SEC. 62. The Fiscal.-The Provincial Fiscal, chosen in accordance with the "Provincial Government Act," shall represent the Provincial and Insular Governments in his province in all actions or prosecutions in a Court of First Instance in the manner provided in the "Provincial Government Act." He shall be an officer of the Court and subject to its directions in relation to official matters pending in the Court of First Instance.

SEC. 63. Allowance for traveling expenses.-The Judges of the Court of First Instance shall be allowed their actual traveling expenses in going to and from their respective places of residence to other provinces upon the business of the court, or to attend its sessions, but not including any allowance for subsistence.

SEC. 64. Disposition of records, papers, causes and appeals, now pending in the existing Courts of First Instance.-All records, books, papers, actions, proceedings and appeals lodged, deposited or pending in the Court of First Instance as now constituted of or in any province, are transferred to the Court of First Instance of such province hereby established, which shall have the same power and jurisdiction over them as if they had been primarily lodged, deposited, filed or commenced therein, or in cases of appeal, appealed thereto.

SEC. 65. Abolition of existing Courts of First Instance.-The existing Courts of First Instance are hereby abolished, and the Courts of First Instance provided by this Act are substituted in place thereof.

CHAPTER V.

COURTS OF JUSTICES OF THE PEACE.

SEC. 66. Justice Courts for each municipality.-There shall be courts of Justice of the Peace as in this section provided:

1. The existing Courts of Justices of the Peace, established by military orders since the 13th day of August, 1898, are hereby recognized and continued and the Justices of such courts shall continue to hold office during the pleasure of the Commission.

2. In every province in which there now is, or shall hereafter be established, a Court of First Instance, Courts of Justices of the Peace shall be established in every municipality thereof which shall be organized under "The Municipal Code," or which has been organized and is being conducted as a municipality when this Act shall take effect, under and by virtue of "The Municipal Code."

SEC. 67. Appointment and term of office of Justices of the Peace.— Justices of the Peace shall be appointed by the Philippine Commission, and shall hold office during the pleasure of the Commission. They shall be appointed from lists of suitable persons, nominated for such appointments by the Provincial Board for each province, for the several municipalities within the province.

SEC. 68. Jurisdiction.-A Justice of the Peace shall have original jurisdiction for the trial of all misdemeanors and offenses arising within the municipality of which he is a Justice, in all cases where the sentence might not by law exceed six months' imprisonment or a fine of one hundred dollars; and for the trial of all civil actions properly triable within his municipality and over which jurisdiction has not herein been given to the Court of First Instance, in all cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to less than three hundred dollars. A Justice of the Peace shall also have jurisdiction over actions for forcible

entry into, and detainer of real estate, irrespective of the amount in controversy.

The jurisdiction of a Justice of the Peace in civil actions triable within his municipality, in cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to one hundred dollars or more, but to less than three hundred dollars, shall be concurrent with that of the Court of First Instance, provided: That the jurisdiction of a Justice of the Peace shall not extend to civil actions in which the subject of litigation is not capable of pecuniary estimation, or to those which involve the title to or possession of real estate or an interest therein, or the legality of any tax, impost or assessment, or to actions in admiralty, or maritime jurisdiction, or to matters of probate, the appointment of guardians, trustees and receivers, or actions for the annulment of marriage; but this proviso shall not apply to actions of forcible entry into and detainer of lands or buildings, original jurisdiction of which is hereby conferred upon Courts of Justices of the Peace.

SEC. 69. Courts of Justices of the Peace in Manila.-The existing Courts of Justices of the Peace in the city of Manila shall be continued as now organized, and with the same jurisdiction as is now by law conferred upon them, and shall so continue until special provisions shall be made by law for the organization of inferior civil and criminal tribunals for the City of Manila.

SEC. 70. Clerks and amanuenses, etc., for Justice Courts.—Each Justice of the Peace may act as his own clerk or he may appoint a clerk, and, if necessary, other clerical assistants and bailiffs, all at his own expense.

