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Examinations.

Class includes what.

ACT No. 167.—Civil service in cities of the second class-Labor service.

SECTION 9. All examinations for positions in the classified service shall be practical in their character, and shall relate to such matters, and include such inquiries, as will fairly and fully test the comparative merit and fitness of the persons examined to discharge the duties of the office or employment sought by them. All examinations shall be open to all applicants who have fulfilled the preliminary requirements, stated in section ten of this act. The examinations of applicants for employment as laborers shall relate to their capacity for labor, their habits as to sobriety and industry, and their experiences in the kind of work for which they apply. All applicants for any position in the classified service may, subject to the regulations adopted by the civil service commission, be required to submit to a physical examination before being admitted to the regular examinations held by the commission.

SEC. 19. The labor class shall include ordinary, unskilled laborers. Vacancies in the labor class shall be filled by appointment from lists of applicants registered by the civil service commission. Preference in employment from such lists shall be given according to regulations to be prescribed by the commission. The commission may establish separate labor lists for various institutions and departments. The commission shall require an applicant for registration for the labor service, before he can be registered, to furnish such evidence or to pass such examinations as it may deem proper with respect to his age, residence, physical condition, capacity for labor, sobriety, industry, and experience in the kind of work for which he applies.

ACT No. 206-Payment of wages of miners-Removing or defacing checks, etc.

Removing SECTION 1. Any person who willfully shall, from any loaded checks, etc., forbidden. coal car in or about any mines, breaker, or yard, in this Commonwealth, take, remove, sever, carry away, obliterate, or destroy any ticket, card, tin slip, or other device or sign, used to indicate or identify the person or persons to whom credit or pay is or shall be due for the mining of coal in said car, or for the loading of said car, for the purpose of depriving such person or persons from getting credit or pay for said car, or for the purpose of defrauding such person in any manner, shall be deemed guilty of misdemeanor, and, upon conviction therefor, shall be sentenced to pay a fine not exceeding one hundred dollars or to undergo an imprisonment not exceeding one year, or either or both, at the discretion of the court; and the jury trying the case may infer such intent from the fact of taking, removing, carrying away, severing, obliterating, or destroying, in any manner, of such tickets, card, tin slip, or other device or sign, as aforesaid.

Investiga

tions.

ACT No. 250.-Accidents on railroads.

SECTION 13. The [State railroad] commission shall investigate the cause of any accident on the lines or property of any common carrier, resulting in loss of life or injury to persons, within thirty days of the happening of said accident, when, in their judgment, said accident shall require investigation; and shall advise said common carrier of the result of said investigation, within sixty days from the happening of said accident, and shall include the result of said investigation in their reports. Before making any such examination or investigation, under this section, reasonable notice shall be given to the corporation, person, or persons, conducting and managing such common carrier, of the time and place of commencing the same. The general superintendent or manager of every common carrier shall inform the commission of any such accident immediately after its occurrence.

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ACT No. 329.-Liability of employers for injuries to employees.

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SECTION 1. In all actions brought to recover from an employer Fellow servfor injury suffered by his employee, the negligence of a fellow-fense, when. servant of the employee shall not be a defense, where the injury was caused or contributed to by any of the following causes; namely,

Any defect in the works, plant, or machinery, of which the employer could have had knowledge by the exercise of ordinary care; the neglect of any person engaged as superintendent, manager, foreman, or any other person in charge or control of the works, plant, or machinery; the negligence of any person in charge of or directing the particular work in which the employee was engaged at the time of the injury or death; the negligence of any person to whose orders the employee was bound to conform, and did conform, and, by reason of his having conformed thereto, the injury or death resulted; the act of any fellow-servant, done in obedience to the rules, instructions, or orders given by the employer, or any other person who has authority to direct the doing of said act.

Vice princi

SEC. 2. The manager, superintendent, foreman, or other person in charge or control of the works, or any part of the works, shall, pals. under this act, be held as the agent of the employer, in all suits for damages for death or injury suffered by employees.

PHILIPPINE ISLANDS.

ACTS OF U. S. CONGRESS, 1901-2.

CHAPTER 641.-Exclusion of Chinese laborers.

[See under United States, Acts of 1901-2, below.]
CHAPTER 1369.-Slave labor.

SECTION 5.

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Neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in said islands.

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SEC. 74. The government of the Philippine Islands may grant franchises, privileges, and concessions, including the authority to exercise the right of eminent domain for the construction and operation of works of public utility and service, Provided further, That it shall be unlawful for any corporation organized under this act, or for any person, company, or corporation receiving any grant, franchise, or concession from the government of said islands, to use, employ, or contract for the labor of persons claimed or alleged to be held in involuntary servitude; and any person, company, or corporation so violating the provisions of this act shall forfeit all charters, grants, franchises, and concessions for doing business in said island, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not less than ten thousand dollars.

