-..1-1. -,.- - - I. - 11.-.. I.- - _.. - -mmor-m I;,8T11 C!CIESS. SENATE. DocumENTj - W Semiont. j No. T. 584123 RULES AND REGL'LATIONS' FOR THE CARE, SALE, ETC., OF CERTAIN PUBLIC LANDS IN THE PHILIPPINE ISLANDS. MESSAGE L D FROM THE PRESIDENT'OF THE. UNITED STATES, 8UBMITTJNG WIT HIS APPROVAL, RULES AND REGULATIONS FOR THE LEASE, SALE, OR OTHER DISPOSITION OF THE PUBLIC LANDS, OTHER THAN TIMBER OR MINERAL LANDS, IN THE PHILIXPPINE ISLANDS, MADE BY THE GOVERNMENT OF SAID ISLANDS, PURSUANT TO THE PROVISIONS OF SECTION 13 OF THE ACT AIPPROVED JULY 1, 1902, ETC. DECEMBER 7,1903.-Read; referred to the Committee on the' Philippines and ordered to.-be printed. To the & -ate and Ioinoee of? Rpresentativeq: 1 submit herewith, wvith m approval thereof, rules and regulations. for the lease, sale, or other disposition of the public lands, other than timber or mineral lands, in the Philippine Islands, made by the government of said islands, pursuant to the provisions of section 13 of the act entitled "An act temporafily to provide for the adminstration of. the affairs of civil government in the Philippine Islands, and for other purposes, approved July 1, 190)2. I also transmit therewith a latter from the Secretary of War,, dated December 5, 1903, with inclosures.THEODORE ROOSEvELT WHITE HousE,, December 7, 1903. WA~R IDEPARi&INT` SIR: Section 13 of the act entitled "An act tempora~l1 ~o poide - for the administration of the affairso%-6f civil government 1fthe7-hi pine Islands, and for other purposes,'" approved Jl ~poi& as follows: SEC. 13. That the government of the Philippine Islands, subjet te thep( of this act and except.S eri provided5 a ja1l classify according: to isarcl 2- SALE OF LANDS IN THE PHILMRPINE ISLANDS. character and productiveness, and shall itmmediately make rules and regulations for the lease, sale, or other disposition of the public lands other than tim'ber or mineral laids, but such rules adl regulations shall not go into effect or have the force of law until thev have received the aipproval of the President, and when approved by the 'Presicdent they shall be submitted by himl to Congress at the beginning of the next tnsuing sessic;n thereof, and Iunless disapproved or amended by Congress at said session they shall at the close of such period have tile force and-dffeet of law in the lhilippine Islalis: IJtroided, That a single homlestead entry shall t exceed sixteen hectares in extent. On the 7th day of October., 19'13, the government of the Philippine Islands cotiplied-.witfi the foregoing provision by an act passed on that day tb the Philippine Commission. and entitledAn1 act prescriling rules and rcgulatiols governing the homlesteading, selling, and leasing of p)ortions of the lpubilic clomlaia of tle 'Philippine Islands, prescribing terms anl ccnlditions to enallfe personls to perfect their titles to public lands in said islands, providliln for the issuancec of Ipatents witlhout coill)ensationl to certai'n native settlers ulpon the iuliblic lac tis, iprvicling for tle establislulhent { f town sites and sale of lots therein, and providing fir a heacring alld dlecisiicl 1ly the Philippines court of land registrationi of all applicaticois for the colllmpletioll and confirmation of all inperfect anid ill'clllete Spanish c('cc(essi{ons anil grants in said islanls as authorized by sectictns tllirtet-'', toullrte'l, aii(l tiftevei (f tlhe act of ('ongress of July first, nineteen lundcredl alnd twoc, entitled ".\n act tempprarily t, provide for the aicdiniistration of tlhe affairs (,f civil governcmcn, t in the l'hilillppine Islalnds, and for other purposes." I trallsmlit herewith a copy of the said act of the Philippine Commission. I recommendl that the rules and regulations therein contained receive the approval of the President. and that when so approved they lbe stiubmitted lb the Presidelnt to Conigress at the beginning of the next ensuing session thereof. I transimit talso the letter of the civil governor of the Philippine Islands selnding the said act of the Philippine Commlission to the War I)epartlment, dated October 1. 19i)3, ard a copy of a letter by a majority of the Philippine Commllission explaining the said act, dated October 15, 190'). Very resp ectftilly. ELIIIU ROOT. Serctl'ly of l'ar. The PREIIIDENT. OFFICE Civil. GOVERNOR O(F THE P'ILIPPINE ISLANDS, Mo nila, Octob-rs 10, 1903. SIR: I beg to inclose herewith.a copy of the act providing rules and regulattions inl respect to the Settlenient and sale of public lahds in the islands and the perfecting of inchoate or incomplete Spanish titles. The law requires that this act shall go to the President for his approval and then be forwarded to Congress. By the next Iail 1 slhall send a statement of the Commission to expla.inl its action in fral inog these rules and regulations as they have beell fralled. blit I send this copy in order to facilitate the consideration of the rules and regulations, so that they may be presented to Congress at the topenlilg of the session. Very respectfully, WM. H. TAFT, Civil Governor7. The SECRETARY OF \WAR, Wltsh.,lt/o. I). C. SALE OF LANDS IN THE PHILIPPINE ISLANDS. 3 [No. 926.] AN ACT prescribing rules and regulations governing the homesteading, selling, and leasing of portions of the public domain of the Philippine Islands, prescribing terms and conditions to enable persons to perfect their titles to public lands in said islands, providing for the issuance of patents without compensation to certain native settlers upon the public lands, providing'fOr the establishment of town sites and sale of lots therein, and providing for a hearing and decision by the Philippines court of land registration of all applications for the completion and confirmation of all imperfect and incomplete Spanish concessions and grants in said islands as authorized by sections thirteen, fourteen, anld fifteen of the act of Congress of July first, nineteen hundred and'two, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes." By authority of the United Statres, be it enacted by the Philippine Commission that: CHAPTER I. —lHomesteads oi the public domain. SECTION 1. Any citizen of the Philippine Islands, or of the United States, or of any insular possession thereof, over the age of twenty-one years or the head of a family, may, as hereinafter provided, enter a homestead of not exceeding sixteen' hectares of unoccupied, unreserved, unappropriated agricultural public land in the Philippine Islands, as defined by the act of Congress of July first, nineteen hundred and two, entitled '-iAn act telmporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," which shall be taken, if on surveyed lands, by legal subdivisions, but if on unsurveyed lands, shall be located in a body which shall be as nearly as practicable rectangular in shape and not more than eight hundred meters in length; but no person who is the owner of more than sixteen hectares of land in said islands, or who has had the benefits of any gratuitous allotment of sixteen hectares of land since the acquisition of the islands by the United States, shall be entitled to the benefits of this chapter. SEC. 2. Any person applying to enter land under the provisions of this chapter shall file with such officer as may he designated by law as local land officer, or in case there be no such officer then with the chief of the bureau of public lands, an application uhder oath showing that he has the qualifications required under section one of this chapter, and that he possesses none of the disqualifications there mentioned; that such application is made for his exclusive use and benefit; that the same is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person, persons, corporation, or association of persons; that the land applied for is nonmineral, does not contain valuable deposits of coal or salts, is more valuable for agricultural than forestry purposes, and is not occupied by any other person; and showing the location of the land by stating the province, municipality, and barrio in which the same is situated, and as accurate a description as mav be given, showing the boundaries of the land, having reference to natural objects and permanent monumnents, if any. Upon the filing of said application the chief of the bureau of public lands shall summarily determine, by inquiry of the chief of the bureau of forestry and from the available land records,'whether the land described is prinla facie subject under the law to homestead settlement, and, if he shall find nothing to the contrary, the applicant, upon the payment of ten pesos, Philippines currency, shall be permitted to enter the quantity of land specified. SEC. 3. No certificate shall be given or patent issued for the land applied for until the expiration of five years from the date of the filing of the application; and if at the expiration of such time or at any time within three years thereafter the person filing such application shall prove bv two credible witnesses that he has lesided upon and cultivated the land for the term of five years immediately sucweeding'Te time of filing the application aforesaid, and shall make affidavit that no part of said land has been alienated or encumbered, and that he has borne true allegiance to the Government of the United States and that of the Philippine Islands, then, upon payment of a fee of ten pesos, Philippines currency, to such officer as may be designated by law as local land officer, or in case there be no such officer, then to the chief of the bureau of public lands, he shall be entitled to a patent: Procided, howecer, That in the event of the death of an applicant prior to the issuance of a patent his widow shall be entitled to have a patent for the land applied for issue to her, upon showing that she has consummated the requirements of law for homesteading the lands as above set out; and in case the applicant dies before the issflance of the patent and does not leave a widow, then the interest of the applicant in-the lahd shall descend and patent shall issue to the persons who under the laws of the Philippine Islands would have taken had the title been perfected by patent before the death of the applicant, upon proof by the persons thus entitled of compliance with said requirements and conditions. SEC. 4. No lands acquired under the provisions of this chapter shall in-any event 4 SALE OF LANDS IN THE PHILIPPINE ISLANDS. b}ecole lialle to tile satisfaction if any (lelbt contracted prior to the issuance of a patent theretfor. SEC.(. 5. If, at any time after the filing o)f the application as hereinblefore provided, and before the expiration of thet period allowel by law for the making of final proof, it is lroXed to tit satisfactioi of thie chief of the bureau of public lands, after due notice to tile hotmesteader, that tihe land entered is not unider the law stuject to hiomistea(i entry. )r that tlto Isnolestea(ler hlas actually change(l his residence, voluntarily alandoll dl the land for mlore than six imlloths at'any one time luring the five vears of residlence herein reltuiredl, or, has otlherwise failed to colpl.y with. tile relnuirtemclis o f law, tihen in that event the chief of the bureau of p)ulic lands mia cancel the entry,:.-ili.ct to alppeal llnder lpropter regulations to the Secretary of the Inittrior, and tlie landl tl ine lin sliall bec(m le suilject to lisposition as other public lani t li ke character. SF:n. Not mIlore tthan oce lholistead( entry shall be allowed to any one person. SE('.. Beftore tiial proof shal let' siubmitted(l i any person claiminig to have coimplied with thle prvi-iolns if this chapter, (ltue notice, as prescribed by the chief of tihe hutreau tf lpillic lalnds, with the approuval of the secretary iof the interior, shall lbe giveni to, the liulic of ihis ilntctioil to mlake smuch proof, stating thlerein tlhe timle anl pllace, and giving a dc1.-rilption of tle land anid the names of the witnesses ly whoiii it is expected that tltte Iecessar facts will ibe established. SEC. S..Any erso may! file all affidavit of c(,ntest against any homestead eitry, chargilng that the lanii entererd was inot unocctupied, unreserved, or unappropri:ited agricultural land at the tine if tiling tlhe application, alleging disqualification of the entrylalln. lnonclilpliance with law as to residence or cultivation, or any ottler matter which, if proen, w(\\oitl ibe just cause foir the calinellatiio of tile entry, and up)on successful terminatlioi oif thl cc, test, the colitestant. if a qualified entrviyan, shall l)e allowel a preference right (,f entry for sixty tlays from said date. Tile chief of the 1uireaui of ipullic lalds or any public officlal becoming aware of the existince of alny of tle grrouutds above statele, for impeaching or canceling the entry. may file foirmalll c(mllplaint against the entry om any sucl ground which, if prov en, soiall cause tlie cancellatio iof thie entry. SEC. 9. No patent sliall issue undler the npioisions of this chapter until the land has bteen survtve y undler the ulirectiiun iof the chief (f tile tureau of public lands and an accurate ate ipat mad thereof, the cost of which survey shall be borne by the insular goverelllllent. CH.I mTK I I I. —ile of portiouns of the pImblic domain. Src. 10. Any1 citizen of tile l'lilippine Islands, or of the United States, or of any insular possession thereof, or any! c(rpolratioln or like association of persons organized under the laws of ttle Philippinei Islants, or of the United States or any State, Territory, or instilar possession thereof, andl authorized to transact business in the Philippine Islands, may pirchase anlly tract of unoccupied, unappropriated, and unreserved nonimineral agricultural lpublic land in the Philippine Islaris, as defined in the act of C'olgress ot July first, nineteen hundred and two, not to exceed sixteen hectares for an inlivilsdal, ior one thousand and twenty-four hecta-res for a corporation or like association, by procee(ding as hereinafter provided in this chapter: Prorideld, That no association of iprsons not origanized as ala)ve and no imere partnership shall be entitled to purchase a greater quantity than will equal sixteen hectares for each mnembler thereof. SEEC. 11. Purchases miade undier the provisions of this chapter, of land previously surveyed, imust lie na(ie of contiguious legal subdivisions. All lands purchased hereiunder. whether previolusl surveyedt or not, in case the tract sought to be purchased exceeds sixty-four hectares in area, Imust be taken wherever possible in the form of contigumus sqiluares, which shiall contain at least sixty-four hectares each: 'Prorided, That in connection with tie purchase of lands in one or more tracts of sixtv-four hectares there mlay be tiurchased one rectangular tract of thirty-two hectares, the longer side of whic il must ble (ontiguous to the square tract of sixit-four hectares, or to iie of such tracts if mIore than one ie purchased. In no (ase mav lands purchasedl uniler the plrovisions of this chapter lie taken in such manner ts to gain any such control if any adjacent lalnd, water, stream, shore line, way, roadstead, or other valual}he righit a.s Iight le prejudicial to the interests of the public. SE(C. 12. An appllication to purchase land under this chapter must be filed with ssuch officer as lmay b)e designated by law as local land officer, or in case there be no su(ch officer then with tile chief of thle bureau of public lands. It must be executed under oath and must state the citizenship of the applicant and his post-office address; the location of tile land desired, stating the province, municipality, and barnio in -*wlich the same is situated, and as accurate a description as can be given, showing ISALE OF LANDS IN THE PHILIPPINE ISLANDS. 