[No. 183.]

AN ACT to incorporate the city of Manila.

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

SECTION 1. (a) Inhabitants of Manila constitute a municipality.The inhabitants of the city of Manila, residing within the territory described in Section 2 of this act, are hereby constituted a municipality, which shall be known as the city of Manila, and by that name shall have perpetual succession, and shall possess all the rights of property herein granted or heretofore enjoyed and possessed by the city of Manila as organized under Spanish sovereignty.

(b) City of Manila to have a seal; to dispose of real and personal property, etc.—It may have a common seal, and alter the same at pleasure, and may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interests of the city, contract and be contracted with, sue and be sued, and prosecute and defend to final judgment and execution, and execute all the powers hereinafter conferred.

SEC. 2. Temporary boundaries of city prescribed. The temporary boundaries and limits of said city are hereby established and prescribed in general, as follows:

Beginning at a point at the junction of Estero Vitas with Manila Bay at low-water mark, in the northwest corner of Manila, thence running S. 63° E. up Bocana Vitas to its junction with Estero Gagalangin, 226.00 meters; thence N. 30° E. on Gagalangin Estero, 362.50 meters; thence S. 80° E. to the center of the main road to Caloocan at its junction with Calle Solis, 679.00 meters; thence S. 76° E. in center of Calle Solis, 85.00 meters; thence N. 82° 15′ E., 50.00 meters; thence N. 75° 10' E. to junction with Manila and Dagupan Railroad, 147.50 meters; thence S. 79° E. in center of Calle Solis, 68.00 meters; thence N. 79° E., 100.00 meters; thence N. 70° 15′ E., 252.50 meters; thence N. 79° 50' E. to junction of Calle Solis with Calle Lico, 186.00 meters; thence S. 71° 30' E. crossing Paangbundoc palay fields to a point at the junction of Calle Sangleyes and Calle Loma, 726.00 meters; thence N. 56° E. in center of Calle Sangleyes to a point in front of the Chinese Hospital, 170.00 meters; thence N. 63° 50′ E. across fields to center of Blockhouse No. 4, 445.00 meters; thence S 22° E. to center of Blockhouse No. 5, 184.00 meters; thence S. 22° E. to center of Blockhouse No. 6, 540.20 meters; thence S 43° 15′ E. to center of Blockhouse No. 8, 753.00 meters; thence S. 80° 10′ E. to center of Blockhouse No. 9, 704.20 meters; thence S. 53° E. to center of Blockhouse No. 10 (or Baligbaligy), 907.50 meters; thence S. 58 E. to center of Blockhouse No. 11, 457.00 meters; thence S. 38° 15' E. to center of San Juan Bridge, 757.00 meters; thence S. 55° 30′ E. down middle of San Juan River, 479.00 meters; thence S. 26° 10′ E., 552.00 meters; thence S. 3° 40′ W., 185.00 meters; thence S. 48° 15′ W., 505.00 meters; thence S. 63° 30′ W., 316.00 meters; thence S. 83° W., 382.00 meters; thence N. 64° 10′ W., 151.00 meters; thence N. 29° 50′ W. to a point in the middle of the Pasig River, 135.00 meters; thence S. 67° 10' W. on the Pasig River, 137.50 meters; thence up the center of Estero Biata to a point at its junction with Estero Pesafrancia and Estero Lasdamas; thence continuing up the middle of Estero Lasdamas to a point at its junction with Estero Paco; thence

on Estero Paco to Calle Lingeros and Estero Tripa de Gallina; thence in the middle of Estero de Gallina to a point on the Singalon Bridge on the road from Pineda to San Pedro Macati; thence S. 76° W. to the middle of Calle Lico, 40.00 meters; thence S. 47° 30′ W., in the middle of Calle Lico to its junction with Camino Singalon, 39.00 meters; thence S. 63° 40′ W. to Calle Real de Pineda, 119.00 meters; thence S. 63° 50′ W. in the middle of the road from Singalon to Maytubig or Malate, 185.00 meters; thence S. 26° 30′ W., 159.00 meters; thence S. 81° 50′ W., 152.50 meters; thence S. 69° 50′ W., 23.00 meters; thence S. 77° 30′ W., 170.00 meters; thence S. 68° 40′ W. to the junction of Calle San Lucas, 167.50 meters; thence S. 22° 50′ E. in the middle of Calle San Lucas, 224.00 meters; thence across fields S. 68 30' W. to a point in the middle of Calle Marina, about 206.00 meters, to low-water mark in Manila Bay; thence following the shore line of said bay at low-water mark in a general northwesterly direction to the point of beginning.

