bailable one as provided in General Order No. 58 of the Military Governor, series of 1900. If the accused shall deny his guilt then it shall be the duty of the Justice of the Peace to make preliminary investigation of the charge as speedily as may be consistent with right and justice, but in any event he must begin such investigation within three days of the time the accused was brought before him, unless the accused or complainant shall ask for delay in order that witnesses may be obtained, or for other good and sufficient reason, in which event a continuance for a reasonable time may be allowed. All witnesses, including the complainant, shall be examined under oath and the evidence of each shall be taken down in writing and signed by the witnesses so testifying. The witnesses offered on behalf of the Government or complainant shall be first examined and then those offered on behalf of the accused, who shall be present at every stage of the proceeding. The investigation shall be public and the witnesses shall be examined in the presence of the accused, who shall have a right, either in person or by counsel, to cross examine them if he so desires. The witnesses shall be examined separate and apart from each other if either party demands it. Upon conclusion of the evidence of the other witnesses, the accused may testify under oath, if he so desires, in which case he may be cross examined as any other witness. His evidence shall be reduced to writing and signed by him. If he refuses to sign the same, that fact shall be certified by the Justice of the Peace with the reason for such refusal given by the accused. But the accused shall not be compelled to testify against his wishes and the Justice of the Peace shall so inform the accused before he begins his evidence. In the event the accused declines to testify as a witness, that fact shall not be considered as evidence against him. Upon the conclusion of the preliminary investigation, if the Justice of the Peace is of the opinion that there is reasonable cause to believe that an offense has been committed and that the accused is guilty thereof, he shall so declare and shall adjudge that the accused be remanded to jail for safe keeping to await the action of the Judge or Court of First Instance, unless he give bail for his appearance if the case be bailable, as provided in General Order No. 58. On the other hand, if the Justice of the Peace be of the opinion that no crime has been committed or that there is no reasonable ground to believe the accused guilty thereof, the Justice of the Peace shall order the discharge of the accused. Such discharge, however, shall not operate as a final acquittal of the accused, but he may be again arrested and prosecuted for the same offense.

SEC. 3. In case there shall have been no Justice or Auxiliary Justice of the Peace appointed for any municipality, or in the event of the absence or inability to act of both the Justice and Auxiliary Justice of the Peace, the Presidente of such municipality is hereby vested with all the powers and jurisdiction conferred on Justices of the Peace by this act, to make preliminary investigation of criminal offenses charged against persons within the municipality of such Presidente, and shall make such preliminary investigations as Justices of the Peace are herein required to do, and with like effect, and shall be entitled to the same fees for his services.

SEC. 4. So much of section 50 of said General Order No. 58 as requires Courts of First Instance, or clerks thereof, to forward to the Supreme Court or the Ministerio Fiscal the record of all criminal cases for revision or consideration, except where the death penalty is

imposed as the judgment or part of the judgment of such Court of First Instance, is hereby repealed, and it shall not be necessary to forward to the Supreme Court or the Ministerio Fiscal the record, or any part thereof, of any case in which there shall have been an acquittal, or in which the penalty imposed is not death, unless such case shall have been duly appealed, as provided in such order. The records of all cases in which the death penalty shall have been imposed by any Court of First Instance, whether the defendant shall have appealed or not, shall be forwarded to the Supreme Court for investigation and judgment, as law and justice shall dictate.

SEC. 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 6. This act shall take effect on its passage. Enacted, August 10, 1901.

[No. 195.]

AN ACT to amend Act No. 90.

By authority of the President of the United States, and with the concurrence and approval of the Secretary of War first had, be it enacted by the United States Philippine Commission, that:

SECTION 1. Act No. 90 is hereby amended by striking out the words "Military Governor" and inserting in lieu thereof the words "Civil Governor" whenever the words occur in the act.

