Annual Report

It is understood that this contract is based upon a series of surveys made by a surveyor named Juan Villegas during the years nineteen hundred and one and nineteen hundred and two, at the instance of the government of the Philippine Islands, in which he classifies and appraises the lands of the British-Manila Estates Company (Limited), herein agreed to be conveyed; that on the basis of this survey, classification, and appraisement the civil governor, on behalf of the government of the Philippine Islands, by letter to Monsignor Jean Baptiste Guidi, archbishop of Stauropoli and apostolic delegate to the Philippine Islands, dated July 5, 1903, made an offer to purchase the lands above described at the price fixed by Villegas, in Mexican currency reduced to gold at the ratio of two to one, and this letter of the civil governor, together with the list of the estates of the Recoletos, so called, which accompanied the letter, and the surveys of Villegas of said estates, is hereby, for the better understanding of this contract, made part hereof as an exhibit by reference.

In consideration of the sale and conveyance of the lands and buildings and of the assignment of the claims for rent, all as above described, the government of the Philippine Islands agrees to pay to the British-Manila Estates Company (Limited), the sum of one million and forty-five thousand dollars ($1,045,000), in money of the United States, subject to this proviso: That if the Philippine government shall notify the British-Manila Estates Company (Limited), that the area of either hacienda as described in the title deed thereof falls short of the superficial area thereof as shown by Villegas's survey of the same, then the parties hereto shall cause a joint survey of the same to be made by an agent of each, and if the true survey shall show the area of either hacienda to be less than as stated by Villegas and in the description thereof herein before given, then the price herein agreed to be paid shall be abated by an amount to be ascertained by multiplying the number of hectares short into the average value of an hectare in the hacienda in question, as shown by dividing Villegas's total valuation of such hacienda by the total number of hectares contained therein according to his survey, plus twenty-five per cent thereof; and if, on the other hand, the true survey shall show an excess of hectares over the amount reported by Villegas, then the price to be paid shall be increased by an amount to be ascertained in a similar manner.

The government of the Philippine Islands, as a further consideration, hereby agrees to reimburse the British-Manila Estates Company (Limited), in the sum of six bundred and forty-three dollars and fifty-eight cents ($643.58), paid by Marcus McGregor, the agent of the British-Manila Estates Company (Limited), to the treasurer of the province of Cavite as taxes on the haciendas herein agreed to be conveyed; and hereby further agrees to hold said British-Manila Estates Company (Limited), harmless from liability for the payment of all land taxes uncollected on the haciendas herein agreed to be conveyed and due to the province of Cavite or the municipality in which situate.

It is understood that the government of the Philippine Islands, in order to pay the purchase price hereof, is obliged to sell its bonds under and by virtue of the authority of section sixty-four of an act of the Congress of the United States approved July one, nineteen hundred and two, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes." The government of the Philippine Islands agrees to make every effort to sell the bonds and obtain the proceeds as soon as practicable, and the time for the consummation of this contract by the conveyance of a good and marketable title by the British-Manila Estates Company (Limited), and the payment of the purchase price by the government of the Philippine Islands is fixed as of the end of a period within which such bonds may be engraved, advertised, sold, and the proceeds thereof realized, and the necessary surveys and necessary investigation of the title be made, by prompt action of the Philippine government: Provided, That such period shall not exceed six months from the date of this contract.

In witness whereof the two parties to this agreement hereunto affix their signatures: The British-Manila Estates Company (Limited), acting by Marcus McGregor, the attorney in fact of said company, as shown by the attached power of attorney; and the government of the Philippine Islands, by William H. Taft, civil governor, whose authority is shown by a certified copy of a resolution of the Philippine Commission also hereto attached.

THE BRITISH-MANILA ESTATES COMPANY (LIMITED),
By M. MCGREGOR.

THE GOVERNMENT OF THE PHILIPPINE ISLANDS,
By WM. H. TAFT, Civil Governor.

In the presence of

JEAN BAPTISTE Guidi,

AGREEMENT OF LA SOCIEDAD AGRÍCOLA DE ULTRAMAR TO CONVEY TO THE GOVERNMENT OF THE PHILIPPINE ISLANDS CERTAIN ESTATES, FORMERLY THE PROPERTY OF THE AUGUSTINIAN ORDER IN THE PHILIPPINES.

MANILA, December 22, 1903.

La Sociedad Agrícola de Ultramar, a corporation duly and lawfully organized under the Spanish sovereignty, hereby agrees to sell and convey to the government of the Philippine Islands the following haciendas and parcels of land, formerly the property of the Augustinian order in the Philippines, as follows:

(1) The hacienda of Banildad or Talamban, containing 1,538 hectares and 43 ares, in the province of Cebu.

