THE PHILIPPINE BILL OF JULY 1, 1902

twelfth, eighteen hundred and ninety-eight,

ACT OF CONGRESS OF JULY FIRST, NINETEEN HUNDRED
whereby a land of duties and taxes as set
AND TWO, "THE PHILIPPINE BILL." AN ACT TEMPORARILY
forth by said order was to be levied and
TO PROVIDE FOR THE ADMINISTRATION OF THE AFFAIRS
collected at all ports and places in the
OF CIVIL GOVERNMENT IN THE PHILIPPINE ISLANDS, AND
Philippine Islands upon passing into the
FOR OTHER PURPOSES.
occupation and possession of the forces of
   
the United States, together with the
Section 1.  That the action of the President
subsequent amendments of said order, are
of the United States in creating the
hereby approved, ratified, and confirmed,
Philippine Commission and authorizing
and the actions of the authorities of the
said Commission to exercise the powers of
Government of the Philippine Islands taken
government to the extent and in the manner
in accordance with the provisions of said
and form and subject to the regulation and
order and subsequent amendments, are
control set forth in the instructions of the
hereby approved: Provided, That nothing
President to the Philippine Commission,
contained in this section shall be held to
dated April seventh, nineteen hundred, and
amend or repeal an Act entitled "An Act
in creating the offices of Civil Governor
temporarily to provide revenue for the
and Vice-Governor of the Philippine
Philippine Islands, and for other purposes,"
Islands, and authorizing said Civil
approved March eighth, nineteen hundred
Governor and Vice-Governor to exercise
and two.
the powers of government to the extent and
Sec. 3.  That the President of the United
in the manner and form set forth in the
States, during such time as and whenever
Executive order dated June twenty-first,
the sovereignty and authority of the United
nineteen hundred and one, and is
States encounter armed resistance in the
establishing four Executive Departments of
Philippine Islands, until otherwise provided
government in said Islands as set forth in
by Congress, shall continue to regulate and
the Act of the Philippine Commission
control commercial intercourse with and
entitled "An Act providing an organization
within said Islands by such general rules
for the Departments of the Interior, of
and regulations as he, in his discretion, may
Commerce and Police, of Finance and
deem more conducive to the public
Justice, and of Public Instruction," enacted
interests and the general welfare.chanrobles
September sixth, nineteen hundred and one,
virtual law library
is hereby approved, ratified, and confirmed,
Sec.  4.  That all inhabitants of the
and until otherwise provided by law the
Philippine Islands continuing to reside
said Islands shall continue to be governed
therein who were Spanish subjects on the
as thereby and herein provided, and all laws
eleventh day of April, eighteen hundred and
passed hereafter by the Philippine
ninety-nine, and then resided in the
Commission shall have an enacting clause
Philippine Islands, and their children born
as follows. "By authority of the United
subsequent thereto, shall be deemed and
States, be it enacted by the Philippine
held to be citizens of the Philippine Islands
Commission." The provisions of section
and as such entitled to the protection of the
eighteen hundred and ninety-one of the
United States, except such as shall have
Revised Statutes of eighteen hundred and
elected to preserve their allegiance to the
seventy eight shall not apply to the
Crown of Spain in accordance with the
Philippine Islands.  chanrobles virtual law
provisions of the treaty of peace between
library
the United States and Spain signed at Paris
Future appointments of Civil Governor,
December tenth, eighteen hundred and
Vice-Governor, members of said
ninety-eight.
Commission and heads of Executive
Sec.  5.  That no law shall be enacted in
Departments shall be made by the
said Islands which shall deprive any person
President, by and with the advice and
of life, liberty, or property without due
consent of the Senate. chanrobles virtual
process of law, or deny to any person
law library
therein the equal protection of the laws.
Sec. 2.  That the action of the President of
That in all criminal prosecutions the
the United States heretofore taken by virtue
accused shall enjoy the right to be heard by
of the authority vested in him as
himself and counsel, to demand the nature
Commander in Chief of the Army and
and cause of the accusation against him, to
Navy, as set forth in his order of July
have a speedy and public trial, to meet the
1 PH BILL 1902
 witnesses face to face, and to have profession and worship, without
compulsory process to compel the discrimination or preference, shall forever
attendance of witnesses in his behalf. be allowed.
That no person shall be held to answer for a That no money shall be paid out of the
criminal offense without due process of Treasury except in pursuance of an
law; and no person for the same offense appropriation by law.
shall be twice put in jeopardy of That the rule of taxation in said Islands
punishment, nor shall be compelled in any shall be uniform.
criminal case to be a witness against That no private or local bill which may be
himself. enacted into law shall embrace more than
That all persons shall before conviction be one subject, and that subject shall be
bailable by sufficient sureties, except for expressed in the title of the bill.
capital offenses. That no warrant shall issue but upon
That no law impairing the obligation of probable cause, supported by oath or
contracts shall be enacted. chanrobles affirmation, and particularly describing the
virtual law library place to be searched and the person or
That no person shall be imprisoned for things to be seized.
debt. chanrobles virtual law library That all money collected on any tax levied
That the privilege of the writ of habeas or assessed for a special purpose shall be
corpus shall not be suspended, unless when treated as a special fund in the Treasury and
in cases of rebellion, insurrection, or paid out for such purpose only.
invasion the public safety may require it, in Sec.  6.  That whenever the existing
either of which events the same may be insurrection in the Philippine Islands shall
suspended by the President, or by the have ceased and a condition of general and
Governor, with the approval of the complete peace shall have been established
Philippine Commission, wherever during therein and the fact shall be certified to the
such period the necessity for such President by the Philippine Commission,
suspension shall exist. the President, upon being satisfied thereof,
That no ex post facto law or bill of attainder shall order a census of the Philippine
shall be enacted. Islands to be taken by said Philippine
That no law granting a title of nobility shall Commission; such census in its inquiries
be enacted, and no person holding any relating to the population shall take and
office of profit or trust in said Islands, shall make so far as practicable full report for all
without the consent of the Congress of the the inhabitants, of name, age, sex, race, or
United States, accept any present, tribe, whether native or foreign born,
emolument, office, or title of any kind literacy in Spanish native dialect, or
whatever from any king, queen, prince, or language, or in English, school attendance,
foreign State. ownership of homes, industrial and social
That excessive bail shall not be required, statistics, and such other information
nor excessive fines imposed, nor cruel and separately for each island, each province,
unusual punishment inflicted. and municipality, or other civil division, as
That the right to be secure against the President and said Commission may
unreasonable searches and seizures shall deem necessary: Provided, That the
not be violated. President may, upon the request of said
That neither slavery, nor involuntary Commission, in his discretion, employ the
servitude, except as a punishment for crime service of the Census Bureau in compiling
whereof the party shall have been duly and promulgating the statistical information
convicted, shall exist in said above provided for, and may commit to
Islands. chanrobles virtual law library such Bureau any part or portion of such
That no law shall be passed abridging the labor as to him may seem wise. chanrobles
freedom of speech or of the press, or the virtual law library
right of the people peaceably to assemble Sec.  7.  That two years after the
and petition the Government for redress of completion and publication of the census,
grievances. chanrobles virtual law library in case such condition of general and
That no law shall be made respecting an complete peace with recognition of the
establishment of religion or prohibiting the authority of the United States shall have
free exercise thereof, and that the free continued in the territory of said Islands not
exercise and enjoyment of religious inhabited by Moros or other non-Christian
2 PH BILL 1902
 tribes and such facts shall have been sums appropriated in the last appropriation
certified to the President by the Philippine bills for such purposes shall be deemed to
Commission, the President upon being be appropriated; and until the Legislature
satisfied thereof shall direct Commission to shall act in such behalf the Treasurer may,
call, and the Commission shall call, a with the advice of the Governor, make the
general election for the choice of delegates payments necessary for the purposes
to a popular assembly of the people of said aforesaid.
territory in the Philippine Islands, which The Legislature may be called in special
shall be known as the Philippine Assembly. session at any time by the Civil Governor
After said Assembly shall have convened for general legislation, or for action on such
and organized, all the legislative power specific subjects as he may designate. No
heretofore conferred on the Philippine special session shall continue longer than
Commission in all that part of said Islands thirty days, exclusive of Sundays.
not inhabited by Moros or other non- The Assembly shall be the judge of the
Christian tribes shall be vested in a elections, returns, and qualifications of its
Legislature consisting of two Houses — the members. A majority shall constitute a
Philippine Commission and the Philippine quorum to do business, but a smaller
Assembly. Said Assembly shall consist of number may adjourn from day to day and
not less than fifty nor more than one may be authorized to compel the attendance
hundred members to be apportioned by said of absent members. It shall choose its
Commission among the provinces as nearly Speaker and other officers, and the salaries
as practicable according to population: of its members and officers shall be fixed
Provided, That no province shall have less by law. It may determine the rule of its
than one member: And provided further, proceedings, punish its members for
That provinces entitled by population to disorderly behavior, and with the
more than one member may be divided into concurrence of two-thirds expel a member.
such convenient district as the said It shall keep a journal of its proceedings,
