Page:United States Statutes at Large Volume 44 Part 1.djvu/1650

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\ .§ 1202. errno 4s.>-rnnnzromss 4 Philippine government, or any extension of oaid time granted by said government for good cause shown. · _. i Fourth. That after the construction and equipment of said railroad in., accordance with the foregoing prorisions, and all others of the contract of guaranty, the railroad shall apply its gross earnings as follows: First, to. the necessary operat-

ng expenses; including reasonable expenses ot the corporation;

e- sevoml. to the necessary and ordinary re irs ot said railroad ` and its equipment; third, to such bGtt$léLlt8 and extraordinary repairs of- said railroador equipment as may be ilrst ,l >;;· · the Governor General oI_ the islands, ._in writing, expressly consented to; fourth; to the payfmenthof the interest on the bonds; the interest on which to any extent shall have been guara nteed by `the Philippine government under this section., » The contract of guaranty shall be inf substance indorsed upon said bonds and signed by the treasurer of said g0vern= ment, and the said contract of guaranty shall he executed except upon satisfactory proof of the `.compl¤étion` of the rails road in sections oiinot less than twenty continuous xnlles each, and in such proportion, to be ilxcd f1‘0Ill_tl1ll0_t0‘ time by said government,. as the actual capital invested in completed road and acquired equipment shall bear to the capital required mr the completion and equipment of the. entire road, to be deter- ` `minedhy the said government; k. ; _ , ‘ "_ ‘ All payments made ‘ under any such `guaranty shall be from the time the same are paid a lien upon said railroad and its , property then owned andlthereafter to be acquired subject only to the lien of the mortage or deed ot trust executed to secure the bonds, the intérwt upon which shallhave been so guaran- _ toed, and the total sum paid under such guaranty shall at the expiration thereof be. payable to said Philippine government upon demand, and in default ot such payment the said lien shall be immediately toreclosable. ° I _ Q _ Provided, That an no event shall the total annual contingent liability ot said government under tho' guaranties authorised by this section at anytime exceed the sum of $1,200,000; and no such guaranty, shall continue for a longer period than thirty years. . · . . .. ~ ‘ , For the further security ot the Philippine goverment said government shall declare the proper rules for ascertaining clearly the cash capltabactually invested in said railroads and the netslncome actually received on said capital so invested, and / shall provide- for supervision. by said Philippine government, through, the auditing, ewlneexjing and railroad bureaus thereof and by such other agencies as may. be pred by law,?of the conduct ot nuances of {le road, and ot its location, construe} tion, operation, and maintenance. ‘ " ‘ " The ?hlllppine government shall appoint two members ot the board of directors of any undertaking company- the interen. on whose bonds shall-be guaranteed as provided in this section. ` · Each such railroad company shall make such reports from time to time as to its receipts and expenditures, in such form and substance and sworn- to by such omclals, as may be prescribml hy the Philippine government. _ » Section 1171 ot this title, so tar as the same is not ln condict with the provisions ot this section, is hereby made appllcahle .. to the corporations the lntezwt upon whose bonds lor any part thereof shall bc Suktsnteed under the provisions hereof. (Feb. 6, 1905, c. 153, { 4, 690.) _ " _ g 4 " 1292. Same; ‘ excl e jurisdiction of actions 'by Supreme Court of PhmPPi¤§¤ " `.mds.·-·-—»—'I'he Supreme Court of the Philippine Islands. shall have orlgflnal and exclusive jurisdiction in all actions, proceedings or alt: at law or in equity r brought by tha Philippine goverment against any maroon or corporation involving the construcuon ot section 1201 ot this title. or any right existing under,‘duty enjoined, or act prohibited by. said section or any contract made in pursuance thereof. Jurisdiction is vested ln the supreme court to make such order,

No zrsvnan rossasszows 1636 " to enter such judgment decreeand to `talre such proceedings in enforcement thereof as may be proper. During the vacations _ot said court the chief justice or any judge thereof shall have all the power to grant restraining orders,. orders ot injunction, to; appoint receivers or to do any other act under authorujr .· herein granted thaf_,a judge of a court ot. general jurisdiction. _ _ may do in the vacationof the eourt., (Feb. 6, 1995,1:. 453, §` 4, ` 33.Stat.69Q.) ‘__§_ ‘ * `_ _ - _, · Q · _PUnL10 Pnornnmr arm Laxps ·~ 1221. Puhlic. property and lands `restored talcontrel of Philippine Legislature; legislation therefor.-All the property and rights which 'rnay have been acquired in the Philippine Islands by the United States- under ~’the treaty of peace with Spain; signed December ·10, 1898, except Such land or other · property as has been ori shall be `designated by the President of the United States for military and .. other reservations of the Governnrent oi the United Statues, and·al1° lands which may , have been. subsequently, acquired by the government ot the Ifhi1iDl>i¤e · Islands bye purchase sander the provisions of see— ·· _`tions 122{ and 1225_of·this tiih}. exccptlsuch as may have I been sold and loin- prior to August 29, 1916, in accordance with. the provisions of _-Act of Congress, July _1,‘ 1902, _ chapter 1369, '1‘hlrty-second Statutes 691, are hereby placed 1 under the control of the government ot said islands to be. agixgistered or disposed of for the beneht ot the inhabitants the fj _ and the Philippine Legislature, subject te_ the provisions of section of this title, shall have power to 1e§· ‘islate with to all such matters as- it may deem advisi . '- able. (Ang. 29, 1916, c. 418, { 9, W Stat. 547.) · _ · · 1222. Acta regulating deiaia, mining and tinher tc i be approved by the; PreMmt,—Acts ot the Philippine Legislature with creierence to land of —'the_ public domain, timber, and mining, enacted after august R, 1916, shall not have the force of law — until approved by the President of the United States: Provided, _That upon the approval of such an act by the Governor General, it shall bc by him forthwith trans- .. mittad to the President ot the United States, and he shall ap·‘ prove or disapprove the same within six months from `and 9 after its mcmeep and submission for his approval, and it not_ disapproved within such. time it shall become a law the

 same as it it had been specifically approved: Provided farther,

That, where lands in the Philippine Islands have been or may be reserved ton any public purpose "o€\ the United States, and. being no longer required for the purpose for which reserved, have been or may be, by order ot the Prwident, placed under the control of the government of sold islands to be admin istered for the benedt of the inhabitants thereof, the order ot the President shall be reiarded as eaectnal to give the government of said islands full control andpower to administer and dispose ot such lands for · the beneat of the inhabitants of said islands. (Aug. E, 1918, c. 416, Q 9, w Stat. 547.) .1228. Perfecting titles of claimants from Spain; patents to native occupants.-——-'1'he government ot the Philippine Islands is! authorised and empowered to enact rules and regulation; and to prescribe terms and conditions to enable persons. t perfect their title ito public lands ln said islands, who, prior to the transfer ot sovereignty from Spain to the United. States, · had tuldlled all or some ot the conditions required by the Spanish laws and royal decrees of. the Kingdom of Spain for the acquisition of legal tltle thereto yetetailed to secure couveyance of tltle;_ and the Philippine Legislature is authorized to issue patents, without compensation, to any native ot said islands, conveying- title to any tract of land not more than sixteen hectares, in extent, which were public lands and had been actually occupied by such-native or his ancestors prior to and on the 13th ot August, 1898. (July 1, 1902, c. 1369. _ [ 14, 32 Stat. 6961 Aug. 29, 1916, c. 416, 3 12, 39eStat. 548.) ` O