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[ Act No.2352, February 28, 1914 ]
AN ACT PROVIDING FOR THE TAKING OF A NEW CENSUS OF THE PHILIPPINE ISLANDS.
By authority of the United States, be it enacted by the Philippine Legislature, that:
SECTION 1. The short title of this Act shall be "The Census Act."
SEC. 2. A census of the Philippine Islands shall be taken under the direction of the Governor-General and under the supervision of the Executive Secretary. The enumeration shall begin on a day to be fixed by the Governor-General, which shall be called Census Day, and shall proceed on consecutive days from daylight to darkness, including Sundays and holidays, until completed; and all data prescribed to be gathered by this Act or by regulations issued under it shall be gathered as of twelve o'clock of the night preceding that day: Provided, That if the Governor-General shall deem it necessary to require that the enumeration of any part or parts of the Philippine Islands should begin before Census Day, he is hereby authorized to fix the time when such enumeration shall begin.
SEC. 3. The persons to be enumerated shall comprise all Arsons enumerated, those persons who spent the night preceding Census Day within the jurisdiction of the Philippine Islands, including all those who have subsequently died or departed therefrom; all persons who spent said night on any ship within the jurisdiction of the Philippine Islands, or on any ship engaged in the coastwise trade in the Philippine Islands: Provided, That the totals of such persons as belong to the armed eluded, forces of the United States in the Philippine Islands shall be separately recorded and, except in the cases of natives of the Philippine Islands, shall not be included in any official statement of the population of the Philippine Islands when such population is given as a part of the total population of the United States: And provided further, That no enumeration of the persons belonging to such armed forces of the United States in the Philippine Islands shall be undertaken without the consent of the officers commanding the military and naval forces, respectively.
SEC. 4. The immediate supervision of the census operations shall be vested in one or more persons to be appointed or designated by the Governor-General and to be known as census assistants who shall perform such dtities as may be required of them.
SEC. 5. Such census assistants as may be appointed shall receive salaries in the discretion of the Governor-General not to exceed ten thousand pesos per annum each. Such census assistants as may be designated from among the officers or employees of the Government shall continue to receive the salaries of the offices or employments held by them and shall receive such honoraria, payable from census funds, as may be fixed by the Governor-General.
SEC. 6. The Governor-General is hereby authorized to do and to require to be done any and all acts or things necessary to carry out the purposes of this Act, and to delegate any and all authority in him vested by this Act to any person or persons; and for the purpose of this Act the Governor-General is authorized and empowered to divide and subdivide the territory of the Philippine Islands into such portions as may be convenient and to appoint or designate all persons necessary to any out the provisions of this Act.
SEC. 7. Partial or complete returns, reports, and other information may be published from time to time by order of the Governor-General and the returns shall be so prepared as to show the population and other statistics by provinces, subprovinces, districts, municipalities, barrios, and other subdivisions in the discretion of the Governor-General.
SEC. 8. Every officer or employee of the Insular or of any provincial or municipal government who may be designated by the Governor-General to perform any duties governments in connection with census operations is hereby required to accept such designation and to perform such duties, and it shall be the duty of every chief of Bureau or head of office, and of all officers of any provincial or municipal government to authorize any necessary detail and to relieve any officer or employee from his regular duties for such period, if any, as may be required for the purposes of this section.
SEC. 9. The duties of all persons appointed or designated under this Act shall begin at such time as shall be fixed by the Governor-General and shall continue until such persons are relieved of such duties: Provided, however, That subsequent to such relief persons so appointed or designated may be required to perform such further services as may be necessary.
SEC. 10. Every officer and employee of the census shall take and subscribe an oath or affirmation to do and perform accurately and to the best of his ability such duties as may be required of him. Any oath or affirmation prescribed by this Act to be taken by any officer or employee of the census and in connection with his duties thereunder, may be taken and subscribed to before any superior officer of the census, or before any Insular, provincial or municipal official, and all such officials are hereby authorized and required to administer such oaths on request: Provided, That no such person shall receive any fee or compensation for the administration of such oaths.
SEC. 11. There shall be in each province a census advisory board, which shall be composed of any or all members of the provincial board, and of such other persons as may be appointed by the Governor-General: Provided, That in those divisions corresponding to the city of Manila and to non-Christian provinces or portions thereof, the establishment of such boards shall not be obligatory. The members of census advisory boards shall serve as such ex officio and shall receive formal appointments. There shall be a president of every such board who shall be an elective member of the provincial board, and one or more vice-presidents. The president, or in his absence the ranking vice-president, shall, subject to general regulations to be prescribed by the Governor-General, call the meetings of the board and regulate its business. It shall be the duty of such boards to assist and advise the officer in charge of census operations in the province, and to use all authority and influence which they may possess, collectively or individually, with the people of the province and with the local officials, to secure active and hearty cooperation with the census officers.
SEC. 12. If, in the judgment of the Governor-General, it shall appear that a more complete, accurate, and economical census of the inhabitants of any of the areas, institutions, or establishments enumerated in the following section of this Act, can be secured by the owners, occupiers, or persons in charge thereof than by the regular enumerators, he may direct that the census of such areas, institutions, or establishments shall be made by such owners, occupiers, or persons in charge, who shall take the oath prescribed for enumerators, or a modified form thereof, in the discretion of the Governor-General, and shall be subject to the penalties provided in this Act for the nonperformance or improper performance of the duties required of enumerators, and shall have the powers conferred upon enumerators; and such owners, occupiers, or persons in charge shall be required to complete such enumeration in a satisfactory manner and in accordance with the instructions given them, and to deliver the schedules within the time prescribed; for which service as enumerators they shall receive no compensation : Provided, That when such areas, institutions, or establishments are the property of, or when the persons in charge of them are the employees of, the Government of the United States or the Philippine Islands, such service as enumerator shall not be required except with the prior approval of the chief of the Bureau or Department concerned, of the commanding general of the Philippines Division, or the commandants of naval stations, or other persons who have power to authorize such service: And provided further, That if any officer or employee of the census is charged with the collection of such schedules, he shall revise them and require the correction of all errors, and cause all data and information omitted to be supplied; and if there be reasonable ground for belief that such enumeration is incomplete or inaccurate, he may, if specifically authorized by his superior officer, re-enumerate the residents of such area, institution, or establishment and in such case the owner, occupier, or person in charge thereof shall be liable to prosecution, under sections twenty-six and twenty-nine of this Act; and he also may, if such proceeding would facilitate the work of re-enumeration, and if he is specifically authorized by his superior officer, demand that the residents of the premises be assembled for the verification of such enumeration.