On or before the 31st day of December, 1901, the Municipal Board hereinafter provided for shall make careful investigation and fix what, in its opinion, are proper boundaries for the city of Manila, and make report of its investigations to the Commission for further legislation. For this purpose it shall cause surveys to be made of the proposed new boundaries and may include within such proposed boundaries territory not now or heretofore included in the city of Manila.

SEC. 3. Jurisdiction of city government for police purposes.-The jurisdiction of the city government for police purposes only shall extend to three miles from the shore into Manila Bay and over a zone surrounding the city on land of five miles in width.

SEC. 4. Government of city vested in Municipal Board.-The government of said city is hereby vested in a Municipal Board, consisting of three members, to be appointed by the Civil Governor, by and with the consent of the Commission, and to be removable in the same manner. One member of the Board shall be designated in the appointment as President, and shall preside at all meetings of the Board. He shall sign all ordinances, resolutions, bonds, contracts, and obligations made or authorized by the Board, and shall issue such orders and instructions as may be necessary to carry out and enforce the ordinances of the city, and the orders of the Board relating thereto. In case of sickness or prolonged absence of any member of the Board, or if for any reason it becomes necessary to maintain a quorum or to break a tie, the Civil Governor may make temporary appointment until the return of such absent member or members. The person so appointed shall possess all the rights and perform all the duties of a member of the Board.

SEC. 5. Duties of Secretary of Board.-The Board shall have a secretary, who shall be first appointed by the Civil Governor, by and with the consent of the Commission, and his successor shall be appointed by the Board, subject to the provisions of the Civil Service Act. The Secretary shall be in charge of the municipal records. He shall keep a full record of the proceedings of the Board, both legislative and executive, and file all documents relating thereto; shall record, in a book kept for that purpose, all ordinances passed by the Board, with the dates of passage and publication of the same; shall keep the corporate seal, and affix the same, with his signature, to all ordinances and other official acts of the Board, and shall present the

same for signature to the President; shall cause each ordinance passed to be published as herein provided; shall have charge and custody of all records and documents of the city and of any office or department thereof, for which provision is not otherwise made; shall, on demand, furnish certified copies of all city records and documents, and shall collect and receive therefor such fees as may be prescribed, for the use of the city; shall keep his office and all records therein open to inspection during usual business hours by all residents of the city and all officers of the Insular and general governments. He shall have such other powers and perform such other duties as the Board may prescribe.

SEC. 6. Duties of Disbursing Officer of Board.-The Board shall appoint a disbursing officer, who shall be charged with the duty of disbursing all moneys drawn from the Insular Treasury pursuant to appropriations made by the Commission. He shall discharge his duties in accordance with the provisions of Act No. 145, prescribing the duties of disbursing clerks, and shall render his accounts in such manner as the Auditor for the Philippine Archipelago may prescribe.

SEC. 7. Oath to be taken by each member of Board, and city officer.Each member of the Board, and city officer appointed under this act shall, before entering on the duties thereof, take and subscribe to the following oath, which shall be filed with the Secretary to the Board, and be by him recorded:

I,

having been duly appointed

of the city of Manila, do hereby accept said office, and do solemnly swear (or affirm) that I recognize and accept the supreme authority of the United States of America in these Islands, and will maintain true faith and allegiance thereto; that I will obey all the laws, legal orders, and decrees promulgated by its duly constituted authorities; that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion; that I will well and faithfully discharge the duties of the office upon which I am about to enter, so help me God. (Last four words to be stricken out in case of affirmation.)

of

(Signature of officer.)

Subscribed and sworn to (or affirmed) before me this

day

This oath, and all others required in connection with the administration of the city government, may be administered by any officer authorized to administer oaths, or by any member of the Board or its secretary, or by any other city officer appointed under this act, and no fee shall be charged therefor.

SEC. 8. Each member of Board to execute bond.-Each member of the Board, before entering upon the duties of his office, shall execute a bond to the Insular Government in the sum of ten thousand dollars, and with such surety or sureties as shall be approved by the Treasurer of the Philippine Archipelago. The bond shall be filed with the Treasurer, and a copy spread upon the records of the Board. Every city officer charged with the custody of property or funds, before entering upon the duties of his office, shall execute a bond to the city, in such

sum and with such surety or sureties as shall be approved by the members of the Board in writing thereon. The bond shall be filed with the Treasurer, and a copy spread upon the records of the Board. Should suit be brought upon any of said bonds, it shall be no defense to those signing the bond that the above requirements for approval have not been complied with, if, in fact, by virtue of such bond, such officer has entered upon his official duties.

SEC. 9. Beginning of fiscal year.-The fiscal year of the city shall commence on the first day of July of each calendar year, and extend to and include the thirtieth day of June following.

