-
cise jurisdiction as heretofore provided by the Philippine Commis-
sion, subject in all matters to such alteration and amendment as
may be hereafter enacted by law; and the chief justice and as-
sociate justices of the supreme court shall hereafter be appointed
by the President, by and with the advice and consent of the Sen-
• ate, and shall receive the compensation heretofore prescribed by
the Commission until otherwise provided by Congress. The judges
of the court of first instance shall be appointed by the civil gov-
ernor, by and with the advice and consent of the Philippine Com-
mission: Provided, That the admiralty jurisdiction of the supreme
court and courts of first instance shall not be changed except by
Act of Congress. (32 Stat. 695.)

The compensation of the supreme court justices was fixed and provision was
made for the designation of a temporary judge when necessary to constitute
a quorum by Act Feb. 6, 1906, c 453, | 7, post, f 3819.

The supreme court was authorized to hold a special term or terms each year
at Faguio or at any other suitable place by Res. April 9, 1910, No. 19, post,
I 3820.

§ 3819. (Act Feb. 6, 1905, c. 453, § 7.) Compensation of supreme
court justices; temporary justice to fill vacancy; designation;
compensation.
The government of the Philippine Islands is hereby authorized to
prescribe the compensation for the chief justice and associate jus-
tices of the supreme court of the islands, not to exceed ten thou-
sand five hundred dollars for the chief justice and ten thousand dol-
lars for each associate justice per annum. Whenever by reason of
temporary disability of any judge of the supreme court or by rea-
son of vacancies occurring therein, a quorum of the court shall
not be present for business the governor-general of said islands is
authorized to designate a judge or judges of the court of first in-
stance in the islands to sit and act temporarily as a judge or judges
of the supreme court in order to constitute a quorum of said su-
preme court for business. If a judge so designated shall not have
his usual place of residence at the city of Manila, he shall be allow-
ed his traveling expenses from his usual place of residence to Ma-
nila and return and the sum of ten pesos, Philippine currency, a
day for the period during which he is engaged in the supreme court,

Oomp.St.'13-97 (1537)



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§ 8819 THB TBRRIT0RIB8 AND IN8X7LAB POSSESSIONS (Tit 23

the period to be calculated from the time he leaves his usual place
of residence until his return from Manila. (33 Stat. 692.)

This Mction was part of an act to amend Act Jolj 1, 1902; a 1309, and for
other porposea.

Other aectiona of this act are set forth or referred to post, H 8907'-8911, and
ante, | 3806.

Section 10 of Act July 1, 1002, c 1309, proTidinc for appeals and writs
of error from the Philippine supreme court to the United States Supreme
Court, was superseded by Jud. Code, | 248, ante, | 1220.

§ 3820. (Res. April 9, 1910, No. 19.) Supreme court; special term
St Baguio, or elsewhere, authorised.
The supreme court of the Philippine Islands is authorized to hold
such special term or terms in each year at Baguio, in the Province
of Benguet, or at any other suitable place in the Philippine Islands,
as may be provided by order of the court, and to make such orders
with reference to the transfer of records and the issuing of process
as shall be necessary to make the orders, decrees, and judgments
entered by the court in such special term or terms eflfective. (36
Sut 877.)

This was a Joint resolution entitled, ''Joint rsscdution fixing the terms of
court in the Philippine Islands."

§ 3821. (Act July 1, 1902, c 1369, § 11.) Improvement of nav-
igable waters ; construction ci wharves, light-houses, life-sav-
ing stations, etc.; bonded warehouses.
The government of the Philippine Islands is hereby authorized to
provide for the needs of commerce by improving the harbors and
navigable waters of said islands and to construct and maintain in
said navigable waters and upon the shore adjacent thereto bonded
warehouses, wharves, piers, light-houses, signal and life-saving sta-
tions, buoys, and like instruments of commerce, and to adopt and
enforce regulations in rep:ard thereto, including bonded warehouses
wherein articles not intended to be imported into said islands nor
mingled with the property therein, but brought into a port of said
islands for reshipment to another country, may be deposited in
bond and reshipped to another country without the payment of
customs duties or charges. (32 Stat. 695.)