Commission may deem best. which shall be published, and the yeas and
Public notice of such division shall be nays of the members on any question shall,
given at least ninety days prior to such on the demand of one-fifth of those present,
election, and the election shall be held be entered on the journal.
under rules and regulations to be prescribed Sec. 8.  That at the same time with the first
by law. The qualification of electors of meeting of the Philippine Legislature, and
such election shall be the same as is now biennially thereafter, there shall be chosen
provided by law in case of electors in by said Legislature, each House voting
municipal elections. The members of separately, two resident Commissioners to
Assembly shall hold office for two years the United States, who shall be entitled to
from the first day of January next following an official recognition as such by all
their election, and their successors shall be departments upon presentation to the
chosen by the people every second year President of a certificate of election by the
thereafter. No person shall be eligible to Civil Governor of said Islands, and each of
such election who is not a qualified elector whom shall be entitled to a salary payable
of the election district in which he may be monthly by the United States at the rate of
chosen, owing allegiance to the United five thousand dollars per annum, and two
States and twenty-five years of thousand dollars additional to cover all
age. chanrobles virtual law library expenses: Provided, That no person shall be
The Legislature shall hold annual sessions, eligible to such election who is not a
commencing on the first Monday of qualified elector of said Islands, owing
February in each year and continuing not allegiance to the United States, and who is
exceeding ninety days thereafter (Sundays not thirty years of age. chanrobles virtual
and holidays not included); Provided, That law library
the first meeting of the Legislature shall be Sec.  9.  That the Supreme Court and the
held upon the call of the Governor within Courts of First Instance of the Philippine
ninety days after the first election: And Islands shall possess and exercise
provided further, That if at the termination jurisdiction as heretofore provided and such
of any session the appropriations necessary additional jurisdiction as shall hereafter be
for the support of Government shall not prescribed by the Government of said
have been made, an amount equal to the Islands, subject to the power of said
3 PH BILL 1902
 Government to change the practice and and enforce regulations in regard thereto,
method of procedure. The municipal courts including bonded warehouses wherein
of said Islands shall possess and exercise articles not intended to be imported into
jurisdiction as heretofore provided by the said Islands nor mingled with the property
Philippine Commission, subject in all therein, but brought into a port of said
matters to such alteration and amendment Islands for reshipment to another country
as may be hereafter enacted by law; and the may be deposited in bond and reshipped to
Chief Justice and Associate Justices of the another country without the payment of
Supreme Court shall hereafter be appointed customs duties or charges. 
by the President, by and with the advice Sec.  12.  That all the property and rights
and consent of the Senate, and shall receive which may have been acquired in the
the compensation heretofore prescribed by Philippine Islands by the United States
the Commission until otherwise provided under the treaty of peace with Spain, signed
by Congress. The judges of the Court of December tenth, eighteen hundred and
First Instance shall be appointed by the ninety-eight, except such land or other
Civil Governor, by and with the advice and property as shall be designated by the
consent of the Philippine Commission: President of the United States for military
Provided, That the admiralty jurisdiction of and other reservations of the Government
the Supreme Court and Courts of First of the United States, are hereby placed
Instance shall not be changed except by Act under the control of the Government of said
of Congress. chanrobles virtual law library Islands, to be administered for the benefit
Sec.  10.  That the Supreme Court of the of the inhabitants thereof, except as
United States shall have jurisdiction to provided in this Act. chan robles virtual law
review, revise, reverse, modify, or affirm library
the final judgments and decrees of the Sec.  13.  That the Government of the
Supreme Court of the Philippine Islands in Philippine Islands, subject to the provisions
all actions, cases, causes, and proceedings of this Act and except as herein provided,
now pending therein or hereafter shall classify according to its agricultural
determined thereby in which the character and productiveness, and shall
Constitution or any statute, treaty, title, immediately make rules and regulations for
right, or privilege of the United States is the lease, sale, or other disposition of the
involved, or in causes in which the value in public lands other than timber or mineral
controversy exceeds twenty-five thousand lands, but such rules and regulations shall
dollars, or in which the title or possession not go into effect or have the force of law
of real estate exceeding in value the sum of until they have received the approval of the
twenty-five thousand dollars, to be President, and when approved by the
ascertained by the oath of either party or of President they shall be submitted by him to
other competent witnesses, is involved or Congress at the beginning of the next
brought in question; and such final ensuing session thereof and unless
judgments or decrees may and can be disapproved or amended by Congress at
reviewed, revised, reversed, modified, or said session they shall at the close of such
affirmed by said Supreme Court of the period have the force and effect of law in
United States on appeal or writ of error by the Philippine Islands: Provided, That a
the party aggrieved, in the same manner, single homestead entry shall not exceed
under the same regulations, and by the sixteen hectares in extent.
same procedure, as far as applicable, as the Sec.  14.  That the Government of the
final judgments and decrees of the Circuit Philippine Islands is hereby authorized and
Courts of the United States. empowered to enact rules and regulations
Sec.  11.  That the Government of the and to prescribe terms and conditions to
Philippine Islands is hereby authorized to enable persons to perfect their title to public
provide for the needs of commerce by lands in said Islands, who, prior to the
improving the harbors and navigable waters transfer of sovereignty from Spain to the
of said Islands and to construct and United States, had fulfilled all or some of
maintain in said navigable waters and upon the conditions required by the Spanish laws
the shore adjacent thereto bonded and royal decrees of the Kingdom of Spain
warehouses, wharves, piers, light-houses, for the acquisition of legal title thereto, yet
signal and life-saving stations, buoys, and failed to secure conveyance of title; and the
like instruments of commerce, and to adopt Philippine Commission is authorized to
4 PH BILL 1902
 issue patents, without compensation, to any of said Government and under such
native of said Islands, conveying title to regulations as it may prescribe.
any tract of land not more than sixteen All moneys obtained from lease or sale of
hectares in extent, which were public lands any portion of the public domain or from
and had been actually occupied by such licenses to cut timber by the Government of
native or his ancestors prior to and on the the Philippine Islands shall be covered into
thirteenth of August, eighteen hundred and the Insular Treasury and be subject only to
ninety-eight. appropriation for insular purposes
Sec.  15.  That the Government of the according to law.
Philippine Islands is hereby authorized and Sec.  18.  That the forest laws and
empowered, on such terms as it may regulations now in force in the Philippine
prescribe, by general legislation, to provide Islands, with such modifications and
for the granting or sale and conveyance to amendments as may be made by the
actual occupants and settlers and other Government of said Islands, are hereby
citizens of said Islands such parts and continued in force, and no timber lands
portions of the public domain, other than forming part of the public domain shall be
timber and mineral lands, of the United sold, leased, or entered until the
States in said Islands as it may deem wise, Government of said Islands, upon the
not exceeding sixteen hectares to any one certification of the Forestry Bureau that
person and for the sale and conveyance of said lands are more valuable for agriculture
not more than one thousand and twenty- than for forest uses, shall declare such lands
four hectares to any corporation or so certified to be agricultural in character:
association of persons: Provided, That the Provided, That the said Government shall
grant or sale of such lands, whether the have the right and is hereby empowered to
purchase price be paid at once or in partial issue licenses to cut, harvest, or collect
payments, shall be conditioned upon actual timber or other forest products on reserved
and continued occupancy, improvement, or unreserved public lands in said Islands in
and cultivation of the premises sold for a accordance with the forest laws and
period of not less than five years, during regulations hereinbefore mentioned and
which time the purchaser or grantee can not under the provisions of this Act, and the
alienate or encumber said land or the title said Government may lease land to any
thereto; but such restriction shall not apply person or persons holding such licenses,
to transfers of rights and title of inheritance sufficient for a mill site, not to exceed four
under the laws for the distribution of the hectares in extent, and may grant rights of
estates of decedents. way to enable such person or persons to get
Sec.  16.  That in granting or selling any access to the lands to which such licenses
part of the public domain under the apply.
provisions of the last preceding section, Sec.  19.  That the beneficial use shall be
preference in all cases shall be given to the basis, the measure, and the limit of all
actual occupants and settlers; and such rights to water in said Islands, and the
public lands of the United States in the Government of said Islands is hereby
actual possession or occupancy of any authorized to make such rules and
native of the Philippine Islands shall not be regulations for the use of water, and to
sold by said Government to any other make such reservations of public lands for
person without the consent thereto of said the protection of the water supply, and for
prior occupant or settler first had and other public purposes not in conflict with
obtained: Provided, That the prior right the provisions of this Act, as it may deem
hereby secured to an occupant of land, who best for the public good.
