When works in connection with ports are in question, there shall be followed, besides, the provisions concerning the formation of plans established in the special law and determined by the Regulations for its execution.

(Article 59 of the Law.)

ART. 77. The projected schedules of rates which the petitioner proposes to establish for the use and profit of the work shall be submitted by the deputation to a public investigation, in which, for at least a period of ten days, there shall be heard claims of all those who consider themselves interested. After hearing the petitioner as to these claims, and lastly the Municipal Councils of the districts in which the work is to be executed, the Chief of the service of provincial works and the Chief Engineer of the province shall be heard.

When the proceedings are thus closed, the Provincial Deputation shall decide as to the granting thereof by means of a resolution, which shall be published in the Gaceta of the Island.

In this resolution, in the proper case, shall be inserted the essential conditions of the concession, which shall be those stated in the general Law of Public Works, and in Article 28, Chapter II, of these Regulations, for concessions of works in charge of the State.

From the resolution of the Deputation, in the proper case, the petitioner may appeal to the Colonial Secretary in the manner provided by Chapter IV of the provincial law in force.

(Articles 59 and 60 of the Law.)

ART. 78. When the concession is granted and the proper guaranty is given, the concessionaire shall execute the works in strict accordance with the stipulations, and under the supervision of the technical officials of the Deputation and the inspection of the State Engineers. The concessions shall be forfeited in the cases prescribed in the conditions, and shall be declared, if there be proper reason for it, by the Deputation, after previous proceedings, in which shall be heard the interested party, who shall reserve the right of appeal to the Colonial Secretary from the resolution of said corporation.

In case an appeal is made, the Colonial Secretary shall decide, after hearing the Consulting Board of Roads, Canals, and Ports, the concessionaire having the right to appeal from this decision by means of the administrative litigation.

(Articles 8, 65, and 68 of the Law.)

ART. 79. The consequences of forfeiture and the proceedings which have to follow shall be those which are provided by Chapter II of these Regulations for similar cases in works of the State, it being understood that the appraisal of the works provided for by Article 30 shall be made by the expert agents of the Province, investigated by the Chief Engineer and approved by the Deputation, with the right of appeal to the Government in cases of disagreement between them. (Articles 69, 70, 71, and 72 of the Law.)

ART. 80. When there shall have been presented two or more projects for the execution of the same work, within the period of thirty days, counting from the time in which the first petition was presented, the comparison referred by Article 76 and other investigations of the proceedings, shall be made in connection with all the projects presented, making a note of the advantages or disadvantages of each In this case the Deputation shall select for the granting of the

one.

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concession the one which, in its opinion, offers the greatest advantages.

(Article 62 of the Law.)

ART. 81. In case there should result from the investigation an equality of circumstances between the projects presented, the Deputation shall resolve to proceed to a public auction, on the basis of the proper project, in accordance with the provisions of Article 34 for the concession of State works.

The appraisal of the project which shall serve as the basis of the bids shall be made by two experts, one named by the Deputation and the other by the petitioner, the third being named by both parties, and, in case of disagreement, by the proper judicial authority.

The appraisal shall be made on the basis designated by Article 35, and shall be submitted for the approval of the Deputation, which shall decide, after first hearing the expert in charge of provincial works.

(Article 63 of the Law.)

ART. 82. The bidding shall take place before the Deputation, and shall follow the similar rules established for this purpose in Articles 36 and 37, the President of the Board having the right to declare who is the best bidder, saving the approval of the said Corporation.

The author of the project which shall serve as the basis of the bidding reserves the right of preference on equal terms, and that of receiving the value of his project, according to the appraisal, in a similar manner to the provisions of Articles 38 and 39 of these Regulations.

(Articles 63 and 73 of the Law.)

ART. 83. When an individual or a company asks for the concession of a work included in one of the plans of the province, with subsidy or aid from the funds of the same, in so far as the presentation, proceedings, and approval of the project are concerned, the provisions of Articles 74, 75, and 76 of these Regulations shall be observed and concerning the schedules for the use and benefit of the work, it shall be subject to the investigation prescribed by Article 77.

