Imágenes de páginas
PDF
EPUB

graph 9 for the same year, and shall certify the same as true copies of the original records in his office.

11. He shall perform all such other duties as may be imposed by general legislation, or by the direction of the provincial governor, communicated through the president of the township.

SEC. 20. The constable shall wear, as an outward sign of his office, a metal badge, on which shall be stamped the word "constable," and the name of the township in which he holds office. He shall be charged with the duty of maintaining public order and shall have power to call on all law-abiding citizens for assistance to this end. He shall be empowered to make arrests in criminal cases, and shall perform such other duties as may be imposed by general legislation, or by direction of the provincial governor, communicated through the president of the township.

SEC. 21. The messenger shall be charged with the duty of carrying to adjacent townships such communications and other matter as may be entrusted to him for this purpose by the president; and with such other duties as the council may impose by duly approved ordinance.

SEC. 22. There shall be a regular meeting of the council on Saturday of every week. Special meetings may be called by the president, or by any two members of the council, by giving verbal notice to each of the councillors.

SEC. 23. A majority of the council shall constitute a quorum to do business; but a smaller number may adjourn from time to time and may compel the attendance of absentees, under such penalties as may be prescribed by duly approved ordinance, or by order of the provincial governor,

SEC. 24. At the first regular meeting after the election of a new president the council shall pass on his appointments to nonelective offices and shall choose, by a majority vote of all its members, two of the councillors to serve with the president as members of the court provided for in section 17, paragraph 5.

SEC. 25. At the earliest practicable date, the council shall definitely fix the limits of the barrios of the township, prescribing for them such boundaries that the barrios taken collectively shall include the entire territory of the township.

SEC. 26. 1. Each councillor shall inform the people of his barrio as to the acts of the council and as to governmental measures which directly concern them. He shall serve in the council as the representative of the people of his barrio and shall bring their especial needs to the attention of that body.

2. He shall promptly inform the president of any unusual or untoward event occurring in his barrio.

3. He shall notify the people of his barrio of the days on which they should present themselves before the president to pay taxes, and shall himself be present on such occasions to identify them.

SEC. 27. The council shall, by a majority vote of all its members: 1. Fix the salaries of all duly authorized employés, subject to the limitations expressed in section 6.

2. Fill a permanent vacancy in the office of vice-president or of councillor from among persons having the necessary qualifications. A person thus substituted as vice-president or councillor shall serve only for the unexpired portion of the term for which his predecessor was elected and until his successor shall have been chosen.

3. Make appropriations for lawful and necessary expenditures, subject to the approval of the provincial governor.

4. Manage the property of the township.

5. Erect all needful buildings for the use of the township.

6. Provide for the construction and care of the trails and bridges in the chief barrio of the township, and of those necessary to connect it with the several outlying barrios.

7. Provide regulations for the sanitation of the township, and order the removal of nuisances and causes of disease.

8. Regulate the running at large of domestic animals.

9. Adopt such measures to prevent the introduction and spread of diseases as may from time to time be necessary.

10. Prohibit gambling, cock fighting, opium smoking or the sale of opium for smoking.

11. Provide for the taxation of the retail sale, in quantities of less than five gallons, of any intoxicating, fermented, malt or vinous liquors, except the native beverage made from rice and known as "tapuy, and impose such other license fees as may be authorized by general law. SEC. 28. The council may, by a majority vote of all its members: 1. Order the suspension or removal at any time, for cause, of any nonelective officer or employé.

2. Make such provisions for the care of the poor, the sick or of orphans as it may deem necessary.

3. Provide for the establishment and maintenance of schools for primary instruction.

4. Construct and maintain waterworks for the purpose of supplying the inhabitants of the township with water; and provide for the equitable distribution and use of water for purposes of irrigation within the township.

5. Make such ordinances and regulations, not contrary to law, as may be necessary to carry into effect and discharge the powers and duties conferred by this act, and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort and convenience of the township and the inhabitants thereof and for the protection of the property therein.

