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I —3 -I;' t~.' ~;:~',,,r:?~ ~: -II:. -: * *,d .~*~~-;": ~- '-~ I-:;~y,r ~: ~I ~:1" *-I" -E r_ ~iE 1 s-r — i~ ~~.I*; *' ~' ~: ~~l —r-r~ i F-.. ~ ~:"~:*;~i — ~~-~ i-Ehl.. —i, 1;~i-_ V~::- i -Y % 1. ~~P.~: '* * ~~lr._k" ~?'~i a'/.: ~~~ ~i~ i:r:"I r:.::..: ~~i~ C: ~a- ~~ i~ i~~ ~~ -1- : ~-,;* i~~-.~- i~ r~;-~ r:rZ -Z r " — ":,,, - -a-i,1 e Z ~P;.t_ . r~ ~ -;i7 rr~l 3 `"-;;~- I ~~.~i' 'lix r ~: \-Z I i nii ~r,i:i t~ ~:~:~ j"-;i; ~: ~~ ~~-i r~h -~,_ i 1 1.11;-~1~-;~~:;: 7;f::~. 24 '~ 2) 4 >1 4 -. 1* 4''' II I I, t - I'.' td'*^ ' " j V 7' An;: > - 1 -1i,,";,,.,.!z'.f..s'.10i - i. ':' I:..... 22 2,,,. j; E \,,.. i I '..' ', ' ';;1. k~~~~~~~~~t A I ~~~~GENERAL LIB3RARY, 0 I UNIV. OF MICtiI. MAR 12 1902 TRANSLATION OF THE GENERAL INSTRUCTIONS FOR DRAFTING?UBLIC IhWMENTS SUBJECT, TO? RECRD IN THE SPANISH COLONIAL PROVINCES, (1 8983.) -WAR 1')EPIRMET 1899. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1 89 9. TRANSLATION OF THE GCEN ERAL IN STRUCTI ONS FOR DRAFTING PUBLIC DOCUMENTS SUBJECT TO RECORD IN THE SPANISH COLONIAL PROVINCES. (1 8 9 8.) WAR I'il PAYYrPt1EN'I'. 1899. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1899. 1 r r ~t:~i.-\:~: I ~ ~' ~.;~: ~:: ~ ~~::;I;.:,,_~~~ -I~~:~ ~ ~..~-:..~..~ ~`..: t~:~.~.~.':.::a`' GENERAL INSTRUCTIONS FOR DRAFTING PUBLIC DOCUMENTS SUBJECT TO RECORD IN THE COLONIAL PROVINCES. 1893. PREFACE. The royal decree of August 13,1893, approves the new general instructions for drafting public documents subject to record in the colonial provinces, to be substituted for the instructions which were in force under the title, "For the provinces of Cuba, Puerto Rico, and the Philippines," and are inserted after the notarial laws. Although there are but few important changes introduced in the new instructions as far as their application is concerned, nevertheless we publish them here and they will be designated as Appendix VII of the notarial legislation of Cuba and Puerto Rico, and as Appendix IV of that of the Philippines. COLONIAL DEPARTMENT. ROYAL ORDER. MOST EXCELLENT SIR: His Majesty, the King, and, in his name, the Queen Regent have deigned to approve the annexed "General instructions for drafting public documents subject to record in the colonial provinces," ordering at the same time all judicial and administrative authorities and officers, as well as notaries, upon whom their fulfillment may devolve, to begin to observe the provisions contained therein from the day on which the mortgage law of July 14 last goes into effect in the island or islands governed by you. All of which, by royal order, I communicate to your excellency for your information and observance. May God preserve you many years. Madrid, August 13, 1893. MAUXA. To the Governors. General of Cuba, Puerto Rico, and the Philippines. 3 :::::::::::;::;; -::::;: -:;:::::::: _:::::::::::;::::~i::::::-i::i:::'l GENERAL INSTRUCTIONS FOR DRAFTING PUBLIC DOCUMENTS FOR RECORD IN THE COLONIAL PROVINCES. CHAPTER I. GENERAL PROVISIONS. ARTICLE 1. Judicial and administrative authorities and officers, as well as notaries, who certify documents for record will note therein, under their own responsibility, all the circumstances required, according to the mortgage law and its regulations, in order to record them on the property registers. ART. 2. The designation of every person appearing in any document or contract subject to registry will be made by stating his Christian name, his full paternal and maternal family name (although he may not be accustomed to use more than one of these), his age, whether married or single, profession, and domicile. If he should be known by a second name added to the first, this shall also be stated. ART. 3. When one of the parties to a deed or public document represents a partnership, public institution, or corporation, or acts as a legal representative, the right by which he represents them must be noted on the document, with an explanation of the name and the character of said representation, and the domicile and all other circumstances rela. tive to the personality of the representative, who shall subscribe the document in the name of the organization he represents. ART. 4. Officers and authorities shall see that in the documents to which they certify there shall not be omitted, nor expressed in ambiguous language, so as to give rise to error or to prejudice a third party, any of the following circumstances: First. The nature, situation, boundaries, and name and number, if there be such, of the estate to be recorded, or which is affected by the document which is to be recorded. The superficial area of rural estates will also be given; but that of town estates only when it appears on the documents presented or when the interested parties declare it. Second. The nature, extent, conditions, and liens of whatsoever kind of the document which is recorded, and also the amount involved if this appears in the deed or if the parties declare it. Third. The nature, extent, conditions, and liens of the property upon which the document to be recorded is based. 5 6 Fourth. The character and the date of the deed or contract which is being executed. Fifth. The Christian and family names of the person in whose favor the document is constituted or declared. Sixth. The Christian and family names of the person who transfers the ownership, or who constitutes, recognizes, or renounces the property subject to registry. Seventh. The Christian and family names of the person who actually owns the estate transferred, or the right transferred, modified, or extinguished. When the deed or contract is not recorded on account of some omission or mistake caused by fraud or carelessness on the part of the certifying officer, the latter will remedy the defect by making out a new deed at his own cost, if possible. Notaries shall, besides, indemnify the parties for any damage they may have caused them, within the terms prescribed by the mortgage law. ART. 5. In describing rural estates, their situation and boundaries shall be determined with the greatest exactness and detail. For this purpose the name by which the estate is known should be given, and if it formerly had aiy other name, both should be mentioned; the township and judicial subdistrict or place where it is situated should be stated; its boundaries should be described in relation to the four cardinal points, preference being given to those boundaries which are marked by natural or artificial lines, rather than the simple designation of the names of the owners of contiguous estates; reference will be made to the roads leading to the property, being described whenever this may contribute to determine them, and, finally, mention will be made of all other signs which may prevent confounding it with other estates. When the estate is in town, besides the name of the town and street, square, or place where it is situated, its number will be given; and if it formerly had a number which has been changed, both that and the present number will be given, and if it is not numbered at all, this omission shall be stated. If the group of buildings to which the estate belongs should constitute a block or square, the number of the latter will be given, and if the block is known in the town by any name, this will also be stated; the boundary lines on the left, right, and rear will be indicated, as well as any other circumstance important to be known, in order to distinguish it from other properties. ART. 6. When the area or extent of an estate has to be mentioned in a document, it may be done in the customary measures of the country; but there shall also always be stated the metric equivalents, and this will apply also if the parties are able to give only approximately the area or extent; and if they are not even able to determine the approximate area or extent, this fact will be stated in the document. 7 ART. 7. In every public document by which there is created, acknowledged, modified, or extinguished any property right having a recognized name in law, it shall be expressly mentioned, although the conditions stipulated by the parties to the document or deed may modify in some point the nature of the right, and give it more or less effect than that naturally appertaining to it according to law. ART. 8. In every deed or contract wlhich must be recorded, all liens or incumbrances on the realty must be mentioned in detail, for which purpose the officer certifying to the document shall not only carefully examine the titles in his possession, and those which are presented to him by the interested parties, but he shall also demand from them all documents they may have, which would show such liens or incumbrances. If any liens are found which have not been satisfied because the persons in whose favor they stand are unknown, or for any other reason, the parties to the document may insist on having this circumstance noted. In receipts for payment, cancellations of mortgages, and any documents which refer to others which are already recorded, and in which the incumbrances are noted, it will not be necessary to refer to them again. ART. 9. Certificates of judicial decrees, rulings, and judgments which have to be recorded, must contain the date on which each one of the litigants was notified, with a statement from the clerk of the court certifying that the time for an appeal has lapsed without one being taken, or, if one was taken, that it was disallowed. The same applies to judicial mandates if they contain any ruling which has to be recorded or noted on the record. The provisions of this article do not apply to judicial rulings, which according to the mortgage law and the law of procedure, must be recorded, whether or not they are final in character, or whether agreed to by the parties, or not. ART. 10. Where mandates are issued directing the entrance on the record of attachments, ordered in civil or criminal cases, the judges of courts shall fix approximately the amount of costs likely to be incurred, and the cost of the stamped paper likely to be used during the proceedings, in order that the claims of the State, and of court officials, may be secured against any third party, who may subsequently acquire a property right in the estate attached. ART. 11. Executory decrees which declare or recognize the ownership of real property, or any property right subject to registry, and those which modify the civil capacity of persons, which have to be recorded according to the mortgage law and its regulations, need not express in full all the details noted in the registry, unless they have some bearing on the point in litigation, in which case a clear and minute description of these details is indispensable. 8 ART. 12. A notary who authorizes a public document in which is declared or reserved some property right, in favor of a third party, who might be injured if the document were not recorded, shall carry out the provisions of the regulations for the observance of the mortgage law, and may demand the appropriate receipt from the register of deeds. This receipt will suffice to require the parties to the document to pay the legal notarial fees. ART. 13. In every public document subject to record, the officer certifying it should state, that if the document is not recorded it will not be effectual against a third person nor be admitted in courts or tribunals, the council of government, or Government bureaus, if it be presented there for the purpose of enforcing against a third person, the document which should have been recorded. This does not apply to the two exceptional cases comprised in article 389 of the mortgage law. ART. 14. Every document authorizing the cancellation of some registry or register's note, will be drawn in strict conformity with the provisions contained in titles 4 and 5 of the mortgage law and its regulations, and it will contain all the facts necessary, so that the record of cancellation may contain those designated in the said law. In all cases it will clearly set forth: First. The right which is totally or partially extinguished. Second. The name, status (whether married or single), age, vocation, and domicile of the person at whose request the cancellation is made, or whose consent is necessary that it may be validly made. Third. The legal authority by which said person acts, if he be other than the one in whose name stands the record which is to be canceled. Fourth. If the cancellation be only partial, the part of the real property disposed of, and the remainder, fixing its new boundaries, or, when necessary, the part of the obligation disposed of and the part remaining, always stating the cause of the curtailing of the property right. ART. 15. Officers who certify to deeds or contracts subject to record, and in which there is no consideration set forth, will fix the value of the property or the property rights to which they refer, whenever this value is found from the title deeds, or is indicated by the parties to the instrument. ART. 16. When, in case of deeds or contracts subject to record, the parties in interest neglect to present the documents which certify the ownership of the real property or property rights which are being transferred or encumbered, the deed will be specified, by virtue of which the real property or property right belongs to a certain person, in such case stating the liber and folio where such deed is recorded. This same provision will apply to writs of attachment against the property of a debtor. ART. 17. Secretaries and clerks of superior and inferior courts, notaries, and administrative officers, will send every three months to the register of deeds of the subdistrict, an index of judicial and other documents subject to record to which they have certified. 9 This trimonthly index will contain: The names of parties executing each document; The nature and date of the instrument or contract; The designation of the estate which is the subject of the instrument. The said indices will not include documents which have had to be recorded in registers of other subdistricts; but the various secretaries of inferior courts and notaries, shall give notice of such documents to the respective registers of deeds. CHAPTER II. TULES COMMON TO INSTRUMENTS CERTIFED BY NOTARIES. ART. 18. Public instruments shall contain all the general requisites of the law, especially of the notarial law and its regulations, as well as such details as may be required by each particular instrument or contract. ART. 19. Notaries shall clearly and concisely word those clauses of documents in which are declared the rights and obligations of the parties, avoiding any unnecessary formula. They will endeavor to follow literally the minutes of contracts and the verbal instructions which are furnished by the parties; but if they should notice any ambiguity, confusion, or lack of clearness, they will notify the parties thereof, suggesting to them the wording which, in their opinion. would better express the sense of what may have been stipulated. ART. 20. When the notes, minutes, or verbal instructions furnished by the parties for the drafting of the instrument or contract, fail to state some of the details which the registry should contain according to the provisions of the mortgage law and its regulations, the notary shall have the parties state such details; and if they will not or can not do so, he will relieve himself of responsibility by stating in the instrument that the parties, being informed of the advisability of such a statement, neglected to make it. The provisions of this article are to be so understood, that if the details omitted are necessary to the validity of the instrument according to the laws, the notary must refuse to draft and certify to said instrument. ART. 21. Notaries shall omit all clauses which do not create, exempt from, modify, declare, or alter in any manner some obligation or right recoverable in court, omitting therefrom relinquishment of privileges conferred by laws, when such laws may not be by their nature relinquished, or which, being relinquishable, the desire of the parties to relinquish such privileges is not clearly manifested; also omitting any other superfluous or irrelevant clause. ART. 22. Clauses will be drafted, duly separated into distinct paragraphs properly numbered, endeavoring to include in each one, such details as have some connection or analogy with each other. ART. 23. Notaries are prohibited from certifying any public instrument executed by persons whom they do not know, or without having 10 previously assured themselves of their identity by the declaration of two witnesses having such knowledge. ART. 24. Notaries shall state in every document that the parties have the legal capacity to perform the instrument or contract in question, which fact the notary will determine to his own satisfaction; it is not sufficient that he should record it in the instrument, relying solely on the declaration of the parties themselves. ART. 25. Persons who shall execute any instrument or contract subject to record, shall designate the place where all of the notifications, citations, and other judicial or extra-judicial formalities are to be carried out, the necessity of which arises from the said instrument or contract. ART. 26. Whenever property is alienated or hypothecated, which belongs to persons who have not the free disposal thereof, the notary shall assure himself that the requisites and formalities required by the laws have been executed, and he will cause this to appear in the document. The same formalities must be gone through with, when annuities (censos), mortgages, or other property rights which are constituted in favor of said persons are canceled. ART. 27. In every document by which the ownership of real property is alienated or encumbered, an express reservation will be made in favor of a legal mortgage, by virtue of which the State, the province, or the municipality, has preference over any other creditor for the collection of the last annual tax, which may have been levied and not satisfied by the said property. If the property is insured, a similar reservation shall be made in favor of the insurer for the premiums due for the last two years, if they are not paid, or of the last two assessments, if the insurance is based on a mutual system. ART. 28. In contracts in which there is a pecuniary or other valuable consideration, to the payment of which the notary does not certify, all renunciation of exceptions or favorable laws will be omitted, and in lieu thereof the notary will declare that he has notified the parties that, once the payment of said consideration is acknowledged, the estate or property right remains free of all responsibility by reason of the same, although at some future time it should be established, that the consideration is either wholly or partly unpaid. ART. 29. In deeds of gift the notary shall state, by way of warning, that they shall not be rescinded to the detriment of a third party, except for reasons arising from the document itself or from its record in the registry. When any gift of real property or property rights is revoked for any of the causes designated by the laws, the notary shall state that said revocation must be understood not to be detrimental to a third party who may have acquired and recorded the ownership of, or any right to, 11 said property. This warning will not be expressed when the revocation is founded on the donor's failure to fulfill some one of the conditions specified, for in such case it will prejudice the right of a third party, who may have previously acquired and recorded some title to the premises. ART. 30. Notaries who certify to instruments by which the ownership of rural estates, which are known in Cuba under the name of "haciendas comuneras," is transferred or encumbered, shall require the parties to state therein the actual situation, superficial area, and the boundaries of the real property, or of the part belonging to each part owner after the proper titles or deeds have been exhibited, in order that the purchasers may enjoy the benefits granted them by the mortgage law. ART. 31. No document shall be certified relating to the alienation of real property or property rights subject to pending conditions subsequent, except with the formalities and restrictions established in Title V of the mortgage law. ART. 32. In every document in which is stipulated some obligation, subject to conditions precedent or conditions subsequent, the notary shall state that he has informed the parties that the fulfillment of said conditions, when accomplished, will not be detrimental to a third person, if it is not made to appear on the registry. The notary will make, and state that he has made, a similar warning concerning amounts which may remain unpaid on account, or for the full payment of the selling price, or concerning the payment of differences in the exchange or award of payments. ART. 33. In every deed of sale of a part of an estate encumbered with previous mortgages, in which the purchaser wishes to enjoy the benefits stated in the second paragraph of article 112 of the mortgage law, it will be made to appear by means of the proper proofs that the portion of land sold does not contain any movable machinery, object, or building of any kind, with a concise statement also of the previous incumbrances which burden the entire estate, and also the said part of the estate. CHAPTER III. RULES CONCERNING INSTRUMENTS VOLUNTARILY CONSTITUTING MORTGAGES. ART. 34. Every mortgage, besides the details which are determined by these instructions, as a general rule, shall express the following: (1) The obligation, for the security of which said mortgage is constituted, endeavoring to describe it so clearly that there can be no doubt as to its nature and quantity. (2) The term, dates of payment, and conditions of said obligation, stating its maturity, with the utmost clearness and precision. 12 (3) The amounts for which the estate which is mortgaged is in any way responsible, in the manner hereafter indicated. (4) The rate of interest agreed upon, or a statement to the effect that the principal shall bear no interest. (5) The appraised value of the estate as fixed by the contracting parties, and the waiver of any new valuation or action with this object in view. ART. 35. No prohibitory clause shall be incorporated in any mortgage, forbidding the incumbrance of the mortgaged estate, with another and new obligation of the same or of different character. In the proper place it may be stated, that every subsequent mortgage has to be subordinate to the one now being made, it being understood that in case said subsequent mortgage should fall due before the maturity of the previous obligation, and the property be sold, the total amount of said previous obligation, together with the interest already due and that not yet matured, will first be deducted from the proceeds of the sale, and only the surplus shall be applied to the satisfaction of the mortgage fallen due. ART. 36. In drafting mortgages on an estate already encumbered by a previous mortgage, the notary shall warn the parties that, in case of the judicial sale to pay the first mortgage, if the property shall not bring on the foreclosure more than the amount of the first mortgage, it is understood that the subsequent mortgage shall be considered canceled in fact and in law, without prejudice to the right of a personal action against the debtor. ART. 37. Notaries shall not incorporate in any document, even if the contracting parties should demand it, a general clause, by virtue of which all the present and future property of the debtor is mortgaged, as security for the fulfillment of the stipulated obligations. ART. 38. Powers of attorney to mortgage property may be given, either limited to one particular estate or for all the properties the maker possesses, and in both cases, upon such conditions as the owner chooses to impose. Powers to cancel mortgages constituted in favor of the grantor of the power, shall be conferred in the same terms. ART. 39. Notaries shall not acknowledge any instrument or contract, which attempts to encumber properties which, according to the mortgage law, can not be mortgaged, or which can be mortgaged only with certain formalities and under certain restrictions, unless such formalities and restrictions have been complied with. ART. 40. Mortgages hypothecating buildings erected on another's land, shall necessarily contain a statement to that effect, besides the fact that said mortgage is limited only to the rights of the owner of the building, and shall not affect the rights of the owner of the land. In case of mortgaging superficial rights, pastures, waters, timber, or other similar real property rights, a statement must be made in the instrument, that the rights of the other participants in the estate are safeguarded. 13 ART. 41. The instrument by which estates in use are mortgaged, shall state that the mortgage shall be extinguished upon the extinguishment of said use, in case such extinguishment be brought about through some act independent of the will of the grantee of such rights; and that, if the use should be terminated by a voluntary act of the grantee of said right, said mortgage will be in full force, until the obligation secured by it be fulfilled, or until the time when such use would naturally have come to its end, if not interfered with by the act which terminated it. ART. 42. In an instrument mortgaging only the bare ownership of an estate, there must be stated the fact that as soon as the use shall be merged with the property right, the effects of the mortgage will be extended to the use, unless the parties shall otherwise stipulate, which stipulation must necessarily appear in the instrument. ART. 43. When railroads, canals, harbors, or other works of public utility with Government concession for ten years or more are mortgaged, there shall be incorporated in the instrument, all the facts required by the general instructions for the execution of the mortgage law, and, besides, the fact that said mortgage ends upon the termination of the concessionary's rights. ART. 44. In every mortgage contracted to secure a future obligation or an obligation subject to conditions precedent, recorded or to be recorded in the registry, the notary shall state that the mortgage will affect the rights of a third party, from the date of its record, in case the future obligation be satisfied or the condition be complied with. If the obligation thus secured be subject to a condition subsequent entered upon the registry, it shall be expressed in the instrument, that said mortgage shall be valid as against a third party, until the fulfillment of the condition appears upon the registry. ART. 45. In cases when a mortgage is given as security for a loan, the notary shall warn the parties that the interest upon such loan will not be protected unless it is expressed in the instrument, and then only for two years last passed, and for the part of the interest due during the current year. ART. 46. In all cases when a mortgage is given as security for a loan bearing interest, the notary shall state his having warned the creditor that he will have no right to recover by foreclosure, to the prejudice of the rights of a third party, more back interest than that equal to the last two years, and that part of the interest due during the current year, the right of a personal action against the debtor being reserved to the creditor, to demand the interest accrued during other years, or to ask for an increase of the mortgage. ART. 47. No instrument constituting a mortgage, annuity (censo), or investment of capital bearing interest shall be made out without stipulating therein the amount secured by the estate or the mortgaged right. When the amount to be secured is not fixed or liquidated, the notary shall request the contracting parties to fix the amount approximately, cautioning them that the sum thus fixed, will be the only extent of the 14 responsibility of the property, so far as the rights of third parties are concerned, the rights of a personal action against the debtor being, however, in all cases reserved. The foregoing provisions do not apply to.the instruments, the object of which is to record notice of an unliquidated agricultural loan, in which case the provisions of the mortgage law and its regulations shall be observed. ART. 48. Nor shall notaries certify to any instruments mortgaging various properties or imposing an annuity (censo) upon them, without indicating the part of the principal and interest, for which each piece of property shall be responsible. If the mortgage shall guarantee other pecuniary liabilities besides the principal, a statement to that effect shall be made at the same time, showing the extent of the liability of each piece of property. Notaries shall demand from the contracting parties, that they distribute the principal and interest among the encumbered estates if they have not previously done so, cautioning the contracting parties, and stating the fact in the instrument, that each property separately is not responsible, to the prejudice of the rights of third parties, for more than the amounts respectively assigned, reserving the creditor's right of action against any of the properties for the part of the debt which one of the other properties should not cover, if this does not prejudice the said rights of third parties, according to the provisions of the mortgage law. The same distribution should be made of the remaining fixed and determined pecuniary liabilities, which should be guaranteed by the mortgage, such as the payment of court costs and indemnity for damages in case of legal proceedings. ART. 49. In cases of instruments by virtue of which the purchaser of an estate, with the right of repurchase, mortgages the amount he should receive in case of resale, the notary shall state the obligation of the contracting parties to give notice of the mortgage to the seller, in order that if the estate be repurchased before the cancellation of the mortgage, the price will not be paid without the knowledge of the creditor, or without the previous order of the court. When the vendor of an estate, with the right of repurchase, mortgages the difference between the value of the estate and the sum he has to repay the vendee in case of resale, the notary shall caution the mortgage creditor that he will have no right to proceed against the mortgaged estate, without having previously repurchased it in the name of the debtor, within the time the latter has the right to do so, having advanced the sum of money necessary for the purpose. ART. 50. Assignments of debts secured by mortgages shall contain: 1. The Christian name, family name, age, status (whether married or single), and residence or domicile of the assignor, assignee, and of the debtor. 2. A true copy of the mortgage assigned. 15 3. The character and conditions of the debt thus assigned. 4. The amount of the assignment. a. The statement that notice shall be given to the debtor of this contract. Of every assignment of mortgage, notice to the debtor shall be given in all the cases, and with all the formalities prescribed by the mortgage law and its regulations. ART. 51. Every holder of a mortgage voluntarily made, can in his turn, mortgage this right, securing another obligation, according to the same law. Such instruments shall contain1. The Christian name, the family name, age, status (whether married or single), and the domicile of the contracting parties and of the debtor. 2. A verbatim copy of the mortgage that is being given as security. 3. The character and conditions of the instrument or contract which creates this new mortgage. 4. The amount of the sum thus secured. 5. The statement that this second mortgage depends upon the payment of the first. CHAPTER IV. GENERAL RULES AS TO THE MAKING OF LEGAL MORTGAGES. ART. 52. No legal mortgage shall be certified to, unless it be attested and admitted by the person having either the obligation, or the right to make it, according to the cases provided for by the mortgage law. ART. 53. The notary certifying to any instrument or contract made by a guardian, a dowry, matrimonial gifts, property to be set apart, or property belonging to minors, or any instrument or contract by virtue of which a given property is adjudicated to a widower or a widow in payment of the right of a surviving spouse, shall explain to the party in whose favor, by reason of the instrument, the rights of the legal mortgage are vested, if present at the time, his or her right to demand the execution of a sufficient special mortgage; and he shall explain to the party who is burdened with that obligation, if present at the time, the duty that the law imposes upon him to grant said guaranty, in a proper case, if he possesses mortgageable property. The notary shall also caution the interested parties, that as long as the mortgage be not executed and recorded, the rights of third parties recorded previously, will not be prejudiced. Besides, the notary shall state in the same public document, that he has conformed with all the requirements of this article. ART. 54. If the person in whose favor the legal mortgage mentioned in the preceding article is drawn, be a married woman, a minor, a ward, or a person without legal capacity, and a special mortgage be not executed, or if executed should be insufficient, the notary shall report the 16 instrument executed within the eight days next following to the register of deeds of the subdistrict, by means of an official communication containing a short statement of the obligation entered into, names, occupation, status (whether married or single), and the domicile of the contracting parties, and the reply which they have given to the notary's cautions in regard to legal mortgages. ART. 55. A proper legal mortgage may be constituted in every deed by virtue of which a dowry is created, marriage gifts are granted, or personal property distinct from the marriage portion (bienes parafernales) are given to the husband. In case no legal mortgage be constituted, mention must be made of one of the three following facts: That said mortgage will be constituted by a special instrument. That the married woman, being of age and possessed of a dowry, did not demand the corresponding dowry mortgage, although advised by the notary as to her rights in this respect. That the husband has made a declaration under oath, that he does not possess mortgageable property to secure the dowry, gifts, or personal property distinct from the marriage portion (bienes parafernales), accepting at the same time the obligation to mortgage the first real estate he may acquire. ART. 56. In every instrument by virtue of which there is granted a dowry, the amount of which is not determined, in personal property or chattels, the value of all the property shall be stated, mentioning the fact that its valuation is not made for the purposes of a sale, its only object being to fix the amount, the payment of which shall be secured at the proper time by a mortgage. ART. 57. In every instrument by which gifts are given to a woman by reason of her marriage, it must necessarily appear whether such gifts are given as an increase of dowry or not. To this end, the notary shall put the proper questions to the contracting parties, explaining their rights to them in each case: namely, in case the offer be made as an increase of the dowry, it creates a legal mortgage, and in case of the omission of the said statement, the gifts can be recovered only by a personal action. ART. 58. In each deed of dowry by virtue of which real property is being conveyed to the husband, besides the general details, there must be incorporated the following: 1. Whether the marriage has been agreed upon, or has been already celebrated, in the latter case stating the date thereof. 2. The Christian name, family name, the previous status (whether married or single), age, and residence or domicile of the wife. 3. Whether the amount of the dowry is fixed or not. 4. Amount of the dowry and the property constituting it. 5. The value of each estate and of all other property. 6. The statement that the title is conveyed to the husband subject to provisions of the law, but this only in case the amount of the dowry is fixed, and in case the value of the dowry be not fixed, the husband 17 is obliged to make restitution of such of the same real estate as may remain in his power at the time of the dissolution of the marriage. 7. A statement that the notary has explained to the wife her right to demand from her husband a legal mortgage, securing the restoration of her property not previously secured by mortgage, and to the husband his obligation to record the dowry, and to mortgage its real estate for its security, if its amount be fixed. 8. He will certify to its proper delivery in case it were made at the time, or otherwise, the declaration of having previously received the property, together with a verbatim copy of the documents certifying to such delivery, if made before the celebration of the marriage or within the first year following. ART. 59. The mortgage of the dowry, besides the details included in the foregoing article, and those that every voluntary mortgage must contain, shall also state the following: 1. The Christian name, the family name, and the representation of the person who demanded the execution of said mortgage, or a statement that the husband has voluntarily executed the mortgage. 2. A short account of any judicial proceedings which may have been instituted in the premises, with a verbatim copy of the judgment. 3. A declaration from the person who possesses a legal right to make it, that the mortgage is deemed sufficient, and the agreement to accept it. ART. 60. The deeds increasing the dowry shall conform in regard to their wording to the rules established in the preceding articles for the dowry instruments. ART. 61. Every public instrument by virtue of which there is being acquired property to be set apart, shall necessarily state this fact, and also that the grantee has been cautioned as to his obligation to secure by mortgage the title and preservation of said property. The notary shall besides give notice to the register of deeds, in the manner provided by article 54 of these regulations, if the person having the right to the mortgage, be of age. ART. 62. The mortgage for securing property to be set apart shall be executed in the proceedings as provided for by the mortgage law and its regulations, and by means of an instrument which must be signed by the person whose duty it is to secure the mortgage, if the latter be of age; and if not of age, it shall be signed by the person soliciting the execution of said mortgage, and by the certifying officer. I The mortgage, having been thus drawn, must be approved by the judge who had charge of the record. I ART. 63. The instrument mentioned in the preceding article shall contain, besides all the details of the voluntary mortgage, the following: 1. The date when the father or mother contracted a new marriage, or the date of birth of an illegitimate child, and in a proper case the date of the acceptance of the property by the ascendant referred to in article 199 of the mortgage law. 19408 -2 18 2. The Christian name and the family name of the deceased spouse, or that of the descendant in a proper case and the date of his death. 3. The names and the ages of each and every child or relative having a right to property to be set apart. 4. The title upon which said right is based. 5. The description and value of the property to be set apart. 6. The Christian name, the family name, age, and residence or domicile of the person who may have solicited the execution of the mortgage, if the father, mother, or ascendant shall have failed to do so voluntarily. 7. The statement whether or not the mortgage offered be sufficient, and in the latter case an affidavit that the father, mother, or ascendant does not possess other mortgageable property, together with an obligation of the above-stated persons to mortgage the first realty acquired. ART. 64. Every public instrument, by virtue of which a minor acquires property, the administration of which belongs to the father or mother, must necessarily state such fact, and also that the contracting parties have been informed of their duty to record said real estate in such capacity. In a proper case the father or the mother shall secure the remainder of the property by mortgage, if either should remarry. ART. 65. When the father or mother are parties to the instrument, by virtue of which a minor acquires personal property or chattels to be managed by the said father or mother, they may constitute in the same instrument, the mortgage that secures the preservation of the said property. ART. 66. Mortgages of property of minors shall state all the facts which a voluntary mortgage must contain, and also the following1. Age of the minor, and status (whether married or single). 2. The source from which the property comes. 3. Description of the property and its value, or the approximate value, for the purpose of executing the mortgage. 4. That the mortgage was voluntarily executed by the father or mother, or by virtue of a judicial decree, and at whose instance. 5. That the mortgage is or is not sufficient, and in the latter case the declaration of the father or mother that they do not possess other mortgageable property, together with the obligation of mortgaging the first real estate acquired. ART. 67. The mortgage arising from a guardianship shall state, besides the fact of the voluntary mortgage, the following: 1. The Christian name, family name, age, status (whether married or single), occupation, and the residence or domicile of the guardian. 2. The name of the person who appointed him. 3. The order making said appointment and its date. 4. The character of the guardianship. 5. The fact that there has been no exemption from the obligation to give bond, or that although there was such exemption, the family coun cil had deemed it necessary to demand it. 19 6. The amount of the principal, income, and benefits belonging to the orphan or a person without legal capacity, separating the part consisting of real estate and that consisting of other property. 7. The amount of the bond required. 8. The list of the real estate offered as security, the value of each, and their incumbrances, and the deeds of the last transfer, with reference also to the title deeds and certificates of the registry, and of such appraisements as may have been made. 9. The execution of a mortgage, for the amount of the bond as fixed, and the designation of the amount for which eah estate is mortgaged, according to the apportionment that may have been made. 10. Copy of the resolution of the family council approving the bond. FINAL DISPOSITION. ART. 68. Officers violating any of the provisions contained in these regulations, shall be called to account and punished by their immediate superiors, in accordance with the laws and regulations, and at such time as the commission of said violation may come to the knowledge of said superiors. Notaries will besides be subject to the responsibility imposed by article 22 of the mortgage law. Approved by her Majesty. (Signed) MAURAm Madrid, August 13, 1893. TR"ANSLATON. MAR 19 190? COMPILATION OF THE ORGANIC PROVISIONS OF THE ADMINISTRATION OF JUSTICE IN FORCE IN TilE SPANISH COLONIAL PROVINCES, AND APPENDICES RELATING THIERETO. (1891.) WAR DEPARTMENT, DIVISION OF CUSTOMS ANI) iNSULAR AFFAIRS. J uly, 1899. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1899. lar: ~ -` ~- "Y:P; e ~~:1~: ~ ~;~ "tr. Y ~~ ~I r T~ -~~ ~,~ ;x?~ r, ~, ~,I~ *1~~ Itr~ r~... r ~ ~.i - ~;:~ ~.; " "::~~;. ~;~~ I rl~: ~I I ~ ~ *. "rixi ~., ~:~i:r ''' -~ ~:;~i ~i ~ t:::~ii~ "~:" '-~ i~":~~;~i~ u ~ ~ ~ ~ ~~ ~~~, a~.: I ". " ~ a ~~i ~ I~?: ~ ~b~;;;u"; "', i ":I."r~~; ~I:~ i;.* .~~ -i~ 1 i'i:""- 'i *~:~~ 1; 1.17~1 "*"' '',, nB-"' '' ii' i,,,;, ~P;'~' ~, ''~; ~: i- r~~:~ i L":;;V-':,"' ~r:*; i~:~.rn:i:ib),,;.~:i:~~.:~ ~:;~i y.:r~, '~"i~1-;- li~...L.:I.i.- -- t_;~,-:.;~~~" $:.rr. 2: i':5 ~ *1 "-,~ir~:~:-11-.~ ~c., *r:w;ij~ " Ir~ ~~~-~r~~::;i y. -',:Cz~IFW ~~~-'~ il ~r,~: -~ .1ck 4. -7'+c,,K<~_ -7~ ~~ A i Jj \ TRANSLATIfON. COMPILATION OF THE ORGANIC PROVISIONS OF THE ADMINISTRATION OF JUSTICE IN FORCE IN THE SPANISH COLONIAL PROVINCES, AND APPENDICES RELAi'TING- THlERETO. ( (1891.) WAR DEPARTMENT, DIVISION OF CUSTOMS AND INSULAR AFFAIRS. July, 1899. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1899. 7f~ 7 1r 7.-11 "I ~,'- - I i I I r, " r' - " -r... " ", 7, ~.. ~ -~? INTRODUCTION. The legislation relating to the personnel of the administration of justice in the colonies and to the organization of its courts is so extensive, so varying, and so contradictory, that a full review of the subject, no matter how succinctly made, would require much more space than the limits of the present volume permit. We have, therefore, been obliged to confine ourselves to some of the more essential laws, which may serve as a preparation to the study of the modern compilation. The first source of the law appears in the compilation of laws of the Indies, which established numerous provisions referring to the various officials administering or assisting in the administration of justice; but as practical needs went on demonstrating the deficiency of this compilation, new partial provisions were published from time to time, some by the department of grace and justice, until 1851, when the colonial department (Ministerio de Ultramar) was created; the litter issued some more provisions; and not a few were decreed by the governorsgeneral of our possessions, as well as by the regents of the audiencias. In this way a confusion of legal texts bearing on the matter was created, so that it is difficult to classify them systematically, as they are too numerous to be mentioned in full. For these reasons, we mention only the most important provisions, in their chronological order. The royal instruction of June 20, 1776, given to the regents of the audiencias of the Indies, contained various rules on the administration and attributes of audiencias and the manner of filling vacancies; the Real cedula (royal letters patent) of February 27, 1796, approved the statutes of the association of court clerks (colegio de escribanos) of Habana, and another, of April 16, 1815, provided for the formation of the list of the escribanos (court clerks) to reside in Cuba; and the circular one of November 10, 1818, established the annual distribution of commissions among the oidores (judges who hear pleadings and decide suits in audiencias). On June 19, 1831, a Real cedula established the audiencia of Puerto Rico and six mayoralties (alcaldias mayores), and approved the division of that island into judicial subdistricts; another cedula being published on January 29, 1833, ordering the fulfillment of the royal decree of the 18th of the same month re-establishing law 2, title 6, of partida 3,1 which fixes the age of seventeen years as the minimum for practicing law. 'Partida 3. Part of a code of Spanish laws compiled by the direction of Alfonso X, called "Las Siete (seven) Partidas." 4 From among the measures promulgated in 1835 we shall only mention the "carta acordadac" of the supreme court, dated January 9, communicating the provisions of the royal decree of December 23, 1834, on administering the oath to regents, secretaries, and fiscales (public prosecutors); the Royal decree of January 27, communicating to the government of the Indies, for fulfillment, the Real cedula of November 27, 1832, which provided that admission to the bar (colegios de abogados) of the Kingdom should be open to all lawyers making application; the regulation of November 26 for offices of notaries public (escribanias publicas) of Habana; and finally, the orders published on December 20, 1835, for the audiencias in Spain were extended to the colonies, to be observed in so far as they did not conflict with colonial legislation. On May 5, 1858, a royal decree approved the by-laws for the government of tile bar in Cuba; the royal order of August 22, of the same year, extended to Cuba the royal decree of the 16th of the preceding June, creating an:audiencia in the capital of the islanl, this audiencia being afterwards given the name of 'l pretorial7" and colisidered superior in rank to the other territorial audiencias of our Antilles and possessions in the Philippines, and on September 26, 1839, the said audiencia was declared competent to appoint judges of inquiry (jueces pesquisidores). In order to regulate representation in court, the regency of the Kingdom, by a decree of February 26, 1842, created two offices of solicitor (procurador) ill every seat of a judicial subdistrict in Puerto Rico, issuing rules for filling the same and ordering the preparation of the correspondingl regulations and schedules of fees; and in the next year the auto accordado2 of October 5 approved the by-laws for the Colegio de Escribanos of Santiago de Cuba, in conformity with what was done in 1835 for those of Habana. The state of disorganization of the mayoralties inl the Philippines caused the publication of the real cedula of October 3 1844, relating to the reform and reorganization of the judiciary in the said islands; while in the next year, among other less important measures, there were published the royal decree of February 25, approving the by-laws for the Association of Public Solicitors of Habana, and the royal decree of July 24, creating several mayoralties in the island of Cuba, and fixing the salaries for each of the three categories, viz, entrance, promotion, and final, into which the same were divided for this purpose. Subsequently there were published the royal order of February 2, 1846, explaining the rules governing the seniority in service of the oidores; the auto acordado of the audiencia of Habana, dated April 19, 1847, establishing rules for discharging the office of solicitor; the real Carta acordada: Letter froml a superior to an, inferior court, with secret orders or instructions. 2A decision of the supreme court to be observed as a precedent. 5 cedula of June 27, of the same year, ordering the observance of the royal decree of the 24th of the same month, which organized the alcaldias mayores in Puerto Rico; the royal order of October l, of the same year, ordering the formation of graded lists, fixing the seniority in service of judicial officials, which royal order was declared by another royal order of December 6, 1849, as not retroactive; the royal order of April 3, 1848, which provided that applications of associate justices and judges to contract marriage should be submitted with a report of the Governor-General and of the regent of the audiencia and presented with the consultative vote of the Real acuerdo, and the royal order of February 6, 1849, providing that audiencias should make report of the officials who did not return to their duties at the expiration of their leaves of absence. In 1851 many provisions of great importance were published, such as the Real cedula of January 20, ordering the enforcement of the royal decree of January 10, which established the precise conditions required to serve as advisors (asesores) to judges, and the forms and conditions necessary in filling vacancies in alcaldias mayores, according as to whether the places belonged to the entrance, prolnotion, or final category, and the royal decree of March 7, establishing rules governing applications for places in all the categories of the magistracy, the judiciary and the department of public prosecution il common law, and for suspensionls, transfers, and retirement of the said officials, which decree established in its article 5 tle various categories of the judiciary and of the department of public prosecution, and in article 9 the incompatibility of the same and ordered in article 12 the publication in the Gaceta of the decisions referring to the personnel, and in article 13 the formation of graded lists for all the categories. Various provisions of interest were also published in 1854, of which the following are worthy of lmention: The royal decree of January 27, reorganizing the alcaildas mayores in the Philippines; the royal decree of February 1, 1854, declaring the seniority in service, and precedence of the associate justices of the audiencia of Madrid and of the presidents of chalmbers of the other audiencias, who had been transferred as oidores to the pretorial one of IHabana; the royal order of the 17th of the same month, ordering the application to Cuba of tile regulations of October 14, 1852, as to the record of reports and on the manner of imposing correctional penalties on audiencias and inferior courts; the royal decree of March 15, creating in Cuba the offices of abogados fisc ales and abolishing the offices of agents of the department of public prosecution, and, finally, the royal order of July 31, on tile substitution of abogados fiscales in cases of leaves of absence, vacancies, or sickness. Notwithstanding this large number of provisions, great needs were noticeable in this important branch of legislation, and in order to fill i lboyadol fiscal. Official of the depairtulent of public prosecution next below in rank to tentic. te fiscal. 6 these needs and at the same time to uniform the precepts which had to be observed, a very important Real cedula was published on January 30, 1855, issued for the purpose of doing away with inveterate abuses and correcting illegal practices. It contained 12 chapters treating, respectively, of local judges, of ordinary subdistrict judges, of royal audiencias, of the supreme court of justice, of jurisdictions, and of special superior and inferior courts, of the powers of tribunals in matters of administration, of auxiliary offices and officials of the tribunals and judges, of the department of public prosecution, of challenges, of sentences, of appeals in nullity and cassation, and of liability and correctional penalties. This Real cedula, which ceased to be in force first in Cuba and Puerto Rico and afterwards in the Philippines, was modified or supplemented by numerous provisions on the administration of justice in the colonies, of which the following may be mentioned: The royal order of the 1st of the following August, which extended to the colonial possessions the orders of August 29,1843. November 14, 1853, and January 9,1854, on the apparel and insignia of associate justices, judges, and officials of the department of public prosecution, and the royal order of August 19, 1855, establishing the judicial division of the island of Cuba. In the period intervening between the last year above cited and the year 1875, when by the royal decree of April 12 a complete reorganization of colonial courts and tribunals was effected, the following measures, as of greater interest, deserve to be recorded: The royal order of January 17, 1857, increasing the salary of promotores fiscales; I that of March 30, 1858, creating the office of secretario de acuerdos 2 in the audiencias of Habana, Puerto Rico, and Manila, the duties of which had formerly been performed by the court notaries (escribanos de cdmara); the orders issued in the same year by the regent of the first of the above-mentioned audiencias on the registry of rulings (providencias) and books of assignments and secret votes; the royal decree of October 1, increasing the personnel of the audiencia referred to above; the royal order of the 3d of the same month, ordering that associate justices discharge the duties of assistant auditor and, provisionally, the duties of auditor in case of vacancies; the royal order of the 3d of the following December, fixing the allowances of judicial reporters (relatorcs) in the Philippines: that of June 2,1860, prescribing the number of public clerks' offices (escribanias) in Puerto Rico, and establishing rules for filling the same; the royal decree of the 9th of the following July, reorganizing the chambers of the audiencia of Puerto Rico and of the audiencia of chancery of Manila; that of the 30th of the same month, on the organization of mayoralties in the Philippines; that of July 4, 1861, on the powers of colonial audiencias; the royal order of the folPronmotorfiscal. Official of the departnent of public prosecution, next below in rank to the abogadofiscal. 2 Secretario de acuerdos. Secretaries of sessions in batnc for the adoption of resolutions of general application. 