ments and for all other work as Clerk pertaining to any one estate, twelve dollars; but when any record of a final decree or judgment of the Court in a special proceeding, including an allowance of an account, or of an inventory of property, contains more than three hundred and fifty words, for each one hundred words in addition to three hundred and fifty words in such record, five cents. For all services as referee or as commissioner to take testimony under appointment by the Court, such sum as the Judge shall allow, but the allowance shall be proportionate to the other fees in this section provided. For certifying the official act of a Justice of the Peace or other certificate, with seal, twenty-five cents. For filing and recording all papers relating to an adoption, in each case of adoption, three dollars. For certified copies of any paper, record, decree, judgment or entry of which any person is entitled to demand and receive a copy, for each one hundred words, five cents. For all copies of record, or bills of exception, or testimony or of other documents for transmission to the Supreme Court, five cents for each one hundred words.

For a commission on all money coming into his hands by law or order of Court and caring for the same, one half of one per cent. on all sums not exceeding one thousand dollars, and one quarter of one per cent. upon all sums in excess of one thousand dollars, but not in excess of ten thousand dollars, and one eighth of one per cent. on all sums in excess of ten thousand dollars. For any other services as Clerk, not provided for in this section, if such there be, such sum as the Judges of the Supreme Court shall fix by general rules.

SEC. 789. Governors, Sheriffs, and other persons serving process.For executing process, preliminary and final judgments and decrees of any Court, for each mile of travel in the service of process, reckoned from the place of service to the place to which the process is returnable, six cents; for serving an attachment against the property of defendant, one dollar, together with a reasonable allowance to be made by the Court for expenses, if any, necessarily incurred in caring for the property attached; for arresting each defendant, fifty cents; for serving summons and copy of complaint for each defendant, one dollar; but if the complaint exceeds three hundred and fifty words, then for each additional one hundred words, five cents; but in special proceedings, testamentary or administrative, where several members of a family residing at the same place are defendants, the fee for each defendant shall be fifty cents; for serving subpoenas, for each witness served, ten cents besides travel fees; for each copy of any process necessarily deposited in the office of the registrar of deeds, five cents for each one hundred words, but not less than fifty cents in each case; for taking bonds or other instruments of indemnity or security, for each, twenty-five cents; for executing a writ of process to put a person in possession of real estate, one dollar; for attending with prisoner on habeas corpus trial, each day one dollar; for transporting each prisoner on habeas corpus or otherwise, when required, for every mile going and returning, ten cents; for furnishing food for prisoner, for each day, twenty cents; for advertising sale besides printer's charge, fifty cents; for taking inventory of goods levied upon, to be charged only when the inventory is necessary, a sum fixed by the Court not exceeding the actual reasonable cost of same to be shown by vouchers; for summoning assessors, six cents for each assessor summoned besides travel; for levying an execution on property, one dollar.

On all money collected by him by order or any decree, execution, attachment, or any other process, the following sums, to wit:

On the first one hundred dollars or less, two per centum; on the

second one hundred dollars, one and one half per centum; on all sums between two hundred dollars and one thousand dollars, one per centum; on all sums in excess of one thousand dollars, one half per centum.

SEC. 790. Justice of the Peace.-For each action tried, including entry of action, judgment and record and swearing all witnesses, one dollar; for each summons or subpoena containing one name, twenty cents; for each additional name therein, four cents; for issuing execution, twenty-five cents; for administering oath upon any affidavit or other paper with certificate of oath, twenty cents; for an appeal, with proceedings, taking bond, making and forwarding transcript of record, seventy-five cents; for each certificate not otherwise provided for, fifteen cents; for writing and certifying deposition, including the administration of oath to the witness, five cents for each one hundred words in the deposition and certificate; for certified copies of any record or proceeding of which any person is entitled to receive a copy, five cents for each one hundred words.

A Justice of the Peace upon receiving payment of fees allowed to him by law, must render to the person or persons so paying an itemized account thereof.

SEC. 791. Notaries Public.-Until the abolition of the existing Spanish notarial system and the establishment of a new system, as in this Code provided, Notaries Public shall receive compensation for their services as per fees provided by the Spanish law now in force. After the establishment of the new notarial system, Notaries Public shall receive the following fees only for their services:

For protesting bill or note for non-acceptance or non-payment and giving notice, seventy-five cents; for registering such protest and making record, twenty-five cents; for attesting letters of attorney with seal, twenty-five cents; for notarial affidavit to an account or other writing, with seal, twenty-five cents; for each oath or affirmation, with seal, twenty cents; for taking proof of debts to be sent abroad, twenty-five cents; for a certified copy of record and affidavit of its correctness, fifty cents; for writing depositions and affidavits, five cents for each one hundred words; for taking proof or acknowledgment of any writing concerning real or personal estate and certificate thereof, for each party, twenty-five cents.

