with the same legal effect as though such actions had originally been commenced in said Courts of First Instance or Municipal Courts, provided nevertheless that nothing herein contained shall affect the jurisdiction of Provost Courts over purely military offenses.

SEC. 4. The public good requiring the speedy enactment of this act, the passage of the same is hereby expedited in accordance with Section 2, of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900.

SEC. 5. This act shall take effect at the same time as Act No. 183, incorporating the city of Manila.

Enacted, August 5, 1901.

[No. 187.]

AN ACT transferring the employés of the Manila Board of Health to the Board of Health for the Philippine Islands.

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

SECTION 1. All employés of the Manila Board of Health are hereby transferred to the the Board of Health for the Philippine Islands, at their present salaries.

SEC. 2. The Commissioner of Public Health shall report to the Commission at the earliest possible time a plan for the reorganization of the employés of the Board, with a view to increased efficiency and

economy.

66

SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with Section 2 of An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 4. This act shall take effect on its passage.

Enacted, August 5, 1901.

[No. 188.]

AN ACT authorizing the Civil Governor temporarily to take charge of all departments, bureaus or offices heretofore under the supervision of the Provost Marshal General of Manila and not provided for by the Charter of Manila.

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

SECTION 1. The Civil Governor is hereby authorized and directed temporarily, and until other provision shall he made by law, to provide for the administration of any department, bureau or office heretofore under the direction and supervision of the Provost Marshal General of the city of Manila, and not provided for in Act No. 183 incorporating the city of Manila, by the appointment of the necessary officers and employés of such department, bureau or office, or by assigning the administration of such department, bureau or office, to any officer of the Insular Government, or to any officer appointed under the Charter of the city of Manila.

SEC. 2. The Civil Governor is further authorized and directed to designate the officer of the city of Manila or of the Insular Government who shall receive and receipt for any funds or property now in the hands of the Provost Marshal General of Manila, or of any officer under his control, transfer of which is not otherwise provided for in the Charter of the city of Manila.

SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws." passed September 26, 1900. SEC. 4. This act shall take effect on its passage.

Enacted, August 6, 1901.

[No. 189.]

AN ACT providing for medical attendance on civil officers and employés and on their families.

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

SECTION 1. There shall be at Manila an Attending Physician and Surgeon and an Assistant Attending Physician and Surgeon for civil officers and employés and for their families.

SEC. 2. The Attending Physician and Surgeon shall be appointed by the Civil Governor, by and with the consent of the Commission. He shall receive compensation at the rate of three thousand dollars ($3,000.00) per year in currency of the United States, payable monthly. He shall keep his office at the Ayuntamiento, or at such other place as the Civil Governor shall designate, and shall be present therein from 10 a. m. to 1 p. m. daily, and shall there prescribe for all civil officers and employés, or members of their families, applying to him for treatment. He shall also there attend to minor surgical cases not requiring hospital treatment. Until such time as a public hospital for civilians shall be established at Manila, he shall perform major surgical operations for civil officers and employés and for members of their families in the operating room of the Women's Hospital, or at the homes of patients, as he may deem desirable. He shall hold himself in readiness at all times to respond to calls in consultation by the Assistant Attending Physician and Surgeon.

SEC. 3. The Assistant Attending Physician and Surgeon shall be appointed by the Attending Physician and Surgeon and Shall be under his immediate direction. He shall receive compensation at the rate of two thousand dollars ($2,000.00) per year in currency of the United States, payable monthly. He shall assist the Attending Physician and Surgeon in all major surgical operations and on all other occasions whenever requested to do so. He shall visit patients who, in the opinion of the Attending Physician and Surgeon, should be treated at their homes or in hospital, and shall answer night calls. Except in case of emergency, he shall be at the office from 2:30 p. m. to 5:30 p. m. daily.

SEC. 4. There shall be a properly equipped room for minor surgical operations and for dressings connected with the office.

SEC. 5. There shall be a dispensary connected with the office, where

the prescriptions of the Attending Physician and Surgeon and of the Assistant Attending Physician and Surgeon shall be filled without charge.

SEC. 6. The dispensary shall be in charge of a properly qualified dispensing clerk, who shall be appointed by the Attending Physician and Surgeon and shall receive compensation at the rate of one thousand, two hundred dollars ($1,200.00) per year in currency of the United States, payable monthly. He shall be at the dispensary from 8:30 a. m. to 1 p. m., from 3 p. m. to 5:30 p. m., and at such other hours as the Attending Physician and Surgeon may require. He shall assist the Attending Physician and Surgeon at operations whenever requested to do so.

SEC. 7. Civil officers and employés or members of their families who are not personally known to the Attending Physician and Surgeon shall, except in emergency cases, present notes of identification from the immediate heads of their several departments when they apply for medical treatment.

SEC. 8. The public good requiring the speedy enactment of this act, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900.

SEC. 9. This act shall take effect on its passage.

Enacted, August 6, 1901.

[No. 190.]

AN ACT providing a Code of Procedure in civil actions and special proceedings in the Philippine Islands.

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

PART I.

CHAPTER I.

GENERAL AND PRELIMINARY PROVISIONS.