7 lowing day, determining the personnel of the office of the Secretario del Real Acuerdo in the audiencia of Puerto Rico; that of October 1, fixing the salary of the employees in the office of the secretary of the audiencia of Habana; that of December 4, fixing the annual salary of regents of the colonial audiencias; and that of the 5th of the same month relating to the salaries to be paid to substitute promtotores fiscales. The royal order of March 20, 1862, regulated the granting in advance of leaves of absence to judicial officials and to those of the department of public prosecution in the colpnies; another of the 4th of the following June, provided that court clerks should prove their efficiency before obtaining the office. On July 20 it was declared that the public department should communicate with the colonial department directly; on November 26,1863, an allowance of daily salary was fixed for judges and other officials, when discharging their duties; the regulations of the peninsular audiencias, dated December 25, 1865, were extended to the colonial possessions; and many other measures were issued which are omitted here, in order not to prolong this review too far. Subsequentlyto the important reform accomplished by the royal decree of April 12, 1875, there were published: the royal order of February 22, 1878, which abolished the chambers of war and navy of colonial audiencias; the royal decree of May 23, 1879, fixing the number and the categories of audiencias, as well as provisions for filling offices in the judiciary and in the department of public prosecution; that of November 24 of the same year, giving to the civil chambers of audiencias the cognizance of matters arising from the suppression of the courts of war and navy, and of questions of competency arising between ordinary and military courts; that of July 20, 1882, ordering the observance in Cuba and Puerto RIico of the law of civil cassation, which remained in force until the publication of the law on procedure of September 25, 1885; the royal decree of June 22, 18833, abolishing the general probate court (juzgado general die bienes de difutos), which existed in the Philippines, and retlrnming to the ordinary jurisdiction the cognizance of matters which lhad been heard by the suppressed court; an important royal decree of Janualry 15, 1884, reorganizing the municipal courts in Cuba and Puerto Rico, and prescribing regulations for their operation; that of May 29!, 1885, on appointment of judicial and of public prosecution officials, which fixed the conditions for entering upon either of these careers, and for filling vacancies; and another of the same date, organizing the personnel of the auxiliary officials of superior and inferior courts for a more perfect enforcement of the law of civil procedure in the Philippines. The law of August 19, 1885, the principal object of which was to uniform the judicial and public prosecution careers in the Peninsula and in the colonies, before that time distinct and independent, determined the various categories, making them correspond with each other, 8 in order that the officials of the colonial possessions might be trans> ferred and promoted to the Peninsula, and those of the Peninsula might likewise be transferred and promoted to our Antilles and the Philippines. It provided that the conditions for entering on these careers in the colonies should conform with the provisions of the royal decree of September 20,1875, although it extended to the said careers the articles of the Additional Law of October 14, 1882, which establishes the order of succession in case of vacancies. It further provided that the secretaries of grace and justice, and for the colonies, in accordance with the orders of succession above referred to, and taking into consideration the organization of the tribunals in their respective departments, should fill vacancies which might occur with officials belonging to them, being permitted, provided they fill the conditions established in the said law, to appoint in the third or fourth rank those requesting a transfer or promotion. For promotion to the rank of associate justice of the supreme court (magistrado del tribunal supremo), treated of in Article 50 of the additional law, it made the associate justices of the audiencia of Habana equal to those of the audiencia of Madrid; it stipulated that in the future there would not be conceded any uniformity of career to officials of the department of grace and justice, and those of the direction of the same name in the department of the colonies, although respecting privileges previously acquired by those who had already been declared in the judicial or the public prosecution categories; and finally it extended to the colonies the provisions regarding incompatibilities prescribed in the organic law, excepting the judges in the Philippines, who, because of their office, in accordance with the laws there in force, would perform, besides the judicial functions, other proper duties, as long as the present organization in these islands should remain in force. As a complement to the provisions of this law, the royal decree of September 9 of the same year was issued prescribing that the orders of succession established in the royal decree of the 29th of the preceding May for the appointment of judges of the promotion and other categories superior to the latter, be subrogated to those established by the additional law of 1882, and that the department of grace and justice should formulate every year a single graded list of the judiciary and of the public prosecution career, including the officials of the Peninsula and of the colonies, in the order of seniority in their respective categories; for which purpose there should be forwarded to the same by the department of the colonies, in the month of January of each year, a list of officials of these colonial provinces, corrected to December 31 of the precedilg year. Subsequently the royal decree of February 26, 1886, was issued creating the audiencia of Cebfl, establishing the regulations for its organization, and fixing the limits of its territory, and that of the audiencia of Manila; the royal decree of December 26, of the same year, establishing rules for the preparation of the graded lists; that of February 25, 1887, reorganizing the board of codification for the colonial provinces; that of the 12th of the following August, extending to those provinces the law of June 18, 1870, for the exercise of the right of pardon; and that of July 6, 1888, establishing a board of revision for the proceedings of active officials of the administration of justice and for the collection of information concern- - ing the ability of those who thenceforth should solicit reinstatement in the judicial career, and in. that of public prosecution, which board wlas abolished by the royal decree of October 12, 1890; and the royal decree of July 10, 1888, ordering the publication in the Gacetas of Madrid, Habana, Puerto Rico, and Manila, of decisions concerning appointments, transfers, retirements with pensions, suspensions with salary (cesantias) of judicial officials, and those of the public presecution directly under the department of the colonies. The important royal decree of October 26, 1888, the main object of which was the organization of the courts of Cuba and Puerto Rico, for the cognizance of criminal causes in oral and public trial and in single instance, introduced conspicuous changes in the organization of the courts of our Antilles, prescribing for this purpose provisions concerning the establishment of new criminal audiencias and the territory under their jurisdiction; the power and organization of criminal, superior, and inferior courts; the conditions for admission and promotion in the judicial career and that of public prosecution; order of seniority; titles and salaries of the officials; and the separation of the civil from the criminal jurisdiction in the courts of the capitals of Cuba and Puerto Rico, in conformity with the provisions established in the Peninsula by the royal decree of July 11, 1887, for those of Madrid and Barcelona. This most important reform, inspired by a commendable intention to extend to the colonial provinces the oral and public trial with single instance before a collegiate court (tribunal colegiado), different from the secret examination system (clemento instructor), to thus facilitate a prompt participation of the accused in the preparatory steps of the real oral trial as a guaranty of its proln)t conclusion, to place in the hands of the citizen legal means of a legitimate defense of what is closest and dearest to him and wlhich should be most respected, to give to all an opportunity to assist to preserve public order, to respect innocence, and to punish crime, and, finally, to modify the penal procedure accordilg to the principles admitted by science as indisputable-this reform, we repeat, could not have been extended to the Philippines because the backwardness of culture in these islands, the difference in language of their inhabitants, their lack of clear notions concerning public duties and those of citizenship, rendered impossible for the present the application of a system based on publicity of evidence and liability manfully accepted and understood beforehand, coupled with the duty to assist the administration of justice at any cost and without restrictions. Another decree of the same date as the preceding one established the service of statistics of the administration of civil and criminal justice for the colonial provinces and possessions, on the samebasis on which 10 a similar legislation for the Peninsula had been promulgated in the decrees of March 18, 1884, and January 1, 1887. The royal decree of November 16, 1889, prescribed rules for filling the offices of court clerks in Cuba and Puerto Rico; the royal decree of the 28th of the following December established the rules to be observed for the appointment of substitute associate justices (magistrados suplentes); that of December 30 fixed the conditions regulating the filling of vacancies in the judicial and in the public prosecution careers, reestablishing for this purpose article 11 of the royal decree of May 29, 1885; and, finally, the royal decree of April 10,1890, which follows this preface, charged the board on codification for the colonies with the drafting of a plan of judicial organization. The royal decree of the 13th of the following October reestablished the uniformity of the legal officials in the direction of grace and justice in the department of the colonies who were deprived of this right since the publication of the law of August 19, 1885; on October 13, 1890, a decree-law was published regarding the admission, transfer, and promotion of officials of the general administration of state in those provinces, many of which provisions, such as those relating to the time set for embarkation, allowance for transportation, and to other ones, are applicable to the officials of the administration of justice; and on the 31st of the same month the regulations for competitive examinations for appointments as candidates (aspirantes) to the judiciary were published. The practical application of this accumulation of provisions, the mere enumeration of which is tiresome, was very difficult, and demonstrated the imperative and urgent necessity of compiling into a single set of laws all the precepts on the organization and government of courts. With this end in view, the Government first charged the committee on codes to draw up the proper project, and it subsequently inserted in article 25 of the colonial budget law for 1890-91 the necessary authorization to publish a compilation of regulations for the organization of courts by virtue of which the one bearing the date of January 5, 1891, was published. Neither the nature of this book nor its dimensions permit our mnaking a sufficiently thorough study of the new compilation, for which reasons we confine ourselves to making some observations on the new legal text as briefly as possible. It is immediately apparent that the greater part of its provisions are a literal copy of those in force in the Peninsula, and that where they have been departed from the principal deficiencies or imperfections are noticeable, as occurs, for instance, in the part referring to judicial irremovability, to which we shall refer later on. It is also surprising that the authors of the compilation, instead of including in its precepts the provisions of the law of August 19, 1885, regarding the transfer of the officials of the colonial possessions to the Peninsula, a measure of so great importance, should have omitted the same in the compilation altogether; and that they likewise refrained from 11 including the contents of the royal decrees of September 9, 1885, and December 26, 1886, referring to the formation of graded lists, and the royal decree of October 13, 1890, reestablishing the uniformity of the officials of the direction of grace and justice of the department of the colonies. Leaving out the subjects comprised in the organic law, which modern principles of legislation consider a proper component of the laws relating to judicial prosecutions, the authors of the compilation have accepted the structure of the former and followed the method of the same with only the indispensable modifications in those subjects in which it differs from the standard according to which that of 1870 had been drafted. The promotoresfiscales and the present organization of the courts of first instance and of the justices of the peace in the Philippines are retained, as oral trial and the single instance for criminal matters, now in force in Spain, Cuba, and Puerto Rico, could not as yet be extended to those islands, for reasons apparent to all; and modifying in this particular the law of August 19, 1885, it gives the category of judges of entrance or of promotores fiscales of the promotion category to the vicesecretaries of criminal audiencias, who formerly were of a grade equal to that of promotores fiscales of the entrance category. With regard to the substitute associate justices (m)agistrados suplentes), although it fixes the same requirements for obtaining appointments as are established in the additional law, this latter is departed from in the part in which the compilation provides, as did the organic law, that appointments shall be mnade for the judicial year instead of being of a permanent character, as they are in the first law cited, and in which it acknowledges the fitness for such places of the associate justices of local courts of administrative litigation. In so far as one of the most important matters of organization is concerned, namely, tha(t relating to admission and promotion in the career, the standard observed by the authors of the compilation is undoubtedly very strange; for, if their desire was that the officials of the colonies should be governed by the same provisions as those of the Peninsula, they slould arrange them conveniently and insert, them among the articles of the new set of laws, while the modifications which could be effected in the Peninsula in the future could easily be extended by Rloyal. decree to the colonial possessions; and as this systenm was not adopted, the authors having limited themselves in this important question to so vague a declaration, it happens that, after the publication of the decree-law, there exists the greatest confision concerning this point, and that the clear and explicit precepts of the Royal decree of October 26, 1888, have been substituted by many other provisions, in part contradictory and in part inapplicable to the officials of the colonies, as, for instance, the Royal decree of October 3,1889, which gives to those serving in the Canary and the Balearic islands preference to 12 being transferred to Spain, and article 23 of the budget law for the Peninsula, which concedes the right of entering as judges of the entrance category to secretaries and vice-secretaries suspended with pay, who may have filled these offices temporarily or permanently. Some other provisions in force in the Peninsula, as those relating to promotions on account of absolute seniority in the career, and in their rank according to specified merits of those enumerated in article 170 of the organic law, it is impossible to presume whether they shall or shall not be applied in the colonies, as not even there have graded lists covering the whole service in the career been published, nor does the compilation prescribe anything relating to special merits for promotions. In any case, we believe that for their application to the colonies it will be necessary to publish some supplementary provision. Regulations concerning announcements of competitive examinations for judicial positions, established by previous legislation, namely, by article 42 of the royal decree of October 26, 1888, were also modified in such a way that instead of being held annually, the examinations were held only when required by the needs of the service, the number of vacancies being taken into account. Instead of following in the part relative to incompatibilities the accepted standard in what refers to admission, transfer, and promotionthat is, instead of declaring the laws in force in the Peninsula to be applicable to the colonies, the authors of the compilation have preferred to establish in a limited manner, and with great accuracy, provisions on such an important matter which, in the Peninsula, are the object of articles 117 and 120 of the organic law and article 29 of the additional law, of tile royal decree of August 28, 1885, and of the royal orders of December 5, 1888, and February 14, 1889; the principal reform which the compilation contains in this poilnt, and which has for -.me time been demanded for the Peniinsula, being that of establishing that there is no incompatibility for an official in his native town, provided that his birth occurred during temporary residence of his mother and had so been declared, in order to avoid the really unjustified case of an official not being able to render services in the town of his birth, in view of his having resided there subsequently but a very short time. The serious defects in the organization of municipal justice established in the law of 1870 having been made evident by long experience, it was to be hoped that the compilation would modify this law in the manner considered most adequate to its ends. Notwithstanding this and the reform which seems about to be realized in the Peninsula, the authors of the new set of laws, being inspired by the standard of strict uniformity, have limited themselves tocopying the provisions of that law. One of the fundamental principles of a good judicial organization, which was established in Spain for the first time by the royal order of October 16, 1840, and which was sanctioned in a categorical manner by the law of 1870, is that of the irremovability of judges and associate justices; and this principle, whiclh has suffered many vicissitudes, up to 13 the point of being annulled in practice, and which in obedience to the imperative demands of public opinion and convenience has been reestablished in all its force by the important Royal decree of September 24, 1889, is accepted by all as necessary for the independence of courts, because it constitutes the firmest guaranty of its impartiality and rectitude. Notwithstanding this, the authors of the compilation, who have copied from the law of 1870 not only its structure but even the literal text of the greater part of its precepts, have ignored this guaranty; and without establishing this most important privilege of judges and associate justices, as was done in that law, they immediately take up in the correspondilg title the subject of transfer, suspension, discharge, and retirement of said officials, introducing at the same time a reform objectionable in all respects, but which was a necessary consequence of the system adopted, namely, that of substituting the provisions of the organic law devoted to the determination of the just causes for the dismissal of judges and associate justices by others which treat of the discharge of the same, and which, owing to their vague and undetermined character, may give rise to the abuses of the discretionary power of ministers of justice. We do not forget, in expressing ourselves in this way, the distinct political-administrative organization of our colonial provinces and possessions; rather, on the contrary, on account of these same circumstances; on account of the necessity to place the administration of justice on solid bases, which is the firmest guaranty of the respect of law and rights sanctioned thereby; on account of the advantage for public and private interests, inl cases where the judicial officials are shielded from arbitrary decisions and abuses of the central or local power; on account of the fact that the same requirements for admission should be required as are in force in the Peninsula; on account of the grave injuries which are invariably occasioned by a transfer without cause, especially when such distant countries and such costly and troublesome voyages are in question, we are of the opinion that the establishment of judicial irremovability in the colonies was absolutely necessary. Why has it not thus been done? This is a question we are unable to answer, as the authors of the compilation have not deemed it proper to state the reasons on which they have based their work. Another reform, established since the royal decree of October 26, 1888, is the separation of the civil from the criminal jurisdiction in the inferior courts of Habana and San Juan de Puerto Rico, as was done in those of Madrid and Barcelona by the royal decree of July 11, 1887, and the consequent creation of the offices of secretaries of examining courts (secretarios de instruccion) for the courts of this name, all the court clerks (escribanos), as a consequence of this new organization, being assigned to the courts of first instance. 14 With regard to recording clerks (escribanos de actuaciones), although the purpose of the compilation is to extend to the Philippines the provisions established for those of Cuba and Puerto Rico, taking into account that they will be inapplicable in some cases, it prescribes the necessary rules in order that in such cases the clerkships be filled by persons of acknowledged fitness for the discharge of the duties thereof; and with regard to attending witnesses (testigos de asistencia), an institution peculiar to our possessions in the Philippines, in spite of being contrary to the principles of organization which the decree-law inspires, it has been necessary to retain them in the compilation because of the imperative necessity of not leaving without assistance all those courts in which there are no recording clerks as yet. In treating of incompatibilities for practicing law, the compilation contains a precept which did not exist in the organic law, but which, however, is included in the decree-law, with relation to the employees of the colonies, namely, the one establishing that those who hold offices in the career of the general administration of State shall not be permitted to practice law. This incompatibility, which neither exists in the Peninsula nor can be justified by any reason, far from appearing proper to us, appears objectionable in every respect, as instead of placing obstacles in the way of those who go to accept positions in the colonies they should be given every opportunity to increase their emoluments in a worthy and honorable way, as would be the practice of a profession which is not closely or even remotely related with the service of the general administration of the State. We could make some other remarks, but we believe that those that have been stated are sufficient to give an idea about the new set of laws for the colonies, and the principal reforms which they effect. It remains for us, before concluding, to repeat an opinion which is upheld by many, and which gains strength daily. If in the colonial territories there govern, with few exceptions, the same provisions as in the Peninsula as to the organization of courts, and the same substantive laws and laws of procedure; if the judicial and public prosecution careers of the colonies and the Peninsula are united, why does this branch of the administration not pass to the department of grace and justice, whence it originated, and from which it should never have been separated? IAMON SANCHEZ DE OCANA. JANUARY, 1891. COLONIAL DEPARTMENT. ROYAL ORDER. As the precepts regulating the organization of tribunals of justice in the colonial provinces are dispersed among different legal provisions, are deficient in some points not embraced within the limits and scope of those partial provisions, and furthermore are frequently heterogeneous and often contradictory among themselves, owing their origin to distinct standards or responding to various exigencies of the moment, it is evidently advantageous, if not imperatively necessary, to gather and unify in one classified body all those which can be collected, harmonizing in the same all discrepancies which they contain, introducing such modifications as are suggested by the progress of science, the social evolution of those territories, the period of time which has elapsed, or which the lessons of experience may suggest, supplying the omissions that are noticeable in the scattered legislation in force, and forming, finally, a set of laws that would contain everything which refers to the organization and powers of those courts, while in the peninsula the law on judicial power, which is being prepared, is published and can be extended to the colonies with the indispensable modlifications required by the special conditions of those countries. Among the most important points which a set of laws of such a character should contain, the one which refers to the exact determination of the independence of the judicial power, within the limits of its sphere of action, should particularly be borne in mind. In order to maintain this independence the absolute irremovability of officials of the administration of justice is not necessary, a principle which, although formerly a d(ogima of certain schools, is at present an object of discussion and controversy among themselves, and the convenience of its application very doubtful, provided it is replaced by such conditions of stability that said officials find themselves protected and guaranteed against possible arbitrary decisions of the ministers, without Iannulling tle means of government which should be preserved by the central power. Collaterally with the principle of the independence of the judicial power should be placed the bases and the rules which render efficacious the liability of the officials whom society entrusts with the sacred mission of administering justice. This point is one of those in which the legislative power should give in a short time enforced satisfaction, to the requirements of science and to the demands of public opinion, by 15 16 defining and regulating this liability, either in the law of the organization of the judicial power or by adoptiig wholly or partially the proposition which was submitted to the Senate by one of the most illustrious members of the Committee on Codes, over which Your Excellency so worthily presides. A problem of such importance should not in the meantime be left unnoticed, and if perfection can not be attained under present conditions, at least provisional solutions should be sought which approximate the same as much as possible. The unification of the careers of the peninsula and the colonies being sanctioned by measures of a legislative character, the removal of all obstacles opposing this measure is of indisputable advisability for the practical realization of that useful provision, by facilitating to the colonial officials access to positions in the career in the Peninsula, if the former possess the qualifications required by law for filling these positions, and by creating at the same time incentives for those of the Peninsula to accept employment in the colonies, avoiding, however, the danger of converting these incentives into abusive means of securing rapid and unjustified promotions by leaving the present measure in force, prohibiting the admission of lawyers to the category of judges, based on the fact that the qualifications required by them do not offer sufficient guaranty of fitness for the discharge of the duties of such offices, and by determinilng the qualifications required of those who aspire to the fourtl grades or ranks in the magistracy (magistratura), in order that the latter should not become an irregular means of obtaining employment in the Peninsula with fewer qualifications than are required by the laws in force. As there is a university in Manila, which, notwithstanding the exceptional characteristics of its organizations, has a recognized official character, and confers academic degrees of the faculty of law equivalent in importance to those of the P'einsila and Hiabana, and the time being at hand when this university must lose its exceptional characteristics, and become equal in every respect to other universities of the State, justice, impartiality, and even political necessities advise the granting to natives of the archipelago admission to the judicial career, which is now to a certain extent closed to them, establishing the reasonable proportion of competitive examinations to be held in Manila. The necessity of transfer from the Philippines to the Antilles, and vice versa, to which the officials of the colonial judicial career are compelled, in order not to renounce the legitimate promotions to which they are entitled in either of these groups of islands, constitutes for the same an irreparable damage, not so much on account of the trouble which such transfers cause, as on account of the many expenses disproportionate with the modest remuneration assigned to their offices. In order to remedy this evident evil, it would be desirable to investigate the advisability of establishing distinct careers for the Antilles and for 17 the Philippines, without prejudice to the unity of the graded list, which at present exists. If the supreme court is hierarchically superior to all other courts of the nation, both in the Peninsula and in the colonies, it would be advisable to have a chamber (sala) depending on the department of the colonies in the former, after the manner of the old chamber called the "Chamber of the Indies," which should be exclusively charged with all matters proceeding from these possessions; or, at least, if such reform is not feasible on account of financial considerations, it is reasonable that the secretary of the colonies should be entitled to appoint a just proportion of the vacancies of associate justices of that tribunal, in order to give a homogeneous character to the jurisprudence of the latter in reference to the special conditions of those countries, as well as in order to satisfy the legitimate aspirations of officials serving there. The duties of judicial secretaries require habits acquired by practice, and conditions of stability which are at present lacking in the former, because their offices are included in the categories of the judicial career, to which they must pass in their respective succession; hence the necessity, which is imposed and which other considerations demand, of creating a special corps of judicial secretaries for all the grades of the administration of justice, from the municipal to the supreme court. The establishment of rules for the substitution of judges, of associate justices, and of officials of the department of public prosecution, after investigation of the complaints arising on account of the system now in force in the colonies; the inclusion among the incompatibilities of that established by the law for the Indies, which prohibits the filling of offices in the career with persons whose relatives pursue in the same locality the profession of lawyer or solicitor, a preventive law the ignoring of which has been on more than one occasion a source of abuse rebuked by the public conscience; and the regulations for the transfer of personnel and for granting commissions, leaves, extensions, and dates of embarkation, the former being subjected to a system of guaranties against ministerial abuses, and the latter to conditions which would not permit arbitrary decisions and favoritism; all these are important points which can not be overlooked, some of which demand a deliberate study and a thoughtful solution. Finally, the regulations for the organization of the colonial courts, notwithstanding the provisional character which they must bear, must unite in themselves such conditions of foresight as are necessary to harmonize them, if not with the reforms which science prepares and reality reserves for the future, at least with the plan offered in the preamble of the royal decree of October 26, 1888, for local superior courts for judging minor offenses, with the institution of the jury in the Antilles which can not be delayed, and with the separation, in a short time, of civil and criminal jurisdiction iln such localities of the Philippine Islands where the conditions permit it. 3007 2 18 In view of the reasons stated above, it is the will of Her Majesty that the committee on codes for the colonies draft a project for the provisional organization of the courts of those provinces in which the above principles can be adopted, if a deliberate investigation of them demonstrates the advisability of their application. I communicate this by royal order to Your Excellency, for your information and consequent effects, it being the will of Her Majesty that this order be published in the Gaceta de Madrid and in the official newspapers of the colonies. May God guard Your Excellency many years. BECERRA. MADRID, April 1, 1890. To the PRESIDENT OF THE COMMITTEE ON CODES OF THE COLONIES. ORGANIC LAW FOR THE COLONIES. 19 I I I... I i COLONIAL DEPARTMENT. ROYAL DECREE. ARTICLE 1. The annexed compilation of the organic provisions for the administration of justice in the colonial provinces and possessions, drafted by the commlittee on codes of the colonies, is hereby approved. ART. 2. This compilation shall be published in the Gaceta de Madrid and in the official Gacetas of the colonial provinces and possessions, with the character and force of law which was bestowed upon it by article 25 of the law of June 18, cited. AIT. 3. This legislative compilation shall become operative within twenty days from its respective promulgations, in accordance with the provisions of article 1 of the civil code. ART. 4. The Government shall inform the Cortes of this decree and tlhe compilation attached hereto. Issued at thle Palace on January 5, 1891. MARifA CR[STINA. ANiTONIO MARIA FABII;, kSecretary oj' the Colonies. 21 COMPILATION OF TilE ORGANIC PROVISIONS CONCERNING THE ADMINISTRATION OF JUSTICE IN THE COLONIAL PROVINCES AND POSSESSIONS. "rITLE I. PERSONNEL AND ORGANIZATION OF INFERIOR AND SUPERIOR COURTS. CHIAPTER I..JUDICIAL TERRITORIAL DIVISION AND INFERIOR ANI) SUPERIOR COURTS. ARTICLE 1. The territory of the Spanish colonial p)rovinces shall be divided for judicial purposes into districts (distrito8), subdistricts (partidos), and municipal districts (terminos municipales), with the territorial audiencias, the criminal audiencias, the courts of first instance and examination, and the municipal courts or those of justices of the peace, which at present exist. ISLAND OF CUBA. Territorial audliencia of Hlabana. PERSONNEL. One presiding juadge. Two presiding judges of chambers. Nine associate justices (magistrados). One public Iprosecutor (fiscal). One assistant public prosecutor (teniente fiscal). Five, deputy assistant public prosecutors (abogados fiscalcs). One secretary of administration. One secretary of chiamber. INFERIORt COURTS WHICH IT NCUDS (Eastern part of Habania (m-t).' Examining courts. --- —--— Western part of Habana (In-t). KCentral part of Habana (m-t). ~Eastern part of Habana (in-t). Cours o fist nstnce......... Western part of Habana (nm-t). Courts o tirst nstanceCentral part of Flabana (ni-t). KAudiencia of ilabana (m-t). Bejucal (e). G-Xuanabacoa (e). 'The letters (e) (p) (f) placed after the name of a court (lenlote that the conrts belong, respectively, to the entrance (lowest), promotion (intermediate), or the final (highest) category; the letters (m-t) denote that the court is of the category of an associate justice of a territorial audienci a. 22 23 Gifines (e). Jaruco (e). Mi~riatiao (e). San Anitoniio de los Bafios (e). ierr itO otial md iCR Ci oJ Pitcrto Princtip~e. PERSONNE'L. One p~residlilg judge. One presidling judge of chamber. Four associate justices. One public prosecutor (fiscal). Onie assistant public prosecutor (tenicnte Jiscal1). Onie (leputy assistanit public prosecutor (aboyado fiscal). Ojie secretary of administration. One secretary of chamber. INFERIOR COURTS WHICHi IT INCLUDES. Puierto Principe (f). AM o r6 i (e). (Jriminal (uldiencia, of ]JI-tanfzcts. PERSONNEL. One presiding judge. Two associlate justices. Oie public lproseclutor (fiscal). Onie assistant pub~lic jprosecutor (tenicutte fiscal). (.nie secretary. One vice-secretary. INFERIOR courTS wniCii II INCLUDES. Northern part of Matauzas (p)). Southern part of Matanzas (p). "Iirdetias (p). Alfonso _X1I (e). Colon1 (e. Crim.inal adie~incia, of Pinar del Rio. PERSONNE'L. Onle presiding judge. Two asoia5(jte Justices. Onie Ipublic prosecutor (fiscal). Onie assistant p)ublic prosecutor (tenicatte fiscal). One secretary. Oiie vice-secretary. 24 INFERIOR1 COURTS WHICH IT INCLUDES. Pinar del Rio (p). G uan ajay (e). Guane (e). San Cristobal (e). Criminal audiencia of Santa Clara PERSONNEL. One presiding judge. Two associate justices. One public p)rosecutor (.fiscal). One assistant public prc,,secutor (icuiente fiscal). One secretary. One vice-secretary. INIFERIOR COURTS WHI11CH IT INCLUDES. Santa Clara (p). Cienfuegos (p). Sagua, la Grande (e). Sain Juan de los IRemedios (e). Sancti Spiritus (e). Trinidad (e). Criminal audiencia of Santiaqo de Cuba. PERSONNEL. One presiding judge. Two associate justices. One lpublic prosecutor (fiscal). O ie assistant public prosecutor (teniente fiscal). One secretary. One vice-secretary. INFERIOR COURTS WHICH IT INCLUDES. Northern part of Santiago de Cuba (f). Southern part of Santiago de Cuba (f). Baracoa (e). Bayamno (e). Guantfinanio (e). Holguin (e). Manzanillo (e). ISLAND OF PUERTO RICO. Territorial audiencia of San Juan de Puerto Rico. PERSONNEL. One presiding judge. One president of chamber. 25 F our associate justices. One public prosecutor (fiscal). One assistant public prosecutor (teniente fiscal). One deputy assistant public prosecutor (abogado fiscal). One secretary of administration. INFERIOR COURTS Wh'ICH IT INCLUDES. San Juan de Puerto Rico (examining) (f). San Juan de Puerto Rico (first instance) (f). llumacao (e). Vega Baja (e). CJayey (e). Criminal audiencia of Ponce. PERSONNEL. One presiding judge. Two associate justices. One public prosecutor (.fisca~l). One assistant public prosecutor (teniente fiscal). One deputy assistant public prosecutor (abogado fiscal). One secretary. INFERIOR COURTS WHICH IT INCLUDES. Ponce (f). Coamio (e). Gnayania (e). Criminal audiencia of Jliayagiiez. PERSONNEL. One presiding judge. Two associate justices. One public prosecutor (fisca~l). Oiie assistant public prosecutor (teniente fiscal). One deputy assistant public p)rosecutor (abogado fiscal). One secretary,. INFERIOR' COURTS WHICH IT INCLUDES. M ayagiiez (p~). Arecibo (p). Agnadilla (e. San German (e). PHILIPPINE ISLANDS. Territorial audiencia of Manila. PERSONNEL. One presiding judge. Two presidents of chamibers. '26 Eight associate justices. One public prosecutor (fiscal). One assistant public prosecutor (teniente fiscal'). Three deputy assistant public prosecutors (aboyadlos fiscales). One secretary of administration-. Two secretaries of chamber. INFERIOR COURTS WHICH IT INCLUDES. Binondo de Manila (f). Lutramuros de Manila (f). Quiapo de Manila (f). Toiido de Manila (f). Albay (f). Bantangas (f) Bulac",M (f). Ilocos Norte (f). Ilocos Suir (f). Laguna (f). Paiigasinain (f). Pampanga, (f). Bataan (p). Camarines Norte (p). (Jamarines Sur (p). INueva EciJa (p). Tayabas (p). LUni6n (p). Zambales (p). Mindoro (p)). Abra (e). C agaiy J;n( Cavite (e). La Isabela (e). Islas Batanes (e). Islas Marianas (e). Nueva Vizcaya (e). Tarlac (e). Territorial audiencia of Cebul. PERSONNFJL. One presidiig judge. One president of chamber. Four associate justices. One Ipublic prosecutor (fiscal). One assistant public prosecutor (teniente fiscal). One secretary of administration. One secretary of chamber. 97I INFERIOR COURTS WH~1ICHI IT INCLUDES. C eb1)i' (p). ho ho1 (p). Antique (e).' Barotac, Viejo (e). Bohol (e). Catamianes (e). C"'Ipiz (e). Isla de Negros (e). Leyte (e). Misamis (e). Samas (e). Surigao (e). Zainboanga (e). ART. 2. The, following are the grades of the judiciary in the colonies: First. The presiding judge and presiding judges of chambers of the audiencia of Haban a. Second. The associate justices of the atidiencia of Habana, and presiding judges of chambers of territorial audiencias. Third. The associate justices of territorial audiencias, presiding judges of criminal audliencias, and judges in Hlabana. Fourth. Associate justices of criminal audienicias. Fifth. Judges of the fiuial category. Sixth. Judges of the promotiou category. Seventh. Judges of the entrance category. The order of rank of officials of the department of public prosecution is as follows: First. The public lprosecutor (fiscal) of the audiencia of Habana-. Second. The assistant public prosecutor (teniente fiscal) of the audliencia, of H-abana and the public prosecutors (fiscaics) of territorial audiencias. Third. The lpublic prosecutors (ftscalcs) of criminal audieticias. Fourth. The assistant public prosecutors (tenientes fiscales) of territorital audiencias and deputy assistant public prosecutors (abogados fiscales) of the audiencia of Hablana. Fifth. The deputy assistant public prosecutors (abogados fiscales) of territorial audiencias and assistant p)ublic prosecutors (tenientes fiscales) of criminal audiencias. Sixth. The deputy assistant public prosecutors (abogados fiscales) of criminiial audiencias and deputy public prosecutors (promnotores fiscales) of the fiuial category in the Philippines.I Seventh. The deputy public prosecutors (promotores fiscales) of the promotion category iu the Phldippines. Eighth. The deputy public prosecutors (promotores fiscales) of the entrance category in the same islands. ART. 3. The first three offices ini the careers of the judiciary and of the department of public prosecution correspond exactly with each 28 other; the fourt i of the judicial career corresponds with. the fourth of the (lepartment of public prosecution and to the secretaryship of admninistration of the audiencia of Habana; the fifth with the fifth, and the secretaryship of chamber of the same audienia; the sixth with the sixth, anml to the secretaryshilis of chamber anrid adinministration of territorial audiencias; the seventh with the seventh,, anl to the secretaries and vice-secretaries of crimiiial audienicias, and to the secretaries of examining courts; anIdl the eightli of the career of public prosecution has nio equivalent in the judicial career. AUI4ENCIAS ANI) lNFIAZ1O COURTS. AnT. 4. There shall be in the islaiid of Cuba six audienicias;, which shall be situatedi il Halbana, Puerto Principe, Santiagco dle Cuba,, Santfa Clar~a, Matanzas,anl Painar del. Rio. The first two shall be territorial audiencias and the rest criminal atitliencias, the audiencia of iabana preserviing its category of superior (de ascenso) with respect to all the other audienas of the colonies. ART. 5. Each audienicia shall exercise jurisdiction ini the territory of the infferior courts which are assigned to it. ART. 6. The audiencia of H-abana shall be conIposed of' oe l)residing judge, two presiding judges of chamber, nine associate justices, one fiscal, one teniente fiscal, five abogados fiscalcs, and two secretaries, one of administration anld another of chamber. AUT. 7. There shall be in the capital three courts of first instance, to be called eastern, western, aiid central, and four examining courts, called eastern, western, central, and audiencia, with the category of associate justices of territorial audieiicias. AnT. 8. Ini the territory of the samee audiencia there shall be, besides, six courts of first instance andl eSxaminiationi, situated in JBejucah, (Iuntiabacota, Giiines, Jaruco, Mirianauo, and San Aiitonio de los Baiios, all of the entirnce category. AnT. 9. E'ach examining court of Ilabana shall have two judicial secretaries with the rank of Judge of the entrance category. ART. 10. The territorial audiencia of Puerto Principe shall be coniposedl of onie presiding judge, one presiding judge of chamber, four associate justices, one fiscal, one teniente fisca(il, one abogado fiscal, one secretary of adiniiiiistration and another of' chamber. AnT. 1-1. The said audiencia shall include one court of first instance aniid examination, to be situated in Puerto Princilpe and to be called after that town, nid another in Alor6n; the former of the final category,and the latter of the entrance category. ART. 12. The criminal audiencia of Matanzas shall be composed of one presiding judge, two associate justices, one fiscal, one teiente fiscal, one secretary andl one vice-secretary, anid sh1all comprise the following five courts: North Matanzas, South Mlatanzas, C"'irdenas, Alfonso -XII, 29 and CJolon.; the first three, of the promotion category, and the last two of the entrance category. AurT. 13. The criminal audiencial of Pinar del Rio shall be composed of' the same number anti class of officials as tim- preceding one, anid,shall comprise four courts of first instance and examination, which s.hall be situated in Pinar d(le Rio, Guanajay, (uane, anid Sait Cristobal; the first of these being of the lpromuotionL caItegory and the rest of thte entrance category. A._tnt. 14. The criminal audieucia of Santa Clara shall be composed. of thje same number andl class of officials as the two preceding- ones, anld. shall comprise six courts of first instance, anid. examination, whlich sha,(ll be situated in Sanita Clara, Cienfuegyos, St atg-a la Grajide, Sant Juain de los Riemedios, Sancti Spirittus, and Trinidad; the first two courts belongino' to the promotion andl the rest to the entrtance c~ategory. _Awr. 15. The c~riminal audiencia of Santiaogo (le Cub)a shall be coinlposed of the saine number and class of officials as the thiree pr-eceding ones, amid shall coinprise sevene courts of first instance -and examnination, which shall be situated, two in Santiag-o dec Cuba, to be called northernl and souithern, IBaracoa, IBayamno, Gamtiafluinamo, 1lolguin, anid Manzanillo, the first two of the fin.mal and the rest of the entrance category. AlIT. 1-6. lin the island of -Puerto RI'ico there shilall be thiree, anliemn(las-tile territorial atldiellcia, which shiall be situ-tated. in SamiJtiuan, and ( two crimiinal audiencias, one in Police and. ammothier in M~ay~agiiez. AN-U. 17. The first of the said audiencias shall be comnposedl of one presidinmg judgre, one, presidling juidge of chamber, four associate justices, one fis~cal, omme ten iente fiscal, one abogado fiscal, and~ one secretary of administration, and shiall comprise two) inferior courts, one of first instfance and anothier of examination, both situated in thme capital of time island.. The latter shall have two 'judicial secretaries. Time saidl anidiencia shall comprise, besides, three inferior courts of first instanice amnd exammination of time entrance category, to b-e situiated. in Iftlumnacao, Veg(na l>.aja,, and Cayey. AULT. 18. The ci-imnim.al audiencia of Ponice shiall be composed of omne p)residinlg judge, two lassociate jutsti~ces, one fiscal, one tcnenteulciscal, omie (ibo!Iado fiscal, and one secretary. This audiencia shall comnprise three conrts- of first instance and. examination, situtated. in Pond!e, Coanmo, amid (in11YaIMa, the first court belonging to tile final tand. the othier two to the entrance category. AnRT. 19. Thme crimiinal laudienc-ia of MN~ayagiiez shall bel complosed of one presiding juidge, two associate justices, oie fiscal, one icn'iente fiscal, one abogado fiscal, and one secretary; and. shall comprise four courts of frtisanc atexmniowhich shall be situated in Mayagiiez, Arecibo, Aguadilla, and San Gerimnh, the first two beinge of the p)romotion category and the last two of the enitrance category. AnUT. _20. The Pimilippimnes shall hiave two audliencias, both territorial, wh~ich shall be situated fin M.anila andI ii i Celfi. 30 ART. 21. The audiencia of Mllanila shall be conlposedl of oiie presidil-g judge, two p)residiing'judges of chamber, eight associate Justicesonle ftscal, onle tcn icntc fisca~l, three abogadlos Jiscalcs, onie secretary of ad-iniiiistration, anid two secretaries of chamber. This audiemicia shall comn1)rise four courts of first instanice, in the capitals deniomiinated. litioido, Intramnuros, Quiapo, and. Tonido; and besides, outside of the caipit~al, those of Albay, Batanigas, Bulac."in, ilocos Norte, Ilocos Stir, Laguna,,t Pantgasini.'0im, and( lPampanga, of the finial category; IBataant, Caimartines -Norte, Cainarines Sur, Nue wa Eci~ja, Tayabas, Unidn'l, Zainbales, and INlinidoro, of the promlotionl category; and Abri-, Ca~gayeni, Cavite, La Isabela, time IBatanes Islanids, MNariantas Islandls, Nueva VN;izcaya, anld TrI~lac, of the entranee ctategory. Amr. 22. The territorial audImiencia of Cebi'i shall be (composed of onle presidinigjudge, oinc~ p)residli11g judge of chamber, four associate justices, onie fiscal, onie t(cicate fiscal-t, onie alboyado fiscal, one secretary of admiimiistraftion,~ and another of chaiiber. This audienicia shall comprise the courts of -first instance of' Cebft an~ld Iloilo, of the lpromiotioii category; and _Antiquie, Torotac Viejo, 130ohol, Calainianies, C.1h1iz, Negros Island, Leyte, iMisamnis, S-1'mar, Sui'i gao, an Md Zaimuboanga, of the eiintrance, category. The atctua-,l org-anizationi of inflerior conirtsof first inistanice. and of' our-ts fjustice, of' the pea ce fit the Philippinie Islands shall be preserved until the law of criminal procedure in force in the Peninisula and in time isluid~s of' Cuba anid P~uerto iRico is extended to the Philippinles. Ami. 23. Ini eachel territorial atidienicia there shall be a chamnber- of' administration antid those of 'justice designated in this decree law. A~ir. 24. T'he chamber of administration shall be composed of the prsdijde tepeifijtgso hme, amtd timefiscal of each adi'esitciagjde. iepeiin ugso'c'me ART. 25). in the audhienc-ias oflHabtana and Manilia there shall be two chaumbers of Justice, onie civil anid the other criminal; anMd in the auidienicias otf Puerto P1rhicilpe, Puerto Rico, anul Cebii ommie chaminber for both civil andl criminal. j urisdhiction. ART. 26. There shall he no other lprecedence anmong the associate justices composing time cha —mbers of the, audienicias thtai -that corresponiding to their offices and seniority. The civil amid criminial chiaibers, shall aid each other ia the tran saction of the businiess of their reslpective competency whenever necessary. Associate justices of either chamber, whene not indispensable to form a quorumn ini their owai chiambers, shall act as substitutes for the associate justices of the other ones who may be absent or prevented from attendhimlg. I Whentever ami accumulation. of criminal causes in any audientcia renders suhel action necessary or convenient, a new chamber may be organized, which shall taike the number following that of tme, last or the regularly organized chambers to assist the latters, provided there are euough associatte justices for its, organtizationi. 31 ART. 27. The audiencias shall admillister justice inl the calital of tlie district. ART. 28. In the absence of the presidliiig jiudge of thle chamber, tile senior associate justice of the same shaill preside in llis steald. AiT. 29. In amccor(lalce with tlle present judicial (livisioll thle 1nu11 -ber of listricts, subdistricts, and mlunicipal districts call not be reduced or increased, nor canl territory of one district be takell away froml tlie sale andl( ad:ded to anotller ()ne, nor call the capital of a (list rict or tlie seat of a subdistrict or Imunicil)al district be tranlsferred to anotller place, excel)t in accordance with the provisions of tlhe next article. ART. 30). Nor catn;aly towns be separalted from their subdistricts or uniicipa)l districts in order to be joined to otlier ones, Inor reduce or increase tlie number of towns il whllicll ordiiar or extraordinary chambers of audliellcias lmay be organized, except Inder tlie following) circunstlaces and il accord(lance witll tlhe folloNwilng rules: 1. Thalt there exist reasons of public convenielnce sufllic(ielt ly justi tied ill tle lproceedlings instituted in tlle colonlial departmelnt. 2. That tle municipal councils of the interested tow\s andl tlhe provilcial del)utatioil be given a hearing in said proceedings. 3. That thle judges of first instance of tile interested districts and the chlamb.er of admillistratioii of tlie lropelr udliencia relport oil tle utility, advantages, or disadvantages of tle chlange. I-. That in 1no case toIws be lnited il onle subdistrict l)elongling to different proviices. 5. Tlat the council of state be heard. (. That it be resolved by the council of ministers. Ar:. 31. The Rtoyal decree establishing a clhange sliall ble coultersigned by tlie secretary of the colonies. (Ii' iT\ II I. SUBSTIT'TE.1 1Ui) E AND ASSO()(IATE.1 US'T' 1(1. ART. 32. IIl each municipal court thlere shall b e o0e substitute judge, wlio shall fill the place of the iincunmbent il cases of vacation, silckness, absence, incompaltibiiity, c:l1allenge, or lany other legitimate imnpediment of tle incumbent. ART. 33. Every municipal judge before taking possession of his office, or, at the most, witllin eight days following the one on wilich he shall have done so, shlall propose three lpersons from whlom one sl1all be elected as a substitute, stating the qualifications which dctermine his legal caplacity and tile respective preference among tlie persons lproplosed. lIe shall submit this recomlnendation to the pIresidiiig judge of tlie taudiencia througl tle judge of first instance of tlie district, whio shall forw:lrd it with lis report. A.1tr. 34. Substitute municipal judges slhall b)e subject to all the provisiois of tllis decree-law relating to tlie obligatory nature of the office, to the legal capacity necessar.y for obtaining tile saLe, to its terml, 32 exemptions, incomnpatibilities-, claims, aid to the vaicai-ncies thiat 111ay occur before the endI of thie ordinary term of thteir functions. ART. 35. Whienever both the office of the municipal judge and. that of his substitute become simultanteoiusly vacant, or when on account of anly of the causes mentioned in the law neither of them is able to discharge his duties, they shall be substituted by such persons as hav"Te held the office of municipal judge in the years immediately precediig, in inverse order, substitute judges, liowvever, beiiig excluded. ART. 36. The miiunicipal jdudges of the chief towiins of districts if they be lawyers, and otherwise their substitutes whooare suchi, sliall substitute the judges of first instance and of examination. No onie possessing the qualifications mentionedl above call excuse, himself from the performance of the duties of substitute. AwR. 37. If neither the mannicipal jndlges nior their substitutes are lawyvers, a report shall be illadle to the presiding judlg'e of the andiencia, in order that hie mway appoinit a lawyer to take charge, of the court of first instance nidl of examination, the uuniclipal jcudge in the meantime discharging his ditties. ART. 38. Municipal judges, who, iiot being lawyers, discharge temnporarily the duties appertaintitig to courts of first instance or exaillnllationl, shall employ lawyers ais advisers in everything' which is iiot of mere routine. Wlheit thils occurs the salary which would be (lle the municipal judge for his duties as examininhg judge or Judge of first instance shiall be use5l, as far as 1)ossible, for the payment of the fees whtich the judge's adlviser eaIrns. ART. 39. While tVe municipal judge is diselharging the daties of anl examining judge or judge of first instance, Iiis owm-i (Imties shiall be attended to by a suibstitute. ART. 40. There shall be substitute associatejustices in the audhieiicias, who shall be calledl upon to rendIer services in chambers of justice, in) cases when for accidental reasons the number of regula r iudges is insufficient to suchl ant extent that the admitn-iiistrtation of justice would be delayedl on that acclount. Substitute a~ssocia~te justices shiall be appoimited by the GoveriiorGeneral of the island, at tHe suggestion of the proper chambers of' administration, 7aid their appointment sliall be mna(le for the succeeding judicial year. The number of persons selected. canit never exceed one-third of the zlnumlber of associate justices assigined to the respective court. ART. 41. The office of substitute associ-ate justices of audienicias miiay be assigned only to the associate justices of the local courts of adiiiniistrative litigation (contcnzcioso adm in istcral ic), to pers-sons who had been (leans of the bar, or in default of both, to lawyers who may ha.ve pr1~acticed their profession for a lonig time, hi (a creditable muanner, anld paying the highest taxes. 33 The substitute associate justices, while attending a court, shall enjoy the same privileges and shall wear the same insignia as the regular associate justices. Lawyers who have obtained said appointments shall have credited to then, in so far as passive rights are concerned, one-third of the time during which they have served as substitutes, or the greater time during which they really served; and if they practice the profession of attorney, they shall be considered in the same manner as though paying the highest quota of taxes, as long as they remain as substitute judges, in order that they may acquire the qualifications necessary to be appointed associate justices of criminal and territorial audiencias, or officials equal to them in the rank of lawyers. TITLE II. CONDITIONS NECESSARY FOR ADMISSION A1ND L'ROMIOTION IN THE JUDICIARY, IAGISTRACY, AND DEPARTMENT OF PUBLIC PROSECUTION, AND COMMON AND SPECIAL CONDITIONS FOR THE VARIOUS JUDICIAL OFFICES. C IAI'PTER I. CONDI)TIONS NECESSARY FOR ADMISSION ANI) PROlMOTION IN THE JUDICIARY, MA(;IS'TRACY, AND DEPARTMENT OF PUBLIC PROSECUTION. ART. 42. The entrance to the judiciary and to the department of public prosecution shall be according to the following categories: 1. Judges of the entrance category, deputy public prosecutors (promotores fiscales) of the promotion category, secretaries of examining courts, secretaries and vice-secretaries of criminal audiencias. 2. Promotores fiscales of the entrance category. ART. 43. Admission in, promotion to, and filling vacancies of whatsoever category or class shall be effected in the manner and subject to the laws established, or which may in the future be established for the Peninsula, in so far as the special organization of courts in the colonial provinces does not conflict with tile saime. ART. 44. In cases when competitive examinations are held, there shall be observed with reference to the same the provisions of the following articles: ART. 45. The competitive examinations to fill the offices mentioned in article 42 shall be called when required by the needs of the service and for the vacancies existing at the time, including at the same time those in the judiciary and in the department of public prosecution. If the number of vacancies does not reach fifty tile call shall be made for this number at least. ART. 46. The competitive examinations shall be held, whenever called for, in the Peninsula, Cuba, Puerto Rico, and the Philippines. ART. 47. A call for competitive examinations shall be made by the secretary of the colonies, who shall forward the proper orders to 3007 —3 34 the general direction of grace and justice of the department and to the respective governors-general of the colonial provinces, which shall be published in the official Gacctas. AIT. 48. In filling every 50 vacancies, 30 vacancies shall be awarded to the competitors of the Peninsula, 10 to the competitors of Cuba, 5 to the competitors of Puerto Rico, and 5 to those fiomI the Philippines, distributing any higher anumber there may be in the same proportion. ART. 49. The period allowed for filing petitions for admission to competitive examinations sliall be forty-five days for those to be held in the Peninsula, and thirty days for those to be held in the Antilles or in the Philippines, counted from the day following the one on which the annoulcement of the examination was published in the respective official Gacctas. ART. 50. In order to be admitted to the competitive examinations it is necessary to be a Spaniard, a layman, and a licentiate at law, graduated from a university conducted at the expense of the State, and to be 23: years of age before the day on which the examinLations begin. The follolwing persons can not be admiitted to the said examinations: 1. Those physically or mentally incapacitated. 2. Those wlho have been lrosecuted for any crime. 3. Those who have been condemned to any correctional or corloral punishment. 4. Those who may lhave suffered anld undergone a punishment whicl lowers them in tlhe public esteem. 5. Those wlho have beenl subjected to a provisional suslpension of proceedings (sobrescimicn to) in a criminal cause, before tills action lhas been converted into an acquittal by reason of lapse of time. 6. Bankrupts wlo have not been discharged. 7. Insolvents, uiitil they are declared innocent. 8. Debtors to (:overnment funds as taxpayers. 9. Those who have been guilty of acts or omissions which, though not punishable, lower them in the public esteem. ARlt. 51. Those desiring to entere judicial or the public prosecution careers shall prove the facts stated( in the first part of the preceding article to the general direction of grace and justice, or to the respective governors-genertal, according as to whether the examinations are to be held in the Peninsula or in the colonies. Proceedings shall be inlstituted for each candidate. The lists of Ipersois admnitted to the competitive examnilatiolls shall be published in the respective official Ga(etas. ART. 52. Tlhe board of examnilers for the colp)etitive exxaminations to be held in the Peninsula shalll consist ofTlhe presiding judge of the supreme court, who slhall act as tlie presidlent of tlie said board. The Fiscal of the supreme court. Two associate justices of the sanme court or of the tudiencia of Madrid, appointed by the secretary of the colonies. 35 The dean of the bar of Madrid. A lawyer appointed by the secretary of the colonies, upon the recommendationl of the bar, from among those who lpay, as lawyers, one of the first three quotas of indulstrial subsidies. A professor of law of the central university, appointed by the secretary of the colonies. And one lawyer, as secretary, witl the riglt to vote, appointed by the secretary of the colonies. ART. 53. The board of examiners for examinations to be lheld in Cuba, Puerto Rico, or the Philippines, shall consist of: The presiding judge of the audienicia of Habana, Puerto Rico, or Manila, who shall act as the president of the respective board. The Fiscal of the corresponding audiencia. An associate justice of audiencia, appointed by the respective Governor-General. A professor of the university or institute, who shall be 1a lawyer, appointed by the Governor-General. A counselor of administration, lawyer, or associate justice of the administrative court, appointed by the Governor-General. A lawyer, appointed by the said Governor-General, on the recommendation of the bar. A lawyer, as secretary, with the right to vote, appointed in the same manner. AR1T. 54. The members of thle board of examiners, who are not such ex officio, shall cease to exercise their duties when a new examination is hleld unless they are reappointed. ART. 55. In case the presiding judge or the Fiscal of the supreme court, the presiding j udge or the Fiscal of the audiencia, or the dean of the bar can not attend the board of examiners, on account of inconmpatibility or for any other reason whatsoever, they shall be substituted as follows: The presiding judge of the supreme court or of the audiencia, by a presiding judge of chamber of the respective court, appointed by the department, or by the Governor-General, if proper. The Fiscal of the supreme court and the Fiscal of an audiencia, by the teniente fiscal of the same court, and, in the latter's absence, by one of the abogados fiscales, appointed by the department, or by the respective Governor-General. The dean of the bar, by a member of its administrative board, appointed in a similar manner. ART. 56. The list of the competitors admitted to examination shall be forwarded, with the proceedings instituted, to tlhe proper court. ART. 57. On the same &daly on which a call for competitive examinations is publisled in the proper official newspaper, tlie appointment of the board which is to judge tile same shall also'be published. Tlhe board shall draft a programme of tlie competitive examniations witlin the twenty days following said publication, giving preference 3 I to the civil, penal, commercial laws, andl law on procedures, publishing it also il the official Gaceta. ART. 58. Before an examination begins, competitors shall be numbered by drawing lots in public. A competitor who, being called by the number drawn by lot, does not present himself shall be called a second time after the last number on the list, and if he again fails to appear, he shall lose all right to be examined. ART. 59. The examinations shall be public; the first part shall be oral and the second part written. ART. 60. The first part of an examination shall consist in answering, without previous l)reparation, ten questions, on subjects agreed upon by the board, and in the proportion designated by the same. The time allowed for answering these questions shall not exceed an hour and a half. ART. 61. The second lart of the examination shall consist in the drafting of a sentence, decision, or complaint in a civil or criminal cause, which shall be decided by lot. To prepare this workl, the presidents of the boards shall ask the presiding judges of the respective audiencias for a Inumber of sets of papers equal to twice the number of competitors. These papers, arranged in such a manner that they slall conceal from view the work of which the exercises are to consist, shall be kept by the president of the board with the greatest care. For drafting the decision, complaint, or sentence, of which the examination is to consist, coImletitors shall be kept separated in rooms for this purpose, a.nd shall be allowed four hours of preparation, and shall have at tlheir disposal the legal texts they may request. After the four hours have passed the competitors shall deliver their work in an envelope, closed, sealed, and with their signatures oi the outside; and when the board has convened, every competitor slall open his papers and read his work, afterwards leaving the papers in the hands of the president. ART. 62. After the examinations of each day have been ended, thle board shall immediately proceed in secret session to rate the competitors according to their merits by using one of the following two mnarks: Passcd or rejected, and shall post the result of this Iaction on the door of the building in which the examinations are held. When all tlhe examinations have been finished, the board shall, in secret session, classify the competitors in correlative numerical order, submitting its recommendation to the secretary of the colonies. Under no consideration shall the number of places announced for a comipetitive examination be increased; and tlhe boards shall abstain from submitting in their recommendations a numbler of competitors greater than that (f the positions for which the examinaitions have been hleld. 