5 the bsoundaries of the land, having reference to natural ohjects anil permanent monunoentsif anv; a statement as to whether any part of the land is occupied or improved, and that it is nonmnineral in character. more valuiable, for agricultural than for forestry purposes. andt stes not contain (delposits oft (0a1 or salts. The alsplicatiors of a corporation must tbe accompanied by a certified cotpy of its charter or articles' of incorporation. An unincorporatedl assisciatiuor niust show that its mneuibers are severatlv possessed of the qtuatifications above reqluiredl of individuals. In the case of a corporatio n sir assosciation oirganizedi outsiste of the Philippine Islands, there must -be attachedI to the atpplication priper dtocumientary evidenice that the law governing the transaction of tunsiness in the Phiilip)pine lslawils liy foreign corporations or assuiciations has been eumuipliet wvith. Smc. 131. It shall the the, tutv- of the chief of the Imureasi of ptrtlic lands 1(o exausine all appliicatious to tiirctiase undler this cbapter, ansI to deterusine whether the applicant hias the qualifications required in section tesi hereof, iris froum the certificate of the~ chief of the tmreaui if forestry to steterniine wvhettier the lansi applied for is more valutabule for agricultural thtan forestry ~ptrposps. He shall relsort Isis finhirigs to the secretary of th e interis ur, urho, after, pruster considleration and appruival uof same, shall oyster thie sale tos le iiaite. It shall also be thie duty of the chief of the bureau if public lands to apluraise the land( -apsplieut fur uniter thiis chapter, which appraisemnent shalt not be less than tess pesos, Philippines currency, per hectare, anl t irs making this appraisal hie nmav call to his a-sistance any prov incial sir municipal oufficial of Z~the province in wnhich the land lies. When th e land shall save been appraiseul, as hsereintuefore provided, the chief uof the bureatt sf pusblic lansts shall aulvertise the same for sale by publishing a notice thereof once a week four six consectutive weeks irs two newspapers, one pubhished at 'Manila atiu the otlier (if ano sutch there be) published near the lami appliesi for, such notices to he publishest in tuuth the FEnglish anut Spanish languages. The -chief of the bureau sof public lands shall, with the approval if the Secretary of the Interior, purescribe, in astditiori to ftse publication in newspapsers, a suitatule method of pousting notice, upon the land sought to be puLrcliasest or in the tunetuo where the arid is situated. Tire notices bhall state a slate not earlier than ten days after the date of the last publication of the notice til the newspaper published af Mtanila, upon whsich (late the chief of the bureau of public lants wvill award the landI to the highest tuidder, sir will call for new bisls or otherwirse proceed as proviuhed by law. SEC. 14. All hbid mutst, te sealed ansI addresse-d sto the chijet if the bureau of public lands, ansI roirt have inclosedt therew itb a certsfied check sir a post-office money oruler payable to his orster, for twienty-hise per senturn of the arounsst of the bid, which amount shall be retairredl rrs case the bisl rs accepted, as part payment of the psrrclsase prise: 1Pcsrided, That no bisl shall be coissislered which are for less than the appraiseil valure of the lanul. SEC. 15. Upon the opening of the bisis the landt shall be awarded to the highest bidder. If there are two or more bidilers which are higher than other bidders attd are eqtual, ansI sine of sitch higher and equal bids is the hid of the applicant, his bid stratI lbe accepted. If, however, the bid of the applicant is not onie of such equal and higher bids, them the chief of thre tbureair of public lands shall at once submit the larols for pirblic bidding, and to the person making the highest bid on such prrblic auction the larsi shalt be awarded, but iso but received at sucs public auction shall be finally accepted until the tiidder shall have depositest twenty-five per centuma of his bid, as reqirired in section fosrrteen. The deposits of all unsrrccessful bidders shali'be returned at once by the chief of the bureatr of public lands. The chief of the bureau of psrblic lanile, wills the~approval of the secretary of the interior, shall have ansthoritv to reject any and all lilds hereunder. SEc. 16. Lansds sold under the provisions of this chapter must be pail for in the following manner: The balance of the purchase price, after dleducting the amnount pail by check or post-office money order at the time of subtinittirig the bid, -may be pail in full upon the making of the award, or may be paid in eqiral annual installrsersts, )r msay re paid in one installment at the expiration of five years from the -date of the awarsi. All sums~ remainirse unpaid after the date of the award shall bear six per centurn interest per annum from such date until pail. SEC. 17. Nii patent shall issue under the provisions or this shapter until the laud has been surveyed under the direction of the chief of the bureau of public lands and an accurate plst made th'ereof. The cost of such survey must be borne by the purchaser, if a (corporation or like association, and if the survey be made in advance of the regular surveys of the islands; but where the purchaser is an individual the cost of the survey shall be borne bythe insular governiment. Patents ishall not issue until after the expiration of five years from the date of the award, and before the same shall1 issue the purchaser must show actual occirpancyv, cultivation, and improvement of 6 SALE OF LANDS IN THE PHILIPPINE ISLANDS. the premises for a period of five years immediately succeeding the date of the award, and that he has not sold the lan(l or in any manner encumbered the title. SEC. rs. If, at any time after the (late of the award and before the-issuance of patent it is proven to the satisfaction of the chief of the bureau of public lands, after dut notice to the purchaser, that the purchaser has voluntarily abandoned the land for more than one year at any one time, or has otherwise failed to comply with the requirements of the law, then the land shall revert to the goverimnent, and all prior payments of purchase money shall be forfeited. SEC'. 19. This chapter shall be held to authorize only one purchase of the maximum amount of land hereunder by the same person, or by the same corporation or association of persons: and no corporation or association any member of which shall have taken the 'benefits of this halpter, either as an individlual or as a member of any other corporation or association, shall purchase any other public lands under this cehapter. SEC. 20. In-the event of the death of an indivi(tdual applicant subsequent to the date of thef filing of the application and prior to the issuance of patent, the distributees of his estate. as defined by law, mav claim the privilege of being subrogated to the rights of the deceased applicant and, if they coisnsummate the requirements of law for purchasing land hereunder, patent shall issue to such distributees. SEc. 21. If any land applied for under the provisions of this chapter shall be actually occup)ied by any person who is qualified to imake a homnestead or other entry under the public-land laws of the Philippine Islands, or by any native who is entitled bv law to a free patent, such person shall be personally served with notice as to his rights and shall be allowed a preference right of one hundred and twenty days within which to imake entry or apply for patent. CHAIXER II. —Let.sas of portios of the public domuii)i. SEc. 22. Any citizen of the I nited States, or of the Philippine Islands, or of any insular possession of the I'nited States, or any corporation or association of persons organized under the laws of the Philippine Islands or of the United States, or of any State, Territory, or insular possession thereof, authorized by the laws of its creation and by the laws of the l'hilipp)ine Islands and the acts of Congress applicable thereto to- transact business in the l'hilippine Islands, may lease any tract of unoccupied, unreserved nonuineral agricultural public lands, as defined by- sections eighteen and twenty of tlhe act of Congress approved July first, nineteen hundred and two, providinll a temporary goveernment for the Philippine Islands, and so forth, not exceeding one thousand and twenty-tour hectares, by proceeding as hereinafter in this chapter indicated: JPrs rided, That no lease shall be permitted to interfere with anty prior claimi by settlement!or oiccupation until the consent of the occupant or settlor is first had' and obtained, or until such claim shall be legally extinguished:.1id rorvidel fii-rthir, That no corporatison or association of persons shall be permitted to lease lands hertuinder which are not reasonably necessary to enable it to carry on the business for which it was lawfully created anld which it may lawfully pursue in tile PIhiliplpine Islands. SEc. 2:;. Lea.,es made und(er the provisions of this chapter, of land previouslvy surveyed, must tbe inade of con-tigutou legal subdivisions.- All lands lea.ed hereund(er, whether -previously surveIedl ior not, in case the tract sought to be leased exceeds sixty-four ht-ctares-in area. must be taken, where possible, in the form of contiguous squares which shall contain at least sixty-four hectares each: Pr -ctiled, That in con- ection w-it li the lease of lands in one or imore tracts of sixty-four hectares there mav be leased one rectangular tract of thirt -two hectares, the longer side of which must be contiguouus to the squiare tract of sixty-four hectares, or to one of such tracts if more than one be leased. In no case may lands leased tinder the provisions of this chapter be taken so as to gain a (control of adjacent land, water, stream, shore line, way, roadstead, or other valuable right, which in the opinion of the chief of the bureau of public lands woul(l be prejudicial to the interests of the public. SEa. 24. An application to lease land under this chapter must be executed under oath and filed withli such officer as may be designated by law as local land officer of the district in which the lanld is situated, or in case there be no such officer, then with thie chief of the bureau of public lands, ani miiust show the following facts: The citizenship and post-office address of the applicant; the location of the land, showing the _viince, municipality, and barrio in which the same is situated, and as accurate a desc-tiption as may be given, showing the boundaries of the land, having reference to natural objects and permanent monuments, if any; a statement as to whether the land contains any improvements or evidences of settlement and cultivation, and a -statemienf that it is- nonmineral in character, more valuable for agricultural than for SALE OF LANDS IN THE PHILIPPINE ISLANDS. 7 forestry purposes, and does not contain deposits of coal or salts. Corporations and associations shall be required to file evidence of their legal existence and authority to transact business in the Philippine Islands. SEc. 25. All applicalts for leases under the terms of this chapter must give notice, by publication and by such other means as may be required by the chief of the bureau of public lands, with the approval of the secretary of the interior, of intent -- to make application to lease the tract in question, which notice shall state the date when the application will be presented and shall describe as definitely as practicable the land sought to be leased. SEC'. 