SEC. 71. Fees, Fines and Costs.-Justices of the Peace shall receive no salaries or allowances. A Justice shall be entitled to a fee of three pesos for each action, civil or criminal, tried by him. But in cases of nonsuit or default the Justice shall be entitled to but one-half of the fee herein provided. In civil actions, the fee shall be paid by the successful party, and taxed as a part of the cost against the defeated party. In criminal actions the fee shall be paid by the municipality, but shall be taxed as a part of the costs to be paid against the defendant if he be convicted and sentenced to pay the costs. All fines and costs imposed by a Justice of the Peace in criminal prosecutions and collected during any month shall be paid into the municipal treasury on the first day of the succeeding month. On that day, the Justice shall present to the Municipal Treasurer a detailed statement of the fines and costs collected by him since the last previous report, and of the fees accruing to him from the municipal treasury during the same period by virtue of this section. His account shall be forthwith audited by the Municipal Presidente and Treasurer, and he shall thereupon receive from the treasury the amount of his fees as allowed by these auditors. For the purpose of the auditing herein provided, the auditors shall examine the records of the Justice and any other papers or persons deemed necessary. The Justice shall in all cases execute a receipt in duplicate for all money paid to him for fees, fines or costs, one copy of which he shall retain and the other shall be delivered to the person making the payment. The copies retained by him shall be produced before the auditors. If the auditors are of the opinion that needless prosecutions have been instituted for the purpose of enhancing fees, they shall report the facts to the Commission and request the removal of the Justice so offending.

SEC. 72. Fees, costs and fines in the Justice Courts in Manila.-Until

a municipal government is established in the City of Manila, all fees, costs and fines collected by Justices of the Peace in criminal actions in the city shall be paid into the Insular Treasury and the auditing of their statements, as provided in the preceding section, shall be by the Insular Treasurer, whose duties in this respect shall be the same as those of the auditing board provided in the preceding section; and the Justice fees in criminal prosecutions shall be paid from the Insular Treasury. After the organization of a municipal government in the city of Manila, all the provisions of the preceding section shall be applicable to it, as to other municipalities.

SEC. 73. Fees to be only those prescribed by law. -No Justice of the Peace, clerk, or amanuensis thereof shall collect or receive any fee, except such as are prescribed in the fee bill embraced in the Code of Civil Procedure.

SEC. 74. Bonds of justices.—Each Justice of the Peace, before entering upon the performance of his duties, shall execute a bond to the Insular Government, with sufficient surety, to be approved by the Provincial Treasurer, in the penal sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, and the payment of all sums of money that shall come into his hands by virtue of his office. The bond shall be filed with the Provincial Treasurer and remain in his custody, and a breach of it may be prosecuted in the name of the Insular Government for the benefit of any party in interest.

SEC. 75. Officers of Justice Court.-Any deputy of the Governor or Sheriff of the Province is authorized to act as an officer of a Justice Court in the province, and to serve any process issuing from such Court. Process of such Court other than executions may also be served by any bailiff appointed by the Justice for that purpose, or by any policeman of the municipality.

SEC. 76. Auxiliary justices.-There shall be appointed by the Philippine Commission, to hold office during the pleasure of the Commission, one auxiliary Justice of the Peace, for each municipality which has a Court of a Justice of the Peace, who shall preside in the Justice Court in the municipality in case of the absence, disqualification or disability of the Justice, and in case of the death of the Justice, until the successor to the deceased Justice shall have been appointed and qualified. The auxiliary Justice shall receive the fees that would have appertained to the office of the Justice during such time as he shall perform the duties of the Justice as herein provided, but shall receive no other compensation.

SEC. 77. Clerks and justices to make annual reports.-The Clerk of the Supreme Court, and of every Court of First Instance, and every Justice of the Peace of the Islands shall, on or before February first of each year, make a full report concerning the business done in his Court for the year previous, to the Attorney General, upon forms to be prescribed by him. Such reports shall show the suits brought in each Court respectively, the suits dismissed by the plaintiff, and the suits decided during the previous calendar year, together with the suits pending at the close of the year, and the nature of the suits as to being civil or criminal. Each Clerk and Justice shall state the amount of costs received by him during the year. The Attorney General shall compile and analyze the reports thus made, and himself make a report to the Military Governor, to be transmitted to the Commission.

SEC. 78. Jurisdiction of Provost Courts over civil actions repealed,

and actions pending therein to be transferred.-All military orders, and all acts conferring upon Provost Courts in the Philippine Islands jurisdiction over civil actions, are hereby repealed. All civil actions now pending in the provost courts are hereby transferred to the proper tribunal in which they would have been brought under the provisions of this Act had this Act been in force at the time such actions were commenced, and the Supreme Court, Courts of the First Instance and Courts of the Justices of the Peace established by this act are authorized to try and determine the actions so transferred to them respectively from the Provost Courts, in the same manner and with the same legal effect as though such actions had originally been commenced in the Courts created by virtue of this Act. The criminal jurisdiction of Provost Courts shall not be affected by this Act.

