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 49 of 150)
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AH patents granted shall be subject to any vested and accrued
water rights, or rights to ditches and reservoirs used in connection
with such water rights as may have been acquired under or recog-
nized by the preceding section. (32 Stat 704.)
(1552)



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Ch.3D) THB TBBBITORIBS AND INSULAR POSSESSIONS § 3865

§ 3862. (Act July 1, 1902, c. 1369, § 52.) Land districts au-
thorized.

The Government of the Philippine Islands is authorized to estab-
lish land districts and provide for the appointment of the necessary
officers wherever they may deem the same necessary for the public
convenience, and to further provide that in districts where land
offices are established proceedings required by this Act to be had
before provincial officers shall be had before the proper officers of
such land offices. (32 Stat. 704.)

§ 3863. (Act July 1, 1902, c. 1369, § 53, as amended, Act Feb. 6,
1905, c. 453, § 9.) Coal lands; who may enter; limit of area;
price ; entries in conformity with rules of survey.
Every person above the age of twenty-one years who is a citizen
of the United States or of Sie Philippine Islands, or who has ac-
quired the right of a native of said islands under and by virtue of
the treaty of Paris, or any association of persons severally quali-
fied as above, shall, upon application to the proper provincial treas-
urer, have the right to enter any quality of vacant coal lands of
said islands, not otherwise appropriated or reserved by competent
authority, not exceeding sixty-four hectares to such individual per-
son, or one hundred and twenty-eight hectares to such association
upon payment to the provincial treasurer or the collector of in-
ternal revenue, as the case may be, of not less than fifty pesos per
hectare for such lands, where the same shall be situated more than
twenty-five kilometers from any completed railroad or available
harbor or navigable stream, and not less than one hundred pesos
per hectare for such lands as shall be within twenty-five kilometers
of such road, harbor, or stream : Provided, That such entries shall
be taken in squares of sixteen or sixty-four hectares, in conformity
with the rules and regulations governing the public-land surveys
of the said islands in plotting legal subdivisions. (32 Stat. 704.
33 Stat. 696.)

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

§ 3864. (Act July 1, 1902, c 1369, § 54.) Preference right <rf per-
sons in possession.

Any person or association of persons, severally qualified as above
provided, who have opened and improved or shall hereafter open
and improve, any coal mine or mines upon the public lands, and
shall be in actual possession of the same, shall be entitled to a
preference right of entry under the preceding section of the mines
so opened and improved. (32 Stat. 705.)

§ 3865. (Act July 1, 1902, c. 1369, § 55.) Declaratory statement
of preference right; time for filing.
All claims under the preceding section must be presented to the
proper provincial secretary withm sixty days after the date of ac-
tual possession and the commencement of improvements on the
land by the filing of a declaratory statement therefor; and where
the improvements shall have been made prior to the expiration of
three months from the date of the passage of this Act, sixty days-

Comp.St.'13-98 (1653)



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g 8866 THB TBRRIT0RIB8 AND IN8ULAB POBSSBSIONS (TH. 23

from the expiration of such three months shall be allowed for the
filing of a declaratory statement; and no sale under the provisions
of this Act shall be allowed until the expiration of six months from
the date of the passage of this Act (32 Stat. 70S.)

§ 3866. (Act July 1, 1902, c 1369, § 56.) Only one entry aDowed;
payment within one year.
The three preceding sections shall be held to authorize only one
entry by the same person or association of persons; and no as-
sociation of persons, any member of which shall have taken the
benefit of such sections, either as an individual or as a member of
any other association, shall enter or hold any other lands under
the provisions thereof; and no member of any association which
shall have taken the benefit of such section shall enter or hold
any other lands under their provisions; and all persons claiming
under section fifty-eight shall be required to prove their respective
rights and pay for the lands filed upon within one year from the
time prescribed for filing their respective claims; and upon fail-
ure to file the proper notice or to pay for the land within the re-
quired period, the same shall be subject to entry by any other qual-
ified applicant. (32 Stat. 705.)

Section 5S of this act, post, | 3868, mentioned in this section, prorided for
the sale, at public auction or private sale, for cash, of saline lands. The ref-
erence to that section is apparently an error.

