be the duty of the Municipal Council thereof to make as ample provision as possible by local taxation for the support of all the schools established within its jurisdiction. In exceptional cases, where the topography of the country or the difficulty of communication between parts of the same pueblo require it, the Division Superintendent may attach a part of one pueblo to the school district of another and shall, in such case, fix the amount which it will be just for the Municipal Council of the former to contribute to the annual school expense of the latter.

SEC. 14. The English language shall, as soon as practicable, be made the basis of all public school instruction, and soldiers may be detailed as instructors until such time as they may be replaced by trained teachers.

SEC. 15. Authority is hereby given to the General Superintendent of Public Instruction to obtain from the United States one thousand trained teachers at monthly salaries of not less than seventy-five dollars ($75) and not more than one hundred and twenty-five dollars ($125), the exact salary of each teacher to be fixed by the General Superintendent of Public Instruction in accordance with the efficiency of the teacher in question and the importance of the position held. The necessary traveling expenses of such teachers from their places of residence to Manila shall be paid by the government.

Sec. 16. No teacher or other person shall teach or criticise the doctrines of any church, religious sect or denomination, or shall attempt to influence the pupils for or against any church or religious sect in any public school established under this act. If any teacher shall intentionally violate this section, he or she shall, after due hearing, be dismissed from the public service.

Provided, however, that it shall be lawful for the priest or minister of any church established in the pueblo where a public school is situated, either in person or by a designated teacher of religion, to teach religion for one half an hour three times a week in the school building to those public school pupils whose parents or guardians desire it and express their desire therefor in writing filed with the Principal Teacher of the school, to be forwarded to the Division Superintendent, who shall fix the hours and rooms for such teaching. But no public school teacher shall either conduct religious exercises or teach religion or act as a designated religious teacher in the school building under the foregoing authority, and no pupil shall be required by any public school teacher to attend and receive the religious instruction herein permitted. Should the opportunity thus given to teach religion be used by the priest, minister or religious teacher for the purpose of arousing disloyalty to the United States, or of discouraging the attendance of pupils at such public school, of creating a disturbance of public order, or of interfering with the discipline of the school, the Division Superintendent, subject to the approval of the General Superintendent of Public Instruction, may, after due investigation and hearing, forbid such offending priest, minister or religious teacher from entering the public school building thereafter.

SEC. 17. There shall be established and maintained in the city of Manila a Normal School for the education of natives of the islands in the science of teaching. The rules and plan for the organization and conduct of such school and the qualifications of pupils entering the same, shall be determined by the General Superintendent of Public Instruction.

SEC. 18. There shall be established and maintained in the city of Manila a Trade School for the instruction of natives of the islands in the useful trades. The powers and duties of the General Superintendent in respect to this school shall be the same as those provided in the section in respect to the Normal School.

SEC. 19. There shall be established and maintained a School of Agriculture in the island of Negros. The Superior Advisory School Board shall recommend to the Commission for final determination a proper site for such school. The powers and duties of the General Superintendent in respect to this school shall be the same as those provided in the section concerning the Normal School.

SEC. 20. The General Superintendent of Public Instruction is authorized and directed, under the supervision of the Military Governor, to procure the making of plans and estimates for the creation of such school buildings as he may deem necessary and practicable at the present time, including a building or buildings for the Normal School in Manila and a building or buildings for the Trade School directed to be established in sections 17 and 18 hereof. The estimated cost of such buildings and their proper equipment shall not exceed four hundred thousand dollars ($400,000). Such plans and estimates shall be submitted to the Commission.

SEC. 21. The General Superintendent of Public Instruction is directed to prepare and submit to the Commission through the Military Governor a statement showing the text books and other supplies which will be needed for the year 1901, the estimated cost of which shall not exceed the sum of two hundred and twenty thousand dollars ($220,000).

SEC. 22. The sum of twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated for the organization and maintenance of the Normal School in Manila for the year 1901.

SEC. 23. The sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, for the organization and maintenance of the Trade School in Manila for the year 1901.