37 ART. 63. After the examinations have concluded, the lists and papers relating to the conmpetitors shall 1be forwarded to the secretary of the colonies, those who lhave p)assed being named in the numerical order they bear ill the lists drafted by the boards of examiners, and in accordance with the provisions of the following articles. ART. 64. After the certification of the competitors who passed has been received by the department, thle standing of the eligibles shall be drafted and published in tile respective official Gacetas, subject to the following rules: The list shall begin with the names of the competitors from the Peninsula, who shall be given the first three numbers; these shall be followed by the eligibles awarded lnumber one in Cuba, Puerto Rico, and the Philippines, successively, the remainder of the list being nunmbered in tie same proportiol to the end. ART. 65. Notwithstanding the provisions of Article 43, there shall be a preferred appointnment, in which there shall be appointed as promnotores fiscales of the entrance category those who have been suspended with salary of tlhe same category in good standing, who may have requested tile appointmelit. ART. 66. Notwithstanlding the provisions of article 43, there shall be an appointment by preference in which promotores fiscales of the entrance category of the greatest seniority, who lhave served one year iln their office, shall be appointed to tlhe positions of judges of the entrance category. ART. 67. Positions of judges of the entrance category alnd similar ones and offices of promotores fiscales, which must be filled by competitive examinations, shall be distrilbuted in tie following mallner: The former shall be given to the conmpetitors who hold the first numbers on the graded list, in strict order; and the latter shall, il tile same manner, be distributed amolng tile remaining competitors who may have a right thereto, without prejudice in either case to tile provisions of articles 43, 65, and 66 of tills decree-law. ART. 68. Tile competitors appointed to the Antilles, or to tile Philippines, may either accept or refuse tile office conferred upon them until tilere occur vacancies in their category at one of tile two places above mentioned which they may prefer. Those who are entitled to the position of promnotor fiscall of the entrance category may likewise refuse or acceI)t tile same, until a vacancy of tile category of judge of the entrance category occurs, for which, as in tile precedilg case, tlie coml)etitor wlio has on tile list a higher number shall be preferred to the one who las a lower inumlber. Thle right granted by this article s,,all termiinate on the (late on which tlle last position to be filled has been voluntarily accepted by the eligibles, it being und(erstood thlat those atlppoitted for tile second time, in thle proper order, wlh (lo not accel)t the offices to which they have been assigned, slhall be conmsi(lered as ireouncing tile career. 38 ART. 69. Officers who pass from one class to another shall preserve il the latter the seniority according to their category; and if they accept commissions for duties of a lower category they shall occupy the first place among the officers of the latter. Appointments made for those going on a commission shall not deprive the appointees of their regular order of succession for appointments. ART. 70. The colonial department shall keep the proper books of the personnel, with a suitable distribution of categories and series of succession, and an exact memorandum of the vacancies corresponding to each of them. There shall likewise be kept the books concerning officers suspended with pay, in which there shall be entered the requests of those who desire to reenter the service, with discrimination between those who wish to serve in the Antilles or in the Philippines; and books of active officers who do not desire to be promoted outside of the Antilles or of the P'hilippines, where they are respectively on duty, land of lawyers who have already requested admission inI the proper series of succession. ART. 71. If in one or more series of succession there should be no officials with tle legal ability necessary to discharge the duties of the office to be filled, said series of succession shall be considered as passed over and it shall thus appear in the respective books, thle vacancy being filled from the following series of succession in their order. ART. 72. The officials in the Antilles, to whom the series of promotion belongs in the Philippines, anld vice versa, may have previously renounced such promotions by an official communication to this effect to the colonial department for the case in which by virtue of the same they would be obliged to pass from one of the above-mentioned places to another one; and the Government shall take into account said comnunication, if it deems it proper, whenl the respective series of succession is reached. This provision, however, is without prejudice to the right to transfer officers to any place whatever, from one point to another of the same category whenever considered advisable for the better service. ClHAPTER II. CONDITIONS COMMON TO ALL,UIUCITA, O'FFICES. ART. 73. In order to be a judge or an associate justice of whatsoever class or denomination, it is necessary: 1. To be a Spaniard and a layman. 2. To be twenty-five years of age. 3. Not to be included in any of the cases of incapacity or incompatibility established by this decree-law. 4. To possess the conditions established for eacl class of offices in the same. ART. 74. No persons included ill aly of the cases enumerated in article 50 of this decree-law can be appointed judges or associate justices. 39 AlIT. 75. The offices of judges tund associate Justices shall he inicompatible: 1. With the exercise of any ot'her Jurisdlictioli. 2.With other emiploymients or offices eiidowed or ieconiipeiisedb the State, provinces, or towns. 3. With the offices of provincial (deputies, alcal-des, city miagistrates (regidores), or any other proviiicial or m1unicipal offices. 4. With subordinate emnployments in superior or finferior courts. AiRT. 76. The discharge of judlicial duties shall be a justifiable ca~use to exempt one's self fromi the obligatory offices mentioned ini number 3 of the preceding article. The authority whose duty it is to adlinit the exemption cani not refuse it. If aniyone within eight days does not show cause for exemiptiomi fromt the saidl offices, it shall be construed that lie has renounced the jdca positiou) w\hich shall thereupon becomie vacant lby law. ART. 77'. Those who are app)oilitedl as Judges or as associate Justices, while holding aniy emiployment or offlce of those mienitionied inl article 75, may exetnlpt themselves front either of the oil ices or emjiployiiejits within the period of eight (lays followinig that of their alppoinltmenlt. Should they not do so, it shiall. be coitstrued. th~at they have renounicedl the *judlicial office. ART. 78. Personis related. to eatch other wvithiui the, fourth civil (legree of consanguinity,anil the seconil (degree of lafthnity can not serve a-,s associ~ate justices in the sa~me court siimulta-MeIouslY. This provision shall be applicable to the.associate Justices who arfie relaited iii the degrees mientioned with the luJisctls, Icuientcs fi8C~des, (tboq(((los fiscailcs, or auxiliary officers of the, samle court. It shall also be applicable when the relationship withfin thle sam11e degrees is between muniiciptal judlges or justices of the peace and.,judlges of first iiistancie and examinfiation with the fiscaics of the satte court, or of aniy court, with the associa,-te Justices of the respec-tive, audiencia. ART. 79. In the cases mnentioned in the preceding article, an appointment made of a per~son who-has relatives with which the appointee is incompatible discharging *ji dicial or 1)ublic iproseciutioi services, according to the provisions of the precedling article, shall be considlered void. (I TAvTER III. CONDITIONS COMMON' TO XMNN LIGS JUDGES 01 FIRST' INSTANCE, AND ASSOCIATE JUSTICES. ART. 80. No one can be an examining judge, judge of first instauce, or associate Justice of an audiencia, to the jurisdiction of which there belon-ig: 1. The town where hie or his wvife was- bornt, except in the ease when (leclared to have lbeeil born (lurilig the temnlpoiary residence of the mother. 40 2. Tle town in which he or his wife llas resided the five successive years previous to tle appointment. ' 3. The town in whic at the time of appointment lie may pursue any industry, trade, or any remunerative occupation. 4. The town in whlich be, or lis wife, or his or her relatives, in a direct or indirect line, within the fourth civil degree of consanguinity and the second degree of affiliity, possess real estate, or pursue any industry, trade, or remunerative occupation. 5. The town in wlicli lie practiced law for the two years previous to his appointment. 6. The town in which he may have acted as auxiliary or subordinate officer of a superior or inferior court. ART. 81. The provisions of the preceding article shall not apply to the offices of judges or associate justices serving in Tabana. ART. 82. The following officers can not pursue, either in their own behalf, or in behalf of their wives, or in the name of another person, any industry, trade, or remunerative occupation, or take part in coImmercial enterprises or corporations as joint partnlers or as managers, admministrators, or advisors: 1. Examining judges or judges of first instance in the district over whiclh their jurisdiction extends. 2. Associate justices of audiencias within the district over wllich their julrisdiction extends. ART. (S. Those who violate the provisions of the preceding article slall be considered as renouncing the office they may liold. (CllAPrvtR IV. SPECIAL CONDITIONS TO WHIC11 MI'NICIPAI JUD!GES Olt.JUSTICES OF THE IEACE AIRE SUIBECT. ART. 84. Muiicilal judges, justices of the peace, and their substitites, must, besides the qualifications fixed by article 73, know how to read and write, andl reside in the town in which they discharge their duties. ART. 85. Wherever there are lawyers qualified for the offices of municipal judges, or justices of the peace, they shall be preferred for the said positions over others who are not such, provided there are no reasons advising tlhe contrary. TITLE II[. APPOINTMIENTS, OATIS, AND ASSUMPTION OF OFFICE1 SENIORITY AND PIECEDENCE, LIMITS AND EXTENSIONS OF THE TIME OF EMBARKATION AND TAKING PERSONAL POSSESSION OF OFFICE, HONORS, I)RESS, AND SALARIES OF.IT1DICIAL OFFICIALS. AIPPOINTMENT O1 M[TNICIPAI JUIDGES OR.JUSTICES OF TIlE PEACE. ART. 86. Municipal judges in the islands of Cuba and Puerto Rico, justices of tlhe peace in the Pliilippines, and their respective substitutes, 41 shall be appointed by the presidilg judges of territorial andiencias on the recommendation in ternary made by judges of first instance of the subdistrict, during the first fifteen days of the month of May in the years in which renewal of appointments should be made. ART. 87. In order to make their recommendation effective judges of first instance may, if they consider it necessary or advisable, request information of any judicial or administrative authority, or from any trustworthy persons. No judicial or administrative authority can refuse to render assistance in the matter. ART. 88. In their recommendation, judges of first instance shall state the circumstances which determine the legal fitness of the persons proposed and any other qualifications whicl recommend these persons for the office. ART. 89. In towns which have more than one court of first instance, each judge shall recommend persons for the offices of municipal judges or justices of the peace, according as to whether judges of thle Antilles or those of the Philippine Archipelago are in question, for that part of the town which is subject to their jurisdiction. ART. 90. Presiding judges of audiencias may, when they consider it advisable, request information concerning the qualifications of the persons recommended, in the manner mentioned in article 87. ART. 91. When presiding judges of audiencias find that the recommendations are executed in conformity with law, and if they do not make use of tlhe privilege granted them in the preceding.article, or if doing so, they are of the opinion that all the candidates proposed are fit for the position, they shall make the appointment within the first fifteen days of the month of June. ART. 92. If one or more of the candidates proposed do not possess the legal fitness, while others do, tle presiding judges of audiencias may make the appointment from among the qualified candidates, or they may order the ternary proposal completed by substituting for the candidates who are nlot qualified for the office those who have the legal qualifications. When all of the persons proposed do not possess tlhe legal fitness, tlie ternary recommendations shall be returned at once, so tlat they may be redrafted. ART. 93. Tle appointments of municipal judges or justices of the peace shall be published il detail ill the official Gacetas of Cuba, Puerto Rico, and the Philippines, respectively. ART. 94. Municipal judges or justices of the peace elect who are disqualified from discharging the duties of the office, or are exempt from tlhese dutties, may request the presiding judge of the audiencia to declare tleir exemption. This request shall be made through tlhe judge of first instance of the district il whlich is situated tlhe town for which the petitioners may 42 have been appointed, within the eight days following the one oil which they were notified of their appointment. ART. 95. Those who are aware of any impediments that would prevenlt any appointee front performing tle duties of a municipal judge or justice of the peace, shall state them to the presiding judge of the audiencia through the judge of first instance of the respective district within the period specified in the preceding article. ART. 96. The judge of first instance shall forward as soon as possible to the presiding judge of the audiencia the requests and claims mentioned in the preceding articles, with the report he may deem proper. ART. 97. The presiding judge of the audiencia, in view of the excuses or claims which mnay have been presented to him, hearing the public prosecutor and the chamber of administration whenever he (leemls this advisable, shall declare as muay be proper: 1. The acceptance of the excuse or of the claim0, il w\hich case tlle appointmlellt shall be void, and another shall be made. 2. The lnoacceptance of the excuse or claim. 3. The verification and proof of the facts alleged or denounced.. In the latter case tlhe appointee shall not be given possession, if it has not yet been done until the case is decided; and if the appointee has already takein possession of his office, he shall continue to discharge the same until a decision is rendered. ART. 98. Before July 15 tlhe presiding judge of thle audiencia slall decide all pending claims and shall order the publicatioll il the respective official (Gaeta of the corrections which lhave been finally made. ART. 99. Those who have learned, after the lmunicipal judges or justices of the peace have been appointed, tliat some of them are legally incaipacitated to discharge their duties, Imay at any time inform the presiding judge of tlhe audiencia to this effect, who, after gathering such information as lie thinks necessary, and always a; report of the judge of first instance of the district, and after hearing the opinion of' the chamber of administration, he shall decide what may be proper. ART. 100. i)ecisions. admitting or overruling exceptions or claims shall always state the reasons. ART. 101. From the decisions of presiding judges of tile audiencias accepting or overruling allegations of exemptions or claims, an appeal may be taken only to the colonial department. ART. 102. Vacancies occurring during the term of tlle two years fixed for municipal judges or justices of the peace to occupy their office shall be filled by the presiding judges of the audiencias, after the proceedings established inl the preceding articles, il connection with the appointment, as well as in claims and exemptions, but without being subjected to the limits of time fixed in those articles. ART. 103. Appointees for sucl vacaicies shall cease to discharge their duties, if not reappointed, at the expiration of the term of the two years during which their predecessors should have discharged said duties. 43 ART. 104. The presiding judges of audiencias shall forward the appointments of municipal judges, or of justices of the peace, and their substitutes, to the judge of first instance, who shall inform the respective municipal courts or courts of justices of the peace, and also the appointees. CHAPTER 11. APPOINTMENT OF JUDGES OF FIRST INSTANCE AND EXAMINATION, OF ASSOCIATE JUSTICES, AND ()TIIER J('I)ICIAL OFFICERS. ART. 105. The appointments of judicial officers, from associate justices of criminal audiencias, inclusive, and up, shall be made by royal decree. All other appointmlents shall be made by royal order. In all the ap:pointments included in this article the special conditions shall be stated by virtue of which the respective entrances andl promotions take place. ART. 106. Appointments of judicial officers of tlose newly (lamitted can not be nlade without previously instituting the proper proceedings which prove that tlhe candidate possesses all the q(ualificationls required by this decree-law, and the interested party slall make known by means of public and solemil documents all his (lualifications for entering the career, and the special Ilerits which commend him for the office and which may give him preference. ART. 107. The Government shall report on tlie appointments of judicial officers to the prol)er G(overnor-General and to tlhe p)resi(ling ju(lge of tile territorial audiencia, in order that the alppointment nmay go illto effect after tlhe latter in a proper case infoIrms the auldiencia which receives oatlis and gives or orders the possession of office to be given. The G(overnment shall likewise notify the appointees of their respective appointments. ART. 108. The territorial audiencias in bane shall lave the power to resolve upon the carrying out of appointments of judges land associate justices, mad for this purpose tle presiding judges shall order that all appointments be forwarded to the department of public prosecution for report. When the report has been made by the department of public prosecution, an account of it shall be given to the proper court, which, if the appointment is found to be legal, shall order that it be carried into effect. If the audiencias refuse to carry said appointment into effect, they shall respectfully submit to the Government the stateiment of tile reasons for such action, and the Government, after hearing the full council of state, shall decide what may be proper in thle council of secretaries. Ill the latter case the court shall obey the decision, without prejudice to the ministerial liability, if there be anly ground for it. 44 CHAPTER III. OATIIHS AND TAKING POSSESSION OF THE OFFICES OF.JUI)DES AND ASSOCIATE JUSTICES. ART. 109. Municipal judges or justices of the peace shall take the customary oath, in order to take possession of their office, in the following manner: Those of towns that are not seats of subdistricts before the judges who retire, or, ill the absence of the latter, before their substitutes, at the place assigned for the sessions of the court. Those of towns which are the seats of subdistricts and their substitutes, before the proper judge of first instance. ART. 110. Municipal judges or justices of the peace and their substitutes in towns in which no judges of first instance reside, shall take possession of their offices at the time of taking their oaths; those of towlns in which judges of first instance reside shall take possession of their offices after being sworn in, going for this purpose to the place assigned for the sessions of their courts and stating this in thle proper memorandum. ART. 111. Judges of first instance and examination and associate justices shall be sworn in, tlhe former before the chamber of administration of the territorial audiencia to which the courts tlese judges have been appointed to appertain, and associate justices before tlle courts convened in bane and in a public session, attended by the representatives of the department of public prosecution and by all the subordinates and auxiliaries. ART. 112. The form of oath to be taken by judicial officers shall be: To observe and cause to be observed the constitution of the monarchly. To be faithful to tlle King. To administer strict, full, and impartial justice. To fulfill all the laws and provisions relating to the discharge of their office. ART. 113. Judicial officers shall take possession of their offices in the place assigned for tlheir respective residences. ART. 114. Judges of first instance and examination slall be installed by those who serve in the particular jurisdiction. Associated justices, whatever their rank may be, shall take possession of the office immediately on taking oath. ART. 115. During the act of swearing in and the installation of tle presiding judges of the audiencias there shall be present the municipal judges or justices of the peace, and delegations from the bar, and from tlhe associations of nlotaries and solicitors. C HAPYTER IV. SENIORITY ANI) PRECEDENCE OF JUDICIAL OFFICERS. ART. 116. Personal possession is that which entitles an incumbent to the pay ad(l extra pay, as well as to the considerations attached to offices of the judicial career. 45 By personal possession is understood to be that granted by the respective chiefs and authorities. ART. 117. Judicial officers who embark in the Peninsula or abroad or in any colonial province in order to sail directly to the place of their employment, shall enjoy from the date of embarkation, after the proper proof has been made, the personal salary of the class and office to which they may have been appointed, and slall acquire the seniority in the proper category, and all the other privileges appertaining to them inl the capacity of colonial employes, provided that they take personal possession of their offices within the period specified in this decree-law. In case of death during the voyage or passage or on arrival before taking personal possession of the office, the office shall be considered as taken possession of on the day of embarkation, with a right to all the resulting rights. ART. 118. Of two officers embarking on the same (late the senior one in the category shall be the one first appointed. If the appointments are of the same date the officer who takes personal possession of his office at an earlier date shall be considered the senior in the respective class, and in case of equality of conditions seniority shall be conceded to the one who shall have served a longer number of years in the next lower category. If even in the latter respect the officers are on an equality, their respective seniority shall be determined on the basis of the period of their service in the judicial service or that of public prosecution. In case these services are equal the oldest officer shall be considered the senior one. ART. 119. Seniority shall give preference: 1. In the order of seats and positions among the judges and associate justices of the same class. 2. For temporarily presiding at chambers among the associate justices composing the same in cases of vacancies or any other impediment of the regular presiding judge. 3. For temporarily presiding in audiencias among the presiding judges of chambers in a case similar to that referred to inl the preceding number. 4. In choosing one to attend the chamber of administration when one of the presiding judges who should compose it is absent, from among the associate justices forming the chamber of justice whose presiding judge may be absent. CHAPTER V. LIMIT OF TIME AND POSTPONEMENT OF EMBARKATION AND OF TAKING PERSONAL POSSESSION. ART. 120. The periods within which emblarklation of judicial officers designated for the colonies should take place shall be ili accordance with the following rules: 1. Officers of recent entrance in the career who have to embark in 46 Europe shall certify by tile respective captain of the port or consul that they have done so within the period of forty-five or sixty days, which can not be extended, counted from the date of the appointment, according as to whether they are destined for the Antilles or the l'hilippines, respectively. 2. Those who have beeln designated to an island different from that in whticl they reside or serve shall embark for their new destination within the period of thirty days, which may be increased by another equal period, which can not be extended, and which will be granted at the discretion of the proper Governior-General, the special circumstances of eachl case being taken into account. Tle first period referred to shall be conmputed from the day following that on which approval was made of the order which gave rise to the embarkation. The officers referred to in the preceding paragraph may remain in the Peninsula for the periods specified in article 126 of this decreelaw. ART. 121. When the lack of means of communication absolutely prevents the fulfillment of the provisions of this deecree-law reerring to periods of embarkation and taking personal possession of offices, the Governor-General shall assign the period which he considers necessary, according to the circumstances, in order tlhat the officers may be able to report for duty. ART. 122. In tlhe copies of appointments made by the colonial department the period for embarkation shall always be fixed in accordance witl rule 1 of article 120. ART. 123. Notwithstandingl tlle provisions of the preceding tarticles, tlhe appointees may be obliged to embark witlin any other periods slorter than those fixed, if special circumstances so require. The preceding p)recept may likewise be applied to the periods allowed for taking personal possession of office. ART. 124. A prolmoted or transferred employe, who is retired within the period of p)resentation, shall receive the salary of the office 1previously occupied until thle date on which he is declared suspended with pay or lellsioned. ART. 125. Judicial officers shall take personal possession of their offices within thle period of thirty days following the one cn which the royal command is approved, or the date on which the officer has landed oi tlhe island to which lie is.appointed, according as to whether the appointees come froml the sanme island to which they are assigned or not. Tlhe period specified inl this article may be extended by anotller l)eriod of an equal length, which can not be extended, aild which shall be granlted at tlhe discretion of the proper (lovermor-General, when tlhere are grounds sufficiently justified for sucl action. ART. 126. ()ficers transferred from the Plilippines to tle Antilles, or vice versa. may remain inl Europe thirty days, computed from the day of tleir lan1lding, with the right to the salary of their new office 47 from thle date of their departure froimi the point of the residence of thle one they previously held, lprovided that they take possession of the formn er. If, however, this period has el-apsed, and the officer (oes not conltinue his journey, it shall be construed that lie renounces the service, except when tile Government authorizes hini to stay thirty (lays longer, sulch action being based ou the fact that the oflicer could not embark on account of sic4kness or any other cause duly lproved, ini which case the officer shall continue to draw the lpeIsollal salary. ART. 1-27. If officers have exceeded the periods of time allowed them iii the respective cases fixed in this chiapter, their appohiltments shaull become void, aind. saidi officers shall be declaredl suspenlledl, with pay, when such action is proper, anid ini this case new atppoiiitme nts may be given them, when opportunity offers, ini the series of succession of officers suslpended with l)ay. (nHAPTE~t VI. HIONOS'4 01 JUDG(ES AND ASOCIATE JUSTICES. ALIT. 128. Courts shall l)e addresset l orally -,and in writing lby impersonal titles (tratam ieonto imnper)sonal). AlT. 129. Examining and first instance judges shall have in official actions the title of Sefioria AlIT. 130. Associate justices and presiding judges of chambers of au1dieiicias shall have the personal title of Seiioria. ART. 131. Presidinig judges of territorial audieiicilas anied those of chambers of Habana shall be given the title of 8&Hlori(( ilastrisimia. ART. 132. In official actions judges and associate justices shall not be givent a greater title than that which belongs to their actual otfice ini the judicial career, although they may have a highre title in a (iffereilt career, or on account of other titles. Neither shall they use, whlile asselnlhlilg in body or in chambers, any (ecorations whictuh giv-es themn righit to a title higher than. that which belongs to the presiding officer. ArT. 133.,Judges land associate justices who have been pen sione'd or have voluntarily retired from the seLvice, or because of impossibility to serve longer, shall preserve the personal title ob~tainied inl the service, andl those who hactve been removed fromt office, shall lose them in tIme cases and in the form prescribed by this decree-law. Awrr. 134. Notwithistatnding the provisions of the preceding article, 1)ensionedI judges and associate justices who have beeni ini thle actual judicial service for mumore than twenty-five years may obtafil tile honors of the category next above that of their last oflice, if they deserve such reward, for numerous and distinguished serv-ices in tile said ccareer. ART. 135. With the exception ot the case state l in tile 1preeedillg article, titles dtie judges andl associtie justices shall not be granted, nor shall those whio a-c jiiudges atind a ssociate justices lbe given a rank hig'her thlani that belongiiig to the office they hold. 48 CHAPTER VII. DRESS OF JUIDGES AND ASSOCIATE JUSTICES. ART. 136. Municipal judges and their substitutes, when they replace the former, shall, in all the acts in which they exercise jurisdiction or convene as such, wear the insignia proper to their office. ART. 137. Judges and associate justices during public sessions, in other official acts inside the building, and in the solemn acts in which they assemble in committee or in body, in conformity with this decree, or whenever ordered to do so by royal order, shall wear ceremonial dress. ART. 138. Ceremonial dress shall be: For examining and first instance judges the gown, medal, and badge which are prescribed for them by the provisions in force. For associate justices of audiencias the prescribed gown, medal, and badge. In the remaining official acts not mentioned in the preceding article, judges and associate justices shall use only the badge or medal and the cane, with distinctive sign which is assigned them. ART. 139. No judge or associate justice can wear other dress or other insignia than those proper to their office in the judicial service, nor decorations higher than those worn by the presiding judge. CHIAPTER 'VIII. PAY 1OF JU IICI AL, OFFICERS. ART. 140. Municipal judges or justices of the peace, and their substitutes, shall receive only the fees fixed by the schedules of judicial fees. ART. 141. Judges of first instance of the entrance category, and the other officers of the same rank, shall receive 750 pesos of pay and 1,125 pesos of extra pay. Judges of first instance of the promotion category and other officers of equal rank, 900 pesos of pay and 1,350 pesos of extra pay. Judges of the final category and other officers of equal rank, 1,100 pesos of pay, and 1,650 pesos of extra pay. The associate justices of criminal audiencias and other officers of the same rank, 1,400 pesos of pay and 2,100 pesos of extra pay. The associate justices of territorial audiencias and other officers of the same rank, 1,700 pesos of pay and 2,550 of extra pay. The associate justices of the audiencia of Habana and other officers of the same rank, 2,000 pesos of pay and 3,000 pesos of extra pay. The presiding judge and presiding judges of chamber of the audiencia of Habana, 2,300 pesos of pay and 3,450 of extra pay. ART. 142. The associate justices and the auxiliary and subordinate officers of audiencias, when leaving the place of residence of the same 49 in ordler to convene in a, chamber of justice7 shall receive the following daily allowances: Associatej justices, 6 pesos per day; secrettaries,:') pesos; court officer's and (loorkeepeers, I1 peso. This increase of salary shall not 'be taken into accotunt in the pa-ymientt of pensions. ART. 143i. _No substitute shatll get a, salary- other titan tha~t of ties regrular office. Offices whichi cain not 1)0 substituted according to reguilations, shall lbe intrusted to active officers or those suspended with pay, anld p)rivate 1)erl50n5i as tempitorary appointees, whent such. actioni is demanded by the reqni rernents of the service. lin such cases- no matter whether the poito wic shs ocpe is the first vacancy occurringi~, or one caused or prodlucedl by other vac~ancies, the interested parties shall receive either the p~ay only, orboth. the pay and extra pay fix —ed in the lbt1(lget for the dutties fintrnsted to theni, accordi tig as to whether the vacanicy is accidenttal. or absolute. A~RT. 144. Alteiiporary occupation of ofhices ot royal,Appoiiitinent shall bDe submitted to the approval Of the Colonial Departmnent. ART. 145. The tunle of temporary service rendered by officers susl1ellded with pay shall be credited for th~eir classificationl onl the p)assive list, 1)rovided 1that their temtporary eitiploymneiit was ap~proved by royal ordleI. ART. 1I(;. All1 oflicers in the juica service Or. iii that of tpnllic, pros) ecu_-tioni shall1 have a right to -allowance for transp"Iortation exp~enses, in the imaniner and under the conditions established by the legislzation in force, onl the snlbject. TIRANSFEZS, ISUISIPENSIONI RETI IZEi\IENT_., RuEMOvAL, AND) 1PENSIUNING. OF JUDICIAL MA'I1CERS4. 'rI'lANSFE ItRS. AnTz~. 147. Judicial officers, with the excelptio~il of those servingp in Ilabtana, must itecessarily be transferred: 1. When they have resided in the stame town for eight years. 2.We y the a cts of another party, anld not lby his owni, anly onle of the fornier, his wife, Or his Or her ascendiants or descendants, or collateral relations within the fouirth degree Of consanMguinity or second. degree of affituty, acquired real estate withini the territory over which the jrisdiction of the superior or inferior couirt to whichl lie belotigs extet ds. 3. If onl account of any circumstancee which is ntot the onie sp~ecified in article 152 there happen to be in the sante court Or audhiemitca two P~ersonis reltated to ea~ch other withini thre fourth degree of eoiisaiiguinity 3007 50 or secon(I of affinity, in which case the Governmenit shall see that tile transfer takes 1)1ace withii four monthis. 4. In the cases menitioned in article 15.2 the transfer shiall Ibe made, whenever jpossible, witliii one year fromn the date on which the suspension lbegan. ARUT. 148. Judiicial officers maty be transferred: 1.On accouint of serious disageeets with the other meipbers, of the court to which they bielong. 2. Whten the chiamber of admninistration of an audhiellcia, for wvellfounded reasons, recommends the tranisfer of jugs scea Ies and vice-secretaries, or that of the supreme court, the transfer of associate justices. 3. Whien circlumstances of some other kind, or very important considerations of public order, require such transfers. S I'S1 SE NS-I ()N S. Amr. _149. Suspensions of judlicial officers shall itake lplace by a declisioln of the comtpetenit court in the following' cases: 1. Mhen it has beent lecl(are(I that there are grounds for criminal prlosecutionl against the same, for crimes committed in the excrcise of their duties. 2. 'When. for any other crfime they have been sentenice(I to ilhprisoninent, or to aii equivalent bondl. 3. 1 U, without previous imnJrisonncllt or bond, eithier corporeal or ciorrec-tional 1)ulishmeiit of the same has been (lemnalded by the depa'rtmnic t of pulblic prosecution. 4. When they haive received any dhisciplhinary puniishmenit for Serious acts which1 withiout conistituttinig crimes, comnprom~ise thie dlio'nitv of their officer and lower them in the lpublic estceni. 5. Whien thbe suspension is (lecreed by way of (disciplinle. I ~esilin jugesof territorialI audiencias, oni their own-1 rC51)o11silbility,and Iiearing ti e chbain er of' ahdlinistration, may also suspeda exam ni ig or first-in st~ance.iudge, after lprocee(l ings iii which ther-e.appe-ars a request of suspension lby the, Gov-ernor-Genmeral or by th hierarchical sup~erior of the person concerned, or for aniy other sufficient groundls in lisjudIgment. The proceedings shiall. immediately be forwtarded with hiis rep~ort to the Gloverinnenit. 1mm this case, one of the following, three decisions is possible: 1. Remnoval of thme suspension. 2. Transfer of the personl interested. 8. D~ecision of (lismissa-l. InI the latter case the P~rescrilptionls of article 1156 shall be observed. _A urT. 150. III the Iirst three cases of the preceding article the court hiaving cognizance of the cause shall order time suslpension in time samie (lecree which sets forth time ruling, therefor. 51 In the fourth case thel clhamber of administration of the proper andiencia shall order thle suspension of judges, secretaries, and vicesecretaries; and the clhambler of administration of the supremle court of associate justices. For this purpose they shall resolve tlhemselves into chamlers of justice ald1 sllall call up tile facts relating to the penalties ilmposed. In tlhe fifth case the penalty shall be ilmposed by tlle court or the chamber of administration to Awhicl the cognizance of tle offense that gives rise to thle disciplinary penalty belongs, convening for the purpose as a clhamber of justice. In the last two cases the officer concernedl sliall be given a, hearing either in writing or orally, if he appears on summons issued to him. AmT. 151. Tlie suspension sliall last: In cases 1, 2, and 3 of article 149, until a sentelce of acquittal llas been pronloulced or a suspension of proceedinlgs las been decided upon. In case 4, until anl acquittal has been declared or reffised. In case 5, during' tle whole period fixed in the sentence of discipllinary pelialty. ART. 152. A disciplinary suspenlsion of judicial officers, with the exception of tlose serving in Ilabana, until they are tranisferrred to otlier points, sliall be proper in the following cases: 1. When they imarry a woman born within tlie subdistrict (partido), district (distrito), or municipal district in whlich they dischlarge their duties, except whenl the birth llas been declafred as llaving takenlplace durinlg tle temporary residence of tlhe mlother, by the Colonial i)epartmenlt; or when they marry a woman who residles or owns real estate in tlhe localities in (question, or when real estate in those localities is owned by ller relatives in a direct ascendillg or descending line, or collateral relatives to the second degree. 2. When by their own acts, or by tlhe acts of tleir wives, tley have acquired real property in tlhe said territory; but not when they have acquired said p)rolerty by inheritance or by the acts of a third party. ART. 153. The susp)ensiion in tlie cases specified inl tle preceding article shall be decreed by the chlamber of administratioln of the supreme court when associate justices are involved, and by the cliamlbers of administration of auliencias when other judicial officers are concerned. lll both cases they slall convene for the purpose as chambers of justice, slhall summnon the persons interested, ad, if tley appear, slall give them a hearing in writing or orally. ART. 154. Ini cases 1, 2, and 3 of article 149 thle susl)ended officer shall draw one-half of his salary. In cases 4 and 5 of tlhe same article and in those specified iln article 152 lie shall not draw any salary at all. ART. 155. Wlhen the suspended officer is ac(uitted in cases 1, 2, and 3 of article 14!9 lie slall be credited tlle part of his salary which be may nlot have drawn during his suspenlsi)on. 52 D ISMi SSA LS. ART. 156. lDismissals shall be miade wheni, iii the opinion of thle Government, the officer concerne(d takes part in political affairs other than casthig his electorcal vote.I In ev.ery case proceedlings shiall be instituted, in which shall1 be heard the Governor-General and the respective presidling judge and fiscal. if n asocatejustice is involved, the chamber of a dministration of the supreme conrt shall also be heard. The person interested shall always be given a hiearing" who shall have, besides,a riglht to the (oItcessioil of a resnbetiencsar for his defenise. Until aii officer h~as been lpersoImally notified of his dismissal the steps taken against himi shiall be considered as a mere suspension. ('~iiixvmi W. lIEI EM NTwriTi ILPEN SI(N. AiZTr. 157. Judicial ofihcers5 who are physically ori- menltally incapacitatedl for the service shatll be retired with lwensioli. ART. 158. The fodlowing, officers may be retiredl withl pension onl their request or by the decision of the Government: Associate justices who heave reached the age of 70 years. Other officers who htave reached the tage of 65. ART'. 159. When a retiremnent with pension is not made at the request of the person intei-ested ta hearing, mnnst be given to the stai(d officer ini the administr-ative proceedings instituted for the pum-pose, if based on the canises specified in article, -157. AwT. 160. Judicial officers shall have at their retirement the pay to which they are entitled according, to their years of service, in the sanme termns ats those who drtaw an equal salary iii the other careers of the State, adding to the samte the iiicrease of eight yeai-s which corresponds to them by virtue of the career. AmrU. 161. Officers retired with. pension on- accounmt of incapacity caused by ini juries received ini the acts of service or as a conseqnence of the service shall enjoy: The full salary whichi they (flew in active service, if they itad served for twenty yeaCrs in the judicial or 1)Lbiic prioscu~LtionL careers. Four-fifths, of the said salary, no matter what miay be the number- of years of their service. AiuT. 162. Officers wvho are retired with p~enionioiLOL account of intcapacity before reaching 60 years may be 1reiist-atedl and retritr to the service, p)rovimig that the cause for the i-etireiiment has disappeared, amid after the council of State has been heard. R~einstated officers shall continue to draw the salary behoiigimmg to thienias retired othicers with pension unitial they atre giventa nlew position. 53 TITLE V. JUDICIAL LIABILITY CHAPTER I. CRIMINAL LTABILITY T F J I'I)ICIAI, OFFICERS. ART. 163. Criminal liability may be required of judicial officers when they infringe laws relating to the exercise of their duties in the cases specifically provided for in the penal code, or in other special laws. ARtT. 164. The trial of judicial liability against a judicial officer can only be instituted: 1. In virtue of a ruling of a competent court. 2. At the instance of the department of public prosecution. 3. At the instance of a person qualified to appear in court. ART. 165. When the supreme court, on account of lawsuits or causes of which it takes cognizance, or by reason of the inspection or supervision which it exercises over its subordinates, or by any other neans, is informed of any act of a judicial officer which may be classified as a crime, it shall order the institution of an action for its verification and proof, first hearing the (lepartmen1t of public prosecution. ART. 166. The provisions of the preceding article shall be extended to andiencias in case the act which may be classified as a crime comes within their jurisdiction. If it should not come withiln their jurisdiction, they shall bring to the knowledge of the court of competent jurisdiction the facts, witl the circumstances that may be useful in the proceedings. ART. 167. Judicial officers shall limit themselves to informing the fiscal of the audiencia of the territory to wlich they belong of the facts and data the ay ay ave, in order that the latter may bring the proper criminall action, or cause it to be brouglit by anotlher fiscal if the delinquent belongs to a different jlrisdictionl. The above-menltioned officers shall also inform the presiding judge of the andiencia of thle case, stating that they have already brought it to tlhe knowledge of the fiscal. ART. 168. The department of public prosecution may institute criminal proceedings: 1. In the execution of a royal order. 2. In virtue of its duty to promote thle discovery and punishment of crimes. ART. 169. Tlhe royal order which incites the department of public prosecution to institute proceedings shall specify the fact or facts tlat are to be cause of judicial actions. ART. 170. Whenl the royal order commands proceedings against a judicial officer it shall be forwarded to tle fiscal of the anudiencia of competent jurisdiction. ART. 171. The fiscal of the supreme court, when lie has knowledge of any fact which gives rise to demanding liability of any officer of 54 those.mentionedl in the precedling article, shall. issue an order to prosecute the said officer,diretn sodr otefsa fthe proper taudienlcia, with thle instructions hie may think proper, reporting this action to the colonial departmien t. ART. 172. The -fiscaics of the afudieici~as, aftter receiving firom the supreme court the order comiminadinig tliei to institute a cause against,judicial officers, siliall miake thle complaint which maybe proper according to law. Fis~calces of -audliencias shall also make the correspondidng denmuinciation without requiring a conmmandl fromt their hierarchical superior or the (Governmenit whenever they learnt of any c1-rime comiiittedl by a Judicial officer. ART. 1,73. In the (cases in which. fiscaics~ of andlielncias have knowledge thrat any associate justice has lbeeni guilty of aii offemise, they shiall inforni the fiscal of the supreiue court, who shall proceed to institute the acWtion if lie deems it p~roper. ART. 1-74. The representatives of the department of public lprosecutioii shall make to those of the audiencias to which they are asshiged the same denuniciation lprescrib~ed iii the p)reee(iiiig article relating to crimesC comimittedl 1y.1udicial officers. ART. 1715. fin order that an action may be institlltedl with the object of exacting criminal liability of judicial olhicers, in. the third (case of Article 1(4, a p)relinmin~ary p)rocedluie mutst, first take lplace in aclcor-dance with the proceedling's established lby the law on criminal lprocedure, and at declaration stating that there are grounds for p)rosecutinig tile This declaration does not accept their g'uil~t. ART. I 7(;. The same court which, in a, lrolpei case s-,hould takde cogrnizance of thle c~ause, shall a iso take c-Iogiizanice of thle prehimninary 1)10 -cedure referred to lin the preceding article. CI'IAi~,rI"n: 11. CINiTi LIABILITY OF1.JUDICIAL OFICEJI(E~S AR.177. The civil liability of~judicial. oflicers shall be limited to thle p)aymnImt of thle coniputable loss and (lamnage whicht they may caus'e individuals, corporations, or the State, whieni in tile discharge, of their (Pities they violate laws through inexcusable negligence or ignortance. ART. 178. As comlelltable (laliages for the inteuts and Ipirphoses of the precediiig article shtall be understood tall daiiages which may be aIphraised iii (currency,. accordiigr to a reasomiable estimate of the courts. ART. 179. Negligrence or ignorance shall be held as inexcusable, whene~,,ver there has been i-ade, even unintentionally, a ruling0 Mnanifestly contrary to law, or whenever there has been nieglected any step or formality which has been ordlered to be observed under the pain of' nullity. 55 ART. 180. Civil liability may be only exacte(d at the instance of tle party prejudice(l, or his legal representatives ill an orlinary action, and 1before the courlt imllmediately superior to tlat wllich lias inlcuirred the samle. AlT. 181. An exactionl of civil liability caln not be lmade nlltil the sentence whlich has been rendered in tlle cause or suit which is supposed to llave caused d(mainge is Unal. ART. 182. An action of civil liability (;can not be instituted b)y the lperson( who, altllollgl lie could lbhave donie so, did not lmake objections at, tlie prop)er time during thl tia t'il. iln (o:) case sllall a sentence prolnounced ill an tactioll of civil lial)ility alter a final sentence. TITLE V I. POWElRS OL' SUPElIOI() AND INFEli'OR CO('()UIRTS. IPO)\W E'S )1 MUNICIPAI,,llTjIv)ES ANI).II llST'ICES (1' TI1', PIEA('4'. AIlT. 1. 1. icipal jludges aLi justices of tl i)eace, slhill liavel loer: 1. To take part in effecting acts of conciliation. 2.> To exercise a volunltary jjm'isdictionl ill tlie ca.ses foi) wlicll tley are expressly autlhorized lby law. 3. To take.ognizance in first instance and inl oral trial )f compllaits which do not involve more thalii 200 p)esos. 4. To dic/tate preliminar1y rulinggs in testalmentary matters or intestate successions, whienever it is lpro(l)(r accor(ling to 1.aw, in towns wlere there is no court of first instance, until suchl court takes cognizance of tll s:ame. -By p)relimlilnary rulings for thle purposes of' tllis article shlall be ulnderstood tlose tlhe olbject of wllich is to pl)ice ill securtity tlhe Iropelrty of inlleritances andl t)o provide for everythiil,, wlicl atldmits of 1o delay. Wihenever municilpal judges or justices of tile lpeace take palrt ill these proceedings they sh1all imlmediately reIlort tlhe fact to the colurt of first illstance, to wlichl they sllall forward col)ies of tlle p)roceedings they nmay lhave institutedl. 5. To nmake, in cases relquiring ta decision wvliicll ccan n ot be delayed without causing d(amIage to the ilteresteld p)arties, 1provisiollll rlliigs, reporting the meatter to tle court of first instanle and senl(ling tlie datai at tlhe same time. i;. To carry out the auxiliary colmlissions whlicll a:re int listed to theim by judlges of irst instance or l)y audiencias. 7. To take cognizance of the otlier actions talt are intl'llstedl to tlhe' by law. ART'. 184. lil penal lmatters muntlicil)al.juldges or justic(es of tlie p1eaee shall btave tlhe power: 1. To tlake cognizance of offenses ill irst instance. 536 2. To take a preventive preliminary action in criminal causes. 3. To carry out the auxiliary commissions intrusted to them by examining judges, judges of first instance, or by audiencias. CHIAPTIER II. PO()0EIllS 0F EXAMINING AND FIRST INSTANCE 1JUDGE,;S. ART. 185. Examining and first instance judges shall have the power: I n civil matters, to discharge the duties which are expressly assigned to them by law and the commissions with which they are intrusted by audiencias for carrying on certain proceedings. Ini criminal matters, to make the preliminary examiniations in the causes and to institute the other proceedings referred to them by audiencias. In civil and criminal matters, to discharge the auxiliary commissions addressed to tlem by other judges or courts through the proper audiencia. CHIATER III. PO\ WERS OF AUDIENCIAS. ART. 18G. Tlie civil chambers of audiencias shall have tle power: 1. To decide questions of comlpetency raised in civil matters between municipal judges or justices of tle peace of their districts belonging to different subdistricts. 2. To decide questions of competency in civil matters between judges of first instance of their district. 3. To take cognizance of recourses of coercion in civil matters raised against ecclesiastical judges, either subordinate or chief (subroganeos 6 mnetropolitanos). 4. To take cognizance on appleal for review only (llnica instancia) of ilnterlocutory issues (incidentes) in civil matters when they relate to challenges of their associate justices. 5. To take cognizance in first instance of actions exacting civil liability instituted against municipal judges, or justices of the peace, and judges of first instance. 6. To take cognizance in second instanceOf civil causes and matters wlhich were in first instance taken cognizance of by judges of first instance of their territory. ()f interlocutory issues in challenges of judges of first instance. 7. To aid in tlie adminlistration of justice in civil matters whenever such aid is demanded of them by other judges or courts. ART. 187. Besides tlie incidental issues, tlie cognizance of which the law on criminal procedure assigns to the competency of criminal chambers and audienlcias and to territorial audiencias, they shall also take cognizance: Criminal chambers and audiencias, of all the causes for crimes committed within their respective provilice or limits and belonging to the 57 ordinary jurisdiction, with the exception of those which are at the time being taken cognizance of by the supreme court, and with the other exceptions prescribed in this decree-law or in special laws. Criminal chambers of territorial audiencias of causes referring to crimes committed in the exercise of their fun(ctions, within their respective territory: 1. Bly provincial deputies. 2. By members of municipal councils in the capitals of provinces and towns where there is an audiencia. 3. By administrative authorities of the said towns, with the exception of the civil and military governors. Territorial audiencias in bane shall take cognizance of causes in all classes of crimes committed by auxiliary officers of the department of public prosecution of the criminal audiencias. TITLE VTII. AUXILIARY OFFICERS OF SUPERIOR AND INFERIOR COURTS. ART. 188. Under the denomination of auxiliary officers of superior and inferior courts there shall be understood: Judicial secretaries. Judicial archivists. Officers of chambers. Recording clerks (cscribanos de actuaciones). Clerks attending as witnesses (actuarios testigos de asistcncia). CHAPTER I. JII)ICIAL SECRETARIES. ART. 189. There shall be secretaries: Of municipal courts or courts of justices of the peace. Of examining courts. Of chambers of justice of the territorial audiencias. Of administration of the territorial audiencias. There shall also be secretaries and vice-secretaries of the criminal audiencias. SECTION 1.-Conditions co)mon to judicial sccretaries. ART. 190. In order to be a secretary of whatsoever class or denomination it shall be necessary: 1. To possess the qualifications required by article 73 of this decree law for the offices of judges and associate justices. 2. Not to be included in any of the cases of incapacity specified for the same in article 50. 3. Not to accept any of the offices-or employments which are incompatible with judicial functions according to article 75. From this provision are excepted the secretaries of municil)al judges or justices of the peace, in the cases specified in this decree-law. 58 ART. 191. Persons whbo have anytlhing to dlo with proposing and appointing Judlicial secretaries shall take care to ascertain whether thle candlidates po0ssess thle (tuahih catioits required by this (lecree-law, or whether for anyv cause whatsoever they are incaptleaitated to accejpt the j)osiition to be tilled. ART. 192). In cases, of offices to lbe filled by copttv eaiatin the provisions of the foregohing article must be fulilled before the examiniations begin, only those personts being admnittedl to the same who are not legally disqu~alified. Those who have obtained incolitipatible employments or offices shuall be admitted to the examiniationis, if they declare tha. t in case they obtain the position they seek they will renounce the one which is incompatible wvithi the same. A JIT. 1,93. Holding otlices of secretaries of inferior or superior courts sliadl be a justifliable cause for being exelnltedl from the obligatory offices mentioned in No. 3. of article 190, thle express-, provisionis of artidles 76 and 7 7 of this decree Law wvith respect to judges anld associate justic-es, beig also ap~plic-able to JUdiCial. secretaries. ART. 1_94. Judicial- secreta ries, before taking possession of their o-ftices, shiall take an oath. to observer thle constitntiont of the State, to be faithful to the _Kinig, and to diligen~tly com-iply with the laws reflerring to the exercise, of their office. This oaith shall be takeim: IByI the secretaries or iunnIicilpal courts or o-f courts ofjsicsoth pea~ce aid~ eaiigcort, beflore thle jutdge whoimi they lare to assist. Ily the secretaries of chambers of justice of territorital andiencias, anud by the secretaries anid vice-scrertaries of criminial andiencias, before the chamber of audieniia in which thtey are to discharge their duties. By the secretaries of adininistiat ion of territorial audlielicias., before the chamber of adlImilistrationl of the respective audiffencia. ART. 195. The respective judges, or chambers shall inistall the secretaries in~to, their offices itiliediately after they have been sworn in. AIRT. 196). It shall be the duty of the secretaries of municipal. or courts of justices of the ipeace, examining couirts, an~ hmeso justice of audiencias, as well. ats of recording clerks (cscribanos (le3 (ctuacio'nes), and of clerks atedigas witnesses (actuar~ios testiyfo8 (IC asistcucia): 1. To aid *jIgs chmerad courts, according to their reslpective duties, in all that refers to the exercise of voluntary or- litigated jurisdiction in. civil aud~ criminal matters. 2. To keep secret all matters and cases they mimay have charge of which require it'. 3. To make notes in documents of the dlays and hours ~in cases in which the terms aie fattal (fattales), whene the p~apers are 1)resentedl to themi, giving( a receipt therefor. 4. To make notes, in a similar iiatnner, of the (lays oIL whicdh parties 59 take and return documents, arni dates on which they Iresent papers without returning the same. 5. To give Ca timely account of,all the claims which are lpresellte(1 to them in matters in which they take 1)art during the day's session, or at least that of the preceding day, being responsible for ninjustilbiable delays incurred by theii. (i. To draw up (correctly aiid to certify with their iiames proceeding s, ruilings, documents, andl seitteiice~s whiichI pass through their hainds. 7. To keep in their custody and to preserve with the greatest ca:re the proceedings of tria,-ls and~ the documents that are fia their chIarge. S. Not to give ally certifiedl copies or certiticates except by virtute of a rulino' of the superior or inferior court. 9. To always kfeep) up to date the books lprovide(I for in the regulatiotis. 10.. To be impartial to all who have business pendhing ill their officles. 11. To fulfill aell the other obligatiotis inllosedl upon thein by law andl by the provisions of the regulations. ART. 197. Secretaries of examining courts and those of chanibers of justice of audienicias, as wNell as recordingo clerks (cscrib~moio (ie (wtutac'toncs~), besides the obligations lprescribed in the precedinig article, shall have the iollowing: 1. To g-ive oral accountts whten ruling s on Il-ocedure,Ire iii questionl which do niot require cominllicatedl lrecedelits for their solution. 2. To give a wvritten account, with the greatest l)recisioll 1ossible, whent rufings on l)rocedutre tare inl (jiestioti which require written accotunts by reason of thteir lmnportamice, the volume ot 1)recedenlts, or the (difficulties which they hpreseut for their soluttionl. ~.To draw upl the judicial reports for the considerato fth cin (amid causes, whent considered both for interlocutory aliIl for, (efitlitive decisions. 4. To show fit the judicial reports whether the documents are in good state for deciding the article, avtion, or cause, or whether there is some. serious dethet which. must be corrected, as its omission might be a cause -for nullity. r. o show, in cases of appeals, whether the (lecisions offlirst instance, and, in cases of cassation, whether those of' secomid. instance were pronouinced within the period p)rov'idedl for by law. 6. To hput oit the margin of ruilings the surmiamnes of the judges aimd a~ssociate justices who meay have attended anid the nmmtes anid sntr~naes of the same on the margins, of documents and. (lecisions. Io T ilicorp~orate ill the minutes of considerations the (lay s of th eir duration, the number of hours employed each (lay, anid the namues and surnames of the (lefendants who,attended theni. 8. To see that there is nio ruling left without bebing rubricated by the pres~iding j udge, of chia tber, nor a-miy (locunent or decision without that of' those who take part in niaking them. 60 9. To draw up and countersign royal writs, letters, or dispatches after they have been signed by the presiding judge of the court and the associate justices whose duty it is to do so. 10. To regulate costs according to the schedule of fees and bills of lawyers inl cases in which a l)arty has been required to pay them. 11. To fulfill tlle other obligations imposed upon them by laws and the provisions of the regulations. ART. 198. Judicial secretaries shall reside iii the town in wlhich they perform their duties. They can not absent themselves without leave granted tlem by tle judge or the presiding judge of the respective court. Those who absent tllemselves without leave shall suffer a disciplinary correction; and if tley are absent for three months or more, or if they do not appear upon being summoned, they shall lose their office. ART. 199. The regulations shall specify: 1. The days and hours on wllich offices of secretaries and clerks slall be open, which shall appear on a placard posted on the outside of their offices. 2. The number of books that slhall be kept by secretaries and clerks, and conditions regulating them. 3. The manner and time fixed for making inventories of the books and papers. 4. Tlhe method of distribution of business among secretaries and clerks of tlhe same inferior or superior court. ART. 200. Judicial secretaries shall be transferred, suspended, or discharged from their career, or retired, for any of the causes specified in Title I V of this decree-law. ART. 201. When, because of extraordinary or unforeseen circumnstances, the number of secretaries necessary for thle administration of justice and for thle transaction of adlministration business is lacking, tlhe judge or the presiding judge of tlie court shall appoint one or more if tley are necessary, giving immediately to tle (Governiient ani account of the causes which rendered said appointment indispensable, which slall be only of a tenmporary character. ART. 202. Secretaries of courts of examination in considering actions and causes and in all solemn acts shall wear black clothes. Secretaries of al(diencias shall always use a lawyer's gown without any other distinctive mark. SI:('TIOXN 2.