An Act Amending Section Twenty-Three of Act Numbered One Hundred and Thirty-Six, as Amended, by Providing that the Amount of the Bonds of the Sheriffs of Provinces shall be Fixed by the Insular Auditor

May 18, 1909

ACT NO. 1901

AN ACT AMENDING SECTION TWENTY-THREE OF ACT NUMBERED ONE HUNDRED AND THIRTY-SIX, AS AMENDED, BY PROVIDING THAT THE AMOUNT OF THE BONDS OF THE SHERIFFS OF PROVINCES SHALL BE FIXED BY THE INSULAR AUDITOR

SECTION 1. Section twenty-three of Act Numbered One hundred and thirty-six, as amended, is hereby further amended to read as follows:

"SEC. 23. The governor of the province, or, if he declines to act as sheriff, any person lawfully appointed to the position of sheriff, shall, before being qualified to perform the duties of sheriff or officer of the court, execute a bond, with not less than three sureties, running to the Government of the Philippine Islands, for the benefit of whom it may concern, in such penal sum as shall be fixed by the Insular Auditor. The sureties on said bond shall qualify under oath before the judge of the Court of First Instance, or, in his absence, before the clerk of the court. The bond shall be conditioned for the faithful performance of the duties of himself and his deputies as sheriff and officer of the court, and for the payment to the Government or the persons entitled thereto of all sums of money that shall come into his or their hands officially. Its form shall be prescribed by the Auditor, who shall approve and forward it to the Insular Treasurer for file. The bond shall bear an indorsement of the provincial treasurer stating that after due investigation, and to the best of his knowledge and belief, the sureties collectively own real property in double the amount of the bond, free from incumbrances and over and above any liabilities owing by them. The bond shall thereupon be forwarded to the Insular Treasurer and be kept on file in his office. The bond shall be available for the benefit of the Government and of any person in interest. Until the bond has been approved by the 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 execute a sufficient indemnity for his protection against any wrongdoing on the part of such deputy."

SECTION 2. This Act shall take effect on July first, nineteen hundred and nine, with the approval of the Secretary of War first had and obtained.

ENACTED: May 18, 1909.