SEC. 13. The special areas, institutions, and establishments which the owner, occupier, or other person in charge may be required to enumerate without compensation under the provisions of the preceding section of this Act may include any or all of the following, together with the premises attached to them: Private dwelling houses occupied by literate persons who for any reason can be more efficiently enumerated in such manner, to be enumerated by the householder, landlord, or other person in charge; military and naval reservations, to be enumerated by persons detailed by the commanding officers; public and ie private hospitals, asylums, and charitable institutions, to asylums, be enumerated by the persons in charge; prisons, jails, prisons,jails,etc. lockups, reform schools, and other penal institutions, to be enumerated by the warden or other person in charge; Constabulary and any other police barracks or quarters, to be enumerated by persons detailed for such service by the commanding officer; agricultural experiment stations and public works in operation or under construction, to be enumerated by the persons in charge; convents and religious schools and seminaries, to be enumerated by persons selected by the ecclesiastical authorities; boarding or other schools, to be enumerated by the persons in charge; hotels, boarding rehouses, lodging houses, cooperative messes and clubs having members residing on the premises, or other such places or establishments, to be enumerated by the proprietor, landlord, manager, managing director, or person in charge; public civil reservations, to be enumerated by the person in charge; ships in harbor and other boats, vessels, or craft, to be enumerated by the master or other person in charge; landed estates, forest concessions, private workshops and construction works, to be enumerated by the person in charge; and any other area, institution or establishment of whatsoever character, to be enumerated by the person in charge: Provided, however, That any person in this section required to perform any of the duties indicated may delegate such duties to another, but shall himself subscribe, take oath or otherwise certify to the correctness of the enumeration made and shall be responsible for such errors and omissions as may appear therein, and shall be subject to the penalties imposed in this Act.
SEC. 14. If, in the judgment of the Governor-General, it shall appear practicable and desirable to collect, in addition to any prescribed facts and statistics relating to the population as individuals, further information relating to corporate bodies, partnerships, associations, social and economic institutions, industrial and commercial enterprises, and agricultural and other forms of property of whatsoever class, kind, or character, he may direct that such information shall be collected and it shall be obligatory on all proprietors, officers, partners, associates, directors, administrators, managers, and legal representatives of such corporations, partnerships, associations, institutions, enterprises, and properties, to furnish such information in the manner and within the time which may be prescribed. The collection of the information may be secured by mailing or delivering the necessary forms and explanatory matter to the persons best qualified to furnish it, in which cases such proprietors, officers, partners, associates, directors, administrators, managers, or legal representatives shall be required to complete the schedules or forms themselves, or cause them to be completed, on their own responsibility, by their delegates, as provided in the preceding section. The persons required to complete such schedules may also be required to mail or deliver them on completion, and within such time as may be prescribed to a designated census officer.
No information obtained during the taking of this census from any corporation, association, partnership, institution, or business enterprise howsoever established or constituted, shall be used in any court or in any public office either as evidence for or against the corporation, association, partnership, institution, or enterprise, from which such information emanates, or for the purpose of basing thereon any assessment or collection of taxes or public contributions; nor shall any such information be divulged to any person except to authorized census officers acting in the performance of their duties; and no census officer or employee of the Government shall make known to any other person not properly authorized any information contemplated in this section, which may have been secured during the census operations; nor shall any report or publication issued under the provisions of this Act contain any information indicated in this section which would serve to identify the corporation, association, partnership, institution, enterprise, or property from which it was secured, without the special consent in writing of such corporation, association, partnership, institution, enterprise, or property. The receipt by any officer, partner, associate, member, or stockholder of any corporation, association, partnership, institution, or business enterprise, of any schedule or form contemplated in this section shall constitute delivery to the corporation, association, partnership, or business enterprise, and the fact that such officer, partner, associate, member, or stockholder is not the person who would ordinarily complete such schedule or form shall not relieve him of responsibility for the redelivery of such schedule or form to the proper person, nor shall it relieve such proper person from the responsibility for the completion thereof.
SEC. 15. Whenever it shall appear to the Governor-General that any portion of the enumeration and census provided for in this Act is incomplete or erroneous, he may cause such incomplete and unsatisfactory enumeration and census to be amended or retaken under such methods as may, in his discretion, be practicable.
SEC. 16. No officer or employee of the census shall, in that capacity as distinguished from any other public employment which he may hold at the same time, be subject to the provisions of Act Numbered Sixteen hundred and ninety-eight, known as the Civil Service Act, and the amendments thereto: Provided, That the Governor-General may in any or all cases require the intervention of the Director of Civil Service and may apply any of the provisions of said Act or of the regulations issued thereunder.
SEC. 17. Preference in appointments under the provisions of this Act shall be given to natives of the Philippine Islands. No person shall be debarred from employment under the census on account of age or sex.
SEC. 18. No officer or employee of the census shall be accompanied or assisted in the performance of his duties by and employees, any person other than another duly appointed officer or employee of the census who has been specifically instructed to accompany or to assist him, or by an officer or enlisted man of the Army or Navy of the United States or of the Philippine Constabulary, or some other peace officer, whose presence is necessary to protect or assert the authority of such officer or employee of the census.
SEC. 19. No chief of Bureau or head of office shall order the transfer of any officer or employee of his Bureau or office detailed to the census in any locality to another locality until the work of such person in connection with the census is completed, or without advising the Governor-General of such proposed transfer at least fifteen days before such proposed transfer is to become effective.
SEC. 20. All Insular, provincial and municipal officers and employees, if required, shall render such assistance to any municipal officers and officer of the census as may be necessary and proper to enable the latter to execute the provisions of this Act. Recesses from their ordinary duties may be granted by the Governor-General to persons in the public service detailed to the census; and such official business as is not of an urgent nature may be intermitted during Census Day and the six days immediately following.
SEC. 21. All residents of the Philippine Islands shall give -from residents, any required assistance to the officers and employees of the census in executing the provisions of this Act.
SEC. 22. In the event of the death of any officer or employee of the census, after his appointment and entrance on his duties, the Governor-General is empowered to authorize to be paid to the person whom in his discretion he shall deem to be the legal representative of such deceased officer or employee such sum as he may deem to be just and fair for the services rendered by said officer or employee, not exceeding such proportion of any total compensation agreed to be paid him as shall correspond to such portion of the estimated total period of his detail or appointment as he may have served, or any daily or monthly allowance provided for the position held by him, for the days during which he was actually employed.
SEC. 23. The authority to lease, rent, hire, remodel, furnish and pay all necessary expenses of such buildings, offices or other quarters in the Philippine Islands as may be required for census purposes is hereby conferred upon the Governor-General.
