nineteen hundred and six, the time within which real estate which has been forfeited to municipalities for nonpayment of taxes may be redeemed," is hereby again amended by striking out the words " nineteen hundred and five and nineteen hundred and six" wherever the same are used in said section and inserting in lieu thereof the words "nineteen hundred and five, nineteen hundred and six, and nineteen hundred and seven:" Provided, That nothing in this Act contained shall be construed to revoke or amend any portion of Act Numbered Fifteen hundred and seventy-eight, entitled "An Act authorizing the refund of moneys received at land tax sales and interest thereon upon conveyance of such land to provincial treasurer as trustee by purchaser, extending the time for the redemption of realty by the delinquent taxpayer and the reconveyance to him of such real estate by purchaser, providing for the confiscation of such real estate in case it is not redeemed, and for other purposes," nor to change, modify, or affect any proceeding or action heretofore had, or which may be in future had, under the terms thereof. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. [No. 1594.] AN ACT Reserving for the exclusive use of the Government the fishing rights in the waters of the bay along the shore line of the eastern boundary of the Iwahig Penal Colony for a distance seaward of one and one-quarter statute miles. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The fishing rights in the waters of the bay along the shore line of the eastern boundary of the Iwahig Penal Colony, Island of Palawan, for a distance seaward of one and one-quarter statute miles are hereby reserved for the exclusive use of the Government, for the subsistence and maintenance of the prisoners, the prison officials and their families in said colony, and such pardoned or released prisoners as may continue to reside therein. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. [No. 1595.] AN ACT Amending Act Numbered Fifteen hundred and eighty-eight, entitled "An Act increasing the number of municipalities in the Province of Bulacan from thirteen to fourteen, by separating from Polo the former municipality of Obando and giving the latter the territory which it comprised prior to the passage of Act Numbered Nine hundred and thirty-two," by providing that the distribution of funds in the municipal treasury of Polo, resulting from the separation from Polo of the former municipality of Obando, shall be made as of the date of the enactment of said Act Numbered Fifteen hundred and eighty-eight. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section one of Act Numbered Fifteen hundred and eighty-eight, entitled "An Act increasing the number of municipalities in the Province of Bulacan from thirteen to fourteen, by separating from Polo the former municipality of Obando and giving the latter the territory which it comprised prior to the passage of Act Numbered Nine hundred and thirty-two," is hereby amended by adding at the end thereof the following proviso: "Provided, That the distribution of funds in the municipal treasury of Polo, resulting from the separation from Polo of the former municipality of Obando, shall be made as of January twenty-fifth, nineteen hundred and seven, the date of the passage of Act Numbered Fifteen hundred and eighty-eight." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. [No. 1596.] AN ACT Amending Act Numbered One hundred and ninety, entitled "An Act providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands," by providing that where a motion for a new trial is made on the ground that the evidence is insufficient to justify the decision an exception may be taken to the order of the trial court overruling such motion, and providing that in the hearing of a bill of exceptions based thereon the Supreme Court may review the evidence adduced at the trial and affirm, reverse, or modify by a preponderance of the evidence the judgment of the court below. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section four hundred and ninety-seven of Act Numbered One hundred and ninety, entitled "An Act providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands," is hereby amended so as to read as follows: "SEC. 497. Hearings confined to matters of law, with certain exceptions. In hearings upon bills of exception in civil actions and special proceedings, the Supreme Court shall not review the evidence taken in the court below, nor retry the questions of fact, except as in this section hereinafter provided; but shall determine only questions of law raised by the bill of exceptions. But the Supreme Court may review the evidence taken in the court below and, after giving due weight to the fact that the judge who tried the case saw the witnesses when they testified, affirm or reverse by a preponderance of the evidence, or modify by such preponderance, the judgment there rendered, as justice may require, in the following cases: "(1) If before the final determination of an action pending in the Supreme Court on bill of exceptions, new and material evidence be discovered by either party, which could not have been discovered before the trial in the court below, by the exercise of due diligence, and which is of such a character as probably to change the result, the Supreme Court may receive and consider such new evidence, together with that adduced on the trial below, and may grant or refuse a new trial, or render such other judgment as ought, in view of the whole case, to be rendered, upon such terms as it may deem just. The party seeking a new trial, or a reversal of the judgment on the ground of newly discovered evidence, may petition the Supreme Court for such new trial, and shall attach to the petition affidavits showing the facts entitling him to a new trial and the newly discovered evidence. Upon the filing of such petition in the Supreme Court the court shall, on notice to both parties, make such order as to taking further testimony by each party, upon the petition, either orally in court, or by depositions, upon notice, as it may deem just. The petition, with the evidence, shall be heard at the same time as the bill of exceptions; "(2) If the excepting party filed a motion in the Court of First Instance for a new trial, upon the ground that the evidence was insufficient to justify the decision, and the