-Secrtaries of nmuiicipal courts or of courts of justices of the peace, ART. 203. In each munici)al court there shall be a secretary, wlho slhall certify all its acts, and a substitute for cases of vacancy, sickness, absence, incompatibility, challenge, or any otlier impediment of the secretary. ART. 204. For employment as secretaries of municipal courts or courts of justices of the peace, preference slall be giveni to those who 61 have some legal knlowledge acluired in professional studies or in the tralsaction of judicial business. ART. 205. The secretaries of municipal courts or of courts of justices of the peace, and their substitutes, shall be appointed by judges of first instance from among three persons proposed by the municipal judges. Their emoluments shall consist of the fees fixed by the schedules of judicial fees. ART. 206. The office of judicial secretary, and of his substitute, of municipal courts shall be compatible with ally public employments or offices the duties of which may be conciliated with it il towns, the population of which does not reach 500 ilnhabitants. In those where the population exceeds this number such offices shall be incompatible with any employment, office, or commission paid by the Government, by the province, or by the towns. SECTIO)N 3.-Secrctaries of courts of c.ramination. ATz2. 207. There shall be eight positions of judicial secretaries for criminal affairs in Habana, and two in Stan Juan de Puerto Itico, two secretaries being assigned to each court of examination.. These oflicers slall have the rank and draw the salary ot judges of first instance of the entrance category. The costs which, were they not salaried, tley would receive according to the schedule of fees, shall be turned into thle public treasury, on the proper paper for payments to the State, as fast as they are collected. ART. 208. Secretaries of courts of examinatioti shall replace each otlier in cases of vacancies, sickness, absence, incompatibility, challenges, or any other legitimate impediment. ART. 209. The clerks employed in courts of first instance shall discharge the duties of secretaries of examinaltion, tndl vacancies shall continue to be filled according to the regulations in force. SElCION 4.-SNecrctaries of territorial andielcias. ART. 210. There shall be in each a.udielcia one secretary of administration acting as secretary of the court i&l b(ane, of tile chamber of adllinistration, and of* the presiding j udge's office. ART. 211. Secretaries of administration slall be engaged exclusively in the administrative Imnatters of audiencias, without taking part directly or indirectly in matters of a1 litigative character, excelpt in directing themi in a proper way ill their relations with the presidling judge's office. ART. 212. Secretaries of administration shall furthlermor e be obliged: 1. To preserve the seal of the court. 2. To seal aind register royal writs, letters, and dispatches which the court orders to be issued to the parties concerned or officially. 3. To keel) an exact register in which tlhe documents melntioned in the preceding -article shall be copied literally, and not to give any copy of said docmments without la written order from the court or from one of its chambers. 4. To take chargne of the aIrchives of the court iii the character and capacity of kee'per of' archives, with the powers, and liabilities of that office iii courts where there is nio special. keeper of archives. 5. To take charge of the library in the courts- iii whichl there is no keeper of archives. ART. 213. The G~overnmenit mnay create the office of vice-secretary of administration iii anmy audiencia whenever the a-tccumula1tion of business reuders such course necessary, or advisable. ART. 214. It shall1 be the duty of vice-secretaries to relplace secretaries in cases of vacancies, absence, sickness, or an~y legal impedintent occutrring ini particular cases, anul to assist them i ii all that refers to the discharge of their duties, iii accordance with the (listribution of the business of the secretary's office. ART. 215. Vice-secretaries, officials of the secretlary's office, aind clerks paid out of the buidget, and t~hose of either class who are 1)aid fromi the appropriation. for mnaterial, shall lbe uenler the (lirect orders of the secretaries atnd jpresi dii ig judges. ART. 2~6. The officers and clerks of a secretary's office, pa,.id out of the budget, shall l)e sub~ject in their aJppointment an~d qualiticatioiis to time genieral rules,, fixed -for 1)ublic emp~loyees nuder the samec conditions. Those who draw their pay fromt the appropriation for material, as assigued to thiem lby thie internal regulations,, of the secretaOry's office, imay be freely tappointed, suslpended, or discharged lby tlie p)residing ~judge of time reslpective court. 5v, (TIO N' 5.-SeCer('hfrCs (tfl d r i((?-secr(arie of ()rimfinalU 1 Ud(inc~io,. ARZT. 2174. In, each crimuimmal atudiencia there shall- be a secretary anmd a vice-secretar y, whentever the nteedls of the service require it. Ain.!218. TfJ1e vice-secretaries shall p~erfornm the duties of the secretaries whmeii they aire assigned to a particullar chtaiber or section, and whien they (10 imot attenid the latter, besides substituting thena inl cases of vacancies or imlpedimnents. The fees fixed in the schedules for secretaries and vice-secret-aries shall be collected ini paper and tlirne(1 into the treasury. ART. 219. The presidling judlges of courts shall appoinit lawyers as substitute secretatries to replace reguilar secretaries inl cases of vICacancies or imulpe(limnlits. Lawyers actiiig as substitutes shall have thcn same privileges as are gramited to substitutes of the department of public 1prosecution. In case of urgent necessity, courts in suibstituting secretaries meay tavail themnselves of the services of officers of chamber who are lawyers, or who are qualified to perform the duties ofinotaries,7 or of the services of ammny secretary of a.n inferior court. (') 3 ARCHLIVISTS. ART..220. lii suich audiencias in whichI the office of keeper of archives is considered by the (Governiment to be necessa~ry or convenlienlt onl ac~count of the implortatince and extension of their archives, there shall be an archivist with the sutbordinate emplloyees necessary for the en-,is todly, Jpreservati on,,andl classification of documeneits. ART. '2d21. Archiivists shall be lproposed in ternary by the chamb~er of administration of the respective audeiencia, and shall be apilelb the colonial,1 department. ART. 222. Court archivists shall htave notarial Cauthority in certificates which they may issue, relating to recor(ls on tile in their tarchiives. They can iiot issue thieifi except by -virtute of la Judicital ru-ling- or by order of the p)residiing judge, of the couirt. ART..223. lIn courts which hiave Ia library it shall be under the(, ('are of the airchivists. Al;T. 224. The employees of juidicia-(l atrchives of courts shall be iiiider the direct ordlers of the atrchivists 81n(1 the latter under those of' the p~residling judge of the court. AnT. 225. The archivists and the employees of' archives shall have a fixed salary-. The fees flor the certific~ations they may issue shahl be collected in paper and turnled into the treasury. OFFICERS OF (IIAMIEAZ. ART. 2216. lit every audincucia there shall1 be officers of chamber. ART. 227. It shall be the dutty of ofic-ers of chamber to issue suimiiiois, itaios and notifications, attachments collectio-n of (leerees, tand other ditities which should niot ftake lplace in the presence of' the c~ourt, and which a,-re lpectliiar to tile court to which said officers lbelong. To assist the presiding judge of tile couirt and~ thle pr1esiding -judges of chbambers, under' whose orders they am-c, to carry out those relating to the judicial service whichIt may be given them. To attend couirt roomis whenever tile priesidilig judlge of the chamber to which. they belong orders them to attend on acctount, of special circumnstamices, taking care that pei'soiis attendinig the court preserve order -andl decorumn. ART. 2128. Officers of chamber shall belappointed by the G~overnmuent on the recommendation of the respective coui'ts. ART. 2.29. lIn order to become an officer of chamber, a canldidate must be, a lawyr orhvIopee and qualified him-tself'fin studies required f-or offices of' puiblic certification, or possess a knowledge of judicial practice relating to the office hie is to fill. The latter qualification shall1 be Proven by examination before a hoard composed of three secretaries of' chamber appointed by the presiding judge of the mespective court. 64 If there should not be this nunlber, it shall be colmpleted by attorneys practicing in the locality. ART. 230. Officers of chamber shall be sworn in at a publlic session before the proper court. ART. 231. The formula of the oath of office taken by officers of chamber shall consist of the pledges to be faithful to the King, to observe the constitution and lavs, and to satisfactorily perform the duties of their offices. ART. 232. Officers of chamber shall be paid the salaries provided for them in the budget. Tle fees that are assigned them in the schedule of fees shall be collected in paper and turned into the treasury. ART. 233. Officers of chamber shall not leave the capital except in cases when chambers of audiencia or extraordinary chambers are convened outside thereof, and always by a special ruling of the presiding judge of the audiencia. ART. 234. Suspension and discharge of officers of chamlber and secretaries of municipal or courts of justices of the peace may be decided upon by the presiding judge of the audiencia or tlhe judge of first instance of the subdistrict, respectively, subject to the provisions of Chapters II and III of Title IV of this decree-law. Presiding judges of audiencias slall report to the colon1ial departmerit of the use they may have made of this power, in order to arrive at the fiial decision which may be proper. CIIAPTErI IV. Section 1.-Recording clerks (cscribanos de( (tcltacionees) of Cuba and Puerto lico. ART. 235. Every court of first instance of the final category of the island of Cuba shall have at least six recording clerkships (cscribanias de actuacioncs), three of the prolnotion and two of the entrance category, without prejudice to increasing said number after proceedings, ill which the necessity of new appointments is demonstrated by a judge or by the respective chamber of administration. In Puerto Rico the number of clerkslips in each court of first instance of the final category shall be three, and in those of thle promotion or entrance category there shall be two at least. ART. 236. The present clerkships shall be retained, although they exceed tle number fixed in tile foregoing provisionls; but vacancies hereafter occurring shall not be filled until the prescribed number remains. Matters of legal procedure pending in a clerk's office or oflices that shall hereafter become vacant shall be turned over, after an inventory is made, to the general distribution of civil affairs, the arcllives remaining in the office of the secretary of administration of tlhe inferior court to which they belong. ART. 237. In towns havinlg several inferior courts, wlenever any of the same has a number of clerks exceeding by more than one the numn ber existing in the other inferior courts of the same place, the chamber of administration of the audiencia shall transfer the clerk last appointed from the court with the greatest number of clerks, to the court with the smallest number. The transferred clerk shall continue to perform his duties relating to the matters which have been apportioned to him before the transfer and which are in course of procedure. The presiding judge of the audiencia shall make a report of these transfers to the general direction of grace and justice of the colonial department. ART. 238. The recording clerks oftices of courts of first instance of said islands shall be filled by colmpetition on the recommendation in ternary made by the chambers of administration of the proper territorial audiencias. ART. 239. When a vacancy occurs in an office of recording clerk the proper judge of the subdistrict shall state to the chamber of admiinistration of the audiencia of the territory whether he considers filling the vacancy in question as necessary or not. In the former case, when the vacancy exceeds tile number fixed in article 1, he shall state to the chamber of radministration the grounds on which his opinion is based, reporting the number of clerks on duty at the court and attaching a statemlent of the judicial business, civil, criminal, as well as administrative, of which he took cognizance during the last two years. In view of this data the chamber of administration shall submit the proceedings with its report to the colonial department in order that the latter may decide whether the vacancy should be filled or not. ART. 240. When it is thought necessary to fill an office of recording clerk the decision shall be communicated to the presiding judge of the proper audiencia in order that the latter may advertise the competition in the official newspapers of the island to which belongs the court in which the vacancy exists, to enable those desiring to obtain the position to present within the period of thirty days, counting from the publication of the advertisement, their petitions in writing to the judge of first instance of the subdistrict. ART. 241. If the vacancy does not exceed the number fixed in article 235 for each inferior court, the presiding judge of the audiencia shall publish at once an advertisement for the competition in the same manner as determined in the foregoing article. ART. 242. In order to be a recording clerk the following qualifications are required: 1. To be a Spaniard and a layman. 2. To be over twenty-five years of age. 3. To be of good moral character. 4. To be a lawyer or to have passed the course required for the notarial career and to have obtained the proper certificate of fitness to 3007 —5 66 issue certifications for a notarial office, or to have served temporarily as recordilg clerk for tlle period of two years. ART. 243. Those who do not possess the qualifications mentioned in No. 4 of the foregoing article may also taspire to the office of a recording clerk, but candidates of this class shall be appointed only when candidates possessing the same are wanting, alnd shall fill the office only until the time when the position is souglt for by a person who possesses said qualifications, or until the vacancy is announced again, if sucl course is thought to be advisable. ART. 244. The following persons can not be appointed recording clerks: 1. Bankrupts or insolvents who have not secured their discharge. 2. Debtors to the State or to public fiunds, as taxpayers, or for balance of account. 3. Persons under criminal prosecution during the period thereof. 4. Persons sentenced t(o corporeal punishment until they obtain rehabilitation. ART. 245. The office of recording clerk shall be incompatible with the office of a deputy to the Oortes, provilcial deputy, municipal judge or justice of the peace, or assessor of thle same when acting as judge of first instance, alcalde or member of a municipal council, practicing law and with any office or employment which confers additional jurisdiction or is paid from the funds of the State, province, or munlicipality, or which obliges them to live away from their domicile. ARTr. 246. When the period referred to in articles 239 and 240 has elapsed, judges of first instance shall forward to tile presiding judge of the proper territorial audiencia the petitionls iad docnumients lpresented by the candidates, making a report on each one of tlhe same. AlT. 247. Tle cllamber of administration, in view of the petitions and d(ocuments received, and after procuring the data it may consider necessary witlh regard to thle morality, conduct, and diligence of the candidates, atnd taking also into account tlhe services which they may have relndered in the admlinistration of justice, slall submit to tlle colonial delpartment a recoilmendation) il ternary for the position to be filled, accomIp)anyiMg therewith thle p)ersoall records of the personis proposed aid an extract of tlhe records of the othler candidates. ART. 248. In making the recommendation tlie cltaiblers of ad(llinistration shall give plreereeece in the first place to those wlho are lawyers, and, if these are wfanting, to those who have passed and qualified themselves iln courses for thle offices of notaries aInd who have tlhe proper diploma. From amoniig several candlidates who served as recording clerks the prefrecfree shall be givenl to tle one who performned the duties of a clerk for tlme longest time in ani inferior court of tlle highest category. ART. 249. The appointment of recording clerks shall be ilade by the colonial department Itad must be given to one of tlhe persons recommended. 67 ART. 250. The clerk elect shall take possession of llis oilice within the period of sixty (lays without prejudice to re(lucing said )eriod if the convenience of the service delmadls such action. or to grant to appointees the extensions they may ask, which may be conceded if the convenience of the service p)ermnits of it, tlhe presentation of the credentials given the appointee beilg stfficient for taking lpossessioii of office after tlie orders of appointment llave been communicated. The appointee who does not present himself to take possession within tile designated leriod, shall be considered as renouncing the office unless he gives adequate written proofs of his impossibility to do so, in which case he shall be granted tlhe extension whichl may be considered sufficient. ART. 251. If an appointment becomes null on account of the failure of the appointee to appear to take possession of the office, the colonial department sllall make another appointment from amnong the candidates included in thle ternary, without the necessity of new proceedings. ART. 252. iecording clerks elect, before taking possession of their offices, shall take before the proper judges an oath of allegiance to the king and to fulfill all the obligations imposed on them by law. The oath of office having once been taken, a new oath for the oftice of recording clerk shall not be required. An appointee shall be given a certificate vised by the judge, stating tlhat he has been sworn in and has taken possession of office, and tlhe judge shall communicate this fact to the presiding judge of the audiencia, who shall report the same to tile general direction of grace and justice of the colonial department. Discharges shall be effected in the saite malnner, tlie cause being specified. ART. 253. Recording clerks slall substitute each otlher ill c:;ses of vacancies, sickness, absence, incompatibility, challenge, or other legitimnate iim)edimeiit. In every court there slhall be kept a: list of successors for these substitutions. ARTi. 2t54. iecor(ling clerks shall not draw any other pay thlan that which corresponds to thell accordilg to the scledules of judicial fees. Atl. 255. Recording clerks llay be disc:lhargedl inl tlie following cases after plroceedings, anld after hearing thle l)arties concernlel 1. When they are included ii any of the cases of ilcapacity established in article 243, or any incoil)lpatibility of tlhose specified in article 244. 2. When they have uldergone a disciplinary l)ultislment for serious acts, which, without being crilies, colln)romise the dignity of tleir office or lower them in the plublic esteem. 3. When they are declared civilly liable. 4. When, onl account of their vicious colnduct, their dishonorable bearing, or habitual iecgligencle, they (do not deserve to continue to fill their offices. ART. 256. The presiding jlldgce of the p-roper au(lieicia, if lie tllinks 68 it proper, and in view of the reports and data he obtains concerning the correctness of the alleged facts, may grant recording clerks a leave of four lmonths. If tlhe leave is solicited in order to leave tlle island, or for a greater period, it may be granted only by tile colonial department, or adlvnced by the (Governor-General in case of urgency and with the requisites prescribed for leaves of officers of the administration of justice. The (G:overnlor-General andl tle presiding judge of anl audiencia, il a proper case, shlall relort to the colonial department or to thle general direction of grace and justice of the same, the leaves which they advance or grant, slecifying tile reasons for tlle same, as well as of the leaves which they refuse; also stating tlhe causes for their' refusal. ART. 257. Notaries who are at the same time recording clerks, as they fill one of tlie alienatecd public certification offices, shall continue in the same under the rules established in tlis decree, preserving the power to renounce the judicial office in favor of the State. ART. 258. Recording clerks wlho are at the present time filling these offices in the character of temporary officers, shall also continue to performl tllem in the same character, being strictly subject to tlhe provisions of tllis decree-law. ART. 259. In the proceldure of filling offices of recording clerks which may be in progress in inferior courts or in audiencias at the time of the publication of this decree-law, the provisions of the same shall be observed, and said proceedings shall be submitted at the proper time to the colonial department with the proper recommendation in ternary. ART. 260. Recording clerks shall use as a distinctive mark in the acts of their profession a silver medal smaller than that used by judges, suspended from a black string witll a black pin with a silver thread, showing on the obverse the attributes of Justice and on the reverse the inlscription, "Fe pfiblica judicial." ART. 261. Recording clerks shall have the power to recommend to the chamber of administration of the proper territorial audiencia through tlhe same inferior court in whiclh they serve, and after demonstrating to thle said court the necessity of the appointment, a person to assist them in performing their dulties, and who must possess all the qualifications required by this decree-law for the performance of said duties by tlhe incumbent. Said auxiliary officers shall be applointed by tlhe chamber of administration, if their ability is considered sufficient alnd the appointment is necessary to assist tlie recordling clerk, under the guaranty and liability of tle latter, tlme remuneration for this service being charged to the recording clerk, whlo shall bhave the power to discharge his assistants freely and recommend others botll in case of discharge or resignation as well as in case of (eatlh. Tlle p)residing jludges of territorial audiencias shall report to the general direction of grace land justice of the colonial department the applloinltmenits and discharges of assistants to recording clerks. 69 SECTrIO)N 2.-Recording clerks in the Philippines. ART. 262. Notaries who at the present time discharge both duties in the capacity of regular incumbents filling offices alienated by mleans of the proper diplomra shall continue filling the office of recording clerks in the places assigned for their offices by their respective diplomas, as long as the vacancies are nlot effected in a natural or legal way, or as long as their resigiiation fromn thle judicial office is not accepted. ART. 263. Notaries appoinlted in accorlance with the law of February 15, 1889, or the decree of Septempler 16, 1874, nmay be authorized by andiencias, rel)orting on the matter to the goverlnlent accorldinlg to temporary provison number 5 of that law, to serve in commission and provisionally as recording clerks of courts of first instance where their notarial office is situated aid wlerever necessity demands it. ARTi. 264. Notaries, who iln accordalce with the provisiors of tlle foregoing article have obtained said autlorization, shall be relieved from said clerks' offices whenever ii tlhe judgment of the chambers of administration of the respective audiencias they can be replaced by persons wlio lhave completed tle course for tlhe notarial I)rofession Ot the University of Manila, or at any other university of the Kingdom, and possess tle first tlree conditions of article 242. If there be no such persons, they may be replaced by those possessing the qualification stated in number 4 of the said article, and if there should also be imone sucl, by tlhe persons possessing those of article 243. ART. 265. These apI)ointInmets shall be lmade by the presiding judge of the respective audiencias and shall be called temporary clerks, and taking into consideration the needs of each inferiorI court and after fixing the number of clerks for each one of them, he sl1all make a report to the colonial department. ART. 266. Where tllere are, o regular incumbents of alienated offices or notaries public, and neither is it possible to make tlhe temporary appointments referred to in the foregoing article, they shall be replaced in the exercise of tihe judicial office by those atteitling as witnlesses iln conformity with the laws and provisions in force at the plresent time. ART. 267. Concerning the organization and administration of recording clerks, offices, the personnel of the Philippines shall be subject to the provisions of the corresponding articles of tle oIregoing section. (ICHAPTER V. CIERKS A'TTENI)ING; AS WITNESSEIS. ART. 26S. In tlhe Philippine Islands justices of tlhe peace and petty governors (gobernadlorcillos), iii a proper case:, shall perform their duties in tlhe presence of one atteldihng witness, Nwho lmust be of age, in the enjoyment of his civil rights, ald be able to read:nd(1 write Spanish. ART. 269. AttendiMlg witnesses shall perlform the duties of recording clerks of courts of justices of the l)eace, subject to the prescriptions of the law oni civil procedure, alIl shall be appointed by the said judges 70 an(l petty governors, who may appoint a, differeint p(r0so1 for each affaIir of whtich thiey take cogniizanfce. ART. '270). Clerks attendiiig as witnesses sliall receive the fees fixed in the schedule of jidi(cial fees, which is niow or may hereafter be in force. rlTIT-LE YN-I H. SUBORI)INATE OFFICERS OF INFERIOR ANI) SUITPIERIOR COUTRTS. FIRST AND) LAST CHIAPTER-. _ARTr. 271. 1 iiOder the iiame of sabordlinate officers of sulperior and interior courts thiere shall be lnulerstoodl j an itors, constables, messengers, and off-ice attenda its. ART. 272. Tn each muinicipal), court or court of justices of the peace tliere shall be at least onie subordinate officer called a constable (aigrnacil); he shall discharge the various duties which are to be performed by subordinate officers accordling to the I)rovisions of this decree-law. ART. 273. It nuinicipal courts or courts of justices of the peace in which more than) one subordinate officer is re(quired, the judge shall recommend to the proper juldge of first instance the number and class of those that should be appointed; and the latter shall send the recoinmendation with his report to the presidingi -judge of the audiencia, whio shall decide what ihe may consider Iproper. ART. 274. The Government sliall designate the number and class of subordinate officers to be employed: By courts of examination and of first instance in view of the recommendation made by the judges amid the reports of the chambers of administration of a udienicias. By audienicias, in view of the iniormationi giveli lby the respective chambers of adminiistr aitoni. ART. 275. To be a subordinate officer of anr inferior or a superior court, it is necessary to be a Spfaniard7, over twentty-five years of age; to know how to read and write; to observe good conduct, anld 1not to have suffered any (corporeal or correctional pu-nishmneilts. A third part of the subordinate offices of each class in courts of examination and first inistancle, iu audieneias, shiall be filled by persons dlisclharged from. thre,army or navy, with a good recordl ii the service. AnT. 276. Examining judges, judges of first imistance, aiid presiding judges of superior courts shall appoint the subordiinate officers of their respective sui erior aind inferior courts. ART. 277. Wheniever a personi is aippoinited ais a subordinate officer who does not possess the (ualificlatiowll specified in article _275, hIis appointment shall be declared void lby the officer who may have made the same. ART. 278. Tf the officer wrho alplpointtel a subordinate officer without the necessary qualificatfio-ns dloes iiot declare the appoinltmenit voil, it shall be so decreed-I By the *judlge of first instanice, ihi thie case of subordinate officers of nmunicipal coirts. 71 By presiding judges of audiencias, ill the case of subordilate officers of examinillg and first-instance courts. By the presidinig judge of the supreme colrt, ill the cases of subordinate officers of audiencias. ART. 279. The janitors and constables shall fulfill all the obligations imposed upon them by tlhe laws alnd regulations; they shall obey tlhe orders they may receive froim ju(lges and lpresiding judges of tile courts and chambers to which they belong; they shall guard the chamber, assist secretaries of admlniistration and of justice, and officers of clhamber in the transaction of the judicial business, and in tlhe duties which they must perform iln carryilg out the orders of superior courts, and they can not excuse themselves fromn obeying them, without prejudice to their makiilg complaint to their respective hierarchical superiors of any offenses against them. ART. 280. Tlhe messengers a1nd office attendants shall have clharge of the mechanical work designatled by the internal regulations of inferior and superior courts, and sliall carry out the orders ot their superiors. Judges and presiding judges of superior courts manly appoilt them to perform the duties of janitors iand constables. ART. 281. The subordinate officers of audiencias shall leave the capital only by express orders of the presiding judge, in the cases when chalmbers of audiencia convene away from the same. ART. 282. Judges and presiding judges of superior courts shall establish the regulations for the service of subordinate officers in the manner they may consider most advisable. ART. 283. The subordinate officers of inferior and superior courts lmay be suspended and discharged freely by the officers who have the power of appointing them. There shall be no appeal from the decision of these officers. ART. 284. Tlle subordinate officers of municipal courts shall inot receive any other remuneration than that fixed inl the schedules of judicial fees. ART. 285. Tile Governmenlt, after hearing the examining or firstinstance judges, and the chambers of administration of audiencias, shall fix the amount which may be necessary to pay or comlplete the salaries of the subordinate officers of inferior and superior courts, when the remuneration assignled to them by law in the schedules of judicial fees is not sufficient. ART. 286. Subordinate officers sliall replace eachl otler ill case the number of these officers is insufficient for a good service, tlle provisiolls prescribed in this decree-law for judicial secretaries being observed. ART. 287. Subordinate officers of audciellcias, wlile in service witlin the court or when they a:ssist witl tile latter il plublic Jbusiness, slall wear the uniform plrescrilbed for them. 72 TITLE IX. GOVERNMENT AND AI)MINISTRATION OF SUPERIOR COURTS. CIIAPTER I. 'RESD1ING.IUDI)GES OF TERRIT( RIAI AITI)IINCIAS. ART. 2SS. The governmlent of audiencias shlall be ill charge of their presiding.judges. ART. 289. Presiding judges of audiencias, besides the powers and obligations whiclh are ascribed to them in other articles of this decree law, shall have the following ones: 1. To observe anid cause to be observed this decree-law and all other provisions which refer, respectively, to the duties they discharge. 2. To cause due order to be observed in courts by associate justices, auxiliary anld subordinate officers. 3. To recommend to the Government whatever they may consider necessary or advisable, in order to make the adminiistration of justice more complete. 4. To receive and send out the official correspondence. 5. To pass, with their reports, petitions, complaints, and consultations which the superior court in Ibanec, the chambers, and the associate justices of the court, its auxiliary or subordinate officers, submit to the colonial department, in conformity with the provisions of tlis decreelaw. 6. To convene and preside over the court in banse and over the chamber of administration. 7. To receive excuses for nonattendance of associate justices, auxiliary and subordinate officers, and to report said excuses to the proper presiding judge of the chamber. 8. To nlame the associate justices necessary to make up the requisite number for a given matter whenever the members of one chamber are not sufficient with those of another chamber, observing the greatest equality in this service. 9. To order oli all working days, at the hour assigned for holding sessions, that the court resolve itself into chambers of justice. 10. To preside, whenever they deem it lroper, over any chamber of justice without prejudice to doing so in the cases expressly ordered by law. In the court rooms, while presiding, they have the right to speak, while no other person can do so without their permission. 11. To take care that all the associate justices, auxiliary and subordinate officers strictly carry out their duties to communicate to them the orders which they may deem proper relative to the perforlallce of their duties, and to privately admonish those who show little diligence in complying therewith. 12. To call the fiscal to make such observations as they deem proper for the better administration of justice, relating to him and to his subordinates, without communicating directly with the latter, or restricting the liberty of action which is due the department of public prosecution. 73 Whenever they consider such action necessary, they may direct themselves to the Government, making such remarks relating to the department of public prosecution as they think proper. 13. To bring to the knowledge of the proper authorities offenses of associate justices which give rise to disciplinary puntishments, and to the knowledge of the competent court the crimes they may commit in the exercise of their duties. 14. To report to the Government the vacancies tha:t occur, the entering and leaving the office by associate justices, judges, and auxiliary officers of the territory of the court, whlen they are appointed, promoted, transferred, retired, or discharged, or while on leave of absence. 15. To hear complaints referring to the administration of justice, brought before thenm by the parties conlcerned in causes or lawsuits on account of delay of business; to adopt the measures lying within their power, and to report the same to the respective chamber whenever the importance of the matter requires such action. 36. Toappoint, besidesthe subordinate officers whom they have a right to appoint according to this decree-law, the employees of the secretary's office whose salaries are paid from the appropriation for material; to give them leaves of absence, and to discharge them at will. 17. To adopt the measures that are necessary or advisable to keel in good order and preservation the archives and libraries of superior courts. 18. To notify the persons wlho are to replace them whenever they themselves can not attend. ART. 290. Presiding judges of audiencias shall, besides, have the power to demand, personally, directly of the judges of first instance and examination and the municipal judges of tleir district, the lawsuits, causes, or proceedings that have been finished or carried to full execution, whenever the matter concerns the administration of justice or the State, returning them to the superior or inferior court from which said proceedings were taken as soon as the exairination which wvas the cause of their demand has been made. They may also order, after consulting the board of administration, visits of inspection for the purpose of examniiing the state of the administration of justice in anly particula:r superior or inferior court, whenever there are good grounds for dloing so, after hearing the administrative board. ART. 291. After presiding judges have ordered superior courts to resolve themselves into chambers of justice, they shall dispatch the correspondence and other business of their office, authorizing with tleir signatures tlhe communications that should not be directed with the signature of the secretary only. ART. 292. When the transaction of the affairs mentioned in tile foregoing article has been completed, the presiding judge shall give a hearing to the interested parties who desire to make a compllaint, proceeding, as is proper, in accordalnce with No. 15 of article 289. 74 ART. 293. No judge, associate justice, chamler, or superior court can submit directly to tlie colonial dlepartment requests referring to their office or to the affairs of the court to which they belong, except through the hierarchical superiors specified below: Municipal judges or justices of the peace, examining or first instance judges, through the presiding judges of the respective territorial audiencias. Associate justices of audiencias and their chambers, anld audiellcias in bane through the presiding judges of the same. Presidilng judges, in passing on the requests in question, shall state whatever they deem expedient concerning the same. ART. 294. From the provisions of the preceding article there shall be excepted the statements directed to the Government in compltaint against any of the hierarchical superiors mentioned in the said article, in which case this requirement and all that refers thereto shall be omitted. ART. 295. In cases of vacancies of the office of the presiding judge of an audiencia, and il cases of sickness, absence, or any other just impediment, the duties of this office shall be performed by the presiding judge of chamber of greatest seniority, without prejudice to the latter continuing to lpreside over his own chamber whenever the duties of presiding in the court permit it. CHAPTER II. PRESIIDING JUDGES OF (IIAMRE1RS OF AIU)IENCIAS. ART. 296. Presiding judges of chamber shall lhave the obligation to observe and cause to be observed the laws referring to the office they fill; to preside over chambers to wllicll they belong; to have the right of speech, no other person being allowed to have it without their permissioll; to take care that due order is preserved in their chambers, and to bring to the knowledge of tle presiding judge whatever tley deem advisable for making the adminlistration of justice more effective, and tlhe offenses of the associate justices when they think that said offelses call for a punishmlent not included within the limit of their powers. ART. 297. In cases of vacancies, absence, sickness, or any otlher legitimlate impedimeilt of a presiding judge of a chamber, he shall be replaced by the associate justice of greatest seniority of tlhe same. CHAPTER III. AlDMINISTRATION ANI) (;()VERIINMENT OF CRIMINAI, AUIIENCIAS ANI CRIMINAL (:CIAMB lllS OF TERRITORIAL AUlDIENCIAS. ART. 298S. For the administration and government of criminal audiencias their presiding judges shall have the following duties: 1. To observe and cause to be observed this decree-law and all the laws referring to officers who are compelled to do so by reason of their office. 75 2. To cause proper order to be observed in courts by associate justices, auxiliary all(l subordinate officers. 3. To receive anld dispatch official corresl)ondence. 4. To take care that all the associate justices anll auxiliary and subordinate officers comply with their duties strictly; to communicate to them the orders which they may deem advisable relating to the performance of the same, and to adimotlish privately tllose officers who show little diligence in the performance of their duties. 5. To bring to the knowledge of the proper authorities the offenses of associate justices which give rise to disciplinary punishment, fand to tlle proper courts the crimes committed by said officers while performing their duties. 6. To report to the Governmeeiit any vacancies that occur on entering and leaving the office by associate justices,.judges, and auxiliary officers of the territory of the court whellever these officers are appointed, promoted, transferred, retired, discharged, or granted leave of absence. 7. To hear the complaints referring to the administration of justice brought by the parties interested in causes on account of delay of proceedings; to adopt such measures which are within their power and to report these measures to the proper chamber whenever the gravity of the case requires it. 8. To appoint, besides the subordinate officers wlhose appointment is within their power according to law, the employees of the secretary's office, whose salaries are to be paid from the appropriation for material; to grant them leaves of absence, and to discharge them at will. 9. To adopt the measures that are necessary or convenient for keeping and'preserving the archives and libraries of courts in good order. 10. To preside over chambers of justice, having the right of speech, no other person beilg allowed to speak without their permission, and to cause good order to be observed in the same. 11. To bring to the knowledge of the Government through the presiding judges of the territorial audiencia what they may consider necessary or convenient for a better administration of justice within their territory. 12. To receive the excuses for nonattendance of' the associate justices and auxiliary and subordinate officers of the court and to cause those officers who are to replace them to be notified. 13. To make to the fiscal such indications as they may deem advisable for making the administrationl of justice more efficient without restricting the liberty of action which that officer elnjoys. To comrlunicate, whenever they consider such action necessary, to the fiscal of the territorial audiencia such mnatters as are considered to merit the notice of that officer concerning tlhe mlaner il which the duties of the fiscal of the criminal atidiencia are performned. ART. 299. For the transaction of administrative affairs, crimninal audiencias shall assenblel in committee in tfie follovwing cases: 1. To read orders not of a general character directed to thle court or 76 to its presiding judge when their execution is incumbent upon the court. 2. To dispatch the reports which the (Covernment or their hierarchical superiors request on matters which are attributed to the audiencias and which on account of their character do not belolng to chambers of justice. 3. To exercise disciplinary jurisdiction in the cases provided for in this decree-law. 4. To discharge the other duties intrusted to them by the laws whenever they are not of a judicial character. Chambers of administration shall convene regularly at least once a week on the day fixed for the purpose, and extraordinarily, whenever the presiding judge deems it necessary, and always before or after court hours. The weekly session may be omitted only wheni there is no business pending. When the.fiscal can not attend these meetings le shall be substituted by the person who is to serve in his place. These meetings shall exercise disciplinary jurisdiction over municipal judges or justices of the peace and judges of examination for offenses relating to their duties in criminal matters and over auxiliary officers of the court. The disciplinary jurisdiction over associate justices of criminal audiencias and chambers shall belong to the chamber of admninistration of the supreme court. ART. 300. In each territorial audiencia there shall be a criminal chamber, but it shall constitute together witl the civil chamber only one court, composed of one presiding judge, one fiscal, and the presiding judges of chamber, associate justices, and auxiliary officers belonging to each one. ART. 301. Criminal chambers of territorial audiencias may be divided, if the number of the personnel composing it so permits, into two or more sections, considered necessary in. order to render the administration of justice more prompt. ART. 302. Criminal chambers nd audiencias shall administer justice ordinarily in tle capital of their respective province, circumscriltion, or territory, but extraordinarily and accidentally they may, by decision of the presiding judge, convene in court inl other towns in order to facilitate the holding of trials and securing the evidence which must be procured in connection with the latter. ART. 303. The presiding judges of territorial audiencias shall order that the associate justices of the criminal audiencias of their territory render service by turn in other audiencias of tlhe same, whenever the number of associate justices is incomplete and it is impossible to replace them by substitutes. 7 7 TiTILE X. COMPOSITION. AND) POWEiZ1', 8 O AUJT)IENCIAS. ART. 304. Audienicias shall coiivene in banc 1. To constituite themselves into chambers of Justice. 2.For actions not haviin, a judicia caratr AuT.n 305. Audienicias shall conveiie 'in ban~e 'as cli~amblers of ju1stice ini the cases expressly established ini this decree-law\. AnT. 306). Whienever andiencias convenie in bane as chamibers of justice they shall conforin to the iprovisions of law establishedl with regardl to the latter. ART. 307. The presidling judges of audienclias shall ap~point auxiliary alJ~lsumbordiniate officers, respectively, -who are to assist the c.1ourt 'in bane resolv~ed in to a chamber of justice. ART. 308. Audhentchis may coniveniein bane,, for actions niot of ajadicial character in the following cases only: 1. To decide what may be proper with resp~ect to the execuitiou of the aplpointment of the various officers, to swear theni ini, and to give them possession of their respective offices. 2. To furnish the reports ask-Ied of them by the Government on legislative reforms, which are or should be appliedl by thie judicial power, or onl other points that bear a more or less direct relation to the adminiistratiou of justice. 3. Whenever it is titus decidle(I by the chaluler of adudinistration for deliberation on any serious matter. 4. Wheuever for the same purpose the presidinig judge issues orders to this effect. ART. 309. For the sessions of the court in banec treate(1 of in the foregoing article, all the associated justices shall be cited by order of the presiding judlge with sufficient notice to giv-e them time to attend. The fiscal shall likewise be cited, who shall be represented by the teniente fiscIa~l or by the person who acts as his substitute, whenever he is -unable to attend for just cause. ART. 310. The category and seniority of each associate justice shall determine the preference to be given him in the seats. The fiscal, or the person attell(Thing as his substitute, shall occupy the place which is assigned hdin in the part treating on the department of public prosecutiom. ART. 311. The fiscal shall heave the right of arguimeiit and vote in a courtin bNow. The tcniente fiscal, or the abogado f.iscal, actitig as his,substitute, shall have time right of argumenit but 110 vote. ART. 3129. Persons directly or indirectly iiitereste(1 iii the imatters treated of can niot be present at argumtents and vote onl thme samte. ART. 313. Matters carried to the court in banei shiall be, p~rep~aredl with a writteni report of the (lelarttnen t of )ubl ic( prslecltitoll. 78 Matters wllich onl account of their urgency do not permit it, or on account of their case of resolution or simplicity (do not require it, in the ol)inion of the presiding judge, shall be excepted. ART. 314. As a basis for the argument there shall serve the written decision of the fiscal, if there be any. ART. 3:15. Arguments shall be held on each one of the questions presented to the court in bane, if there is anyone who desires to speak, and shall be closed only when no one desires to do so, or when on the motion of any associate justice, or of the presiding judge, the point is declared to have been argued sufficiently. ART. 316. The right of speech shall be granted by turn in the order in which it is asked, those persons desiring to argue against the decision alternating with those who sustain it. The fiscal shall not be obliged to await his turn. ART. 317. When an associate justice requests that arguments be suslpended, in order to make a more thorough study of the question in discussion. it shall be postponed to another session, if the urgency of the matter permits it. ART. 318. In the cases in which the matter requires it, the presiding judge, in view of the arguments, shall appoint an associate justice or a committee composed of two or three associate justices to formulate a draft of a resolution, reporting on it at another session. ART. 319. When the arguments on any matter have been closed, and neither a postponement has taken place nor a committee has been appointed according to the provisions of the two preceding articles, a vote shall be taken, beginning with the associate justice of lowest seniority and continuing by inverse order of seniority up to the presiding judge. ART. 320. The associate justice who disagrees with the majority may ask that his vote appear in the minutes without necessity of explaining the same in writing, and his wish shall be complied with. When lie desires to put his request in writing, hle shall do so, stating his reasons, and this shall be inserted in the minutes, provided that he presents it within the day following tlat on which the resolution has been adopted. ART. 321. Tile secretary of administration shall report on the matters brought before a court in bane; lie shall be present during their argumelt and vote; lie slhall draw pll the minutes of the proceedings, mentioiing all resolutions and referring to the papers of the proceedings in which they are inserte(1; lie slhall make on the margin a note of the names of the persons who were present at the session; lie slall keep the book of mlinutes andl shall give the proper certifications in a proper case. ART. 322. Thle presiding judge of his own accord, or at the instigation of tle fiscal, or of any associate justice, may order the secretary to retire whenever such action is advisable on account of the special circumstances of the business or of the good name of the mlagistracy. 79 In the latter case the associate justice of lowest seniority shall perform the duties of secretary',and shall draft and authenticate the minutes. ART. 323. There shall be two books of minutes: One shall be called the "general book"I of mlinutes, ald shall be in charge of the secretary of administration, in which shall be entered all the proceedings and resolutions which are not of a confidential character. Another, called the " private book" of minutes, in which shall be entered all resolutions of a confidential character. This book shall be in tlme custody of the presiding judge. When, in the same session, matters of both kinds are treated of, each resolution shall be entered in its proper book. The individual votes of associate justices shall be recorded in the book il which the corresponding resolution is entered. TITLE XI. CHAMBERS OF ADMINISTRATION OF AUDIENCIAS FOR ADMINISTRATIVE AFFAIRS. ART. 324. It shall be the duty of chambners of administration of audiencies: 1. To supervise the administration of justice in tlieir respective district, making use of the powers conferred on tlem by tllis decree-law and other special laws. 2. To transact business which is intrusted to themll, and which on account of its special character does not come under the jurisdiction of chambers of justice. 3. To draft the reports requested of tlem lby the Governmlent, relating to the administration of justice, to the (organ ization and administration of courts, and to tlie administrative ald economical affairs of tlhe same. 4. To draft the reports which, with relation to the subjects referred to in tle preceding paragraph, are requested by their presiding judge. 5. To submit to tlhe Government such recommendations which it lmay consider convenient or necessary with relation to tlhe alfairs referred to in tlhe two preceding numbers. 6. To recommend to the Government the discharge of employees of the court who are of lRoyal appointment, and( to decree tlieir suspension when they consider it necessary. With regard to auxiliary officers, the provisions of this decree-law with respect to their discharge shall be observed. 7. To decide the questions relating to tlhe distribution of business among chambers of tlhe court to whichl tley belong, conmsidering said questions as matters of internal administration and lnot of comp)etency, and for this reason giving them only an admlinistrative chiaracter and not a judicial character. 80 8. In cases of disagreement between associate justices or between chambers which may influence in the administration of justice, or in the order and good name of the courts, to adopt the prudent measures required by the case, Iand if these do not suffice, to make to the Government such recollmmendations -is are thought t;o be most effective. 9. To exercise lisciplinary jurisdiction in the cases mentioned in this decree-law. 10. To resolve into cllambers of justice, in cases in; which such:action is ordered by this decree-law, or by other legal provisions. 11. To performn the otiler duties conferred upon tlem by this decreelaw or other special 1)rovisions. ART. 325. Chambers of administration shall convene at least once a week on the (lay assigned for the purpose, and extraordinarily whenever the p)residing judge deems it necessary, and always before or after court hours. The weekly session may be omitted only when there is no business pending. ART. 326. Chamlbers of adlministration shall not be considered as legally constituted unless they are attended by all the persons who compose it, or in their default by those who should replace the officers that are absent or (letained by some impediment. ART. 327. In all matters referring to the manner of arguing and vote, to the books of minutes and of secret votes, and to the duties of the secretary, chambers of administration shall conform to the provisions of Title X that refer to meetings of superior courts in bane. ART. 328. The resolutions of chambers of administration shall always state reasons. When they conform with the opinion written by tlhe fiscal and with the grounls on which he bases the same, it shall be sufficient for them to express their agreement in both respects. ART. 329. Whenever chambers of administration resolve themselves into chambers of justice, or convene for the exercise of disciplinary jurisdiction, the department of public prosecution shall not form part thereof alnd shall limit itself to exercising the special duties of its office. ART. 330. In matters taken cognizance of by chambers of administration resolved into courts of justice, they shall comply with the provisions of the laws of procedure. TIT LE XI I. MANNER OF CONSTITUTIN(C INFERIOR COURTS ANI1) CHAIMBERS OF JUSTICE OF SUPERIORI COURTS. FIRST ANI IAST (CIAPTER. ART. 331. Superior and inferior courts slhall hold public sessions on all days that are not holidays in the building designated for the purpose and during the time stated below: Municip:l judges or justices of the peace for the timle necessary for the transaction of tile business of tlie day. Fronm tills provision there 81 shall be excepted those judges who perform their functions in towns with less than 500( iinhabitants, who may assign only two (lays in a week for holding sessions, if they suffice for the transaction of their business. Judges of first instance and examination for three hours at least. Audtiencias for four hours, of which three at least shall be devoted to the hearing of actions and causes. ART. 332. Judges and presiding judges of courts shall designate the time hearings are to begin. A placard constantly attached to the outside of the clhambers of ilferior or superior courts siall state the hour of openillg. ART. 333. NOo judge or associate justice slhall fail to attell( tlle audienlcia without just c.ause. ART. 3::4. WVhenever ta lmnicipal judge or justice of the peace can not attenii court, le slhall notify his substitute sufficiently inI advance in order tihat the court may )be opened and tlhe tralsaction of jllluicial business not suffer any delay. If his failure to attend court exceeds five days, lie sliall inllfor1 the proper andiencia thereof. ART. 335. Judges of tlie lirst instance or examination sllall notify municipal judges or justices of the peace of tlie town ill wlhic:l thley reside, in order that the latter m1ay substitute tllhe: 1. lWhenever for any reason wlhatsoever they can not atteld court. 2. Whenever they are obliged to leave tle town of tleir residence in order to institute i)reliminary procee(dings or otlhr jiudicial actionls. 3. Wllcn on account of a justifiable impedirment tley can not p1erform some judicial actions in tle seat of the subdistrict. ART. 336. When jud(ges of first instance or examination can nlot lIold public sessions for more than five days, they slall inform the plrolper audiencia thereof. ART. 337. Associate justices wlo call not attend court for justifiable causes, shall inform the proper presiding judges thereof with sufficient notice, in order that tle latter ni-ay, iln proper case, notify the persons who are to substitute tlem. ART. 338. There shall be kept il audiencias a book of attendance, in whicll the secretary of adminiistration shall make on each (lay of court sessions a note by chaimbers of the names of the associated justices who attended court, of tlose who are exempt fronm attending, and of those who have been excused, witlh a statement of tlie cause. Tle presiding judge of the court or the officer replacing hill shall countersin these memoranda every lday. ART. 339. Three associate justices shall be sufficient to constitute a chal ber in all cases in which the ltaw does not require a fixed number of associate justices. ART. 340. Associate justices of aud(iencias and presi(ling judges of chambers shall alternate among themselves, passing, from one to tle other whenever the service requires it. Every two years the colonial 3007- 6 82 departmenet, hearing the chambers of administration, may mUodify the distribution of associate jutcsi cades Ain. 341. Without pr'ejludice, to the p~rovision of the preceding article, the secretary for the colonies may, oii the recoinnimendation of the respective chamber of -a(Imaiistration, transfer associate justices of -audiencias from one audiencia to another, Provide(d that such acltion is suggested by the clonvenience, of the service. ART. 342. Whjenev;er there is lack ing ]In a chamber the niumber of associate justices necessary to constitute the same for hearing actions.and causes, and that mimumber must be comnlleted with the superfluous ones of othe(,,r chambers or with substitutes, in acecord~ance with the provisions of' this decree-law, the ordinary transaction of business or the bearings shall be suspended umiti] the necessary mumber has been obtain1edl. ART. 343. Tfhe appointinents of the persons assigiied to arittend a chamber other thtan that to which they belong, shiall be imimnediately communicated to the persons designated, who shall excuse themselves Hif iii the opinion of the presidting judge, there is a justifiable cause t i erefor. 'When th~e p)residi1)g judge thiinks that the, reasons for nion-attendanice are sufficient, lie shuall alploint anothier associate justice, withr reslpect to whomn th~e pr~ovisions of the precedling article sh~all be observed. ART. 344. Whien the offticers (lesigmlate (lo(1 not excuse themselv~es from attendance in clivil matters, the solicitors of the lparties shiall be informed of their niames, and the hearing shlAl lbe begun immuedilately, unfless a c"halleng~e is madie at oncle, even if verbal. In the latter (case, after the chiallenge hias been formtimlated ini writing withiin the third day, the interlocutory issue ot chl.tlenge shiall be declided in thle established toriun. Awr. 1345. Whiem ino chiallenge lua~vimng been made at once, and the hea-ring i rce-dedl withi i n. accordancee with the p~rovisionIsof the precedling article, the discimssiomu of the (leclision shiall be suspended for thiree days. Sublstituiteassocia(te juistices ma~y be challeniged withini th~is time; after this 1)eriod hais ela1psed, and nto ulse of this privilege hiaving been made, requests of cliallemiges, shall 110 longer lbe adImitted, amid the period aissigned ini wh~ich to render a decision shl~l be considered las beginn. thme hlearing" sh1all relmaimi -without effect <and shiall. take place angain -with assoiat just ices of flie chiamber, or if it i5 nlot possible', tm uc~ ings lprescribedl in larticles '3421, 1343, 344,1 and in thi6s,article shall be aigain observedl. When a challenge is (leclared. not well takenm, ta (lecision shiall hbe pronounced by the associate justices who shiall. have tattended time hearing, within the legal. period, iv bich shall begimn on the day following the one on which a (lecisiomi on the challenge is rendered. 83 ART. 347. In crixu-inial causes, when the associate 'justices detailed to mak-e -up the required number do not form part of the regulatr personnel of the criminal chamber, their (letail shiall. be cominuinicated to the 1)arties at least twenty-four hours before begfining the pubije trial. Challenges madle after this time shall niot be admitted. Challenges mnade within the proper periodl shall be tacted upo)01 ill the form prescribed. 111TITLE, NXII. COURT SESSIONS ANi) POLICE OF I-NFERIOR1 AND) SUPERIOR COU'RTS'. FIRST A ND LAST ( IITAl'Tl.. AwR. 848. Ordinary tranisaction of butsiness and hearing of actions and causes shall take place, in public. AnT. 349. Superior courts may, notwithstandin11g ti e provisio10115, of' the preceding article, order that the transaction of business and thle hearing of actions and causes be imarde belhind closed (loors, in a.ll cases in whichi such action is required by collsidlerations of morality and1 (ecorunm, at the req-1uest of one, of the parties interested, at the instigation of the (departmuent of public prosecution, or of its own accord, before or durinug the hearing. lin the latter case the (court shall order what is pr1oper' after giving a brief hearing to the pa-rties. There, shall be, no appeal Front the decision. Ami.~ 850. Secrettaries shatll report the ordinary lbusiness iii the order in) wh)ich the 1)etitions were presenited in their res}ective offices. AnT. 13,5. J learnicgs of' civil matters and of criminal causes shall be designate(d in the order of their conclusion. From this provision shall bel excelpted questious of p~rovisionlal mainltenance, of' comipetency, possessory hiijunctions, injunctions of niew and inju -ious 'works, attachments, denial- of judgrme-,nt 01 pit-oof, (,causes for crimes, for which the law fixes fa penalty tgreaIter than that of' "plresidio mayor, and other matters which by explicit prescrip)tions ofr other laws are givemi preference, which bngmihdd, shall lbe p~lace(d before the others for wh~ichb a (late hias itot yet been,assigmied. Ai~r. 852. Actions and causes shall. be heard on the day assnjigned. If,~ at, the conicluision of the hours of a, court, session, the hrefnriig, of any jnroceedingo, action, or causelhas not -beemi (omiclnded,1, it mayble suspended to be conttinued on. the followNin~g day or days, except whlen the presidlng" judge prolong~s the sessionl. ART. 8153. The hearing of' civil matters miay be sutspeinl.ed on the as~signed day iii the following cases onrly: 1. When it is pnie-vemnted because of' an action or a cause continued t'romu the lprecedhing day. 2.When for unforeseen reasons thie nmumber of' associate justices requrafed for ta decision is lacking. 