SEC. 24. No information secured by any census form shall be divulged to any person other than an officer or employee of the census acting in discharge of his duty, or published, except in the form of tabulations or summaries having no reference to individuals; and all such forms shall be destroyed when in the judgment of the Governor-General they have served their administrative purpose. No entry in any form, register or record made by a census officer or by any other person in the discharge of his duty under this Act shall be admissible as evidence in any civil or criminal proceeding, save and except a prosecution instituted under this Act.
SEC. 25. Any person who refuses to supply any prescribed information, or refuses to answer any proper question necessary to secure such information, when asked by an officer or employee of the census, in regard to himself or any other person of whom he has knowledge: Provided, That no such information need be supplied and no such question answered unless the questioner, on request made at the time of inquiry, exhibits his formal appointment, or other clear evidence of appointment, as a census officer or employee; and
(2) Any person who, being g, passenger, guest, boarder or lodger, inmate, patient, or other resident in any special area, institution, or establishment set apart to be enumerated by the owner, occupier, or person in charge, under the provisions of sections twelve and thirteen of this Act, refuses or neglects properly to complete and sign any census schedule or form delivered to him by the owner, occupier, proprietor, or person in charge of such special area, institution, or establishment, for himself or for his family and dependents; or who, if unable to read and write the English or Spanish language, refuses to supply the required information to the person responsible for the proper completion thereof; and
(3) Any person who refuses to allow any census officer property or employee to fix on any portion of any dwelling or other property in his possession, in a conspicuous place, any
authorized mark, sign, notice, letter or number necessary to the prosecution of the census work; or who removes such mark, sign, notice, letter, or number before the expiration of one month from the Census Day, unless sooner authorized; or who removes any mark, sign, notice, letter or number placed or reserved to indicate the boundary of an area set apart for census purposes; and
(4) Any person who, on the completion of the census operations in the locality in which he resides, has not been enumerated or knows or believes that any other person or persons have not been enumerated and neglects to notify the nearest officer or employee of the census without delay of such fact; and
(5) Any person who neglects to notify the nearest officer or employee of the census of his knowledge or belief that he himself, or any other person or persons, have been enumerated twice; or who has once been enumerated, or knows or believes that any other person or persons have once been enumerated, and neglects to inform of the fact of such prior enumeration any enumerator or other authorized person who is on the point of enumerating a second time either himself or any other such person or persons; or who fails to present to such enumerator or other authorized person any pass, ticket, certificate, or other document which may bear evidence to the fact of such prior enumeration; and
(6) Any person who, having received from any census officer any pass, ticket, certificate, or other document showing that he, his family or dependents, or any area, institution, or establishment of which he is the owner, occupier or person in charge, or the inhabitants thereof, have been enumerated by such census officer, fails to preserve such pass, ticket, certificate, or other document in an unmutilated and legible condition for two months from the receipt thereof; and
(7) Any person who refuses compliance with the provisions of this Act or with any regulations issued under it and necessary for its execution, when such refusal is not otherwise penalized herein, shall be punished, upon conviction, by imprisonment for not more than thirty days.
SEC. 26. Any person who, being the owner, occupier, person in charge of any special area, institution, or establishment set apart to be enumerated under the provisions of sections twelve and thirteen of this Act, or an officer, director, partner, associate, manager or legal representative of any corporation, partnership, association, institution, industrial or commercial establishment or enterprise, or other property, in regard to which the collection of statistics is prescribed under the provisions of section fourteen of this Act, refuses or neglects properly to complete any census form mailed or delivered to him and to subscribe the same; and
(2) Any person who, being a resident of such area, informs, institution, or establishment, or an officer, director, manager, associate, partner, or employee of any such corporation, partnership, association, institution, industrial or commercial establishment, or any other property, refuses or neglects, in the absence of the owner, occupier, or person in charge, or of an officer, director, manager, or legal representative to receive such form and make delivery thereof to such owner, occupier, person in charge, officer, director, manager, or legal representative; and
(3) Any person who, being the owner, occupier, or person incharge of such special area, institution, or establishment, u refuses or neglects to distribute the necessary schedules or forms to the passengers, guests, boarders, lodgers, inmates, patients, or other residents of the premises entitled thereto, and to report to the nearest officer or employee of the census the names of any who refuse to receive or complete them; and to transmit forms.
(4) Any person who refuses or neglects to deliver or transmit to the addressee any census forms mailed or delivered to him, in the manner and within the time prescribed; and
(5) Any person who refuses any census officer or employee, acting in discharge of his duty entrance to any premises under his control, except portions of a private dwelling other than the room in which such officer or employee would naturally be received: Provided, That such entrance be not demanded to an extent beyond that necessary to secure the prescribed facts and statistics or to verify them after they have been entered upon the schedules by other persons; and
(6) Any person who obstructs any census officer or employee in the discharge of his duty, or refuses or neglects to render him reasonable assistance, when called upon to do so; and
(7) Any Person who misrepresents or attempts in any way to misrepresent the objects of the census or to arouse hostility against it; and
(8) Any person who, being the owner of any animal, vehicle, ship or vessel of any kind, and such animal, vehicle, ship or vessel being needed, in the absence of any other satisfactory facilities, for the transportation of any census officer or employee or the transmission of any forms, correspondence, or supplies, shall refuse without adequate reason to permit the use of such animal, vehicle, ship or vessel, on the request of the officer or employee of the census responsible for such transportation or for the transmission of such forms, correspondence, or supplies, to the extent necessary for such transmission; or shall refuse to render such reasonable personal service as may be necessary in connection with the use of such animal, vehicle, ship or vessel; or shall demand an unusual or extortionate price or sum for the use of such means of transportation or for any services in connection therewith; and
(9) Any person who knowingly gives oral or written answers to any question upon a census form or to any proper question asked by a census officer or employee in the discharge of his duty which shall prove to be materially untrue in any particular; or who alters or falsifies any census form or declaration before or after it has been completed; or who signs any census form or declaration after it has been completed in the knowledge that it is materially untrue in any particular; or who pays, compels, advises, or induces any other person to make or sign any such untrue statement or form; or who forges any census form, completed or uncompleted; shall be punished, upon conviction, by imprisonment for not more than six months.
SEC. 27. Any person who impersonates a census officer or employee; and
(2) Any person who accompanies without proper authorization and after due warning a census officer or employee while engaged in enumeration or in the collection or revision of forms; and
(3) Any person who offers a reward, fee, or gratuity to any census officer or employee conditioned upon such officer or employee altering or omitting any portion of the census record or returns; and
(4) Any person who commits any fraud, makes any false statement, or compels, pays, requests, or induces any other person to commit such fraud or make such false statement with the object of enabling him to secure a position in the employ of the census, shall be punished, upon conviction, by imprisonment for not more than two years.