can show no other proof of title than Sec.  20.  That in all cases public lands in
possession, shall not apply to more than the Philippine Islands valuable for minerals
sixteen hectares in any one tract. chanrobles shall be reserved from sale, except as
virtual law library otherwise expressly directed by law. 
Sec.  17.  That timber, trees, forests, and Sec.  21.  That all valuable mineral deposits
forest products on lands leased or demised in public lands in the Philippine Islands,
by the Government of the Philippine both surveyed and unsurveyed, are hereby
Islands under the provisions of this Act declared to be free and open to exploration,
shall not be cut, destroyed, removed, or occupation, and purchase, and the land in
appropriated except by special permission which they are found to occupation and
5 PH BILL 1902
 purchase, by citizens of the United States, numbered two, and a statement of the
or of said Islands: Provided, That when on number of feet lying to the right and to the
any lands in said Islands entered and left of the line from post numbered one to
occupied as agricultural lands under the post numbered two, thus: "Initial post
provisions of this Act, but not patented, Direction of post numbered two _________
mineral deposits have been found, the feet of this claim lie on the right and
working of such mineral deposits is hereby ____________ feet on the left of the line
forbidden until the person, association, or from number one to number two post." All
corporation who or which has entered and the particulars required to be put on number
is occupying such lands shall have paid to one and number two posts shall be
the Government of said Islands such furnished by the locator to the provincial
additional sum or sums as will make the secretary, or such other officer as by the
total amount paid for the mineral claim or Philippine Government may be described
claims in which said deposits are located as mining recorder, in writing, at the time
equal to the amount charged by the the claim is recorded, and shall form a part
Government for the same as mineral of the record of the sum claim.
claims. chanrobles virtual law library Sec.  24.  That when a claim has been
Sec.  22.  That mining claims upon land located the holder shall immediately mark
containing veins or lodes of quartz or other the line between posts numbered one and
rock in place bearing gold, silver, cinnabar, two so that it can be distinctly seen. The
lead, tin, copper, or other valuable deposits, locator shall also place a post at the point
located after the passage of this Act, where he has found minerals in place, on
whether located by one or more persons which shall be written "Discovery post:"
qualified to locate the same under the Provided, That when the claim is surveyed
preceding section, shall be located in the the surveyor shall be guided by the records
following manner and under the following of the claim, the sketch plan on the back of
conditions: Any person so qualified the declaration made by the owner when
desiring to locate a mineral claim shall, the claim was recorded, posts numbered
subject to the provisions of this Act with one and two, and the notice on number one,
respect to land which may be used for initial post. chanrobles virtual law library 
mining, enter upon the same and locate a  
plot of ground measuring, where possible, Sec.  25.That it shall not be lawful to move
but not exceeding, one thousand feet in number one post, but number two post may
length by one thousand feet in breadth, in be moved by the deputy mineral surveyor
as nearly as possible a rectangular form; when the distance between posts numbered
that is to say: All angles shall be right one and two exceeds one thousand feet, in
angles, except in cases where a boundary order to place number two post one
line of a previously surveyed claim is thousand feet from number one post on the
adopted as common to both claims, but the line of location. When the distance between
lines need not necessarily be meridional. In posts numbered one and two is less than
defining the size of a mineral claim, it shall one thousand feet the deputy mineral
be measured horizontally, irrespective of surveyor shall have no authority to extend
inequalities of the surface of the ground. the claim beyond number two.
Sec.  23.  That a mineral claim shall be
marked by two posts placed as nearly as Sec.  26.  That the "location line" shall
possible on the line of the ledge or vein, govern the direction of one side of the
and the posts shall be numbered one and claim, upon which the survey shall be
two, and the distance between posts extended according to this Act.
numbered one and two shall not exceed one Sec.  27.  That the holder of a mineral claim
thousand feet, the line between posts shall be entitled to all minerals which may
numbered one and two to be known as the lie within his claim, but he shall not be
location line; and upon posts numbered one entitled to mine outside the boundary lines
and two shall be written the name given to of his claim continued vertically
the mineral claim, the name of the locator, downward: Provided, That this Act shall
and the date of the location. Upon post not prejudice the rights of claim owners nor
numbered one there shall be written, in claim holders whose claims have been
addition to the foregoing, "Initial post," the located under existing laws prior to this
approximate compass bearing of post Act.
6 PH BILL 1902
 Sec.  28.  That no mineral claim of the full nature or shape of the ground, it is
size shall be recorded without the impossible to mark the location line of the
application being accompanied by an claim as provided by this Act, then the
affidavit made by the applicant or some claim may be marked by placing posts as
person on his behalf cognizant of the facts nearly as possible to the location line, and
— that the legal notices and posts have noting the distance and direction such posts
been put up; that mineral has been found in may be from such location line, which
place on the claim proposed to be recorded; distance and direction shall be set out in the
that the ground applied for is unoccupied record of the claim.
by any other person. In the said declaration Sec.  31.  That every person locating a
shall be set out the name of the applicant mineral claim shall record the same with
and the date of the location of the claim. the provincial secretary or such other
The words written on the number one and officer as by the Government of the
number two posts shall be set out in full, Philippine Islands may be described as
and as accurate a description as possible of mining recorder of the district within which
the position of the claim given with the same is situated, within thirty days after
reference to some natural object or the location thereof. Such record shall be
permanent monuments. made in a book to be kept for the purpose
Sec.  29.  That no mineral claim which at in the office of the said provincial secretary
the date of its record is known by the or such other officer as by said Government
locator to be less than a full-sized mineral described as mining recorder, in which
claim shall be recorded without the word shall be inserted the name of the claim, the
"fraction" being added to the name of the name of each locator, the locality of the
claim, and the application being mine, the direction of the location line, the
accompanied by an affidavit or solemn length in feet, the date of location, and the
declaration made by applicant or some date of the record. A claim which shall not
person on his behalf cognizant of the facts: have been recorded within the prescribed
That the legal posts and notices have been period shall be deemed to have been
put up; that mineral has been found in place abandoned.
on the fractional claim proposed to be Sec. 32.  That in case of any dispute as to
recorded; that the ground applied for is the location of a mineral claim the title to
unoccupied by any other person. In the said the claim shall be recognized according to
declaration shall be set out the name of the the priority of such location, subject to any
applicant and the date of the location of the question as to the validity of the record
claim. The words written on the posts itself and subject to the holder having
numbered one and two shall be set out in complied with all the terms and conditions
full, and as accurate a description as of this Act.
possible of the position of the claim given. Sec.  33.  That no holder shall be entitled to
A sketch plan shall be drawn by the hold in his, its or their own name or in the
applicant on the back of the declaration, name of any other person, corporation or
showing as near as may be the position of association more than one mineral claim on
the adjoining mineral claims and the shape the same vein or lode.
and size, expressed in feet, of the claim or Sec.  34.  That a holder may at any time
fraction desired to be recorded: Provided, abandon any mineral claim by giving
That the failure on the part of the locator of notice, in writing, or such intention to
a mineral claim to comply with any of the abandon, to the provincial secretary or such
foregoing provisions of this section shall other officer as by the Government of the
not be deemed to invalidate such location, Philippine Islands may be described as
if upon the facts it shall appear that such mining recorder; and from the date of the
locator has actually discovered mineral in record of such notice all his interest in such
place on said location, and that there has claim shall cease.
been on his part a bona fide attempt to Sec.  35.  That proof of citizenship under
comply with the provisions of this Act, and the clauses of this Act relating to mineral
that the nonobservance of the formalities lands may consist in the case of an
hereinbefore referred to is not of a character individual, of his own affidavit thereof; in
calculated to mislead other persons desiring the case of an association of persons
to locate claims in the vicinity.  unincorporated, of the affidavit of their
Sec.  30.  That in cases where, from the authorized agent made on his own
7 PH BILL 1902
 knowledge or upon information and belief, deposits may be obtained in the following
and in case of a corporation organized manner: Any person, association, or
under the laws of the United States, or of corporation authorized to locate a claim
any State or Territory thereof, or of the under this Act, having claimed and located
Philippine Islands, by the filing of a a piece of land for such purposes, who has
certified copy of their charter or certificate or have complied with the terms of this Act
of incorporation. may file in the office of the provincial
Sec.  36.  That the United States Philippine secretary, or such other officer as by the
Commission or its successors may make Government of said Islands may be
regulations, not in conflict with the described as mining recorder of the
provision of this Act, governing the province wherein the land claimed is
location, manner of recording, and amount located, an application for a patent, under