§ 3867. (Act July 1, 1902, c 1369, § 57.) Conflicting claims; prior-
ity of possession to |;ovem claims subsequent to act; division
of lands between claimants prior to act ; rules and regulations.
In case of conflicting claims upon coal lands where the improve-
ments shall be commenced after date of the passage of this Act,
priority of possession and improvement, followed by proper filing
and continued good faith, shall determine the preference right to
purchase. And also where improvements have already been made
prior to the passage of this Act, division of the land claimed may
be made by legal subdivisions, which shall conform as nearly as
practicable with the subdivisions of land provided for in this Act,
to include as near as may be valuable improvements of the respec-
tive parties. The Government of the Philippine Islands is author-
ized to issue all needful rules and regulations for carrying into ef-
fect the provisions of this and preceding sections relating to min-
eral lands. (32 Stat. 705.)

§ 3868. (Act July 1» 1902, c 1369, § 58, as amended. Act PeK 6,
1905, a 453, § 9.) Saline lands; sales at auction; private sales;
proclamations <rf sales.
Whenever it shall be made to appear to the secretary of any
province or the commander of any military department in the
Philippine Islands that anv lands within the province are saline in
character, it shall be the duty of said provincial secretanr or com-
mander, under the regulations of the government of the Philippine
Islands, to take testimony in reference to such lands, to ascertain
their true character, and to report the same to the secretary of the
(1554)



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OlSd) THB TBBBIT0BIB8 AND INSULAR POSSESSIONS g 8870

interior for the Philippine Islands ; and if upon such testimony the
secretary of the interior shall find that such lands are saline and
incapable of being purchased under any of the laws relative to the
public domain, then and in such case said lands shall be offered for
sale at the office of the provincial secretary, or such other officer
as by the said government may be described as mining recorder
of the province or department in which the same shall be situated,
as the case may be, under such regulations as may be prescribed
by said government and sold to the highest bidder for cash at a
price of not less than six pesos per hectare ; and in case such lands
fail to sell when so offered, then the same shall be subject to private
sale at such office, for cash, at a price not less than six pesos per
hectare, in the same manner as other lands in the said islands are
sold. All executive proclamations relating to the sales of public
saline lands shall be published in only two newspapers, one printed
in the English language and one in the Spanish language, at Ma-
nila, which shall be designated by said secretary of the interior.
(32Sut. 705. 33 Stat. 697.)

See note to section 22 of this act, ante, | 8832.

Section 56 of this act, ante, | 3846, provided that persons claimin^r under
this section must make proof and payment within one year from the time re-
quired for filing or the land would be open to entry by others. The reference
to this section is apparently an error.

§ 3869. (Act July 1, 1902, c 1369, § 59.) Mineral lands reserved
from grants for public purposes.

No Act granting lands to provinces, districts, or municipalities
to aid in the construction of roads, or for other public purposes,
shall be so construed as to embrace mineral lands, which, in all
cases, are reserved exclusively, unless otherwise specially pro-
vided in the Act or Acts making the grant. (32 Stat. 706.)

§ 3870. (Act July 1, 1902, c. 1369, § 60.) Prior mining concessions
not affected ; boundaries of concessions to be marked.
Nothing in this Act shall be construed to affect the rights of any
person, partnership, or corporation having a valid, perfected niin-
ing concession granted prior to April eleventh, eighteen hundred
and ninety-nine, but all such concessions shall be conducted under
the provisions of the law in force at the time they were granted,
subject at all times to cancellation by reason of illegality in the pro-
cedure by which they were obtained, or for failure to comply with
the conditions prescribed as requisite to their retention in the laws
under which they were granted: Provided, That the owner or
owners of every such concession shall cause the corners made by
its boundaries to be distinctly marked with permanent monuments
within six months after this Act has been promulgated in the Phil-
ippine Islands, and that any concessions the boundaries of which
are not so marked within this period shall be free and open to ex-
plorations and purchase under the provisions of this Act. (32 Stat.
706.)

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§ 8871 THE TBRRITORIB8 AND INSULAJt POSSESSIONS (Tit 23

§ 387L (Act July 1, 1902, c 1369» § 61.) Mining rights in fotnre
acquired only under terms of act.
Mining rights on public lands in the Philippine Islands shall,
after the passage of this Act, be acquired only in accordance with
its provisions. (32 Stat. 706.)