SEC. 24. The sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for the organization and maintenance of the School of Agriculture for the year 1901. SEC. 25. Nothing in this act shall be construed in any way to forbid, impede or obstruct the establishment and maintenance of private schools.

SEC. 26. Whenever sums of money are mentioned in this act, they shall be understood to be money of the United States. SEC. 27. This act shall take effect on its passage. Enacted, January 21, 1901.

[No. 75.]

AN ACT providing a remedy against judgments obtained in courts of first instance by fraud, accident, or mistake.

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

SECTION 1. When a judgment has been rendered by a court of first instance, and any party to the action has been unjustly deprived of his

day in court and the opportunity to be heard thereon, by fraud, accident, mistake or excusable negligence, or has been prevented from entering an appeal from such judgment by fraud, accident, mistake or excusable negligence, the Supreme Court sitting in banc may, in its discretion, and on reasonable terms, reverse and set aside the judgment so rendered, provided the party so aggrieved shall make application, as hereinafter provided, to the Supreme Court, within sixty days after the passage of this act, if the judgment of which complaint is made has been rendered since the 13th day of August, 1898, and prior to the passage of this act, and has not been fully executed, and within sixty. days after he first knows that such judgment has been rendered against him, in case the judgment complained of shall be rendered after the passage of this act.

SEC. 2. The person aggrieved by a judgment obtained in the manner stated in the preceding section, may, within the time there limited, file his petition in the Supreme Court, stating the fact of the rendition of such judgment nd the circumstances constituting the fraud, accident, mistake or excusable negligence relied upon as ground for relief, and praying that such judgment may be reversed and set aside, and the cause be determined upon its merits. Upon the filing of such petition in the Supreme Court, that court shall direct that reasonable notice of the pendency of such petition shall be served upon the adverse party, requiring him to appear before that court on a day named in the notice, to make his defense to the petition. Upon the day named, unless a postponement is granted for good cause shown, the merits of the petition shall be summarily heard without further pleadings, upon evidence orally produced by the parties before the court. If the court shall find that the facts set forth in the petition are true, and that the petitioner is entitled to relief, the judgment complained of shall be reversed and set aside, and shall thereafter be of no validity, in cases where the petitioner has been unjustly deprived of his day in court and the opportunity to be heard thereon, by fraud, accident, mistake or excusable negligence; and shall grant the appeal and proceed to hear and determine the appeal upon its merits, and make the necessary orders therein, as if the same had been regularly brought to said court by appeal, in cases where the petitioner has been prevented from entering an appeal by fraud, accident, mistake or excusable negligence.

SEC. 3. At the time of filing such complaint, or at any time thereafter before the final hearing, any judge of the Supreme Court may, on motion, grant an injunction restraining the party in whose favor such judgment has been rendered, his agents and attorneys, and the Judge of the Court of First Instance who rendered the judgment complained of, from any proceedings to enforce the same, until the further order of the Supreme Court in the premises, which injunction shall be served in such manner as the judge granting it shall direct; but the judge, before issuing such injunction, may, in his discretion, require from the party upon whose application the same is granted, an obligation to the other party, with sufficient sureties to be approved by the judge, and conditioned that if the petitioner fails to prosecute his petition to effect, or finally to prevail therein, he will pay the adverse party the intervening damages and costs accruing to him by reason of such injunction. The damages, if any, accruing under this section, shall be assessed by the Supreme Court and included in its final judgment on the petition. The Supreme Court may issue and enforce any

other orders which in its judgment may be necessary to accomplish the full purpose of this act. A violation of the injunction so granted may be punished by imprisonment of the parties so violating it, at the discretion of the court, and the acts done in violation of such injunction shall be unlawful and of no validity.

SEC. 4. This act shall be construed not technically, but liberally, so as to secure to the fullest extent the right of fair trial and appeal. SEC. 5. This act shall take effect on its passage. Enacted, January 22, 1901.

[No. 76.]

