agent; and evidence of such agreements can not be received without the writing, or secondary evidence of their contents. Thus the amount of 1500 pesetas, or 300 as provided by this Article is now reduced to 100.

As to the second paragraph of this Article, evidently it is still in force, inasmuch as the parties are free to fix the means of carrying out their contract, provided it does not prejudice third persons and is not against public policy. Even that portion of this paragraph requiring the fulfillments of the conventional conditions or tokens previously agreed upon by the contracting parties in carrying out their telegraphic correspondence, may be said to be still in force. See Thunga Chin vs. Que Bentec, 2 Phil. 562.

ARTICLES 52-59. In force.

ARTICLE 60. In force.

Except that which refers to bills of exchange and promissory notes, which are now governed by the provisions of the Negotiable Instruments Law, Act 2031.

ARTICLES 61-63. In force.

In connection with Article 62, see Floriano vs. Delgado et al., 11 Phil. 156.

ARTICLES 64-80. While these Articles have not been expressly or impliedly repealed by any subsequent legislation the very fact that Commercial Exchange had never been established in these Islands, makes their provisions of no effect. The Supreme Court of the Philippine Islands in Strong vs. Gutierres Répide, 6 Phil. 687, says: "We may take judicial notice of the fact that there is no 'exchange' in the Philippine Islands as indeed is plain from various Articles of the Spanish Code of Commerce, specifically made applicable to these Islands."

ARTICLES 81-87. In force.

ARTICLES 88-114. In force.

The provisions of these Articles must be held to be still in force inasmuch as they have not been either expressly or impliedly repealed. But with the change of sovereignty in the Philippines the word "Spanish" used in Articles 89 and 94 is now changed to Filipinos, and the "Banco Español-Filipino" mentioned in some of these Articles is now changed to "The Bank of the Philippine Islands."

In Strong vs. Gutierrez Répide, supra, it was held that there was no proof that there was in Manila or in the Islands any association of commercial brokers that could issue licenses to general brokers. Held further that this office being a technical one of special power and privilege, created under Title IV of Book I of

the Code of Commerce, calls for strict proof of the conditions of its existence.

ARTICLE 115. In force.

ARTICLE 116. In force.

ARTICLE 117. Partly in force.

Several of the establishments and associations mentioned in the second paragraph of this Article are now fully covered by the special provisions of the present Corporation Law (Act 1459, Chapter II). ARTICLE 118. In force.

ARTICLES 119-121. In force.

ARTICLE 122. Partly in force.

Numbers 1 and 2 of this Article are still in force. Number 3 has been expressly repealed by Act 1459, Section 191, which provides that the Code of Commerce, in so far as it relates to "sociedades anónimas," is repealed, except as to those "sociedades anónimas" lawfully organized and existing as such on March 1, 1906, which have elected to continue their business as such "sociedades anónimas" instead of reorganizing themselves under the provisions of the new Corporation Law. In such a case the provisions of No. 3 of this Article still govern as to the relations of the members between themselves, but the relations of the members of the corporation to the public in general and to the public officials in particular are now subject to the provisions of Act 1459.

ARTICLE 123. In force.

All these associations and corporations are now governed by the special provisions of Act 1459.

ARTICLE 124. In force.

ARTICLES 125-150. In force.

See Act 1459, section 191.

ARTICLES 151-174. Repealed.

The provisions of these Articles have been expressly repealed by Section 191 of Act 1459 saving only as to their application to "sociedades anónimas" organized under the Code of Commerce prior to the enactment of the present Corporation Law.

ARTICLE 175. Repealed.

The transactions mentioned in paragraphs 1, 5 and part of paragraph 7 can only be carried on now by the government. The remaining parts of this Article are fully covered by the various provisions of the new Corporation Law.

ARTICLE 176. In force.

This article seems to be still in full force, inasmuch as it does not contain provisions inconsistent with Act 1459, relative to Building and Loan Associations.

ARTICLE 177. Repealed.

Provisions of this Article are fully covered by Act 1459, Sections 116 and 117.

ARTICLE 178. Partly repealed.

The business transactions of banking corporations organized under the provisions of Act 1459 are now governed by that law. Banks organized under the provisions of the Code of Commerce may still be governed by the provisions of this Article.

ARTICLE 179. In force.

ARTICLE 180. Superseded by Act 1459, Section 125.