84 3. When it is requested by any of tlle parties, basing the request on the fact that their counsel las been prevelted from appearilig at the hearing, for a legitimate cause, in the opinion of the court. ART. 354. Hearings of criminal causes may le suspended in the following cases only: 1. For any of the causes stated in No. i of tlhe p)receling article. 2. When, in criminal causes, an imlportant witness is absenlt, or:alny steps to obtail proofs are wanting, on which, in the opinion of thle court, its decision depends. 3. 5When the department of public prosecution, tile defelndant, or hlis counsel, or that of the accuser, in causes which can not be prosecuted officially, have Ibeen prevented fromnt attending the hearing ly legitimate causes. ART. 355. When, without just cause, a ltayer who lhas been assigned by the court for tlhe defense fails to attelll, lie shall be punlishled ill a disciplinary mananer. ART. 356. A hearing whiclh lhas been suspellded shall be reassigned for the earliest (late wlhen tlhe cause for suspension IlIas disappeared, without prejudice ill so far as possible to tlhe order,ladolpted for tile hearing of other actions and causes. Tlhe excess of costs occasi(oned by the suspension, for an luijustilifable failure to attelnd, of a litigallt, tlhe defendant, his counsel, the counsel of tile accuser, in causes which c.an not be l)rosecuted officially, or of any imlnortiant witness, shall atlways be charged to the person 1lho lias caused the same. ART. 357. Whlen, after a hearing lhas begun, any associate justice becomes sick or is p)revented in any other mann.er from atteinding, am1d it is improbable tlat lie will be able to attend after a few ldays, a new hearing shall be instituted, the mnumber of associate justices beinlg supplemented by tlhe person or persons who slould replace tlle absentee. ART. 358. Parties to an action or a cause may, wiitli tle permission of thle presiding judge, make such statements as they deem proper for their defense during the trial or lwhen a lpetitiol is being presented in wliich they may be concernel. Tlhe presiding judge must grant them the right of speech so lolng as they confine themselves to facts andl preserve due decoruml. ART. 359. Visitors to court rooms shall remove their hats, remlain silent, preserve good behavior, aid observe the rules issued by thle presiding officer for keeping order. Associate justices, fiscales, and their auxiliary officers slhall be respected in the same manner in any act or place in which they perform their respective duties. ART. 360. Persons interrupting the hearing of any trial, cause, or other solemn judicial fact, by showing ostentatiously their approval or disapproval, lacking the respect and consideration due courts, or in any way disturbing order, without, however, committing a crime by this 85 action, shall lbe admnonished at, once by the presidliug judge, and expelled fromn the court, room if they disobey the first warninlg. AnT. '61. Personis resisting an order of expulsion shall be arrested aiid disciplined without appeal by a fine niot exceeding 1-0 pesos ill mnunicipal courts or courts of justices of the lpeace, 155 pesos in courts of examiination or of first instance, 20 pesos ini criminal'1 audiencias, anid 30 pesos ain territorial audieiicias; and they shall not be released from arrest until they have paid the fine or otherwise have remained unrder arrest the niumber of days necessary to serve the sentence, computed at the rate of 2 pesos, 50 centavos, a day. AnTr. 362. ltn the inanner expressed iii the precedinig article, a punishinent shall be imposed upon witnesses,, experts, or any other persons who, either as parties or as their representatives, are guilty during hearings or solemnm judicial tacts, by speech, act, or writing", of lack of deference, respect, or obedience (lue courts, when such acts do n~ot co-nstitute crimies. Aw'r. '363. P~ersons who are subject to (lisciplinary jurisdiction in accordan11ce With the provisions of this decree-law are not included in the provisions of the two preceding articles. ARuT. 364. Wheni the acts treatedl of in the two preceding articles are so serious as to be classed as crimes or olfenses, tI eir p~eipetrators shall be (letained at onice, the proper preliminary p)roceedlings being institulted, and the lprisoners being placed in the custody of t le (court of coinlpetent juirisdicetion. AnT. 365. All judicial acts lpertoriliedl under the influence of intimiidation or force shall be null. Judges, superior courts, and clhambllers which have yielded to iniitnidation or force shiall, as soon as they aind themselves free therefrom, declare,All acts performied unader its finfluen-e null, -,and shall at thle same time bring!- -an action aga nstte gmilty p~arties. TIT11-LE XIV. INSPEICTIOIN AND) SURYEiLLANCE OF TILE ADM~ITNiS'TRATIJON OF. J sTI CE. VLINST ANI) LAST CIIAPTIL. AN-rT. 866. TIhe inislectioml anid sup~ervision ofte bties of Judtges,amid,snlperior courts sh~all. be exerc-ised: By the presiding judges of superior courts. By the chambers of administration of audie-,iicias alI(L Of tile sup)T'Ree court. -By the chambers or justice of audienicias amldl of the sup~remue court. Bly the courts of examination and of first instancee. ART. 367. The imispection an'Ud sulpervisioml shall be exercisedl by the lpresiding Judge of the supremie court, and by presidnigjudges of audiemicias, anmd by examiiningr and first instanceejudges, by virtue of the powers and dutties that are assigiied to them. 863 ART.:368. fin ordIer to facilitate the inspection andl supervision, aaiiual SttateTnieiitS Of the clivil and( criminal niatters penin~g or coimpleted during the preceding judicial year shall lbe submitted: By municipal courts or courts of justices of lthe peace to jndges of examination an (1 first instance. By courts of examination anil first instance to audliencias. By audieucilas to the suipretne court. ART. 369. The statements, submitted by the judges of examination and -first instance to the audiencias shall contain a summary of the ones they may have received from the TinuiMicipal (courts or from the courts of.justices of the peace, lbesides their owin, which it is their duty to forward. The reports of the audiencias shall lbe accompailiedl by a summary of the statements of the municip~al courts or courts of justices of the peiace, and courts of examfination anid first instance. ART. 370. In the supreme court a general summary of these statements shall be niade anld. forwtarded to tine (lroverninent, together with those of the, said court. ART. 371. The regulatioims shall fix the foritt -anl the (late 0i1 which each sulperior and inferior court must submit to their respective superior the statements referred to in the three precedlin g articles. ART. 372. The presiding judge of the supreme (court and tine presiding, judges of audiencias may order visits of inspection: By order of the Governimenit. Officially. At the instanice of the departmient of public p~rosecultioni. At the instance of chambers of admini~istrtation. At the instance, of chambers of jsie AuT. 373. Judgtes of first instrance anud. examnination cani not ordler visits of inspection of muniicilffal courts or (courts of justices of the peace; but when anr ittspection of aniy of saidl courts is niecessary in their judgirnent, they sliall comm ummica te their opfinioni to thie Ipresidbimg judge of the auidiencia, in ordler tha-,t the latter miay decide what hie may (leenii lproper after hearing, inl a proper case, the chamber ot adlmnilistration. Awr. 374. The chiaitbers ot adlniinistration. ninav institute, visits of inspection, whenever they consider it adlvisalble,as a ceonsequenice of the memorials presemited lby judlges ot first instance or (xamnilination. AnT. 375. The cabrofjusticle shall] make anr inspection in the civil or eriniiminatl ma-tters of which they tiakel cogiiizanice. Wheni ini their Judlgmient it wouild be advisable, inl order to avoid abuses,, to adopt 5011We measure which (loes imot lie within their p~ower, or to iitnake an inlsJectoioi of some inferior or superior court, they shall state their opinion to thne p)residillg judge, inl order that the latter maty decide what is proper after hearfiig, tine chamiber of administration. 87 ART. 376. AS visiting inslpector there sh'all. be selected an officer of a rank higher thanr that of the othecers, whose office is to be inspected. ARkT. 3717. The jpresidling judge of the sutreite court, may, wheniever hie considlers such action proper, delegrate to the presi(IiLg Judge of an auidiencial the appointitieiit: Of the associate Justice to inispect a court of first instance. Of the -associate justice or judge of first imistance to inispect inun11icipal Courts. AniT. 3)78. fin the eases of delegaition Mentiomned in the pre-cedlimlg article the judges and associ~ate justices., appoinited for the inspection shall report to the jpre-sidillg judges of time resp~ective, amdiencia onl all mnatters referring to the inspection. ART. 1379. hit this service associate jsie fadeca hl ev by turn, without (listifletion between those comnposing the, civil aiid criminiial chamnbers. Presidlitg judges of audieienias anid their chamnbers shall be exempted from this service. E~xcuses for exemption from this service shall -not be accepted when not based on the impossibility to render it. Presiding -judges of audienicias shall (lecidle on said excuses according to their discretion, -and shall suibtiit them, with their own report contaimming a statement of reasons, to the colonial secretary. ART. -380. The visits of inspection, irnade in coniformity with the provisions of this title, shall include the examin~ation. of everything that refers to the rules (established for the government of superior courts, andl for a good administration of,j(Istice, in the offices of their secretaries andl in aill their depemidencies. ART. #381. Visits of iii spection in the cases expressly ordlere(1 by the presidling. judges of audiencias or of the supreme court imay include: 1. The clivil regiStry. 2.The registry of property. 3. Registries of niotarial offices. 4. The verific-ation of the correctness ot the annual report's. AiT. 38.2. The inspectors,, shall write al rep~ort of the imlslection imitriistedl to thlem, Which ShaIIll lhe forwardled to the,/wcal of' the court whose jpresidilg) jlmdge ima.y have otrderedl the visit. AkRT. 383. The boardl of (administration of' the, prop~er co,.urt,I by virtue of' the, rep~ort of thlefi8cal, shfall (adopt Such nmcasuires as lewithin its poWer, anil if it does not extendl fatr enough it shall ma(ke sutch recoinmIelllatimis 5 as it miay comisider proNper to the (I overnumemit. AwrT. 384. Thrle L overumnemicit may app~oi mit RoyalI c-omm a issaries to imislect sn perior and[ inferior courts whenever it considlers such actioit necessary. AAmu' 385. For the discharge of' their (hities, visiting- inspectors shall be allow-ed ta secretary and the other miecessary em-ployees', who shall be paidd from the al)p)ropr-iations p)rovidled for these cases iii the budlgets of the respective island. 88 TITTLE XV. DISCIPLINARY JURISDICTION. FII'ST ANI) LAST CIAP'TER. ART. 386. The following officers shall be subject to disciplinary jurisdiction: 1. Judges and associate justices. 2. Auxiliary officers of inferior al(n superior courts. 3. Attorneys and solicitors. ART. 387. Disciplinary jurisdiction over judges and associate justices shall be exercised: By the judges of first instance over municipal judges or justices of the peace in a proper case. By the chambers of administration of audiencias over judges of first instance and examinIation. By the ciamber of administration of the supreme court over associate justices. The chambers of administration of audieiicias and that of the supreme court, in order to exercise disciplinary jurisdiction, shall resolve themselves into chambers of justice. ART. 388. The disciplinary jurisdiction shall not exteid to acts or omissions which constitute a crime or to Lacts of private life which have not been publicly exposed. ART. 389. Judges and( associate justices shall be punished ini a disciplinary manner: 1. When they show disrespect to their Iiierarchical superiors, either in speech, writing, or action. 2. Whllen they slhow serious disregard of the respect due their equals. 3. Whle they trespass the reasonable limenits of their authority with respect to the auxiliary Land subordinate officers of inferior or superior courts, or with respect to those whlo assist theml in judicial matters or those who attend tlhe court-room, with whatever object it may be. 4. When they are negligent in fulfilling their duties. 5. When by the irregularity of their moral condluct or their 1bad habits which lower them il the public esteem, they aftect the decorum of their office. 6. When, on account of expenditures beyond their mneans, they contract debts whicli result in writs of execution agailst them. 7. When they recommend to judges or superior courts matters pending in suits where the parties are present at the trial in criminal causes. 8. When they address to the executive power, to public officers, or to official corporations congratulations or cenlsures for their actions. 9. When they take part, other than by casting their personal vote, in popular elections of the territory in which they perform their functions. 89 Notwithstanding this, they shall exercise the functions and fulfill the duties which are imposed upon them by virtue of their offices. 10. When they take part il meetings, manifestations, or other public acts of a political character, even if said acts are permitted to all other Spaniards. 11. When they attend iL (corpore, officially, or in ceremonial dress, feasts or public occasions, excepting only whell it is their object to compliment the monarch or the regent of the realm, or when the Government gives explicit orders therefor. 12. When, without authorization from the colonial department, they publish writings defending their official conduct, or criticisilg that of other judges or associate justices. ART. 390. Disciplinary penalties may be inflicted only: By'the presiding judges of the courts who have disciplinary jurisdiction in the specific case. By the fiscales of the same courts. ART. 391. The presiding judges as well as the.fiscales may inflict punishment by virtue of information of a positive character which has come to their knowledge; by complaint of the wronged parties, with sufficient facts to prove the existence of acts subject to disciplinary jurisdiction, or when they are notified by their hlierarchical superiors. ART. 392. The proceedings shall have merely the chalracter of an examination, and shall consist of hearing the judge, or the associate justice and tlhe fiscal, against whom charges are brought oll the facts; of admitting evidence presented by both of them; of procuring the complement of the other evidence which may contribute to explain or prove the facts, and of receiving a written plea or argument from the party concerned and' fronl tle del)artient of public prosecution. ART. 393. The judge or tlhe associate justice against whom said proceedings are directed shall be lheardl before the fisc a w hen tlie presiding judge has instituted the proceedings. Whlen the fiscal shall lave instituted said proceedings, lie shall be lheard first. Tlhe party whose papers are admitted in tle hearilg after those of the opponent, shall lIave the Ial)ers of the opponent submitted to him. AIT. 394. When thle p1roceedlings have been complleted, the court or the chamber of administration siall either im)pose the disciplinary penalty or declare that there are no grounds for punishment. ART. 395. The pelalties imposed on nmuinicipal judges shall consist of only: A simple reprimand. A fine not less than 12 pesos nor more than 120 pesos. ART. 396. Tlhe penalties imposed on judges of tirst instance and examination and associate justices shall consist of: A simple reprimand. A specific reprimand. 90 Postponement of lpromotioll. Loss of salary. Suspension from office awl loss of salary. ART. 397. A simple reprima nd shall consist of the literal commuinication. of the penalty which the presiding judge of the court which. imp~osed it shall make to the (lelinquent officer (lirectly, if the latter is a municipal judgejudge of first instance an(d examination, or a lpresidling judge of an aiidiencia, and through the presiding Judge of the proper court in all other eases. ART. 398. The specific reprimand shall consist of a communication made in the manner siwlcified in. the preceding article, and of the loss of salary for a lperiod of from oiie to three months. ART. 399. The postponement of promotion shall consist of a dcprivation of the right of promotion for a iperiod of from six niontlis to one year. This period shall be counltedl: For strict seniority, fromt the day on which lpronmotiolL wouldl be (Inc on account of the death of the person. which causes a vacancy, or for ally other reason. For the promotions in which the appointmeiit may be given to officers belonging to a particular part of the scale of service, or to the whole sc~ale, from the day on -which the sentencedl officer acknowledges receipt of the communication informing himi of the decision of the court. ART. 400. The loss of salary shall last not less thanf three months nor more titan six. Awmr. 401. The penalty of suspension fromt einpdoyment and loss of salary shall last at least three, inoths and~ imay exteild to twelve. In cases of repetition of acts of the saume kind( by all officer who was punished for them previously with suspension from employment and loss of salary, saidl puntishml~ent shall always last one year. Amir. 402. Courts alld cilallbers of administration may imp~ose the penalties specified in the p)recedhing article (according to their good judgment, taking into account the greater or lesser gravity of the acts alm( omissions iii (Illestioll. AmT. 403. The penalties inposed upon liullicipal Judges, or justices of thie peace an(1 Judhges of first instance and examination niay be appealed from to tihe chuainbers of administration of audiencias within the ten days. following the oie on which the sentence was communicated to the dhelinqulent officers. The chambers of at~dministration, add(ing, to the thects those that, are p~resented1 or forwarded (directly by tile parties~, shall confirm without the formality of a, trial the senitence or p)enalty, if tiley consider it, just; and otherwise. they sh'all amimmil, mitigate, or imlcrease it as they may deemm propel'. ART. 404. The decisions of the chambers of adjninis,-tratiomi of andliellcikus can not be alppeale(1 from. ART. 405. Auxiliary officers of stit)erior courts shiall be punished in a 91 disciplinary way, by judges of first instance and examination and by clambers of administration of audiencias, in the following cases: Whlenl they are includedl iln oie of the cases specified in article 389 of this decree-law. Whlen they (lo not show due consideration to those who appeal to themn iln matters relating to their duties, and when they do not show themselves impartial in performing the same. When they have vices whicll lower tlem il the public esteem. ART. 406. Inferior courts shall exercise a disciplinary jurisdiction, in the cases specified in article 389, over the auxiliary officers wllo discharge their duties in said courts. ART. 407. The penalties imposed upon auxiliary officers of inferior and of superior courts shall consist ofNotice. W arning. A fine not exceeding 20 pesos in municipal courts or courts of justices of the peace; 40 pesos in courts of examination or first instance; 48 pesos in criminal audiencias, and 100 pesos in territorial audiencias. A reprimand, behind closed doors, by the judge or by the presiding judge of the court in which the delinquent renders service. A reprimald, behind closed doors, before the court or chael ber to which the delinquent officer belongs. Suspenision from employment and loss of salary and emoluments for a period not to exceed six nor less thall tlhree months; ill ca(ses of repetition of acts of the same kind, this period may be extendled to one year. During the suspension tile salary and emolulmenlts sliall be paid to those wlio discharge their duties. ART. 408. Auxiliary officers imaLy appcalFronm the penalties imposed by lnuicipal courts to courts of first instance or examinaitiol, against whiose decision imitigating or increasing the lpetialty there shiall be ino further al)peal. From those imlposed on their auxiliary officers by jiudges o' tirst ilnstance or examination, to chamnrbers of ladminlistration of Iaudieiicias. ART. 409. There slhall be n:o further appl)eal fromi the petnalties imposed by chambers of administratiol1 of audiencias. ART. 410. In appleals entered before ci(hamubers of aul(lienicias by auxiliary officers aga'inst tile l)elnalties ilmposed by muIlllil)cipl juldges atl(l judges of examination or of first instanrce, land:aga:inslt 11an app)leal fromn said penalties whlen tlere are grorunds tllerefor, tlhe provisiols of article 403 shall be observed in so far as they are appylicabl)le. ART. 411. Attorneys and solicitors shlall be punislhed il a (liscillilnary manner by municipal courts and by cl:lhambers of justice of a1ll otlier courts, in thle followingl cases: When in the exercise of their profession they show, by work, writing, or act, a lack of tire respect due inferior and superior courts. When in defense of their clients tlley show a serious and unnecessary degree of incivility toward their (colleagues. 92 When, after bleing called to order il oral allegations, tley disobey the judgce presidingl over the court. AITr. 412. Notwitllstandinig tile provisions of tle forleg-oing article, they may, after having b1eel called to order alnd after lhavilng asked and obtained permission from the judge or officer p)residing over the act, explain tlhe words they may have used a nd show the mleaning or intention which they wished to convey, or fully apologize to thle ilferior or sul)erior court. ART. 413. Tlie penalties imposed upoln attorneys and solicitors shall always be imposed by the superior or inferior court or by tlle chamber of justice in which the proceedings giving rise to tlent have b)eeln had, or in which the proper decorum has not been observed il oral defenlses. ART. 414. Penalties sliall be pronounced clearly, without taking into account more facts thian a>ppear inl the documents or in the certificate which lhas leen drawn up in tlle same proceedings by tlle secretary by order of the presiding judge, both with regard to thle nmatter which is the object of the penalty as well as witl reference to tlle expslanlations offered. ArlT. 415. From the decisions in whiclh mulnicipal judges, judges of first instance Uand examnination aand criminal andiencias hlave impllosed penalties onl attorneys or solicitors, appeals nmay be taken to territorial a udiencias. From tlhe penalties imposed in chambers of justice of territorial audiencias a petition mainy be mItIade on(ly 1before tle sanme clllal)mer which lhas impIose(1 said penalties. ART. 416. Tlle app)eals and petitions referred to in tile foregoing article slhall be instituted in tlie manLer establlislled for interloc(tory issues il civil Imatters. AIT. 417. The provisions of this title slhall it intertfre with tile power of inferior or sul)erior courts to ilmpose on attorneys and solicitors the pIroler penalties, in accordance withl tile laws, for oft:elses and transgressions whichl are committed ill tile exercise of' tleir duties, and which are mIot included in article 411. TITLTE XVI. TIHE D)EPARTMEN'T 01F PUBLIC( PROS(SECUTITON. ART.i. 418. Tle (del)artment of Ipublic p)rosecution sllall see to tile observance of this decree-law, sliall istitute i l ctie jts inl matters relating to the public welfare, 1and s1lall act as tle representative of tle (1overnmelnt in its relations witll tlme judicial power. ART. 1. 419. all ilferior and st1l)erior courts tlhere sliall be one or more rel)resentatives of tlhe department of public prosecution. ART. 420. The Government may increase tlie Iun)ber of a(1)oyados.fiscals whlenever it is relquired by thie service, and to reduce it wlenl the service lmay be perfornlled witli a: snaller lnumb)er tllth tliat assigoned at tle proper tine for each court. 93 lin either ease, an investi-atiou sha~ll be previous-ly, made, in -vwhich the chamlber of administration and the fiscal of the resL)ective ('olirt shall be heard. lin all eases the dIepartmuent of the treasury and of the colonies of the council of state shall- be hteard. APP'OINTMENT OF OFFICERS (IF THE D1EPIA R'I'ENF ()r o1 iriic, roio'F( 1 ( )C'IIN. ART. 42t. Thefiscaies of (Tilninal audlielicias shall. submit thle proper recolnumeld~ation s to territorial -audiencias for the appointment of./iscales of municiplml courts. The fiscailcs of the territorialI audiencias s;hall appoint (lirectly the ftscalcs' of mnuniclil)ai courts or of courts of Justices of thre lpeace, ill the circumisc~ription or the p~rovinlce of the criminal chiamber, without iiecessity of recomumendation, after receiving the rel)orts from judicial aCnd. administrative authorities they may deem proper to request. Amur. 422. For selections, incapacities, excuses, claimns, decisions, of proceedings, filling, of vacancies, and. 1ubhicatiou of ajp)oinltine11ts of fiscatcs~ of municipal courts or of courts of justices of the peace, and( their substitutes, there shall lbe observed the Iprovisionls of thiis, decreelaw referrintg to munmicipal-judges, with the tfiflowing excep~tionl only: The powers assigned to and duties nimposed on p)residingjugso audienci~as shall be considered ais:assigned to and imposed onl thle fiscaics of the same. AnT. 1 42._hreelvmnotorcs liscaics do ntot exist, the Jiscolcs of mu~ie1})ip. courts who are lawyers shall rep~resenit thle department of public- 1rosecution in all matters in which the latter should be heard, in accordance with the law of criminal1 proceduire or any other laws. TIefiejscalcs of auidiencias, notwithistanding- this provisiol, no matter whether the fiscaics of municipal courts or of courts of justices of the, peace are lawyers or itot, in ay make use of their auxiliary officlers, or appoint la wyers, to (hischarge the dutties of the dep~artment of lpublic p~rosecuitionl in the matters referred to in the foregoimi-g paragrap)h, or examinie personally the proceedings fit progress in courts of first in stance aInd ex-amination. The Lawyers, dischiarging said (luties shall receive f he same remunleration as is given to s;,ubstitutes. ART. 4-24. The appointments of officers of the departmentt of' lpiblic prosecuttion in the various cases shall be made in accordance, with the provisions contaimied in chapter 20 title 3, of' this decree-law. Cm~IIAPTF II. 4E~NERAL COND ITI(ONS FO R ALIL OFFICES OF THiE l)FPA IVIMENI OF )I" i'F LiC I t0SE 5ECFI "' )N. ART. 4215. To the personis filling offices of the dep)artment of ul~lbic p~rosecution, of whatsoever raiik or category, there shall be extended a,,ll 94 the provisions established in articles '73 to 79) for juIcaofiesn matters referring to qualifications, incapacity, absolute or relative incompatibility, and exemption from obligatory (unties. ART. 426. The incompatibilities established inl article 80 shall likewise be, extended to the proper offlicers of the department of public prosecution. From the provisiolis of' the p~recedling paragraph there shall be excelpted: 1. Thiefisca~les of mnunic-iptal courts or couris of justices of thle peace and their substitutes. 2. The substitutes of abojqadosfi~scales of laudiencias. 3. Persons rendering service in the department of pliublic prosecution accidentally or ])rovisional ly. 4. Persons discharging, duties of thle department of pulblic lprosedution in Ilabania. The prohibitive provisions established for judicial officers in article 82 shall include the persons obtaining appointments in the department of public 1)rosecutioll, in the samie, superior courts, an(1 wvith-in the same territory. Personis violating these provisions shall incur the penalty fixed in article 83. Fron. this provision thtere shall be excepted the officers thtat are included in the first three numbers of the foregoing article. ART. 427. Persons appointed to offices of the (lelartlenet of public prosecution can. iot practice law. From this provision there shall be exceptedl only those mentioned aii the, first three numubers of article 4-26. ART. 428. In ordier to hold office in the delpartmelit of public prosecutionI it shall be niecessary, besides p)ossessfing the qualifications prescrilbed iii article 73, to be a licentiate at law, gra _duated from. a university sujpjortedl ly the State. Front thils provision there shall be exceptedl only thiefiscalos of nmunicilpal courts or of courts of justices of thle 1)0,ac(e. S PECI A 1QU A 1.1FICATIONNS 01' lIS(ALES OF AlIUNICIPIAL COUR1 TS )E (OF COURTS OF OFUIIE 0THIIE PEA CE. ART. 4291. The /isca~leS of municipal courts, or of courts of justices of thle ipeacle anil thieir substitutes shall possess the qualifictations which are reqnired1 of imunicipal judg-es or justices of the peacfte accordli1g to article 84. ART. 4-30. The p~referenlce grantedl to lawyers over l)ersols who are nlot such, applicable, according to article 85, to llunicilpal (courts.- or courts of justices of the peace, shall be extended to the offices off;,iscales of the same, 1)rov~ided there are no reasons to the contrary. In this case, their not having reached the age of twenty-five shall not be an obstacle. 95 GAIJI1S AND) TAKING ]r()SSFSSI )N OF O1,FICE BY OFFICERS OF T'HE DEPAIUI'MENT OF PUBLIC PRO)SECUTION. AliT. 431. Officers of the departmnent of p)nblic, prosecatioli, fin t~aking IpossessLOn of office, shtall be formally swori fin, in the samle mnanner ais judlicial officlers, sweatrinig: To observe and cause to lbe observed the Constitution of the Monarchy. Allegiance to the Kin~gr. To pr1omote the admini~istration of justice. To carry out, all the laws and regiflationis referring to the duties of their oftice. AnT.482.The iscalc8 of thre auidiencia or IHabana, of territorial and of criminal audliencias, shall be sworn in anid shall takde possession of their offices before their respective couirts, in the presenice of thie judges of first instance, examinhing judges, and municipal judges of the town, aiid the auxiliary and subordiniate officers of the amdienc.ias. The ten'ienhs fisc~alc,~ of the said andiencia.s, wvitht the exception of those of criminal audliellcias, shall be sworn in and shall t~ake lpossession of their offices in the same, manimer as the associate jistices of the The aboqados fiscales of the said audiencias and the tCewCtcnCS tiscacdS of criminal audienclias shall be sworn in before, the chamber of adininistration of the respective territorial anuliencia, taking lPossessionl beibre, the proper court. ART. 433. The provisions of this decree-law referrhino to the swearing in of miunicip~al *judges or of juistices of the p~eace and~ their takiiio' possession of office shiall ap)ply also to the represejitatives of thle dlepartmeit, of public lprosecution in the s~aid couarts. (CHAPTER, V. D)ATES AN!) P0S!1 )SlNEMENTI OF EM BA B KATION A ND O! TIAKIN(! PERS(ONA! PO) SSESSION OF OFFICE. Ain% -134. The rules established in this decree-law forjudici-al officers with reference to dates, postpominenlets of' embafrk~ationt, a-nd ttaking lpersonnl ipossessiom1 of office, shall be applicable to the officers, of the (lepartineiit of publ)1ic pros-ecution. (iixiAPTER VI. SENIORITY, PRECED)ENCE, I4i'IES, AN!) I IESS- OF OFF!ICElRS O]'!F THEF DPA RIMEN! OF PUBRLIC PISC'IN ARTr. 435. In order to compute the seniority of officital5 of the (department of lpnblic lprosecutioln, the same rules shaill. le observed as are established in this decree-law- in thie var'Ious cases for Juidicial officers. 9 6 ART. 436. Tlhefisccals of audieciais, il sessions int bae ald, ill chalnbers of adminlistratiol, shall be given a lplace and seat among tle presiding judges of challTers, preserving amtong these officers the place that belongs to them by right of seniority, without any discriinination because of the office which they respectively hold. ART. 437. The tenientcs fiscales of audiencias, when attelnding sessilons in bace and chambers of administration, the resplective fiscal being prevented from attending, shall occupy the place and seat from the right after the last associate justice. When the fiscal and tile tenicnte fiscal, 1)eiilg prevented froml attending, are substituted by the abogado.fiscal, the latter shall occupy the place and seat after the last associate justice from the left. ART. 438. Ill chambers of justice the fiscales of Laudielcias shall have a, seat at the right side of the court table. Tlhe tenicLtes i.scales an(d thle tabogados fiscals, when Iperformlilg the duties of their offices, sliall take seats at tile left side. ART. 439. (reater senliority shall give right of l)recedlence1. In tlle order of seats and pl;aces ammong officers belongiing to the samie category. 2. When tlle aboqados fiscales are substitutes for tlhe ten ientes fiscales.:. When the fiscales attend chamblers of adminfistration, in cases of vacanicies, or of any imlpedliiment of thef iscales an( the tenientes fiseales. ART. 440. The officers of tile dlelartnlent of public p)rosecutiol shall have thle same title as is givenl to their equals inl tle judicial service. AirT. 441. Tlie provisions of articles 13'2, 133': 1;4, alndl 135 of tliis decree-law, referring to officers of the judicial service, are applicflable also to officers of the department of public prosecution. ART. -42. Tl.le /iiscalcs of Illunicipjal courts or of courts of justices of tlhe peace, on official or formal occasions, whlile attendiing as such, slhall wear a Ine(lal similar to that 1rescribed for municipal judges, ica(le accor(dilg to a model whiclh is or may be liereafter l)rescribed, and bearing the following ilscription: "'Miisterio fiscal"' (del)artmentt of p}ublic prosecutioil). ART. 443. The other officers of tle depalrtment of public Iprosecution, of whatsoever class and category, shall wear ceremonial dress on the occasions referred to il article 137 of this decree-law. Tlie ceremonial dress of tlhe otlier officers of the department of public I)rosecution of the various ranks shall be the same as that used by the judges anld associate justices with whomti they are respectively equal in ranlk. ART. 444. The p1rolibitioml of article 139 of this decree-law shall be extelnded to the (lel)artlmelt of public prosecutioni. Atri. 445. Tle reverse of tlle medals used by the ofticers of tle department of public prosecution slhall bear "Ministerio fiscal" (department of public prosecution) instead of the word " Justicia " (justice). 97 CIlAI'TER VII. PAY (OF OFFIC'(ERS O)1 F TlHE D)EPAR'11NT O'F Ij''IiC IIlROSE('JITVION. A1LT. 441-. Tlhe officers of thle departmellt of public prosecultion shiall receive tlie following yearly salaries: The promotorcs fiscales of the entrall(e (category, 60)0 lpesos as lay;(l 900 lpesos as extra pay. Tlie promotorcs fiscales of tlihe promotioll category, 750 p1esos as p'tay and 1,125 pesos as extra pay. Tlhe promotores fiscales of tlle final category andl tlle alogados fiscai's of crimilnal audiencias, 900( pesos as pay lnd 1,350 pesos 1as extra paly. The aboqados fiscales of territorial andieicias a.iid tlie tcientc(s.1iscalcs of crimilnal aldiencias, 1,100 peo sos as pay ald 1,6(6) pesos as extra pay. Tlhe (abofados fiscales of tlie audienlcia of II1aballa an(l tle tcnicitcs.isca(les of territorial adiencias, 1,100 pesos as )pay and 2,100() pesos. as extra 1pay. The fiscales of criminal a:udiencias, 1,700 pesos as pay and '2,550 pesos as extra )paly. T'lie fiscales of territorial audiencias and tlie tcelic ftc iscal of tlie audiencia of Ilalbana, 2,000 pesos as pay mald 3,(000 pesos as extra l)pay. Tlle fiscal of tlce audiencia of I:al)a1a, 2,300 pesos as pay and 3,550 pesoS as extra pay. ART. 447. Tlie tiicntes.fiscal(s all(l tile ((bofadols fiscales wl)o lea(ve tle pllace of their resid(elce to attend extraordinary chambers of audiencias, shall receive an extra pay of 5 pesos for each day spent away from their place of residence. This increase slhall not be complted for retired pavy. CRAPT-Ellt V111. TRANSFERS, SUSI'ENSI()NS, ISCIIARI;ES, AND RETIRETlIENTS )1 OFFIICERI' ()1S' '1 E I)EPI'AI{TMIENT 1F' PUBLIC(' P'!OSEC( 'TI~(N. Awrr 4. 44. Traiisfers, suspelsions, disclalrges, aInd retirements of officers of tlie delpartment of public proseecution slhall bee iniad1 il every respect in accorldalce withl tlie fiorm and rules estlablislled( in Title IV of tlis decree-law for oflicers of tlie judicial service. (CHAPTER IX. LIABILITY O1 OlFFICER4S (OF TIE IlDEPARTMENT ' (I 'UILIC PROSECUITION. ART. 4-49. There may be (lellandedl of ofticers of tle depI)artllelt of public prosecution a liability, civil as well as crillmilal, ill tle cases illnd il the imaller establisledl in Title V of tllis dec'ree-law, witllont firtler modificationls tlhin tlose mnentioned in tlie following articles. ARIT. 450. A trial for criiniial liability may be instituted Olly by virtcue of a ruIlillg of tlie colmp)etent si)perior (court or at tlie instalsce of tlie departmenl t of public p)rosecution. 3007- 7 98 ARTj. 451. Clourts before officially proceedliug against officers of the department of public J)rosectitioll shiall grtant a hearing to the jinmediate hierarchical superior of sai(d oflicers, cominunicatingY to him the facts on whichi the cauise is to lbe based. CAIAPTrmR X. POWERS~ OF THlE IDEPARETMENT OF PUBILIC IRO.1SECUTION. AmiT. 452. It shiall be the dutty of' the (delpartmenlt of' public iprosec11 -tion: 1. To sce to the carrying out of' the, laws, regulations,, ordinances, and provisions of ani obligratory chiaracter referring- to the administration of justice, an(d to require their observance. 2. rf0 giv~e to its respective snbordinates the general or speckIa instrulctionis for the fulfillment of their duties, with the aim of making tile service of time del)artlnent as nifilorm as possible. 3. To Illeserve intact time.powYes andl comnpetemicy of suplerior and inferior courts in general, to defend thie same froin any imivasiomi0 co.1ining eiter romthejudiciatl or the adlmmin~istrative service, ra~ising questions of completency, aippeals on accomint of abuses of jutrisdiction, or appeals froni wrongs of ecclesiastical courts (recursos (le fuierza en conoccr) tamd opposing questions of comnpetemncy thiat are raised un -justly against time inferior or suiperior courts in whtich the officers of said department discharge their (duties. 4 rTo relpresemlt the State, the Administration, and publicedctna and benevolent instituitions in qutestions in which they are a party, either as pl-aintiffhs or as defendants. 5.Totae p-art in ane officialI caplacity in causes concerning the civil status of per'sonls'. 6. To represent amid dlefendl minors, inelapaci tatedl lersoils, ab1)sentees, or persons 1)reventedl from administering their property, until guiardiamns have beeni selected for the protectiomi of their property and rights. 7. To promote the institution of criminal. causes, for crimes and offenses, whenever their Iperp~etratiomi comes to the knowledge of the oflicers of the (lepartinenit; if said causes have not beemi begun cx officio by the prope~r officers. S. To( appear for the (lovermiment in all crimin-al causes with the excelptiomi omily of those which, according to the laws, ma~y only be instituted1 at the instigatiomn of the aggrieved party. 9. To investigate with sp~ecial diligence arbitrary arrests that are ina~le and to see to their piumisllmnentS. 10. To attend hearings in matters ini which the del)artlment constitnites a party, with the excelptionl of' such matters only in whichl thle (Governmment can not be 1-el)resentedl. 11. To raise qunestionis of disciplinary Intnmishlmnent ini cases in whichi such action is prVoper according to the law-s. 99 121. To see to the fulfihllnentof decisioiis iii actions aiid causes in which thie delpartmenet acts as a lparty, and to this effect officers of the departmneiit shall have the right an(d obliga,tion to visit penal iiistitut~ioiis, to see whether sentences of criminal causes are being executed in the form inposed. They shall not, nevertheless, introduce changes in the management an11d discipline of prisons, confining themselves, in a proper case, to inf'orming the Government of the defects whiich they have nioticeed and the iineans of correcting themm. i1,3. To bring to the ]knowledge of the supreme court aind of the (Governmnemit serious abuses anid irregularities noticed inii inferior aen( super.ior courts, when. the departmenit hals no power to remedy themi in ally othier way. 14. To express verbally an opinion in urgent matters of easy solution which shall be stated in thme ruling or decree proinoiimced in the m~atter. 15. To request of interior courts and thme suplerior court of tile territory iii whiceh officers of the depltartnment rendler service, and whlich are subordhinate to the court to which they belono, causes amid matters thtat have been terminated, in orlder to exercise sillervision over tile administration of justice, amid to demand the correction of abuses thanst may occur. -16. To request assistance fromt the,authorities, of wilinatsoever class they imay be, for the (lischarge of the duties of the department,, said authorities being respomnsible accordhing to law for thme consequences resulting froin their failure or negligence, iii renidering said assistance. 17. To fulfill. the other obliga-,tions imposed upon the department by the laws. ART. 453. -Fiscales shall adopt suhel rules, as they think propier for the distribution of the work amtong the temiencutf iscaics antid time abo qados sficales who are nnder their immediate orders, Jpreservilmg equality of work. among them. ART. 454. Thef/iscalcs of the respective audliencias shall appoint substtue abcdos fiscales to replace the regula r officers iii ca ses of vacancies or any other impediment. ART. 455'. Lawyers aimpoimited as sulbstitutes sh~all have a right, to thle same benefits, that are granted to sulbstitute associate justices. The same rights shall be enijoyed by thef/iscales of municilpal courts or courts of justices of the peace who are lawyers. CH~APTER XI. UNITY AN) DEPENI)ENCE' OF THLE D)EPARTMENT OF PUBILIC' PROSECUTION. A m. 456. In order to mnaimntain the unity ami d (ependence of the (lepartmenlt of public prosecuti om, thme fiscalcs of' ternitori al audliencias shall] have the power of inslpect ion over etach and all the fiscaics of time crimnalaudemiiasof trme reslpective tertitory, for which 1)um-lose thme hitter shall submit to them within the first fifteen days of the month of May 100 of each year a memorial on the administration of justice in criminial matters in. the audiencia of their circumnscriptioni; andol the ficale, of territorial audiencias on said reports shall inake such observations as they deem proper to the fiscales of criminal audiencias submitting~ said rep~orts, and shall give taccount of this action to the fiscal of the supremne court, submitting to himi another memorial (luring the first fifteemi days of July. IDuring the *judlicial year, the fiscaics of territorial atidiencias may likewise request of those of criminal audiencias the data andl iniformatioi they may deem proper, anid adopt appropriate measures in order to majiutain the unity of jurisprudence, bringing all matters to thre kinowledgre of the fis~cal of the supreme court. Au~r. 457. Thiefiscal of the supreme court is the chief of the (lepartmnent of public p)rosecutionl in the entire Monarchy. Tliefiscalcs of territorial audiencias are chiefs of thre department of public prosecution ini their respective territory; but in criminal trials they shall only exercise the duties of their office before the criminal (hainber of the reslpective territorial aumdiencia or before the saume aniliencia bi banc, whemi the latter resolves itself into a chamber of j uistice. Thjiscaics~ of criminial aunliencias a re chiefs, of officers rIepreenin the department of public lprosecitiomL in municipal courts. The fiscal of the supremne couirt shiall li ave disciplinary Iurisdictionl over all thre officers of thie department of 1public lprosecutioml. Theyfiscaics of territorial audiencias shall have disciplinary jurisdiction over those servinog under their immediate ordlers and over the fisca idcs of crinmin al and iencias. The Latter over their auxiliary- officers anid over the fiscaics of lnnnicipal courts ini their lprovince or circumscription. Officers sentenced to a punmishmuent by the *fiscalcs of territorial auilienci~as or by those of criminal atudiencias, may eniter ain appeal to thiefiscal of the supreme court, and, as at last resort, to the Secretary for the colonies. Officers sentence(I to a p~unishmenelt by the fiscal of the supreme court may appeal only to the said secretary. ART. 458. As a consequence of the provisions of thie foregoinigtarticle every.fiscalI: 1. Shall re})ort to his immediate superior the crimes and offemises of which lie hias knowledg-e bronghit eitlier at the instigation of the aggrieved p)arty, or cxr oflicio, or at his request. Ilie shall (10 this in the time amid mannr lprescribed by time Laws, regulations, or by the rulings of his hierarchical superiors. 2. Shl ofr t h ntuctions comnmimnicated to him by his hierarchical sulperiors ini matters referring, to ditties of tile departmenet of public p)rosecutionl. 3. Shiall consult Iiis iminedilate hierarchical stiperiors, whenever suich 101 action is necessary or advisable on account of the gravity of th-e matter, the diffic-ulty of the case, or for any other reason. 4. Shall reslpectfully submit to his hierarchical superiors such observations as lie thinks, advisable, relating to the orders and iiistructions \vhicli lie considlers contrary to law, or which, on account of erroneous cons~truction or any other rao ar-e,amsse heshall not, however, (leviate fromt said ordlers and iiistructioiis until he receives anl order to this effect from his superior. 5. Shall enter in the proper time anid form, wheni not instructed to the contrary, appeals proper in matters iii which lie takes part, without lprejudlice to what his superior miay decide as, to their prosecution. Ami. 459. For the execlution of the, provisimns of the two last nunilbers of the preceding article the siilerior, ini acc,~eptfing olbseivations,; slilmittedl by his subordinate, wheu lie linds said observations leg-al. an~d well taken, shahl modify or counteniiand the orders and instructions which lie himself may have issuedl. InI case saidl or(ders have conic fromt another hierarchical snperior, the superior referi-ed to ini the precediiig ~)rga hl rng sa, ol)servatioiis to the kn-iowledgre of the tormner, giin at the same timie, his own iiiforination, whicht lie considers proper, in ordler that the, matter may be decided fii a proper imainer. -When the ordlers aii( finstructions have beeii giv-en by the (ioverit-i macut lie shall relport to it in- order th~at the latter niay (lecidhe onl the in atter. ART. 460. Wheii the siljerior does not consider the observatioiis submitted by his subordinate as legal or well takeni, lie shall. give hiim suchl instructions as lie dleemns lit; aiid if lie thiiiks such. action adlvisable, lie may ah)phoiit another of his subor-dinates to suibstituite him iii the dispatch of' the affairs. CHiAPTER1aX DIiS(C'P11INAR ay 1'N1S11mFN'ir 01F OFFICER'S OF THEi DIEPARTMIENT 01 PLIC' I-CUIiON. Amr.1 461I,. Iii cases which, accordiiig t0 atrticle 389, the (liscip)limiay punishmnent of *judlges and associate justices is proper, it iiay also grive occasion to disciplinary lpunishimeiit of officers of' the (lehpartmeneit of lpublic prosecutiomi. AnT. 46.2. The disciplinary lpenalties that shall be iliilosed on officers of the departmenit of' public prosecution shall be the onles fixed in article 368 for *jndges and associate justices. ART. 463". Tho (liscliplimiary penalties may be imposed after examinling the officers concernedBy the fiscal of the suprenie court omi all officers of the dlelpartmenet of public prosecution. By fisca~lcs of auidiencias oni the officers serviiig iulider their inmmie(hate ordlers amid on those of imumiicipah. courts or couirts of justices of the peace alid courts of first instaiice and exa~minationi. 10(2 ART-; 464. Fromi the (lisciplinary penalties imposed by fisc(iic,~ of audiencias an. appeal lies to the *fiscal of the siupreme court. From the penalties imposed by the fiscal of the supreme court, either directly or by confirming, modifying, or revoking the lpemalties imlposed by fiscales of audiencias, an appeal lies only to the colomial department. ART. 465. There shiall, be 110 further aplpeal from the decisions of the colonial department. TIIT-LE XVI 1. ATTORNEYS AND) SOLI CITORS. CHAPTE'iiR I. PJR0VISIONS COMMION TO ATrTORNEYs;-' AND) SOLICITORS. ART. 466. Ini towns, which have territorial audienicias there shall be ain association of attorneys (colegio de abogados) and an association of solicitors (colcffio (le procutra(Iores), the lprhicilpal object of whlich shall be the equal distribution of duties among those practicing in the courts of the loc-ality, the good order of the respective corporation, andl the decorum, fellowship, aiid discipline or the members. AiT. 467. Associations of attorneys and solicitors may also be established: In the capitals of provinces where thiere is no territorial audiencia. In towns ain which there are 20) practicing solicitors or attorneys. ART. 468. For eligibility to mnembership of tile association of attorneys, those shall be comisidered as residents who, without stayinig ain the town, reside and practice their profession withi a radius of two leagues, provided that said attorimeys agree to share with other nmemnbers in due p~rop~ortionl thte duities im)osedl up~on them. Thils rule (loes iot include solicitors who mnust, nec'essarily reside where the association is situatedl. ART. 469. The membership of tihese associations sliall be unlimited, and. all candidates requesting admission shall be,admitted, lprovided1 tkey prove thiat they possess the legal capacity prescribed by this (lecree-law for practicing the resIpective lprolessioml. ART. 470. The by-laws of the associations of solicitors and attorneys shall establish their organiization. an(d mnanagement, thre coilditions of admission, the relations of members withr the association and witil courts, the obligations of the former, and the disciplinary penalties which may be incurred ill initters not appertaining to the disciplina(Iry.jurisdiction of finfeirior anid superior courts. ART. 471. No personi cani lractice thle lprofessioil. of attorney andl that of solicitor at the same time. The peison who, after practicing one of sa~id protessions, selects the other shall cease to Ipractice tile former, and( shall be (Iropped from tile list of tile respective association. 103 AIRT. 472. In the towns that have associations of attorneys or solicitors tlese professions can be lpracticed only by those whl are nmenibers of said associations and have offices il the said towns. Persons who do not have the iecessary qualifications for the professionl of attorneys and of solicitors can not b)e adlnitted as members of the associations. ARTv. 473. Attorneys andl solicitors shall be obligel to defend the poor free of charge, tle conditions establislled in this dlecree-law beinlg observed, in order that this obligation be not distributed unequally. ART. 474. The governing boards of associations of attorneys and solicitors shall respectively establish such rules as they consider mIost just for turns in distribution of actions and causes of indigents, preserving tle strictest possible e(quality. Tlie deans of the associations shall llmake alppointmlents in conformity with said rules. ART. 475. lit towns that are seats of judicial subdistricts, iln which there are no associations of attorneys, tle secretary of tlle court of first instance and examination, under tlhe supervision of tle jtd(lge, slall make the distribution of actions and causes of indigents among the solicitors and attorneys, observing the strictest l)ossible equality. Atr. 476. Where tlere is no association of solicitors or attorneys, it shall be necessary in order to practice these l)rofessiols: 1. To possess the qualifications required therefor by this decree-law. 2. To belong to or be a resident of the town in wllich tlhe law office is to be opened, and in tlhe town of the residence of tlhe court at which lie practices the profession of solicitor. 3. To register in the inferior or superior court:as a l)racticig attorney. 4. To pay tlhe tax of industrial subsidy. AlrT. 477. Solicitors and attorneys beftoree beginlilg tile practice of their profession slhall take:an oatl to observe tlhe constitutioln of tlle Monarchy, to be faithful to tlie Kinig, iand to carry out strictly and loyally all the obligations imposed on them by tlie laws ald p)rovisions of regulatiols. \RT. 478. The oath referred to in tlie precedlig article shlill lbe taken: In towns where there is a territorial aludiencia, before tlhe chambers of adminiistration of tlle same. Where tlere is a criminal audiencia, before the same. Where there is no crimin l audiencia, before a judge of first instance at(l examination, if there be any, <1lnd if not, before a muInicipal judge. ARwT. 479. Attorneys and solicitors shlill le suIbject to tlie discip)linary jurisdiction of courts in the terlms fixed by this decree-la:w. ART. 480. Attorneys desiring to practice their profession in the colonial provinces and possessions sliall presellt their degrees duly legalized or accompanied with a certificate of identity issued by the colonial department. 104 CHAPTER' i II. PRA(' TICING ATll'( yKNYS. ART. 481. The following are tile reqluirements for practicing the legal profession: 1. To be at least 21 years; of age. 2. To be a liceltiate at law. 3. Not to lhave been prosecuted criminally. 4. Not to lhave bleen sentenced to corporeal pullishment, or to lhave been exonerated therefrom. ART. 482. The following lpersons canl not practice the legal professioll: 1. Persons discllargillg judicial duties or tile duties of the dep)artment of lpublic prosecution. Fromi this rule are excepted municipal judges or justices of the peacce, atld liscahls of municipal courts or courts of justices of tile peace. 2. Persons filling offices ill tile service of tile general alminiistration of tile State. 3. Auxiliary officers and( employees of courts. ART. 483. Notwithstandling the provisions of articles 472 and 47;,) lawyers whlio are not registered in the associations as Iaving law offices, or il tile inferior or superior courts to 1ractice law, but who possess tile qualificationls specified ill article 481, may lefend either in writing or orally their own civil matters or criminal: cases, and those of their relatives within the fourth dlegree of consanguinity or secondd of aflinity. In tliese cases, wherever there is a ii association of tattorneys, they slhall be lqualified by its deali. Where there is nmone, they shall present proofs of their being attorneys adil of their relationship, ill a proler case, to tle judgOe or cour't l)efore whoml( or ill which they are to act in defese, amndl said judg(e or court shall grant them their authorization. ART,. 484. Attorneys of:Lan association ill a capital of an audiencia may act ill defenise before tile or(litnary amd( extraordinary clhambfers of tlie sami:te ill whatever towns salidl clianmbers are convened. ' ART. 4. 4. Attorneys wlio slall act in (defense of indigelnts call not excuse themselves froml tilis ol)ligation ill crimlinal cases without lersonal an(l justifiable reasons, which shall b)e rule(l upon by l)eans of associations, wnhere tlre are any, acco(rdino to their good( judgment, amid in tleir absence by tlhe jud(ge or courts l)efore wilicll said defense slhould b)e 1Lmade. ART. 4S(-. Attorneys sliall appelar )eftore courts ill tnle dress of tile l)rofession, wliichl shlall be b1lack, with a cap adl gown, of tile same kitnd as tliose of juldges 1and associate justices, ad(l without any other distinctive marlk whlenever they attend solemnii acts and hearings of inferior or superior courts. 105 CHAPTERI III. SOIICrI O )S. ART. 487. fIn order to be.a solicitor, it is necessary: 1. To prove all expert knlioledge in the order atil 1 procelure of trials and in the obligations imposed upon their profession by law. This qualification slhall be proved ill thie mannler establlislIed in the regulations. Fronl this formiality are excepte(d tlose lwho are alttorneys or whol have colmpleted the studies land obtainedl the qulalificatioll required for the office of notary. 2. To possess the qualific:tions establishled for attorneys in numbers 1, 3, and 4, of article 481. 3. In cases of persons whlo shalll select tlle l)rofession lereafter, by virtue of this decree-law, to constitutte a:s a (glluarnllty, a deposit in slecie or il pal)er currency of the State, at t lie rate of tlhe officiall quotation to thle aollunt fixed below: Five thousand pesos il Il)abanla. One thousand five hundred pesos ill otlier cities liavilig a territorial audiencia. ()Oe tliousand pesos in localities having a criminal aud(Iiencia. Five Ihul(ndred pesos il localities lhaving a, court of examination ()r of first instance. lTwo hundred il otlier localities. This security may be given on real estate of' tlhree times thll value fixed inl the preceding scale. II every cas te tle gular'anl lty comy consist of one-fitftl of tlle sums fixed, dlding to it tlle title of an alienalted office of tlat class whlile it shall not lhave reverted to tle State. ART. -148. The bonlds of solicitors shall serve as security for files imposeld ulpon them, for lmolney received f'rom) tleir clients for judicial costs, or itn any otlher civil, criminal, or discip)inary liblity arisingl iln tle lpractice of tlieir p)rofession. ARlT. 489). Whenever tile bond is reducedl for any of tlieC causes explressed Iabove, i must t e compl)eted by tlie solicitor. If lie fiails to comillete it within two i(ionitlls, lie shlll (be suspende(d from1 his office. AIuT. 490. Whlenever a solicitor ceases to I)erformt hlis duties for any reason whatsoever, an aLnn11oun1ement sliall 1)e 1pu lishled in t1e official nmewspaper of the province il which sa(id solicitor hIn hlis office Iand in the official newspapers of tlie town, slould tlhere b)e any, ill order that any claims against him mnay be imade within tlie period of six montlhs. After said periold lias elasped, thle deposit shall be retuilrled to tlle solicitor if there are no claims. If just claimls have been made witllin tlhe pl)olper time the creditors shall receive front the deposit what is due them. 106 ART. 491. Solicitors of the same town shiall replace one another in eases of leave of absence, sickness, or any other legitimate fimlelinlenit. In towns not having a, number of solicitors sufficient to represent the parties or to replace one solicitor by another-, the judicial authority may appoint temporarily a person who, besides the iiecessary conditions of age and morality, possesses knowledge eniabling him. to act as solicitor, it being Understood. that this appointmrent shall always be s1)ecial and for a certafin case. AR~PT. 49.2. Solicitors are absolutely forbidden to perform auxiliary duties in the (lependlencies of inferior or of sutperior courts. TITLE: XVIII. RECESSES, LEAVE1S, AND COMMIUSSIONS- OF THlE SERVICE. DAYS ON W11ICH (01 I1IITS 1)0 NO T 11011 SESSIONS. ART. 493. Superior a11( inferior (courts shalot hold sessions: 1. On whole holidays. C) _'~~~~01 enrit of' the 2.On the King's (la1y,,and onthose of the Queeni the R Realm, and the Prince of Asturias. 3. On Thursday and( Friday of Holoy Week. 4. On national holidays. ART. 494. Without preJudlice to the provisions of the precedlill article, tI e (lays specified therein shall be Juridical (lays for the institution of p)reliiiiinary proceedlings fin criminal causes, without being specially madle such, andl may be made such for (any other ulrgent, clivil, or crfiniiial procceilhigs. ART. 495. For the purposes of the precedinig article, such p)roceedhigs shall be (Cohsidlered as urgent th:,e lpostponeilleiit of which may, fin the judgment of the Judge or court, c~ause great (lanage to the defendaimts, thme litigants, or to the good administration of justice. (mHAPrTER It. LEAVES'. A.\RT. 496. Municipal *judges of the Anttilles and justices of the peace of the -Philippines mnay absent themselves for eight days or less, from thme rmunicipal territory iii. which they reside, leaving their substitute in charge of their offices, and inflorming the judlge of first instance of the subdistrict of the fact. In older to absent themselves for more thanr eight and less than thirty (lays they must obtain, in wriiting, leave tromn the 'judge of fir-st instance of the subdistrict,7 ammd for a periodl of from thirty to niinety (lays from the p)resiliIng judge of the atidiemlcia. ART. 497. -in none of the cases referred to in the two precedimmg articles may ]nunicilpal judges or justices of time peace absent theinselvN:es 107 from the municipal territory in which they perform their duties until the respective substitute takes charge of his office. ART. 498. Neither judges of examination n-or of first instance may absent themselves without leave from the districts in which they render service; nor associate justices of whatsoever rank from localities where the courts to which they belong are situated. From the provisions of the precedinlg paragraph shall be excepted those who are absent in order to i)erform their duties or to take some legal steps in the adininistratioln of justice. ART. 499. No leave sllall lbe granted except upon the request of an employee, passed upon by his immediate superior. If it is made on account of ill healtl, it must be duly proven. If it is made on account of personal matters, tile immediate superior, in passing upon it, shall state whether tile granting of the leave would cause injury to the public service. It shall be an obligation to grant leaves when the person interested in soliciting the same has complied with the requirements of the preceding paragraph. ART. 500. The granting of leaves shall be madle in conformlity witl the following rules: 1. It shall be an ilndislpelslable conl(dition for requesting leaves to have remained without interruption in active service for three consecutive years in any of the colonial provinces. 