SEC. 792. Other officers taking depositions.-Other officers taking depositions shall receive the same compensation as above provided for Notaries Public for taking and certifying depositions.

SEC. 793. Witness fees.-Witnesses in the Supreme Court and in Courts of First Instance, either in actions or special proceeding, shall be entitled to one peso per day and five cents for each mile going to the place of trial from their homes by the nearest route of usual travel; but mileage shall be charged but once in the action unless witness is compelled to attend more than one term of Court, nor shall any allowance be made for mileage except that travelled within the Philippine Islands.

Witnesses before Justices of the Peace, Municipal Courts and other inferior tribunals shall be allowed one half peso per day and the travel fees above provided and no more.

Fees to which witness may be entitled in a civil action shall be allowed, on the affidavit of the witness, stating the number of days he has attended, the amount of mileage to which he is entitled, to be taken and preserved by the Clerk of the Court, Justice of the Peace or other officer before whom the witness was called to testify, and a certificate of the allowance shall be given to the witness. But on final taxation

of costs the truth of the affidavit may be contested and this allowance may be set aside in whole or in part as the facts require. A witness shall not be allowed compensation for his attendance in more than one case or on more than one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance; a person who is compelled to attend Court on other business shall not be paid as a witness.

SEC. 794. Other fees to be fixed by general rules of the Supreme Court. If it shall appear that other legal services are required of Clerks of Court, Governors of provinces as Officers of the Court, Sheriffs or Bailiffs, than those for which specific fees have been provided in this chapter, Judges of the Supreme Court shall by general rules provide for a scale of fees for such other services, which scale shall be proportionate to the fees in this chapter provided for similar service

CHAPTER XLIV.

FINAL PROVISIONS.

SEC. 795. Repeal of existing codes, etc.-All codes, statutes, acts, decrees and orders and parts thereof, heretofore promulgated, enacted or enforced in the Philippine Islands, prescribing the procedure in civil actions or special proceedings in any Court or tribunal are hereby repealed, and the procedure in all civil actions and special proceedings in all Courts and tribunals shall hereafter be in accordance with the provisions of this act. Provided nevertheless:

1. That the proceedings for the trial of the action now pending in the Supreme Court to determine the right to the ownership and control of the property of the College of San José shall be conducted in accordance with the special provisions for that action made by Act No. 69;

2. That the procedure in all actions and special proceedings now pending in the Supreme Court may be in accordance with the existing Spanish procedure, except in so far as the Supreme Court may determine that the provisions of this Act can conveniently be applied to such actions and proceedings;

3. That all actions and special proceedings now pending in Courts of First Instance, the trial of which has been commenced and not finished, under the existing Spanish procedure, may be completed in accordance with that procedure in Courts of First Instance and in the Supreme Court, except in so far as the Judge of the Court of First Instance, or the Supreme Court, may determine that the provisions of this Act can conveniently be applied to such actions aud proceedings;

4. That no action now pending in a Court of First Instance, the trial of which has not already been commenced, shall be discontinued or abated because not commenced in accordance with the provisions of this Act; but all future procedure in such actions and special proceedings shall be in accordance with the provisions of this Act, so far as this Act may be conveniently applicable to the conduct of such actions or proceedings;

5. That the Supreme Court shall not reverse or annul the proceedings in any Court of First Instance in actions or special proceedings now pending therein, because of want of conformity in the proceedings to the provisions of this Act, unless such want of conformity

shall have impaired a substantial right of the party attempting to set aside such proceedings;

6. That nothing in this Act contained shall be so construed as to divest or injuriously affect any property right that has already become vested under existing law.

SEC. 796. When to take effect.-This act shall take effect on the first day of September 1901.

[No. 191.]

AN ACT appropriating twenty-one thousand three hundred and seventy-five dollars ($21,375.00), or so much thereof as may be necessary, in money of the United States, to be paid the office of the Collector of Customs of the Islands and of the Chief Port for certain expenses during the third quarter of the year 1901.