SEC. 2. Rule 33 of Act No. 90 is hereby amended so that it shall read as follows:

"Transfers of funds from one disbursing officer to another shall be made only upon the authority of the Civil Governor, the head of the proper civil department, or the officer commanding a Military Department or District, notice of which authorization shall be given forthwith to the Auditor by the Civil Governor or officer giving the authority. When there is a change in disbursing officers, the outgoing officer shall render an account in full, showing the disposition of his unexpended balance, whether transferred to his successor in accordance with the provisions herein contained or deposited with the Treasurer of the Islands."

SEC. 3. This act is passed in conformity with Executive Order of June 21, 1901, transferring certain executive powers from the Military Governor and from the Commission to the Civil Governor, and shall, in its operation relate to July 4, 1901, the date of the actual transfer of such powers, and nothing herein is to be construed as indicating that the said order of June 21st did not impliedly effect the result herein expressly provided by this act.

SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 5. This act shall take effect on its passage.

Enacted, August 12, 1901.

[No. 196.]

AN ACT authorizing the loan of twenty-five thousand dollars ($25,000) each, in money of the United States, to the provinces of Capiz, Ambos Camarines and Iloilo, for the purpose of enabling these provinces to construct roads and give employment to people suffering from a shortage in the rice supply, and appropriating the necessary amounts therefor.

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

WHEREAS, The people of Capiz and of that part of Ambos Camarines known as Camarines Sur, and of Iloilo, are threatened with starvation because of the cattle disease which has carried off ninety per cent. of the cattle and largely interfered with the raising of the rice in these provinces, which furnishes the chief support of the people thereof,

and

WHEREAS, It is possible by the construction of much needed roads in the pueblos of these provinces where the suffering and liability to starvation are greatest, to relieve the people from hunger and want, until conditions shall be improved. Now therefore:

SECTION 1. The provincial boards of the provinces of Capiz, Ambos Camarines and Iloilo, are each hereby authorized, by resolution, to borrow from the Insular Government the sum of twenty-five thousand dollars ($25,000), in currency of the United States, or any part thereof, to be expended under the supervision of the respective provincial boards, by the respective provincial supervisors, upon the construction of needed roads in those parts of the provinces in which the employment given by such construction, and the wages paid for the work thereunder, will relieve the people of the provinces from the danger of starvation. The amounts borrowed hereunder shall be spent for no other purpose than that stated herein. The sums thus borrowed shall be returned to the Insular Treasury by the respective provincial boards in yearly installments of one-fifth of the total amount, the first installments to be due two years from the respective dates of the passage of the resolutions herein authorized by the provincial boards. These loans shall be without interest.

SEC. 2. Such loans shall be made to the three provinces above named to the amount of twenty-five thousand dollars ($25,000) each, or any less sum to be fixed in the resolution of acceptance by the board of the provinces, upon the receipt of the resolution of the provincial board of each province, which shall be accompanied by a general plan and estimate of the provincial supervisor for the work to be performed, showing the towns between which the roads are to be constructed, the character of the roads, and the extent thereof. The amount loaned shall be paid to the Provincial Treasurer and receipted for by him and shall be by him disbursed upon orders of the Provincial Board as in other cases.

SEC. 3. There is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated the sum of seventy-five thousand dollars ($75,000) to comply with the provisions of this act.

SEC. 4. The Provincial Supervisor of each of said provinces shall, in addition to the reports he may make to the Provincial Board, also make a full quarterly report of work done by him or under his supervision by virtue of the provisions of this act.

SEC. 5. All sums paid from the Insular Treasury under this act shall be paid in insular currency at the rate of two dollars in insular currency for one dollar in currency of the United States.

SEC. 6. The public good requiring the speedy enactment of this appropriation bill, the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 7. This act shall take effect on its passage.

Enacted, August 12, 1901.

[No. 197.]

AN ACT amending section 12 of act No. 102 providing for employés in the office of the general superintendent of public instruction.

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

SECTION 1. The second paragraph of section 12, Act No. 102, and all amendments thereof are hereby amended to read as follows:

"There shall be employed in the office of the General Superintendent of Public Instruction, one chief clerk, class 4; one disbursing clerk, class 5; three clerks, class 8; four clerks, class 9; eight clerks, class 10; one clerk, class C; four packers, class K; and such laborers as may be approved by the Secretary of the Department 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 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 3. This act shall take effect on its passage.

