[ Act No. 159, July 06, 1901 ]
AN ACT PROVIDING FOR THE APPOINTMENT OF TEMPORARY OFFICERS OF COURTS, AND CLERKS OF COURTS IN PROVINCES NOT ORGANIZED UNDER THE PROVINCIAL GOVERNMENT ACT, AND IN THOSE WHERE THE GOVERNOR HAS FAILED TO QUALIFY.
By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:
SECTION 1. In each province not organized under the Provincial Government Act the judge of the Court of First Instance of the province is hereby authorized to make a temporary appointment of a sheriff of the province, to serve until a permanent officer of the court of the province shall have been duly appointed in accordance with law. A temporary sheriff so appointed shall have all the powers of a permanent sheriff within his province, including the right to appoint deputies. Such temporary sheriff shall be paid three dollars per day for attendance upon the Court of First Instance while it is in session, and shall receive for the service of process reasonable fees, to be allowed by the judge in each case. Such fees shall be paid by the party requiring the services in civil actions, and by the Insular Government in criminal prosecutions. The per diem allowance for attendance at court shall also be paid by the Insular Government.
SEC. 2. In any province organized under the Provincial Government Act, where the governor of the province has failed to qualify by giving bond as an officer of the court, in accordance with law, and a sheriff has not been appointed, the judge of the Court of First Instance of the province is hereby authorized to appoint a temporary sheriff, with the same powers as are given to temporary sheriffs by section one. The compensation of such temporary sheriff shall be the same, and paid as provided in section one.
SEC. 3. The powers of a temporary sheriff appointed under this Act shall cease whenever a permanent officer of the court for the province shall have been duly appointed and has qualified by giving the bond required by law.
SEC. 4. In each province not organized under the Provincial Government Act, the judge of the Court of First Instance of the province is hereby authorized to make a temporary appointment of a clerk of court to serve until a permanent clerk of the court for the province shall have been appointed in accordance with law. The temporary clerk so appointed shall have all the powers of a permanent clerk within his province, including the right to appoint deputies. Such temporary clerk shall be paid a reasonable compensation for his services, to be fixed by the judge, to be paid out of the Insular Treasury, and his powers to act as clerk shall cease when a permanent clerk shall have been duly appointed in accordance with law.
SEC. 5. Temporary sheriffs and clerks appointed under the provisions of this Act shall not be required to give bonds.
SEC. 6. The public good requiring the speedy enactment of this Act, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 7. This Act shall take effect on its passage.
Enacted, July 6, 1901.
SECTION 1. In each province not organized under the Provincial Government Act the judge of the Court of First Instance of the province is hereby authorized to make a temporary appointment of a sheriff of the province, to serve until a permanent officer of the court of the province shall have been duly appointed in accordance with law. A temporary sheriff so appointed shall have all the powers of a permanent sheriff within his province, including the right to appoint deputies. Such temporary sheriff shall be paid three dollars per day for attendance upon the Court of First Instance while it is in session, and shall receive for the service of process reasonable fees, to be allowed by the judge in each case. Such fees shall be paid by the party requiring the services in civil actions, and by the Insular Government in criminal prosecutions. The per diem allowance for attendance at court shall also be paid by the Insular Government.
SEC. 2. In any province organized under the Provincial Government Act, where the governor of the province has failed to qualify by giving bond as an officer of the court, in accordance with law, and a sheriff has not been appointed, the judge of the Court of First Instance of the province is hereby authorized to appoint a temporary sheriff, with the same powers as are given to temporary sheriffs by section one. The compensation of such temporary sheriff shall be the same, and paid as provided in section one.
SEC. 3. The powers of a temporary sheriff appointed under this Act shall cease whenever a permanent officer of the court for the province shall have been duly appointed and has qualified by giving the bond required by law.
SEC. 4. In each province not organized under the Provincial Government Act, the judge of the Court of First Instance of the province is hereby authorized to make a temporary appointment of a clerk of court to serve until a permanent clerk of the court for the province shall have been appointed in accordance with law. The temporary clerk so appointed shall have all the powers of a permanent clerk within his province, including the right to appoint deputies. Such temporary clerk shall be paid a reasonable compensation for his services, to be fixed by the judge, to be paid out of the Insular Treasury, and his powers to act as clerk shall cease when a permanent clerk shall have been duly appointed in accordance with law.
SEC. 5. Temporary sheriffs and clerks appointed under the provisions of this Act shall not be required to give bonds.
SEC. 6. The public good requiring the speedy enactment of this Act, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 7. This Act shall take effect on its passage.
Enacted, July 6, 1901.