The Municipal code and the Provincial government act, being Act no. 82, entitled "A general act for the organization of municipal governments in the Philippine islands", and Act no. 83, entitled "A general act for the organization of provincial governments in the Philippine islands" as amended by the acts of the Philippine commission down to and including May 31, 1905, revised and codified by the Committee on revision and codification appointed by the governor-general. Published by authority of the Philippine commission.

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APPENDIX.

have the power to issue a mortgage upon the franchise, plant,
equipment, and property owned and operated in connection with
the franchise, which shall constitute a first lien on the entire
property, movable and immovable, then in possession of or subsequently acquired by the owner of the franchise and used by him
Sale of mova- in operation under the franchise. Such mortgage shall not prebles, etc. vent the sale of movables or personal property of the owner when
the same shall have ceased to be useful for the maintenance and
operation of the line free from the lien, but the lien shall attach
to all property purchased and substituted in the proper equipment
Filing. of the line. In order that the mortgage shall constitute a prior
lien as against purchasers of immovables, the mortgage having
been duly executed in accordance with law shall be filed with the
registrar or registrars of land in the province or provinces in
which the line is: Provided, That the mortgage may be duly filed
Languages. a's herein directed in the Spanish or English language as it may
have been executed in either language, but unless the original is
accompanied by a reasonably correct translation it shall be the
duty of the registrar to procure the making of such a translation
and to charge and collect a reasonable amount from the person
filing the mortgage to pay for such a translation at the time of
filing the original instrument, and to file the translation with the
original, the language of the latter in case of doubt to control.
Foreclosure. When the mortgage is foreclosed and the property sold thereunder
in accordance with its terms, as a whole, the sale shall include the
franchise, which may pass by assignment to the assignee and be
enjoyed by him, if he is otherwise competent to do such business
Security by in the Philippine Islands, in accordance with its terms. The mortmortgage.
gage may be issued to secure one loan or to secure a number of
negotiable bonds, the owners of which shall be represented by one
or more trustees, who shall be the grantee or grantees of the
mortgage.
Record of fran- SEC. 11. The franchise, when granted, shall be spread upon the
chise. minutes of the municipal council, upon the minutes of the provin-copy. cial board, and a copy of the same, certified by the provincial
secretary, shall be forwarded to the Secretary of Commerce and
Police, by him to be filed in the records of the Executive Bureau.
Water-power SEC. 12. Neither the provincial board nor the council of any
rights reserved.
municipality shall have power to confer the right to use water
power derived from any of the streams in such province or municipality in connection with the franchise, the granting of which is
herein provided for. Water-power rights are hereby declared to
be grantable only by and in accordance with Acts of the Commission.
onprdemnation SEC. 13. The grantee of a franchise for an electric street railway,
erty. electric light or power or telephone line, granted hereunder, or
under any special Act of the Commission, shall have the power of
condemning private property reasonably needed for the construction of its line, to be exercised by a special proceeding begun in
-the proper Court of First Instance, with such auxiliary proceedings as may be necessary in the Court of Land Registration
according to law; but such power of eminent domain shall only
be exercised after approval by the Governor-General to be given
before the judicial proceedings are begun.