26. It shall be the dutv of the chief of the bureau of public lands to examine all applications for leases under this chapter and to (letermine whether the applicant has the qualifications required in section twentv-four hereof, and, from the certificate of the chief of the bureau of. forestry, to (letermine whether the land applied for is nmore valuable for agricultural than forestry purposes, and further summarily to determine from available records whether the land is nonmineral and does not contain deposits of coal or salts. He shall report his findings to the secre tary of the interior, who, after proper consideration and approval of same, shal. cause the lease to be executed. SEC. 27. The rate per hectare per annum for lands leased under this chapter shall be fixed bv the chief of the bureau of public lands, with the approval of the secretary of the interior, and shall in no case be less than fifty centavos, Philippines currency, per hectare per annum; said rent shall be paid yearly in advance, the. first payment being deposited with the chief of the bureau of public lands before the delivery of the lease. SE(C 28. Leases hereunder shall run for a period of not more than twenty-fige years, but mav be renewed for a second period of twenty-five years, at a rate to be fixed as above indicated, which rate shall not be less than fifty centavos per hectare and shall not exceed one pqso and fifty centavos, Philippines currency, per hectare. Land leased hereunder shall not be assigned or sublet without the consent of the chief of the bureau of public lands and the secretary of the interior. SEC. 29. No land -hall be leased under the provisions of this chapter until the land has been surveyed under the direction of the chief of the bureau of public lands and an accurate plat made thereof, the cost of survey to b)e borne by the lessee. SE(. 30. The lease of any lands under this chapter shall- not confer the right to remove or dispose of anv valuaile timber except as provided in regulations of the bureau of forestry for cutting timber upon such lands. Nor shall such lease confer. the right to rem;ove or dispose of stone, oil, coal, salts, or other minerals, but the' lease as to the part thereof which shall be mlineral Imav be cancelled by the chief of the bureau of public lands, with the approval of the secretary of the interior, whenever the mineral character of such part shall be made satisfactorily to appear, after due notice to the lessee. SEC. 31. The comrnission of waste or the violation of the forestry regulations by the lessee shall work a forfeiture of his last paiyment of rent and render him liable to immlediate dispossession and suit for damage. CA.iTrER IV.-Free patents to nttire settler.. SEc. 32. Any native of the Philippine Islands now an oc-cupant and cultivator of unreserved, unappropriated agricultural public land, as defined by the act of Congress of July first, nineteen hundred and two, who has continuously occupied and cultivated such land, either l)v himself or through his ancestors, since August first, eighteen hundred anld ninety-eight; or who, prior to August first, eighteen hundred and ninety-eight, continuously occupied and cultivated such land for three years immediately prior to said date, and who has been continuously since July fourth, nineteen hundred and two, until the late of the taking effect of this act, an occupier and cultivator of such land, shall ibe entitled to have a patent issued to him without compensation for such tract of land, not exceeding sixteen hectares, as hereinafter in this chapter provided. SEc. 33. Any persoy desiring to obtain the benefits of this chapter must, prior to January first, nineteen hundred and seven. file an application for a patent with such officer as lmay be designated by law as local land officer, or in case there be no such officer then with the chief of the bureau of public lands. Said application must be executed under oath, and tmust show the following facts: The name, age, and postoffice address of the applicant; that he is a native of the Philippine Islands; the locatidn of the land desired, stating the province, municipality, and barrio in which the same is situated, and as accurate a description as may tie given, showing the boundaries of the land, having reference to natural objects and permanent monumients, if any; that 8.SALE OF LANDS IN THE PHILIPPINE ISLANDS. the land is not claimle(l or occ(upied 1 b alny other person; a statement as to the date when the applicant or his a(ncetor. gixing the name of ancestor and stating his relal ionshil to the applicant, telteredl int o((ccupation and( txgan cultivation, and a descriptini of tihe improementnts which have been miade. If the first occupation and cultitivtio is cnlainledl tlhroughl an:ancestor, the app)licant Iiust show the name of such ancestor and must ile' satisfacto r\ evitdlnce ( f the (late and iplace of his death and }birial, in \\ hi(ch case the I atIet shaill issue in the name of the heir or heirs of such ancestir asd (tfinet 1by thi laws,f thtie Philiplpine Islands. SC'.:34. U'l)n reccipt (of saidl application it shall be the duty of the chief of the Iureaiu if iputlic lands to (causc a careful investigation to be ma(le in such manner as hle shall de(1' llces('(''sar for tlt' ascertainlent,f thle truth if the allegations therein (o(tained I. and if t if sateisfl,1 mi.11Cl il \'stigation t thattheapplicant comies wiithini the pr,,visilns )f this c(haplter. lite -hall'cause a patent to issue for tlle tract to such applicant. (or to the h(irs,tf his ianic-('(tor a> s provid(,(I in the next preceding section. not exceeding six(tcen llct('tare- in extent: I',riielrt' That no appllic(ati(o shall be finally acted tl ln until noti(cet therc()f hIas lbnen publ)lishedl in the munici pality and barrio in \ hliich the land( is l(csatdc. a an l dverse claimants ia'- had an opportunity to present thieir clairs:-:.1\,l /r.,,,r;,r/r irl/ter, Thal in(, pIatent shall issue until the laind has been survevc(d uinl(Ir thl (lirecti, ii)f tohe licf t if i the rirau of Ieputlic lanils and an accuratte plat lmade there(of. SK'.. ands a(lcquired unider th( lpr)ovi-ionis o(f this c(haplter shall b)e inalienable anl slhall nllt he sulljc( t o inl(cmnlbranllce f,lr a I)criod( of seven years froir the (late of ite is-iuanc of tlie,atient tlueretior. an(t siall I lt )he liable for the satisfac(tiron of any (Id t c(nitractcdl prio)r to, tlhe ex liratioin )f that period. C(I Ilirit \V.-TTon': snitn'. SF'. Sti. Whelnever in th( rie (oiii)n (of the secr(etary o)f the interior it shall be in the ipbllic interest to reserve a' tm\n site frilll the lpublic land or to acquire lands forsuch iurpll)se h, tlie txer(ci.-e (f tlie rilght of emlinenlt ldomllainl, he shall direct the chief of thie htretau )f rpublici lalnls tio hlave nlad(e a sulrvey of tlhe exterior boundaries of the 1all \\n hic h it e eelis it \\ ise so, to, reser\ve mr a lire. S(.:. '. Ipon thle c(mprletion and returnl of tile survey mIentioned in section thirt!-six, tlhe secretar! of thte inttrior shall forward the same to the Philippine (',rilliissio, n writhr lis ri( (ornlllllntr i ationis. SE:'. 3. Tihe (' )iii!lis-in, if it alii)rve the re(minllrln.ln(ationus of the secretary of tie interior, shall pass a resolultioni reserving thle land surveyed, or such part thereof as it imay deelr wise, as to wn sitte, andI a certifie( copy ) o such resolution shall b)e sentt t, til chitf iof tle Iurerau l of pliulirc lantds, who shall record the saille in the reor('ds of his ocfie and for\wardl i crrtifiedl copy of such record to the registrar of tihe il}ri-c-i ini whichi tire sulr\v(cv(l laand lies. S.:9'.!. It shallt then e lih tcdut of the chief of the iureau of lpublic lands, having rerc(rlde the resolutioln of the (ommlllllissin and the preliminlary survey acc(omnpanying 1le sanme(, to direct ai surbdivision and plat of tle land in accordance iwith the directioin- (cotaiined in the resolution aIpplirviig tile smi.e, if such resolultion cntain dirc-tions as to tlie mnethnol of subdivision (, or, if it contain no such direction, then in a lmanrnler whicnh shlall to, tl c'hief of tlie hurealua (f public lands seem hest adapted to tihe coinvllnience and interest of thie public and the residenrts of the future town. S1c. 40. Tlie (Ir)lConi —ion(l, ty resohltion, orr in the absence of action in this regard i,! tie Collllissi' tl hieif f ie chf tie hureau! of plublic lands shall reserve frorm the land tio }e platted lots of sulfficient size anld cnnvenienlt ittuation for public uses, as w\(1ll as tile necerssary a(venues streets, alleys, I)arks, and plazas. S}-(. 41. The plat,of thle sublldivisicoln shall lesignate certain lots a,- business lots and thie remsainder as residerce s, l an ts all also reserve and note the lots of land owned hy private inldivitduls as evidlenc(ed )by re(ord titles, or as possessed and -clailled yh! theml as private property: I'roi-f'etl, hiiiTerer, That the avenues, streets, alle!ys, parks, llazas, and lots shall hI) laid omt in the plat as though the lands owned,r claimrted h! private persorns were part of the public dolmain and part of the reservation, with a view\ to the possible sulbseqluenlt pIirchase or condemniation thereof, if leemledl necessary by the proper authorities. SEC. 42. All lots,;whetlher publlic or private, contained in the exterior boundaries shall i>e platted anld lnumbe ered upon a general plan or system. SC4c. 431 The plat of the subdivision of the reserved t(;own site thus prepared under the sulpervision of the chief of the bureau of public lands shall be submitted to the secretary of the interior for presentation to the Commission for its consideration, nodification, almendrmerit, or approval. SE(C. 44. The resolution of the ('ormmission approving the platshall provide whether the proceeds derived fromr tle sale of lots shall be covered into the insular treasury SALE OF LANDS IN THE PHILIPPINE ISLANDS. 9' as general insular funds or as a special fund to be devoted to public improvements in or near the town site, and thereafter the receipts from the sale of lots shall be applied as provided in the resolution of the Commission. SEC. 45. Where the proceeds of the sale are tl constitute a fund\to be devotedlto public improvements in or near the town site, the same shall be 4xpended as provided )by law or resolution of the Commissiioln. SEC. 46. When the plat of subdivision is approved by the CommiSsion it shall be certified by the chief of the lureau of public lands, together with the resolution approving the same, and the chief of the hureau of public lands shall record the same in the records of his office and shall forwar(Fa certified copy oIf suc h record to the registrar of the province in which the land lies, to be by such registrar recorded in the records of his office. SEC. 47. All lots except those claimed by or belonging to private owners and claimants, and excepting such lots and tracts as may be reserved for parks. public buildings, and other pullic uses, shall be sol(i unier the direction of the chief of the bureau of public lands, as hereinafter in this chapter proividel. and the chief of the bureau of pullic lands, with the approval of the secretary of the interior, shall prescribe rules and regulations for the disposal of lots hereunder. SEC. 48. All lots in the reservation which are subject to sale as above provided shall, if in the opinion of the secretary of the interior the value of the lots is-ufficieitlv known to niake an appraisenient useful, be appraisedl i) a coimmiittee to be appointeld tb the chief of the bureau of public lands, with the appuroval of the secretarv of the interior. SE(- 49. The lots in any- such town site thus established and subject to sale shall, after the approval and record(ing of the plat of subdivision as al)ove provided, and after due advertisement, he sold at public auction to the highest bidder; but no bid shall be accepted, in case of applraised lots, if the bil does not equal two-thirds of the appraised value, anil in the case f- lots not appraised the hidl shall not he accepted if, in the judgment of the chief of the bureau of ipblic lands and tile secretary of the interior, the hid is an inadequate price for the lot. SE(. 50. Not more than two residence lot- And two business lots in any one town site shall be sotd to any one person, corporation, or association without the specific approval of the secretary of the interior. SE(. 51. Lots which have been offered for sale in the manner herein prescribed, and for which no satisfactory bid has 1)een received, shall be again offered for sale after due advertisement, and if at the second sale no satisfactory bid is received they may be sold at private sale by the chief of the bureau of public lanls for not less than their value, as appraised by a committee to he appointed by the chief of the bureau of.public lands with the approval of the secretary of the interior. SEC. 52. In any case in which, in the opinion of the Commission, it shall be necessary to condemn private lands within the reserved or proposed limits of a town site, either for streets, allevs, parks, or as lots for public buildings or other public uses, the ('ommission shall pass a resolution declaring the necessity for the same, which resolution shall le certified by the attorney-general, who shall at once begin proceedings for the condelmnation of the lands described in the resolution in accordance with the provisions of the Code of (ivil Procedure. SEC. 5:3. Town sites constituted under the provisions of this chapter on land forming a part of an existing municipality shall remain within the jurisdiction of such municipality until taken therefrom bi legislative action of the Commission. CHAPArE{ VI. — nperfected t'tle.l and,Spanti.s4 grnts aid cowcessios. SE(. 