LAWS OF U. S. PHILIPPINE COMMISSION-1902.

ACT No. 296.-Bureau of public printing--Skilled workmen to be employed.

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SEC. 2. There shall be a chief of the bureau of public printing, who shall be known as the public printer. The duties of the public printer shall be:

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Slavery prohibited.

Employment of slave labor.

to be tested.

4. To employ workmen who are thoroughly skilled in their Competency respective branches of industry as shown by trial of their skill under his direction, in accordance with the provisions of the civil service act.

Apprentices.

Classes.

Extra compensation.

U. S. money.

Objects.

LAWS OF U. S. PHILIPPINE COMMISSION—1903.
ACT NO. 650.-Bureau of printing-Apprentices-Rates of pay.

SECTION 1. There may be employed in the bureau of public printing as many apprentices as in the judgment of the secretary of public instruction the interests of the public service will permit, such apprentices to be selected by the public printer subject to such requirements as to age, physique, health, character, and education as may be prescribed by the Philippine civil service board. Apprentices shall be designated as first, second, third, fourth, fifth and sixth class apprentices, and shall be paid and serve in each class as hereinafter prescribed. All original appointments shall be to the sixth class, and apprentices shall be required to serve at least three months in this class at twenty cents per day before promotion to the fifth class, at least six months in the fifth class at thirty cents per day before promotion to the fourth class, at least nine months in the fourth class at forty cents per day before promotion to the third class, at least six months in the third class at sixty cents per day before promotion to the second class, at least six months in the second class at eighty cents per day before promotion to the first class, and at least six months in the first class at one dollar and ten cents per day, when they may be rated in the bureau of public printing as craftsmen. The promotion or reduction of an apprentice from one class to another shall be made by the public printer, and shall be based on the civil service efficiency rating of the apprentice.

SEC. 2 (as amended by act No. 1440). Native craftsmen, from the date of their entrance into the service, and native apprentices, from the date of their entrance into the second class, for each year of honest, faithful, satisfactory, and continuous service in the bureau of printing shall be entitled to receive at the end of the next succeeding year of honest, faithful, satisfactory, and continuous service, extra compensation as follows: Twenty centavos per diem for each full day of actual service rendered at a daily wage of one peso and twenty centavos or more but less than two pesos and forty centavos; forty centavos per diem for each full day of actual service rendered at a daily wage of two pesos and forty centavos or more but less than three pesos and twenty centavos; and sixty centavos per diem for each full day of actual service rendered at a daily wage of three pesos and twenty centavos or more: Provided, That this extra compensation shall not be paid for service rendered prior to March first, nineteen hundred and three. A native craftsman or apprentice separated from the bureau of printing after such extra compensation has been earned and before it becomes due shall not be entitled to receive any part thereof unless such separation shall be on account of lack of work, permanent disability, or death, in which event such native craftsman or apprentice, or his estate in case of death, may, on the recommendation of the director of printing, approved by the secretary of public instruction, receive the extra compensation accumulated at the time of separation. For the purposes of this act the services of native craftsmen and apprentices shall be deemed continuous until such craftsmen and apprentices are definitely separated from the service in the bureau of printing. SEC. 4. The compensation mentioned in this act is stated in money of the United States, but may be paid either in money of the United States or its equivalent in local currency at the authorized rate, as may be provided by law or order.

ACT No. 701.-Bencfit societies.

SECTION 1. Mutual benefit, relief, and benevolent societies or associatoins, whether incorporated or not, formed or organized for the purpose of paying sick benefits to members, or of furnishing support to members while out of employment, or of furnishing professional assistance to members, or of paying to relatives of

deceased members a fixed or any sum of money, or providing for any method of accident or life insurance out of dues or assessments collected from the membership, and societies or associations making either or any of such purposes features of their organization on the basis of fixed dues or assessments, shall report to the insular treasurer within thirty days after the passage of this act or within thirty days after their organization the fact of their formation, the name of the association, its principal place of business, the name of the president, secretary, and treasurer, and board of directors, or the names of officers having the usual duties of such offices by whatever name designated, the general purposes of such societies and the provision of the constitution or by-laws fixing the amount of dues or assessments and their disposition. Such societies or associations shall annually, on the first day of July, make a full report to the insular treasurer of their financial condition and a complete itemized statement of all their receipts and disbursements, including the name and address of the person from whom received and the name and address of the person to whom disbursed.

Reports.

Examina

SEC. 2. Whenever a petition is presented to the insular treasurer duly verified by at least three persons interested in such society tions. either as members, beneficiaries, or creditors and showing the necessity or expediency of such action, or whenever he deems it proper or necessary, the said insular treasurer either by himself or his duly authorized representative must make a careful examination into the financial affairs of such society or association, verify the resources and moneys on hand, check up the expenditures and ascertain its ability to meet its liabilities and fulfill the obligations entailed upon it by its constitution, by-laws, rules, or regulations.