of work necessary to hold possession of a oath showing such compliance, together
mining claim, subject to the following with a plat and field notes of the claim or
requirements: claims in common, made by or under the
On each claim located after the passage of direction of the Chief of the Philippine
this Act, and until a patent has been issued Insular Bureau of Public Lands, showing
therefor, not less than one hundred dollars' accurately the boundaries of the claim,
worth of labor shall be performed or which shall be distinctly marked by
improvements made during each year: monuments on the ground, and shall post a
Provided, That upon a failure to comply copy of such plat, together with a notice of
with these conditions the claim or mine such application for a patent, in a
upon which such failure occurred shall be conspicuous place on the land embraced in
open to relocation in the same manner as if such plat previous to the filing of the
no location of the same had ever been application for a patent, and shall file an
made, provided that the original locators, affidavit of at least two persons that such
their heirs, assigns, or legal representatives notice has been duly posted, and shall file a
have not resumed work upon the claim after copy of the notice in such office, and shall
failure and before such location. Upon the thereupon be entitled to a patent for the
failure of any one of several co-owners to land, in the manner following: The
contribute his proportion of the provincial secretary, or such other officer as
expenditures required thereby, the co- by the Philippine Government may be
owners who have performed the labor or described as mining recorder, upon the
made the improvements may, at the filing of such application, plat, field notes,
expiration of the year, give such delinquent notices, and affidavits, shall publish a
co-owner personal notice in writing or notice that such an application has been
notice by publication in the newspaper made, once a week for the period of sixty
published nearest the claim, and in two days, in a newspaper to be by him
newspapers published at Manila, one in the designated as nearest to such claim and in
English language and the other in the two newspapers published at Manila, one in
Spanish language, to be designated by the the English language and one in the
Chief of the Philippine Insular Bureau of Spanish language, to be designated by the
Public Lands, for at least once a week for Chief of the Philippine Insular Bureau of
ninety days, and, if at the expiration of Public Lands; and he shall also post such
ninety days after such notice in writing or notice in his office for the same period. The
by publication such delinquent shall fail or claimant at the time of filing this
refuse to contribute his proportion of the application, or at any time thereafter within
expenditure required by this section his the sixty days of publication, shall file with
interest in the claim shall become the the provincial secretary or such other
property of his co-owners who have made officer as by the Philippine Government
the required expenditures. The period may be described as mining recorder a
within which the work required to be done certificate of the Chief of the Philippine
annually on all unpatented mineral claims Insular Bureau of Public Lands that five
shall commence on the first day of January hundred dollars' worth of labor has been
succeeding the date of location of such expended or improvements made upon the
claim. chanrobles virtual law library claim by himself or grantors; that the plat is
Sec.  37.  That a patent for any land correct, with such further description by
claimed and located for valuable mineral such reference to natural objects or
8 PH BILL 1902
 permanent monuments as shall identify the question of the right of possession, and
claim, and furnish an accurate description prosecute the same with reasonable
to be incorporated in the patent. At the diligence to final judgment, and a failure so
expiration of the sixty days of publication to do shall be a waiver of his adverse claim.
the claimant shall file his affidavit, showing After such judgment shall have been
that the plat and notice have been posted in rendered the party entitled to the possession
a conspicuous place on the claim during of the claim, or any portion thereof, may,
such period of publication. If no adverse without giving further notice, file a certified
claim shall have been filed with the copy of the judgment roll with the
provincial secretary or such other officer as provincial secretary or such other officer as
by the Government of said Islands may be by the Government of the Philippine
described as mining recorder at the Islands may be described as mining
expiration of the sixty days of publication, recorder, together with the certificate of the
it shall be assumed that the applicant is Chief of the Philippine Insular Bureau of
entitled to a patent upon the payment to the Public Lands that the requisite amount of
provincial treasurer or the collector of labor has been expended or improvements
internal revenue of five dollars per acre and made thereon, and the description required
that no adverse claim exists, and thereafter in other cases, and shall pay to the
no objection from third parties to the provincial treasurer or the collector of
issuance of a patent shall be heard, except it internal revenue of the province in which
be shown that the applicant has failed to the claim is situated, as the case may be,
comply with the terms of this Act: five dollars per acre for his claim, together
Provided, That where the claimant for a with the proper fees, whereupon the whole
patent is not a resident of or within the proceedings and the judgment roll shall be
province wherein the land containing the certified by the provincial secretary or such
vein, ledge, or deposit sought to be patented other officer as by said Government may
is located, the application for patent and the described as mining recorder to the
affidavits required to be made in this Secretary of the Interior of the Philippine
section by the claimant for such patent may Islands, and a patent shall issue thereon for
be made by his, her, or its authorized agent the claim, or such portion thereof as the
where said agent is conversant with the applicant shall appear, from the decision of
facts sought to be established by said the court, rightly to possess. The adverse
affidavits.  claim may be verified by the oath of any
Sec.  38.  That applicants for mineral duly authorized agent or attorney in fact of
patents, if residing beyond the limits of the the adverse claimant cognizant of the facts
province or military department wherein stated; and the adverse claimant, if residing
the claim is situated, may make the oath or or at the time being beyond the limits of the
affidavit required for proof of citizenship province wherein the claim is situated, may
before the clerk of any court of record, or make oath to the adverse claim before the
before any notary public of any province of clerk of any court of record, or any notary
the Philippine Islands, or any other official public of any province or military
in said Islands authorized by law to department of the Philippine Islands, or any
administer oaths. other officer authorized to administer oaths
Sec. 39.  That where an adverse claim is where the adverse claimant may then be. If
filed during the period of publication it it appears from the decision of the court
shall be upon oath of the person or persons that several parties are entitled to separate
making the same, and shall show the and different portions of the claim, each
nature, boundaries, and extent of such party may pay for his portion of the claim,
adverse claim, and all proceedings, except with the proper fees, and file the certificate
the publication of notice and making and and description by the Chief of the
filing of the affidavits thereof, shall be Philippine Insular Bureau of Public Lands,
stayed until the controversy shall have been whereupon the provincial secretary or such
settled or decided by a court of competent other officer as by the Government of said
jurisdiction or the adverse claim waived. It Islands may be described as mining
shall be the duty of the adverse claimant, recorder shall certify the proceedings and
within thirty days after filing his claim, to judgment roll to the Secretary of the
commence proceedings in a court of Interior for the Philippine Islands, as in the
competent jurisdiction to determine the preceding case, and patents shall issue to
9 PH BILL 1902
 the several parties according to their Sec.  44.  That where placer claims are
respective rights. If in any action brought located upon surveyed lands and conform
pursuant to this section, title to the ground to legal subdivisions, further survey or plat
in controversy shall not be established by shall be required, and all placer mining
either party, the court shall so find, and claims located after the date of passage of
judgment shall be entered accordingly. In this Act shall conform as nearly as
such case costs shall not be allowed to practicable to the Philippine system of
either party, and the claimant shall proceed public-land surveys and the regular
in the office of the provincial secretary or subdivision of such surveys; but where
such other officer as by the Government of placer claims can not be conformed to legal
said Islands may be described as mining subdivisions, survey and plat shall be made
recorder or be entitled to a patent for the as on unsurveyed lands; and where by the
ground in controversy until he shall have segregation of mineral lands in any legal
perfected his title. Nothing herein contained subdivision a quantity of agricultural land
shall be construed to prevent the alienation less than sixteen hectares shall remain, such
of a title conveyed by a patent for a mining fractional portion of agricultural land may
claim to any person whatever. be entered by any party qualified by law for
Sec.  40.  That the description of mineral homestead purposes.
claims upon surveyed lands shall designate Sec.  45.  That where such person or
the location of the claim with reference to association, they and their grantors have
the lines of the public surveys, but need not held and worked their claims for a period
conform therewith; but where a patent shall equal to the time prescribed by the statute
be issued for claims upon unsurveyed of limitations of the Philippine Islands,
lands, the Chief of the Philippine Insular evidence of such possession and working of
Bureau of Public Lands in extending the the claims for such period shall be
surveys shall adjust the same to the sufficient to establish a right to a patent
boundaries of such patented claim thereto under this Act, in the absence of any
according to the plat or description thereof, adverse claim; but nothing in this Act shall
but so as in no case to interfere with or be deemed to impair any lien which may
change the location of any patented claim. have attached in any way whatever prior to