54. The following-described persqns or their legal successors in right, occupying public lands in the Philippine Islands, or claiming to own any such lands or an interest therein, but whose titles to such lands have not been perfected, may apply to the court of land registration of the Philippine Islands for confi'mation of their claims a d the issuance of a certificate of title therefor, to wit: 1. All persons who prior to the transfer of sovereignty from Spain to the United States had fulfilled all the conditions required by the Spanish laws and royal decrees of the Kingdom of Spain for the purchase of-public lands, including tIhe paymlent of the purchase price, but who failed to secure formal conveyance of title; 2. All persons who prior to the transfer of sovereignty from Spain to the United States, having applied for the purchase of public lands and having secured a survey, auction, and an award, or a right to an award, of such lands, did mnot receive title therefor through no default upon their part. 3. All persons who prior to the transfer of sovereignty from Spain to the United States, having applied for the purchase of public lands and having secured a survey, and award of same, did not, through negligence upon their part, comply with the 10 SALE OF LANDS IN THE PHILIPPINE ISLANDS. conditions of full or any payment therefor, but who after such survey and award shall have occupied the land adversely, except as prevented by war. orforce majeure, until the takihg effect of this act: 4. All persons who were rentitled to apply, -and lid apply, for adjustment or compensation of title to lands against the (,overinment under the Spanish laws and royal decrees in forbe prior to the roval decree of February thirteenth, eighteen hundred and ninety-four, but who failed to receive title therefor through no default upon their part; 5. All persons who were entitled to a grattUitous title to pubtlic lands by " possessory proceedings" under the provisions of articles nineteen andl twenty of the royal decree of the King of Spain issued February thirtqenth, eighteen htundred and ninety-four, andl who, having complied with all the couiditions therein required, failed to receive title tlierefior through no fault ttion their part; ant 6. All persons who by thetmselves.or their plreidecessors in itrterest have been in the olpen continuous, exclusive. and nototiotus possession andl occupation of agricultural public lands as define(l I)v said act of Congress of Juldy first, nineteen hundtred andil two. undter'a bona fide claitf of oiwnSrshil, except as against the Goverinment for a perio(l-of ten years next preceding: thle taking effect of this act, except when preventitl lby war oir f,,( j c/i'i, '. shall te conclusively presumed to have performed all the con(litions essential to a;overnmiient grant and to have received the same, and shall lie entitled to a certificate of tithe to such land under the provisions of this chapter. ~ All applicants for lands tunler paragrlias olne, two. three, four, and five of this sectitoi must establish lv\- rotper official rec(rdls or documents that such proceedings as are therein required were taken and the necessary conditions complied with: Provrt'edl, l,,,'erc'c. That such retquirements shall iot apply to the fact of alverse possession. SEC. 55. All person s claiming title to 'Gtovernment latidls not comiing within the classes specified in the precedlinug section are excluded from the benefits of this chapter. SEC. 56. Any person or personlls, or their legal representatives or successors in right. claiming any lands (Or interest in lands in the Philippine Islands, under the provisions of this chapter, and who nowi desire or claim the right to have such title perfected, tnast in every case preseat al application in writing to the court of land registratiin pravying that the \alidlit y of the allege(l title or claimt be inquired( into and that a certificate of title issue to thethm under the provisions of the land registration act for the lands claimedl. Ssc. 57. S. uch claitns and application's shall conform as nearly as imay be in their material allegation.ts to the requtirements of anl application for registration under the provisions of section twenty-one and stuibsequent sections of the land-registration act, andll slai- lbe accmilpanlied by a plan of the land and all (ocutiments evidencing a right itn thle part iof the alpplicant to the landls claimed. The alpplication shall also set forth fully the nature ( f tlhe claini toitlie land. and when based upon proceedings initiated under lSpanish laws shall pariicularly state the date and form of. tlie grant, concession, warrant, ior or(ler of survey iunder whfich thle claim is mIade; by whoin sulch gran.t, concession, warrant, or order of suirvey was mllade; the extent of the compliance with tle con(litiolns required by the Spanish lawst and royal decrees for the aclquisition of legal title, and if not fully complied with thle reason for such noncolnpliance, togetlher with a statement of tlhe length of time such land or any portion thereof has b een actually occupied yv tile claimant and his predecessors in interest; tlie tise imadle of tihe land, ant( the niatue (,f the. iniclosure, if any. The fees provided to lIe paidl for the registration of landls under the land-registration act shall lie collect-ed friom appllicants un:der this chapter, except that upon the original registration (if land claime(l hereunder no fee s-hall ie required for the assurance funltd. SE( 5. Any applicant for registration (if lands iuntiter the provisions of this chapter maill. upon petiti tt directed( to tlie chief-if the bureau of public lands, and upon payment of thle fees as regulated bl law. secure a survey and plan of the lands clailledt to 1,e,(wledl hx him, which said plan shall be filed with his application in the court of land registration. SEc. 59. I'pon the filingt of claims andt apl)lications for registration in the court of land registration, lunder this chapter, the same procedure shall be adopted in the hearit, of such cases and in the matter of appleal as is by the land-registration act providleid fu(r othler claiuis, except that a notice of all such applications, together with a llan of the lands claimedl, shall lie immediately forwarded to the chief of the bureau, of public lands of thle Phililppiine Islands, who shall be represented in all questions arising upon thte consideratioin of such applications by the attorney-genteral of the Philippine Islands or iv any subordinate or assistant to the attorney-general appointed f,,r that purpose. SE(. 60. It shall be the dutv of the examiner of titles, upon reference to him of any such claimt or application, to( investigate all the facts alleged therein or otherwise SALE OF LANDS IN THE PHILIPPINE ISLANDS. 11 brought to his attention, and to make careful inquiry as to the period of occupation of the land by the claimant or his predecessors in interest; the nature of such lands; the character of the inclosure, if any, and the extent to which the land has been subjected to cultivation. He shall file a full report of his investigation in the case, concluding with a certificate of his opinion upon the merits of the claim. SEC. 61. It shall be lawful for the chief of the bureau of public lands, whenever in the opinion of the chief exechtive the public interests shall require it, to cause to be filed in the court of land registration, through the attorney-general, a petition against the holder, claimant, possessor, or occupant of any land in the Philippine Islands who shall not have voluntarily come in under the provisions of this chapter of the land registration act, stating in substance that the title of such holder, claimant, possessor, or occupant is open to question, or stating in substance that the boundaries of any such land which has not been brought into court as aforesaid are open to question, and praying that the title to any such land or the boundaries thereof or the right to occupancy thereof he settled and adjudicated. Such petition shall contain all the data essential to furnish a full notice thereof to the occupants of such lands, and to all persons who may claim an adverse interest therein, and shall be accompanied by a plan of the land in question. The court shall cause service of notice to be made as in other cases, and shall proceed to hear, try, and determine the questions stated in such petition or arising in the matter, and settle and determine the ownership of the land, and cause certificate of title to be issued therefor, as in other cases filed' under this chapter. SEC. 62. Whenever any lands in the Philippine Islands are set apart as town sites, under the provisions of chapter five of this act, it shall be lawful for the chief of the bureau of public lands, with the approval of the secretary of the interior, to notify the judge of the court of land registration that such lands have been reserved as a town site and that all private lands or interests therein within the lilits described ought forthwith to be brought within the operation of the land registration act, and to becmfie registered land within the meaning of said registration act. It shall be the duty of the judge of said court to issue a notice thereof, stating that claims for all private lands or interests therein within the limits described nust be presented for registration under the land registration act in the manner provided in act numbered six hundred and twenty-seven, entitled, " An act to bring immediately under the operation of the land registration act all lands lying within the boundaries lawfully set apart for nilitarv reservations, and all lands desired to be purchased by the (overnment of the United States for military purposes." The procedure foir the purpose of this section and the legal.effects thereof shall thereupon be in all respects as provided in sections three, four, five, and six of said act numbered six hundred and twenty-seven. SEC. 63. All proceedings under this chapter involving title to or interest in land shall be conducted and considered as an application for registration of such land, and the final decree of the court shall in every:'ase be the basis for the original certificate of title in favor of the person entitled to the property under the procedure prescribed in section forty-one of the land registration act. SEC. 64. If in the hearing of any application arising under this chapter the court shall find that nmore than one person or clainiant has an interest in the land, such conflicting interests shall be adjudicated by the court and decree awarded in favor of the person or persons entitled to the land, according to the laws of the Philippine Islands, except that where the action is voluntarily dismlissed by the parties interested the order of the court shall be Inerely one of dismissal without affecting title. SE(c. 65. Whenever, in any proceedings under this chapter to secure registration of an incomplete or imperfect claiml of title initiated prior to the transfer of sovereignty fron Spain to the United States, it shall appear that had such claims been prosecuted to completion under the laws prevailing when instituted, and under the conditions of the grant then contemplated, the consvevance of such land to the applicant would not have been gratuitous, but would have involved payment therefor to the Government, then and in that event the court shall, after decreeing in whom title should vest, further determine the amount to be paid as a condition for the registrationaof the land. Such judgment shall be certified to the bureau of public lands by the cl.ek of the court for collection of the amount due from the person entitled to conveyance. Upon payment to the chief of the bureau of public lands of the price specified in the judgment the case shall be returned by hinm to the court of land registration with a notation of such payment, whereupon the registration of the land in favor of the party entitled thereto shall be ordered by the court. If the applicant shall fail to pay the amount of money required by the decree within a reasonable time after he receives notice thereof, the court may order the proceeding to stand dismissed, and the title to the land shall then be in the tovernment free from any claim of the applicant. SEC. 66. Whenever any judgment of confirmation or other decree of the court involving public lands shall become final, the clerk of the court shall- certify that 12 SALE OF IANDS IN TIfE PHILIPPINE ISLANDS. fact to the blreaou of pIublic lands, wi\\ith a topy of the decree of confirmation or judgnent of the court, which shall plainly state the location, boundaries, and area, as nearly as lmav le. of tile tract involvledl in tile decree of judgment, and shall be acc itlpanie(d by a plan oi tile landl as co(firlled or acted uponl )by the court. In the event tihe original survey wa-s ma(le e I tile lbureau of public lands alnd the-decree of tit coutrt co(rnformis tiereto. no further proceeding shall l)e required. Wh\len the original stirvey was ilr me Iv the appllicanit. or where the tract confirledl by tile court varies troilm tlie oririial survee as mlade )b the bureau of pulilic lands, the chief, f tile iurtirau of lmlblic lalnds sh'ir imiledliattel v cause tile tract, soe confirmied 1bv tlte court. tro 1be siurveve(l at tlie c()-t of tile insuilar goverlnment, and shall, when such1 silrvre lhas bleen;llapprovedl Iby hliill, furniish a copy oft samle to the court of land registratirirr al t, ttihe apllicant, \\ liich survey, when approve(t by tlie court, and uilless obrjectedt to 1ii tile applirant within thirty davs, shall be conclusively presumliled to, I>e c(rrtect. If orljecti,,n is mnlade to tlie survrey by the applicant, the court, ulpo(In ntice to tile )irreau i f Imlllic lands, shall lear sucll objections, and its action inl tie nIatter shall ie tinal. S.:(. 6i7. \No title ti. or riglit or tetity in, ansy pfri)lic lands in the Philippine Islandis miay ereaftea r 1( e ac(tuired(l 1iy iresriltion or byi adverse possession or roccupancyril, ()i oun(ler ()r ibv virtue oif tum laws inl effect prior to) American occupatioln, excel)t as exlressly pl(ro:i(ltedl laws 'enacte(l or provilded since the acquisition of tile islta(ls l)v tile ( nlitedl tates.' Ir'i. TErr:l \;II.-(;')ei'ral tprorieiioni. SE:c. (iS. Tile shirt title of this actishlall le "The public land act." SE (. i. Tlie chitf oft tle blireal pr f priblic lands, undcer the supervision of the secretary oif tihe interior. shall p)rtilare an(l issue such formis andl instructions, consistellt wsith tils act, as mIlav e necessary' and proler to carry into effect all the prlvisiionlls ereof te a that are to) i) aldmri eristereld Iv or un(ler the d(irection of the Iureau of ipuilic lands. and for the coriduct of all proceetlings arising under suc'h provisiolls.. SEic. 70. While title to l)ulllic lanls in the Philippine Islands remains in the governmilent. the chief of tile huireau of lpublic lands, under the supervision of the secretary of tile inte rior, shall b)e charlged with tile immediate executive control of the survey. classitication.I lease, sale, an(l other dlisposition anid lmanagement thereof, and the decisiolns of tilt I)ulreau as| ti( questionls of facts relating to suchi lands shall bie conclllusive whenl alpro\vedil t ie secretary of tthe interior. S:(. 