§ 3872. (Act July 1, 1902, c 1369, § 62.) Proceedings for cancel-
lation of perfected concessions.
All proceedings for the cancellation of perfected Spanish conces-
sions shall be conducted in the courts of the Philippine Islands hav-
ing jurisdiction of the subject-matter and of the parties, unless the
United States Philippine Commission, or its successors, shall create
special tribunals for the determination of such controversies. (32
Sut. 706.)

AUTHOBmr FOB THS PHILIPPINE UlI^NDS OOVKBNinElfT TO PUBCHABB LANDS OP
&EL1QI0U8 0BDEB8 AND 0THBB8 AND ISSUE B0ND8 FOB PUBCHABB PBICB

§ 3873. (Act July 1, 1902, c. 1369, § 63.) Government authorised
to acquire, etc, real and personal property; may condemn real
estate.

The government of the Philippine Islands is hereby authorized,
subject to the limitations and conditions prescribed in this Act, to
acquire, receive, hold, maintain, and convey title to real and per-
sonal property, and may acquire, real estate for public uses by the
exercise of the right of eminent domain. (32 Stat. 706.)

§ 3874. (Act July 1, 1902, c. 1369, § 64.) Acquisition of property
of religious orders, etc ; issuance oif bonds in payment tliere>
for.

The powers hereinbefore conferred in section sixty-three may
also be exercised in respect of any lands, easements, appurtenances,
and hereditaments which, on the thirteenth of August, eighteen hun-
dred and ninety-eight, were owned or held by associations, cor-
porations, communities, religious orders, or private individuals in
such large tracts or parcels and in such manner as in the opinion of
the Commission injuriously to affect the peace and welfare of the
people of the Philippine Islands. And for the purpose of providing
funds to acquire the lands mentioned in this section said govern-
ment of the Philippine Islands is hereby empowered to incur in-
debtedness, to borrow money, and to issue, and to sell at not less
than par value, in gold coin of the United States of the present
standard value or the equivalent in value in money of said Islands,
upon such terms and conditions as it may deem best, registered or
coupon bonds of said government for such amount as may be nec-
essary, said bonds to be in denominations of fifty dollars or any
multiple thereof bearing interest at a rate not exceeding four and
a half per centum per annum, payable quarterly, and to be payable
at the pleasure of said government after dates named in said bonds
not less than five nor more than thirty years from the date of their
issue, together with interest thereon, m gold coin of the United
States of the present standard value or the equivalent in value in
(1556)



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Gi.Sd) thb tbbbitoribs and insular possessions § 3876

money of said Islands ; and said bonds shall be exempt from the
payment of all taxes or duties of said government, or any local au-
thority therein, or of the Government of the United States, as well
as from taxation in any form by or under State, municipal, or local
authority in the United States or the Philippine Islands. The mon-
eys which may be realized or received from the issue and sale of
said bonds shall be applied by the govei:nment of the Philippine
Islands to the acquisition of the property authorized by this sec-
tion, and to no other purposes. (32 Stat. 706.)

§ 3875. (Act July 1, 1902, c. 1369, § 65.) Sale or lease of lands ac-
quired; proceeds a trust fund to pay bonds; preference right
to purchase or lease lands given to actual settlers.
All lands acquired by virtue of the preceding section shall con-
stitute a part and portion of the public property of the government
of the Philippine Islands, and may be held, sold, and conveyed, or
leased temporarily for a period not exceeding three years after their
acquisition by said government on such terms and conditions as it
may prescribe, subject to the limitations and conditions provided
for in this Act : Provided, That all deferred payments and the in-
terest thereon shall be payable in the money prescribed for the pay-
ment of principal and interest of the bonds authorized to be issued
in payment of said lands by the preceding section and said deferred
payments shall bear interest at the rate borne by the bonds. All
moneys realized or received from sales or other disposition of said
lands or by reason thereof shall constitute a trust fund for the pay-
ment of principal and interest of said bonds, and also constitute a
sinking fund for the payment of said bonds at their maturity. Ac-
tual settlers and occupants at the time said lands are acquired by
the government shall have the preference over all others to lease,
purchase, or acquire their holdings within such reasonable time as
may be determined by said government. (32 Stat. 707.)