(2) The hacienda of Dampol, in the town of Quingua, in the province of Bulacan, containing 962 hectares, 74 ares, and 46 centares.

(3) The hacienda of Muntinlupa, containing 5,397 hectares and 84 ares, formerly in the province of Rizal and now in the province of La Laguna.

(4) The hacienda of Malinta, containing 3,432 hectares, in the town of Polo, in the province of Bulacan.

(5) The hacienda of Tala, containing 5,187 hectares, in the towns of Novaliches and Caloocan, in the province of Rizal.

(6) The hacienda of Piedad, containing 3,604 hectares, in the towns of Novaliches and Caloocan, in the province of Rizal.

(7) The hacienda of San Francisco de Malabon, containing 13,000 hectares, in the province of Cavite.

(8) The hacienda of Binagbag, within the jurisdiction of the pueblo of Angat, in the province of Bulacan, containing 294 hectares.

(9) The hacienda of Talisay and Minglanilla, containing 7,362 hectares and 90 ares, in the province of Cebu.

(10) A parcel of land in Matamo, in the pueblo of Quingua, province of Bulacan, containing 10 hectares, 21 ares, and 33 centares.

(11) A parcel of land in the barrio of San Marcos, town of Calumpit, province of Bulacan, containing 74 hectares, 82 ares, and 95 centares.

(12) A parcel of land in Barihan, in the town of Barasoain, province of Bulacan, containing 54 hectares, 29 ares, and 57 centares.

(13) A parcel of land in the barrio of Daquila, in the town of Santa Isabel, in the province of Bulacan, containing 38 hectares 83 ares and 49 centares.

(14) A parcel of land in the barrios of Calay-Layan or Anibon, of the pueblo of Santa Isabel, in the province of Bulacan, containing 65 hectares 33 ares and 52

centares.

(15) A parcel of land in Alang-Ilang, in the town of Guiguinto, province of Bulacan, containing 241 hectares 42 ares and 94 centares.

(16) A parcel of land in the barrio of Malapad, of the town of Guiguinto, province of Bulacan, containing 7 hectares 20 ares and 8 centares.

(17) A parcel of land in the barrio of New and Old Recoleto, of the town of Guiguinto, province of Bulacan, containing 456 hectares 95 ares and 16 centares.

(18) An estate in the province of Isabela, containing 20,419 hectares, patented by the Spanish Government to the Augustinian Order of the Philippines.

This sale and conveyance shall include all the dwelling houses, farmhouses, warehouses, camarines, and other buildings, including sugar and rice mills and machinery, irrigation work, dams, tunnels, ditches, and all other improvements, together with all water and other rights, and all hereditaments belonging to La Sociedad Agrícola de Ultramar on the estates and parcels of land hereby agreed to be conveyed; and La Sociedad Agrícola de Ultramar agrees that it has a good and merchantable title to all the lands and buildings hereby conveyed, duly registered according to the laws of the Philippine Islands; that it will produce its registered title deeds for examination by the counsel for the Philippine government, and that it will convey such lands and buildings absolutely and in fee simple in accordance with this contract by giving a sufficient deed of general warranty of title to the Philippine government. La Sociedad Agrícola de Ultramar further agrees to furnish to the Philippine government all its books, papers, and other documents which it has either in its possession or under its control bearing upon its ownership or the ownership of its predecessors in title to the lands herein agreed to be conveyed which shall, in the opinion of the counsel for the Philippine government, be useful to such government in determining who are the rightful tenants on the property, and in showing, in case of litigation, the lawful and peaceable possession of La Sociedad Agrícola de Ultramar or its predecessors in title, and especially in showing the lawful and peaceable possession of the Augustinian Order in the Philippines during the sovereignty of Spain. La Sociedad Agrícola de Ultramar further agrees to aid the Philippine government

in every way by procuring oral or documentary evidence needed in confirming the title hereby conveyed or by showing where such evidence can be procured.

La Sociedad Agrícola de Ultramar hereby further agrees that the Philippine government may, at its own expense, make such surveys of any of the haciendas or parcels herein conveyed as it sees fit in order to determine whether the superficial area of any estate or parcel according to the description thereof in the title deeds is the same as that stated in the above-mentioned list of haciendas and parcels.

La Sociedad Agrícola de Ultramar also hereby agrees to assign and transfer to the government of the Philippine Islands all claims for rents for use of land or buildings herein agreed to be conveyed due to La Sociedad Agrícola de Ultramar from tenants thereon which are now uncollected, together with claims for rents accruing between the date hereof and the consummation of the sale herein agreed to be made, except such rents as may be owing by the United States Government to the said society for the occupation of its houses by United States troops.

