a municipal government is established in the City of Manila, all fees, costs and fines collected by Justices of the Peace in criminal actions in the city shall be paid into the Insular Treasury and the auditing of their statements, as provided in the preceding section, shall be by the Insular Treasurer, whose duties in this respect shall be the same as those of the auditing board provided in the preceding section; and the Justice fees in criminal prosecutions shall be paid from the Insular Treasury. After the organization of a municipal government in the city of Manila, all the provisions of the preceding section shall be applicable to it, as to other municipalities. SEC. 73. Fees to be only those prescribed by law.-No Justice of the Peace, clerk, or amanuensis thereof shall collect or receive any fee, except such as are prescribed in the fee bill embraced in the Code of Civil Procedure. SEC. 74. Bonds of justices.-Each Justice of the Peace, before entering upon the performance of his duties, shall execute a bond to the Insular Government, with sufficient surety, to be approved by the Provincial Treasurer, in the penal sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, and the payment of all sums of money that shall come into his hands by virtue of his office. The bond shall be filed with the Provincial Treasurer and remain in his custody, and a breach of it may be prosecuted in the name of the Insular Government for the benefit of any party in interest. SEC. 75. Officers of Justice Court.-Any deputy of the Governor or Sheriff of the Province is authorized to act as an officer of a Justice Court in the province, and to serve any process issuing from such Court. Process of such Court other than executions may also be served by any bailiff appointed by the Justice for that purpose, or by any policeman of the municipality. SEC. 76. Auxiliary justices.-There shall be appointed by the Philippine Commission, to hold office during the pleasure of the Commission, one auxiliary Justice of the Peace, for each municipality which has a Court of a Justice of the Peace, who shall preside in the Justice Court in the municipality in case of the absence, disqualification or disability of the Justice, and in case of the death of the Justice, until the successor to the deceased Justice shall have been appointed and qualified. The auxiliary Justice shall receive the fees that would have appertained to the office of the Justice during such time as he shall perform the duties of the Justice as herein provided, but shall receive no other compensation. SEC. 77. Clerks and justices to make annual reports. —The Clerk of the Supreme Court, and of every Court of First Instance, and every Justice of the Peace of the Islands shall, on or before February first of each year, make a full report concerning the business done in his Court for the year previous, to the Attorney General, upon forms to be prescribed by him. Such reports shall show the suits brought in each Court respectively, the suits dismissed by the plaintiff, and the suits decided during the previous calendar year, together with the suits pending at the close of the year, and the nature of the suits as to being civil or criminal. Each Clerk and Justice shall state the amount of costs received by him during the year. The Attorney General shall compile and analyze the reports thus made, and himself make a report to the Military Governor, to be transmitted to the Commission. SEC. 78. Jurisdiction of Provost Courts over civil actions repealed, and actions pending therein to be transferred.-All military orders, and all acts conferring upon Provost Courts in the Philippine Islands jurisdiction over civil actions, are hereby repealed. All civil actions now pending in the provost courts are hereby transferred to the proper tribunal in which they would have been brought under the provisions of this Act had this Act been in force at the time such actions were commenced, and the Supreme Court, Courts of the First Instance and Courts of the Justices of the Peace established by this act are authorized to try and determine the actions so transferred to them respectively from the Provost Courts, in the same manner and with the same legal effect as though such actions had originally been commenced in the Courts created by virtue of this Act. The criminal jurisdiction of Provost Courts shall not be affected by this Act. CHAPTER VI. NOTARIES PUBLIC. SEC. 79. Temporary provisions as to notaries public.-Until the enactment of a new system of registration of land titles, whereby Notaries Public shall no longer be the legal depositories of original instruments affecting titles to land, the notarial law of the Philippine Islands of February 5, 1889, its Regulations of April 11, 1890, and the general instructions for drafting instruments subject to record in the Philippines, of October 3, 1889, as recognized under the proclamation issued by the Major General commanding the United States Army in the Philippines, dated August 14, 1898, and as modified by General Order No. 40, issued from the office of the United States Military Governor, on September 23, 1899, and by General Order No. 20, issued from the office of the United States Military Governor on February 3, 1900, are continued in force, and persons authorized under said military orders and by appointments heretofore made by the Military Governor or the Commission to perform the duties of Notaries Public, will continue in the due performance thereof, in accordance with the laws, regulations, instructions, orders and modifications above set forth, unless such official shall be removed by the Commission. SEC. 80. Ultimate deposit of all original notarial documents.