Enacted, August 12, 1901.

[No. 198.]

AN ACT providing the method for furnishing official transportation to officers and employés of the insular, provincial and municipal governments in the city of Manila, and to and from the city of Manila from and to the provinces.

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

SECTION 1. After the first of September, 1901, all official transportation in the city of Manila, for the heads of departments and bureaus, or employés thereof, whether of the Insular Government or the Government of the City of Manila, shall be furnished in the following manner and no other:

The Insular Purchasing Agent shall, either from the horses and vehicles the property of the Insular Government which are now on hand, or by purchase, provide quileces or carromatas and horses and harnesses sufficient to provide for actual official needs of all the bureaus or departments, and shall station such vehicles and horses in front of the public buildings in which the departments or bureaus are, to be available during office hours for official use. The vehicles shall be in charge of an agent of the Purchasing Agent, who shall, upon application, assign a carromata or quilez for the particular service to be performed. SEC. 2. The Purchasing Agent shall provide a suitable stable and

carriage house in which to stable the horses and keep the vehicles at the expense of the Insular Government, and is authorized to employ the stable boss, drivers, stable boys and other employés necessary for this purpose.

SEC. 3. The Purchasing Agent shall on or before September first take possession of all horses and carriages now owned by the Insular Government and furnished for the official use of the heads of departments. or bureaus, or of employés thereof, and use such of them as are adapted to carry out the provisions of section 1 hereof. All two-horse carriages and harnesses and also such other vehicles and horses so owned and furnished as are not useful for the purposes of this act, he is authorized and directed to offer at public sale, to be sold to the highest bidder, after advertisement in two newspapers of Manila, one English and one Spanish, for ten days, and the proceeds shall be deposited in the Insular Treasury.

SEC. 4. It is the purpose and intent of this act that quileces and carromatas furnished hereunder shall be used only on official business and not for the convenience or private use of the officers and employés to whom they may be assigned, and in pursuance thereof, use of such vehicles after the usual office hours is strictly prohibited, unless necessity for such use on official business is certified to by the head of the bureau or department. Use of such vehicles for transportation to or from the residence of the head of the department or bureau, or that of any other officer or employé, to his office, in the morning, at noon or in the evening, is not to be regarded as official business and is expressly prohibited.

SEC. 5. In the case of the three members of the Municipal Board of Manila, the City Engineer, the Superintendent of Streets, of Water Supply, of Buildings, the Chief and Assistant Chief of the Fire Department, the Chief and Inspectors of Police, the Chief of the Secret Service, the Prosecuting Attorney, the City Attorney, the City Assessor and Collector, the Chief Deputy Assessor, the Chief Deputy Collector, the Sheriff of Manila, the Superintendent of School of Manila, the Chief Inspector of the Board of Health of the Philippine Islands, the Insular Purchasing Agent, the Local Buyer of the Insular Purchasing Agent, the Chief and First Assistant Chief of the Philippine Constabulary, the Cashier of the Custom House, and the Chief of the Stores Division of the Customs Service, and the Assistant Attending Physician for civil employés, who will have constant need of such vehicles for the discharge of their duties, a particular quilez or carromata may be assigned by the Purchasing Agent to be used for official purposes only, as those purposes are defined in section 4, to be stabled and cared for as other vehicles and horses in his charge.

SEC. 6. The Insular Purchasing Agent shall render property accounts to the Auditor for all property coming into his hands by virtue of this act.

SEC. 7. In submitting estimates for the necessary appropriations to carry out the provisions of the foregoing sections, the Purchasing Agent shall divide the expense between the City Government and the Insular Government in proper proportion, to enable the Commission to make the proper appropriations from city and insular funds.

SEC. 8. The Insular Purchasing Agent shall contract with the interisland transportation lines and with railroad companies for the trans