SEC. 29. Until a time to be hereafter determined by the insular government, when the councils of the townships in the province of Benguet shall have gained sufficient knowledge and experience properly to exercise, without intervention, the powers herein conferred. all ordinances and rules passed by them shall be subject to the approval of the provincial governor, and without such approval shall be invalid. Should any township council prove unfit to exercise the powers herein conferred or should it fail to exercise them, the provincial governor shall adopt suitable measures for the carrying out of the provisions of this act.

SEC. 30. Every person eighteen or more years of age who owns property in the province, or who has within his control any owner of property in the province who is less than eighteen years of age shall appear before the president of the township in which such property lies between the first and fifteenth days of January, 1901, and of each year thereafter, and shall declare the value of his property and the value of that of any property owner less than eighteen years of age who is within his control; provided, that, if it shall be inconvenient

or impossible for him to appear before the president, he shall make a sworn declaration in writing as to the value of such property and shall cause this statement to be delivered to the president between the dates above fixed. His declaration shall be accepted as true, unless the provincial inspector or some other resident of the province shall question its correctness and bring the matter to the attention of the provincial governor, in which case the provincial governor, the provincial secretary, and the president of the township in which the property lies shall form a board of assessors to determine its value. This board shall be empowered to call and examine witnesses, and, after giving the owner and his witnesses, if any, opportunity to be heard, shall fix the value of the property alleged to be incorrectly valued. Its decisions shall be final.

SEC. 31. Any property owner who fails to declare the value of his property within the period fixed in section 30, or that of the property of any resident of the province less than eighteen years of age within his control, as provided in section 30, shall immediately be warned by the councillor of his barrio that, unless he makes his declaration before the 31st of January, he will be subject to a fine of five dollars ($5) Mexican; and, should he fail to make the declaration within the period specified, the fine shall be adjudged against him by the court provided for in section 17, paragraph 5, and shall be collected by the president, or, in lieu of the payment thereof, he shall be compelled to work it out on public works within the township at the rate of twenty cents Mexican per day. In the event of his not making his declaration before January 31, the value of his property shall be fixed by the board of assessors provided for in section 30.

SEC. 32. Every resident of the province who does not own real or personal property to the total value of two hundred dollars ($200) Mexican shall be excused from the payment of any property tax; but, if such resident is a male and eighteen or more years of age, he shall, in lieu thereof, pay an annual tax of one dollar ($1) Mexican.

SEC. 33. Every resident of the province who is the owner of real or personal property to the value of more than two hundred dollars ($200) Mexican shall pay as an annual property tax an amount equal to onehalf of one per cent. of the value of such property.

SEC. 34. On the basis of the declarations made and of the findings of the board of assessors, if any, the secretary shall prepare, on or before February 15th of each year, a list of the persons from whom a tax is due, with the amount of such tax due from each of them. This list shall be kept open to public inspection in his office. All persons from whom a property tax is due shall be notified by the councillors of their respective barrios to appear before the secretary and learn the amount. of such tax, which shall be stated to them verbally by the secretary if they can not read.

SEC. 35. Taxes may be paid between February 15th and July 31st of each year, on a day or days during each month to be fixed by the provincial governor.

SEC. 36. All persons who have not paid their taxes in full on or before the 31st of July of each year shall be deemed delinquent taxpayers. after such delinquency shall have been adjudged, upon due notice to the alleged delinquent, by the court provided for in section 17, paragraph5. If any taxpayer shall fail to pay the delinquent taxes adjudged against him within twenty-four hours after judgment, he shall be made

to satisfy the amount due by labor upon public works within the township at the rate of twenty cents Mexican per day, either peforming such work in person or providing a substitute to perform it: Provided, that at any time after he or his substitute shall have begun work he may secure release from obligation to work by payment of the amount of the tax orignally due in full.

SEC. 37. Compelling the inhabitants of the province of Benguet to render involuntary service as "polistas," or in any other capacity, is absolutely prohibited, except for the satisfaction of unpaid taxes, license fees or fines, as hereinbefore provided.

