[ Acts No. 1817, April 03, 1908 ]
AN ACT TO RELIEVE SHERIFFS IN PROVINCES INHABITED BY MOROS AND OTHER NON-CHRISTIAN TRIBES FROM THE PROVISIONS OF SECTION TWENTY-THREE OF ACT NUMBERED ONE HUNDRED AND THIRTY-SIX, AND PROVIDING FOR THE GIVING OF BONDS BY THE SHERIFFS OF SUCH PROVINCES.
By authority of the United States, be it enacted by the Philippine Commission, that:
SECTION 1. The provisions of section twenty-three of Act Numbered One hundred and thirty-six, as amended, are hereby declared to be inapplicable to the governors or sheriffs in the Provinces of Benguet, Lepanto-bonntoc, Nueva Vizcaya, Agusan, and in the Province: Provided, however, That the bonds heretofore given by governors or sheriffs in such provinces shall continue in force according to the terms thereof during the term of office for which the bond was given.
SEC. 2. In the aforesaid provinces the governor of the province or any person lawfully appointed to the position of sheriff shall, others. before being qualified to perform the duties of sheriff or officer of the court, execute a bond in a sum to be fixed by the judge of the Court of First Instance having jurisdiction, which sum shall not be less than the greatest aggregate value of all the money or property which has come into the hands of the sheriff of such province in any one previous fiscal year, which bond shall run to the Government of the Philippine Islands for the benefit of whom it may concern, and upon which there shall be not less than two who shall each justify under oath in the full amount of the bond before the judge of the Court of First Instance having jurisdiction or in Ins absence, before the provincial fiscal. The bonds bond shall be conditioned for the faithful performance of the duties of himself and his deputies as sheriff and officers of the court and for the payment to the Government or the persons entitled thereto of all sums of mono}' that shall come into his or their hands as such sheriff or deputies. The judge of the Court of First Instance, if satisfied that such is the fact, shall attach to the bond his certificate that, in his opinion, the sureties upon the within bond arc possessed of sufficient property, Over and above their just debts and liabilities and exclusive of property exempt by law from levy and sale upon execution, to satisfy such bond and shall forward the same to the Auditor for approval as to form, and upon approval the Auditor shall transmit said bond and said certificate to the insular Treasurer for file. In case the sureties shall fail to justify on the bond before the court or fiscal or in case the judge is not satisfied as to their sufficiency he shall return the bond to the governor or sheriff, requiring that .the sureties shall further justify or that new or additional sureties be given as the case may be. After the bond is received by the Insular Treasurer if shall be kept on file in his office. The bond shall be available for the benefit of the Government and of any person or persons in interest. Until Approval by Auditor the officer shall not be entitled to any fees for services performed, but the Auditor's approval shall be effective as of the date of the bond. The governor or sheriff may require each deputy appointed by him to give sufficient indemnity for his protection against any wrongdoing on the part of such deputy.
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 of "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, April 3, 1908.
SECTION 1. The provisions of section twenty-three of Act Numbered One hundred and thirty-six, as amended, are hereby declared to be inapplicable to the governors or sheriffs in the Provinces of Benguet, Lepanto-bonntoc, Nueva Vizcaya, Agusan, and in the Province: Provided, however, That the bonds heretofore given by governors or sheriffs in such provinces shall continue in force according to the terms thereof during the term of office for which the bond was given.
SEC. 2. In the aforesaid provinces the governor of the province or any person lawfully appointed to the position of sheriff shall, others. before being qualified to perform the duties of sheriff or officer of the court, execute a bond in a sum to be fixed by the judge of the Court of First Instance having jurisdiction, which sum shall not be less than the greatest aggregate value of all the money or property which has come into the hands of the sheriff of such province in any one previous fiscal year, which bond shall run to the Government of the Philippine Islands for the benefit of whom it may concern, and upon which there shall be not less than two who shall each justify under oath in the full amount of the bond before the judge of the Court of First Instance having jurisdiction or in Ins absence, before the provincial fiscal. The bonds bond shall be conditioned for the faithful performance of the duties of himself and his deputies as sheriff and officers of the court and for the payment to the Government or the persons entitled thereto of all sums of mono}' that shall come into his or their hands as such sheriff or deputies. The judge of the Court of First Instance, if satisfied that such is the fact, shall attach to the bond his certificate that, in his opinion, the sureties upon the within bond arc possessed of sufficient property, Over and above their just debts and liabilities and exclusive of property exempt by law from levy and sale upon execution, to satisfy such bond and shall forward the same to the Auditor for approval as to form, and upon approval the Auditor shall transmit said bond and said certificate to the insular Treasurer for file. In case the sureties shall fail to justify on the bond before the court or fiscal or in case the judge is not satisfied as to their sufficiency he shall return the bond to the governor or sheriff, requiring that .the sureties shall further justify or that new or additional sureties be given as the case may be. After the bond is received by the Insular Treasurer if shall be kept on file in his office. The bond shall be available for the benefit of the Government and of any person or persons in interest. Until Approval by Auditor the officer shall not be entitled to any fees for services performed, but the Auditor's approval shall be effective as of the date of the bond. The governor or sheriff may require each deputy appointed by him to give sufficient indemnity for his protection against any wrongdoing on the part of such deputy.
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 of "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, April 3, 1908.