§ 3822. (Act July 1, 1902, c 1369, § 12.) Property acquired by
United States from Spain to be under control of insular gov-
ernment.
All the property and rights which may have been acquired in
the Philippine Islands by the United States under the treaty of
peace with Spain, signed December tenth, eighteen hundred and
ninety-eight, except such land or other property as shall be desig-
nated by the President of the United States for military and other
reservations of the Government of the United States, are hereby
placed under the control of the government of said islands to be
administered for the benefit of the inhabitants thereof, except as
provided in this Act (32 Sut. 695.)

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Ch. 3d) thb tbbritoribs and insular possbssions § 8825

§ 3823. (Act July 1, 1902, c. 1369, § 13.) Classification of public
lands; rules and regidations for disposition; mineral and tim^
ber lands excepted; rules to be approved by President and
submitted to Congress; limit of area of homestead.
The government of the Philippine Islands, subject to the pro-
visions of this Act and except as herein provided, shall classify ac-
cording to its agricultural character and productiveness, and shall
immediately make rules and regulations for the lease, sale, or other
disposition of the public lands other than timber or mineral lands,
but such rules and regulations shall not go into effect or have the
force of law until they have received the approval of the President
and when approved by the President they shall be submitted by
him to Congress at the beginning of the next ensuing session there-
of and unless disapproved or amended by Congress at said ses-
sion they shall at the close of such period have the force and effect
of law in the Philippine Islands: Provided, That a single home-
stead entry shall not exceed sixteen hectares in extent. (32 Stat.
695.)

§ 3824. (Act July 1, 1902, c 1369, § 14.) Rules for perfecting ti-
ties of claimant from Spain; issuance of patents to native oc-
cupants.
The government of the Philippine Islands is hereby authorized
and empowered to enact rules and regulations and to prescribe
terms and conditions to enable persons to perfect their title to
public lands in said Islands, who, prior to the transfer of sov-
ereignty from Spain to the United States, had fulfilled all or some
of the conditions required by the Spanish laws and royal decrees
of the Kingdom of Spain for the acquisition of legal title thereto
yet failed to secure conveyance of title ; and the Philippine Com-
mission is authorized to issue patents, without compensation, to
any native of said Islands, conveying title to any tract of land not
more than sixteen hectares in extent, which were public lands and
had been actually occupied by such native or his ancestors prior
to and on the thirteenth of August, eighteen hundred and ninety-
eight. (32 Stat. 696.)

§ 3825. (Act July 1, 1902, c. 1369, § 15.) Grant of lands, other
than timber or mineral lands, authorized; limit of area; con-
ditions.
The government of the Philippine Islands is hereby authorized
and empowered, on such terms as it may prescribe, by general leg-
islation, to provide for the granting or sale and conveyance to ac-
tual occupants and settlers and other citizens of said islands such
parts and portions of the public domain, other than timber and
mineral lands, of the United States in said islands as it may deem
wise, not exceeding sixteen hectares to any one person and for the
sale and conveyance of not more than one thousand and twenty-
four hectares to any corporation or association of persons: Pro-
vided, That the grant or sale of such lands, whether the purchase
price be paid at once or in partial payments, shall be conditioned

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§ 8820 THB TBBRITOR1B8 AND INSULAR P088B88I0N8 (Tit. 23

upon actual and continued occupancy, improvement, and cultiva-
tion of the premises sold for a period of not less than five years,
during which time the purchaser or grantee can not alienate or en-
cumber said land or the title thereto ; but such restriction shall not
apply to transfers of rip^hts and title of inheritance under the laws
for the distribution of the estates of decedents. (32 Stat. 696.)
§ 3826, (Act July 1, 1902, c 1369, § 16.) Preference right of set-
tiers; right of native occupants; limit of area of settler's pref-
erence right.
In granting or selling any part of the public domain under the
provisions of the last precedmg section, preference in all cases shall
be given to actual occupants and settlers ; and such public lands oi
the United States in the actual possession or occupancy of any
native of the Philippine Islands shall not be sold by said govern-
ment to any other person without the consent thereto of said prior
occupant or settler first had and obtained: Provided, That the
prior right hereby secured to an occupant of land, who can show
no other proof of title than possession, shall not apply to more than
sixteen hectares in any one tract. (32 Stat. 6960

§ 3827. (Act July 1, 1902, c 1369, § 17.) Preservation of forests;
use of revenues from public lands.