Misuse of

SEC. 4. Any person, whether a member or not of any such society or association, who shall misappropriate or divert from its funds. lawful purpose, or appropriate to his own use or that of another, without proper authority, any of the funds or property of the society, shall be punished by a fine not to exceed five thousand dollars or by imprisonment not to exceed five years, or by both such fine and imprionment.

SEC. 5. Whenever the result of the examination by the insular Insolvency. treasurer shall show that the finances of the association are in such condition that it can not meet its liabilities and that its funds have been diverted from the purposes for which it was organized, to such an extent as to require him to declare it to be [in]solvent, he shall report the same to the attorney-general, who shall, in the name of the insular government, file a petition in the court of first instance to dissolve the association, sell its property, collect its assets and distribute the proceeds to the persons by law entitled to receive the same. In the settlement of the affairs of the association it shall be within the discretion of the court either to appoint the insular treasurer as the agent of the association to close up the affairs of the association or to appoint a receiver who shall discharge the same duty.

Business to

SEC. 8. The order appointing a receiver or designating the insular treasurer as an agent for the settlement of such societies shall cease. contain an injunction against all officers, agents, and collectors of the society, forbidding them to continue in the collection or disbursement of moneys belonging to the society, whether such officers or agents are resident or actually in the judicial district in which the petition is filed, or in other provinces, and it shall be the duty of the officers of the association at once, upon the making of the order appointing the receiver, to notify all agents and collectors of the making of the order and to direct same to cease collecting or disbursing money of the association.

Publishing

SEC. 9. It shall be unlawful for the insular treasurer or the attorney-general, or the deputy of either, engaged in the investi- information. gations and examinations provided by this act, to make public either the condition of the society or any information obtained with respect to the condition of the receipts or the expenditures

Registration

directed.

Rules, etc.

Certificates.

Neglect procure.

of such society, unless it shall be necessary to proceed against any of the officers of the association criminally for an offense under section four, or to apply to the court of first instance for a dissolution of the society under section five.

ACT No. 702.-Restriction of Chinese immigration-Registration.

SECTION 1. The collector of customs for the Philippine Archipelago is hereby authorized and directed to make the registration of all Chinese laborers in the Philippine Islands as required and prescribed by section four of the act of Congress approved April twenty-ninth, nineteen hundred and two, [chapter 641, Acts of 1901-2] entitled "An Act to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent," and to employ for that purpose the personnel of the Philippine customs service, the provincial and military officers hereinafter provided, and such other persons as may be necessary.

SEC. 2. The insular collector of customs shall make such rules and regulations as may be necessary for the efficient execution of this act, prescribing the form of certificates of registration required hereby, and making such provisions that certificates may be procured in localities convenient to the applicants.

SEC. 3. Each certificate of registration shall contain the name age, date, and place of birth, registry of birth, if any, local residence, occupation, and photograph of the person therein described, and such other data in respect to him as shall be prescribed by the insular collector of customs, and shall be issued by the proper officer upon payment to him of a fee of fifty cents, United States currency, said fee to be accompanied by a true photograph of the applicant in triplicate to the satisfaction of such officer. to SEC. 4. Any Chinese laborer within the limits of the Philippine Islands who shall neglect, fail, or refuse to obtain within the time prescribed by section four of the act of Congress of the United States, referred to in section one of this act, the certificate of registration by this act provided to be issued, and who shall be found within the Philippine Islands without such certificate of registration after such time has elapsed, may be arrested upon warrant issued by the court of first instance of the province or by the justice's court of the municipality returnable before said court of first instance, by any customs official, police, constabulary, or other peace officer of the Philippine Islands and brought before any judge of a court of first instance in the islands whose duty it shall be to order that such Chinese laborer be deported from the Philippine Islands, either to China or the country from whence he came unless he shall affirmatively establish clearly and to the satisfaction of such judge, by at least one credible witness other than Chinese, that although lawfully in the Philippine Islands at and ever since the passage of this act he has been unable by reason of accident, sickness, or other unavoidable cause to procure the certificate within the time prescribed by law, in which case the court shall order and adjudge that he procure the proper certificate within a reasonable time and such Chinese laborer shall bear and pay the costs of the proceedings: Provided, however, That any Chinese laborer failing for any reason to secure the certificate required under this law within two years from the date of its passage shall be deported from the islands. If it appears that such Lost certifi- Chinese laborer had procured a certificate in due time but that cate. the same had been lost or destroyed, he shall be allowed a reasonable time to procure a duplicate from the insular collector of customs or from the officer granting the original certificate, and upon the production of such duplicate such Chinese laborer shall be discharged from custody upon payment of costs.

Any Chinese person having procured a certificate of registration, and the same having been lost or destroyed, shall have a right to procure a duplicate thereof under such regulations as may be

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