71. Tle civil governor, for'reasons of puilic policy, imay, from time to time, 1.by plo(lalnatioln, dleigrnate alln tract (or tracts oif npurlic lands in the Philippine Islanls ias noialienal)le, and theereafter the saille shall lre witihdrawn from settlelent, tentry, sale, or other displosition under aln of the public-land( laws of the islandls until again imade subiject thereto b law of'the islands. SEC.. 72. Provincial secretaries, alnd all iother persons that Ilay vle designated as mIninig rec('(on'ers, shall,. in their i(taacities as such recor(lers, be subject to the supervisioi if tihe clief if th e ( Urnan i)f l))li( lallnds. SEc7:. 7. All Iatents or certificrttes for lands disposed of under this law shall be plrepared in the bureau of publliiI lands and shall issue in the name of the United States ald tlhe lPhilipl)line (; )vernmeniit ulnder the signature of the civil governor; but sut ll p)atents or certificates shall 'ie effective only for the purposes defined in section orle hundred and twenty-t-owi (t)f tle land registration act and the actual conveyanice of tile land shall be effe.tedl onlly as irovided in said section. S(E. 74. All persons rect.iving, title to (iovrernmlentr lands under the provisions of this act shall lihol such lan(s. sllbject to the samce public servitudres as existed upon lanids owned ii)y,riv ate persnrlls under the sorvereignty oif Spain, including those with reference to tlhe littoral of the sea and( thle iranks of navigable rivers or rivers upon which rafting Imay bie idlne. SE(. 75. Tile I)eneficial use of water shall be the basis, the measure, and the limit of all rights thereto in sai(l islan(ls, and the patents herein granted shall be subject to the right of the government of these islands to Imake such rules and regulations for the use of water and tile protection of the water supply,'and for other public purposes, as it Ima dleemn best for the public good. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested ands accrued, and the same are recognized anti acknowledged by the local customs, laws, and decisions of the courts, the'possessors and owners of such vested rights shall be maiainined-and protected in the same, and all patents granted under this act shall be subject to any vested and accrued rights to ditches and reservoirs used in connection with such water rights as may have been acquired in the manner above described prior to April eleventh, eighteen hundred and ninety-nine. 1, SALE OF LANDS IN THE PHILIPPINE ISLANDS. 13 SEC. 76. There is hereby reserved from the operation of all patents, certificates, entries, and grants by the insular government authorized under this act, the right to use, for the purposes of power, any flow of water in any stream running through or by the land granted, the convertible power from which at ordinary low water exceeds fifty horsepower. Where the convertible power in any streail running through or running by land granted under the authority of this act thus exceeds fifty horsepower, and there is no means of using such power, except by the occupation of a part of the land granted under authority of this act, then so much land as is reasonably necessary for the mill site or site for the powerhouse, and for a suitable dam and site for massing the water, is hereby excepted from such grant, not exceeding four hectares, and a right of way to the nearest public highway from the land thus excepted, and also a right of way for the construction and maintenance of such flumes, aqueducts, wires, poles, or other conduits as may be needed in conveying the water to the point where its fall will yield the greatest power, or the power from the point of conversion to the point of use, is reserved as a servitude or easement upon the land granted by authority of this act: Piroided, lho,'erer, That when the government or any concessionaire of the government shall take possession of land under this section which a grantee under this act shall have paid for, supposing it to be subject to grant under this act, said grantee shall be entitled to indemnity from the government or the concessionaire for the amount, if any, paid by him to the government for the land taken from him bv virtue of this section:.And provided frther, That with respect to the flow if water, except for converting the same into power exceeding fifty horsepower, -aid grantee shall be entitled to the same use of the water flowing through or along his land that other private owners enjoy by the laws of the Philippine Islands, subject to the governmental regulation provided in the previous section. Water-power privileges, in which the convertible power at ordinarv low water. shall exceed fifty horseptwer, shall be disposed of only upon terms to be embodied in a special act of the Commission until a general law shall be passed concerning the use, lease, or acquisition of such water privilege. SEC. 77. Any person who shall willfully and knowingly submit, or cause to be submritted, any false proof, or who shall make, or cause to be made, any false affidavit in support of any application or claim in any manner respecting the public lands of the Philippine Islands, shall be deemed guilty of perjury and punished accordingly. SEC. 78. The provisions of this act shall extend and apply to all provinces and places of the Philippine Archipelago except the Moro province and the provinces of Lepanto-Boptoc, Benguet, Paragua, and Nueva Vizcaya; but the provisions of this act or of any chapter hereof may at any time, by resolution of the Philippine Commission, be extended over andt put in force in any of the provinces or any part thereof hereby excepted from its operation. SEC. 79. When this act shall have been approved by the President of the United States and shall have received the express or implied sanction of Congress, as provided by section thirteen of the act of Congress approved July first, nineteen hundred and two, entitled "An act temporarily to provide for the administration of the afairs of civil government in the Philippine Islands, and for other purposes," such facts shall be made known by the proclamation of the civil governor of the islands, and this act shall take effect on the late of such proclamation. Enacted, October 7, 1903. Approved: TIE()DORE ROOSEVEES. DE(E.ImBER 7, 1903. OFFICE OF CIVIL GOVERNOR OF PHILIPPINE ISLANDS, -1['1)t,. Octber 1,5. 1903. SIR: Section 13 of the act of Congress entitled "Anl act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," approved July 1, 1902, provides as follows: SEc. 13. That the government of the Philippine Islands, subject to the provisions of this act and except as herein provided, shall classify according to its agricultural character and productiveness, and shall immediately make rules and regulations for the lease, sale, or other disposition of the public lands other than timber or mineral lands, but such rules and regulations shall not go into effect or have the force of law 14 SALE OF LANDS IN THE PHILIPPINE ISLANDS. until they have received the approval of tle President, and when approved by tlhe Presi(lent they shall be suhniitted by him to Congress at tle beginning of the next ensuing session thereof, and unless (disapprovedl or amended by Congress at said session tlhev shall at the close of such period have the force and effect of law in the 'Philippine Islands: I'loied, That a single hoinestead entry shall not exceed sixteen hectares in extent. Section 14 provides that the governmenti t of the Philippine Islands shall be authorized tand empo(wered to enact rules and regulations and to) prescribe termls and c(Ud(itions to enaible persons to perfect their title to piublic lands in said islands who have fulfilled all or some of the colditi,.is ith re'iard to the Spanish latws and royal decrees of the Kilng of Spainl for the acqulisition (f legial title. but have failed to secure c(nvevyance of title. By the -sate section the Coimmission is authorized to patent to in\!. native 1i hectares of putlic land actually occulpied by himt prior to Autgust 13. ISIS. Sectitoii 15 plroides tlat the itrooernmenlt of the Philippine Islands shall bie authiorized antid emllipowerd\\. n such ternis ts it nay prescribe. to lirovide for the irl an tiing )r sale and cvellance to actual occupants and( settlers and(l othler citizens of said islands such parts and I)ortions of tlie pul)lic doilail. other than timber and mineral lands. itas it imay (1deell wise. nlt excee(dillg sixteen hectares to ainy one person tand not exceedilng o(n thoiusanid and t wenty -foui' hectares to any corporation. Section Is imilliedll perllitts the' sale or letse of tilmlber htndts foriming part of the iul)lic doitmain in cases in which the lBureati of Forestry shall certify tlhat thle land is miore valutale for tagrictilture than for forest use. ''lit C('llommissiio has co(lstrued the- lrovisions of section 13 to apply to aIll the rules and regilations tad till the legislation which the goverInment of the Phililpine Islands is authorized to enact concerninlr the disIosition of pullic agricuiltiural land. whether it be rutles and reg'illttions under section 13 or 14- or 15 or 18. It has therefore enacted it general pub}li c land act. within the limiitation, and restrictions of said act of Collngress approved.l uly 1. 191(2, and it has treated the sublject ulnder six different hleads or chapters: First, homllesteads on thle pittlic dottini; second. sales of poiltions of the publlic domain; third. leases of portions of the )puldic doimain: fourth. free patents to native settlers or s ituatteis iin possession since Atugust 1, 1S98: fifth. town sites: atid sixth. the perfecting of tinperfected titles and Spanish granlts tantd cilcessions. ('halter VII contlins general provisions tal))licilb}le to all ti)l'e revious Chatpters. Before proceedli g to aill elxltanattioi of the piarticular provisions of the act ttllder its difllerent lilads. attentioln should ibe called to tile fact that sectiio 1,3 prov ides- - That thle (ioveriiient of t}ie I'iililpiin Islalnds * * shall classify according to( its agricultural character and Iproducti veness, and shall ininlediatelv make rules and reguilations for the lease, sale, or otther lisposition of the )pulic lan(is olther than tilmiber or inineral lands. * * * '1'l(e C('Oll ission is in some dllout ats to the meanlingof this direction. Was it intended thalt the rules antd relgulations sh(old provide a mieans for classifyin lattn(s or t standttrd of classification. or that the Commiission sh(illd actually ctlssifv the hands O()r was it intended that the rules timd reguatitionls shotild first be alopted and then that after a survey! should deve\lop the charactter of theltinds in agric itural producetiv\eess. classiticattion should be mali de Perforce the Con-iTnissio.n has been obliged to adopt tihe latter construction. S. SALE OF LANDS IN THE PHILIPPINE ISLANDS. 15' The act itself classifies all lands as timber, mineral, and agricultural lands, hut the classification provided in section 13 is not of all Government lands, but only of agricultural lands. No general public survey of public lands has ever been made in the islands, and until a general survey has been made it is obviously impossitble to classify the lands according to their productiveness. The public lands generally have not been occupied for agricultural purposes at all. They are covered with a jungle. or with a forest, or are embraced in swailps. There are large tracts of alluvial land, some of which are overflowed each year, and large tracts of lands along the foothills and mountain sides, but the productivity of these lands has never been tested. Cultivated lands in these islands are used either for rice, sugar, tobacco. abaca, hemp, or cocoanut. Rice land is usually divided. for the purposes of convenience in assessing values, into first, second, and third class rice land, the classes being determined by the quantity of rice produced in a normal season pet hectare. Third-class rice land produces from 25 to 50) cavanes. or piculs. of 13(6 pounds each of rice per hectare-that is, about 2. acres: secondclass rice land produces from 50t to 75 piculs, or cavanes, per hectare, rtnd first-class rice land froln 75 to 1to piculs per hectare. Sugar land is divided into classes in the same way. The class of rice land and of sugar land is much affected by the use of artificial irrigation. There is,, so far as known, no classification of hemip land and no classification of cocoanut land. Tobacco land is classified according to its productiveness. the soil which is overflowed annually producing the best crops. The classification of agricultural land as ai whole will be at any time very difficult, but it is obviously impossible to make such a classification as the above when the land is not only unsurveyed but is unbroken and covered with the densest jungle, forest, or swamp. Therefore we have omitted any attempt now to classify lands. If it was the desire of Congress that the land should be classified in order to sell it at varying prices according to its adaptability or productiveness, this end has been accomplished in another way by providing that no lands shall he sold or leased except after appraisal by the chief of the bureau of public lands and by advertisement and auction, fixing a minimum price for all land sold or leased. In this wise it is thought that the Governmient may secure compensation for the land sought to bte acquired. rom it by individuals and corporations, somewhat proportioned to its value or productiveness. We come now to the particular provisions of the law under the chapter heads, the first of which, its already stated, is that of homesteads. IHomesteads are allotted to any citizen of the Philippine Islands or of the Umnited States or of any insular possession thereof who-is over the age of 21 years or the head of a fimnily. As required by law, the extent of a homestead is limited to 1o hectares, or about. 