SEC. 38. Any person violating the provisions of section 37 shall be guilty of a misdemeanor and shall be punished for each offense by a fine of not more than five hundred dollars ($500.00) Mexican, or imprisonment for not more than one year, or both, in the discretion of the

court.

SEC. 39. On the first day of January of each year, the newly elected presidents shall assemble at the capital of the province to meet and confer with the provincial governor. At this time they shall have the right to elect a popular representative for the province, who shall be chosen by a majority vote of all the presidents present, and who may, or may not, be a resident of the province. The presidents shall also assemble at the capital on the fourth day of July of each year to meet and confer with the provincial governor.

SEC. 40. If the people of the province shall at any time feel themselves to be seriously aggrieved, and shall be unable to obtain relief from the provincial governor, it shall be the duty of the popular representative, either in person or by written communication, to lay their case directly before the chief executive of the insular government. All official communications from the popular representative to the chief executive shall be promptly transmitted by the government officials through whose hands they may pass. Should the popular representative desire to visit Manila, on official business, his journey shall be facilitated by all government officials with whom he may come in contact. He shall in all cases, except treason, felony and breach of the peace, be privileged from arrest at any time when arrest will interfere with discharging the duties of his office and for any communication or statement which he may make to the chief executive he shall not be held to account by any official, whether civil or military.

SEC. 41. Under no circumstances shall the traveling or other expenses of the popular representative, or any compensation to him, form a charge on the treasuries of the townships or on any one of them or on the provincial treasury.

SEC. 42. Should any dispute arise as to the boundaries of townships, the provincial governor shall hear the persons interested and shall decide the matter in dispute. His decision shall be final.

SEC. 43. Until the present military government shall be replaced by a civil central government of these islands, or until the Commission shall otherwise enact, the Military Governor shall determine what, if any, police force shall be created in the townships of Benguet, in addition to the constables provided for in section 17. paragraph 11, and in section 20. He shall also determine what arms constables, police, other officers or inhabitants of the townships shall be allowed to carry or to have in their possession. In case the Military Governor shall deem it necessary, the police force of any township shall be

directly subject to the orders of the Military Governor or his authorized subordinates.

SEC. 4. The provincial governor shall have power to suspend any township official charged with misconduct in office or disloyalty to the United States, and, after proper notice and hearing, to remove or reinstate him. Such suspension, removal or reinstatement shall be reported to the Commission, who may approve or revoke the same. The Military Governor may suspend any township official for disloyalty to the United States, and shall report his action to the Commission, who after hearing the charge on which the suspension was made, shall remove or reinstate such official.

SEC. 45. This act shall take effect upon the establishment of civil government in the province of Benguet.

Enacted, November 22, 1900.

[No. 49.]

AN ACT providing for the establishment of a civil government for the province of

Benguet.

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

SECTION 1. A civil government is hereby established for the province of Benguet.

SEC. 2. The officers of this government shall be:

(a) A provincial governor, at a salary of fifteen hundred dollars ($1,500.00) per year;

(b) A provincial secretary, at a salary of one thousand dollars ($1,000.00) per year; and

(c) A provincial inspector, at a salary of four hundred dollars ($400.00) per year;

All in money of the United States.

SEC. 3. These officers shall be appointed by the United States Philippine Commission.

SEC. 4. These officers shall reside and have their offices in the township of Baguio, which shall be the capital of the province.

SEC. 5. The governor shall be the chief executive of the province. Until such time as a departmental government shall be established which shall include the province of Benguet, he shall report directly to the chief executive of the insular government. On or before the first day of February of each year he shall make a written statement to such chief executive of the condition of the province.

SEC. 6. He shall make known to the people of his province, by proclamation or communications delivered to the presidents of the several townships, all general laws or governmental orders which concern them, and each president shall deliver all such proclamations and communications to the township secretary, to be by him filed and preserved.

SEC. 7. He shall pass upon every ordinance or act of the several township councils of the province, approving it, should he deem it satisfactory. Should he consider it unsatisfactory, he shall return it to the council, suggesting suitable amendments. The council shall inform

« AnteriorContinuar »