CHAPTER VI.

NOTARIES PUBLIC.

SEC. 79. Temporary provisions as to notaries public.-Until the enactment of a new system of registration of land titles, whereby Notaries Public shall no longer be the legal depositories of original instruments affecting titles to land, the notarial law of the Philippine Islands of February 5, 1889, its Regulations of April 11, 1890, and the general instructions for drafting instruments subject to record in the Philippines, of October 3, 1889, as recognized under the proclamation issued by the Major General commanding the United States Army in the Philippines, dated August 14, 1898, and as modified by General. Order No. 40, issued from the office of the United States Military Governor, on September 23, 1899, and by General Order No. 20, issued from the office of the United States Military Governor on February 3, 1900, are continued in force, and persons authorized under said military orders and by appointments heretofore made by the Military Governor or the Commission to perform the duties of Notaries Public, will continue in the due performance thereof, in accordance with the laws, regulations, instructions, orders and modifications above set forth, unless such official shall be removed by the Commission.

SEC. 80. Ultimate deposit of all original notarial documents.—Whenever a law shall have been duly enacted and become operative, establishing a new system of registration of land titles, as provided in the preceding section, it shall be the duty of every Notary Public within the Islands forthwith to deposit in the office of the keeper of the general archives of the Islands at Manila, whatever the final official title of that officer may be, all registers, files, original documents, protocols, and notarial instruments of every kind which are in his possession and custody, and it shall be the duty of such custodian of the general archives carefully to preserve all such registers, files, original documents protocols and notarial instruments of every kind, and when requested to do so by the persons interested, to issue a copy of any document so lodged with him, attesting the same under his official title, and with his seal of office.

SEC. 81. Repeal of present notarial law.-After the enactment of a new system of registration of land titles, the notarial law of the Philippine Islands on February 5, 1889, its regulations of April 11, 1890, and the general instructions for drafting instruments subject to record in the Philippine Islands, of October 3, 1889, and the modifications thereof, by General Order No. 40, issued from the office of the United

States Military Governor, on September 23, 1899, and by General Order No. 20, issued from the office of the Military Governor on February 3, 1900, shall be repealed and shall be of no effect after the date of such enactment, and thereafter appointments of Notaries Public and the performance of official duties by them shall be regulated by the subsequent provisions of this Act.

SEC. 82. Appointment and removal of notaries public.—Judges of the Courts of First Instance may appoint, in their respective provinces, as many Notaries Public as the public good requires, and shall appoint at least one Notary Public for every organized municipality within the province, to hold their offices for two years from the first day of January of the year in which they are appointed, whose jurisdiction shall extend throughout the province, but not elsewhere. Clerks of Courts of First Instance shall be, by virtue of their office, Notaries Public.

Notaries Public may be removed from office for good cause, by the judge or judges of the province or his successor in office. In the city of Manila, the Judges of the Supreme Court may appoint as many Notaries Public as the public good requires, and may remove them from office for good cause. Notaries so appointed shall hold their office for two years from the first day of January of the year in which they are appointed, and their jurisdiction shall extend throughout the city of Manila, but not elsewhere.

SEC. 83. Commission.-The appointment of a Notary Public shall be in writing, signed by the Judge, and shall be substantially in the following form:

"United States of America, Philippine Islands,

Province of....

"This is to certify that.

municipality of.

on the.....

.day of........

of the

.in said province, was, ...A. D., 19......,

appointed by me a Notary Public, within and for said province, for the term ending on the first day of January, A. D., 19..

Judge of the Court of First Instance for said Province."

SEC. 84. Oath.-Every Notary Public, before entering upon his duties, shall take and subscribe the following oath or affirmation: "I, solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties of the office of Notary Public within and for the province of

according to the best of my ability and understanding, agreeably to the laws of the Philippine Islands; and that I recognize and accept the supreme authority of the United States in these Islands, and will maintain true faith and allegiance thereto; and that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion; so help me God." (The last four words to be stricken out in case of affirmation.)

(Signature)

"Subscribed and sworn to (or affirmed) before me, this

day of ......

The oath may be administered by the Judge, or any Justice of the Peace, and shall, together with the commission, be recorded in the

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