Section 2
SEC. 2. Section forty of Act Numbered One hundred and eighty-three, entitled "An Act to incorporate the city of Manila," enacted July thirty-first, nineteen hundred and one, is hereby amended by abolishing the two municipal courts therein provided for and substituting therefor one municipal court with territorial jurisdiction embracing the entire police jurisdiction of the city, and with exactly the same powers and duties in the exercise of its jurisdiction over the whole territory within the police jurisdiction of the city as the two existing municipal courts have heretofore exercised within the limits of their respective territorial jurisdictions. All the provisions with respect to the processes, procedure, rights of parties, and jurisdiction, except territorial, of section forty shall be and remain in force, so far as the same are or can be made applicable to one court instead of two, with respect to the new court, except as hereinafter specifically amended or modified. The duties and powers which appertain to the executive officers of the city or the Insular Government, with respect to the two courts created by section forty, shall hereafter appertain to them in respect to the single court now substitute for the two existing courts. The Civil Governor, by and with the consent of the Commission, shall appoint a judge and clerk for such new municipal court, and a vacancy occurring in the clerkship, after the first appointment, shall be filled under the provisions and restrictions of the Civil Service Act. A temporary vacancy in the office of the judge, occasioned by sickness or absence, shall be filled by appointment by the Civil Governor. It shall not be within the power of a defendant in the municipal court in a case triable in that court to demand a preliminary examination, except a summary one, the extent of which shall be within the discretion of the court, to enable the court to fix the bail, in any case where the prosecution announces itself ready and is ready for trial within three days, not including Sundays, after the request for a priliminary examination is presented to the court. In cases triable only in the Court of First Instance in the city of Manila, the defendant shall have a speedy trial, but shall not be entitled as of right to a preliminary examination in any case where the prosecuting attorney, after a due investigation of the facts, under section thirty-nine of Act of which this is an amendment, shall have presented an information against him in proper form: Provided, however, That the Court of First Instance may make such summary investigation into the case as it may deem necessary to enable it to fix bail or to determine whether the offense is bailable.