Sec.  41.  That any person authorized to the issuance of a patent.
enter lands under this Act may enter and Sec.  46.  That the Chief of the Philippine
obtain patent to lands that are chiefly Insular Bureau of Public Lands may
valuable for building stone under the appoint competent deputy mineral
provisions of this Act relative to placer surveyors to survey mining claims. The
mineral claims. chanrobles virtual law expenses of the survey of vein or lode
library claims and of the survey of placer claims,
Sec.  42.  That any person authorized to together with the cost of publication of
enter lands under this Act may enter and notices, shall be paid by the applicants, and
obtain patent to lands containing petroleum they shall be at liberty to obtain the same at
or other mineral oils and chiefly valuable the most reasonable rates, and they shall
therefor under the provisions of this Act also be at liberty to employ any such
relative to parcel mineral claims. deputy mineral surveyor to make the
Sec.  43.  That no location of a placer claim survey. The Chief of the Philippine Insular
shall exceed sixty-four hectares for any Bureau of Public Lands shall also have
association of persons, irrespective of the power to establish the maximum charges
number of persons composing such for surveys and publication of notices under
association, and no such location shall this Act; and in case of excessive charges
include more than eight hectares for an for publication he may designate any
individual claimant. Such locations shall newspaper published in a province where
conform to the laws of the United States mines are situated, or in Manila, for the
Philippine Commission, or its successors, publication of mining notices and fix the
with reference to public surveys, and rates to be charged by such paper; and to
nothing in this section contained shall the end that the Chief of the Bureau of
defeat or impair any bona fide ownership of Public Lands may be fully informed on the
land for agricultural purposes or authorize subject such applicant shall file with the
the sale of the improvements of any bona provincial secretary, or such other officer as
fide settler to any purchase. by the Government of the Philippine
10 PH BILL 1902
 Islands may be described as mining mine in connection therewith may also
recorder, a sworn statement of all charges receive a patent for his mill site as provided
and fees paid by such applicant for in this section. chanrobles virtual law
publication and surveys, and of all fees and library
money paid the provincial treasurer or the Sec.  49.  That as a condition of sale the
collector of internal revenue, as the case Government of the Philippine Islands may
may be, which statement shall be provide rules for working, policing, and
transmitted, with the other papers in the sanitation of mines, and rules concerning
case, to the Secretary of the Interior for the easements, drainage, water rights, right of
Philippine Islands.  way, right of Government survey and
Sec.  47.  That all affidavits required to be inspection, and other necessary means to
made under this Act may be verified before their complete development not
any officer authorized to administer oaths inconsistent with the provisions of this Act,
within the province or military department and those conditions shall be fully
where the claims may be situated, and all expressed in the patent. The Philippine
testimony and proofs may be taken before Commission or its successors are hereby
any such officer, and, when duly certified further empowered to fix the bonds of
by the officer taking the same, shall have deputy mineral surveyors.
the same force and effect as if taken before Sec.  50.  That whenever by priority of
the proper provincial secretary or such possession rights to the use of water for
other officer as by the Government of the mining, agricultural, manufacturing, or
Philippine Islands may be described as other purposes have vested and accrued and
mining recorder. In cases of contest as to the same are recognized and acknowledged
the mineral or agricultural character of land by the local customs, laws, and the
the testimony and proofs may be taken as decisions of courts, the possessors and
herein provided on personal notice of at owners of such vested rights shall be
least ten days to the opposing party; or if maintained and protected in the same, and
such party can not be found, then by the right of way for the construction of
publication at least once a week for thirty ditches and canals for the purposes herein
days in a newspaper to be designated by the specified is acknowledged and confirmed,
provincial secretary or such other officer as but whenever any person, in the
by said Government may be described as construction of any ditch or canal, injures
mining recorder published nearest to the or damages the possession of any settler on
location of such land and in two the public domain, the party committing
newspapers published in Manila, one in the such injury or damage shall be liable to the
English language and one in the Spanish party injured for such injury or damage.
language, to be designated by the Chief of Sec.  51.  That all patents granted shall be
the Philippine Insular Bureau of Public subject to any vested and accrued water
Lands; and the provincial secretary or such rights, or rights to ditches and reservoirs
other officer as by said Government may be used in connection with such water rights
described as mining recorder shall require as may have been acquired under or
proofs that such notice has been given. recognized by the preceding section.
Sec.  48.  That where nonmineral land not Sec.  52.  That the Government of the
contiguous to the vein or lode is used or Philippine Islands is authorized to establish
occupied by the proprietor of such vein or land districts and provide for the
lode for mining or milling purposes, such appointment of the necessary officers
nonadjacent surface ground may be wherever they may deem the same
embraced and included in an application for necessary for the public convenience, and
a patent for such vein or lode, and the same to further provide that in districts where
may be patented therewith, subject to the land offices are established proceedings
same preliminary requirements as to survey required by this Act to be had before
and notice as are applicable to veins or provincial officers shall be had before the
lodes; but no location of such nonadjacent proper officers of such land offices.
land shall exceed two hectares, and Sec.  53.  That every person above the age
payment for the same must be made at the of twenty-one years, who is a citizen of the
same rate as fixed by this Act for the United States, or of the Philippine Islands,
superficies of the lode. The owner of a or who has acquired the rights of a native of
quartz mill or reduction works not owning a said Islands under and by virtue of the
11 PH BILL 1902
 treaty of Paris, or any association of provisions thereof; and no member of any
persons severally qualified as above, shall, association which shall have taken the
upon application to the proper provincial benefit of such section shall enter or hold
treasurer, have the right to enter any quality any other lands under their provisions; and
of vacant coal lands of said Islands not all persons claiming under section fifty-
otherwise appropriated or reserved by eight shall be required to prove their
competent authority, not exceeding sixty- respective rights and pay for the lands filed
four hectares to such individual person, or upon within one year from the time
one hundred and twenty-eight hectares to prescribed for filing their respective claims;
such association, upon payment to the and upon failure to file the proper notice or
provincial treasurer or the collector of to pay for the land within the required
internal revenue, as the case may be, of not period, the same shall be subject to entry by
less than twenty-five dollars per hectare for any other qualified applicant.
such lands, where the same shall be situated Sec.  57.  That in case of conflicting claims
more than fifteen miles from any completed upon coal lands where the improvements
railroad or available harbor or navigable shall be commenced after the date of the
stream, and not less than fifty dollars per passage of this Act, priority of possession
hectare for such lands as shall be within and improvement, followed by proper filing
fifteen miles of such road, harbor, or and continued good faith, shall determine
stream: Provided, That such entries shall be the preference right to purchase. And also
taken in squares of sixteen or sixty-four where improvements have already been
hectares, in conformity with the rules and made prior to the passage of this Act,
regulations governing the public-land division of the land claimed may be made
surveys of the said Islands in plotting legal by legal subdivisions, which shall conform
subdivisions. as nearly as practicable with the
Sec.  54.  That any person or association of subdivisions of land provided for in this
persons, severally qualified as above Act, to include as near as may be the
provided, who have opened and improved, valuable improvements of the respective
or shall hereafter open and improve, any parties. The Government of the Philippine
coal mine or mines upon the public lands, Islands is authorized to issue all needful
and shall be in actual possession of the rules and regulations for carrying into
same, shall be entitled to a preference right effect the provisions of this and preceding
of entry under the preceding section of the sections relating to mineral lands. 
mines so opened and improved. Sec.  58.  That whenever it shall be made to
Sec.  55.  That all claims under the appear to the secretary of any province or
preceding section must be presented to the the commander of any military department
proper provincial secretary within sixty in the Philippine Islands that any lands
days after the date of actual possession and within the province are saline in character,
the commencement of improvements on the it shall be the duty of said provincial
land by the filing of a declaratory statement secretary or commander, under the
therefor; and where the improvements shall regulations of the Government of the
have been made prior to the expiration of Philippine Islands, to take testimony in
three months from the date of the passage reference to such lands, to ascertain their
of this Act, sixty days from the expiration true character, and to report the same to the
of such three months shall be allowed for Secretary of the Interior for the Philippine
the filing of a declaratory statement; and no Islands; and if, upon such testimony, the
sale under the provisions of this Act shall Secretary of the Interior shall find that such
be allowed until the expiration of six lands are saline and incapable of being
months from the date of the passage of this purchased under any of the laws relative to
Act. chanrobles virtual law library the public domain, then and in such case
Sec.  56.  That the three preceding sections said lands shall be offered for sale at the