40 acres. If surveyed land, it is to be taken according to legal subdivisions. L'nsurveved lands are to be located in a body rectangular in shape and not more than 100 hectares in length. No person who owns imore tha p 16 hectares or who has obtained a gratuitous allotment of that'amiounit from the United States is allowed to have a homestead. Section 2 provides the character of the application which shall be made in order to justify an ~entty. including the allegation that the land applied for contains neither minerals nor timber and is more valu 16:'ALE OF LANDS IN THE PHILIPPINE ISLANDS. able for agricultural than for timller lurpol)ses. Section 3 provides that five years' occupancy and continuous residence on the land shall le necessary'.. ald specifies tle proof needed to secure the patent. Section 4 exemlpts homesteads froml }einol subject to the satisfaction of debts contracted )v -the lhotie.tea(lder Ibefoir the patent is issued. Sectionl s provides for contests of the homest(ead, and section 4) for a survey. ('hapter II iprovides for the sale of anyii tract of unoccupied, unappropriated. Lafnd uIlreserved Inolnineral agricultural public land, not to exceed 11; hectllres for an ilndividual. or 1.1.24 hectares for a corloration. Section 11 seeks to lmake the form of the tract such that it shall fall iln easily with aln futulre siurvev. andll shall not be of an irregular shape and11 not )tounddcl ill such al wav as to ellable the owner to gain unjust conltrol of 1an adjacent hlld. water. stream, shore line. way, roildsteadl. or other:valualle right.f Section 12 provides the form of the alpplication for a sale of thme hlid. Sections 13 14, andl 15 provide for the lapplicatioll for the sale and tapratisal of the land. the advertisemient for a pullic auction., tIld the terlmls upon0 which the bidding is to e coll(lnucted. Section 1I; plrovides for a cash )payment of 25 per cent and leaves to the putrchaser the option of playin the ba:lance down or iln equal annual installmllents for five vears or in full at the enid of five cears. Section 1I prov\ides that the patent shall lnot is.,ue litil after the survey of the ltlnd shall have been Inmade ib tih (;overnm\llent and not until after five years from the date of the prchase. and ill order to receive the paten.t the plltchlaser must show actuall c ultivationl occupancy, and improvellenlt of the lrelllises for the five years elapsing after the award, and also that he has not sold the land (1o in any way encumbered the title in the meantilme. Section 18 provides that the land shall revert to the Government if. tbefore lpatent i is isued. it shall have been abandoned. Section 20 effects the transfer of applicant's interest in the land to his representatives if he shall h ave died pending the issuance of the patent. Section 21 provides for the protection of the rights of homesteaders and native settlers upon land soti-tt to ie plurchased. C(hapter III l)rovides f(qr leases of portions of the public domain. It will be olserved on an examination of the act that the sale of land is limited to tracts of 16 hectares to an individual and of 1,()24 hectares to al corlporation. There is. however-lo limitation on nu the tracts of land which lmav e leased to individuals. 1B section 75 of the act of Conglress. every c orporation authorized to engatge in agriculture is, hb its charter, restricted tt ttie oloner.ship anld control of not to exceed 1.0(24 hectares of land. T ie Commllllission hals conlstrued this to mlean that 10o greate(r allllloult thall 1.1'24 hectares call be leased to a corporationl. b(caluse to lease a larg'er amlount would authorize the corporation to ellglage ill agriculture al(nd le ill colntriol of more than 1,1024 hectares of land. There is. however. as alreadv stated, no limitation uplon the aonloullt of land which all individual n11a control and no express limitation upon the allounltt which the (Tovernmlent Ilav lease to an indivi(lual. The ('olmmissioln lias bele unab}le to see why public policy should )prevent la indlividual from controlling 1,024 hectares of land. and as the act does not forbid it hias provided for leases to individuals of the samle amnount of lan(d as that permitted to be leased to corporations. As 1ma1y be seeln iv reference to the report of the Commission of last year, it favors the sale of very lmuch larger tracts of land to corpora I I SALE OF LANDS IN THE PHILIPPINE ISLANDS. 17 tions and individuals than is permitted by the act of Congress. The Commission is inclined to think that the maximum amount of land to be sold or leased to corporations and individuals might well be increased from 2,500 acres to 25,000 acres. It is probably needless to go over the arguments already stated in the report of the Commission in favqr of this increase in the maximum limit. It suffices to say that no extensive investment in sugar land can be expected, and no improvement in the sugar industry may be looked for unless corporations are entitled to hold tracts of land as large as 25,000 acres. so that they may be justified in investing the enormous capital required to conduct sugar planting and manufacture on a paying basis. Such an increase of the maximum limit will not interfere in the slightest with the acquisition of homesteads for Filipinos. The public domain embraces at least 50,00()0,00 acres, and not more than 5.000,000 are owned and occupied by individuals. The introduction of modern methods of cultivating sugar. tobacco, and other products, which is only possible in large plantations, would be of inestimable benefit to the islands iand the people. Returning now to the chapter on leases, there are the same provisions as to the form of tracts to be leased as apply to the form of lands taken for homesteads or for sale. Section 24 provides the form of application. Section 25 requires the publication of the application for a lease. Section 27 leaves the rental of the land to be fixed by the chief of the bureau of public lands. with the approval of the secrethry of the interior, providing a minimum rental of 50 centavos, Philippine currency, per hectare per annum. The leases are to run for a period of not more than twenty-five years, but may be renewed for a second period of twenty-five years, and the rate at the end of the second period shall not exceed 1 peso and 50 centavos per hectare per annum. Section 29 provides for a survey of the land before the lease; Section 30 forbids the removal of valuable timber, coal, oil, stone, salts, or minerals from the land leased. Section 31 provides for the forfeiture of the lease for waste or a violation of the forestry regulations. Chapter IV secures a patent for 16 hectares to any native of the Philippine Islands now an occupant and cultivator of that amount of unreserved, unappropriated agricultural public land, who has continuously occupied and cultivated such land, either by himself or through his ancestors, since August 1, 1898, or who continuously occupied and cultivated such land three years immediately previous to that day, and who has continuously since July 4, 1902, the date of the proclamation of amnesty and peace, been an occupier and cultivator of the land. Section 33 provides for the form of application. Section 34 imposes the duty of careful investigation into the allegations of the applicant by the chief of the Bureau, together with public notice, so that adverse claimants$ may be heard, and also provides for a survey of the land before the issuance of patent. Section 35 makes the land inalienable and not subject to incumbrance for a period of seven years from the date of the issuance of the patent, and exempts it from the satisfaction of any debt contracted prior to the expiration of the seven years. This is to protect the native from ill-advised sale or incumbrance of his land. Chapter V relates to town sites and provides that whenever, in the opinion of the Secretary of the Interior it shall be in the public interest S. Doc. 7- 2 18 SALE OF LANDS IN THE PHILIPPINE ISLANDS. to reserve at town I site from the public land or to acquire lands for such purpose by th i se of the right of eminent domain, he shall direct the chief of -ht ulreau of public.lands to have a survey made of the exterior boundaries of the land which he deems it wsise so to reserve or acquire, the survey to e.n.(rwarded to the Commission. which shall, by resolution. provid'e for a subdivision of the tra(4 into suitable lots, avenues. streets. allevs-. parl) s. and othlerwise. Provision is made for business lots aiind for residence lots. In the subsequent sectionis of the chapter. provision is made for the reservation of certain of the lots for lublic plurploses aniid the sale of the remnaiinder at public auction., It is probable that but few town sites of this character will be reserved in the islands. but this chaplter is insertedl for the purpose of enabling the (Comlissiopn lroplerly to dispose of the public lamdl within the town of Baguio in the province of Benlguet. where it is tho intention of the CoImmlission to establish a summer capital. 'l'he Commission is anxious, in so far as possible. to give full bpportunity to the public. including civil servants. to secure la(nd einoiugh uponl which to construct suitable residences. It is thought that the provisions of this chapter effect the purpose. We now come to Chapter V I on unperfeeted titles and Spanish giants and concessions. aiid insert in the t xt thereof a memorandum made byv Seiior Don Gruegorio Araneta. the solicitor-general of the Philip-, pine Islands. under whose guidance the provisions of section 54 of Chapter VI wsere drawn. Thli communication sufficieritly explains the purpose of the first five paragraphs of section 54. It is as follows: The a('t_,f C(ongress of Jutlv 1, 1902, entitled "A.\n act temporarily to provide for the administration of tlie affairs of civil g(overnment in the Philippine Islands, and for other lpurlpses," iakes thie foll,,wing provision in the first part of section 14: "SEtc. 14. Trat the governmient of tli' Plhili)ppine Islands is hereby authorized and empowered t,) enact rules and re,.ulations and to prescribe ternims a(nd conditions to enable persons to perfect their title to public land(s in the said islands who, prior to the transfer of sovereignty from Spain to the I lited States, had fulfilled all or soilme of the conditions requiredi bv the Spanishl laws and roval decrees of the Kingdom of Spain for the aciisition of legal title thereto, vet failed to secure conveyance of title." In order to (,imply wifth this lrovisioll tlie C'omniission has taken into account the varius prvisioms enactedl Iv tlhe Spmanishl (;overnmnent, through which absolute title to State lands in tlie Philippine Islaiinds coul(l be acquired. There were two imethols of acuiiriing title to public lands during Spanish rule-by adjustment or icompi)osition and by purchase. Through the first, determinate persons wlio hlad ocupliedl State lands for a certain )eriod and under certain conditions couldl acqluire title thereto t1 alpplyingr for tle saie to the (; iovernimeit. The second was thie ineains of acquiring unioccupied lan(l, or land which had been occupied but not durin.gl tle timie anId under the coinditions prescribed in cases of adjustment or comp()sitiom. Tle compliosition,,f ri)val landi inl tile Philip)iniies was sublject to the rules and regul-ations iof tJune 25'. IssO. Seittion I of said rules and regrulations lrovxidtl, that, for the purposes of the same, all publlic laiis lshavin noii legal plrivate owiner-that is, which liad not been conveved to private omwnerslili) byt virtue of a grattiitouis c, ncession or sale bv the authoritieswere c llsidered roval lanits. I'iur-iuant to sectiolns 4 and a. tiolse lersolis wlio could lprove bona fide possession for teln years by virtue of valid, title were considered tle owners of royval lands for all legal Ipurplos.es: and tlhose whio. illn default of title, coulmYprove the uuninterrupted possessesion of said lands for twenity \ears if cultivated, and for thirty rears if uncultivatel, were also cisi(lere(l the ownlers of such laiinds for all legal purposes; it being understuood tlat cultivated lands were conisidered such as had been under cultivation for the tlree lreceding years. Section lprovided tliat all otthers interested and not included in the two foregoing sections could legalize their lpossess'ion i and luire ownership of the said lands bycolilmosition or adjustmient if they were within the conditions specified in said section. Amiung the lersons entitled to the benefits of section 6 were those who, with SALE OF LANDS IN THE PHILIPPINE ISLANDS. 