SECTION 1. Interpretation of words. In the interpretation of this Code, unless the context shows that another sense was intended, the word "person" includes a private corporation; "writing" includes printing; oath" includes affirmation or other solemn declaration in such form as the Court shall find to be obligatory upon the conscience of the witness; "of unsound mind" includes every species of mental deficiency or derangement; bond" includes an undertaking or recog nizance; "and" may be read “or,” and “or” read “and," if the sense requires it; “writ" signifies an order or precept in writing issued in the name of the government, or of a Court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings; an "action" means an ordinary suit in a Court of Justice, by which one party prosecutes another for the enforcement or protection of a right, or the redress or prevention of a wrong; every other remedy furnished by law is a special proceeding; "pleadings" are

the formal allegations by the parties of their respective claims and defenses, for the judgment of the Court; words in the present tense include the future tense, and in the masculine gender include the feminine and neuter gender; and words in the plural include the singular, and in the singular include the plural number; the term "dollars" means the money of the United States and the term "pesos ̈ means Mexican or Insular currency.

The phrase "territory of the United States," or "territories of the United States," includes any body politic and any territorial possession under the jurisdiction of the United States.

But this enumeration shall not be construed to require a strict construction of other general words.

SEC. 2. Construction of code.—The provisions of this Code, and the proceedings under it, shall be liberally construed, in order to promote its object, and assist the parties in obtaining speedy Justice.

SEC. 3. Pourers of deputies.-The duty enjoined by statute upon a ministerial officer, and an act permitted to be done by him, may be performed by his lawful deputy.

SEC. 4. Hour time computed. Unless otherwise specially provided. the time within which an act is required by law to be done shall be computed by excluding the first day and including the last; and if the last be Sunday or a legal holiday it shall be excluded.

SEC. 5. Provisions concerning process.-Process shall be under the seal of the Court from which it issues, be styled "The United States of America, Philippine Islands, Province of ” to be signed

by the clerk and bear date the day it actually issued.

SEC. 6. Rules of Court.-The Judges of the Supreme Court shall prepare rules regulating the conduct of business in the Supreme Court and in the Courts of First Instance. The rules shall be uniform for all Courts of First Instance throughout the Islands. Such rules, when duly made and promulgated and not in conflict with the laws of the United States or of the Philippine Islands, shall be binding and must be observed, but no judgment shall be reversed by reason of a failure of the Court to comply with such rules unless the substantial rights of a party have been impaired by such failure.

SEC. 7. Stamped paper.-Stamped paper is not required for use in proceedings in any Court. But, for uniformity and convenience of folding and filing papers, the rules of Court may prescribe the size and form of sheets of paper to be used for all written and printed documents in legal proceedings.

SEC. 8. Disqualification of Judges.-No Judge, Magistrate, Justice of the Peace, Assessor, referee, or presiding officer of any tribunal shall sit in any cause or proceeding in which he is pecuniarily interested or related to either party within the sixth degree of consanguinity or affinity, computed according to the rules of the Civil law, nor in which he has been counsel, nor in which he has presided in any inferior judicature when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.

No challenge as to the competency of any of the officials named in this section shall be received or allowed, but if it be claimed that the official is disqualified by the provisions of this section, the party objecting to his competency may, in writing, file with the official his objection, stating the grounds therefor, and the official shall thereupon

proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal or stay of action shall be allowed from, or by reason of, his decision in favor of his own competency, until after final judgment in his Court.

SEC. 9. Civil liability of judges.-No Judge, Justice of the Peace or Assessor shall be liable to a civil action for the recovery of damages by reason of any judicial action or judgment rendered by him in good faith, and within the limits of his legal powers and jurisdiction.

SEC. 10. Publicity of proceedings and records. The sitting of every Court of justice shall be public, but any Court may, in its discretion, exclude the public when the testimony to be adduced is of so indecent a nature as to require such exclusion in the interests of morality. The records of every Court of justice shall be public records and available for the inspection of any party in interest, at all proper business hours, under the supervision of the clerk having the custody of such records, unless the Court shall in any special case have forbidden the publicity of the records in the interests of morality, by reason of their indecent character.

SEC. 11. Incidental powers of Courts.-Every Court shall have

power:

1. To preserve and enforce order in its immediate presence;

2. To enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;

3. To compel obedience to its judgments, orders and process and to the lawful orders of a judge out of Court, in an action or proceeding pending therein;

4. To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;

5. To compel the attendance of persons to testify in an action or proceeding pending therein;

6. To administer or cause to be administered oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers;

7. To amend and control its process and orders so as to make them conformable to law and justice.

SEC. 12. Official language.-The official language of all Courts and their records shall be the Spanish language, until the first day of January, 1906. After that date, English shall be the official language." But the Supreme Court, or any Court of First Instance, may, in its discretion, order a duplicate record in the English language to be made and duly enrolled in any action or proceeding, whenever the Court shall determine that such duplicate record would promote the public convenience and the interests of the parties.

Provided that any party or his counsel may examine or cross examine witnesses, or make an oral argument in English or a native dialect and the same shall be clearly interpreted into Spanish by a Court interpreter: and a party or his counsel may submit a written or printed pleading or brief in English or a native dialect, if at the same time he accompanies it by a correct Spanish translation; and provided further, that in cases in which all the parties or counsel stipulate in writing