SEC. 28. Any person who, having accepted any position in the employ of the census and taken the oath thereof, and not having been duly released, refuses to perform the duties of such position, or neglects to use due diligence in bringing such census work as is intrusted to him to a satisfactory termination or disregards proper and necessary orders and instructions coming from his superiors, shall be punished, penalty, upon conviction, by imprisonment for not more than six months, in addition to any administrative penalties otherwise prescribed.
SEC. 29. Any person who, being the owner, occupier, or person in charge of any special area, institution, or establishment set apart to be enumerated under the provisions of sections twelve and thirteen of this Act, shall perform the enumeration required thereby in a manner so incomplete or erroneous as to necessitate its being done anew by an officer or employee of the census, shall be punished upon penalty, conviction, in addition to any other penalties herein elsewhere provided, by a fine of one and one-half centavos for every person enumerated as resident within such area, institution, or establishment, when such persons are enumerated anew.
SEC. 30. Any officer or employee of the census who, whether during or after the termination of his service as such, divulges or communicates the contents of any census form, record, return, or document, to any person not authorized to receive the same by the Governor-General, shall be punished, upon conviction, by imprisonment for not more than two years, in addition to any administrative penalties otherwise prescribed.
SEC. 31. Any officer or employee of the census who solicits or receives any reward, fee, or gratuity from any person, other than his usual salary and his regular compensation from census funds, whether or not conditioned upon the altering or omitting by him of any portion of the census or returns; and
(2) Any person who requests or permits any other person, without proper authorization, to accompany him while engaged in enumeration or in the collection or revision of forms, shall be punished, upon conviction, by imprisonment for not more than one year, in addition to any administrative penalties otherwise prescribed.
SEC. 32. Any officer or employee of the census who attempts to secure any information not prescribed by the Governor-General or who asks offensive or improper questions in the process of securing any information, authorized or unauthorized; or who willfully and maliciously attempts to enter any portion of any private dwelling except the room in which he would naturally be received, or any portion of any other premises an inspection of which is not essential to the performance of his duties, shall be punished, upon conviction, by imprisonment for not more than two years, in addition to any administrative penalties otherwise prescribed.
SEC. 33. Any official or employee of the Government who refuses to accept a position in the employ of the census, when tendered him by an authorized officer of the census, with the sanction of his superiors in office, shall be punished by such disciplinary measures as the Governor-General may deem proper.
SEC. 34. No prosecution against any person alleged to have committed any of the acts penalized by the foregoing sections of this Act shall be begun in any court save by direction of the Governor-General. Concurrent jurisdiction is hereby conferred upon Courts of First Instance over all offenses punishable under this Act, which but for this provision 'would be exclusively cognizable by justices of the peace.
SEC. 35. No civil or criminal action may be brought except by direction of the Governor-General against any person for anything done, or bona fide intended to be done in the exercise of any powers given, or in the performance imposed on him by this Act, without giving to such person one month's previous notice in writing of the intended action and of the cause thereof; nor may any such action be begun after the expiration of one year from the date of accrual of the cause of action. In every action so brought, the plaintiff to secure a judgment, must allege and prove that the defendant acted either maliciously or negligently and without reasonable or probable cause opinion of the Governor-General any action brought under the provisions of this section is malicious or without just cause, the Governor-General may direct that the defense of such action be paid from any appropriation made for the purposes of this Act, or from other available funds.
SEC. 36. The Governor-General shall be empowered to expend any funds of the census in amounts necessary to earn out any preliminary tests of census methods, or of the accuracy of any particular class of statistics with which they have to deal.
SEC. 37. All appropriations made by this Act, or for the execution of its provisions, shall be expended in the discretion of the Governor-General, who may delegate the power to approve such expenditures to such persons as he may deem advisable.
SEC. 38. All officers or employees of the Government and employees. detailed tor census work shall continue to receive their usual salaries during the time of such detail, but not from census funds; and no such officer or employee shall be regarded as absent from duty in the Bureau or Office from which he was detailed. Any such officer or employee may also receive compensation over and above his usual salary, from census funds, which compensation shall be payable in a single sum on the satisfactory termination of the census work assigned him.
SEC. 39. Whenever it shall appear that any person appointed, detailed, or designated to fill a position in connection with the census has performed the duties of such position in a notably efficient, expeditious, and economical manner, the Governor-General may in his discretion authorize the payment to such person of a bonus, in addition to the amount due him by the arrangement made at the time of his appointment or designation, in a sum not to exceed ten per centum of such amount.
SEC. 40. Whenever it shall appear that any person appointed, detailed, or designated to a position in connection with the census is performing or has performed his duties in an inefficient or dilatory manner, or at an unnecessary cost to census funds, or whenever any such person shall contravene any of the provisions of this Act or of any regulations or instructions issued thereunder, the Governor-General may in his discretion authorize the imposition of a fine; and the amount of such fine shall be deducted from the compensation due such person on the termination of census operations.
SEC. 41. All fines, whether administrative or judicial, which may be imposed on any person for offenses against the provisions of this Act, or of regulations issued thereunder, and all funds accruing from the sale of any property purchased from census funds, or of any saleable document issued in connection with the census, shall be covered into the general funds' of the Treasury.
SEC. 42. Whenever the Governor-General shall terminate Termination of the appointment, detail, or designation of any person to a position in connection with the census for cause, he may in his discretion authorize the payment to such person of such compensation at the rate of payment agreed upon at the time of his designation, as he may deem to constitute a fair remuneration for the service rendered.
SEC. 43. The allowance of per diems and traveling expenses to officers and employees of the census shall be governed by existing laws: Provided, That the Governor-General may by general regulations determine in what cases or classes of cases such per diems and expenses may be allowed; and may fix a maximum less than that allowed by existing laws: And provided further, That in the case of persons detailed for census work from another Bureau or office and continuing to receive their usual salaries therefrom the amount of their per diems shall be determined on the basis of such usual salaries, and not upon the basis of any honoraria or other extra compensation payable from census funds. Such per diems as are granted may be paid from census funds.
SEC. 44. No surcharges shall be imposed, nor shall any surcharges, charge be made by any Department, Bureau, or Office of the Government for any services rendered or supplies furnished or purchased in connection with the census, over and above the actual cost of such services or supplies.
SEC. 45. Any person who shall have rendered satisfactory service in connection with the census operations shall, when other qualifications are equal and subject to the provisions of the Civil Service Act, be given preference of appointment to positions in the civil service upon presentation of a certificate of such service issued by the Governor-General.
SEC. 46. The sum of twenty-five thousand pesos, or as much thereof as may be necessary, is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for carrying out the provisions of this Act during the current fiscal year.
SEC. 47. Nothing in this Act shall be construed to establish a permanent census office.