2. The maximum period of leaves, which can not be extendled, shall be regulated as follows: Six months for officers of the Philippine Islands and four for those of the islands of Cuba and Puerto I'ico, who have fulfilled the conditions established in thle preceding rule; nine months and six months, respectively, for officers of the said islands, if they lhave remlained in the condition established by rule 1 for six consecutive years; twelve ontlihs and eiglht months, respectively, for officers of sai(l islands, if their uninterrupted active service lias reached tie period of ten years. 3. Making use of leaves, on whatever condition they may have been granted, deprives tlie officer of tle privilege of requestingl anlother until the conditions whlich, according to the case, are specified in rules 1 and 2 shall have been again fullilled. 4. Leaves shall be requested by the officers concerned of tile cololial (deptartmnent, in due forml and through tile proper chanlnel. 5. Only in case of serious sickness, (duly proved, and wlhichl endangers the life of tle officers interested, mLay governors-general grant leaves for Europe, for half tlie time, respectively, fixed in rule 2, after a proper investigation, instituted by tile immediate superiors of tile officers. 6. Both in making investigations to prove tile causes for which leave is asked and in tile paymtent of salary during tile said leave, according to whether it lhas beeie granted on accolunt of sickness or for personal matters, there shall be takenl into account tlme provisions of tie preceding rule, land further that it is obligatory to grant every leave in 108 whicli tlle officer requesting it lias proved his ill health, and tllat su(ch officer slhall draw only the personal salary assigned to is offlice from tlhe (lay on which lie ceases to perform his duties until thle day on which lie resumes tilelm. ARlt. 501. Leaves for aly point of Asia or Amlerica ilot includled in the colonial provinlces shall be granted by governors-general for tile period of forty-five days, an extelsion being' limited to twenty-two dlays more, ill cases of sickness that lhas been prove(l, the officers on sucll leaves dIrawillg tlie pay:an( the extra pay corresp)olding to their office. Wlhen leaves are granted for persmoal matters, they shall iln io case exceed forty-five days, during whilch tile oficer on leave sliall niot draw any pay whatsoever. AIRT. 502. Leaves for tle interior of the islands ill whichl tlhe officers of tlie jullicial and of the )public prosecutioll services fill offices siall be granted 1)y tile l)rol)er sul)erior authorities ill conformity with the following rules: 1. Employees of the sai(l services ca1n lnot absenlt tlemselves from the townI in wliche they pertormi their special duties without leave granted by tlie proper authority. An officer absenting lhimself without leave sliall be considered as resigning his office,:ua(d slall be declared suspenldel, this provisior being without prejudice to tile other liabilities that maIy arise. 2. Lea:ves must be asked for ill writing and through1 the ilnme(liate slllerior. If tley are made oli account of ill healtl, it is necessary to justify tlie request by a mledical certificate. If tile justification preseted by tlie l)etitioier applears insuiflicienlt, ill tlic ol)itioll of llis c(lietf tlie latter may orler tlat they be amplified. n11 a l)etition for leave tlie eml)loyee p)resentilng it shall state tile leaves lie lIas en joyed during tile tlree precedingl years. 3. Immediate superiors, il lpassing u)po0 requ(ests fior leaves, sliall inlform tllemselves as to tile necessity for said leaves to employees, and as to tlme p)ossil)ility of granlting them witllout Iprejiud(ice to tlhe service. 4. Leaves ill case of sickness sliall be granted witl full salary for oie monltl o(lly, adl witll hallf salary for fifteen days muore; those granted for othler reasonls sliall e withlout salary. 5. Leaves ttlaken by employees sh1all be noted in their record of service a11ld ill their l)ersonal record. (i. A1 elmployee w\lio ]1as obtained leave during tlhree consecutive years sliall not obtain another one dulrilig tile next three years. AART. 50:1. A leave granted a1 employee slhall be 1u1ll if, before making use of it, tile elnl)loyee is tranlsferred to llanother office, a nlew order bIeiiig required in order that lhe may make uise of the stame ill his niew position. ART. 504. A report shall be nlade to the cololial department on every leave granted to said employees ill or(ler that a meeioranlduli of it may be madle in tlhe respective personal record 109 Ampr. 505. The period of residlence referred to in, rules 1 andl 2 of article 500 shiall not be collsi(lere(l as illterrulpted by obtainling, leaves askied for by the interested 1)arty or lby a voyage or residence in the Peitinsula, to which the officers are conllelled, when by order of thre G3overnmnent they are transferre(1 fromt the Philippine Islands to those of CJubat an(d -itnerto lico, and ricer?'CFsa. AiuT. 5061. Authorization of res-idence of' colonial otficers after the periodls of leaves fixed by the regulations have elapse(d is absolutely prohibited. ART. 507. Leaves for the P~eninsula sliall imot lbe grtlnteI tat the same tie totw ascteJustic-es or the same (court in ca se of a criminal auidiencia, or to more thian. one-third of the associate jutcsInaeo a ternitori al landiencita, including th~at ot ilabana. Leaves, likewise, shiall not be takren at the same timre by two officers of the (leptartmnent. of public prosecution belomiging to the samite sul)erior court or by the ju(lge and tfiepr)omotor of the saime (district. Only iii the audiencita of IHabana may two officers of the department of pub~lic I)Losecultion imake use of le~aves for the -Peninsula at, the same timre. In garanting leaves in the clases relerredl to above, lm'reference shall be given to the officer who shiall have served a longer period withiout tiakbiig a leave. ART. 508. When officers whio have Obtaine(1 leaves mimake ta (1irect voyag-e for the Peninsula or to anyfi other 1)oimt of E'uro~e, A:xsia, or Americta, the day of lauding- shall be considlere(I as thie dlate onl which theire leav-e begins, -which they sh~all prove in a certificate, issuie(l by the captain of aport or by the SpanHish consul, according as to whN-Iethe-,r the p)oimit of destination of the voyage is in the Peni misula or oultsi(le thereof, respectively. If thle voyage is not dlirect, time tihue~ of tIme leave sh~all be comunted from. the date of emnlarkation- from thle colonial lprovince in which) time emlployee, resides. ART. 509. To fulfill the obligatiomms imposed 111)01 an officer ou leave he shall clonform to the following rules: 1. Employees imakingr -mse of at leave must have their rettirni emubarkation certified to before thietime (,allowved for thieleavt\e has e-(,xl)ire(l. This shiall be effected by me-ans of a certification of the cap(-qtafin of the j)omt of embarkation from time lPeiinsutla or of thme Sp)anisis consuil of the, llace abroad fromt whichi thiey begin their journey. They shall likewise prove their arrival tat the lpoint of their office by a certificate, of the captain of thie lport. Iloth certifications shiall be umade in (hillicate. Omme, oftes they shall sen(l. to time coloni~al departmemnt amid time othier to thme iutemulamt or director of the treasury of' thme provinice in whiich thecy serve. 2.Any voluntary detemition or interti m f iertr oa el~fti lhavhimn. muade use of' a lea~ve shall cauise the forfeituire, of' the officle. $3.Whemevr, t thme exlpiratiomm of thme time allowedI for a leave, the employees to whomm said leaves have been granted do) not have thleir 110 reelbarlkation for the poiilt at whichl they hold offices certified, tley sha:ll be dleclared suspenlded, counting from the date of expiration of tlhe term of thle leave. 4. Leaves slall become void which are not mIade use of within two mollnts alt ter lhavilln been commullicated to tle 1)ersons interested if said leaves have b)eei granlted for Europe anld betweell Asia and America, and( withii onle monthl if issued for points on the siae or neighbolring1 islands, whether of tlhe Altilles or of tie Philippine archipelago. Those grallted to employees obtainillg nlew offices shall likewise become void, without regfard as to whether said employees are Imakinlg use of tlle saIie or lot. 5. Transportatiol expenses shall nlot be paid( ui(ler any circumlst:nles to emllployees on leave, 11o matter whlat is tile c(,ause thereof or to what poilt tlhe employee on leave may go. (ClIIrr I I II I. C(O lMMISSI()NS. At1''. 510. (Clomissions for service in the P'einsula shlall be co(nferredl only oml account of extraordilary and urgent needs of tlhe State, shlowit ill:a wiritten communiicationl of the hliglher authorities of tlle colonies, it tlhe grautiing of the same emaniates fromi tlhese authorities, or inl a royal order if tley are determined bIy the colonial department. ART. 511. Said concessions can only be conlferred for the period of four months, which can not be extended, countiing from tile timle of landlilig at a port of the l'eniisula after a direct voyage from the place of emIl)h)oylmelt, to the l)residiilg judges and.liscalcs of territorial audiencias, with a right during the enltire duration of the commission to the lersonal 1 pay (of tle office which they fill regularly tanl(d one-half inl addition, land to the traveling expenses both ways, duly justified. Art. 51.. Officers comilng to the I'eninIsuln from the sai(d provinces ill comllission of the service shall prove immediately on presenting tllemselves at tlie colonial departmietllt tllat they lha ve la(lde a direct voyage. If they should not have done so, they shall lose the right to tralslportation at tlie expense of the State iad to tlhe emolumenlts allowed themi on aiccount of their extraordinary duties, and shall be obliged to retfundl to the public treasury tlhe sunt advancedl to thlem on either accoiut. In sucl case they slall be obliged to return to tile place of tlie office which they regularly fill withii tile period of thirty idays, which cami not be extellle(l, counlted firom tile date of their lauding, during wlhicli period they slhall have 10 right to any pay. ARmTy. 513. 1Ex;traordinar1y commissioms fior tlie service llay also be contferred in slecial circumlstalfces for pllaces witlin the colonial l)roviiice il which tile emplloyee who is given the samle lills lhis office, aind if said employee mnust leave tle place of his resi(dence lie sliall have a right to the pay, extra pay, and ill aldditiol one-half of the total pay 111 idring tlhe duiration of the commlissio)I, w\ich can nlever exceed three lmonths. They shall also be allowed travelilng expenlses botil ways. ART. 514. Ili the future n1o alditiol of tlle otticers of tlhe colollial possessioins t tile cohlnia l deplartienlt or t, aiy other office of thle Iadllinistratioll of tlle Penlilsula slhall be decreed. ART. 515. Every officer coming' to tlhe Peninsula otherwise than un1lder tlie conditions establlislled inl thiss decree-law, oil leave or ill (omllllissiol for tile service, (evel if either lils bee grallted tlhrough an1 error or tile Ilegligenlce of lhis Ilierarchlical sulperiors, s shall be dis. chl:ar'ged( from tlle service. Tlie order of disclharge sliall be retroactive to tle day on whichl saidi officer ceased to p)erform ' tile regular duties of his office. ARi,. 516.. Notwitlstandling tlle proviisions of article 51l1, offtices of the judicial and tlie lublic lprosecution services may be detailed to tile codificaat;on commiission of tle colonlial provilIces ifor tlhe peliod of four ilioitlis at tlie utm-ost, wliclh cali lot tbe extended. To said details only such officoers cail be alppointed who actually lold tlie oflice of associate jillstice of a terlriirial audiencia, in thle l]rol)Ortion of one officer for each t a a to of tle saf t icers for tllat of It l1)abana. Trle Inumlber of officers tiuls detailedl (all not exceed tllree. ART. 517. Tlie pleriod of four imoitlhs slhall be counlted froml tile ldate of landing in tile lellinlsula for tlie officers who obtain a commlI ission while residing il tlie colonital p1rovinlces at t the tiiie we]lll tle sale is conferred, anl(l from tlie date of tile royal order' conlferrin tlie comnmissionI for tliose residilg ill tlie P'eninlsulal at tlhe tiite therleof. \ART'. 518. Tlie oflicer who, in aly of tlle cases relferred to ill tllis clhapter, lIas not had his eml)arkatiol certified to witlhin the period for wlhichl tlie commllission is collferred, shall be coilsidered as resignliilng lis office Iand shall be declared suspended. ART. 519). Tile provisions of tllis title are hereby exte(llded to the officers of tlie (lelpartmllet of lllublic )prosecution. FINAL PI'OVISION. All legal provisionis conllictilg witll tliose of this decree-law are hereby rel)ealed. Allprowved by HI e 1rI ajesty: AlMA )RIDI J(nlt 1t( ry;, 19I'1. _ ~~_____._________I-_I___:I-__I- -—, --- — --- --- " -: r:: II: I: _ n __ __ _ _ — APPENDICES. 113 3007 - 8 I APPENDICES. Royal decree of April 3, 1884i, dcclaring the termination of the application of all the temporary provisions of the additional law to the organic law on judicial poicer. STATEMENT. SIR: Few subjects have been the object of such varying laws as the appointment and plromotioll of the officers of tlhe administration of justice. The noble purpose to give due consideration to legitimate aspirations and interests, together with the great changes in the organization of courts, has produced such a complication of series of succession, categories, assimilations of rank, entrance into tlle service, and provisional powers that it is very difficult, even with tlhe best intentions, now to proceed in so delicate a matter without offending legitimate hopes, and even rights that should be respecteld. Nevertheless, it is nlecessary to devise a remedy for a state of tllings which has been disturbing, for reasons lying beyond the control of anyone, the personnel of so important a branch of service, unexpected promotions being given to some, otlhers being forced to wait, while, on the other hand, persons have been taken iinto the service who, according to the laws, could not hope for admission. Reforms of so radical a type as would conform with the desires of the undersigned secretary can not be proposed by him to Your Majesty at the present time, as he has too much respect for matters which, directly or indirectly, are of a judicial character to interfere with them to any extent without a previous decision of the Parliament; but one painful, though brief, experience has demonstrated to him the imperative necessity of regulating without delay that organism which, more than any other branch of the service, demands order and respect, seniority and hierarchy, modest, but certain, hopes of reward for diligence in work and tlle removal of persoial influence, and which, unfortunately for some time, hlas been suffering from defects diametrically opposed to such conditions. The only thing which can for the present be effected, and which is really of the greatest urgency, is to limit arbitrary ministerial decisions, which seldom prove beneficial in countries which, like our own, have a political parliamentary government, united with a social democratic organization, and to secure this it is probably more important, instead of elaborating eew substantive precepts, to seek a method of proceldure whlicl will insure a vigorous fulfillment of the precepts whicl have already been p)romulgate(l. It is sad to say it, but in this, as in the other branches of our administrative legistration, the perfection of the written law contrasts with the difficulties of long-sustained and efficacious practice. Thus the 'All the articles of this decree are still in force except articles 7 and 8, which were repealed by royal decree of April 8, 1886; consequently it must be observed, taking into consideration the provisions of subsequent decisions concerning the various series of succession. 115 116 artistic and complicated provisions concerning series of succession of the orgailic law of 187()a0 iteadtinllwo 82 satisfy the most exactfing spirit by dichir variety anid mnethodl; butt the pro visions onl the bureaut of personnel seemi -liever to have acqtuiredl ain actual applica, tion, certainly not by the, fault of the governmenits, lut for want of regulations to carry these iprecelpts into etiect. This considieratioll awakenis in the unilersioglied secretary a fear thiat lie, m1ay riot be m1ore su~ccesshil ini the future; lbut lie has been Iuovedl by the desire to mlak~e the greatest emilea-fVol' inl seekhing, additiontal. forimulas taul guaranties for- carrying into effect thie law whichfi is iii force, anmd the provisions of which aire macre amiil)le iii what refers to the free~don) ot ministerial powers iii matters of lpromnotiomi s aml(1.appointments tliam the criterion of' the pr-esenit (Goveninue-lit would periiit, but whichi wouild effect a, real p~rogress Lunder the sole coliditionl of their 1)eimig actually carried into effect. To this end, the provisiomns of' tlhe additi~onal(, law relating lo entrance "anil promotion bei rg inl the essencle respecte(1, the unidersi gn ed secretary havingr believed that his right to cliaiige lby a, decree the Series of sueccession established ini fiavor of ce,,rtaiun (lasses is at least (loubtiul, the teniporary provisions,7 the raison d'~tre of which htas disappeared, shall] be without force; a minimum1111 imtit of two years is fixed asa prerequmiisite to proo~tjion froin onte categrory to an otiir; flhe 0overui me it, renounces the freedomi given to it by the law to select for p~ronmotionL officers, of thie imiiedliate list, nio matter what positionl sa(i(l officers meay occupary; a-mid the observanlce, of the series of succession. is regulated by means of registry books accessible to those intterestedl, open to the public (whuich is the highest guaranty of inoderni organizations), whenever suich publicity is adlvisalble, for the d Qfenise of a righit or the deniounicemecmt of anl abitse or niegligenice; all. guarantied by retal. corlpetitions -for fillhing thme positionis of a, social inportanice niot lower thanl that of professors or registers of property, -land with adli-niistrative an(d litigati~ve ap~peals which (lemalld from persons who ra,_shly lpersist in all error,7 or in tte, violation of a right wvliiclt should be resl)ected, a moderate, -liability, whichb for that very reason i~s appar-ently itrue.auid eflicacionls. Much1 will be left for further work, eveui after securimig by these, means the strict fulfillmnemt of the law iii force. )Itt it hias alreadly been saidl by one of oar statesmen of' the seveiiteeiith cenittry "Ithat there is no high aim without winch. labor," and lite uunlersigmied se(iretary inust bear this sayinig in amind liii order miot to fiall finto, the error of attractive bmt, ephieieral hiiplrovisatiolis; arind wheni the enitranice and piromnotimns shaCll have beeni regulated iii law and. iii lpractice, and~ whent the, con sequemices of' past inodifi cation s sI i all have vanishned, greater anid bolder steps meay safely be undertaken lin the great work of mnakhig the juidici-al organism as vigorious,, as is (lemnanled by the institutions of (a country Ii aIvi ii g parl iamnen taiy rule. At the royal feet of' Your' Majesty. FRAN(CLSCO( SILVELA. MADIZID, Ap4jril, i(S81. ROYAL D)ECREE. Iii conformity with the,suggestiomi of the secretary of grace and justice, with the approval of the (coumucil of secretaries, (ldecree the following: Amp. 1. The application of all the temporary provisions of the,,additiommal law to the organic law Oil juldicial power of October 14, 18821 117 is hereby declared at anl end, and theref!oe the other precepts of the said law remain in force aInd lMust be rigorously observe(d. ART. 2. A promotion can not be granted to any officer in the jiudicial service who has lnot filled for at least two years la office of the class next lower in the respective list. In default of an officer fillinpg ftir two years the office il tle next lower class in the list, the officer occpying the first 1place onl tle grladed list shall be )promoted. Aln'. 3. It tile four series of suiccessioni fixed in Arts. 41, 42, 4:, 44, ald 45 of the said.addltional law, the power which is granted( the (Goverllllent to app,oinlt officers of tle class next lower, whatever may be tiheir number on the gradled scale, slall be reduced to those wlo are included in the lirst two-thirds of their respective grade. ART. 4. To procure due I guarallty and regularity for tile series of succession established bly tle additional law, there shall be ikept in tlhe bureau of personnel of auldiencias Mand iiferior courts of this departmeitt the following l(,,oks correslpondling to the order of promotion established in the said law: 1. For the vacantL ces of inferior courts of tile entra:nce category. 2. For the vacancies of infer ior courts of the promotiolt category atnd of the pub)licc l)rosecutors (abogacias iscalcs) of crimiinal audielcias. 3. For the vacancies of the inferior courts of thle finial category, of the public p)rosecutors (a bogarias.fiscalcs) of territorial audienciass, atu of thle tenienttcs fiscales of criminal audiencias. 4. For the vacancies of the associate justices of criminal a udiencias, tenJientes /iscales of territorial audiencias, Mal1d abolados fiscales of the audiettcia of Miadrid. 5. For the vacatncies of the presiding judges and(.iscalcs of crimlinal audiencias anl( of associate justices of territorial audiencias, and of the judges of Madrid. (;. For the vacancies of presiding judges of chambers of territorial audiei(lcias, fiscales, associate justices of the territorial audiencia of Madrid, tenientcs liscalcs of thle same, or (abofados.iscaces of thle supremle court. 7. For tlhe vacancies occurring it tlhe office of associate justictes of tlhe sup)reme court. AnT. 5. Ini these books, which shall be kelpt and rubricated by the (lcieft of persountlel td(ler thle imnltediate (lirection of tlie assistant secretary of this dlel)artmlent. tlhere shall be recorded tlie appointments imiade in each group of those established by tlhe law, with tlte observanlce of tlIe series of succession in the order fixed by the;additional law, which shlall be counted for vacatlcies occurritg' oriom tlIe date of the publication of this decree in thle Gaceta dc Jladrid. These l)ooks shall b)e open to tlte active andl suspended oflicers of tIe judicial service wlho:may request to see tlhem at tle assistant secretary's office of thme depiartnient, ad11( said1 officers shlall be giveit, upon11 request, certified extracts f'roIm these books, at their expense. ART. (;. The officers who believe themselves to have beett prejudiced by a.l)appointllent made with an} imn)roper lmlodification) of tlie series of stMccessiotn, may appeal to the secretatry through admitnistrative chaniels. In s anucl a, apl)eal a hearing gust be given} to tlIe sectioll of grace and justice of thle council of state, and legal steps of a litigative chlracter may be broulght agtainlst tlhe decision of1 the secretary. If tle litigation sliall have demotinstrated an ill}proper modification of tle series of successioi and( tihe illegality of thle appl)ointment, tlie costs of the litigation shall be charged personally to the secretary who may 118 have disregarded the administrative comilplaint, if tie dec(ision of the council of state was not observed. AlT. 7. All the vacancies of the judicial service shall be alnnouncled for the purpose of tilling theml in the Gaceta de M1adrid as so)o as they are officially commlunicated to tile delartment, and those desiring to be a)l)pointed to lill said vacancies slhall send within the period of twenty ldays, counting from the date of tihe publication of the announcemlent, their written petitions, accopnl nllieed by dlocumlents provi!ng their legal eligibility. The bureau of tlhe (lepartment sllall cl:ssify thei andl sliall imtake a list, 1makilg a succ(inct statement of tlhe proceedings, slhowillg the names of tile apIplicants aInd their merits, whlichl slall be publislied witlh the apllpointment. ART. 8. If in any of tle series of succession no officers re(quest tile prIolotion ldue them, that series of succession sliall 1)e passed ovelr, a memorandum to tliat effect being entered in tle p)roper book, alid the vacancy being filled from the series of succession next in order. ART. 9. Tlie duties to be discllarged il vacantlttoffices wliile tlie steps for filling said offices are ill p1logress may be (iscllarged throughl a c(ommission for service, whichl may be intrustedl to officers of the same or tlhe next lower category if tlhe circumstances sllould make it advisable that they should be l)erlformllel y tlhe p)ersonl \wo ordinarily siould do so temporarily. (Civen at thle Palace on April:;, 1<884. ALFONSO(. FIANCISCO SILVELA, Secretary o!f racc and:11tstice. (Ga ceta oft April 4.) Royall order o!/' alaet, hI, l, 1,S, soir takinq possession o offic.es, (dration (tand )(Jpost)ontent lthlcreo/f and tr(antsle/rs f/' judicial officers. The attention of thllis deiartmenelt hlas been called to the repeated petitions of officers in tle.judicial ald )public prosecution service wlho liave taken part in coll)etitions, asking for prolongation of the period fixed by law for talking possession for tlhe pul1pose of performing tlheir duties anId relqlesting at tlie same time transfers to positions other than those whiclh must be filled and to vwhicl said officers lave solicited:app)oinltmenlt; as well tas to tlle faict tl:hat similar requests of!ostlpoulemenlt of takinig possession lare lmade, by manuy officers wlho in colmpliance with tleir wishes ]havew been transferred without sufficient groullds in either case, excel)t ill cases of' duly provell sickness tlat cali not be foreseen by said officers before taking l)art in tlhe comp)etition for appointmenet or befoie alsking foir a translser. The granting of suhll postlponeme nts, besides necessitating a long templorary filling of vacacl(ies, on ac(counit of whiicll tlle offices remanll va('anlt during tle time of competitive examinaltion, a.s well as (dulriig tlhe time of tr:ansfer t o take lossession of tile office, causes serions delay in the transaction of Itbsiness andl disturbs tile good administlration of justice, because tile reg (lar incu:nbents are nlot lperformiig tleir duties. 'llie above alppl)lies especially to courts of first instance tand examinaition, because freqluently the munlicil)al judge who should replace tile regular officer iii tlie exercise of lis jurisdiction is not:, l awyer-a c(irIcumstance wlvicli agllail proves to be tile cause of a- fuirthl(e delay all inpl)edimnent to teil trausaction of lbusilless. W\ithl tile object of reme(lyimng these evils, 119 removing the inconveniences p~rodluced thereby in the ordlmary and normal routine of courts, liis Majesty the King (whom God preserve) bas decreed1 the following: 1. Officers who in virtue of a competition have been promnote(1 to the vacancies which they desired to fill must take possession of their offices within the period fixed for the purpose fin the provisional Law onijudicital power, which can not be extendedi, except in clase of sickness duily proven. -If said perio(1 has elapsed, alInd the officers in question have, niot taklen possession of their offices, it shiall. be presumed that sai(L ofthcers, reno'unce the promotion, and another officer shiall. be selected -fromt amtiong those who have apjpliedl to fill time same vacancies and have taklen part in the samue comLpetitive examinations while the former sh~all remain in the offices they previously held, if their filling has miot, alreaidy beeii anmiounced inl which latter case they shall be given -another ofhice of time same class and category. 2. A promoted officer can not re(Iuest a transfer unitil at least one year has elaIpsedl fromt the (late of his promotion, except in cases of iticoinp)atilbility, whene a change of place with another officer should be solicited by means of -a lpetition, or in cases when the officer in question is 1)revellte(1 by serious causes from remaining in the place in which hie performs his duties. 3. Ani extension of the, period for taking possession of offices shall not be granted to thme officeris who have been tramisferred at their owim request, except in cases of sickiness duily lproven, a statement concermiing which maust appear inl thme petition. Saidl petition shall be directed through the proper channels,, and therein the petitioner shall comply with the other requirements which for petitions,-, for leaves and their extensions are fixed by the royal ordler of July 24, 1878, issued by the treasury depatmnent for carrying into effect the provisions of article 43 of the budget law of sai(1 year. 4. Every request for transfer shall be masde in the form. of a p~etition directed through the respective p)residling Jli(lges of' territorial auldiencias, in which there shiall be started the reasons for fthe, request, for whiich purpose there shall he kept in this (leJartmenet a registry ini which a memorandum of said 1)etitiolls shall be made. I communicate this to you for your information and thtat; of the ofhicers of that judicial. territory, aind for other lplrposes lin connection -therewith. May God preserve you meany years. S IL VELA. MADRID, Mkarch -14, 1885. To the Presiding Judge and the Fis~cal of' the A udlien cia, qj (Gaeeta of March 1-8.) Law of August 19, 1885, on, the unification q/' the judicial and the jnublic prosecution services of. the Pentinsula and the colonices. Don Alfomiso X1I, by the gracI(,e of God, constitutional King of Spain. To all who shall hear or see these p)resenlts: Be it known. that the Cortes have (decrceed amnd we have stanctiomned the following: ART. 1. The judicial and public prosecution s-ervices of the Pleninsuila and the colommies are hereby uinited, andl e(lual rights are granted to the officers of the same within their respective (categories, sub ject, to the laws in force in so far as they are, not mnoulifed by the Lpresemlt one. 120 ART. 2. For the ful-fillmtenit of the provisions of the p)recedliiig article the following grades are established in the judicial. service: I. The presiding j udge of the supreme court. 2. The presiding judges of the ch~anbers of the same. 3. The associate justices of s~amle court. 4. The presiding judge and the presidinig Judges of chambers of the audieiici~as of Madrid and liabanla. ~)*rj1~asscitejustices of the audienceias of Madrid anml Ilabanai a~ild the pr~esi(Iinig judge and the })resilinio' judges of chambers of terri torial au ldciei as. 6. The associate justices of territorial audiencias, presidlingjudges of criminal audiemiias, an(d the jiudges of first instance of Madrid and Habana. 7. Te asocatejustices of criminial adetis 8. The judges of first inistance or the, final category. 9. The judges of the ipromiotimii category. 10. The Judges of the eiitramice category. ArT. 3. The htierarchical order of the (leIarhimeit of public prosecut~ion shall be as follows: 1. Tie fiscal of the supreme court. 2. The tenicute ~fiscal of thle same al, tI e fiscalic8 of the aiulienicias of Madrid and 1-abana. 3. The (ahoqa-dos fiscaics of time supreime coumrt, the tClienttes fiscaics of the audiencias of Madrid anid Ilabana, aidl time fiscaics of te~rritorial audienchias. 4. The fiscales of crimimial atudiellcias. 51. Thle tcnientcs fiscaics~ of territorial. audienici~as antid the aboqatdos *fisc((lcs of the audiencfias of Ma(Inid and] llabana. 6. The abogados fiscaics of' terr-itorital auidiencias, the tenieutes fiscales ot' criminal audienchias, and the 1promlotorcs fiscaics of the audienciat of HI abana. 7i. Thme (tboladlos fiscaics of criminal taudielcitas aknd the promotores of lie, finial. category serving iin time colonies. S. The promotorcs of the lprolmotioii category serving ini time, colonies. 9.. Thme pr-onotores of thle entrance category serving iii the c-olonies. ART. 4. The first grade in the lpublic prosecution service is equivalentf to the secomid grade ini thle judicial service; the second of time former to the fourthi of thme latter; t le thtir(1 of the lor'mmer to thle fifth of the latter; time fourth of thle former to the sixth of the, latter, anid to thlat of the secretary of time supreme court; the fiftli of thle 1public prosecation to the sevenith (if the judicial; the sixthi to the eighth, and to that of the secretaries of chamber and of adlmimiistratiou of time andiemicias of Madrid and llabtana; the seventh of thle lormner to the niinth of the latter and to that of secretaries of- chmamiber anml of a-dminiistiratioii of the territorial audienicia; the eighitl to the temiti of' the judicial service anid to that of' the secretaries of territoriail auidienicias, and the nitith to hrat of vice-secretaries. ART. 5. Thie (delartmneiit, of grace.aiid justice shiall. arrange thle genlelai graded list wvithimi time period of three umoinths, counting front the (late of the p)roimulg,-ttioii of this law, inwii xvhic there slhall be included ai'l the, officers of' the jdcal service and~ of' the (lepartumenit of' public pr1osecutionL of' time whole kingdom, iii comiformnity with the provisions of thme royal decree, of Septemiber 27, 1878. Thme department of the colonies shall forward to the departmient of grace and Justice, thme necessary (lata iii order that there meay be inclu(led in the graded list the officers of the saidl services who fill. offices or are oil time list of' suislemihedl othierts, of' Ainemica, aiid Asia. It shiall. 121 likewise forward also withini the first fifteen (lays of each year a statemenit of the chianges occurring,, in thle lpartial gradled list which said dlepartment must mnake int its turn in order to imake the prop~er correctimnis in the general one. ART. 6. Entrance into the judicial service iii the Peninsula shall take plaoe amsjudge of the enttrance category by mieaiis of a ('011l~)etitive exaunna"tionl ini conformity with time provisions of -article 35 ot time additional law to the provisiontal law or organmizationi of the judlicial power, anld without prejiudice to the powvem granted to the Governmenit to iiaane a fourth series of succession for those I)ossessing thle qunalificlations re(Vllred by article, 40) of' the law above mdntinIe(1. Untiil the lpreseilt organization in time colonies is modified entrance inito time service shall take pl~ace as prom otor o)f the emitrancee category, thle apl)ohitee being reqjuired to psesthe qlualificationis prescrilbed in article 19 of the royal decree of Septemaber 20, 18745, except~inig time power which in the provision iii qunestioli and in thel additiommal law is reserved to the (ioverimnent. To the clolonies, there shall be extemided the articles of t',he above-imenitioned law that establish the series of sueclession for failling vacancies, inmclluling therein p)romotores antid other.judicial officers in their prop~er p)laces accordling to the classificatiomin of article 4 of this law. ART. 7. The secretaries of grace anid justice and~ the coloniial secret~ary, in conformity with the saiol series of suiccession and taking'. into account the organization of the superior conrts of their respective dlepartments, sihnall till the vtacanciees that occuir with oil icers; delpeudlenmt on saiol departmenets, aiid l may appoimint iii time third and!fourth series the officers, who request transfer or lpromnotioin from onle to time other. In order to aspire to the former the officers of' the colommial (lepatmtlnet must have servedl fimr years inl the colmones, or ini time (lirection of grace andl justice of the, colonial department, anid two years inl thle clategory. This last condition is reqiiiredl also o)f those serving, in thle Peiniinsula wino reqnest a tvanist~r to the said p~roviinces. For a promotion thle officers ot either (lelartlment must possess thme qumalificlations required lby the law cited. Should duly (lialaified(l caindidlates, be wanlting, or shonld they not possess5 tile qu1alificationis requlii-ed by law, appointmniits shall be iiade frot,ammong the oflicems, seiectedl from saidl series. Ampr. S. The places referred to in article 46 of'time saiidlaadditional law and included in the resp~ectiv~e graders of articles 2 aind:..; of time present law shall be filled in the manmnier presc_,ribet lby time, former, ()ne of elach three vaclancies occurring ini the Peniiinsnia or ini time co)loniesbleiimg given to officers of time coloinies or of the lpenliismila belongimig to thme classes specified in said -articles, whio imist have served for two years inl their category land must re(hluest time appoimtmmeimt. Awr. 9. The secretaries referredl to above shall tlake into consideration, inl filling, the position referredl to in articles 46, 47, aend 48 of thle said additional lawv, the seniority granted in the genieral gr'aded list to the officers eligible for- the positionts ini qpe~stion, aiid time merits that commend themn for the vacancies occurring inl their re'spective dlepartments. AiRT. 10. For the purposes of 'article 50 o)f the-additional1 law time associ ate justice of time greatest seimiority of' time andieimcia of I1labamna is hereby granted the s-ame, pri1vileges, as are giveim by said article to the associate Justice o)f time greatest seimioritv of' time and~iemmcia of Madlridl. AR.11. lin filling offices of' secretartiies of chamber anid -adlnfimistratiomi of' time, final (category o)f time teri'itoiial audiencias of time hKinmgdomn, ml(mm thme offices of' tme, secretairy amied time vice secmreta-ry of' time sul)Iemlne, court, articles 54 an~d 55 of' time said -adlditiommai law shall b)0 observed. 122 AT. 12. For tle transfer or lpronotion of tile officers referred to in this law fromi tile Peninsula to the colonies, or rice eCrsa, a request must be lma(le by the officers themselves. Thlose of the colonies must also have to their credit four yeatrs of residence in said colonies and two years of service in tlie category, unless tlhe appllointmenlt conforms with tlie successioln by seniority. Tlhe petitions slall be a((lressed to the secretary makiing tleo a)l)oilltient, throlugh tle departmnelt in wliichl the lpetitioler serves, wlio il ipassing 1upon tile petition slhall a(l(d a report of tile career an1d mlelior.llnda concelrning the officer in question aiid his record of service. Tlie latter shall be published ill the (ceta (de Madrid, together with tlse:,pp)oiltmnllt, witll a citatiO of the article of tlie law on which it is based. ART. 13. Tlhe categories alnd privileges aciquired ill conformity with tle l)rovisioIls ald la\ws ill fi)r'e grantedl to tlhose Ilolding tlie same sliall 1), res)pected. 'rllC otfi(ers wh1o (etered tlhe service ill the colonies without a comnpetitive examlillatio(i, sublse(quelitly to tie (late of tlie plronlmulgatiolt ot tlhe orgallic law oil jiidicial lower, sliall be required to serve the time of service equivalent to that whlichl thle additiolal law on law I)ractice fixes lir lawyers for elitering tile respective category, belore they (ca;i be tranlsferred to the Peniisula, am(l two years more before they can be l)romoted. ART. 14. r'hie officers whlo are lawyers of tlhe department of grace and justice, and tlhose of the direction of grace and justice of thie colonial departmeiit, slihall preserve tile category and position in tIle graded list that mlay have I)een granted thleni, when they hlave completed tIle length of service required to this effect of the officers of the stame rank in the judicial and tile public prosecutiol services. Tliose whlo hereafter enter either service ('can not aspire to tle categories, and consequently (,can lot be included(l in tie graded list if they (do not belong to the same, ill which case tlieir categories slhall oiot be accepted as superior to that which they hiad a(id with which they entered the departmenlt. Tlhose wlo shall liereafter elter the service in tlle directioll of grace ailnd justice il thle salle imanner as tlhe officers of tlhat departmenit can not be 1)romoted without lhaving com)lete(l the necessary time of service requiredl for promotion in tlleir respective category. ART. -15. T'ie plrovisions o0l ilicomlpatibility prescribed for judicial officers l)y:article 111 ot tlle orga ic law on judicial power shall 1)e rigorously eliforced in tile colonies. From tllis provision silall be excelted, as long as tIle preseiot orgaiizatioi, iin the PhIilippines is preserved, tlie judges of tlie Plhilippines wlio by virtue of tlieir dluties (liscllarge )ther functions besides those of tile judicial office, ill colformity with thle laws ill ti)lce ill said provinlces. I'he secretary of grace anl justice and thle secretary of tIle colonies *sliall see to thle fulfilltlent of this law. rTlerefore: We coinmaid all superior courts, judges, chliefs, governors, aild ill other authorities, civil as well as military an ll1 ecclesiastical, oft whlAatso ever class aild railk, to ol)serve:al( cause to 1)e o)served(1, fl'fill and execiute tlie 1)resent law in all its l)arts. (livel at San lldefoinso 011 August 19), 18S5. I,I TH IE14 K INNG. ANTONIO (CAANOVAS DEL CASTILLO), 'resident of the Coitncil o/ Secretaries. (Gaceta, August 22.) 12 Royal d(lecrec olf Septembclr 9,1885, issucdftor the complianrce of the law of A?gu.st 1.9 ( ' th(1 O same year, lnifying the jtdiici(al anld the p Nl(lic l,1osec(tion sert' ices oj tlh lCninsCulflU, and of the colonies. For tile (due ffillllment of tlhe provisions of the l:aw oil uniification of the!j(ldic(iail,andl tile pliblic' pl)rosecuitioll servi(es ot' tile colon ies anld of tle I' llinsllall, (lated Auglstf 1! of t le cllurelnt yeai', in mllalttles r'ef'errigllo to tthel (ldepiltilleilt of thl e colonties, oln tlheo recolmmlel tionll of tolhe secretlary of(t tllis 1ra'('lh of' servi(e, ad(l in accordl wiit;l tell se'retary (o grac(e:1d(l justic'e, I lecree the following: ARTI(CLEI 1. The series of Llappoinitiieits concerningl inferior courts of the )piriotioii category anl othler higher categories, whichl were established by my, roy:al (lecree, of the 29thl of last Mlay, shall be consideredl ais substituted ly tlhose est;ablished by the law of October 14, 1882, additional to tile organic law oii judicial }power, accordlilg t tthe provisiois of article 6 of said law olt unification, 81(1d by tile l)povisions of the latter iclllled ill articles 7 and S. nt all other matters whlichlt 1 not oppose said law thle said royal (le(ree, ienltioned abIove slhall remtain in force. ART. 2. The colonial tlepartmenlt shlial torward to tile (lepartmllent o' grace and justice tlhe graded list of ttle personlel of its dep:lartmlll t, witll the necessary nlotes, remarks, and fictts which selrve as proof, which slhould be necessary within tle period of tlirty days counted from the (late of thle pro)inllgation of tle lawmv on unification above nlentiole(l, iin order to comply withl tlie provisions oft' article 5 of tlhe same, and said deplartment slhall likewise forward in tle motll otf Jannary of each year:a statement of the changes wlhichl took p)lace ill tle previous year. In either case tlhe officers of tle (lirectionl oft grace and justice of thle colonial (lepartment, who are lawyers, referred to il article 14 of the said law, shall be inc{luded in the category gran(ted to tlhteil, with tle proler notices concerning thle length of service withl which tlhe officers referred to and tlhe officers of thle secretary's office of tlhe deplartment of grace andl justice have to reach the seniority re(luiretd for said categories. ART. 3. Inl the single graded list and in its annumtal renewals a statemelmt shall be made that said g'raded list lhas been (draft(ed with tlie al)l)roval of thle colonial secretary. AiT. 4. Claims matde by officers of tile colonial lbracli against tlie classific(ation of' their rigl ts or category whlicl appears il thle graded list, slhall be decided uponl) by the secretaries of' grace and justice a1d of thle colonies (conjointly. Shoul(l thlere le a, isagreelment between tlhe depl)artments the decision shlall be sulbmitted to tlhe (ouncil of secretaries. ART. 5. The provisions of tile present decree elferring to tle a,pp)oinitment of officers shall be int force tromi thle (late of thle publicat iol of tile general graded list of tlhe unified services ill tlhe (eaeta (de Madrid. Il tlhe meanwhile the royal dec'ree of April 12, 1875, anid of May 29 of the current year shall be strictly observe(d iii reference to tilliing offices. AwrT. 6. Officers of thle colonies and of tlhe Peninsula, both active alid ssl)lsp leld, and otlher l)ersoLs who are eligible to tile vacancies that O(c(11'r, m llust r'eliuest their app)ointment to said vacancies of(icially, accordilg to tle plrovisions of tlhe last of the above-mnentioned (lecrees. ('iven at tlhe P'alace onl Septelmber 9, 18)5. M ANUIEIL ACrITrIRRE )E TE E.TJA)A, Secreta'ry o f the Colonies. ((aceta, September 11.) 124 Royal decree of April 8, 1S86, on the manner of filling racancics in the judicial (ndl the public prosccaution services. In conformity with thle recommllnllatiol of the secret'ary of grace llnd justice, witl tle appl)roval of tlhe co(uncil of secretaries, I decree the fillowing: A lT. 1. Article 7 of the royal decree of April 3,, 1884, is hereby repl)ealed. V;canlcies ill thie (lical 1and plul)lic prosectlionl services sliall be filled by tlle (overnment witilout, previols announclelment ill tle (c(C( tia, in accordtalce witll thle )provisions of tlhe additional law to thle laiw (n judicial power of October 14, 1882, 1d1(1 othler prescriptions of tile royal dec(ree tabove refeirred to. ART. 2. In every alppointleit i ade iin conformity with tle provision of tihe lprece(lilg ar:tticle there silall be stated tles series of su(ccessioll to w\llich tle tilling of said vacaecy corresponds, ati(1 the number occ(u)ied by the promoted officer in tlie graded list. Said Laploilltmellt slhall 1e llublishedl ill the (Gacctft witlh tlhe record of merits and services of tlhe:appoi)itee. A1RT. 3. All other lprovisions of the royal lecree of April 3:, 1SS1, shlall remain in force. (iven at the Palace o( April S, 1886. MAnifA CRISTINA. MANUEL ALF( NS() MARITIINEZ, Secrctary oJ Grace (and Justice. (Gaceta, April 10.) RIoya;l decree o' D)ec(emlber '2, 18, issued i n compliance withi article 5i of the law of August 19. 1885. In view of the reaosonls givein by tlle president of the council of seerlt;ariecs, witlh thle allrval of tle said council an(l of tile section of state ali grIac aInd justice of thle coulncil of state, I decree tlie follovwilg: Awri. 1. Thie ofliceis of the a(liniiistratioiI of justice in tl(i colonial plossessions shall alppealr in the genieral grlladed list lproviled fr in article 5 of the law on unification of t1e judicial a1,d(1 thle public pro)-secu tion services, withl tlie seniority resulting fromi tlie d(ate o(1 wh\ichl t1hey took po) ssession of their offices. Aitr 2. 2. cI o formity with:article 50 of thie additional lawr to thle organiic law on juliicial power, tlie rigllt of tlle associate( j1ustice of tile grea:test seniority of the audiencia of Madrid for proimttion to the s1i)lreme co(ut belongs solely to tle (,olicer wiho Ihas actually served( in said laudieincia for the greatest lnlumber of yelars. A T. 3. TI1e officers assimillated to tliejudlicial and the public I)rosecutioI services can not be included in the graded list until they possess the conditions required to obtain tihe correspoll(ling category. ART. 4. As; consequence of tile provisions of tle l)reced(ing article assimilated officers (all not assume greater sleiority thalI thalt resulting fromi tlie date on wlich said officers comlly with the conditions required for tlie office that lias beeii assimilated. ArT. 5. Tlec officers iclude( i i articles 3:Lad 4 must prove to tlie (lelpartilleiit,o grace - a(d justice tlat they possess the qualificatitils required by the orders granting the assimilation) in order that, after tlhe 125 proper declaration, they may be illclude(l in tlie general gradled list, in accordance with thle l1rovisions of article 4. Given at the Palace on I)ece(ember 26, 188(;i. MARIA CRISTINA. 1'XRAJ{EDES MATEO SA-jASTr4A, Irecsident of thle (Council olf Secretaries. (Gaccta, I )ecemiler 28.) R71oyal declccc of Fe)ribruary;i,, ', ISS, rcco)gnizin ( the codificat(tion coi7mmis)siot, o(1 f lt colonial jwrovincc s. In view of tle irealsolls g iven to m11e ly Ithe secret;ary of the c(loni)ies, I decree the followilg: ART'. I. Tlhe c()(lificatio() (com:.nissi()o ()f the (colomies is hereby reIrrganlized (as follo\ws: r'I'Tl Illiber of IIImebevls shall 1}e 14, the directorgeneral of grace aInd jlustice of tHie c(olonial del)partlment being one of them. ART. 2. Tl1e mnebers of tlie c(ommission must lbe lawyers residiig il MIadrid and of acknowledged completency il juilicial liatters,:a part of the mieiitmers sho0uld b)e selected from aIlonig peI'sons1 o recO gnized knowledge in thle different )raneIlles of colonial legisla tion. AIRT. 3. The secrietary of tlhe colonies Imay add temporarily to tlhe commnission a nllll)>ber of associate justices of the audlienicias of (Cuba, P'uerto lic(,, or tle I'lPilippines, accordling to tile (delanlds of work witlh whlich said c(mnlllission is occupied and su)ject to tlse iprovisilons of article 13 of tlie royal dercree of the 3d of last l)eceiber. AnIT. 4. Tl'e (overlnment shall appoint a president, a vice-president,.land a secretary of the commission fromn amlong its members. ART. 5. These oflices, as well as tlhat of tile otiler members of tile commrissio, slihall be honilorary arll1 witlhout pay. ART. 6. 1Tle codifica;tion colmmission sliall lhavetle oblifgation to study Itand draft the p1rojects of codes for observance in thle colonies, to report whenever ordered by tli e secretary onl tlie iinterl)retationl and( i(ncideits of thl apol)licahtion of said( codes, adi(1 to plropl)ose or illlica te nlly points of the c(ommon colonial legislation which, in their judgmelnt, it would be lproper to reforlm. ARIT. 7. For tranlsacting the business of the secretary's office and otlher work of the commission there sliall be four auxiliary (oticers, apil)ointed by tile secretary of the colmoies. Tlie first officer shall draw:a salary of 3,000 pleset:as; tile secoil( 2,500 pesetas; the thlird 2,000 lesetas, aind the fourth 1,500) pesetas. Tile first tlhre(e must be lawyers. ARiT. 8. The salaries of said officers slhall be chlirge(d to the )appropriation for the expenses of the co(lific'ation conmmiission of the colonies in the respective budgets of tlhe colonial provinces, the necessary:ammunt of the appropriation for material of tile commission beeing trallsferred to the sunm allowed for tile personnel of the same. ART. 9. The provisions that conflict with those of tile present decree are hereby repealed. (liven at the Palace on February 25, 1887. M ARlA CRISTINA. VICTOR B ALAGUER, Secretary of the Colonies. 1 26 1ioyal dlercre 0/' Anqust _12, 1887, extending to the 8Spanish colonial provi~necs (and p~osscss ions the prorinsonal la/c 0/.June 18, _1(70, cstablishinq ruls /4r the exercise of' pardon. STPATEMENT. MAAI)AM Thie exercise of' p~adoii, whiich in. all the times has beei (c1nsidlerel tas one of thie most betautiful p)rivileges of the Cr-own, is applied in our colonial provincees without being subject to fixed rules and with such obstacles and inconveniences in its exercise that mnany a tune coniplaints caon not reach the thronie from those who, r(ather more unifortunatte tihan guilty, have committed a crime, or wI 1, rep)enting their formier life, (lesire to retuirn to the society which has expelled them, anid to become its useful and beneficial members. lin oirder to -avoid. these evils, and beinig anxious to introduce, amiongr this, large part of' the Sptanisl iinationality tall laws tendinig to improve time adllninistration of the sam(Ue, thle Government of Your M.,jtesty desires to extendl to CubI~a, Puerto Rico, and the Philippinies, by meafns otf a Royal decree, the law of Juine -18, 1870, which regulates the granting of pai-d0115 in thie IPeuinsul~a, with such modifications which it hias deemned. a(Ivis~able to introduce in conformity with the, relport of the coumicil of state anid the codification comisnV,,sion, of the colonies;. The G overninent entertains the conviction that Youtr Majesty, who mwanifests such zeal aIffld piredilectioll iii the present Cand the fUture of those distant cooloies, will delign. to sign in the namne of Your Majesty's anigust son this legal, measure which introduces in the sainte and in their adminmistration of justice so important ane imiproveient. In view of these reasons the undersigned secrettary has the honorm to submit to the approval of Your Majesty the accomipanying project of at decr~ee. At the ]royal feet of Your M~ajesty, \I(ITOR IIALAGTUER. SANI ILI)EFON50 i.tnqast 12', P8(~~. 1ROYAL I)E(C'REIiE. In view of the re~asons given by the secretary of the! cohlonies and~ with) the approval of the council of sec~retaries, in tlh'I name of mey auigust son thme Kying, IDon Altfonso XIII1, anid as Queeu Regent of tile Realm, I decree the following: To the islands of Cuba, Punerto IRuico, the P~hilippines, and tlte other Spanish colonial possessions ther-e is hereby extended the l)rovisional law of June, 1.0, 1870, in force in the lPeninsufla for the exercise of pardoms, with the modifications of the -articles specified belowy, and xvhich have been introduced in conformity with the opinion of the council of state and of' the codification commission for the colonies. This law shall become operative as soon as its p~romulg~ationt is announced in the gacetas of the reslpectiVe islamuls. Givemn at San Il1def'onso on. August 1,18871. MXLRJA_ (AULSTmNA. YICT'OR RALAGTUER, Acecretatry ( -/ the Colonies. 127 P'rorisioIla1l lait of.J lf y 1IS, /,S'7, c(tubisi. s ii,rilfcs for /, rxcrcisc of pardon,, with 1he sluitab'l mtodiicartionlis for is application t o fthi co1toial prorilnces. CIHA IPTEA I. PEI'SONS WHO MAY BiE PARDI)O)NEI). ART.. 1. riminaills guilty of aly kin(d of crimes mnay be p)ardonled in colformity with the provisiolls of tllis law, iadl absolved from tile whole or )part of tile )punisilment incurred by said crimles. ART. 2. From the provisions of the precedlilg article are excepted1. l)efenldanlts in criminal trials lupon wliom:a. final seiitence lhas not yet been pronoiunced. 2. Those who have not been at tlhe disposal of the court pronoullcing the sentence for tile execution of the penalty imposed. 3. Second offenders in tile same or il a:uy other crime, for which tlley have been condemnled by a final senltetlce. Nevertlleless, an exception shall be!made in the cases ill whli(ll, in tle jludgnlent, of tlhe court pro-.nounicilg the sentence, or of tlie council of state, tlhere are sufficient reasons of justice, equity, or pullic convenience for granting tlle p)ardonl. ART. 3. Tle lprovisiolns of tile p)receding article shall not be applicable to crimninals condemnledl for tlie crimesi intcluded inl ChapIters 1 atd( 2, Title 2, Book 2, and Chapters 1, 2, al(d 3, of tlie same book of the Penal Code. (A11lAPTE II. TIIIHE KINI)S O(F PARDONI)S ANI) THEIR EFFEC'TS. ART.. 4. I'rdons may be either full or partial. A full plardon shall be an ablsolutionl from all'penialties to wilill tile criminlal mllly liave been senteicedl, a(lId wliich lie las Ilot yet executed. A partial pardon shall conlsist of Lan absolutioli froim oell or mlore of the penalties ilmposed, or froin a 1)part of all the p1)ealties illcurre(d which have nlot yet been exe(ted b)y tlhe criminal. A commutation of tle sentence or seilteinces imlposeid upI)O tlle criminal to milder senteunces shall also be consid(eredl as a partial pardon. ART. 5. A grant of pardon, in wllicll at least tlhe prillcipal penalty whichl is the object of the;parlon is liot specifically mllentioned, shall be considered null and of tno effect, ulor shall it be executed by the proper court. ART.. A pardon absolving from the principal p)elalty shall include also an absolution fiom tlhe accessory pelnalties imposed upon the (criminal witl tlie former, with the exception of the p)elalty of disqualificati(on for public offices, and for political privileges, aild, of subjection to the surveillance of authorities, which shall not be considered as included, unless a special mention to that effect is made in its grant. Civil indemnlifications shall likewvise never be included in pardons. ART. 7. A pardon nmay be granted for accessory penalties, with tIle exclusion of the 1)rillcipal ones, and rice versa, unlless they are indispensable by their nature and effects. ART. 8. A pardon absolving from a pecuniary fine sllall exempt the person pardoned fromn paying the sum not yet paid by hlim; but said pardon shall not include the refunding of thle lart already paid, unless a decision to this effect is expressly nad(e. ART. 9. A pardon cuan not be granted to exempt from the Ilaymnenlt of judicial costs adll expenses of the trial which are not due to the 128 State; but a pardon mary be granted for a subsidiary fine, which a n insolvent who has. beeni tlnedl wvotld fin this con-lnectionl have to suffe'r. ART. 10. If a person tilled has died at the time or -after the time when sufficient causes exist for granting, a l),ar(Iol1, the heirs of that person miay be free(I from the accessory linie of the pienalty, int conformity with the lprovisions of articles 8 and 91. ART. ii. A full pardlon shiall. be grante(L to the persons, faiied only in the case wlieni, ini the o)piniion of the court lproniolllcing the sentence an(I of the council of state, there exist ini his favor reasons of justice, equity, or public con veniei ce. lIt all other cases onfly -a p.aitial. lpardon shiall be grantedl, anid preferalbly a conimutation of the-sentence, im-l)os,.ed to lanother seiiteiice of less gravity within the samie graduated sctale. Notwithst-anding the l)rovisions of the, precedling 1paragraph, a senltence may also be committed to another imposing Ia I)elialty wvithinl another (differenit sclale whenever there are suffic'ienit grounds for stich actioni ini the ojpinioil of the couirt p~ronouneing the sentence, or of' the council of state, and moreoverwe the condemnned ageswith the commutatiowhn aree ART. 12. When the principa,,l sentence has been comnmuted the accessory sentences shall also be considlere(1 coinmuted to the other oiics which, according to the provisionis of the code, correspond to the senitenice which the p~erson pa,1rdonied should haive to suffer. Exceptions shall, however, be made in the chase in wh~iceh p~ardIons are grant~ed with anl express order to the contrary. AwT. 1:3. The comm.-utation of a sentence shiall. be void front the (lay on which the person p-ardoned fails,. to fulill, for any recason (lel)enditig onl his will, the penalty which hats been iinposedl oil hJim in the commiutation. ART. 14. The following) slhall be the itijnlhiedl cotlIditions of every pardon: 1. That no prej tdice be claused a, third pers5on nnel () damlage lbe (lone, to their rights. 2. That time clol(leumedl person, before olbtaln1-ing the, par(donl must be lpardonedl by the persoii offendled, if the (crime for which hie has becit sentenced clan be iprosecnttedl only at thme instanice of a 1)ar-Uty. ART. 15. lit granting lpar(1ols there may, moreover-, be intlosedl on the person l)ardollcel all the other condlitions snggestedl by consideratiomis, of jllstic'e, ejmnty, or' puiblic uitility. ART. T6. The court, proiwioIning the sentence eshall not fnilfill any par(lol the conditions of which have, no)t been jprevionisly comnplhied with by the person sentenced. excep)ting such as coilhl miot have beemi futfillied on acecount o)f their special niature. AinT. 17. The, grant of lpardlon is1)y its,, nature irrevocable, subject to the clamtses with wh~ich. it hias beeit concededl. OFOE~TE 1 RF(QJIEST1Nc, AN!) (RANTIN(G PNARDONS. AmT. IS. -Pardlons m~ay be solicited by the )per0ons sentenced, their relatives, or lany other person in their behalf without requiring a written power granting thlent right of' representation. Nevertheless, collective 1)eti tion s or I metition s containing a number of signatures asking pardon in the cause of another party shall not be admitted. 