19 out title thereto, should be in possession of State lands and had the same under cultivation, a requirement of the composition thereof being the payment into the treasury of the price fixed for lands of like character, at the time when they or their predecessors il interest entered upon the usufruct'of the land. The period of one year was designated for the composition of land.. The sale of public lands in the Philippine Islands was regulated first by the royal decree of January 19, 1888, later by the royal decree of January 26, 1889, and finally by the royal decree of February 13, 1894. By the royal decree of February 13, 1894, it was sought to determine definitely the question of titles of private parties to state lands, and to this end it established three important provisions: First. The fee title to all public lands susceptible of composition under the royal decree of June 25, 1880, was declared to have reverted to the state in all cases where application for the composition of public lands had not been made by the date when the decree of February 13 was promnalgated in the Manila Gazette. Those persons who had made application for the composition of land without having obtained it were required to renew their request within a nonextendable period of six mnohths, reckoned from the (late of the publication of the said decree in the Manila Gazette, every former application for composition which was not renewed during the said perio(d by the person making the same, or his successors in interest, being considered as lapsed. Second. Those in possession of alienable lands subject to cultivation, who had not obtained nor inade application for composition by the date of the publication of the said decree in the Manila Gazette, were given the right to obtain gratuitous title, through "possessory information," under the provisions of the civil code and the mortgage law, providing they were able to show one of the following conditions: (1) ()f teing in possession or of having ha(l uninterrupted possession of the land under cultivation for six precedling years: (2) of- having possessed the land, uninterruptelly, for twelve vears and under cultivation at the d(ate of the information and for three years precediin —that time; (3) of having had open, notorious, and uninterrupte(l possession for thirty or more years although not under cultivation. Third. It was provided that, front the date of the promulgation of the said decree in the Manila Gazette, no application for coimposition of lands should be entertained. In accordance with the provisions cited, the procedure for the obtention of titles, either by composition or by purchase, was substantially as follows: First. Filing of the proper application: second, the inspection, demarcation, and survey of the land after proper advertisenlent;:third, award of the land to the interested party after public auction or not, accordling to circumstances; fourth, payment of the pri.e; fifth, finally the issuance of the title. There are a areat many persons in these islands who, in their capacity of owners, have been in continuous, quiet, and peaceful possession of land, whose rights have not been disputed by others, but who do not possess titles granted by the Spanish Government. This has been due the maany difficulties which, under the sovereignty of Spain, existed in the forestry bureau, in the way of obtention of such titles. Some of said persons are able to prove that they petitioned the Spanish Government for the acquisition of title; on the other hand, there may be others unable to present such proof, owing to their application and records having gone astray. Bearing in mind these considerations the Commission framed section 54 of the act, in its present form, prescribing therein the persons that are deemed as authorized to perfect their titles to State lands to which they claim a right but without possessing any title thereto, issued bv the Spanish Government. In paragraphs 1 and 2 of the said section, the Commission has taken into account the right of those persons, who having applied for the purchase of said public lands and secured either the right to an award or an award of same; or who having paid the purchase price had not received title through causes independent of their will. These persons are entitled to perfect their titles, for were Spanish rule still existing here they would be entitled to the issuance of a certificate of title. The Commission has considered it necessary that the steps taken for the purchase of public lands should have reached a stage where the applicant would have obtained an award or the right to an award of such lands, for prior to that stage it can be said that there was no obligation on the part of the Spanish Government to make the sale of the land, and therefore the applicant had not acquired a vested right. In paragraph 3 the Commission has held that if an applicant for the purchase of public land fails to pay the price, through laches, after it has been awarded to'him, but continues to occupy the land adversely until the act goes into effect, he is thereby purged of such laches. - 20 SALE OF LANDS IN THE PHILIPPINE ISLANDS. Paragraphil deals with those persons who, having a right under the Spanish law in force prior to the royal decree of February 13, 1894, to secure title to their land by composition with the Spanish Government, have applied for such composition but failed to receive title therefor through no fault on their part. These persons have a vested right in the lands and to the issuance of title. In paragraph 5 all persons who have instituted "possessory proceedings" in accordance witht the provisions of the royal decree of February 1;, 1894, and who have colmplied witlh thle con(litions prescribed in the said'royal decree, but who have failed to receive title to the land which is subject of the said "possessory proceedings " through no fault of their own, are protected. The right of these persons to a concession o(f title is ngaranteed by the said royal decree. Finallv. the Com'lllsliiOl,. considering, as has been stated already, that a great many persons are in adverse though qluiet, peaceful, and und-isputed possession of lands, bkt Uwh- hold no title (leedst froml the Spanish iGovernment because of the difficulties which forilerly existed in the swa of obtaiuini the sale, and that the said persons are unab)le to lirove full (r partial compliance with the requirements of the Spanish 'laws for the obtentiosn (f titles, through their alpplications and records having gone astray. tlas estalblished in p)aragragrah ti of said seectioln 54 tlhe presumption juris et de jure. that said persons have performned all tihe co()ditions essential to a Government grant, anlt of having received the sanle, and grants tlheil the right to a certificate of title to the lands theyv lssets. In so doing it lits followed precedents in Spalish legislation which, in attempting to deternline the question of titles of private parties to State lands, has respected those of suctl as hell lands unllder determiinlate ondiitions. This has been done, as stated b)efore, by thle saidl roal decree of June 25, 1880, and by the royal decree of February 13, 1894. The condition of land titles in the Philippine Islands is nmost unsatisfactory. and for the better understanding of that condition reference is nmade to a very complete and concise statement made by the late Seflor lon (Gre;gorio Bl sa. who S. h as ta employee of the Spanish land office and continued as an employee in the present bureau of public lands. His statement is as follows:.1 Jerie recital of thse co,]i'l;y of t/se soes osf (ldjus.itmentt of l(uds diririg thi period of thie modueri leisl/stio- *i;, frolm Se'tssl,s'r 8, 1X80, date of jtiblication of the regulations of Jize i' 2., 1885, to A.wt,/,.st 1., 18'!8S. The formser authlirities of this country were profoundly impressed with the important effect which tht- adjustmlent of the titles of lands would have on the political, social, and econoimi.- feature (of these islands by changing siml)le po(ssession to true ownership, thus plstcing property on a solid basis and enabling its inhabitants to enjoy all the blenefits swhich result from the security of prol)erty rights, to which end the Inslpection-t(eneral (de Montes, as well as the direc(cion-general de administracion civil, iiore especially tile latter, labored, as is evident in all the acts published by thelm ()r under the signature (of the governor-general, and froim the year 1880 until Spanish sovereignty ceased in these islands. These beneficent and wise dispositions were so well received by the landholders that, before the expiration of the timle of one year allowed by article 8 of the regulations, there llad blee lpresente(l miany thousands of petitions for adjustmient. This nulmber was still further increased when royal order of April 19, 1881, was published, extending the tisme osne year, but only for cultivated lands, thus placing a premiium upon cultivationt of the soil. The forestry department, as well as the direccion civil, used every endeavor to satisfactorily dispatch these petitions, and gave careful attention to all those soliciting adjustln;ent of lands or other land disputes, settling such claims withl administrative resolutions, and thus avoiding the annloying judicial "expedientes" which would result if a recourse swouldl be hlad to tle ordlinarv tribunals. This preparatory course was followed soon afterwards by a survey of lands and issuance of titles under the direction of such celebrated engineers as Vidal, Jordana, Escasura, Saniz de Baranda (Filipino), and others, whose fame yet resounds among the inlabitants of these islands. The centralization of the "expedientes" of adjustments in one office, namely, the forestry departmlent, gave such excellent results that many owners presented new petitions, although the tiIne granted by royal order of April 19 had expired, which fact induced the Madrild Government to concede a third extension of time by means of the royal order, July 28, 1882. SALE OF LANDS IN THE PHILIPPINE ISLANDS. 21 The work of adjusting titles of lands was not finished, but great progress had been made. Royal decree of December 26, 1884, was issued. This modified, or rather decentralized, the dispatching of this class of "expedientes," authorizing other organizations created by this decree-namely, provincial and municipal boards-to take charge of and dispatch the greater part of their "expedientes," leaving a small portion to the forestry bureau, which before this had charge of them all. So strict was this order that after the forestry bureau had classified simple petitions in the first, second, and third groups indicated in the royal decree and remitted them to the provincial boards on adjustment of lands, and who had charge of the first two groups, and, having advised the Government at Madrid of this fact,' orders were received requiring the forestry bureau to classify in the same way the "expedientes" of lands already measured by the personnel of the department and remit them to the provincial boards, so that they and the local boards might take action and issue the proper titles, thils neftralizinlg a work which had cost time and money. The bad effects of this measure were soon apparent, for, notwithstanding the fact that many difficulties were overcome in the organization, instruction, and management of the provincial and local boards of adjustment, results were not satisfactory. These boards mentioned above should never have been placed in charge of such an inportant matter, the adjudication of which required a special knowledge and sound judgment. These boards were heterogeneous and loose bodies. The provincial board was composed as follows: The governor or chief of province as president, the administrator or delegate of hacienda, the parochial curate of the provincial capital, the gobernadorcillo of the same, and the oldest member of the municipal boards, as members, and an assistant of the department of Fomento or a government official as secretary. The local board was composed of the parochial curate as honorary president, the gobernadorcillo as active president, and(/tree members, viz, the oldest past captain, a.head of barangay, and the oldest resident of the barrio in which were situated the lands to be adjusted. As the positions of the principal members were insecure, the constant change was prejudicial to the proper execution of their duties. At that time the governors and gobernadorcillos had Imuch to attend to, and it was impossible for them to give this matter proper attention. So great was the extent of land to be adjusted that there were not sufficient licensed surveyors to measure them. The government accepted the services of unlicensed surveyors, in many instances incompetent, resulting in great prejudice to the- state and individuals. Under the plea of economy the commission of sales and adjustments (composed of in(livimuals belonging to the forestry bureau) was abolished by royal order of March 8, 1886. The commission of flora and fauna was also abolished, and the services of many engineers and ayudantes dispensed with, all of which worked great injury not only to the forestry service but to the adjustment of lands. The work of compiling-a descriptive catalogue of the state lands, the delineation of the forest zones, and the replanting of the forests, so necessary in Cebu, Bohol, and other parts, was never done, nor-even attempted, due to the reduction of the force in the forestry service. Grave irregularities were reported from some of the provinces, showing that the officials were using their power as a means of furthering their own ends. These reports may be found in the archives of the council of administration, if not forwarded to Madrid. In 1896 this department officially informed the fiscal of HZ Majesty at the court of Madrid of frauds in the adjustment of lands and the granting of titles perpetrated in Pangasinan by a Spanish official of high position, where wild forest lands were falsely represented as being under chltivation and in the possession of certain parties for many years, in violation of the regulations for gratuitous adjustments. The persons soliciting adjustment of lands, weary of the endless delay and subjected to extortions by rapacious officials oil everv side, generally abandoned further efforts and contented themselves with remaining oil their lands as simple squatters, subject to eviction by the state at any time. This state of affairs having come to the knowledge of the Madrid Government, royal decree of August 31, 1888, as a remedial measure, was promulgated, classifying the lands into two groups. It abolished the local boards and ordered the governorgeneral to decide what fines should be imposed upon the provincial and local boards, gobernadorcillos, and other officials who should fail in their duty. This roval decree was accompanied by instructions formulated by the foresry bureau and approved by royal order, October 20, 1888. The