Timber, trees, forests, and forest products on lands leased or de-
mised by the government of the Philippine Islands under the pro-
visions of this Act shall not be cut, destroyed, removed, or ap-
propriated except by special permission of said government and
under such regulations as it may prescribe.

All moneys obtained from lease or sale of any portion of the pub-
lic domain or from licenses to cut timber by the government of
the Philippine Islands shall be covered into the insular treasury
and be subject only to appropriation for insular purposes according
to law. (32 Stat 696.)

§ 3828. (Act July 1, 1902, c. 1369, § 18.) Forest laws and regula-
tions continued in force; lands reserved unless certified by
forestry bureau to be agricultural ; licenses to cut timber, etc

The forest laws and regulations now in force in the Philippine Is-
lands, with such modifications and amendments as may be made by
the government of said islands, are hereby continued in force, and
no timber lands forming part of the public domain shall be sold,
leased, or entered until the government of said islands, upon the
certification of the forestry bureau that said lands are more val-
uable for agriculture than for forest uses, shall declare such lands
so certified to be agricultural in character : Provided, That the said
j^ovemment shall have the right and is hereby empowered to issue
licenses to cut, harvest, or collect timber or other forest products
on reserved or unreserved public lands in said islands in accord-
ance with the forest laws and regulations hereinbefore mentioned
and under the provisions of this Act, and the said government may
lease land to any person or persons holding such licenses, suffi-
cient for a mill site, not to exceed four hectares in extent, and may
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Cb.3D) THB TBBBITOBIBS AND INSULAB POS8B8SIONS §

grant rights of way to enable such person or persons to get access
to the lands to which such licenses apply. (32 Stat. 696.)

§ 3829. (Act July 1, 1902, c. 1369, § 19.) Beneficial use measure
of water rights; rules and regulations for use of water au-
thorized; reservations for protection of water supply and oth-
er public purposes.

The beneficial use shall be the basis, the measure, and thf limit
of all rights to water in said islands, and the government of said is-
lands is hereby authorized to make such rules and regulations for
the use of water, and to make such reservations of public lands for
the protection of the water supply, and for other public purposes not
in conflict with the provisions of this Act, as it may deem best for
the public good. (32 Stat. 697.)

MINERAL LANDS

§ 3830. (Act July 1, 1902, c 1369, § 20.) Mineral lands reserved
from sale except as expressly directed.
In all cases public lands in the Philippine Islands valuable for
minerals shall be reserved from sale, except as otherwise expressly
directed by law. (32 Stat. 697.)

§ 3831. (Act July 1, 1902, c. 1369, § 21.) Mineral deposits and
lands open to purchase by citizens of United States or of Phil-
ippines ; lands entered as agricultural to be paid for as mineral
"when minerals are found thereon before patent.
All valuable mineral deposits in public lands in the Philippine
Islands, both surveyed and unsurveyed, are hereby declared to be
free and open to exploration, occupation, and purchase, and the
land in which they are found to occupation and purchase, by cit-
izens of the United States, or of said Islands : Provided, that when
on any lands in said islands entered and occupied as agricultural
lands under the provisions of this Act, but not patented, mineral^
deposits have been found, the working of such mineral deposits is*
hereby forbidden until the person, association, or corporation who
or which has entered and is occupying such lands shall have paid to
the government of said islands such additional sum or sums as will
make the total amount paid for the mineral claim or claims in which
said deposits are located equal to the amount charged by the gov-
ernment for the same as mineral claims. (32 Stat. 697.)

§ 3832. (Act July 1, 1902, c. 1369, § 22, as amended, Act Feb. 6,
1905, c 453, § 9.) Location of mineral claims; dimensions;
shape.