-Whenever a law shall have been duly enacted and become operative, establishing a new system of registration of land titles, as provided in the preceding section, it shall be the duty of every Notary Public within the Islands forthwith to deposit in the office of the keeper of the general archives of the Islands at Manila, whatever the final official title of that officer may be, all registers, files, original documents, protocols, and notarial instruments of every kind which are in his possession and custody, and it shall be the duty of such custodian of the general archives carefully to preserve all such registers, files, original documents protocols and notarial instruments of every kind, and when requested to do so by the persons interested, to issue a copy of any document so lodged with him, attesting the same under his official title, and with his seal of office. SEC. 81. Repeal of present notarial law.-After the enactment of a new system of registration of land titles, the notarial law of the Philippine Islands on February 5, 1889, its regulations of April 11, 1890, and the general instructions for drafting instruments subject to record in the Philippine Islands, of October 3, 1889, and the modifications thereof, by General Order No. 40, issued from the office of the United States Military Governor, on September 23, 1899, and by General Order No. 20, issued from the office of the Military Governor on February 3, 1900, shall be repealed and shall be of no effect after the date of such enactment, and thereafter appointments of Notaries Public and the performance of official duties by them shall be regulated by the subsequent provisions of this Act. SEC. 82. Appointment and removal of notaries public.-Judges of the Courts of First Instance may appoint, in their respective provinces, as many Notaries Public as the public good requires, and shall appoint at least one Notary Public for every organized municipality within the province, to hold their offices for two years from the first day of January of the year in which they are appointed, whose jurisdiction shall extend throughout the province, but not elsewhere. Clerks of Courts of First Instance shall be, by virtue of their office, Notaries Public. Notaries Public may be removed from office for good cause, by the judge or judges of the province or his successor in office. In the city of Manila, the Judges of the Supreme Court may appoint as many Notaries Public as the public good requires, and may remove them from office for good cause. Notaries so appointed shall hold their office for two years from the first day of January of the year in which they are appointed, and their jurisdiction shall extend throughout the city of Manila, but not elsewhere. SEC. 83. Commission.-The appointment of a Notary Public shall be in writing, signed by the Judge, and shall be substantially in the following form: "United States of America, Philippine Islands, in said province, was, .A. D., 19. appointed by me a Notary Public, within and for said province, for the term ending on the first day of January, A. D., 19.. Judge of the Court of First Instance for said Province." SEC. 84. Oath.-Every Notary Public, before entering upon his duties, shall take and subscribe the following oath or affirmation: I, solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties of the office of Notary Public within and for the province of according to the best of my ability and understanding, agreeably to the laws of the Philippine Islands; and that I recognize and accept the supreme authority of the United States in these Islands, and will maintain true faith and allegiance thereto; and that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion; so help me God." (The last four words to be stricken out in case of affirmation.) (Signature) "Subscribed and sworn to (or affirmed) before me, this day of ..... ..... 19.." The oath may be administered by the Judge, or any Justice of the Peace, and shall, together with the commission, be recorded in the 10890-01- --20 office of the Clerk of the Court of the province in which the Notary is appointed. SEC. 85. Certificate of appointment to be forwarded to the Secretary of the Chief Executive.-Clerks of Courts of First Instance shall make and forward to the Secretary of the Chief Executive of the Islands, a certificate of the appointment of Notaries Public made in their respective provinces, and with the terms of office, immediately after the commission and oath of office are recorded in said clerk's office, which certificate shall be recorded in the office of the Secretary of the Chief Executive. SEC. 86. Seal.-Each Notary Public shall have a seal of office, which shall be affixed to papers officially signed by him. The seal shall be procured by the Notary at his own expense, and shall have the name of the province and the words "Philippine Islands," and his own name, on the margin thereof, and the words "Notary Public” across the center. SEC. 87. Register of official acts.