An Act Making Temporary Provision for the Appointment of Fiscals in the Provinces and Islands Not Yet Organized Under the Provincial Government Act

July 9, 1901

ACT NO. 160

AN ACT MAKING TEMPORARY PROVISION FOR THE APPOINTMENT OF FISCALS IN THE PROVINCES AND ISLANDS NOT YET ORGANIZED UNDER THE PROVINCIAL GOVERNMENT ACT

SECTION 1. The several persons who, by virtue of military orders or appointments by the Commissions, were performing the duties of promoter fiscal on the sixteenth day of June, nineteen hundred and one, when Act Numbered One hundred and thirty-six, providing for the organization of courts, went into effect, in provinces not yet organized under the Provincial Government Act, but in which Courts of First Instance had been established before the sixteenth day of June, nineteen hundred and one, are hereby continued in office as fiscals for their respective provinces, to perform the duties imposed upon provincial fiscals by the Provincial Government Act, and to receive the same salaries which they were respectively receiving on and before the sixteenth day of June, nineteen hundred and one, and they shall hold office until their respective provinces are organized and provincial fiscals shall have been appointed under the Provincial Government Act, or until removed by the Civil Governor with the consent of the Commission.

SECTION 2. The judge of Court of First Instance of any province not yet organized under the Provincial Governments Act and in which no Court of First Instance had been established prior to sixteenth day of June, nineteen hundred and one, is hereby authorized to make a temporary appointment of a fiscal for the province, as it was known under the Spanish regime, to perform the duties imposed upon the provincial fiscals by the Provincial Government Act and to receive a reasonable compensation, to be fixed by the judge making the appointment, which compensation shall not in any case exceed one hundred and twenty-five dollars per month. Such compensation shall date from the day on which the fiscal is appointed, and the fiscal so appointed shall hold office until the province for which he is appointed shall have been organized and a provincial fiscal shall have been appointed under the Provincial Government Act, or until removed by the Civil Governor with the consent of the Commission.

SECTION 3. The judge of the Court of First Instance of the Fourteenth Judicial District is hereby authorized to appoint a fiscal for said district, unless the Civil Governor, with the consent of the Commission, shall, before such appointment by the judge, have appointed a fiscal for said district. The fiscal so appointed, either by the Civil Governor or by the judge, shall perform the duties imposed upon provincial fiscals by the Provincial Government and shall receive compensation at the rate of one hundred dollars per month. Such compensation shall date from the day of appointment, and the fiscal so appointed shall hold office until removed by the Civil Governor with the consent of the Commission.

SECTION 4. The judge of the Court of First Instance whose duty it is by law to preside in that court in the "Comandancia" of Dapitan, Island of Basilan, and the Districts of Zamboanga, Cotabato, and Davao, is hereby authorized to appoint a fiscal for said "Comandancia," Island, and districts, unless the Civil Governor, with the consent of the Commission, shall, before such appointment by the judge, have appointed a fiscal for said Comandancia, Island, and districts. The fiscal so appointed, either by the Civil Governor or by the judge, shall perform the duties imposed upon provincial fiscals by the Provincial Government Act, and shall receive compensation at the rate of one hundred dollars per month. Such compensation shall date from the day of appointment, and the fiscal so appointed shall hold office until removed by the Civil Governor with the consent of the Commission.

SECTION 5. The salaries herein provided shall be paid in money of the United States and from the Insular Treasury.

SECTION 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.

SECTION 7. This Act shall take effect on its passage.

ENACTED, July 9, 1901.