judge overruled said motion, and due exception was taken to his overruling the same, the Supreme Court may review the evidence and make such findings upon the facts by a preponderance of the evidence, and render such final judgment, as justice and equity may require. But, if the Supreme Court shall be of the opinion that this exception is frivolous and not made in good faith, it may impose double or treble additional costs upon the excepting party, and may order them to be paid by the counsel prosecuting the bill of exceptions, if in its opinion justice so requires." SEC. 2. Section one hundred and forty-six of Act Numbered One hundred and ninety is hereby amended so as to read as follows: "SEC. 146. Method of procedure in applications for new trial.The application shall be made by motion in writing, stating the ground therefor, of which the adverse party shall have such reasonable notice as the judge may direct. When the application is made for a cause mentioned in the first or second subdivisions of the last section, it must be made upon affidavits, and counter affidavits from the adverse party may likewise be received. "The overruling or granting of a motion for a new trial shall not be a ground of exception, but shall be deemed to have been an act of discretion on the part of the judge, within the meaning of the second sentence of section one hundred and forty-one. If, however, the motion for a new trial was made on the ground that the evidence was insufficient to justify the decision, an exception may be taken to the order overruling such motion, and such exception may be reviewed by the Supreme Court as in other cases." SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 4. This Act shall take effect on its passage, and cases now pending in the Supreme Court shall also be subject to its provisions. Enacted, February 25, 1907. [No. 1597.] AN ACT Repealing Act Numbered Five hundred and fifty-three, and amending paragraph one of section thirteen of Act Numbered One hundred and ninety, so as to authorize certain persons to practice law in the Philippine Islands without examination. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Act Numbered Five hundred and fifty-three is hereby repealed. SEC. 2. Paragraph one of section thirteen of Act Numbered One hundred and ninety, entitled "An Act providing a Code of Procedure in civil actions and special proceedings in the Philippine Islands," is hereby amended to read as follows: "1. Those who have been duly licensed under the laws and orders of the Islands under the sovereignty of Spain or of the United States and are in good and regular standing as members of the bar of the Philippine Islands at the time of the adoption of this code: Provided, That any person who, prior to the passage of this Act, or at any time thereafter, shall have held, under the authority of the United States, the position of Justice of the Supreme Court, Judge of the Court of First Instance, or Judge or Associate Judge of the Court of Land Registration, of the Philippine Islands, or the position of AttorneyGeneral, Solicitor General, Assistant Attorney-General, Assistant Attorney in the office of the Attorney-General, Prosecuting Attorney for the City of Manila, Assistant Prosecuting Attorney for the city of Manila, City Attorney of Manila, Assistant City Attorney of Manila, Provincial Fiscal, Attorney for the Moro Province, or Assistant Attorney for the Moro Province, may be licensed to practice law in the courts of the Philippine Islands without an examination, upon motion before the Supreme Court and establishing such fact to the satisfaction of said court." SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This Act shall take effect on its passage. Enacted, February 28, 1907. [No. 1598.] AN ACT Amending certain subsections of section five of Act Numbered One hundred and thirty-six, as amended by Acts Numbered Eight hundred and sixty-seven and Eleven hundred and eighty-four, by modifying the provisions relating to the leave of absence of judges, and the provision relating to the court vacation of the supreme court. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section five of Act Numbered One hundred and thirtysix, as amended by Acts Numbered Eight hundred and sixty-seven and Eleven hundred and eighty-four, is hereby amended as follows: (1) By adding at the end of subsection (a) thereof the words: "Provided further, That the court vacation of the Supreme Court may be made to begin on the first of April and close with the first of July in any year by a resolution to that effect adopted by the court and entered upon the minutes thereof." (2) By striking out the second sentence of subsection (j) thereof, reading: "The right to a leave of absence for five months shall accrue to all judges who have served three years in the Islands and who have not during that time visited the United States, and this provision shall be retroactive," and inserting in lieu thereof the following: "The right to a leave of absence for five months shall accrue to all judges who have served continuously for three years in the Islands, either in the judicial service or in some other branch of the Philippine civil service in which accrued leave is earned, and who have not during that time visited the United States, the period of service corresponding to any accrued leave enjoyed prior to appointment as judge not to be counted as a part of such three years of service: Provided, however, That judges who have not completed three years of service in the Islands, but who have served more than two years, may be granted five months' vacation, the period of such vacation to include the regular court vacation: And provided further, that no payment for the additional three months, or any portion thereof which may be included in the vacation taken, shall be made to a judge granted leave prior to the completion of three years of service, until he returns to duty and completes three years of service in the Islands: And provided further, That in any year wherein the court vacation of the Supreme Court is extended by a resolution of the court, six months' instead of five months' vacation may be assigned to any member of the Supreme Court who is entitled to a long vacation.' SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with. section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. |