That mining claims upon land containing veins or lodes of quartz
or other rock in place-bearing gold, silver, cinnabar, lead, tin, cop-
per, or other valuable deposits located after the passage of this
Act, whether located by one or more persons qualified to locate
the same under the preceding section, shall be located in the fol-
lowing manner and under the following conditions: Any person
so qualified desiring to locate a mineral claim shall, subject to the
provisions of this Act with respect to land which may be used for

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§ 8882 THR TBRRITORIB8 AND INSULAR POSSESSIONS (Tit. 2-1

mining, enter upon the same and locate a plat of ground measur-
ing, where possible, but not exceeding three hundred meters in
length by three hundred meters in breadth, in as nearly as possible
a rectangular form; that is to say, all angles shall be right angles,
except in cases where a boundary line of a previously surveyed
claim is adopted as common to both claims, but the lines need not
necessarily be meridional. In defining the size of a mineral claim
it shall be measured horizontally, irrespective of inequalities of the
surface of the ground. (32 Stat. 697. 33 Stat. 692.)

This tectioD, and alM> aections 23-26. 29, 81, 36^ 87, 89, 68 and 58 of this
act, were amended by Act Feb. 4, 1906, c. 463, | 9, cited above, by reducinf
aU measuremeDts therein expressed in feet to meters, acres to hectaret^ miles
to kilometers, and dollars to pesos; the specific changes being the fixing of
the length and breadth of the claims at 800 meters instead of 1,000 feet, r«-
qoiring annual labor of the value of 200 pesos Instead of $100, and labor or
improvements before patent of the valne of 1,000 pesos instead of $600, fixing
the price of lode mining claims at 26 pesos per hectare instead of $6 per acre,
the price of coal lands at 60 pesos per hectare if more than 26 kilometers from,
or 100 pesos per hectare if within 26 kilometers of, a railroad or navigable
water, instead of $26 per hectare if more than 16 miles from, or $60 per
hectare if within 16 miles of, a railroad or navigable water, and the price of
saline lands at 6 pesos per hectare instead of $8 per hectare.

§ 3833. (Act July 1, 1902, c. 1369, § 23, as amended. Act Feb. 6,

1905, c 453, § 9.) Marking of mineral claim.
A mineral claim shall be marked by two posts, placed as nearly
as possible on the line of the ledge or vein, and the posts shall be
numbered one and two, and the distance between posts numbered
one and two shall not exceed three hundred meters, the line be-
tween posts numbered one and two to be known as the location
line; and upon posts numbered one and two shall be written the
name given to the mineral claim, the name of the locator, and the
date of the location. Upon post numbered one there shall be writ-
ten, in addition to the foregoing, "Initial post," the approximate
.compass bearing of post numbered two, and a statement of the
number of meters lying to the right and to the left of the line from
post numbered one to post numbered two, thus: "Initial post Di-
rection of post numbered two . meters of this claim lie on
the right and meters on the left of the line from number

one to number two post." All the particulars required to be put
on number one and number two posts shall be furnished by the
locator to the provincial secretary, or such other officer as by the
Philippine government may be described as mining recorder, in
writing, at the time the claim is recorded, and shall form a part of
the record of such claim. (32 Stat. 697. 33 Stat. 693.)

See note to section 22 of this act, ante, | 3832.

§ 3834. (Act July 1, 1902, c 1369, § 24, as amended. Act Feb. 6,

1905, c. 453, § 9.) Marking location line and discovery post;

guides for survey.

When a claim has been located the holder shall immediately

mark the line between posts numbered one and two so that it can

be distinctly seen. The locator shall also place a post at the point

where he has found minerals in place, on which shall be written

(1542)



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Ch. 3d) thb tbrritoribs and insular possessions § 3837

^'Discovery:" Provided, That when the claim is surveyed the sur-
veyor shall be guided by the records of the claim, the sketch plan
on the back of the declaration made by the owner when the claim
was recorded, posts numbered one and two, and the notice on num-
ber one, the initial post

Bxamplet of Variau$ Mode$ of Laying Out Olaifn$

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(32 Stat. 698. 33 Stat. 693.)

See note to section 22 of thia act, ante, i 3832.