Thereafter the appraisal of the project shall be made, which shall be carried out as provided for this purpose by the rules established in Article 81.

(Articles 76 and 77 of the Law.)

ART. 84. In the case in which the Deputation shall have approved the project, the rates, and other documents of the proceedings, and provided that the petitioner accept the modifications which it may have been deemed convenient to introduce into them by reason of the result of the investigations, there shall follow the granting of the concession which is within the power of a provincial Corporation, after public bidding, at which the approved project shall serve as the basis, and which shall take place before said Corporation, in a manner similar to that provided in Articles 43 and 44 for the cases of works of the State.

In the same case the author of the proposal whose project shall have served as the basis of the bids has the right of preference on equal terms, and to the payment of said project, in accordance with provisions similar to those set forth in Article 45.

(Articles 78, 79, and 80 of the Law.)

ART. 85. The guaranty shall be deposited in the depository of the Deputation, following in all respects the provisions of Article 46 of these Regulations on this point.

Article 47, concerning modifications in projects, and Article 48, concerning forfeitures, which in this case shall be declared by the Deputations in the form and with the same rights of appeal as those set forth in the second paragraph of Article 78, and the provisions of Article 79 are also applicable to concessions subsidized with provincial funds. Article 49, concerning extension for the termination of the works, and Article 50, concerning the interruption of the operation, are also applicable to the case referred to in the present article.

Articles 81, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, and 93 of the Law.)

ART. 86. When there shall have been presented two or more propositions to execute a provincial work with subsidy within the time expressed by Article 80, the provisions of said article shall be applied for the selection of the project which shall serve as the basis of the bids, proceeding to the appraisal of said project, and thereafter following, for the carrying out of the bidding and subsequent proceedings, the rules established in Article 82 of these Regulations.

(Article 79 of the Law.)

ART. 87. When there shall have been executed, at the expense of the Deputation, a work which may be the subject of a profitable operation, this operation shall be carried on by contract, the concession thereof being awarded to the best bidder. The bidding shall take place in all respects in accordance with the provisions of this chapter for concessions of works without subsidy, and there shall serve as a basis for the bidding the schedule of rates made by the Deputation and approved in the manner indicated by Article 65.

If the provincial Deputation should request the operation referred to in this article, the proper proceedings shall be instituted, in which the Chief Engineer, the Governor of the Province, and the Consulting Board of Roads, Canals, and Ports shall report concerning the propriety of the petition, in view of which the Colonial Secretary shall decide what he may deem proper.

(Article 38 of the Law.)

ART. 88. The officials or technical employees of the Deputation shall carry out the duties which belong to them for the works which are executed and operated in accordance with the stipulated conditions, and shall exercise the proper supervision, in order that the concessionaire shall not receive the subsidy except at the times and in the manner provided for by the conditions.

(Article 82 of the Law.)

ART. 89. The Colonial Secretary shall have the final decision concerning the approval of projects, granting of concessions, declarations of forfeiture, and, in general, concerning all the proceedings relative to the construction of provinical public works in which the interested individuals or Corporations may consider themselves prejudiced by reason of the resolutions of the Deputation, and may desire to make use of the right of appeal in accordance with the provisions of the general Law of Public Works.

(Articles 8 and 16 of the Law and Chapters VI and VII of the same.)

ART. 90. The provisions contained in Chapters II and III, which refer to concessions of works of the State, and which have not been expressly mentioned in the present chapter, shall be applicable to concessions of provincial works, with the modifications required by the various cases, the questions which may arise in this connection concerning the application of these regulations being decided according to the spirit of said provisions.

(Articles 6 and 7 of the Law.)

TITLE THIRD.-MUNICIPAL WORKS.

CHAPTER VI.—Projects and the execution of works by ordinary

contract.

ART. 91. Local roads, the supply of water, local ports, and the drainage of lakes and marshes of merely municipal interest, are in charge of the Municipal Councils, in accordance with Article 6 of the general Law and the special laws of Public Works.