ARTICLE 181. In force.

ARTICLE 182. Superseded by Act 1459, Section 121.
ARTICLE 183. Repealed.

There is no such requirement in the present law.

The provisions of these Articles relative to railroads have been superseded by the provisions of Act 1459 and with regards to street railways by those of Act 667.

ARTICLES 193-198. Repealed by Act 2137, known as the Warehouse Re

ceipts Law.

ARTICLE 199. Repealed by Act 1459, Section 103.

ARTICLE 200. Repealed by Act 1459, Sections 104 and 105.

At present no town, province, or even the central government can borrow money without proper legislative enactment authorizing the same. (See 2 Op. Atty. Gen. 378.)

ARTICLES 203, 204. Repealed by Act 1459, Section 105.

ARTICLE 205. In force.

ARTICLES 206-208. Repealed by Act 1459, Section 16.

ARTICLE 209. In force.

ARTICLE 210. In force.

ARTICLE 211. Partly superseded by the provisions of Act 1459, relative to such associations, except as to those Articles which are neither inconsistent with nor covered by the provisions of the said Act. ARTICLES 212-217. These Articles have been superseded by the provisions of the Act of Congress of March 4, 1907, entitled: "An Act to Provide for the Establishment of an Agricultural Bank in the Philippine Islands," and by Act 1865 of the Philippine Legislature. ARTICLES 218-221. In force.

The new Corporation Law, Act 1459, provides the following ways of dissolving corporations:

1st. By the expiration of the period fi ed in the articles of incorporation.

2nd. By legislative enactment under the power of repeal, specially reserved by the State.

3rd. By the loss of an essential integral part, which can not
be supplied; as by the death or withdrawal of all the
members, where there are no means of supplying their
places.

4th. By forfeiture of its franchise for misuser or nonuser.
5th. By the will of the majority of the members or of the stock-
holders holding at least two-thirds of all shares of stock
issued or subscribed, upon application to the Court of
First Instance, where the principal office of said cor-
poration is situated (Clark on Corp. pp. 230-246; Act
1459, Sections (2-67, 76, 77.)

ARTICLES 222-237. In force.

ARTICLE 238.

Repealed by Act 1459, Sections 63 and 64.

ARTICLES 239-243. In force.

ARTICLES 244-302. In force.

As to deposits in warehouses, see Act 2137, Sections 8 to 36.

ARTICLES 303-310. In force.

As to goods deposited in warehouses, see Act 2137 and Act 1782. ARTICLES 311-319. In force.

ARTICLES 320-324. In force.

No town, province, or even the central government can borrow money or issue bonds without proper legislative enactment author

izing the same. (2 Op. Atty. Gen. 373; Nashville vs. Ray, 19 Wall (U. S.) 468, 22 Law Ed. 164; Merrill vs. Montecillo, 138 U. S. 673; Hill vs. Memphis, 134 U. S. 198.

ARTICLES 325-345. In force.

ARTICLE 346. In force.

ARTICLES 347, 348. In force.

ARTICLE 349. In force.

ARTICLE 350. In force.

According to an unpublished opinion of the Attorney-General on this Article, the Insular Collector of Customs may prescribe forms of Bills of Lading for coastwise vessels.

ARTICLES 351. In force.

But see Act 1779, Section 15.

In connection with Article 366 see. The Government of the Philippine Islands vs. Inchausti & Co., 24 Phil. 315.

ARTICLES 352-368. In force.

ARTICLE 369. Repealed.

The provisions of this Article have been superseded by Act 1459, Section 86, paragraphs (c), (f), (g), and Section 225, as amended by Act 864, Section 9, and Act 355, Sections 271-283.

ARTICLES 370-373. In force.

ARTICLE 374. In force.

See also Act 1459, Section 86 (g).

ARTICLES 375-379. In force.

With regard to common carriers in general see also Act 98 as amended by Act 603, Section 1.

ARTICLES 380-385. In force.

ARTICLES 386-402. In force.

ARTICLE 403. Repealed by Act 1956, Section 50 and Act 190, Sections

254 et seq.

ARTICLES 404-409. In force.

ARTICLE 410. Repealed by Act 190.

The opinions of experts are only a matter of evidence, and the court may base its judgment upon them or wholly disregard them and decide as may be just and equitable according to the fact and law in the case.