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

SECTION 1. The sum of twenty-one thousand three hundred and seventy-five dollars ($21,375.00) in money of the United States, or so much thereof as may be necessary, is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, for the fol lowing expenses of the office of the Collector of Customs of the Islands and of the Chief Port during the third quarter of the year 1901:

For repairs and supplies for such launches and boarding boats as are or may be assigned to the Customs Service, two thousand dollars ($2,000.00). Coal for customs launches, four thousand dollars ($4,000.00). For salaries and wages as follows: Fifteen inspectors of class 8, hereby authorized, five thousand two hundred and fifty dollars ($5,250.00); one cutter crew and necessary boarding boat crews, five thousand dollars ($5,000.00); fifteen clerks and inspectors of subdistricts not exceeding three hundred dollars ($300.00) per annum. each, eleven hundred and twenty-five dollars ($1,125.00); temporary clerks at ports where army officers have not yet been relieved and where inspectors of sub-districts are not stationed, one thousand dollars ($1,000.00); extra compensation for the presidentes engaged in customs work, not exceeding one hundred and eighty dollars ($180.00) per annum for each presidente, two thousand dollars ($2,000.00). Such extra compensation to the presidentes over and above the compensation received by them from the proper municipal treasuries is hereby declared lawful, anything in the Municipal Code to the contrary notwithstanding. For hire of necessary land transportation for inspectors of sub-districts, two hundred dollars ($200.00). For rent of offices at interior ports, eight hundred dollars ($800.00).

SEC. 2. Funds appropriated by this act shall be disbursed in local currency upon the basis of two dollars of local currency to one dollar in money of the United States.

SEC. 3. The public good requiring the speedy enactment of this appropriation 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 9, 1901.

[No. 192.]

AN ACT authorizing certain employés for 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. The following employés are hereby authorized for the Board of Health for the Philippine Islands, at the salaries named, the same to be payable monthly in currency of the United States:

IN MANILA.

Office of the Commissioner of Public Health. One stenographer and typewriter, at one hundred dollars ($100.00) per month; one interpreter, at one hundred dollars ($100.00) per month, who shall also serve in the offices of the Chief Health Inspector and the Secretary of the Board when so directed by the Commissioner of Public Health; and one messenger, at fifteen dollars ($15.00) per month.

Office of the Chief Health Inspector. One clerk, at one hundred dollars ($100.00) per month, and one messenger, at fifteen dollars ($15.00) per month.

Office of the Secretary of the Board. One chief clerk, at one hundred and sixteen dollars and sixty-seven cents ($116.67) per month; one clerk, class D, at fifty dollars ($50.00) per month; one registrar of records, at one hundred dollars ($100.00) per month; and one burial permit clerk, at twenty-five dollars ($25.00) per month.

Division of Sanitary Inspection. Two medical inspectors, at one hundred and fifty dollars ($150.00) per month each, who shall also be available for emergency work in the provinces; two sanitary inspectors, at seventy-five dollars ($75.00) per month each; five district sanitary inspectors, at thirty dollars ($30.00) per month each; fifty-four sub-district sanitary inspectors, at twenty-five dollars ($25.00) per month each; and also five additional district sanitary inspectors, at thirty dollars ($30.00) per month each, and thirty-six additional subdistrict sanitary inspectors, at twenty-five dollars ($25.00) per month each, or so many thereof as may be necessary during the period from January 1st to July 1st of each year and at other times during epidemics of contagious diseases.

At the Plague and Smallpox Hospitals. One physician, at seventyfive dollars ($75.00) per month; two nurses, at twenty-five dollars ($25.00) per month each; two nurses at fifteen dollars ($15.00) per month each; two cooks, at twelve dollars and fifty cents ($12.50) per month each; one driver of vehicle for transportation of patients, at ten dollars ($10.00) per month; two servants, at seven dollars and fifty cents ($7.50) per month each; two laundresses, at seven dollars and fifty cents ($7.50) per month each.

At the San Lazaro Hospital, Women's Department. One physician in charge, at one hundred and fifty dollars ($150.00) per month; one house physician, at seventy-five dollars ($75.00) per month; one matron, at twenty-five dollars ($25.00) per month; one chief nurse at twenty dollars ($20.00) per month; six nurses, at ten dollars ($10.00) per month each; one cook, at twenty dollars ($20.00) per month; one assistant cook, at ten dollars ($10.00) per month; one cook's police, at six dollars ($6.00) per month; four laundresses, at seven dollars and fifty