SEC. 48. This Act shall take effect on its passage.
Enacted, February 28, 1914.
SECTION 1. The short title of this Act shall be "The Census Act."
SEC. 2. A census of the Philippine Islands shall be taken under the direction of the Governor-General and under the supervision of the Executive Secretary. The enumeration shall begin on a day to be fixed by the Governor-General, which shall be called Census Day, and shall proceed on consecutive days from daylight to darkness, including Sundays and holidays, until completed; and all data prescribed to be gathered by this Act or by regulations issued under it shall be gathered as of twelve o'clock of the night preceding that day: Provided, That if the Governor-General shall deem it necessary to require that the enumeration of any part or parts of the Philippine Islands should begin before Census Day, he is hereby authorized to fix the time when such enumeration shall begin.
SEC. 3. The persons to be enumerated shall comprise all Arsons enumerated, those persons who spent the night preceding Census Day within the jurisdiction of the Philippine Islands, including all those who have subsequently died or departed therefrom; all persons who spent said night on any ship within the jurisdiction of the Philippine Islands, or on any ship engaged in the coastwise trade in the Philippine Islands: Provided, That the totals of such persons as belong to the armed eluded, forces of the United States in the Philippine Islands shall be separately recorded and, except in the cases of natives of the Philippine Islands, shall not be included in any official statement of the population of the Philippine Islands when such population is given as a part of the total population of the United States: And provided further, That no enumeration of the persons belonging to such armed forces of the United States in the Philippine Islands shall be undertaken without the consent of the officers commanding the military and naval forces, respectively.
SEC. 4. The immediate supervision of the census operations shall be vested in one or more persons to be appointed or designated by the Governor-General and to be known as census assistants who shall perform such dtities as may be required of them.
SEC. 5. Such census assistants as may be appointed shall receive salaries in the discretion of the Governor-General not to exceed ten thousand pesos per annum each. Such census assistants as may be designated from among the officers or employees of the Government shall continue to receive the salaries of the offices or employments held by them and shall receive such honoraria, payable from census funds, as may be fixed by the Governor-General.
SEC. 6. The Governor-General is hereby authorized to do and to require to be done any and all acts or things necessary to carry out the purposes of this Act, and to delegate any and all authority in him vested by this Act to any person or persons; and for the purpose of this Act the Governor-General is authorized and empowered to divide and subdivide the territory of the Philippine Islands into such portions as may be convenient and to appoint or designate all persons necessary to any out the provisions of this Act.
SEC. 7. Partial or complete returns, reports, and other information may be published from time to time by order of the Governor-General and the returns shall be so prepared as to show the population and other statistics by provinces, subprovinces, districts, municipalities, barrios, and other subdivisions in the discretion of the Governor-General.
SEC. 8. Every officer or employee of the Insular or of any provincial or municipal government who may be designated by the Governor-General to perform any duties governments in connection with census operations is hereby required to accept such designation and to perform such duties, and it shall be the duty of every chief of Bureau or head of office, and of all officers of any provincial or municipal government to authorize any necessary detail and to relieve any officer or employee from his regular duties for such period, if any, as may be required for the purposes of this section.
SEC. 9. The duties of all persons appointed or designated under this Act shall begin at such time as shall be fixed by the Governor-General and shall continue until such persons are relieved of such duties: Provided, however, That subsequent to such relief persons so appointed or designated may be required to perform such further services as may be necessary.
SEC. 10. Every officer and employee of the census shall take and subscribe an oath or affirmation to do and perform accurately and to the best of his ability such duties as may be required of him. Any oath or affirmation prescribed by this Act to be taken by any officer or employee of the census and in connection with his duties thereunder, may be taken and subscribed to before any superior officer of the census, or before any Insular, provincial or municipal official, and all such officials are hereby authorized and required to administer such oaths on request: Provided, That no such person shall receive any fee or compensation for the administration of such oaths.
SEC. 11. There shall be in each province a census advisory board, which shall be composed of any or all members of the provincial board, and of such other persons as may be appointed by the Governor-General: Provided, That in those divisions corresponding to the city of Manila and to non-Christian provinces or portions thereof, the establishment of such boards shall not be obligatory. The members of census advisory boards shall serve as such ex officio and shall receive formal appointments. There shall be a president of every such board who shall be an elective member of the provincial board, and one or more vice-presidents. The president, or in his absence the ranking vice-president, shall, subject to general regulations to be prescribed by the Governor-General, call the meetings of the board and regulate its business. It shall be the duty of such boards to assist and advise the officer in charge of census operations in the province, and to use all authority and influence which they may possess, collectively or individually, with the people of the province and with the local officials, to secure active and hearty cooperation with the census officers.
SEC. 12. If, in the judgment of the Governor-General, it shall appear that a more complete, accurate, and economical census of the inhabitants of any of the areas, institutions, or establishments enumerated in the following section of this Act, can be secured by the owners, occupiers, or persons in charge thereof than by the regular enumerators, he may direct that the census of such areas, institutions, or establishments shall be made by such owners, occupiers, or persons in charge, who shall take the oath prescribed for enumerators, or a modified form thereof, in the discretion of the Governor-General, and shall be subject to the penalties provided in this Act for the nonperformance or improper performance of the duties required of enumerators, and shall have the powers conferred upon enumerators; and such owners, occupiers, or persons in charge shall be required to complete such enumeration in a satisfactory manner and in accordance with the instructions given them, and to deliver the schedules within the time prescribed; for which service as enumerators they shall receive no compensation : Provided, That when such areas, institutions, or establishments are the property of, or when the persons in charge of them are the employees of, the Government of the United States or the Philippine Islands, such service as enumerator shall not be required except with the prior approval of the chief of the Bureau or Department concerned, of the commanding general of the Philippines Division, or the commandants of naval stations, or other persons who have power to authorize such service: And provided further, That if any officer or employee of the census is charged with the collection of such schedules, he shall revise them and require the correction of all errors, and cause all data and information omitted to be supplied; and if there be reasonable ground for belief that such enumeration is incomplete or inaccurate, he may, if specifically authorized by his superior officer, re-enumerate the residents of such area, institution, or establishment and in such case the owner, occupier, or person in charge thereof shall be liable to prosecution, under sections twenty-six and twenty-nine of this Act; and he also may, if such proceeding would facilitate the work of re-enumeration, and if he is specifically authorized by his superior officer, demand that the residents of the premises be assembled for the verification of such enumeration.