shall be held to authorize only one entry by office of the provincial secretary or such
the same person or association of persons; other officer as by the said Government
and no association of persons, any member may be described as mining recorder of the
of which shall have taken the benefit of province or department in which the same
such sections, either as an individual or as a shall be situated, as the case may be, under
member of any other association, shall such regulations as may be prescribed by
enter or hold any other lands under the said Government and sold to the highest
12 PH BILL 1902
 bidder, for cash, at a price of not less than special tribunals for the determination of
three dollars per hectare; and in case such such controversies.
lands fail to sell when so offered, then the Authority for the Philippine Islands
same shall be subject to private sale at such Government to Purchase Lands of
office, for cash, at a price not less than Religious Orders and Others and Issue
three dollars per hectare, in the same Bonds for Purchase Price.
manner as other lands in the said Islands Sec.  63.  That the Government of the
are sold. All executive proclamations Philippine Islands is hereby authorized,
relating to the sales of public saline lands subject to the limitations and conditions
shall be published in only two newspapers, prescribed in this Act, to acquire, receive,
one printed in the English language and one hold, maintain, and convey title to real and
in the Spanish language, at Manila, which personal property, and may acquire real
shall be designated by said Secretary of the estate for public uses by the exercise of the
Interior. right of eminent domain.
Sec.  59.  That no Act granting lands to Sec.  64.  That the powers hereinbefore
provinces, districts, or municipalities to aid conferred in section sixty-three may also be
in the construction of roads, or for other exercised in respect of any lands,
public purposes, shall be so construed as to easements, appurtenances, and
embrace mineral lands, which, in all cases, hereditaments which, on the thirteenth of
are reserved exclusively, unless otherwise August, eighteen hundred and ninety-eight,
specially provided in the Act or Acts were owned or held by associations,
making the grant. chanrobles virtual law corporations, communities, religious
library orders, or private individuals in such large
Sec.  60.  That nothing in this Act shall be tracts or parcels and in such manner as in
construed to affect the rights of any person, the opinion of the Commission injuriously
partnership, or corporation having a valid, to affect the peace and welfare of the
perfected mining concession granted prior people of the Philippine Islands. And for
to April eleventh, eighteen hundred and the purpose of providing funds to acquire
ninety-nine, but all such concessions shall the lands mentioned in this section said
be conducted under the provisions of the Government of the Philippine Islands is
law in force at the time they were granted, hereby empowered to incur indebtedness,
subject at all times to cancellation by to borrow money, and to issue, and to sell
reason of illegality in the procedure by at not less than par value, in gold coin of
which they were obtained, or for failure to the United States of the present standard
comply with the conditions prescribed as value or the equivalent in value in money
requisite to their retention in the laws under of said Islands, upon such terms and
which they were granted: Provided, That conditions as it may deem best, registered
the owner or owners of every such or coupon bonds of said Government for
concession shall cause the corners made by such amount as may be necessary, said
its boundaries to be distinctly marked with bonds to be in denominations of fifty
permanent monuments within six months dollars or any multiple thereof, bearing
after this Act has been promulgated in the interest at a rate not exceeding four and a
Philippine Islands, and that any concessions half per centum per annum, payable
the boundaries of which are not so marked quarterly, and to be payable at the pleasure
within this period shall be free and open to of said Government after dates named in
exploration and purchase under the said bonds not less than five nor more than
provisions of this Act. thirty years from the date of their issue,
Sec.  61.  That mining rights on public together with interest thereon, in gold coin
lands in the Philippine Islands shall, after of the United States of the present standard
the passage of this Act, be acquired only in value or the equivalent in value in money
accordance with its provisions. of said Islands; and said bonds shall be
Sec.  62.  That all proceedings for the exempt from the payment of all taxes or
cancellation of perfected Spanish duties of said Government, or any local
concessions shall be conducted in the authority therein, or of the Government of
courts of the Philippine Islands having the United States, as well as from taxation
jurisdiction of the subject-matter and of the in any form by or under State, municipal, or
parties, unless the United States Philippine local authority in the United States or the
Commission, or its successors, shall create Philippine Islands. The moneys which may
13 PH BILL 1902
 be realized or received from the issue and thereon not to exceed five per centum per
sale of said bonds shall be applied by the annum: Provided, That the entire
Government of the Philippine Islands to the indebtedness of any municipality under this
acquisition of the property authorized by section shall not exceed five per centum of
this section, and to no other the assessed valuation of the property in
purposes. chanrobles virtual law library said municipality and any obligation in
Sec. 65.  That all lands acquired by virtue excess of such limit shall be null and void.
of the preceding section shall constitute a
part and portion of the public property of Sec.  67.  That all municipal bonds shall be
the Government of the Philippine Islands, in denominations of fifty dollars, or any
and may be held, sold, and conveyed, or multiple thereof, bearing interest at a rate
leased temporarily for a period not not exceeding five per centum per annum,
exceeding three years after their acquisition payable quarterly, such bonds to be payable
by said Government on such terms and at the pleasure of the Government of the
conditions as it may prescribe, subject to Philippine Islands, after dates named in said
the limitations and conditions provided for bonds not less than five nor more than
in this Act: Provided, That all deferred thirty years from the date of their issue,
payments and the interest thereon shall be together with the interest thereon, in gold
payable in the money prescribed for the coin of the United States of the present
payment of principal and interest of the standard of value, or its equivalent in value
bonds authorized to be issued in payment of in money of the said Islands: and said
said lands by the preceding section and said bonds shall be exempt from the payment of
deferred payments shall bear interest at the all taxes or duties of the Government of the
rate borne by the bonds. All moneys Philippine Islands, or any local authority
realized or received from sales or other therein, or the Government of the United
disposition of said lands or by reason States.
thereof shall constitute a trust fund for the Sec.  68.  That all moneys which may be
payment of principal and interest of said realized or received from the issue and sale
bonds, and also constitute a sinking fund of said bonds shall be utilized under
for the payment of said bonds at their authorization of the Government of the
maturity. Actual settlers and occupants at Philippine Islands in providing the
the time said lands are acquired by the municipal improvements and betterment
Government shall have the preference over which induced the issue and sale of said
all others to lease, purchase, or acquire their bonds, and for no other purpose.
holdings within such reasonable time as Sec.  69.  That the Government of the
may be determined by said Government.  Philippine Islands shall, by the levy and
  collection of taxes on the municipality, its
Municipal Bonds for Public Improvements inhabitants and their property, or by other
  means, make adequate provision to meet
the obligation of the bonds of such
Sec.  66.  That for the purpose of providing municipality, and shall create a sinking
funds to construct sewers, to furnish fund sufficient to retire them and pay the
adequate sewer and drainage facilities, to interest thereon in accordance with the
secure a sufficient supply of water, and to terms of issue: Provided, That if said bonds
provide all kinds of municipal betterments or any portion thereof shall be paid out of
and improvements in municipalities, the the funds of the Government of said
Government of the Philippine Islands, Islands, such municipality shall reimburse
under such limitations, terms, and said Government for the sum thus paid, and
conditions as it may prescribe, with the said Government is hereby empowered to
consent and approval of the President and collect said sum by the levy and collection
the Congress of the United States, may of taxes on such municipality.
permit any municipality of said Islands to Sec.  70.  That for the purpose of providing
incur indebtedness, borrow money, and to funds to construct sewers in the city of
issue and sell (at not less than par value in Manila and to furnish it with an adequate
gold coin of the United States) registered or sewer and drainage system and supply of
coupon bonds in such amount and payable water the Government of the Philippine
at such time as may be determined by the Islands, with the approval of the President
Government of said Islands, with interest of the United States first had, is hereby
14 PH BILL 1902
 authorized to permit the city of Manila to
incur indebtedness, to borrow money, and Sec.  74.  That the Government of the
to issue and sell (at not less than par value Philippine Islands may grant franchises;
in gold coin of the United States), upon privileges, and concessions, including the
such terms and conditions as it may deem authority to exercise the right of eminent
best, registered or coupon bonds of the city domain for the construction and operation
of Manila to an amount not exceeding four of works of public utility and service, and
million dollars, lawful money of the United may authorize said works to be constructed
States, payable at such time or times as may and maintained over and across the public
be determined by said Government, with property of the United States, including
interest thereon not to exceed five per streets, highways, squares, and
centum per annum. reservations, and over similar property of
Sec.  71.  That said coupon or registered the Government of said Islands, and may
bonds shall be in denominations of fifty adopt rules and regulations under which the
dollars or any multiple thereof, bearing provincial and municipal governments of
interest at a rate not exceeding five per the Islands may grant the right to use and
