Amendment to Act No. 1497 (Grant of Franchise to Philippine Railway Company)

February 3, 1911

ACT NO. 2053

AN ACT TO AMEND ARTICLE TWO OF THE FRANCHISE CONTAINED IN ACT NUMBERED FOURTEEN HUNDRED AND NINETY-SEVEN OF THE PHILIPPINE COMMISSION, ENTITLED "AN ACT GRANTING TO THE PHILIPPINE RAILWAY COMPANY A CONCESSION TO CONSTRUCT RAILWAYS IN THE ISLANDS OF PANAY, NEGROS, AND CEBU, AND GUARANTEEING INTEREST IN THE FIRST MORTGAGE BONDS THEREOF, UNDER AUTHORITY OF THE ACT OF CONGRESS APPROVED FEBRUARY SIXTH, NINETEEN HUNDRED AND FIVE," BY EXTENDING ITS PROVISIONS, UNDER CERTAIN LIMITATIONS, TO THE FORESHORE AND RECLAIMED LAND

SECTION 1. The first paragraph of article two of the franchise contained in Act Numbered Fourteen hundred and ninety-seven of the Philippine Commission is hereby amended to read as follows:

"2. Under and by virtue hereof the right of way through the public lands of the Philippine Government is hereby given and granted to the grantee for the construction, operation, and maintenance of the railroad or railroads as herein authorized to the extent of one hundred feet in width where it may pass through the public domain, including all necessary ground for depots, machine shops, station buildings, workships, water stations, warehouses, terminals, including wharves and dock fronts, switches, sidetracks, and turntables, and also such extra lands beyond such one hundred feet as may be found necessary for said purposes: Provided, That the same be approved by the Governor-General as a part of the definite plans hereinbefore provided for, and the right, power and authority shall thereunder be given to said grantee, with the written approval of the Governor-General, to open and work quarries and gravel pits upon any public lands and take from such lands earth, stone, timber, and other materials for the construction of such railway; but the provisions of this paragraph shall only apply to public lands available for homestead settlement or for sale under the Public Lands Act, or to timber lands used and assigned for other public purposes, nor to the lands known as the 'fiars' lands: Provided, further, That the provisions of this paragraph shall also apply to the foreshore, as defined in existing law, and to all Government and public lands made or reclaimed by the Government by dredging or filling, or otherwise, unless such land shall have been used or assigned for other public purposes; and such foreshores, or other land, hereby granted to the grantee, is hereby taken out of the operation of Act Numbered Sixteen hundred and fifty-four of the Philippine Commission: And provided further, That the quantity of land or width of way which, by virtue of this Act, may be acquired by the railway company for right of way or other railway uses upon the foreshore or reclaimed land shall be determined by the Governor-General."

ENACTED, February 3, 1911.