The plans of the works of the Municipal Councils shall be made in accordance with the provisions of the Regulations for the execution of the special laws of Public Works.

(Articles 6, 11, and 44 of the Law.)

ART. 92. The order of preference stated in the plan of the Municipal pal Council for the execution of the work can not be changed except by virtue of a proposal, giving reasons therefor, by the Municipality, which shall be duly approved by the Governor, after hearing the Provincial Deputation and the Chief Engineer.

(Article 44 of the Law.)

ART. 93. When a Municipal Council decides on the execution of a work included in the plan of the Municipality, the proper project shall first of all be made. This project shall be drawn in accordance with the terms then in force, and once drawn shall be presented to the Governor for approval, who shall grant it only after hearing the Chief Engineer of the Province.

The Governor, when works of great importance are in question, or when he is not satisfied with the opinion of the Chief Engineer, shall submit the project for the approval of the Colonial Secretary, who shall, before granting it, hear the Consulting Board of Roads, Čanals, and Ports.

After the project is approved, the Municipal Council shall include in the Municipal budget the corresponding credit to carry out the work.

(Articles 18 and 44 of the Law.)

ART. 94. After the project of a municipal work has been approved, and the proper credit incorporated in the budget, its execution shall be proceeded with by the method of management or contract, as shall be decided on by the Municipal Council, after hearing the expert who shall have drawn the plan.

If the work shall be carried out by management, it shall be directed by said expert in accordance with the instructions in force for municipal works. In case it shall be done by contract, the public bidding in the manner analogous to what is prescribed by these Regulations for the works of the State and of a Province, is an indispensable prerequisite.

(Article 48 of the Law.)

ART. 95. When a work not included in the plan of a Municipality is in question, there shall first of all be made the project by the expert to whom the Municipal Council shall have deemed it convenient to intrust this work.

When the project is drawn it shall be submitted to a public investigation at which shall be heard, within the time which for this purpose is designated by the Municipal Council, all individuals who desire to make any claim concerning the propriety of the execution of the work.

After this investigation is had, the Municipal Council shall send the proceedings to the Governor, with its report concerning said claims, and said authority shall decide what may be deemed expedient, after hearing the opinions of the Provincial Deputation and the Chief Engineer. When the nature of the work requires it, he shall also hear the Marine Authority or the Military Authority, the Provincial Board of Health, and the Board of Agriculture, Industry, and Commerce, as the case may be.

From the decision of the Governor, the Municipal Council may appeal to the Colonial Secretary who, after hearing the Consulting Board of Roads, Canals, and Ports, shall decide without further re

course.

(Article 46 of the Law.)

ART. 96. When a work which is to be executed affects two or more Municipal Councils, the decision concerning the proposal of preference indicated by Article 92, or the approval of the project referred to in Article 93, or the other points indicated in Articles 94 and 95, can not be made unless the interested Municipal Councils shall have come to an agreement, and unless they have before them the complete project.

If there should be any difference of opinion between the said Municipal Councils, the Governor shall decide, after hearing the Chief Engineer and the Provincial Deputation, the Municipality which may have considered itself prejudiced having the right of appeal to the Colonial Secretary.

(Article 46 of the Law.)

ART. 97. For the construction of public works of any kind Municipal Councils may call for the personal aid of the inhabitants whenever the ordinary revenues, or any other income devoted to such objects, shall not be sufficient. The Municipal Councils in such cases shall follow the provisions of Articles 71 and 75 of the Municipal Law of May 24, 1878, and the other provisions in force concerning

this matter.

ART. 98. Municipal Councils may impose special taxes for the use and profit of the works which are executed and which are the subject of profitable operation. The amount of taxes shall be proposed by the Municipality in each particular case, submitting its proposal to the Governor, who, with his report, shall submit it to the Colonial Secretary, who shall decide, by Royal Order, concerning the approval of the proposed tax, communicating the proper instructions for its application to the work in question.

(Article 27 of the Law.)

ART. 99. The work of preservation and repair of existing works in each Municipality shall be paid by the credits previously and neces