§ 3835. (Act July 1, 1902, c. 1369, § 25, as amended, Act Feb. 6,
1905, c. 453, § 9.) Moving of posts by surveyor.
It shall not be lawful to move number one post, but number two
post may be moved by the deputy mineral surveyor when the dis-
tance between posts numbered one and two exceeds three hundred
meters, in order to place number two post three hundred meters
from number one post on the line of location. When the distance
between posts numbered one and two is less than three hundred
meters, the deputy mineral surveyor shall have no authority to ex-
tend the claim beyond number two. (32 Stat. 698. 33 Stat. 693.)
See note to section 22 of this act, ante, { 3832.

§ 3836. (Act July 1, 1902, c. 1369, § 26.) Location line to govern
direction.
The "location line" shall govern the direction of one side of the
claim, upon which the survey shall be extended according to this
Act. (32 Stat. 698.)

§ 3837. (Act July 1, 1902, c. 1369, § 27.) Rights to minerals; no
extralateral rights.
The holder of a mineral claim shall be entitled to all minerals
which may lie within his claim, but he shall not be entitled to mine
outside the boundarv lines of his claim continued vertically down-
ward: Provided, That this Act shall not prejudice the rights of
claim owners nor claim holders whose claims have been located un-
der existing laws prior to this Act. (32 Stat. 698.)

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8 8838 THB TBBRITORIB8 AND INSUULR P088BBgI0N8 (Tit 2^

I 3838. (Act July 1, 1902, c 1369, § 28.) Recording fuU dM daim;
affidavit; description and markings of claim.
No mineral claim of the full size shall be recorded without the
application being accompanied by an affidavit made by the appli-
cant or some person on his behalf cognizant of the facts — that
the legal notices and posts have been put up; that mineral has
been found in place on the claim proposed to be recorded; that the
ground applied for is unoccupied by any other person. In the said
declaration shall be set out the name of the applicant and the date
of the location of the claim. The words written on the number. one
and number two posts shall be set out in lull, and as accurate a
description as possible of the position of the claim given with ref-
erence to some natural object or permanent monuments. (32 Stat.
699.)

§ 3839. (Act July 1, 1902, c. 1369, § 29, as amended. Act Feb. 6,
1905, c 453, § 9.) Recording fractional claim; affidavit or
declaration; plan; effect of failure to comply with require-
ments.
No mineral claim which, at the date of its record, is known by
the locator to be less than a full-sized mineral claim, shall be re-
corded without the word "fraction" being added to the name of the
claim, and the application being accompanied by an affidavit or
solemn declaration made by the applicant or some person on his
behalf cognizant of the facts: That the legal posts and notices have
been put up ; that mineral has been found in place on the fractional
claim proposed to be recorded; that the ground applied for is un-
occupied by any other person. In the said declaration shall be
set out the name of the applicant and the date of the location of
the claim. The words written on the posts numbered one and two
shall be set out in full and as accurate a description as possible of
the position of the claim given. A sketch plan shall be drawn by
the applicant on the back of the declaration, showing as near as
may be the position of the adjoining mineral claims and the shape
and size, expressed in meters, of the claim or fraction desired to be
recorded : Provided, That the failure on the part of the locator of a
mineral claim to comply with any of the foregoing provisions of
this section shall not be deemed to invalidate such location if, upon
the facts, it shall appear that such locator has actually discovered
mineral in place on said location and that there has been on his
part a bona fide attempt to comply with the provisions of this Act,
and that the nonobservance of the formalities hereinbefore referred
to is not of a character calculated to mislead other persons desiring
to locate claims in the vicinity. (32 Stat. 699. 33 Stat. 694.)
See DOte to secHoD 22 of this act, ante, | 3S32.

§ 3840. (Act July 1, 1902, c. 1369, § 30.) Marking claim where im-
possible to mark location line.
In cases where, from the nature or shape of the ground, it is im-
possible to mark the location line of the claim as provided by this
Act then the claim may be marked by placing posts as nearly as
(1544)



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C1l3d) thb tbbbitobibs and insular possessions § 8845



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 47 of 150)