129 Those of official classes or corporations and of public officers are also prohibited, as provided for in the royal decree of July 1, 1867, extended to the colonies by the royal order of August 13 of the same year. ART. 19. A grant of pardon may be recommended also by the court pronouncing the sentence, by the supreme court, or by the fiscal of either of said courts, in conformity with the provisions of the second paralgraph, article 2, of the penal code, and also with the other provisions il the laws on procedure and criminal cassation. The recommendation shall be confidential until the secretary of the colonies, after examining it, shall order the institution of the proper proceedings. ART. 20. The Government may also institute the proper proceedings in conformity with the provisions of this law for granting pardons which have not been requested by individuals or recommnended by courts of justice. ART. 21. The petitions for pardons shall be directed to the colonial department through the audiencias and the governors- general. In case the person sentenced serves the sentence in the penitentiaries of the peninsula or in those of our penal colonies in Africa, tie chief of the establishment shall transmit the petition to tie secretary of the colonies. ART. 22. Every petition for pardon shall be accompanied by a confidential report of the chief of the establishment in which the prisoner serves his term concerning the conduct of the condemned, or by a report from the governor of the province in which the person sentenced resides, if the penalty does not deprive the person in question of liberty of action. The governor of the province, or the chief of the penal establishment, or a diplomatic or consular agent, respectively, must furnish within the period of fifteen days the confidential report referred to in this article. to the person sentenced, who requests it for the purposes of the pardon, ART. 23. The petitions for pardons, including those presented directly to the colonial department, shall be forwarded to the court which pronounced the sentence, for report, unless such reports have already been added, and said court shall give a hearing to the fiscal, or to the party offended, if there be any. ART. 24. The court which has pronounced the sentence, after hearing the fiscal and the offended party, if there be any, shall make a report, stating therein, if possible, the age, status (whether married or single), and occupation of the person sentenced; his wealth, if known; his merits and antecedents; whether he has formerly been prosecuted and condemned for another crime, and whether he served the sentence or was pardoned; for what cause and in what form; the aggravating or extenuating circumstances involved in the perpetration of the crime; the time of preventive imprisonment which he underwent during the prosecution; the part of the sentence that he has served; his conduct after the final sentence, and especially the proofs or indications of repentance that have been observed; whether there are or not any parties offended, and whether the crime causes injury to a third party, and other information that may prove of value in the elucidation of the facts, concluding with the opinion of the court relative to the justice or advisability and form of the pardon to be granted. This report must be issued by the court which pronounced the sentence within a period not exceeding thirty days, counting from the date on which it received the order to prepare the same. 3007 —9 130 ART. 25. The court which plrollounced the sentence shall forward to the colonial department with its report the historical penal record and a certified copy of the final sentence of the condemned, with all the other documents that are deemed necessary for the proof of the facts. ART. 26. The supreme court and the court which pronounced the sentellce, in recommending officially to the Government the granting of pardons, shall at the same time forward with the recommendation the report and tlhe documents referred to in the foregoing articles. ART. 27. The secretary of tle colonies shall thereupon forward the proceedings to tlhe council of state, in order that the colonial section of the same should give in its turn its opinion relative to the justice, equity, or advisability of granting the pardon. ART. 28. Notwithstanding the lrovisions of the foregoing articles, a commutation of a death sentence and those imposed for the crimes included il Chapters I and II, Title 2, Book 2, and Chapters I, II, III, Title 3, Book 2 of the Penal Code, may be granted without previously hearing the court which has pronounced tlhe sentence nor the council of state. ART. 2!). A grant of pardon shtall be made by means of a decree containing a statement of reasons and approved by tile council of secretaries, which shall be published in the (Gaceta de Madrid and ill those of Habana, Puerto Rico, or Manila, as the case may be. The revocation of the clause of detention shall be granted by a royal order stating the reasons therefor, while the effects of this penalty are ill force in the colonial territories. ART. 30. The execution of a pardon shall be intrusted invalriably to the court which pronounced the sentence. As far as the provisions in force on cassation of criminal matters l)ermit, the governors-general shall preserve the powers granted theml ly the royal order of May 29, 1855, and those following, and the organic royal decree of June 9, 1878. ART. 31. A petition or a recommnendation for a pardon shall not suspelnd the execution of a final sentence, except in the case when death sentence has been imposed, which shall not be executed until tlme Government shall have acknowledged to the court which has pronounced the sentence the receipt of the petition or recommendation. Royal decree of October 26,.1888, establishinbg the statistical serrice of the administration o(f justice in ci;il and criminal matters Jor the, islands of (Cba, 'uerto Rico, and the l'hilippines. In conformity with the recommendation of the secretary of the colonies, with the approval of the council of secretaries; in the name of my august son, the King I)on Alfonso XIII, and as Queen Regent of the Realm, I decree the following: ART. 1. The statistical service of the administration of justice in civil and criminal matters is hereby established for the islands of Cuba, Puerto Rico, and tlhe Philippines, and for this purpose the corresponding bureau is created in the general direction of grace and justice of the colonial department. ART. 2. The statistics of the administration of justice in criminal matters slall include in separate sections the following groups: First. A classification of crimes and misdemeanors according to the order, denomination, and method of the penal code, stating the number 131 of crifmes, that of the criminals prosecuted, acquitted, or condemned as authors, accomplices, or concealers; punitive, correctional, or light penialties, rand cases of inll)osition of fines, bonds, degradation, civil interdiction, confiscation of the products and instruments of a crime, and costs. Second. Thle crimes and misdemeanors which have given rise to proceedings in the territory of each criminal audiencia. classified il the order, denomination, and merit of Titles 1 to 14 of Book 2, and from 1 to 4 of Book 3 of the Penal Code, with a specification of the number of crimes, of the persons tried criminally, acquitted, or conlemned to punitive, correctional, and liglit penalties. Third. The proceedings carried on in the territory of an audiencia: Oral trials, proceedings brought against senators and deputies, preliminary trials demanding liability, cases in flagrante delicto, proceedings for libel and slander against private persons; by printing, drawing, or any other mechanical means of publication, extraditions and proceedings against absent criminals; appeals in cassation for infraction of law or of form, with a specification of those prepared, and tllose entered, admitted, and refused; compnlaints to superior authorities for refusal to admit testimony in order to enter an apleal of cassation and appeals for revision; trials of misdemeanor in first and second instance. Fourtli. Classification of criminals according to sex, age, status (whether married or single), description, birthplace, education, profession, or occupation. Fifth. Classification of repeated offenses, witlh specification whether they have been repeated once or mnore, and a subdivision, according to sex, status (whether married or single), descriptiol, birthplace, education, and occupation of criminals. Sixthl. Relation between the crimes and individual conditions of criminals, with a specification in each class of crimes, in the order used in the code, of the number of criminals according to sex, age, status (whether married or single), description, birthplace, education, profession, or occupation, and the character of the prosecution. Seventh. ReIlation between the territory (f criminal audiencias and the individual conditions of crimninals according to sex, age, status (whether married or single), description and birtlhplace, education, profession, or occupation, and the clharacter of the prosecution. Eighth. Special statistics of oral trials, with the specification of the number of prosecutions, causes finally decided by said procedure, time consumed for their hearing by periods of three months, one year, and more than one year, consent of the criminal, suspension of proceedings, acquittals and condemnatory sentences, causes filed on account of refusal to attend, insane criminals wlho have become such after the perpetration of the crime, liberty under bail, and provisional imprisonment, with the specification of its duration by quarterly periods; witnesses examined, their number, amount of indemnifications, physicians and sipecialists taking part, and tlheir fees. Ninth. Suicides, their number and known or probable causes. Tenth. General and special pardons, conImmutations and reduction of penalties, with the specification of the class of crimes to which they refer; changes in the register of condemned persons. ART. 3. The statistics of the administration of justice in civil matters must include the following groups, elaborated in as many tables as are deemed indispemsable for their better understanding: First. Municipal courts: Instruments of conciliation, classification according to their object and decisions; oral trials classified according 132 to their object, duration, termination, and costs according to the schedule of fees; trials of ejectment, classified by their causes, duration, termination, and costs according to the schedules of fees. Second. Courts of first instance: Population, superficial area, and a general table of judicial business in civil and commercial matters of each of said courts during the year; appeals taken to courts of first instance from decisions pronounced by municipal courts, and classification of the same, a(ccorlding to whether these sentences have been confirmed or modified wholly or partially; classification by niatters of the civil substantive law of affairs decided by the courts of first instance; classification of said business by titles and chapters of the law on civil procedure, their (luration, and the amount of costs according to the schedule of fees; commercial matters resolved uplon by inferior courts and classified according to the commercial code. Third. Territorial audiencias: Population, superficial area, and organization of the personnel of each audiencia; a general table of the judicial work of each one of the latter in civil and commercial matters during the year; appeals classified according to the courts of first instance pronouncing the sentences appealed from, and classification of the same according to whether they have been confirmed or modified wholly or partially; classification by matters of the substantive civil law of the business decided upon by the audiencias; classification of the same by titles and chapters of the law on civil procedure, their duration, and costs according to the schedule of fees, commercial matters resolved upon by audiencias, and classified according to the commercial code. Fourth. The supreme court: Business coming fromn Cuba, Puerto Rico, and the Philippines; general statement of the civil and commercial matters in which it has ha(I cognizance during the year; appeals in cassation classified according to the matters of the substantive civil law, by titles and chapters of the law on civil proce(lure and of the conmercial code; classification of appeals acording to their termination, and the audiencias pronouncing the judgmentts that have been appealed from. Fifth. Voluntaryjurisdiction: I)ecisions oft this jurisdiction classified according to their object, their ternina tion, duration, and the amount of costs according to the schedule of fees. ART. 4. The secretary of the colonies shall circulate thle statistical papers, forms, and instructions in order to organize the transmission and the publication of the data. ART. 5. In order to facilitate the routine of the numerous details occasioned by the organization of this service, the chief of the bureau created with this object in the general direction of grace and justice of the colonial department shall correspond directly witlh the secretaries of audiencias and chambers, reporting on the matter to the director of this branch. ART. 6. In the first fifteen days of February of each year the bureau shall publish a statement of those audiencias or clhamnbers which have sent complete statistical data, and( suitable proceedings shall be instituted to adopt the proper decision with respect to those which have not forwarded the same. ART. 7. The secretary of the colonies may order visits of inspection, delegating for the purpose persons of recognized competence and capacity, in order to verify or complete the statistical data, wheinever lhe deems such action necessary. ART. S. The bureau of statistics shall be organized with the necessary personnel, the present personnel being utilized whenever possible 13~3 aind increasedI if it he, insiitficieut, for whiich purpose, the Government shall be granited sufficient, fnnds ini harmiony with the provisions of the budget laws in force. ("Xiveii at the Palace on Ocltober 26, 1888. NI CRA IsTPINA. TIUINITARLO RuTiz Y CAPPEPON Secretary L?' the Colonies. Royal order o/lhtarch 12,I 1889, on.1fting vaWdfaiteis of the fourth series of succesvio~n in the J adi'icu 1 ad public prosce atio a servrices. YouR EXCELLENCY: F~roim the tact that the legislationini force o)raiits to the Government of His Majesty the power to fill vacancies in the fourth series of succession of courts of first instance with lawyers possessing certaini q1ualifications proving, their ability and experience in court, there was recognized ant excellent principle, the combintation of which with scientific culture denmonstrated in pnblic, debates constitntes thle most )e~rfect method for entrance into the *jndicial service. It must be admitted that, although sai(1 principle in exceptional anid (listinguishe(1 cases has produced excellent results, it has served very often as a mere 1)retext for the basis of faivoritism. The Cortes of the Kingdom in its high wisdom is called npon to solve definitely the burning 1)roblein of recruiting officers fromt said personnel, taking init( consideration the lessons of experience, and~ above all thle necessity of })rovidingr a, p'roper rewar(1 for certaiu duties of substitutes, credlitably 1)erformned, buat while the P~arliamenet is making its decision, and esp~ecially while there are candidates,and officers who hiave proved their skill in the noble comnletition of' examlinations, the vacancies that occur should be awalrded them with no other exception or preference, than that determined by the strict orde,,r of their seniority. fit virtue of these considerations 11cr Mlajesty (whomn God p)reserve), the Queen iRegent of the ilealmn, in the nanie of her au gust son, Don Alfonso XIII, decrees the following,: 1. That, all vacancies in the courts of the eutrance category that shall hiereafter occur be filled, in the strict iiumerical order, with candlidates to the JudlicialI service according to the corresponding graded list, and when this list has been exhausted, ini the order of seniority with secretaries and vice-secretaries who request them. and who hold their offices ais regular iincnmnbents, pr1eference being given to those who entered the service through coinpetitive examination. 2. Vacancies in thle fonrth series of succession that mtay occur in the graded list of judges, of the lproluotiolL and final. categories shall be filled with secretaries who shall have enmteredl the service in a similar way,,and who, besides, p)ossess the qualifications required for lpromnotion by thle legislation in foice. ToN these rides, which 1 (communicate to your excellency by r-oyal order, your excellency will kindly conform in the recoinmnendlations for filling vacancies in the r'anks of judges of the entrance, lproIiotion, and flit al categories. May (God preserve Y our E'xcelicency man y years. MADRID, March 120, 1889. CANALEJAS Y~ MI~NDEZ. lo the A ssistai S Aecretary o/'th 'is IDepa /1t)tent. (Gaceta of March 13.) 134 1Roial order of MJlrcht 16i, 1889, on promotions in the third series of succession in the judicial and public prosecution services. YoUR EXCELLENCY: In establishing in the organic law on judicial power and in the additional law to the same a mixed system of promotions, permitting the reward of both the prolonged services and the extraordinary merits earned in tlhe judicial and the public prosecution services, the prerogative of seniority was granted to officers occupying the first llaces in the graded list of their category. This system of promotions necessitated a great conservatism in exercising the great powers granted the Government by the series of succession in promotions by merit; but it must be confessed tlat the promotions have not corresponded to the high motives inspiring the legislator, and have been limited simply to respecting the text of legal provisions. Cases arise, as frequent as painful, when through a series of postponements seldlom justifiable, very deserving and zealous officers, to whom fate ha1s been unfavorable, appear in low-grade offices of the graded list of a certain category, and when each promotion follows only after a long period of life spent in thle service, until the promotion can not be refused because of seniority. A bill reforming the organic law has been submitted to the Chambers, and the latter have been intrusted with the establishment of reasonable guaranties for tle proper exercise of the appointment power; but meanwhile this department may take notice of legitimate claims and utilize the third series of succession establisled by the laws in force, in order to compensate for the consequences of unjustifiable I)ostponements, preserving with tlhe second and the fourth a sphlere of action which is sufficient and perhaps excessive, giving rooml to the discretionary judgment of the secretaries. In virtue of these special considerations, 1ler Majesty (whom God preserve), the Queen Regent of the Realm, in the niame of her august so11, the King, l)on Alfonso XIIT, has decreed tlme following: 1. That in thle futureY'our Excellency will pl)ease recommend for filling vacancies correslpodilg to the third series of succession that may occur in the graded list of all the categories of the judicial and public prosecution services, except those of associate justices of the supreme court, with officers of the immediately inferior class who possess the qualifications required for promotion by the legislation in force and have to their credit the greatest number of years in tile service. 2. That for the fulfillment of this sovereign provision a special graded list be made and published, in which the officers of each category, without discrimination between the jludicial and public prosecution services, shall be arranged in strict order of seniority, computed for the actual time spent in the said service. 1 communicate the above by royal order to your excellency for your excellelcy's ilnformation and consequent effect. May God preserve Your Excellency many years. CANALE JAS Y M I5NDEZ. MADRID, March 16f, 18 s. ( Gaceta of March 17.) Royal order of March 19', 18&89, on the filling of vacancies of the judicial and the public prosecution services in the first series of succession. YouR EXCELLENCY: The first series, wllich for filling vacancies has been reserved by the additional law to the organic law on judicial 13.5 power for officers holling the first pla,ce in the graded lists, lias been granted, up to the present time, indiscriminately and without subjection to rules among those occupying this coveted place in the judicial or the public prosecution services, it having been frequently the case that by virtue of this privilege promotion has been. awarded to officers with a time of service shorter than that of other officers of the samle category and with the same number, although of a different graded list. In order to procure hereafter in these cases an interpretation of the law that would be more in conformity with the intention of the legislator, and to compensate for unjustifiable postpolenements in promotiolls, Her Majesty (whom God preserve) the Queen, Regent of tle Realll, in the namle of her august son, Don Alfonso XIII, has decreed the following: 1. That all the vacancies which hereafter correspoiid to the first series of succession referred to ill articles 42, 43, 44, and 45 of thle additional law to the organic law on judicial power, shall be filled witli officers of the category immediately inferior, who, not having previously renounced in writing their right to promotion, occupy the first place in the graded lists of the judicial or the public prosecution services, and lhave to their credit the greatest period of time passed in the category or in the service in question, when several officers are equal in all other respects. 2. From the preceding rule are excepted the vacancies which are filled by the Government in conformity with the power granted the same in the third paragraphs of the said articles 44 and 45. Your Excellency will please mlake your recommlelndations for the series of succession by seniority in conformity witl these provisions, wlich I communicate to your excellency by royal order. May God preserve Your Excellency many years. (C'NAL,;.IAS Y MEI:NDEZ. To the Assistant Secretary of' this lD)patrtment. MADRID, Mlarch 19, 1889. (Ga(eta of Marlch 20.) RIoya.l order (o 3lMarch 23, 188!), on promotions in the jutdicial a(nd the public prosecution serrices. YOUR EXCELLENCY: The most superficial examination of the graded lists shows how easily some officers succeed in reachilng the highest grades of promotions, and how, on the other hland, other judges and associate justices of irreproachable service are being retired while holding modest positions, without regard to lengthy services. The column of the graded list destined to show the seniority in the service presents differences of 15 and even 20 years of service between officers in the same category. Such facts tend to discourage the personnel, to dissuade brilliant youths from taking part in competitive examination for entrance in the service, and render favoritism more numerous than is desirable il seeking benefits and prerogatives that should be granted only for acknowledged and absolute merit. It is true that an inflexible standard of absolute seniority is impracticable in so numerous a personllel coming from such various sources. But if the latitude allowed by the organic law proves to be beneficial in admitting to the highest grades persons of a genuine alnd acknowledged juridical ability, it does not by any means authorize neglecting under the press of harmful political influences officers of older standing, whlo, judging from the tac(t tliat they are kept in the service, must 136 be considered worthy of their office, or else they should be discharged from the duties for which they are considered incapable. The royal decree of April 3, 1884, established wise limitations of the discretionary judgment of secretaries (arbitrio mininstcrial), whose maximum limits have been fixed by the organic law and by the additional law, in order that alppoiintments should be exercised within said limits according to the criterion with which the circumstances or personal convictions influence the secretaries in promotions authorized by their signatures. Granting fuill appreciatioll and respect to the high motives which guided the illustrious secretaries to whom the introduction of extensive reforms suggested and on whom perhaps it iml)osed a ample exercise of the power of appointment, it is high time, until the Cortes of the Kingdom in their high wisdom establish a system of promotions absolutely exempt from favoritism, to restrict recolmmendations for promotions to narrower limits, even if these empirical changes, though inspired by proper motives, are not ideal and can not be considered a model of' perfection. In making use for filling vacancies in the fourth series of succession of the provisions of the organic law and the additional law to the same, with the wise limitations established by the royal decree of April:3, 1884, there remains sufficient room for the discretionary judgment of the secretaries in order to recognize and recompense exceptional merits with such an excessive advancement that in some graded list preference is apparently given over 100, 180, and even over 224 officers of greater seniority. In what refers to the second series of vacancies it is beyond doubt that by limiting the recommendations for promotion to the first third of the graded list an adequate opportunity will be left to reward genuine merit, and by combining this privilege of seniority in the category with the privilege inferred from the inscription in tlhe first half of the graded list of absolute seniority in thle service the desire to recompense a special merit may be made to harmonize with the rule that by paying a legitimate attention to officers eniteri1g' modest categories those should not be systematically overlooked who, in conformity with the legal l)rovisions, entered the service through higher categories. The rules contained in the royal orders of the 12th, 16th, and 19th of March of this year, and in the present royal order, fix the maximum limits to which the secretary authorizing them shall restrict appointmnents and promotions which lie submits to His Majesty in virtue of the recommendations submitted b)y your excellency, )payinig more attention to the personal records than to constant recommendations, born of the harmful prevalence of the dlesire to give favorable statements, eveni if they are not justified by facts. The first series of vacancies shall be, as the law commands, reserved strictly to the officers occupying the first places in thle graded lists of their categories; the third series of vacancies shall be awarded for seniority in the service, thus compensating for long delays of promotion, and thle second series of vacancies shall be filled with officers occupying the first third of thle graded list of their category and the first half of their order of succession, ill conformity with the graded list oft absolute seniority, ordered drafted by the royal order of the 16th of the current March. In virtue of the considerations stated above, Her Majesty (whom God preserve), Queen Regent of the Rlealmn, in the name of her august son, the King, Don Alfonso XI11, has decreed that the second series of vacancies included in articles 41. 12, 43,.4, and 45 oft the additional 137 law occurring hereafter shall be tilled with officers of the immediately inferior category who possess all the other qualifications required by the provisions in force and occupy places included in the first third of the graded list of their category and in the first half of the register of absolute seniority in the service, drawn for said category by the royal order of the 16th of March of the current year. I communicate this to Your Excellency by royal order for your observance in making the proper recommendations. May God preserve Your Excellency many years. CANALEJAS Y MENDEZ. To the Assistant Secretary of this l)epartmentt. MADRID, March 23, 1889. ( (aceta, March 24.) Royal order of August 24, 1889, on the reinstatement of suspended officers in the judicial and the public prosecution services. In the proceedings instituted for determining the form in which suspended officers may reenter active service in the judicial and the public prosecution services, Her Majesty the Queen (whom God preserve), Regent of the Realm, in the name of her august son, the King, Don Alfonso XIII, in conformity with the report of the section of state, grace, and justice of the council of state, has deemed proper to order that suspended officers desiring to reenter the service shall solicit their reinstatement witin the 1)eriod of one month, which can not be extended, counting from the date. When said period has elapsed, the respective proceedings shall be transmitted to the board created by the royal decree of February 6, 1888, and if the qualifications of the petitioners for reinstatement in the active service has beelt declared, they shall be included in the proper llace of their graded list. I commlunicate the above by royal order to Your Excellency for your information and consequent effect. May God preserve Your Excellency many years. CANALEJAS Y MENDEZ. To the Assistant Secretary of' this Department. MADRID, August 24, 1889. (G(aceta, August 25.) Royal decree of September 24, 1889, establishing certain guaranties of judicial irremovability and rules.or promotions and transfers. STATEMENT. MADAM: The guaranties of irremovability established by the organic law on judicial power protect only at the present time the officers entering the service by means of a competitive examination, so that more than four-fifths of our judges and associate justices may be discharged, suspended, and transferred without even a statement of reasons. If to this evil we add the fact that promotions in tile second, third, and fourth series permit, without requiring lpublic account nor previous investigation, to dispose of the future of officers by granting a rapid advancement or by constantly delaying it, we find the cause for so 1.38 many complaints mtadle incessantly in the 'Parliament and in the press. It is therefore not to be wondered at that the secretary of grace and justice scarcely has time to serve the nationl i affairs of a higher importance, as he is daily a victim of hundreds of recommendations forcing him to misuse his discretionary judgment in favor of the persons recommending, and is inmpeded fronm exercising thei to thle benefit of the public service. The undersigned secretary does not defend the principle of absolute seniority, especially wlhen so heterogeneous a personnel of widely varying origin is in question; he is aware of tlhe fact that an absolute irremovability may sometimles sanction the basest of tyrranies, lowering at the same time all judicial discipline; lie does not inltend to infringe by departmental measures thle resolution of the Cortes of the Kingdom of such importanlt problemls; le does not procure a tardy remedy for these evils, as from the beginnling of the performance of his duties in this respect he has restricted the appointments of the second, third, and fourth series of succession by the most extreme rules. Other secretaries are at liberty to modify the criterion and standard of conduct, and to request of Your Majesty a repeal of the project of a decree attached thereto, if, accordinll to their principles of government, they deem such action necessary. The undersigned secretary believes that the most correct interpretation of tlie law attributes to the exercise of the discretion of the secretary in promotions its natural limits in the interest of the administration of justice and in the recompense of acknowledged and exceptional merits of an officer promoted. It is probable that in exercising these powers of the secretary, action hlas almost always resulted without taking into account other less acceptable reasons. Among the mistakes never intentionally committed, those committed by the undersigned secretary are perhaps most numerous. But without looking backward, and turning our eyes to the improvement in the future, it is impossible for us not to acknowledge that publication of appointments and information referring to officers is a due tribute to the principle of publicity of departmental acts, characteristic of our system of government, whose natural complement is based on exposing to public opinion the grounds for preference whlich otherwise, if founded on reasons carefully reserved by the secretary, may serve as al pretext for murmurs of discontent which it is important to prevent in all services, including tlhe judiciary, and, what is more important, for the loss of that inward satisfaction which is an impl)ulse of such noble actions and heroic sacrifices. Withlout acknowledged merits, appraised by independent standards, and without an irreproachable record of service, every preference savors of injustice, and the seniority comes forward claiming its sway; only in the highest category a legal tradition supported by valid reasons and deep-rooted practices justifies more amplitude in appointing, even if the undersigned secretary is disposed and considers himself obliged not to go beyond the first third of the inferior graded list. The confidence which the Government of Your Majesty places in the superior courts, against whlose reports no transfers or promotion shall be decreed, and the irremovability of all judges and associate justices until a new law shall make a final decision concerning officers entering the service without a competitive examination, would prove dangerous expansions of a past romanticism, with thle result that the judicial organism would lack tle necessary energies checking tlhe injustice from above anti the iniquity froln below. 139 After having their authority increased, after having their disciplinary self-government initiated under the supreme inspection of the Government, the chambers of admlinistration would disappoint the expectations of the undersigned secretary, showing him ingratitude if they do not help him in expelling the vicious elements in rewarding the other officers, who are the honor and glory of our judiciary. All social organisms reach the grade of development and independence which they conquer; if judicial officers believe that they only fulfill their duties conscientiously, without paying attention to the damage which may be caused to the prestige of the corps by their colleagues whose faults may become public and are not tried and punished in due legal proceedings; if reports on the personnel are subject to partiality for sentimental reasons; if the chambers of adlinlistration do not punish witll a strong hand the abuse of so many pletitions for transfers reqlested for reasons of convenience often based on feigned sickness; if irremovability is employed as a means of oppression, taken avail of by judges interested in local strifes in favor of their patrons, it shall be necessary to subject the discipline and manlagement of promotions to the discretionary judgment of the secretary. The undersigned secretary does not expect such alternative, and if he were afraid of it, lie would not seek at the price of so painful disappointments a popularity for the (Government of which he forms part. Intrusting to the courts themselves the discipline of the employees, conferring upon them the high mission of securing the irremovability of judges without causing damage to justice, seeking iii the decisions a certain criterion for promotions in series of apl)ointments, submitting voluntary transfers and changes to the report of hierarchical superiors, the undersigned secretary does not think that want of authority and independence in superior courts can be alleged, and he is confident that under such conditions said courts must answer to the expectations of the Government. whose sole aim is to raise the solemnity of justice and to invigorate the independence and liability of those upon whom society has conferred this pure treasure of social wealth for administration. In virtue of these considerations, with the approval of the council of secretaries, the ulndersigned sec:retary lhas the honor to submit for the approval of Your Majesty the accominlanlying project of a: decree. At the royal feet of Your Majesty. JOS:E ( ANALEJ AS Y M}ENDEZ. SAN SEBASTIAN, ASeptemlber 2.,3 1889. RO VYA, DECREE. In view of the reasons assigned by the secretary of grace and justice, with the approval of my council of secretaries, in the name of miy august soin, the King, Don Alfonso XIII, and as Queeln Regent of the realm, I decree the following: ART. 1. Until a new law establishes definitely the guarantees of judicial irremovability and determines the conditions with which judicial officers entering the service otherwise thani by means of a competitive examination must comply, in order to enjoy tle privilege, no judge or associate justice can be declared suspended or discharged except for cause and with the requisites established in the organic law on judicial power of September 15, 1870, now in force. 140 ART. 2. The judicial Oficlers wlji ll)ave Iotr entered the service by competitive examination may be transferred only sub jeet to the following rules: First. By virtue of:idmini strativiv proceedings in view of the exigencies of the service, andl in cconformity with thle report made in each case by the chamber of administration of the respective territorial audieticias, in cases relating to judges of examination and of first instance, and associate justices of criminal and territorial audiencias, or of tlhe chamber of administration of the supreme court, in the cases relating to presiding judges of chambers of territorial audiencias. Second. Upon tlhe request of the officers concerned, provided the report referred to in the preceding rule is favorable. Third. Through exchalge, the advisability of which shall be reported on by the chambers of administration of territorial audiencias, or by the supreme court, respectively. ART. 3. The transfers and exchanges referred to in the rules of the plreceding article sliall, in addition, be subject to the incompatibilities established by the legislation in force, and no transfer or changes solicited can be allowed until one year has elapsed from the date of the last appointment or transfer. ART. 4. In the cases of exchanges or transfers granted ul)o0l the petition of the officer concerned, tlhe period allowed for taking possession of the office can be extended. iIn transfers granted in virtue of the administrative proceedings treated of in rule 1 of article 2, thle extension granted shlall not exceed thirty days. In either case, it shall be construed that the officer resigns the office for which he has been appointed if lie fails to take possession of it within the respective periods allowed for taking possession, uand does not give justifiable reasons for his inability to (do so, in conformity witli the provisions of article 187 of tlhe organic law on judicial power. ART. 5. The vacancies in thle judicial and the public prosecution services, corresponding to the first series of succession established by articles 41, 42, 43, 44, and 45 of tlhe additional law to tlhe organic law on judicial power, shall be filled with officers of tlhe category immediately inferior who have not previously filed a written renunciation of their right to promotion, and who occupy tlhe first place in tlhe respective graded lists, and are credited with the greatest length of service in their category. O(ther conditions being equal, tlhe preference shall be granted to the officer of the greatest seniority in the service. There shall be excepted from this l)rovision the vacancies which are filled by the Government by virtue of the powers that are granted to it by the third paragralflis of articles 44 and 45 of the said law. ART. 6. In filling vacancies of the second series of succession established by the law, up to the category of associate justices of territorial audiencias, inclusive, preference shall be given to officers who have to their credit the merits mnentioned in article 170 of thle organic law on.judicial power. To carry this provision into effect tlie persons concerned shall apply to the department of grace and justice in the manner and with tile documents specified in article 16(9 of thle said law. The department shall forward the procee(lings to the (lualification board (junta calificadora) of tlhe judicial power, in order that the latter, in view thereof and the judgment of the officer, decides whether lie can concur or not in the declaration of merits. After the former liave been returned, if tlhe resolution of tle1 board is favorable, and in no other case, they shall be transmitted lor rel)ort to the corl)oratiol or superior 141 court designated by the Government in cases 1, 2, and 3 of the said article 170, and to the council of state in the case referred to in No. 4 of the same article. The llureau of the plersonnel of the said dlepartment slall open and keep a register, il whlich a memiorandunm shall be dulyr made of the officers receiving favorable qualifications. The Government shall appoint freely from among said officers, provided that in each case the appointee possesses the other legal qualifications required for promotion. ART. 7. If there are no officers who h:ave duly qualified merit for promotion in the second series of succession as described in the preceding article, promotion shall be granted to those who are recommlended officially by chambers of boards of administration of audiencias in the reports which are for this purpose demanded of thenm by the department of grace and justice, or in the recommelndations (Ilily accounted for, which may be submitted by said chambers or boards, whenever an officer of their territory in their opinion deserves promotion. In the promotions granted in virtue of the provisions of this and the preceding article special mention shall be maide of the merits on whicl the appointment is based, and the decision shall be published in full, or, if the text is very long, in a summarized form, in order that it may afford a legitimate satisfaction to the officer promoted and a noble stimulus to his colleagues. ART. 8. In order to till the vacancies, the provision of which should be effected by the third series of succession, in the categories referred to in articles 41 and 45, inclusive, of the additional law to the organic law, appointments shall be given to officers of the class imnlneiately below who possess the qualifications for promotion required by the legislation in force and who, in addition, have to tlheir credit tlhe greatest number of years in the service and have no unfavorable memorandum in their personal record. ART. 9. The vacancies corresponlding to the fourth series of succes sion shall be filled in the lmanner prescribed ill article 6 of the present decree for the second series of succession, but this action shall be taken only inl the case when the Government does not make use of the power given it by the additional law for granting appointments to the persons designated by the same and without pre judice to the legal provisions in force concerning the suspended officers of the judiciary and the department of public lprosecution and the officers serving in the same branches in the colonies. ART. 10. The provisions on the irremovability of officers of the judicial service contained il the preceding articles slall be enforced from the publication of this decree without prejudice to the resolutions offered by the report of the qualification board of thle judicial power, which shall continue as speedily as possible the examination of the personal records referred to in rule 3, article 1, of the royal decree of February 6, 1888. ART. 11. All the former provisions which conflict with the present decree are hereby repealed. Given at San Sebastian on September 24, 1889. M ARIA (JRISTINA. JosI (JANALEJAS Y MEN)EZ, Secretary of Gracr aId Ju.sti('e. (( acet, of September 30.) 142 Royal order of December 16, 1889, on the filling of vacancies in the judicial and the public prosecution services. As it is frequently the case in filling vacancies in the judicial and the public-prosecution services that there are no officers possessing the legal qualifications for promotion, and in order to establish a general standard to be observed in the future, the King (whom God preserve), and in his name the Queen Regent of the Realm, has decreed the reestablishment in full force of article 11 of the royal order of May 29, 1885, which provides that if in one or more series of succession no officers are found possessing the required qualifications for the office to be filled, said series of succession shall be passed over, and a memorandum to this effect entered in the proper book, while the vacancy shall be filled from the series of succession next in order. I communicate the above to you by royal order for your information and other effects. May God preserve you maly years. BECERRA. MADRID, December 16, 188!). To the Governors- General of Cuba, Puerto Rico, and the Philippines, and to the Director- General of Grace and Justice of this Department. Royal decree of March 28, 1890, reorganizing the secretary's office of the codification commission of the colonial provin ces. Upon the recommendation of the secretary of the colonies, in the name of my august son, the King, Don Alfonso XIII, and as Queen Regent of the Realm, I decree the following: ART. 1. The duties of secretary of the codification commission for the colonial provinces shall be performed by the chief of the bureau of civil matters and legislative reforms of the general direction of grace and justice of the colonial department and by the personnel detailed to that bureau. ART. 2. The provisions of the royal decree of February 25, 1887, reorganizing the said commission, shall remain in force in all matters which (lo not conflict with the provisions of this decree. Given at the palace on March 28, 1890. MARIA CRISTINA. MANUEL BECERRA, Secretary of the Colonies. Royal decree of October 13, 1890, reestablishing the assimilation of the employees of the general direction of grace and justice and other officers of the department, to whom such assimilation is due, with the officers of the judicial service. By virtue of the reasons stated to mo by the secretary of the colonies I decree the following: ART. 1. The positions of the personnel of the colonial department belonging to the general direction of said department, up to the third 143 class of officers of adminlistration, auxiliary officers of the secretary's office of the fifth class, inclusive, shall be considered as of officers of the judiciary, serving in commission, with all the privileges that may in this respect be accorded them. Consequently the persons discharging said offices shall ]have the respective category and grades, shall be granted the same rights of seniority, and shall obtain the same credit for their services which would be granted them if their services were actually rendered in inferior and superior courts of the colonies. ART. 2. For the assimilation of administrative and judicial categories, in consequence of the provisions of the preceding article, the following equivalents are established: Chiefs of administration of the first class, officials of the senior secretary's office, shall have the same rank as tlle associate justices of the audiencia of Habana. Chiefs of administration of the second and third class, officials of the secretary's office of the first and second class, as the associate judges of territoral audiencias outside of Habana. Chiefs of administration of the fourth class and chiefs of bureaus of the first class, officials of the secretary's office of the third class, and auxiliaries of senior secretaries' offices, respectively, as associate justices of criminal audiencias. Chiefs of bureaus of the secolld class, auxiliaries of the first grade, as judges of the final category. Chiefs of bureaus of the third (class and first-grade officials of administration, auxiliaries of the secoid and third classes, as judges of the promotion category. Second and third grade officials of a(lministration, auxiliaries of the secretaries' offices of the fourth land fifth grades, as judges of the entrance category. The categories above enumerated shall Ihe understood as acquired by analogy in their equivalents of the department of public prosecution. ART. 3. An officer of tlhe direction, who shall be transferred with or without a promotion to the judicial aid(l the public-lprosecution services in the colonial provinces can not return to the direction without having held his office in the inferior or superior courts of tlose provinces for an uninterrupted period of two years. ART. 4. A change for executive offices of those in the judicial and public-prosecution services in the colonies can be decreed only in making use of the fourth series established by the royal decree issued by the department of this branch on the 26th of October, 1888. ART. 5. The officers attached to the general direction of grace and justice of the colonial department up to the category of official of administration of the third class, inclusive, shall enjoy the benefits granted by this decree, and the following rules shall be applied for carrying out the provisions of article 2. First. Those who have acquired a judicial category higher than that of the office they fill shall preserve said category with all the rights granted therewith in the order conferring the office. Second. Those having a category inferior to that of the office which they fill shall obtain the category belonging to that office, acquiring it for all legal effects, after having served two years in the inferior category. Third. For the personnel to which a judicial category has not been granted, and which served in tle general directiol of grace and justice at the date of the promulgation of the budget law now in force, issued 144 for the island of Cuba and for the personnel of the aforesaid general direction before the publication of this decree, the assimilation to the judicial service of the colonies is hereby reestablished and carried into effect at once under the conditions and in the form established by the decree of May 2, 1869, and by the royal decree of April 12, 1875. ART. 6. The assimilation reestablished by the third rule of the pre ceding article does not grant the right to enter into the judicial or the public-prosecution services of the peninsula, nor to appear in a certain category in the united graded lists for the branches of the service in the peninsula and the colonies, until the persons obtaining assimilation comply with the requirements fixed in article 7 of this decree. ART. 7. The officers who at the time this decree is published are attached to the general direction of grace and justice may acquire the judicial category corresponding to the office which they till when they possess or comply with the following requisites: First. Of having reached the age of 25 years and being a lawyer. Second. Of having served the number of years which the additional law on judicial power, promulgated for the Peninsula, requires of lawyers for obtaining by the fourth series of succession an equal position in superior or inferior courts. The time spent in law practice shall be taken into account. Third. Of having to their credit among these services at least four years of service in the direction of grace and justice of the colbnial department. ART. 8. In conceding assimilation of rank that may belong to officers who may in the future be attached to the direction of grace and justice of the colonial department, proceedings shall be instituted in each case, in which said requirements and the qualifications of aptitude of the officer seeking the assimilation shall be duly demonstrated. ART. 9. Officials of administration of the fourth and fifth classes, and auxiliaries of the sixth and the seventh classes serving in the general direction of grace and justice, shall in no case be considered as assimilated to the judicial service. ART. 10. For the purposes of assimilation the personnel of the general direction of grace and justice of the colonial department shall include the categories, classes, and number of officers established, as follows: One chief of administration of the first class. One chief of administration of the second class. One chief of administration of the third class. Two chiefs of administration of the fourth class. Two chiefs of bureaus of the first class. Three chiefs of bureaus of the second class. Three chiefs of bureaus of the third class. Three first grade officials of administration. Eight second grade officials of administration. Two third grade officials of administration. And the number of officials of the fourth and fifth grades and of candidates that are considered necessary for the efficacy of the service. Given at San Sebastian on October 13,1890. MARIA CRISTINA. ANTONIO MARIA FABIs, Secretary qf the Colonies. 145 Decree-law of October 13, 1390, on entrance, transfers, and promotion of oficers of the gener((l administration of the State in the colonial possessions. In view of the reasons stated to nme by the secretary of the colonies, I decree the following: K I ILO Y EES. ART.. 1. In the provisions of this decree-law shall be considered included the officers of the general administration of state in the colonial department and its peninsular dependencies, and those of the provinces subject to the rule and government of said departmenlt, whose services are not regulated by special provisions. ART. 2. The employees to whom the plreceding article refers may aspire, accordiig to their respective abilities, to the administrative categories and classes, recognized by the provisions in force in the Peninsula, and to tile salaries fixed by the general budget laws for tile colonies, and the extra pay fixed by the same laws for offices in the colonial provinlces. ART. 3. The colonial department sliall draft two general graded lists, one including all the employees of royal appointment in tile actual service of the general administration of state, either in the department and its peninsular dependencies, or in the colonial possessions; and another, including tlie discharged officers who served in the administration of State above referred to. The office of the assistant secretary of this department shall also draft two other graded lists which shall contain the subordinate personnel, active as well as passive, of the said branch of service and its peninsular dependencies. The same shall be done by the governors-general of the colonial provinces with regard to the sllbordinate personnel depending on said governors and the other authorities of the state in the territory intrusted to them, and shall forward to the department copies of both graded lists. ART. 4. Employees belonging to services or bodies organized by special provisions or laws shall continue to be governed thereby in so far as they are not modified by the present decree law or other special provisions. The provisions included in this decree law shall have a supplementary character in all the cases not provided for in the exceptional provisions governing said employees. Slould any of said services or bodies be abolished or dissolved the employees of the same shall be included in the general graded list of discharged officers of the general administration of state of tile colonies, and their category and class shall be computed on the basis of tlhe amount of personal salary which they received. ART. 5. The employees of special bodies or branches of service who obtain an employment included in the graded lists of active officers of the general administration of state in the department and its dependencies, in tile Peninsula and( in tile colonies, shall be kept on the graded list of their respective brancles of service or bodies, and may return to the employment in tle same in tile cases and under the conditions authorized by the l)rovisions governing said empnloyment. 3007 1 0 146 AntT. 6. In the future no special branch of service shall be organized except by a bill of law voted uplon in tlie Cortes. ARnT. 7. The alpointmets of of oficers belonging to the category of a superior chief of administration, or of chief of administration, shall be made by means of a royal decree; those of chiefs of bureaus and of officers of administration by a royal order; appointments of subordinate officers by the assistant secretary's office of the department and by the superior colonial authorities within the limit of the powers granted to each of them. ART. 8. In each appointment a statement slall be made of the category and class of the office and of the legal qualifications of the appointee and the series of succession to which the appointment corresponds. ART. 9. The superior cliefs of administration ald the civil governors of the colonial provinces, who from otlher considerations hiave no right to be included in the graded lists with the categories and classes of said officers, shall not enter said categories or classes until they have been filling the same for two years, deducting the time of leave, office or offices corresponding to the respective category and class. Should the time of service in a higher category or class be insufficient to include the officer in question in thle same on the graded list; that time shall be added to tile period of service in inferior categories or classes, as tile time spent in actual service in the latter categories or classes, and slIall give to said officers thle privilege of occupying a higher place aimong the employees of the same class. (CHAIPTER, II. E'NTRANCE. ART. 10. Entrance and promotion into the service of the general administration of State in tle department and its PeIilnsular depend encies and in the colonial l)rovinces slhall be adjusted to the following rules, however without preijudice to the other provisions established by tlhe present decree law: 1. Suspended officers may return to active service in an employmelt of the same category and class as that which they filled previously. 2. No office can be entered except through the fifth class of officers of administration. Persons holding academic or professional degrees or having pursued higher studies may enter the service as officers of administration of tlhe second class. 3. For promotion from one class to another two years of service in the class immediately inferior are required, besides a l roportionate number of years spent in the service of the State according to the following scale: For promotion to chief of administration, ten years; for l)romotion to chief of bureau, eight; for officers of administratiom of the first class, five; for officers of administration of the second class, lour; for officers of adminiistration of the tlird class, three; and for officers of administration of the fourth class, two. Tlhe officers of tlie civil and economic administration of state holding academic degrees of higlher studies or professionls may be promoted to officers of adiliniistratio of tle first class after completing two years of service as officers of the second class, an(1 to clhiefs of bureaus of the third class after complleting two years of servic.e as officers of the first class. ART. 11. To obtain tie office ot a superior chief of administration the candidate is required to be or to have been a senator or deputy to the 147 Cortes durinig the lperiodl of two genieral electionis; to have to his credit teni years of' service in the (civil adlminlistratiOit, or to haive drawn a salary equal to or highier than that of 8,7,50 pesetas. ART. -12. Tro lie appointed governor of a provin~ce htt thre islaind of Cuba or in the Philippine -archipelago, when military authority over the territory is not vestedl in said office, the following qualifications are required: II. To have filledl for,any time offices with the ('ategory of chief of administration of the first class, or to have filled for more than one year offices wvith the categ-ory of chiefs- of administration of the second class, or for mnore than. two years siuiilar offices of the third or of the fourth ci ass. 2. Tob rdie ih more thatn fifteen years ofadinistrative service in the State or in thie 1provmnce. provi(led litat. the last office has been of a category hiighier tlian. that of a (cIief of bureaut of the third class. 3. To have, been ta dleputy to thie (1ortes or to have been an elected senator during one full. term of the legislature. 4. To h~ave beeii elected a provinciafl (leputy at least; twice, andl to have taken possession anid tilled saidl offic-e withouit leaving it by resignation. 5. To have been an as-sociate tutceo ny an encaortniet fsa for a periodl of more tlIan two years, or to havIe, filled an offic.-e in- the,Judlicial service, highber than- the two above mentionedA. 6. To have filled the office of alcalde in the regular mnannier for more than two years in capitals of provinces of the first, or seconid class, or to have been. a meinber o)f at provincial commission. for the same length of time. 7. To have been secretary of' adnintistr~atimi for more thait two years ain first-class provinces. 8. To be or to have, beeii a secretary applointed through a competitive examination ain a p)roviiu(ial delputatiotn of first-class provinces for thte p~eriodl of four years. Appointmtents to be governors of provinces msay also be given to soldliers who have spent twenty-five years ait the military service, ten of whichi in. the actual service a,,s co-utnaitders; anid itn the Philippine Islands persoiis who are or hiave been lpolitic-al ittiiitary governors in said territory for two years with the itimuMn111 ta.1nk of major of the army or its equivalen~t in thie naval service, aind to those who for an eqlual p~eriod1 of time havxe servedl until the pub~lication of' the Royal decree of Mlarch.5, 1886, ini the cap)acity (if muayors, (aicaldc mciyor) with the c-ttegory of judge of first finstance of' the lprotmotion or of thle finial category. If the C(Tovernminet learmis that any of thme (colonial provinices is sub~ject to circumnstantces requiring special precautions for thte sake of national unity, or in such an. abnormal conditiomi tltat special qualifications are,necessaly to satisfy the exigencies of' its governmenet, anid wlteit it is thiought that tiherc are no persons among the officers referr-ied to in this article, possessing tlte necessary ability for the case, the office of the governor of' said province may lie conlerre l upon] a person of acknowledged fitness and p)atriotism after the approval of'the council of secretaries, which shldl decidle upon. thme advisability of adopting such itteasures. ART. I 3. Residents offthe islands of Cuba, Puerito) Rico, and the Phil. ippines who Itave been (liseltarging duties as provinicial. deputy, as alc~alde, or ais member of the council iii the capit al of'a, province, or whio have beloniged ini time ('ahitaclity o)f unemnbet's. oif administrative Councils 148 or of the existing consultive or auxiliary boards of administration of a central character, may be appointed chiefs of administration of any class and in the administrative service of the respective provinces, except in the custom-house service. For the offices of chiefs of bureaus of the said territories in similar circumstances the appointment may be given to persons who have belonged to the provincial and local boards of that same class, or who have been alcaldes or councilmen of a municipality which is not a capital, provided that said persons possess the following qualifications: Of having resided in the territory in question for eight years previous to appointment. Of having discharged for the period of four years any of the offices enumerated in this article without having resigned from the same. Of having discharged in a proper case the duties of a provincial deputy, alcalde, or councilman, by virtue of a popular election. ART. 14. The legal qualifications stated in the preceding article for offices of chiefs of administration, or chiefs of bureaus, does not grant under any circumstances the privilege of seeking employment of a higher or inferior category. The time spent in service in the capacity of a provincial deputy, member of a provincial commission, alcalde, or councilman, by virtue of a Government appointment, shall not be taken into account for the acknowledgment of said legal qualifications. Said legal qualifications shall be shown by documents in proceedings before the appointments are made. The appointees shall not be entered in the general graded lists until after they have served in the offices conferred on them for two years, deducting the time taken for leave, except when they have a right to be included in the graded list for other causes. ART. 15. The admission to the service of the general administration of state in the colonial provinces, with the category of officer of administration of the third or fourth classes, may be granted to the persons possessing all of the qualifications mentioned below: To be at least 21 years of age. To have a degree of bachelor of arts. To have studied and have been certified in having successfully passed in official universities the courses of political law, administrative law, political economy, public treasury, and obtained in said courses a standing of a grade higher than the grade "Passed." To have studied and have been certified in having successfully passed at the Central University a course on colonization endowed by the colonial department, and obtained in said course a standing of a grade higher than the grade "Passed." Appointment shall not be granted until due certification is made with proper documents proving the above qualifications. ART. 16. The appointment of officers of the fifth class of the department and its peninsular dependencies shall be granted to persons who, besides being at least 20 years of age, possess the following qualifications: Of having discharged creditably a similar office in the public administration, or having filled for two years the office of a candidate il the same manner, or holding the degree of bachelor of arts, or a professional degree of any other kind. ART. 17. Appointment of officers of the fifth class in the colonial provinces shall be made by the respective governors-general, who shall immediately report on the matter to the department, in order that said appointments may be confirmed by a Royal order. 