centum per annum, payable quarterly, such occupy such public property belonging to
bonds to be payable at the pleasure of the said provinces or municipalities: Provided,
Government of the Philippine Islands, after That no private property shall be taken for
dates named in said bonds not less than five any purpose under this section without just
nor more than thirty years from the date of compensation paid or tendered therefor,
their issue, together with the interest and that such authority to take and occupy
thereon in gold coin of the United States of land shall not authorize the taking, use, or
the present standard value, or the equivalent occupation of any land except such as is
in value in money of the said Islands; and required for the actual necessary purposes
said bonds shall be exempt from the for which the franchise is granted, and that
payment of all taxes or duties of the no franchise, privilege, or concession shall
Government of the said Islands, or of any be granted to any corporation except under
local authority therein, or of the the conditions that it shall be subject to
Government of the United States. amendment, alteration, or repeal by the
Sec.  72.  That all moneys which may be Congress of the United States, and that
realized or received from the issue and sale lands or rights of use and occupation of
of said bonds shall be utilized under lands thus granted shall revert to the
authorization of said Government of the Governments by which they were
Philippine Islands in providing a suitable respectively granted upon the termination
sewer and drainage system and adequate of the franchises and concession under
supply of water for the city of Manila and which they were granted or upon their
for no other purpose. chanrobles virtual law revocation or repeal. That all franchises,
library privileges, or concessions granted under
Sec.  73.  That the Government of the this Act shall forbid the issue of stock or
Philippine Islands shall, by the levy and bonds except in exchange for actual cash,
collection of taxes on the city of Manila, its or for property at a fair valuation, equal to
inhabitants and their property, or by other the par value of the stock or bonds so
means, make adequate provision to meet issued; shall forbid the declaring of stock or
the obligation of said bonds and shall create bond dividends, and, in the case of public-
a sinking fund sufficient to retire them and service corporations, shall provide for the
pay the interest thereon in accordance with effective regulation of the charges thereof,
the terms of issue: Provided, That if said for the official inspection and regulation of
bonds or any portion thereof shall be paid the books and accounts of such
out of the funds of the Government of said corporations, and for the payment of a
Islands, said city shall reimburse said reasonable percentage of gross earnings
Government for the sum thus paid, and said into the Treasury of the Philippine Islands
Government is hereby empowered to or of the province or municipality within
collect said sum by the levy and collection which such franchises are granted and
of taxes on said city.  exercised: Provided further, That it shall be
  unlawful for any corporation organized
Franchises under this Act, or for any person, company,
  or corporation receiving any grant,
15 PH BILL 1902
 franchise, or concession from the use in said Islands, a coin of the
Government of said Islands, to use, employ, denomination of fifty centavos and of the
or contract for the labor of persons claimed weight of one hundred and ninety-two and
or alleged to be held in involuntary nine-tenths grains, a coin of the
servitude; and any person, company, or denomination of twenty centavos and of the
corporation so violating the provisions of weight of seventy-seven and sixteen one-
this Act shall forfeit all charters, grants, hundredths grains, and a coin of the
franchises, and concessions for doing denomination of ten centavos and of the
business in said Islands, and in addition weight of thirty-eight and fifty-eight one-
shall be deemed guilty of an offense, and hundredths grains, and the standards of said
shall be punished by a fine of not less than silver coins shall be such that of one
ten thousand dollars. thousand parts by weight nine hundred
shall be of pure metal and one hundred of
Sec. 75.  That no corporation shall be alloy, and the alloy shall be of copper.
authorized to conduct the business of Sec.  78.  That the subsidiary silver coins
buying and selling real estate or be authorized by the preceding section shall be
permitted to hold or own real estate except coined under the authority of the
such as may be reasonably necessary to Government of the Philippine Islands in
enable it to carry out the purposes for such amounts as it may determine, with the
which it is created, and every corporation approval of the Secretary of War of the
authorized to engage in agriculture shall by United States, from silver bullion
its charter be restricted to the ownership purchased by said Government, with the
and control of not to exceed one thousand approval of the Secretary of War of the
and twenty-four hectares of land; and it United States: Provided, That said
shall be unlawful for any member of a Government may in addition and in its
corporation engaged in agriculture or discretion recoin the Spanish-Filipino
mining and for any corporation organized dollars and subsidiary silver coins issued
for any purpose except irrigation to be in under the authority of the Spanish
any wise interested in any other corporation Government for use in said Islands into the
engaged in agriculture or in mining. subsidiary coins provided for in the
Corporations, however, may loan funds preceding section at such rate and under
upon real-estate security and purchase real such regulations as it may prescribe, and
estate when necessary for the collection of the subsidiary silver coins authorized by
loans, but they shall dispose of real state so this section shall be legal tender in said
obtained within five years after receiving Islands to the amount of ten
the title. Corporations not organized in the dollars. chanrobles virtual law library
Philippine Islands, and doing business Sec.  79.  That the Government of the
therein shall be bound by the provisions of Philippine Islands is also authorized to
this section so far as they are applicable.   issue minor coins of the denominations of
  one-half centavo, one centavo, and five
Coinage centavos, and such minor coins shall be
  legal tender in said Islands for amounts not
exceeding one dollar. The alloy of the five-
Sec.  76.  That the Government of the centavo piece shall be of copper and nickel,
Philippine Islands is hereby authorized to to be composed of three fourths copper and
establish a mint at the city of Manila, in one-fourth nickel. The alloy of the one-
said Islands, for coinage purposes, and the centavo and one-half-centavo pieces shall
coins hereinafter authorized may be coined be ninety-five per centum of copper and
at said mint. And the said Government is five per centum of tin and zinc, in such
hereby authorized to enact laws necessary proportions as shall be determined by said
for such establishment: Provided, That the Government. The weight of the five-
laws of the United States relating to mints centavo piece shall be seventy-seven and
and coinage, so far as applicable, are sixteen-hundredths grains troy, and of the
hereby extended to the coinage of said one-centavo piece eighty grains troy, and of
Islands. the one-half centavo piece forty grains troy.
Sec.  80.  That for the purchase of metal for
Sec.  77.  That the Government of the the subsidiary and minor coinage,
Philippine Islands is authorized to coin, for authorized by the preceding sections, an
16 PH BILL 1902
 appropriation may be made by the now in force, and any amendments thereof,
Government of the Philippine Islands from shall apply to vessels making voyages
its current funds, which shall be reimbursed either way between ports of the United
from the coinage under said sections; and States or its aforesaid possessions and ports
the gain or seigniorage arising therefrom in said Islands; and the provisions of law
shall be paid into the Treasury of said relating to the public health and quarantine
Islands. shall apply in the case of all vessels
Sec.  81.  That the subsidiary and minor entering a port of the United States or its
coinage hereinbefore authorized may be aforesaid possessions from said Islands,
coined at the mint of the Government of the where the customs officers at the port of
Philippine Islands at Manila, or departure shall perform the duties required
arrangements may be made by the said by such law of consular officers in foreign
Government with the Secretary of the ports.
Treasury of the United States for their Section three thousand and five, Revised
coinage at any of the mints of the United Statutes, as amended, and other existing
States, at a charge covering the reasonable laws concerning the transit of merchandise
cost of the work.chanrobles virtual law through the United States, shall apply to
library merchandise arriving at any port of the
Sec.  82.  That the subsidiary and minor United States destined for any of its insular
coinage hereinbefore authorized shall bear and continental possessions or destined
devices and inscriptions to be prescribed by from any of them to foreign countries.
the Government of the Philippines Islands, Nothing in this Act shall be held to repeal
and such devices and inscriptions shall or alter any part of the Act of March eighth,
express the sovereignty of the United nineteen hundred and two, aforesaid, or to
States, that it is a coin of the Philippine apply to Guam, Tutuila, or Manua, except
Islands, the denomination of the coin, and that section eight of an Act entitled "An Act
the year of the coinage. to revise and amend the tariff laws of the
Sec.  83.  That the Government of the Philippine Archipelago," enacted by the
Philippine Islands shall have the power to Philippine Commission on the seventeenth
make all necessary appropriations and all of September, nineteen hundred and one,
proper regulations for the redemption and and approved by an Act entitled "An Act
reissue of worn or defective coins and for temporarily to provide revenues for the
carrying out all other provisions of this Act Philippine Islands, and for other purposes,"
relating to coinage. approved March eighth, nineteen hundred
Sec.  84.  That the laws relating to entry, and two, is hereby amended so as to
clearance, and manifests of steamships and authorize the Civil Governor thereof in his
other vessels arriving from or going to discretion to establish the equivalent rates
foreign ports shall apply to voyages each of the money in circulation in said Islands
way between the Philippine Islands and the with the money of the United States as
United States and the possessions thereof, often as once in ten days. 
and all laws relating to the collection and
protection of customs duties not Sec.  85.  That the Treasury of the