AN ACT conferring admiralty jurisdiction upon provost courts. By the authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. Admiralty jurisdiction over all maritime contracts, torts, injuries or offenses, is hereby conferred upon the several provost courts organized and existing in the open ports of the Philippine Islands, under authority of the Military Governor. This jurisdiction shall be exercised in each particular case by the provost court existing at the port wherein the vessel is lying at the time of the institution of the proceedings in relation to which controversy arises. So much of General Order No. 64, issued from the Office of the United States Military Governor in the Philippine Islands, on December 5, 1899, as declares the ordinary civil courts competent to take cognizance of offenses in admiralty is hereby repealed. The jurisdiction herein conferred shall apply to maritime contracts, torts, injuries, or offenses heretofore made or committed, as well as to such controversies hereafter arising. SEC. 2. The civil jurisdiction of the provost.courts in admiralty shall be exercised in the manner provided by General Order No. 23, of the Military Governor, issued on June 24, 1899, and its decisions shall be governed by the rules therein stated; but the provost courts shall not have jurisdiction of civil causes in which the demand or value of the property in controversy exceeds twenty-five hundred dollars in United States money. In case a civil controversy in admiralty arises, where the amount of the demand or the value of the property in controversy exceeds twenty-five hundred dollars, the courts of first instance shall have jurisdiction thereof.

SEC. 3. The criminal jurisdiction of provost courts in admiralty shall extend to all crimes and offenses committed on shipboard or on water craft of any kind on the high seas, or beyond the jurisdiction of any country, or within any of the navigable waters of the Philippine Archipelago. Punishment imposed in the exercise of the criminal jurisdiction shall be governed by the rules stated in General Order No. 72, issued by the Military Governor, on December 24, 1899, and the procedure shall be as stated in that order.

SEC. 4. Immediately upon the rendition of a judgment in a proceeding, civil or criminal, in admiralty, the court shall deliver a transcript of the proceedings to the Military Governor, in case such proceedings were had in a court located at Manila, and the Military Governor shall thereupon approve, modify or annul the judgment, as in his judgment 10890-01-9

equity may require. But if the proceedings were had in a court located at another port in the Philippine Islands, the transcript shall forthwith be delivered to the commanding general of the department in which the court is located, who shall approve, modify or annul the judgment, as in his judgment equity may require. But in the latter case, the commanding general of the department may, if in his opinion the case is of sufficient importance to warrant such a course, and delay would not be unreasonably injurious to the parties, remit the transcript to the Military Governor and be governed by his directions in approving, modifying or annulling the judgment. Nothing herein contained shall be deemed to restrict the right of the Military Governor to mitigate or remit any sentence imposed by a provost court in the exercise of the criminal jurisdiction in admiralty herein provided. SEC. 5. This act shall take effect on its passage. Enacted, January 24, 1901.

[No. 77.]

AN ACT amending section 1 of the act creating the metropolitan police force of

Manila.

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

SECTION 1. The act entitled "An act providing for the organization of three companies of police for the city of Manila and neighboring towns," is hereby amended by striking out the words "American volunteer soldiery now serving" in section 1 thereof, and inserting in lieu the words "honorably discharged soldiers and sailors of the United States who are now serving or have served."

SEC. 2. This act shall take effect on its passage.
Enacted, January 26, 1901.

[No. 78.]

AN ACT declaring all persons in arms against the authority of the United States in the Philippine Islands, and all persons aiding or abetting them, on the first day of April1 901, or thereafter, ineligible to hold office.

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

SECTION 1. All persons who on the first day of April, 1901, or thereafter, shall be in arms against the authority and sovereignty of the United States in the Philippine Islands, and all persons aiding or abetting them on or after said date, are hereby declared ineligible to hold any office of honor, trust or profit in the Philippine Islands.

SEC. 2. Section fifteen of the Civil Service Act is hereby amended by inserting after the last word of the said section the following "provided, however, that no person shall be eligible for examination or appointment under the provisions of this act, who shall be, on or after the first day of April, 1901, in arms against the authority of the United States in the Philippine Islands, or who shall thereafter give aid and comfort to the enemies of the United States, so in arms.' SEC. 3. This act shall take effect on its passage.

Enacted, January 26, 1901.