SEC. 13. The special areas, institutions, and establishments which the owner, occupier, or other person in charge may be required to enumerate without compensation under the provisions of the preceding section of this Act may include any or all of the following, together with the premises attached to them: Private dwelling houses occupied by literate persons who for any reason can be more efficiently enumerated in such manner, to be enumerated by the householder, landlord, or other person in charge; military and naval reservations, to be enumerated by persons detailed by the commanding officers; public and ie private hospitals, asylums, and charitable institutions, to asylums, be enumerated by the persons in charge; prisons, jails, prisons,jails,etc. lockups, reform schools, and other penal institutions, to be enumerated by the warden or other person in charge; Constabulary and any other police barracks or quarters, to be enumerated by persons detailed for such service by the commanding officer; agricultural experiment stations and public works in operation or under construction, to be enumerated by the persons in charge; convents and religious schools and seminaries, to be enumerated by persons selected by the ecclesiastical authorities; boarding or other schools, to be enumerated by the persons in charge; hotels, boarding rehouses, lodging houses, cooperative messes and clubs having members residing on the premises, or other such places or establishments, to be enumerated by the proprietor, landlord, manager, managing director, or person in charge; public civil reservations, to be enumerated by the person in charge; ships in harbor and other boats, vessels, or craft, to be enumerated by the master or other person in charge; landed estates, forest concessions, private workshops and construction works, to be enumerated by the person in charge; and any other area, institution or establishment of whatsoever character, to be enumerated by the person in charge: Provided, however, That any person in this section required to perform any of the duties indicated may delegate such duties to another, but shall himself subscribe, take oath or otherwise certify to the correctness of the enumeration made and shall be responsible for such errors and omissions as may appear therein, and shall be subject to the penalties imposed in this Act.
SEC. 14. If, in the judgment of the Governor-General, it shall appear practicable and desirable to collect, in addition to any prescribed facts and statistics relating to the population as individuals, further information relating to corporate bodies, partnerships, associations, social and economic institutions, industrial and commercial enterprises, and agricultural and other forms of property of whatsoever class, kind, or character, he may direct that such information shall be collected and it shall be obligatory on all proprietors, officers, partners, associates, directors, administrators, managers, and legal representatives of such corporations, partnerships, associations, institutions, enterprises, and properties, to furnish such information in the manner and within the time which may be prescribed. The collection of the information may be secured by mailing or delivering the necessary forms and explanatory matter to the persons best qualified to furnish it, in which cases such proprietors, officers, partners, associates, directors, administrators, managers, or legal representatives shall be required to complete the schedules or forms themselves, or cause them to be completed, on their own responsibility, by their delegates, as provided in the preceding section. The persons required to complete such schedules may also be required to mail or deliver them on completion, and within such time as may be prescribed to a designated census officer.
No information obtained during the taking of this census from any corporation, association, partnership, institution, or business enterprise howsoever established or constituted, shall be used in any court or in any public office either as evidence for or against the corporation, association, partnership, institution, or enterprise, from which such information emanates, or for the purpose of basing thereon any assessment or collection of taxes or public contributions; nor shall any such information be divulged to any person except to authorized census officers acting in the performance of their duties; and no census officer or employee of the Government shall make known to any other person not properly authorized any information contemplated in this section, which may have been secured during the census operations; nor shall any report or publication issued under the provisions of this Act contain any information indicated in this section which would serve to identify the corporation, association, partnership, institution, enterprise, or property from which it was secured, without the special consent in writing of such corporation, association, partnership, institution, enterprise, or property. The receipt by any officer, partner, associate, member, or stockholder of any corporation, association, partnership, institution, or business enterprise, of any schedule or form contemplated in this section shall constitute delivery to the corporation, association, partnership, or business enterprise, and the fact that such officer, partner, associate, member, or stockholder is not the person who would ordinarily complete such schedule or form shall not relieve him of responsibility for the redelivery of such schedule or form to the proper person, nor shall it relieve such proper person from the responsibility for the completion thereof.
SEC. 15. Whenever it shall appear to the Governor-General that any portion of the enumeration and census provided for in this Act is incomplete or erroneous, he may cause such incomplete and unsatisfactory enumeration and census to be amended or retaken under such methods as may, in his discretion, be practicable.
SEC. 16. No officer or employee of the census shall, in that capacity as distinguished from any other public employment which he may hold at the same time, be subject to the provisions of Act Numbered Sixteen hundred and ninety-eight, known as the Civil Service Act, and the amendments thereto: Provided, That the Governor-General may in any or all cases require the intervention of the Director of Civil Service and may apply any of the provisions of said Act or of the regulations issued thereunder.
SEC. 17. Preference in appointments under the provisions of this Act shall be given to natives of the Philippine Islands. No person shall be debarred from employment under the census on account of age or sex.
SEC. 18. No officer or employee of the census shall be accompanied or assisted in the performance of his duties by and employees, any person other than another duly appointed officer or employee of the census who has been specifically instructed to accompany or to assist him, or by an officer or enlisted man of the Army or Navy of the United States or of the Philippine Constabulary, or some other peace officer, whose presence is necessary to protect or assert the authority of such officer or employee of the census.
SEC. 19. No chief of Bureau or head of office shall order the transfer of any officer or employee of his Bureau or office detailed to the census in any locality to another locality until the work of such person in connection with the census is completed, or without advising the Governor-General of such proposed transfer at least fifteen days before such proposed transfer is to become effective.
SEC. 20. All Insular, provincial and municipal officers and employees, if required, shall render such assistance to any municipal officers and officer of the census as may be necessary and proper to enable the latter to execute the provisions of this Act. Recesses from their ordinary duties may be granted by the Governor-General to persons in the public service detailed to the census; and such official business as is not of an urgent nature may be intermitted during Census Day and the six days immediately following.
SEC. 21. All residents of the Philippine Islands shall give -from residents, any required assistance to the officers and employees of the census in executing the provisions of this Act.
SEC. 22. In the event of the death of any officer or employee of the census, after his appointment and entrance on his duties, the Governor-General is empowered to authorize to be paid to the person whom in his discretion he shall deem to be the legal representative of such deceased officer or employee such sum as he may deem to be just and fair for the services rendered by said officer or employee, not exceeding such proportion of any total compensation agreed to be paid him as shall correspond to such portion of the estimated total period of his detail or appointment as he may have served, or any daily or monthly allowance provided for the position held by him, for the days during which he was actually employed.
SEC. 23. The authority to lease, rent, hire, remodel, furnish and pay all necessary expenses of such buildings, offices or other quarters in the Philippine Islands as may be required for census purposes is hereby conferred upon the Governor-General.
SEC. 24. No information secured by any census form shall be divulged to any person other than an officer or employee of the census acting in discharge of his duty, or published, except in the form of tabulations or summaries having no reference to individuals; and all such forms shall be destroyed when in the judgment of the Governor-General they have served their administrative purpose. No entry in any form, register or record made by a census officer or by any other person in the discharge of his duty under this Act shall be admissible as evidence in any civil or criminal proceeding, save and except a prosecution instituted under this Act.