SEC. 10. Method of transacting business by Board.-The Board shall meet and transact business every day during the year, Sundays and legal holidays excepted. It shall sit with open doors unless otherwise ordered by affirmative vote of two members. It shall keep a record of its proceedings, and determine its rules of procedure not herein set forth. Two members of the Board shall constitute a quorum for the transaction of business, and two affirmative votes shall be necessary to the passage of any ordinance or motion. The ayes and noes shall be taken and recorded upon the passage of all ordinances, upon all propositions directing payment of money or creating liability, and at the request of any member, upon any other proposition. Each ordinance shall be sealed with the city seal, signed by the President of the Board and the Secretary, and recorded in a book kept for that purpose. Each ordinance shall be published in two daily newspapers of Manila, one printed in English and the other in Spanish, within three days after its passage, and shall take effect and be in force on and after the tenth day following its passage, if no date is fixed in the ordinance.

SEC. 11. Board to have certain legislative and executive authority.The Board shall have the legislative authority herein conferred. It shall possess the executive powers herein conferred, which shall be exercised through the following departments, and by general supervisory control over the same:

1. Department of Engineering and Public Works.

2. Police Department.

3. Law Department.

4. Department of Fires and Building Inspection. 5. Department of Assessments and Collections.

SEC. 12. Appointment of city officers and employés, etc.-The heads of departments, assistant heads, and all superintendents therein shall, upon the passage of this act, be appointed by the Civil Governor, by and with the consent of the Commission, and shall be subject to removal by the Board. Vacancies in such offices thereafter shall be filled by appointment of the Board in accordance with the provisions of the Civil Service Act. Employés other than officers shall be appointed and removed by the heads of departments in accordance with the provisions of the Civil Service Act.

SEC. 13. Board to inspect official books, papers, etc.-The Board shall have power at all times to examine and inspect official books, papers, and records of all officers, agents, and employés, and shall examine and inspect the same at least once in each year.

SEC. 14. Board to submit annually certain information to Civil Governor; to prepare annual report.--On or before the tenth day of June of each year, the Board shall prepare and present to the Civil

Governor for transmission to the Commission, in itemized form and in detail: (a) an inventory of lands, buildings, and other property, real and personal, belonging to the city, including cash in the treasury; () a statement of the liabilities of the city; (c) an estimate of the revenues of the city from all sources for the ensuing fiscal year, with a statement opposite each item of the amount realized from such sources during the preceding twelve months; (d) an estimate of the ordinary expenses for the ensuing fiscal year, with a statement opposite each item of the corresponding expenses during the preceding twelve months; (e) an estimate of such extraordinary expenditures as may be necessary for any purpose, the approximate total expenditure recommended, and the amount which it is expected to expend during the ensuing fiscal year; also an itemized statement of the extraordinary expenditures during the preceding twelve months. The Board shall, on or before the first day of August of each year, prepare and present to the Civil Governor for transmission to the Commission an annual report covering the operations of the city government during the preceding fiscal year. This report shall be printed in pamphlet form by the Board for general circulation.

SEC. 15. Appropriations for city of Manila.-The Commission shall, upon estimates submitted by the Board, make all appropriations for the expenses of the city of Manila. Thirty per cent. of the appropriations for said purpose shall be paid out of any moneys in the Insular Treasury not otherwise appropriated, and seventy per cent. shall be paid out of the revenues of the city of Manila. In part consideration of the contribution of thirty per cent. of the city expenses from the Insular Treasury, it shall be lawful for the Insular Government to appropriate to its use temporarily the building known as the Ayuntamiento, now occupied by the offices of the Insular Govern

ment.

SEC. 16. General powers and duties of Board.-The Board shall take possession of all lands, buildings, offices, books, papers, records, moneys, credits, securities, assets, accounts, or other property or rights belonging to the former city of Manila or pertaining to the business or interests thereof, and, subject to the provisions herein set forth, shall have control of all its property except the building known as the Ayuntamiento, provision for the occupation and control of which is made in Section 15 of this act; shall collect taxes and other revenues, and apply the same in accordance with appropriations, as herein before provided, to the payment of the municipal expenses; shall supervise and control the discharge of official duties by subordinates; shall institute judicial proceedings to recover property and funds of the city wherever found or otherwise to protect the interests of the city, and shall defend all suits against the city; shall make such ordinances and regulations as may be necessary to carry into effect and discharge the powers and duties conferred by this act, and to provide for the peace, order, safety, and general welfare of the city and its inhabitants; shall fix penalties for the violation of ordinances, provided that no fine shall exceed one hundred dollars, and no imprisonment shall exceed six months for a single offense. The Board shall see that the laws and ordinances are faithfully executed and enforced, and shall have such further powers and perform such further duties as may be prescribed by law.

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