-Every Notary Public shall keep a register of all his official acts, and shall give a certified copy of his record, or any part thereof, to any person applying for it, and paying the legal fees therefor. SEC. 88. Powers of notary public.-Every Notary Public shall have power, within his province, to administer all oaths and affirmations provided for by law, in all matters incident to his notarial office, and in the execution of affidavits, depositions, and other documents requiring an oath, and to receive the proof or acknowledgment of all writings relating to commerce or navigation, such as bills of sale, bottomries, mortgages, and hypothecations of ships, vessels or boats, charter parties of affreightments, letters of attorney, deeds, mortgages, transfers and assignments of land or buildings, or an interest therein, and such other writings as are commonly proved or acknowledged before Notaries; to act as Magistrates, in writing of affidavits or depositions, and to make declarations and testify the truth thereof, under his seal of office, concerning all matters done by him by virtue of his office. SEC. 89. Record of protest of bills or notes.—When a Notary Public shall protest any draft, bill of exchange, or promissory note, he shall make a full and true record in his register or book kept for that purpose, of all his proceedings in relation thereto, and shall note therein whether the demand for the sum of money therein mentioned was made, of whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom, and in what manner; where the same was made, and when, and to whom, and where directed; and of every other fact touching the same. SEC. 90. To affix date of expiration of commission.-Notaries Public shall affix to all acknowledgments taken and certified by them, according to law, the date on which their commissions expire. SEC. 91. Unlawful certification.-Any Notary Public who shall wilfully affix his signature and seal as Notary Public to an instrument after the expiration of his commission, shall be guilty of a misdemeanor, and punished by fine not exceeding five hundred dollars or imprisonment for a period not exceeding one year, or both, in the discretion of the court. SEC. 92. When to take effect.-This Act shall take effect on June 16, 1901. Enacted, June 11, 1901. [No. 137.] AN ACT extending the provisions of "the Provincial Government act" to the Province of Rizal. By authority of the President of the United States, be it enacted by the United States Philippine Commission, that: SECTION 1. All the provisions of an act entitled "A General Act for the Organization of Provincial Governments in the Philippine Islands," enacted February 6, 1901, and its amendments shall apply to and govern the establishment of a provincial government in all that territory in the Island of Luzon, excepting the city of Manila, known as the Province of Manila, and the politico-military district of Morong, with such exceptions, modifications and supplementary provisions as are hereinafter contained. SEC. 2. The province hereby organized shall be known as the Province of Rizal. SEC. 3. The compensation to be paid provincial officers of the Province of Rizal shall be at the following rate per year, money of the United States: For the Provincial Governor, eighteen hundred dollars ($1,800); The salary of provincial officers shall be payable monthly so that one-twelfth (1) of the annual salary shall be paid on the last day of each calendar month. Each provincial officer shall be allowed his necessary and actual traveling expenses, not exceeding two and one-half dollars ($2.50) per day, while absent from the capital of the province on official business. The allowance shall be made by the Provincial Board upon the certificate of the officer that the travel was necessary for the public business, and shall not be paid until the account, accompanied by the resolution of the board approving the same, shall be forwarded to the Insular Treasurer and by him approved. SEC. 4. The bond of the Provincial Treasurer shall be ten thousand dollars ($10,000) until the first day of March, 1902, when, in view of the collection of the land tax, the Commission may require a new bond or an additional bond to cover the probable increase of the funds of which the Provincial Treasurer shall have custody at any one time. The bond to be given shall be conditioned to secure on the part of the Provincial Treasurer that he shall account for the internal revenue collections coming into his hands as Internal Revenue Collector; the taxes collected by him for each municipality; for the province; and for the Central Government. The form of the bond shall be prescribed by the Insular Treasurer. If, upon the request of the Commission, the Military Governor shall detail any military officer to fill a provincial office, no bond shall be required of him and no salary shall be paid him until after July 1, 1901. SEC. 5. The presidentes or alcaldes of the municipalities of the province shall meet on the third Monday in January, April, July and October to consider improvements needed in the province and for the provincial governments, and to make recommendations to the Provincial Board. The convention shall be called together by the Provincial Secretary, and shall elect a chairman for each quarter's |