MUNICIPAL BONDS FOB PUBLIC IHPBOVEMEIfTS

§ 3876. (Act July 1, 1902, c. 1369, § 66, as amended, Act Feb. 6,
1905, c. 453, § 3.) Municipal indebtedness for public improve-
ments; bonds; limit of indebtedness.
For the purpose of providing funds to construct necessary sewer
and drainage facilities, to secure a sufficient supply of water and
necessary buildings for primary public schools in municipalities,
the government of the Philippine Islands may, where current taxa-
tion is inadequate for the purpose, under such limitations, terms,
and conditions as it may prescribe, authorize, by appropriate legis-
lation, to be approved by the President of the United States, any
municipality of said islands to incur indebtedness, borrow money,
and to issue and sell (at not less than par value in gold coin of
the United States) registered or coupon bonds, in such amount and
payable at such time as may be determined to be necessary by the
government of said islands, with interest thereon not to exceed five
per centum per annum: Provided, That the entire indebtedness

(1657)



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§ 8876 THB TBBRITORIB8 AND INSULAR P068B88ION8 (Tit 23

of any municipality shall not exceed five per centum of the assessed
valuation of the real estate in said municipality, and any obligation
in excess of such limit shall be null and void. (32 Stat 707. 33
Sut. 690.)

The flrtt part of this tection, at orifinally enacted, read at follows: **Tbat
for the parpote of proridinir aewers, to furnish adequate sewer and drain-
age facilities, to secure a sufficient supply of water, and to provide all kinds
of municipal betterments and improvements in municipalities, the irovemment
of the Philippine Islands, under such limitations, terms and conditions as it
may pre«cribe, with the consent and approval of the President and the Con-
gress of the United States, may permit any municipality of said islands to
incur indebtedness,** etc, continuinf to the end of the section as set forth
here. It was amended to read as set forth here by Act Feb. 6, 1906, c 403, f
8, last cited above.

§ 3877. (Act July 1, 1902, c 1369, § 67.) Denominations of bonds;
interest; maturity; exempt from taxation.

All municipal bonds shall be in denominations of fifty dollars, or
any multiple thereof, bearing interest at a rate not exceeding five
per centum per annum, payable quarterly, such bonds to be pay-
able at the pleasure of the government of the Philippine Islands,
after dates named in said bonds not less than five nor more than
thirty years from the date of their issue, together with the interest
thereon, in gold coin of the United States of the present standard
value, or its equivalent in value in monev of the said Islands; and
said bonds shall be exempt from the payment of all tdxes or duties
of the government of the Philippine Islands, or any local authority
therein, or the Government of the United States. (32 Stat 707.)
§ 3878. (Act July 1, 1902, c 1369, § 68.) Use of funds from sale
of bonds.

All moneys which may be realized or received from the issue
and sale of said bonds shall be utilized under authorization of the
government of the Philippine Islands in providing the municipal
improvements and betterment which induced the issue and sale of
said bonds, and for no other purpose. (32 Stat. 708.)

§ 3879. (Act Juty 1, 1902, c. 1369, § 69.) Municipal taxes to pay
bonds; smkmg fund; government to be reimbuised for pay-
ments made by it.
The government of the Philippine Islands shall, by the levy and
collection of taxes on the municipality, its inhabitants and their
property, or by other means, make adequate provision to meet the
obligation of the bonds of such municipality, and shall create a
sinkmg fund sufficient to retire them and pay the interest thereon
in accordance with the terms of issue: Provided, That if said
bonds or any portion thereof shall be paid out of the funds of the
government of said islands, such municipality shall reimburse said
government for the sum thus paid, and said government is hereby
empowered to collect said sum by the levy and collection of taxes
on such municipality. (32 Stat. 708.)

§ 3880. (Act July 1, 1902, c. 1369, § 70.) Issue of bonds for sew-
ers, water supply, etc, in Manila; limit.
For the purpose of providing funds to construct sewers in the
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Ch.3D) THE TBRRITOBIBS AND INSULAR POSSBSSIONR §

city of Manila and to furnish it with an adequate sewer and drain-
age system and supply of water the government of the Philippine
Islands, with the approval of the President of the United States
first had, is hereby authorized to permit the city of Manila to incur
indebtedness, to borrow money, and to issue and sell (at not less
than par value in gold coin of the United States), upon such terms
and conditions as it may deem best, registered or coupon bonds of
the city of Manila to an amount not exceeding four million dollars
lawful money of the United States, payable at such time or times
as may be determined by said government, with interest thereon
not to exceed five per centum per annum. (32 Stat. 708.)

