An Act Amending Act Numbered Twelve Hundred and Fifty-Eight

February 14, 1907

ACT NO. 1592

AN ACT AMENDING ACT NUMBERED TWELVE HUNDRED AND FIFTY-EIGHT, ENTITLED "AN ACT MAKING ADDITIONAL PROVISIONS TO THOSE CONTAINED IN ACT NUMBERED ONE HUNDRED AND NINETY, RELATING TO THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN IN CASES WHERE THE EXERCISE OF SUCH POWER IS INVOKED BY A RAILROAD CORPORATION FOR THE PURPOSES OF CONSTRUCTING, EXTENDING, OR OPERATING ITS LINE"

SECTION 1. Section three of Act Numbered Twelve hundred and fifty-eight, entitled "An Act making additional provisions to those contained in Act Numbered One hundred and ninety, relating to the exercise of the right of eminent domain in cases where the exercise of such power is invoked by a railroad corporation for the purposes of constructing, extending or operating its line, is hereby amended by adding at the end thereof the following language:

"When condemnation proceedings are brought by any railway corporation, in any court of competent jurisdiction in the Philippine Islands, for the purpose of the expropriation of land for the proper corporate use of such railway corporation, said corporation shall have the right to enter immediately upon the possession of the land involved, after and upon the deposit by it with the Treasurer of the Philippine Islands of the value of the land, in money, as provisionally and promptly ascertained and fixed by the court having jurisdiction of the proceedings, said sum to be held by the Treasurer subject to the orders and final disposition of the court: PROVIDED, HOWEVER, That the court may authorize the deposit with the Insular Treasurer of a certificate of deposit of any depository of the Government of the Philippine Islands in lieu of cash, such certificate to be payable to the Insular Treasurer on demand in the amount directed by the court to be deposited. The certificate and the moneys represented thereby shall be subject to the orders and final disposition of the court. And in case suit has already been commenced on any land and the money deposited with the Insular Treasurer at the date of the passage of this Act, the said money may, upon proper order of the court, be withdrawn from the Treasury by the railway corporation which deposited the same, and a certificate of deposit, as above described, may be deposited in lieu thereof. And the court is empowered and directed, by appropriate order and writ if necessary, to place the railway corporation in possession of the land, upon the making of the deposit." HEITAD

SECTION 2. The provisions of this Act shall apply to any railway corporation in the Philippine Islands although its franchise may in terms prescribe the deposit of actual cash.

SECTION 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 "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 4. This Act shall take effect on its passage.

ENACTED, February 14, 1907.