It is understood that this contract is based upon a series of surveys made by a surveyor named Juan Villegas during the years nineteen hundred and one and nineteen hundred and two at the instance of the government of the Philippine Islands, in which he classifies and appraises the lands of La Sociedad Agrícola de Ultramar, except an estate of twenty-three thousand hectares in the province of Isabela, above mentioned; that on the basis of this survey, classification, and appraisement the civil governor, on behalf of the government of the Philippine Islands, by letter to Monsignor Jean Baptiste Guidi, archbishop of Stauropoli and apostolic delegate to the Philippine Islands, dated July 5, 1903, made an offer to purchase the lands above described at the price fixed by Villegas in Mexican currency reduced to gold at the ratio of two to one, and this letter of the civil governor, together with the list of the estates of the Augustinians, so called, which accompanied the letter, and the surveys of Villegas of said estates, is hereby for the better understanding of this contract made part hereof as an exhibit by reference, it being understood that the estate of Mandaloya, mentioned in the list as belonging to the Augustinians and now the property of La Sociedad Agrícola de Ultramar, is not intended to be included in this contract and ageement to sell.

In consideration of the sale and conveyance of the lands and buildings, and of the assignment of the claims for rent, all as above described, the government of the Philippine Islands agrees to pay to La Sociedad Agrícola de Ultramar the sum of two million two hundred and thirteen thousand seven hundred and seventy-nine dollars ($2,213,779), in money of the United States, subject to this proviso: That if the Philippine government shall notify La Sociedad Agrícola de Ultramar that the area of any hacienda or parcel as described in the title deed thereof falls short of the superficial area thereof as shown by Villegas' survey of the same, then the parties hereto shall cause a joint survey of the same to be made by an agent of each; and if the true survey shall show the area of the hacienda or parcel to be less than as stated by Villegas and in the list as hereinbefore set forth, the price herein to be paid shall be abated by an amount to be ascertained by multiplying the number of hectares short into the average value of an hectare in the hacienda or parcel in question as shown by dividing Villegas' total valuation of such hacienda or parcel by the total number of hectares contained therein according to his survey plus twenty-five per cent thereof; and if, on the other hand, the true survey shall show an excess of hectares over the amount reported by Villegas, then the price to be paid shall be increased by an amount to be ascertained in a similar manner. If either party desires a survey of the Isabela estate, which was not surveyed by Villegas, it shall be made as above provided, and the price herein agreed to be paid shall be reduced or increased by the number of hectares found to be short or in excess of twenty thousand four hundred and nineteen hectares at the rate of nine dollars and eighteen cents ($9.18) gold per hectare. The survey above mentioned shall be begun as soon after the signing of this contract as is practicable.

dollars ($

In addition to the other considerations herein stated the government of the Philippine Islands will save harmless La Sociedad Agrícola de Ultramar from the payment of any land taxes due upon the haciendas or parcels herein agreed to be conveyed to the province or municipality in which such haciendas or parcels are respectively situate, and will reimburse La Sociedad Agrícola de Ultramar in the amount of -) for taxes already paid by it on such haciendas or parcels of land. It is understood that the government of the Philippine Islands, in order to pay the purchase price hereof, is obliged to sell its bonds under and by virtue of the authority of section sixty-four of an act of the Congress of the United States approved July one, nineteen hundred and two, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes." The government of the Philippine Islands agrees to make every

effort to sell the bonds and obtain the proceeds as soon as practicable, and the time for the consummation of this contract by the conveyance of a good and marketable title by La Sociedad Agrícola de Ultramar and the payment of the purchase price by the government of the Philippine Islands is fixed as of the end of a period within which such bonds may be engraved, advertised, sold, and the proceeds thereof realized, and the necessary surveys and necessary investigation of the title be made by prompt action of the Philippine government: Provided, That such period shall not exceed six months from the date of this contract.

In witness whereof, the two parties to this agreement hereunto affix their signatures: La Sociedad Agrícola de Ultramar, acting by Padre Juan Martin, the attorney in fact of said society, as shown by the attached power of attorney, and the government of the Philippine Islands, by William H. Taft, civil governor, whose authority is shown by a certified copy of a resolution of the Philippine Commission, also hereto attached. LA SOCIEDAD AGRÍCOLA DE ULTRAMAR,

In now appearing that La Sociedad Agrícola de Ultramar has sold about eleven hectares of the hacienda of Banildad or Talamban to the consuls for China and Germany and to the Spanish Casino, it is hereby further agreed that the same are omitted from the land hereinabove agreed to be conveyed, and the price shall be abated one thousand three hundred and seventy-five dollars ($1,375) in money of the United States. LA SOCIEDAD AGRÍCOLA DE ULTRAMAR,

AGREEMENT OF THE RECOLETO ORDER OF THE PHILIPPINE ISLANDS TO CONVEY TO THE GOVERNMENT OF THE PHILIPPINE ISLANDS THE ESTATE OF SAN JOSÉ, PROVINCE OF MINDORO.