SEC. 25. Any person who refuses to supply any prescribed information, or refuses to answer any proper question necessary to secure such information, when asked by an officer or employee of the census, in regard to himself or any other person of whom he has knowledge: Provided, That no such information need be supplied and no such question answered unless the questioner, on request made at the time of inquiry, exhibits his formal appointment, or other clear evidence of appointment, as a census officer or employee; and
(2) Any person who, being g, passenger, guest, boarder or lodger, inmate, patient, or other resident in any special area, institution, or establishment set apart to be enumerated by the owner, occupier, or person in charge, under the provisions of sections twelve and thirteen of this Act, refuses or neglects properly to complete and sign any census schedule or form delivered to him by the owner, occupier, proprietor, or person in charge of such special area, institution, or establishment, for himself or for his family and dependents; or who, if unable to read and write the English or Spanish language, refuses to supply the required information to the person responsible for the proper completion thereof; and
(3) Any person who refuses to allow any census officer property or employee to fix on any portion of any dwelling or other property in his possession, in a conspicuous place, any
authorized mark, sign, notice, letter or number necessary to the prosecution of the census work; or who removes such mark, sign, notice, letter, or number before the expiration of one month from the Census Day, unless sooner authorized; or who removes any mark, sign, notice, letter or number placed or reserved to indicate the boundary of an area set apart for census purposes; and
(4) Any person who, on the completion of the census operations in the locality in which he resides, has not been enumerated or knows or believes that any other person or persons have not been enumerated and neglects to notify the nearest officer or employee of the census without delay of such fact; and
(5) Any person who neglects to notify the nearest officer or employee of the census of his knowledge or belief that he himself, or any other person or persons, have been enumerated twice; or who has once been enumerated, or knows or believes that any other person or persons have once been enumerated, and neglects to inform of the fact of such prior enumeration any enumerator or other authorized person who is on the point of enumerating a second time either himself or any other such person or persons; or who fails to present to such enumerator or other authorized person any pass, ticket, certificate, or other document which may bear evidence to the fact of such prior enumeration; and
(6) Any person who, having received from any census officer any pass, ticket, certificate, or other document showing that he, his family or dependents, or any area, institution, or establishment of which he is the owner, occupier or person in charge, or the inhabitants thereof, have been enumerated by such census officer, fails to preserve such pass, ticket, certificate, or other document in an unmutilated and legible condition for two months from the receipt thereof; and
(7) Any person who refuses compliance with the provisions of this Act or with any regulations issued under it and necessary for its execution, when such refusal is not otherwise penalized herein, shall be punished, upon conviction, by imprisonment for not more than thirty days.
SEC. 26. Any person who, being the owner, occupier, person in charge of any special area, institution, or establishment set apart to be enumerated under the provisions of sections twelve and thirteen of this Act, or an officer, director, partner, associate, manager or legal representative of any corporation, partnership, association, institution, industrial or commercial establishment or enterprise, or other property, in regard to which the collection of statistics is prescribed under the provisions of section fourteen of this Act, refuses or neglects properly to complete any census form mailed or delivered to him and to subscribe the same; and
(2) Any person who, being a resident of such area, informs, institution, or establishment, or an officer, director, manager, associate, partner, or employee of any such corporation, partnership, association, institution, industrial or commercial establishment, or any other property, refuses or neglects, in the absence of the owner, occupier, or person in charge, or of an officer, director, manager, or legal representative to receive such form and make delivery thereof to such owner, occupier, person in charge, officer, director, manager, or legal representative; and
(3) Any person who, being the owner, occupier, or person incharge of such special area, institution, or establishment, u refuses or neglects to distribute the necessary schedules or forms to the passengers, guests, boarders, lodgers, inmates, patients, or other residents of the premises entitled thereto, and to report to the nearest officer or employee of the census the names of any who refuse to receive or complete them; and to transmit forms.
(4) Any person who refuses or neglects to deliver or transmit to the addressee any census forms mailed or delivered to him, in the manner and within the time prescribed; and
(5) Any person who refuses any census officer or employee, acting in discharge of his duty entrance to any premises under his control, except portions of a private dwelling other than the room in which such officer or employee would naturally be received: Provided, That such entrance be not demanded to an extent beyond that necessary to secure the prescribed facts and statistics or to verify them after they have been entered upon the schedules by other persons; and
(6) Any person who obstructs any census officer or employee in the discharge of his duty, or refuses or neglects to render him reasonable assistance, when called upon to do so; and
(7) Any Person who misrepresents or attempts in any way to misrepresent the objects of the census or to arouse hostility against it; and
(8) Any person who, being the owner of any animal, vehicle, ship or vessel of any kind, and such animal, vehicle, ship or vessel being needed, in the absence of any other satisfactory facilities, for the transportation of any census officer or employee or the transmission of any forms, correspondence, or supplies, shall refuse without adequate reason to permit the use of such animal, vehicle, ship or vessel, on the request of the officer or employee of the census responsible for such transportation or for the transmission of such forms, correspondence, or supplies, to the extent necessary for such transmission; or shall refuse to render such reasonable personal service as may be necessary in connection with the use of such animal, vehicle, ship or vessel; or shall demand an unusual or extortionate price or sum for the use of such means of transportation or for any services in connection therewith; and
(9) Any person who knowingly gives oral or written answers to any question upon a census form or to any proper question asked by a census officer or employee in the discharge of his duty which shall prove to be materially untrue in any particular; or who alters or falsifies any census form or declaration before or after it has been completed; or who signs any census form or declaration after it has been completed in the knowledge that it is materially untrue in any particular; or who pays, compels, advises, or induces any other person to make or sign any such untrue statement or form; or who forges any census form, completed or uncompleted; shall be punished, upon conviction, by imprisonment for not more than six months.
SEC. 27. Any person who impersonates a census officer or employee; and
(2) Any person who accompanies without proper authorization and after due warning a census officer or employee while engaged in enumeration or in the collection or revision of forms; and
(3) Any person who offers a reward, fee, or gratuity to any census officer or employee conditioned upon such officer or employee altering or omitting any portion of the census record or returns; and
(4) Any person who commits any fraud, makes any false statement, or compels, pays, requests, or induces any other person to commit such fraud or make such false statement with the object of enabling him to secure a position in the employ of the census, shall be punished, upon conviction, by imprisonment for not more than two years.