former petitioners'and - others renewed their efforts to have their lands adjusted and obtain titles. As the-. =. ~.' ^ -.',. /, 22 SALE OF LANDS IN THE PHILIPPINE ISLANDS. new decree (iffered verv little from the former, the results were about the same. No change had been made in the personnel of the provincial boards. The method of selection was a(ld, as so many were appointed through favoritism and through other questionable iieans. Their positions were so insecure that instances are on record( in which the same ship that brought over an officeholder also brought the -order for his removal. Thus, from a decree such as that of August 31, and from such a class of officials, gCoo( results could not he expected... If all in charge of this matter. from the governors of provinces down to the lowest official, had done their duty, better results woulld have been obtained. The officials in minor positions should have been punished for their derelictions. The writer, who iwas a-functionarv for a long time in the Spanish service, has never knbwn of but one instance where a chief of province or a higher official was punished for irregularities commlitted in c(ases of adjustmenlt of lands. In some cases of irregularities of lpromlinent persons communications were sent reproving or warning them, but these (ommunicnl ations were never published in the (;azette, under the false idea that by so doing Spanish p)restig w-ould be lowered, as if these mllen were not as fallille as'other sons of Adam, and this. in the exercise of strict justice, was not a laudable action. If anyt of the authorities, even the governor-general himnself, should presume to punish influential persons, civil or religious c(orporations, they would soon experience retaliation, as halppened to that fervent Catholic, eminent and just man, General Desputjol, formerly governor-general of these islands. For a short time after the promultgation of royal decree of August 31, 1888, a few s(luatters renewedl their efforts. in a languid manner, to perfect their titles. It was felt 1v the aulthl-oities that the necessity of taking sione remedlial action in the matter was so pressing that royal decree of Febirular 13, 1894, was promulgated, which was the last sovereign act relative to the sulbject-matter. It dild-not produce the desired results. The vast majority of the squlatters had lost faith in tlie Government, as is evidenced fromi tti, fact that while article 5 of the aliove-imentioned decree orders "those whlo have solicited adjuistment of lands, and to whom titles have not vet been issued. shall renew- their petitions within six months, to datelrom the 17th )of April, 1894, the date said royal decree was published in the (aceta de Manila. Said tiiie iill not be further extended." \Very few people compllied with this requireient, wihich woull iave strengthlened 'their titles, as they were at the time imere squatters. The minister, in suhlittitrng this royal decree to the Queen of Spain, states in the preambtle that there are 2i00.000 uniinished "expedientes" relating to sales and adjustments of lands, but the writer. nwho was in a position to know the facts, can reliably state that the unfinished " ex'pedientes" relating to adjustments alone excee(ded double that numliber, while the numnler of renewed applications does not reach 3,000, or about 1 per cent of the total number. -low sad a state of affairs when s E ilmportant a class of citizens as the farmers lose faith in the (overnment —iwhen the ties which bind the governors and the governed have disappleared. It might I)e said that it is not proper to impute a vafnt of faith in the Government to those squatters who had never solicited adjustmient of lands, vet notwithstanding the fact that their interests demandaed that they solicit a gratuitous title of ownership of the lands lb means of "possessorv infoirmation," according to the provisions of articles 19,,, and 21 of said royal decree, up to August 1:3, 198, the number of "expe(lientes' of "plossessor info)rmlationl" which accomnpanied petitions for gratuitous titles swere about 200, lwhich is insignificant when compared with the large numler of squatters. The writer -was commlissioned to form indelxes of the unfinished expedientes of adjustments ordered mlade hb article 7 of the above-mentioned royal decree for publication in the Gaceta ce Manila an1d remission ) o tthe minister of Ultramar. Only a smalll part of these indexes were publlished. Ie was also in charge of the registration of the docuqments know-n as "puossessory inforlmation," referre(l to in articles 19, 20, and 21 of the roval decree,o Feb)rurarv i3, 1894, and from the documents he handled and those e e calculated were iilthe hanlds of the provincial boards relating to adjustnlents and which were unfinishedl, lie estimates amounted to more than 400,000, while there were not more than 200 "expedlientes" of "possessory information" registered. Much more of a-n,unfavorable character Iight be said of the 'possessory information" documlents, bhut the haste.with which this is written and its character of a simple relation of a few facts will not admit of it. The foregoing is a tbrief history of the vicissitudes which have attended the.efforts to adjust the titles of lands in these islands during the regime of the modern legislation. SALE OF LANDS IN THE PHILIPPINE ISLANDS. 23 Perhaps it may be said that passion was the incentive for relating certain censurable acts, but to correct so-many mistakes committed in a matter of such great importance as that relating to the ownership of land wounds the spirit, causes the heart to rise in rebellion, only to fall again in deepest despair, at times buoyed up by hopes of great remedies which were never realized or came too late to be of any value. The most impartial observer could not view the above withou pointing out the defects of such an imperfect system and condemning the authors of the same. Before concluding it will not be too much to say that he who successfully regulates the adjustment of titles to the lands in these islands will merit a crown of glory, receive the congratulations of an obedient and grateful people, and guarantee the political policy which may be implanted, promote agriculture-the basis of wealth in any country-and as a consequence contribute to the welfare of its inhabitants and prevent a.possibility of a repetition of the evils of the past. As the learned Spanish writer, Jovellanee, says, in his opinion of the agrarian laws, etc.: "Everything relating to society is intimlately joined or allied to politics as surely as the phenomena of nature are bound together; one bad law may ruin an entire nation, as a spark ignited in the bowels of the earth produces convulsions and earthquakes extending at times over a great extent of its surface." The inextricable confusion prevailing with respect to titles and the helpless state in which many landowners find themselves with respect to their titles have induced the Commission to embody in section 54, -- paragraph 6, which in effect enables any possessor of land in the islands to obtain complete confirmation of his title to the land by showing, without reference to any particular public documents, that he has been in open, continuous, exclusive, and notorious possession and occupation of agricultural public lands under a bona fide claim of ownership except as against the Government for a period of ten years next preceding the taking effect of this act except when prevented by war or force majeure, by the provision that from the fact thus established there shall be conclusively presumed to have been a grant of the land from the Spanish Government, which he thus shows himself to have been in possession of. Viewed from the standpoint of the Spanish limitation, which was twenty years, or viewed ftrom the standpoint of many of our American States, this may seem a short period of prescription, but even at the risk of the fraudulent acquisition of land by some persons or corporations under this section. we believe it to be of the utmost importance to the islands that a provision like this should be'enforced. The public domain is so extensive and the public interest so much involved in quieting titles that the disadvantages of some possible fraudulent acquisitiox. under a generous provision like this is much more than offset by the public benefit that will come from the settlement of titles and the ability of owners of lands to borrow money, make improvements, and increase to its full the wonderful capacity of the land of these islands for production. FoT the purpose of adjudicating claims resting upon inchoate or imperfect Spanish concessions, recourse has been had to the court of land registration, a court established under act No. 496 of the Commission (copy herewith), for the purpose of putting-into operation the Torrens land system, and it is believed that the provisions of this act so dovetail with the provisions of the original land-registration act that the method of settling Spanish claims will prove to be not only expeditious. but in all other respects satisfactory. The machinery of the land registration court, as will be seen by reference to the act, is exceedingly elastic, and with certain proposed amendments by which judges of the court of first instance may be used as judges of the court 24 SALE OF LANDS IN THE PHILIPPINE ISLANDS. of land registration. it is thought that the perfecting of titles in any part of.the archipelago will be made as easy as possible, with a due regard to the safety of the interests of the Government. Moreover, all grants under this act are brought within the operation of the landregistration act and the Torrens land system. Section 75 of the ogeneral provisions under Chapter VII is a reenactment or a redeclaration of the lprovisions set forth il section 19 and section 50 of the act of Congress with reference to water rights. Section 76 is a limlitation uplon the acquisition of land undPr this act which protects thle Government fromll an absorption of the water-power privileges of the islands )by hlomesteading. sale. or lease of the public lands. The high price of coal in the islands makes the preservation of waterpower privilegtes fol tlle )eneflit of the public of the utmost iliportance. In every island there is a spine of mIountains from which issue forth streamls- ot greallte or less capacity. that in reaching the sea afford greaterl or less opplorttunities for the tralnsmiission of power for industrial uses. The Commilission has thought it a wise policy to segregate such centers of power and to dispose of them byi se parate tlw or the grlantilng of sep-ar-ite fralnctlise, oil colditiols which shall secure their use for the best lpu)llic purploses. Within a radius of 75 miles of Alanila there is water power so sitluated in La L Laguna iland BIul1acan that there may be transmlitted at reasoInabtle clost hb electrical conduilts al1nd delivered at Manila at least 1().00() horsel)olwerl. Thle commllision wishws to av-oid under the guise of a patelnt for a' hoiieste(ad settlement. or )vy a sale or a lease" of public land. the granlting of such:t natural monopoly. The colmmission is not averse to gltrantin such a monopoly to a private corporation if the grant b)e accom()paniied by provision for legislation regullating the rates to be charged to the pl)ullic and the use to which the power is to le puIt. It is of opinion that provisions for such franchises and monopolies ought to ) e made the subject either of a separate general act or special act. It has therefore. by sections 75 tand 76t, excepted froimi the grants under this act the righht to use flowing water J'>r purposes ibf power in excess of 50 horsepower,-and has reserved to the governmient frboi any grant under this act land enough to enalble the government to confer upon a concessionaire not only the right to use the water but the nieans:of econoniicall converting it into electrical or other power. By section 78 the provisions of the act are made to extend to all provinces Iand places of tle Philippine Archipelago except the Moro Porovince and the ptrovinc(es of Lepanto-Bontoc, Benguet, Paragua, and Nueva Vizcava. In the MAoro Prov ince and in Paragua the question of the large interests which Mloo dattos and sultans claim to have in the land lmakes it inadvisatle to confer upon citizens of the United States and citizens of the Philippine Islands the right to settle in the Moro country under tlhe provisions of this act until by the developmient of the governmtent of the Moro l'rovince and a clealer'understanding of the \Moro titles to land, provision may be made for the reconciliation of the sections of this act with the customs of land tenure that oug(ht not tlo be interfered w-ith amiong the Moro tribes. The salme thing is trlue, lut in a less degree, of the provinces of Lepanto-Bontoc, Bengutet, and Nueva Vizcaya, where a large majority of the residents are Igorrotes. It is quite probable that the act mlay be applied much earlier to the Igorrote provinces than to the Moro prov SALE OF LANDS IN THE PHILIPP-:'E ISLANDS. 25 inces; but it has been thought wiser to leave the extension of the application of this act to the Philippine Commission rather than to give it immediate operation. Section 79 is merely a restatement of the provisions of section 13 of the act of Congress. It is earnestly urged that if there is no objection to the act it be approved by the President and by Congress as soon as possible. It is thought that the passage of the act will give a new impetus to agricultural development and investments in the islands and by perfecting titles will enable land owners to borrow money and take steps toward the increase of the acreage of cultivated products upon which almost wholly depends improvement in the islands. Very respectfully, WM. H. TAFT, LUKE E. W RIGHT, HENRY C. iDE, T. H. PARDO DE TAYERA, BENITO LEGARDA,!Member.s cof the ]'hilippine Comumission. The SECRETARY OF W AR, Washington., D. C. ' S. Dc 730 S. Doe. 7-3