§ 3881. (Act July 1, 1902, c. 1369, § 71.) Denomination of bonds;
interest; maturity; exempt from taxation.
Said coupon or registered bonds shall be in denominations of fifty
dollars or any multiple thereof, bearing interest at a rate not ex-
ceeding five per centum per annum, payable quarterly, such bonds
to be payable at the pleasure of the government of the Philippine
Islands, after dates named in said bonds not less than five nor more
than thirty years from the date of their issue, together with the
interest thereon in gold coin of the United States of the present
standard value, or the equivalent in value in money of the said Is-
lands; and said bonds shall be exempt from the payment of all
taxes or duties of the government of the said Islands, or of any
local authority therein, or of the Government of the United States.
(32 Stat. 708.)

§ 3882. (Act July 1, 1902, c. 1369, § 72.) Use of funds from sale
of bonds.

All moneys which may be realized or received from the issue and
sale of said bonds shall be utilized under authorization of said gov-
ernment of the Philippine Islands in providing a suitable sewer
and drainage system and adequate supply of water for the city of
Manila and for no other purpose. (32 Stat. 708.)

§ 3883. (Act July 1, 1902, c. 1369, § 73.) Taxes and sinking fund
for the pajrment of bonds; reimbursement of government by
city for pajrments thereon.
The government of the Philippine Islands shall, by the levy and
collection of taxes on the city of Manila, its inhabitants and their
property, or by other means, make adequate provision to meet the
obligation of said bonds and shall create a sinking fund sufficient to
retire them and pay the interest thereon in accordance with the
terms of issue : Provided, That if said bonds or any portion there-
of shall be paid out of the funds of the government of said islands,
said city shall reimburse said government for the sum thus paid,
and said government is hereby empowered to collect said sum by
the levy and collection of taxes on said city. (32 Stat. 708.)

(1559)



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B 8884 THB TBBBITORIB8 AND INSULAB POMB88ION8 (Tit 23



FRAN0HI8K8

§ 3884. (Act July U 1902, c 1369, § 74.) Grant of franchises, priv-
ileges and concessions authorised; conditions of grants; slav-
ery prohibited ^penalty.
The government of the Philippine Islands may grant franchises,
privileges, and concessions, including the authority to exercise the
right of eminent domain for the construction and operation of
works of public utility and service, and may authorize said works
to be constructed and maintained over and across the public prop-
erty of the United States, including streets, highways, squares, and
reservations, and over similar property of the government of said
Islands, and may adopt rules and regulations under which the pro-
vincial and municipal governments of the islands may grant the
right to use and occupy such public property belonging to said
provinces or municipalities: Provided, That no private property
shall be taken for any purpose under this section without just com-
pensation paid or tendered therefor, and that such authority to take
and occupy land shall not authorize the taking, use, or occupation
of any land except such as is required for the actual necessary pur-
poses for which the franchise is granted, and that no franchise, priv-
ilege, or concession shall be granted to any corporation except un-
der the conditions that it shall be subject to amendment, alteration,
or repeal by the Congress of the United States, and that lands or
rights of use and occupation of lands thus ^^ranted shall revert to
the governments by which they were respectively granted upon the
termination of the franchises and concessions under which they
were granted or upon their revocation or repeal. That all franchis-
es, privileges, or concessions granted under this Act shall forbid the
issue of stock or bonds except in exchange for actual cash, or for
property at a fair valuation, equal to the par value of the stock or
bonds so issued ; shall forbid the declaring of stock or bond divi-
dends, and, in the case of public-service corporations, shall provide
for the effective regulation of the charges thereof, for the official
inspection and regulation of the books and accounts of such cor-
porations, and for the payment of a reasonable percentage of gross
earnings into the treasury of the Philippine Islands or of the prov-
ince or municipality within which such franchises are granted and
exercised: Provided further, That it shall be unlawful for any cor-
poration organized under this Act, or for any person, company, or



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 49 of 150)