SEC. 28. Any person who, having accepted any position in the employ of the census and taken the oath thereof, and not having been duly released, refuses to perform the duties of such position, or neglects to use due diligence in bringing such census work as is intrusted to him to a satisfactory termination or disregards proper and necessary orders and instructions coming from his superiors, shall be punished, penalty, upon conviction, by imprisonment for not more than six months, in addition to any administrative penalties otherwise prescribed.
SEC. 29. Any person who, being the owner, occupier, or person in charge of any special area, institution, or establishment set apart to be enumerated under the provisions of sections twelve and thirteen of this Act, shall perform the enumeration required thereby in a manner so incomplete or erroneous as to necessitate its being done anew by an officer or employee of the census, shall be punished upon penalty, conviction, in addition to any other penalties herein elsewhere provided, by a fine of one and one-half centavos for every person enumerated as resident within such area, institution, or establishment, when such persons are enumerated anew.
SEC. 30. Any officer or employee of the census who, whether during or after the termination of his service as such, divulges or communicates the contents of any census form, record, return, or document, to any person not authorized to receive the same by the Governor-General, shall be punished, upon conviction, by imprisonment for not more than two years, in addition to any administrative penalties otherwise prescribed.
SEC. 31. Any officer or employee of the census who solicits or receives any reward, fee, or gratuity from any person, other than his usual salary and his regular compensation from census funds, whether or not conditioned upon the altering or omitting by him of any portion of the census or returns; and
(2) Any person who requests or permits any other person, without proper authorization, to accompany him while engaged in enumeration or in the collection or revision of forms, shall be punished, upon conviction, by imprisonment for not more than one year, in addition to any administrative penalties otherwise prescribed.
SEC. 32. Any officer or employee of the census who attempts to secure any information not prescribed by the Governor-General or who asks offensive or improper questions in the process of securing any information, authorized or unauthorized; or who willfully and maliciously attempts to enter any portion of any private dwelling except the room in which he would naturally be received, or any portion of any other premises an inspection of which is not essential to the performance of his duties, shall be punished, upon conviction, by imprisonment for not more than two years, in addition to any administrative penalties otherwise prescribed.
SEC. 33. Any official or employee of the Government who refuses to accept a position in the employ of the census, when tendered him by an authorized officer of the census, with the sanction of his superiors in office, shall be punished by such disciplinary measures as the Governor-General may deem proper.
SEC. 34. No prosecution against any person alleged to have committed any of the acts penalized by the foregoing sections of this Act shall be begun in any court save by direction of the Governor-General. Concurrent jurisdiction is hereby conferred upon Courts of First Instance over all offenses punishable under this Act, which but for this provision 'would be exclusively cognizable by justices of the peace.
SEC. 35. No civil or criminal action may be brought except by direction of the Governor-General against any person for anything done, or bona fide intended to be done in the exercise of any powers given, or in the performance imposed on him by this Act, without giving to such person one month's previous notice in writing of the intended action and of the cause thereof; nor may any such action be begun after the expiration of one year from the date of accrual of the cause of action. In every action so brought, the plaintiff to secure a judgment, must allege and prove that the defendant acted either maliciously or negligently and without reasonable or probable cause opinion of the Governor-General any action brought under the provisions of this section is malicious or without just cause, the Governor-General may direct that the defense of such action be paid from any appropriation made for the purposes of this Act, or from other available funds.
SEC. 36. The Governor-General shall be empowered to expend any funds of the census in amounts necessary to earn out any preliminary tests of census methods, or of the accuracy of any particular class of statistics with which they have to deal.
SEC. 37. All appropriations made by this Act, or for the execution of its provisions, shall be expended in the discretion of the Governor-General, who may delegate the power to approve such expenditures to such persons as he may deem advisable.
SEC. 38. All officers or employees of the Government and employees. detailed tor census work shall continue to receive their usual salaries during the time of such detail, but not from census funds; and no such officer or employee shall be regarded as absent from duty in the Bureau or Office from which he was detailed. Any such officer or employee may also receive compensation over and above his usual salary, from census funds, which compensation shall be payable in a single sum on the satisfactory termination of the census work assigned him.
SEC. 39. Whenever it shall appear that any person appointed, detailed, or designated to fill a position in connection with the census has performed the duties of such position in a notably efficient, expeditious, and economical manner, the Governor-General may in his discretion authorize the payment to such person of a bonus, in addition to the amount due him by the arrangement made at the time of his appointment or designation, in a sum not to exceed ten per centum of such amount.
SEC. 40. Whenever it shall appear that any person appointed, detailed, or designated to a position in connection with the census is performing or has performed his duties in an inefficient or dilatory manner, or at an unnecessary cost to census funds, or whenever any such person shall contravene any of the provisions of this Act or of any regulations or instructions issued thereunder, the Governor-General may in his discretion authorize the imposition of a fine; and the amount of such fine shall be deducted from the compensation due such person on the termination of census operations.
SEC. 41. All fines, whether administrative or judicial, which may be imposed on any person for offenses against the provisions of this Act, or of regulations issued thereunder, and all funds accruing from the sale of any property purchased from census funds, or of any saleable document issued in connection with the census, shall be covered into the general funds' of the Treasury.
SEC. 42. Whenever the Governor-General shall terminate Termination of the appointment, detail, or designation of any person to a position in connection with the census for cause, he may in his discretion authorize the payment to such person of such compensation at the rate of payment agreed upon at the time of his designation, as he may deem to constitute a fair remuneration for the service rendered.
SEC. 43. The allowance of per diems and traveling expenses to officers and employees of the census shall be governed by existing laws: Provided, That the Governor-General may by general regulations determine in what cases or classes of cases such per diems and expenses may be allowed; and may fix a maximum less than that allowed by existing laws: And provided further, That in the case of persons detailed for census work from another Bureau or office and continuing to receive their usual salaries therefrom the amount of their per diems shall be determined on the basis of such usual salaries, and not upon the basis of any honoraria or other extra compensation payable from census funds. Such per diems as are granted may be paid from census funds.
SEC. 44. No surcharges shall be imposed, nor shall any surcharges, charge be made by any Department, Bureau, or Office of the Government for any services rendered or supplies furnished or purchased in connection with the census, over and above the actual cost of such services or supplies.
SEC. 45. Any person who shall have rendered satisfactory service in connection with the census operations shall, when other qualifications are equal and subject to the provisions of the Civil Service Act, be given preference of appointment to positions in the civil service upon presentation of a certificate of such service issued by the Governor-General.
SEC. 46. The sum of twenty-five thousand pesos, or as much thereof as may be necessary, is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for carrying out the provisions of this Act during the current fiscal year.
SEC. 47. Nothing in this Act shall be construed to establish a permanent census office.
SEC. 48. This Act shall take effect on its passage.
Enacted, February 28, 1914.