MANILA, December 22, 1903.

The Recoleto Order of the Philippine Islands, an ecclesiastical corporation, hereby agrees to sell and convey to the government of the Philippine Islands the estate of San José in the island and province of Mindoro, containing twenty-three thousand two hundred and sixty-six (23,266) hectares.

The Recoleto Order of the Philippines hereby further agrees to furnish to the

Philippine government all its books, papers, and other documents, which it has in its possession or under its control, bearing upon its ownership or the ownership of its predecessors in title to the lands herein agreed to be conveyed, which shall, in the opinion of the counsel for the Philippine government, be useful to such government in determining who are the rightful tenants on such property, and in showing, in case of litigation, the lawful and peaceable possession of the Recoleto Order of the Philippines or its predecessors in title.

The Recoleto Order of the Philippines further agrees to aid the Philippine government in every way by procuring oral or documentary evidence needed in confirming the title hereby conveyed or by showing where such evidence can be procured.

The Recoleto Order of the Philippines also hereby agrees to assign and transfer to the government of the Philippine Islands all claims for rents for use of land or buildings herein agreed to be conveyed due to the Recoleto Order of the Philippines or its predecessors in title from tenants thereon which are now uncollected, together with claims for rents accruing between the date hereof and the consummation of the sale herein agreed to be made.

The Recoleto Order of the Philippines hereby further agrees that the Philippine government may, at its own expense, make such surveys of the hacienda herein conveyed as it sees fit, in order to determine whether its superficial area according to the description thereof in the title deeds contains twenty-three thousand two hundred and sixty-six (23,266) hectares, as herein before set forth.

In consideration of the conveyance of the lands and buildings and of the assignment of the claims for rent, all as above described, the government of the Philippine Islands agrees to pay to the Recoleto Order of the Philippines the sum of three hundred and six thousand seven hundred and fifty-nine dollars ($306,759) in money of the United States, subject to this proviso: That if the Philippine government shall notify the Recoleto Order of the Philippines that the area of the hacienda of San José, herein agreed to be conveyed, as described in the title deeds thereof falls short of the superficial area thereof as herein before set forth, then the parties hereto shall cause a joint survey of the same to be made by an agent of each, and if the true survey shows a less area of land in this estate than twenty-three thousand two hundred and sixty-six hectares the price herein agreed to be paid shall be reduced in the proportion which the shortage bears to twenty-three thousand two hundred and sixty-six hectares; and if the estate shall be found to exceed the amount above stated, then the price shall be increased in a similar proportion.

As an additional consideration, the government of the Philippine Islands hereby agrees to hold the Recoleto Order of the Philippines harmless from liability to pay land taxes on the hacienda herein agreed to be conveyed, whether such taxes have already accrued or shall accrue between the date of this contract and the date of the conveyance herein agreed to be made.

It is understood that upon the hacienda of San José, Mindoro, there are about two thousand head of cattle, the property of the Recoleto Order. It is agreed as part of the above contract of sale that the Recoleto Order may pasture these cattle on said estate for one year after the above contract is consummated by the delivery of the deed of conveyance and the payment of the purchase price without the payment of rent, subject, however, to the conditions that, should the Philippine government succeed in selling the San José estate hereinabove agreed to be conveyed, or a substantial part thereof, the said government may require the removal of such cattle on three months' notice.

It is understood that the government of the Philippine Islands, in order to pay the purchase price hereof, is obliged to sell its bonds under and by virtue of the authority of section sixty-four of an act of the Congress of the United States, approved July one, nineteen hundred and two, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes." The government of the Philippine Islands agrees to make every effort to sell the bonds and obtain the proceeds as soon as practicable, and time for the consummation of this contract by the conveyance of a good and marketable title by the Recoleto Order of the Philippines and the payment of the purchase price by the government of the Philippine Islands is fixed as of the end of a period within which such bonds may be engraved, advertised, sold, and the proceeds thereof realized, and the necessary surveys and necessary investigation of the title be made, by prompt action of the Philippine government: Provided, That such period shall not exceed six months from the date of this contract.

In witness whereof the two parties to this agreement hereunto affix their signatures, the Recoleto Order of the Philippines, acting by Fr. Valentin Utande, procurator of said order, duly authorized thereunto by power of attorney, a copy of which is hereto attached, and the government of the Philippine Islands by William

WAR 1903-VOL 5-14

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