inconsistent with the Act of Congress of Philippine Islands and such banking

March eighth, nineteen hundred and two, associations in said Islands with a paid-up

"temporarily to provide revenue for the capital of not less than two million dollars

Philippine Islands," shall apply in the case and chartered by the United States or any

of vessels and goods arriving from said State thereof as may be designated by the

Islands in the United States and its Secretary of War and the Secretary of the

aforesaid possessions. Treasury of the United States shall be

The laws relating to seamen on foreign depositories of public money of the United

voyages shall apply to seamen on vessels States, subject to the provisions of existing

going from the United States and its law governing such depositories in the

possessions aforesaid to said Islands, the United States: Provided,

customs officers there being for this

purpose substituted for consular officers in That the Treasury of the Government of

foreign ports. chanrobles virtual law library said Islands shall not be required to deposit

The provisions of chapters six and seven, bonds in the Treasury of the United States,

title forty-eight, Revised Statutes, so far as or to give other specific securities for the
17 PH BILL 1902
 safe-keeping of public money except as
prescribed, in his discretion, by the
Secretary of War. 
Sec. 86.  That all laws passed by the
Government of the Philippine Islands shall
be reported to Congress, which hereby
reserves the power and authority to annul
the same, and the Philippine Commission is
hereby directed to make annual report of all
its receipts and expenditures to the
Secretary of War. chanrobles virtual law
library 
 
Bureau of Insular Affairs
 

Sec.  87.  That the Division of Insular

Affairs of the War Department, organized
by the Secretary of War, is hereby
continued until otherwise provided, and
shall hereafter be known as the Bureau of
Insular Affairs of the War Department. The
business assigned to said Bureau shall
embrace all matters pertaining to civil
government in the island possessions of the
United States subject to the jurisdiction of
the War Department; and the Secretary of
War is hereby authorized to detail an
officer of the Army whom he may consider
especially well qualified, to act under the
authority of the Secretary of War as the
chief of said Bureau, and said officer while
acting under said detail shall have the rank,
pay, and allowances of a colonel.

Sec.  88.  That all Acts and parts of Acts

inconsistent with this Act are hereby
repealed.

18 PH BILL 1902