149 The appointment shall be made with a statement of qualifications of the appointee, said qualifications being duly proven to the department by the proper documents. The following shall be the qualifications: 1. Residence in the territory in question for two years prior to the date of appointment. 2. To be at least 18 years of age. 3. To have creditably discharged a similar office in any dependency of the central or provincial administration, or to have filled creditably subordinate offices as a candidate or clerk with similar good conduct, with a minimum annual salary during four years, amounting to 300 pesos in Puerto Rico and the Philippines, and 600 pesos in Cuba, or holding a degree of bachelor of arts, or a professional degree of any kind. ART. 18. The secretary of the colonies need not approve an appointment if there are grounds for such action, but the appointee shall draw the salary for the time during which he has filled his office. The denial of approval shall duly give the reasons therefor, and shall be binding, relative to drawing salary, eight days after the corresponding order has been received in the General Government. In the latter case the appointment of a governor-general shall be without legal effect for the computation of the length of service or for the granting of a category. ART. 19. Any appointment of an officer of the fifth class made by a governor-general of persons who have not previously shown the qualifications required by article 17, shall be considered null, and any salary that has been paid to such appointees before they have proven their qualifications, shall be charged to the disbursing officers. ART. 20. The royal order confirming the appointment of an officer of the fifth class shall have a retroactive legal effect to the date on which the appointment was made by the governor-general. ART. 21. The appointments to the positions of treasurers-general of the treasury, provincial treasurers, depositaries and collectors of the treasury branch of service, of any class and category, shall be made by the colonial secretary at the suggestion of the respective governorsgeneral with the approval of the intendentes. The persons who possess the qualifications specified in article 10 of this decree, and who, besides, offer and execute the bond required for the office, shall be recommended for appointment. Recommendations for appointment shall be accompanied by documents certifying that the above requirements have been complied with. Said appointments shall not be included within the order of the series of succession established by article 25. ART. 22. In order to properly fill the offices of candidates, clerks, and other subordinate employees of administrative offices, the respective governors-general shall draft and recommend to the colonial department the proper regulations, designating the offices to be filled by each authority in the territory subject to their jurisdiction, and providing that one-third of said offices be given to the persons who have been discharged from the army or the navy with a good record of military service and who have settled in the country. ART. 23. The employees and subordinate officers of the public order or of the police shall be appointed without restriction by the governorsgeneral, but shall not enjoy the benefits conferred by this decree-law. The same rule shall be applied to employees of the garrison, with the exception of chiefs of garrison establishments, who shall be appointed 150 by the secretary of the colonies, outside of the series of succession, but subject to the requirements necessary to solicit employment of the same category and class as that granted to the commanding chiefs of colonial garrisons. ART. 24. Until otherwise decreed, entrance and promotions of civil officers serving in the Spanish possession of the Gulf of Guinea shall be by means of an unrestricted selection. In order to be included in the general graded list and to enjoy the privilege conferred by this decreelaw, two years of actual service with permanent residence in the colony shall be required of officers of administration in the last category, and four years of chiefs of bureaus, or in all, six years of actual service with a permanent residence in the colonies, the time of leaves of absence being deducted. Officers of any class or category who are accompanied in these colonies by their wives or children shall enjoy during their residence in the colonies an increase of 10 per cent of their total salary. CHAPTER III. PROMOTIONS AND VACANCIES. ART. 25. Entrance as well as promotions in the service of the general administration of state in the colonial department and its peninsula and colonial dependencies shall be adjusted, besides the provisions contained in the preceding chapter, to the following series of succession: 1. Of seniority among active employees. 2. Of seniority among suspended officers. 3. Of selection among active employees. 4. Of selection among suspended officers. 5. Of unrestricted appointment with the conditions fixed for entrance in the preceding chapter and in article 10 of this decree-law. ART. 26. In the first series of succession promotions shall be given to the active employees occupying the first places in the classes immediately inferior to that in which the vacancy occurs, up to officers of the fifth class, inclusive. ART. 27. In the second series of succession, appointments shall be given to the suspended officers who hold the category and class equal to that of the office to be filled and occupy the first place in the respective graded list. Should there be no candidates holding the category and class of the vacancy, the appointment shall be bestowed on the persons of the category and class immediately below, who occupy the first place and have to their credit two years of actual service in the same. Should there also be no such candidates, the series of succession shall be declared to be passed over and the vacancy shall be filled by the third series. ART. 28. In the third series the appointment may be granted to an active employee included in the category and class immediately inferior to that of the vacancy, and possessing the following qualifications: 1. Of being included in the first half of the list of officers of his class. 2. Of having to his credit two years of service in his class. 3. Of having to his credit the full number of years that are required by article 10 of this decree-law for the various administrative categories. 4. Of being at the time of appointment in the locality of his office. Appointments in this series of succession to serve in the colonial provinces and possessions beyond the sea, may also be granted to offi 151 cers of the civil administration in the Ipenllilsa or of the colonial department and its dependencies in Madrid, to whom shall be granted promotion, without regard to the time of service in their category and class, and with two promotions if they lack less than six months of being qualified for promotion in the Peninsula by selection. ART. 29. In the fourth series of succession appointment may be granted to a suspended officer appearing in the graded list in the category and class equal to those of the vacancy, or else witlh the ones immediately inferior. In the latter case the suspended officer must have the following qualifications: 1. He must be included in the first half of the list of officers of his class. 2. He must have to his credit two years of service in his class. 3. He must have to his credit the full number of years which are prescribed by article 10 of this decree law as a qualification for seeking appointment in the various categories. Preference shall be given to suspended officers possessing the above qualifications to those who have been suspended with pay, and, in their default, to officers suspended on account of abolition of their offices, or on account of reforms. Appointment in this series of succession for offices in the colonial provinces and possessions may be granted also to suspended officers of the civil administration of the Peninsula, or of the colonial department and its dependencies in Madrid; and a promotion shall be conceded them without regard to the time which they have to their credit ill their class and category, and with two promotions if less than six months are lacking for their reinstatement with promotion in the Peninsula. ART. 30. In the fifth series of promotions vacancies shall be filled in the following manner: If the vacancy is of a category inferior to that of a superior chief of administration and of a higher category and class than those of an official of administration of the second class, the appointment shall be granted to an active or passive officer of the general administration of state in the Peninsula, or of the colonial department and its dependencies in Madrid, or of special branches of the service or bodies which belong to the class immediately inferior to that of the vacancy or to its equivalent in a special branch of the service or a special body, no regard being paid to the length of time spent by said officer in the class in question. Appointment may also be made of officers of the same branches of the service who have filled an office inferior by two classes or grades, and who have to their credit one year and a half in the service. In either case the full number of years of service shall be required, as prescribed by article 10 of this decree law, for a transfer from one category to another. If an office of administration of the second, third, or fourth class is vacant, it shall be filled in the manner described in the preceding paragraph, or else the appointment shall be given to persons possessing the qualifications which are required by articles 10 and 15 of this decree law for aspiring to said categories a(l classes, although the persons in question have either never been employed by the State, or have discharged duties of an inferior class. The advantages obtained by virtue of what is authorized in this article and in the two articles immediately preceding it shall not be considered as granted with an office, so far as the colonial provinces are 152 concerned, until the office obtained shall have been filled for two years, deduction being made for leaves of absence. After this condition shall have been complied with by the employee, he may be transferred with the category and class he has acquired to the general administration of state of the Peninsula or to the colonial department or its dependencies in Madrid. ART. 31. If any member of the council of state, either active or suspended, is appointed without retaining his membership in the council to fill the office of a superior chief of administration in the colonies, he shall draw 3,000 pesetas of salary fixed for the office, which salary shall not be affected by the total amount provided for in the budget. ART. 32. The personal salary drawn, or the highest salary which has been drawn by an officer from a special branch of the service or body who is about to be appointed to fill an office in the civil administration of the colonies, shall serve as a basis for granting to said officer the category and class belonging to him in accordance with the categories and classes included in the general graded lists of the employees of the general administration of state. ART. 33. The employees rendering services in the colonial department and its peninsular dependencies may renounce in advance the promotions to offices in the colonies which may belong to them by right of seniority or appointment, said renunciation being made in a request drawn to that effect. The employees of the Antilles may likewise renounce promotions to offices in the Philippine Islands and vice versa. Should an officer renounce a promotion for any other causes he shall be declared suspended, provided that the office does not require a bond. ART. 34. Suspended officers who have been given an employment not requiring a bond, or one of a category and class inferior to that of the highest office which they have discharged, and who have renounced or have not taken possession of their office in the time fixed by the regulations, shall appear in their graded list in the last place of their class. ART. 35. When no candidates are found inl the series of succession from which a vacancy should be filled the vacancy shall be filled from the series next in numerical order. When the fifth series of succession is made use of the first series shall be next utilized. ART. 36. The colonial department may renounce the right to fill vacancies by the fifth series of succession whenever it approves filling said vacancy by the first series. ART. 37. Claims may be made in administrative litigation by the persons who consider themselves to be wronged by appointments made with modifications of the series established by this decree law, except when such modifications are authorized by the preceding article. CHAPTER XV. GRADED LISTS. ART. 38. In the month of May of the year 1891 the assistant secretary's office of the colonial department shall publish provisionally the two general graded lists referred to in article 3. Said graded lists shall be binding until the formation of the final ones, to be published on June 30, 1892. The latter shall serve as a basis for the annual ones to be drafted and published thereafter in conformity with article 41. ART. 39. Employees shall be included in the graded lists within each category and class in strict order of seniority. Public officers in offices 158 inferior to those which they have reached in their careers shall be given the first places in the graded lists of the respective classes in which they appear as in active service. A greater number of years in service, and in cases of equality in this respect, a greater age shall determine the order of preference to be granted to officers of equal seniority. Graded lists shall not contain lists of employees subject to administrative proceedings or trials before the date of this decree law until said proceedings or trials come to a final decision with a declaration therein authorizing the inclusion of said employees in the graded lists. ART. 40. After the graded lists are published persons who have a right to be included therein may complain of the place assigned to them in the same, or may request to be included if they have been omitted. Complaint shall be made within the period of one month by parties residing in the Peninsula, three months by those residing in Cuba and Puerto Rico, and six months by those residing in the Philippines, or in the Spanish possessions in the Gulf of Guinea. After the period assigned for making complaints has elapsed no claim shall be received. ART. 41. Beginning with the year 1893 annual graded lists shall be published in the month of July of each year, showing the status of the service as it appeared on the 30th of the preceding June. ART. 42. The colonial department shall issue the necessary regulations in order that the formation of the provisional general graded lists to be published in May, 1891, may be furnished by the higher authorities of the colonial provinces and possessions, and by the active and suspended officers residing in the colonies or in the Peninsula. CHAPTER V. SUSPENSIONS. ART. 43. Suspensions shall be decreed unrestrictedly by the authorities which made the corresponding appointment. The governorsgeneral shall report to the Government on the causes of suspensions decreed by them. Notwithstanding this provision, the secretary of the colonies may decree the suspension of officers of administration of the fifth class, whose appointment is made by the governors-general, whenever such suspension is demanded by the good of the service of the State. A suspended officer shall be entered in the proper place in the general graded list of suspended officers. ART. 44. If a suspension has been caused by serious offenses committed by an employee in the exercise of his duties, he may be reduced in the graded list upon the recommendation of the respective governorsgeneral, after a decision of the jury provided for in article 82, and after the other formalities regulating the procedure of this jury, which are established in articles 82 and 84 of this decree law. ART. 45. The employees of the public administration who are prosecuted criminally at the instance of some person or otherwise, shall be suspended from their duties from the moment in which said complaint is made. Such officers of the colonial provinces shall have a right to draw only one fourth of their salary for living expenses, said pay in no case exceeding 1,000 pesos, until a definite decision is rendered. The pay for living expenses referred to in this article is limited only to the cases where an officer is tried for acts relating to the office which he fills in the territory under the jurisdiction of the colonial courts 154 taking cognizance of the cause, and it shall cease when the officer in question shall have been condemned in any other cause. ART. 46. After a sentence has been pronounced either condemning or acquitting, or staying proceedings, a decision shall be made in an administrative way after hearing the council of state, upon the standing of the employee, his final reduction or retention in the service, the time of service, and other administrative matters. CHAPTER VI. TRANSFERS, EXCHANGES, LEAVES, AND COMMISSIONS OF THE SERVICE. ART. 47. Every employee of the colonial provinces may be transferred within the islands of Cuba, Puerto Rico, and the Philippines, respectively, to officers of a category and class equal to the category and class of the office which he tills, if the transfer would prove of utility to the service. Transfers of officers serving in the Antilles to the Philippines and vice versa can be made unrestrictedly only for the interest of the service, when the employee to be transferred has completed two years of continuous residence in any of said territories. ART. 48. Officers are hereby forbidden to discharge duties other than those which properly belong to their regular offices, except in cases of substitution or in case of a greater usefulness to the service. In these cases the governors-general shall recommend the transfer beforehand. which shall in no case be made without the approval of the colonial department; or, if made, the payment of salary which might otherwise be due to the officer transferred, either for his regular or for the incidental duties is prohibited, under the liability of the disbursing officers. ART. 49. Public officers discharging their duties in the colonial provinces may obtain temporary leaves for Europe, subject to the following rules: 1. It shall be an indispensable condition for requesting leaves to have remained in active service in any of said provinces three consecutive years without interruption. 2. The maximum time of leaves which can not be extended shall be adjusted according to the following scale: In cases of officers who have complied with the condition of the preceding rule, six months for officers of the Philippines and African possessions, or four months for officers of Cuba and Puerto Rico; in cases of officers of the same possessions who have remained in active service as specified in rule 1 for six consecutive years-nine and six months, respectively; in cases of active, uninterrupted service reaching ten consecutive years, twelve months and eight months, respectively, for the former and the latter officers. 3. A leave obtained under any conditions deprives the officer making use of it of the right to request another leave until the conditions specified in rules 1 and 2, as may be the case, have been complied with again. 4. Leaves of absence shall be requested by the parties interested in due form and medium to the secretary of the colonies. 5. Only in cases of serious sickness duly proven, which endangers the life of the employee concerned, can the governors-general advance leaves for Europe for one-half of the time respectively fixed in rule 2, said leaves being granted after due investigation made by the immediate superiors of the employee in question, or, in cases of employees of the treasury. after a recommendation of the intendente or directorgeneral of the service. 155 6. In drafting the papers which show the causes calling for a leave, as well as for the payment of the salary during the time of the leave, according as to whether it has been granted on account of sickness or for personal reasons, the prescriptions of the preceding rule shall be taken into account, and, further, that a leave must invariably be passed upon when the officer requesting it proves his poor health; and that such officer, from the day on which he ceases to perform his duties until the day on which he returns to them, shall draw only the personal salary corresponding to his office. ART. 50. Leaves for any points in Asia and America that are not included in the colonial provinces shall be granted by the governorsgeneral for a period of forty-five days, with an extension limited to twenty-two days, which may be granted in cases of sickness duly proved; and officers obtaining such leaves shall draw both the pay and the extra pay corresponding to their office. When leaves ot absence are granted for personal reasons, their time shall in no case exceed forty five days; and an officer making use of such leave shall not draw any salary. ART. 51. Leaves for points within the same islands in which the colonial officers requesting leaves render their services, shall be granted by the superior authorities concerned, and shall be subject to the following rules: 1. Colonial employees can not absent themselves from the town in which they discharge their special duties without a leave granted them by the competent authorities. An employee absenting himself without leave shall be considered as resigning his office, and shall be declared suspended, without prejudice to the other liabilities that may be incurred. 2. Leaves must be invariably solicited in writing, and through the immediate superior. When solicited on account of sickness a medical certificate must corroborate the statement. If the proofs presented by an officer in asking for a leave are in the opinion of his immediate superior insufficient, the latter may demand their amplification. In a petition for a leave the employee soliciting it must mention the leaves which he has enjoyed during the preceding three years. 3. The immediate superior, in passing upon a leave, shall state his opinion on the necessity of the employee to take it, and on the possibility to grant it without prejudice to the service. 4. Leaves on account of sickness shall be granted with full pay for one month only, and with one-half of the pay for fifteen days more. Leaves granted for other reasons shall be without pay. 5. A memorandum shall be made in the record of service and in the personal record of each employee of each leave he takes. 6. An employee obtaining leave every year for three consecutive years, can not obtain another during the next three years. 7. Not more than one-fifth of the personnel of the same office or of the same public service can make use of leaves at the same time. Chiefs of the dependencies, under their own liability, shall not allow any employee to make use of his leave if the full number of employees allowed are on leave and the employee in question would cause that number to be exceeded. 8. A leave granted to an employee shall be void if said employee is transferred to another office before he makes use of the same, and it shall be necessary to obtain a new order granting a leave to said officer before he can make use of it in his new employment. 156 ART. 52. Colonial authorities granting leaves to public officers appointed by the department shall make a report to the department on all such leaves, in order that they may be included in the proper personal records. ART. 53. The period of residence referred to in rules 1 and 2 of article 49 for obtaining leaves shall not be considered as interrupted by the granting of leaves for which said period is fixed, or by a voyage and residence in the Peninsula to which the officers are compelled who, by the decision of the Government, are transferred from the Philippines to Cuba and Puerto Rico, and vice versa, or from African possessions to any other colonial provinces. ART. 54. It is absolutely forbidden to authorize a residence of colonial officers after the period of leave allowed by the regulations has elapsed. The officers transferred from one province to another, according to the statements of the preceding article, may remain in Europe during one month, with a privilege to draw the salary of their new office from the date of their embarkation in the province of their former office, provided they take possession of their new employment. If this time has elapsed and said officers should not continue their voyage, it shall be construed that they resign their new office, except when they have been authorized by the Government to remain thirty days more on account of sickness, duly proven by proper documents, in which case said officers shall draw their personal salary during the period extended by the authorization. ART. 55. If officers to whom leaves are granted make a direct voyage to the Peninsula, or any other point of Europe, Asia, or America, the commencement of their leave shall be computed from the day of their landing, which shall be certified to by the captain of the port of landing, or by a.Spanish consul, respectively, according as to whether the place of destination is in the Peninsula or outside of it. If the voyage is not direct, the time of the leave shall be counted from the date of embarkation in the colonial province from which the officer in question has come. ART. 56. In fulfillment of the obligations which must be complied with by an officer during the time of his leave the following rules shall be observed: 1. Employees making use of leaves must obtain certification of their return embarkation before the expiration of the time allowed in their leaves; this obligation shall be effected by means of a certificate of the captain of the port of embarkation in the Peninsula or by the Spanish consul abroad, from which they begin their voyage. The date of arrival at the place of their office shall also be certified to by the captain of the port. Duplicates of both certifications shall be issued, one addressed to the colonial department and the other to the intendente or to the director of the treasury of the province in which said officers serve. 2. Any detention or voluntary interruption of the return voyage begun for the purpose of returning to the office, after having enjoyed a leave, shall cause the loss of the employment and of the personal rights acquired. 3. Whenever, at the expiration of the time allowed for leaves, the employees making use of the same have not reembarked for the return voyage to the places of their offices, they shall be declared suspended unless they assign as a cause for such action poor health, duly proved by proper certificates, or any other duly established and legitimate cause, preventing them from returning to the colonial province from which they came. 157 If any of the two above circumstances is lacking, said officers shall be considered as included in the preceding rule. In either case said officers shall incur the penalties established in said rule from the date on which the time allowed for the leave has expired. 4. Leaves granted for Europe and between Asia and America shall become void when not made use of within two months after being communicated to the officers concerned. Leaves granted for points within the same island or for neighboring islands, either in the Antilles or in the Philippines, shall become void when not made use of within one month after being communicated to said officers. Leaves shall likewise become void, without regard to whether the employees to whom they are granted make use of them or not, if said employees obtain new offices. 5. Transportation charges shall in no case be allowed to employees on leaves, without regard to the cause or destination for which said leaves have been granted. ART. 57. Commissions for the service in the Peninsula shall be conferred only for extraordinary and urgent necessities of the State, accredited by a written communication of the superior colonial authorities if the conferring of the commission comes from said authorities, or in a royal order if it comes from the colonial department. ART. 58. Said concessions shall be conferred only for an unextendable period of four months, counting from the date of landing at a peninsular port after a direct voyage from the place at which the officer given the commission has been employed, and it may be conferred on intendentes or directors of the treasury, directors or subdirectors general of the civil administration, presiding judges of audiencias and fiscales of the same, and of local courts of administrative litigation departments, except treasurers and accountants who are intrusted with general services which extend to the whole territory, respectively, of the islands of Cuba, Puerto Rico, and the Philippines, with a right for the entire duration of the commission to the personal salary of the regular office and an extra pay amounting to one-half of that salary, together with traveling expenses both ways, duly proved by the proper vouchers. ART. 59. Officers coming to the Peninsula from the aforesaid provinces in commission for the service shall, in a note of presentation at the colonial department, certify that they made a direct voyage. If they fail to do so, they shall lose the right to traveling expenses at the expense of the Government and to the salary which is allowed them in the special services in commission, and they incur an obligation to refund to the public treasury the amount advanced to them either for transportation or as salary. In such cases they must make a return voyage to the place of their regular offices within the unextendable period of thirty days, counted from the date of their landing, during which period they shall not draw any salary. ART. 60. Extraordinary commissions for the service may also in special circumstances be conferred for places within the colonial province in which the employee intrusted with the commission fills an office. If transferred to a place outside of his regular residence, said employee shall have a right to his pay and extra pay and an additional pay amounting to one-half of his total salary for the entire duration of the commission, which shall never exceed three months. He shall also be allowed traveling expenses both ways. ART. 61. Hereafter no attachment shall be ordered of colonial officers to the colonial department or other peninsular dependency of the administration. 158 ART. 62. Any officer coming to the Peninsula in violation of the conditions established in this decree, on leave or in commission for the service, even if said leave or commission has been granted through an error or the neglect of his hierarchical superiors, shall be discharged from the service, and the order of the discharge shall have a retroactive effect to the date on which the employee in question ceased to perform the duties of his office. CHAPTER VII. TRANSPORTATION AND DATES OF EMBARKATION. ART. 63. Public officers destined to the colonial provinces, to whatever service they may belong, shall have a right to allowances for transportation both ways for themselves and their families at the expense of the State, in the form and amount fixed by the following articles. ART. 64. For the purposes of the preceding article those employees are considered as public officers who have been appointed by a royal decree or a royal order, with the exception of officers of administration of the fifth class, and whose salaries are provided for in the general budgets and are paid from the treasuries (cajas) of the colonial provinces. ART. 65. In allowing transportation expenses the following persons shall be considered as constituting the family of an employee: A legitimate wife; legitimate, acknowledged, natural, and adopted children, when not freed from paternal authority; and the widowed mother taken into the house of and maintained by the son. ART. 66. Transportation charges at the expense of the State for public officers shall be adjusted to the following scale: In the transportation lines of the Antilles1. Full transportation of the first category of the first class for chiefs of administration or their equals in category. 2. Full transportation of the third category of the first class for chiefs of bureaus or their equals. 3. Full transportation of the second category of the first class for officers of administration and their equals. In the line of the PhilippinesFull transportation of the first class until the chartered company establishes mail steamers in such categories as appear in the rates of the Antilles line. For Fernando P6 -Full transportation of the first class in the form actually established. ART. 67. The superior chiefs of administration and the right reverend archbishops and the very reverend bishops shall be given on board the ships an apartment with three berths besides the one corresponding to the regular passage, it being understood that for the apartment of three berths the chartered company of mail steamers shall be paid one-half of the price fixed in the rates for the public, according to the order of the Regent of the Realm of November 15, 1869, and for the other half there shall be paid what is stipulated in article 53 of the contract now in force. ART. 68. For the transportation of persons constituting the family of a public officer the State shall pay to the company of mail steamers as follows: Twenty-five per cent of the transportation charges of a passage equal to that of the employee for each of his children, and 50 per cent for the legitimate wife and for the mother of said officer. 159 ART. 69. For the children of an employee who are under 5 years of age no transportation charges shall be paid by him to the company. If his children are over 5 and below 10 years of age, tLe officer shall pay to the company from his own money for each child 25 per cent of the price of the official transportation of the same category as that which is given him personally. If they are over 10 years of age, he shall pay to the company in the same manner 75 per cent ot the transportation charges of a passage equal in amount to the charges paid for his own transportation. For the transportation of his wife or his mother said officer shall pay 50 per cent in the same manner as specified in the preceding paragraphs. ART. 70. The Government shall also make allowance for transportation of employees and their families transferred from one colonial province to another, or from the latter to the peninsula, in the form and to the persons specified in the preceding articles. Officers appointed to the capitals of the Mariana and the Caroline Islands, and vice versa, as well as their families, are also entitled to transportation from Manila to the same, and vice versa, at the expense of the Government in the established form. ART. 71. Expenses of transportation in the manner and form established in the foregoing articles shall be allowed only to the persons who have made a direct voyage in the mail steamers of the chartered company of the sea mail service. Those who have not made a direct voyage, or if they have made it on other lines of transportation, it shall be construed in each case that they have traveled at their own expense and that they have renounced the allowance for transportation. ART. 72. The colonial department shall publish the instructions for establishing in a definite manner the time and form in which allowance for transportation is to be made; the manner of qualifying the right to obtain the same; dates within which claims may be made and authorities to whom they should be made; nullity of that right; regulating, in addition, everything which pertains to this branch of the service of State and is related with the provisions of article 53 of the contract of the sea mail services, approved by the counsel of secretaries on November 17, 1886, ratified by the Cortes, and published June 26, 1887. ART. 73. The periods within which public officers appointed to colonial provinces must embark shall be limited to a period of fortyfive days, which can not be extended, for officers appointed to the islands of Cuba and Puerto Rico, and sixty days for those appointed to the Philippines or to the Spanish possessions of the Gulf of Guinea. These periods shall be counted from the date of appointment. The employees transferred from one colonial province to another, or from the latter to the peninsula, shall begin their voyage withi n the maximum period of sixty days, counted from the date on which the Governor-General attaches his approval to the order conferring the new office. Those coming from the Philippines or from the Spanish possessions of the Gulf of Guinea and going to Cuba or Puerto Rico, or vice versa, may remain in the peninsula during the time allowed in article 54 of this decree. ART. 74. Should any employees take time in excess of the periods allowed in the preceding article for their respective cases, they shall be declared suspended, but a new appointment may be reserved for them if opportunity presents itself. 160 CHAPTER VIII. SUBSTITUTIONS AND TEMPORARY EMPLOYMENT. ART. 75. Vacancies that may occur for any causes whatsoever in the service of the general administration of state of the colonial provinces, not calling for security, may be filled temporarily by substitution, according to the regulations. For the convenience of the service in special cases, governors general may appoint to replace the chief of a dependency an officer with sufficient qualifications, serving in the branch in which the vacancy occurs, provided that he is not of the same office. An officer has sufficient qualifications who shall be equal in category at least to a substitute appointed according to the regulations who in normal conditions would be called upon to replace the regular employee in the office in question. Offices of superior chiefs of administration may be intrusted also to civil employees occupying a position in the category of chief of administration of the first class, without regard to the office and the branch of the service to which said position corresponds; but in such cases governors-general shall limit themselves to reporting the vacancy by telegraph to the colonial department, in order that the latter may make an appointment. ART. 76. No substitute shall receive a salary other than that of his regular office. In the special case provided for in the preceding article a substitute shall draw, besides the personal salary of his office, the extra pay of the office he substitutes, or the expenses of representation if the budget provides them for said office. Governors general may also fill provisionally other vacancies which occur in the various dependencies of the State in the respective provinces and which can not be filled by substitution according to the regulations, because professional degrees or special ability are required for their filling, by granting appointment to active or suspended officers, or, in default of such, to private individuals having the necessary qualifications, when the exigencies of the service demand such action. In a similar manner positions which can not be substituted according to the regulations, because there is no other position in the same office, and positions which remain without employees after the filling of vacancies in the manner prescribed in article 75 may be filled temporarily with active or suspended officers or with private individuals, when such action is demanded by the considerations of benefit to the service. In such cases of original vacancies and in cases of vacancies arising from and produced by filling other vacancies the officers concerned shall enjoy either only the extra pay or both the pay and the extra pay fixed in the budget for the office which they fill, according to whether it is vacant temporarily or actually. ART. 78. Vacancies in offices calling for security shall be filled with officers of the active or the passive lists, who shall tender the proper security. If a position calling for security is actually vacant, the provisional appointee shall draw the pay and the extra pay of the office he discharges; and the salary shall serve as the basis of regulating his passive qualification whenever he draws said salary for more than two years, even if not consecutively, and when he previously filled as an incumbent an office of equal category and class. 161 If the vacancy is temporary, the appointee shall have a right to draw only the extra pay of the office in which he replaces a regular incumbent. ART. 79. Every temporary filling of offices of royal appointment shall be submitted for the approval of the colonial department. ART. 80. The time spent in temporary service by suspended officers shall be taken into account in their passive classification, provided that said temporary appointment has been approved by royal order. CIAPTER IX. OFFENSES OF EMPLOYEES AND THEIR PUNISIIMENT. ART. 81. Offenses against discipline committed by employees of the administrative branch of the service in the colonies shall be punished by a deduction from their salary of a sum not exceeding the pay for fifteen days. Such offenses shall be decided on and punished by the chief of the respective dependency, after an oral hearing of the employee, with a right of written appeal to the higher chief of the branch, who after due investigation shall make a decision which can not be appealed from. Five offenses against discipline shall be cause for discharge of the employee committing them. ART. 82. Serious offenses shall be punished with suspension of pay from one to three months and with discharge from the service. A serious offense may be a cause for the immediate discharge of the employee committing it. Three suspensions of salary for serious offenses shall always result, as an inevitable consequence, in a discharge, without necessity of further proceedings. Without prejudice to the powers conferred on chiefs of central offices and of dependencies, for disciplinary punishment of serious offenses, said offenses shall be decided on in cases in which such action is commended, by a jury composed of the superior chief of the branch, two chiefs of the dependency in which the employee renders his services, and two employees of the category immediately superior to that of the employee who committed the offense. If in the dependency in which the offender serves the two chiefs mentioned above are lacking they shall be selected from another dependency. ART. 83. Said jury must meet and a sentence shall be imposed upon an employee, when a public accusation is made against the latter, when said action is requested by his chiefs, when it is ordered by the governor-general, or when three judicial attachments have been decreed against the salary of that employee. The president of the jury shall state verbally to the defendant the charges that are brought against him; and the latter shall refute the charges in the same way; and after due explanations and the evidence necessary for the decision, the defendant shall retire and the jury shall deliberate and vote by ballot with black and white balls. If the explanations and evidence can not be obtained at once, the jury shall fix a day for pronouncing the sentence. Discharge from the service effected in this manner shall be final. If in the investigation thus effected there are grounds for presuming that a crime has been committed, the proceedings shall be transmitted, without loss of time, to the proper courts of justice. 3007 11 162 ART. 84. The decisions of the jury shall always contain a statement of reasons, and a report on all of them shall be given to the colonial department. If the latter is of the opinion that the decision of the jury is not of sufficient severity, said department is at liberty to order that the delinquent officer be discharged from the service. CHAPTER X. REWARDS. ART. 85. The employees of the colonial administration have a right: 1. To receive 5 per cent of the sums embezzled or taken away from the public treasury which, unknown to the administration, shall be discovered and refunded through their agency, except in the cases in which the laws in force give them a right to a greater percentage. 2. To be rewarded for their extraordinary services with honorable mention, decorations, grant of a category higher than their actual one, and pecuniary rewards granted for a time, or for life, to an amount which may reach 10 per cent of their entire personal salary. In order that the latter reward may be given, it is necessary that the service which is the object of-reward be proven by proper proceedings, that it be recommended by the superior chief of the employee, and be favorably commented upon by the council of state. CHAPTER XI. 'OBLIGATIONS OF EMPLOYEES. ART. 86. Colonial employees shall be obliged: 1. To observe irreproachable conduct in their official relations with the public and with their colleagues, and in relations of any kind with their superiors. 2. To come to the office at the assigned hours and not to leave until the chief of the dependency permits them to do so. 3. To fulfill with zeal, diligence, and eagerness all the duties intrusted to them. 4. To keep secret all matters referring to the transaction and disposal of affairs. 5. Not to practice law or act as agents for any persons on any occasion, in any place, or in any manner. CHAPTER XII. GENERAL PROVISIONS. ART. 87. Every appointment made by royal decree shall be published in full in the Gaccta de Madrid within the period of twenty days, computed from the date on which said appointment is made. The appointments made by royal order shall be published every fifteen days in full in the same Gaceta within the period of twenty days following the 15th and 30th of the month in which the appointments are made, stating the series of succession to which said appointments correspond. ART. 88. Of each four vacancies of unrestricted appointment that may occur in each one of the categories and classes included in the personnel of the secretary's office of the colonial department and its dependencies of Madrid, one must indispensably be filled with an officer who serves or has served in the islands of Cuba, Puerto Rico, the 163 Philippines, or the Spanish possessions of the Gulf of Guinea, and who, besides possessing the legal qualifications required for the office in question, has to his credit two years of service in those provinces or possessions in an office of the same or higher category and class, deductions being made for leaves granted for Europe. ART. 89. The provisions regulating passive rights and privileges established before the publication of the law of June 29, 1888, on colonial officers, as well as those conceded to the widows, orphans, and mothers of said employees, are hereby preserved in fall force. An equivalent of two monthly payments of the total salary to the representatives of colonial employees dying while filling an office, as granted by base 7 of article 23 of the budget law issued for the island of Cuba for the fiscal year of 1890-91, shall be paid at once to the widow of the employee or to his children, with the condition that this sum shall be repaid in case they shall be given a pension of any kind. This repayment shall be effected by deducting 20 per cent from the monthly payments of the pension. ART. 90. Those who belong or have belonged in the colonies to corps of militia with military organizations, volunteers of fire department, and who have to their cre(lit six years in the service of said corps, shall be considered at the proper time as possessing the abilities, and may enjoy the privileges which the Peninsular laws grant those who serve or have served ill the Army. ART. 91. Disbursing officers and comptrollers shall, under their personal liability, refuse to pay the salary to employees whose appointment and temporary service are not made in strict compliance with the provisions of this decree-law. ART. 92. All the laws, regulations, and provisions of a general character, in so far as they conflict with the provisions of this decree-law, are hereby repealed. ADDITIONAL ARTICLES. 1. The provisions of this decree-law shall be observed without prejudice to the provisions of the law of July 10, 1885, and of the regulations published for its execution, in matters relating to offices reserved for sergeants of the army. 2. The appointments of superior chiefs of administration of secretaries of General Government in the colonial provinces, and of civil governors, are not subject to the series of succession established in this decree law. TEMPOIRAlY l'ROVISIONS. 1. The active and passive employees of the colonial provinces shall be subject to the qualification to be made of their ability and conduct. 2. For this purpose a qualification commission of the colonial personnel is created, which shall be composed of one ex-secretary or ex-governor-general of the island of Cuba, Puerto Rico, or the Philippines as president, and of six members, of which three shall be of the class of intendents-general of the treasury, or directors-genleral of the administration, who shall have been regular incumbents of said offices il the said colonies, and the remaining three of unrestricted appointmlent. The youngest member of the latter shall perform the duties of secretary. 3. The commission itself, in performing the duties that are intrusted to it, shall adopt such measures as are expedient for the best fulfillment of its work. All the dependencies and offices of the administrative service, both active and passive, shall be obliged to render their assistance to the commission. 164 Its decisions, whether excluding from or including in the graded lists any employees, shall be final, and, consequently, can not be appealed from. The commission shall not cease to perform its duties until the general graded lists are published after the qualification of employees shall have been completed. 4. The active or suspended colonial employees shall present to the commission their records of service through the chiefs of the dependencies in which they serve or served last. The chiefs shall report in said leaves of service as fully as possible, and in a confidential manner, all matters known about the record and conduct of each employee, for which purpose said chiefs shall take pains to collect, if possible, the necessary data. 5. As fast as the service records are presented they shall be examined by the commission, and the latter shall take pains, whenever it thinks such action necessary, to amplify the data and memoranda facilitating a strict examination of the personal history of each employee. 6. After the personnel has been qualified, the employees with good qualifications shall be arranged in the final graded lists of active and suspended officers in the order of seniority of each category and class. When other conditions are equal, priority shall be given to the employee who has served the longest time in the service of the State, and in case of equality even in this respect, priority shall be given to the employee of greater age. 7. Employees who do not present their records of service within the time fixed by the commission, and those who, after presenting said records, are not favorably qualified, shall not be included in the graded lists, being at once excluded from them, and shall not have a right to serve in the colonial provinces. 8. Until the provisional graded lists treated of in article 38 are published the vacancies that may occur shall be filled by the third, fourth, and fifth series of succession with active or suspended employees possessing the qualifications required by this law, without observance of the preference by right of seniority. Given at San Sebastian, on October 13, 1890. MARfA CRISTINA. ANTONIO MARIA FABIE, Secretary of the Colonies. Royal decree of October 31, 1890, containing the regulations for competitive examinations for entering the judicial and public prosecution services. In view of the reasons stated to me by the secretary of the colonies I decree the following: ART. 1. Entrance into the judicial and the public prosecution services of the colonial provinces shall be effected through the offices of judges of the promotion category, secretaries, vice secretaries of criminal audiencias, secretaries of courts of examination, promotores fiscales of the promotion and the entrance categories, and shall be granted after a competitive examination. ART. 2. The competitive examinations for filling the positions mentioned in the preceding article shall be called when demanded by the exigencies of the service, and only fbr the vacancies existing at the time, for both the judicial and the public prosecution services conjointly. 165 If the number of vacancies does not reach fifty, the examination shall be called for at least that number. ART. 3. The competitive examinations shall be held for each call in the peninsula, Cuba, Puerto Rico, and the Philippines. ART. 4. A call for competitive examinations shall be made by the colonial secretary by communicating the proper orders to the general direction of grace and justice of the department and to the respective governors-general of the colonial possessions, and shall be published in the official gacetas. ART. 5. In filling each fifty vacancies thirty appointments shall be given to peninsular competitors, ten to those of Cuba, five to those of Puerto Rico, and five to those of the Philippines, all the remaining vacancies being distributed in the same manner and proportion. ART. 6. The periods assigned for presenting petitions for admission to examinations shall be forty-five days for those to be held in the peninsula, anl thirty days for those to be held in the Antilles or in the Phillippines, computed from the day following the publication of the call in the respective official gacetas. ART. 7. In order to be admitted to a competitive examination, a candidate must be a Spaniard, a layman, a licentiate at law from a university subsidized by the State, and must be at least 23 years of age before the day on which the examination exercises begin. There can not be admitted to the examination: First. Those physically or mentally unsound. Second. Those prosecuted for any crime. Third. Those condemned to any correctional or corporeal punishment. Fourth. Those who have suffered or undergone a penalty which lowers them in the public esteem. Fifth. Those who have been discharged provisionally from a criminal prosecution, when they are considered innocent through the lapse of time. Sixth. Bankrupts who have not been discharged. Seventh. Insolvent debtors until they are declared freed from debts. Eighth. Debtors to public funds, as taxpayers. Ninth. Those who have committed acts and omissions which, though not penal, lower them in the public esteem. ART. 8. Persons desiring to enter the judicial or the public prosecution services shall accredit to the direction of grace and justice, or to the respective governors general, as the case may be, according as to whether the examinations are to be held in the Peninsula or in the colonies, the qualifications stated in the first part of the preceding article. Proceedings shall be instituted for each candidate. The lists of the persons admitted to an examination shall be published in the respective official Gacetas. ART. 9. The examiners' board for examinations held in the Peninsula shall be composed of the following persons: The presiding judge of the supreme court, who shall be the president of the board. The fiscal of the supreme court. Two associate justices of the same court, or of the audiencia of Madrid, appointed by the secretary of the colonies. The dean of the bar of Madrid. A lawyer appointed by the secretary of the colonies from among those who pay as such, one of the first three quotas of the industrial subsidy. 166 A professor of law at the Central University, appointed by the secretary of the colonies. And one lawyer as secretary, with the right of vote, appointed by the secretary of the colonies. ART. 10. The examiners' board for examinations to be held in Cuba, Puerto Rico, or the Philippines shall be composed of: The presiding judge of the audiencia of IHabana, Puerto Rico, or Manila, who shall be the president of the respective board. The fiscal of the corresponding audiencia. One associate justice of an audiencia, appointed by the respective governor-general. One professor of a university, or an institute, who is a lawyer, appointed by the governor-general. One councilor of administration, lawyer, or one associate justice of the court of administrative litigation, appointed by the governor-general. One lawyer appointed by the said governor-general. One lawyer, as secretary, with a right of vote, appointed by the governor-general. ART. 11. The members of the examining board other than ex-officio, shall cease to be such when new examinations are held, unless they are reelected. ART. 12. In cases when the presiding judge or the fiscal of the supreme court, the presiding judge or the fiscal of the audiencia in question, or the dean of the bar can not attend the examiners' board on account of incompatibility or any other cause, they shall be substituted as follows: The )residing judge of the supreme court or of the audiencia, by the presiding judge of chamber of the respective court, appointed by the department or by the governor-general, in a proper case. The fiscal of the supreme court, or of the audiencia by the teniente fiscal of the same court, and, in his default, by one of the abogados fiscales designated by the department or by the respective governorgeneral. The dean of the bar by a member of its administrative board, appointed in the same manner. ART. 13. The list of the competitors admitted to examinations shall be transmitted to the proper court with the proceedings that have taken place. ART. 14. The appointment of the board judging examinations shall be announced in the official papers on the same day on which the call for the examination is published. The court shall publish a programme of the examinations within twenty days following said publication. The programme shall also be inserted in the proper official Gaceta, and shall include at loast 100 questions on each course of lectures in the civil, commercial, and penal laws and the civil and the criminal procedures; 25 questions on each of the courses in the political, administrative, canonical and ecclesiastical disciplinary laws, and 15 questions each on the mortgage, notarial, and civil registry laws. ART. 15. Before the examinations have begun, the competitors shall be numbered by publicly drawing lots. The person who does not present himself when called for the examination in the order of numbers obtained in drawing lots shall be called the second time after the last one on the list, and if he does not present himself the second time he shall lose his right to take part in the examinations. 167 ART. 16. The examinations shall be public. The first exercise shall be oral and the second written. ART. 17. The first exercise shall consist in answering, without previous preparation, fifteen questions drawn by lot in the following proportion: Two questions in the civil law, two in the penal law, two in the commercial law, two in the civil and criminal procedures, and one for each of the remaining subjects mentioned in article 14. The time for answering these questions can not exceed one hour and a half. ART. 18. The second examination shall consist of a compilation of a sentence, resolution, or accusation, in a civil or a criminal matter, as designated by drawing lots. In order to prepare this work the presidents of the boards shall request of the presiding judges of the respective audiencias a number of proceedings equal to double the number of competitors. These proceedings, properly modified so as to conceal the part of the work of which the examination shall consist, shall be preserved by the president of the board with the utmost secrecy. To draft a resolution, accusation, or sentence, of which the exercise shall consist, the competitors shall be separated in rooms designated for the purpose, shall have at their disposal four hours of preparation, and shall be given the legal texts which they may request. After the four hours have elapsed the competitors must deliver their work in folded sheets in a sealed and signed envelope. When the board convenes each competitor shall open his envelope, read his work, and, after reading the same, shall leave it at the disposal of the president. ART. 19. At the end of the exercises of each day the board shall immediately, in a secret vote, qualify the work of competitors by using one of the following marks:,'Approved" or "Suspended," and shall post the result of this qualification on the door of the room in which the exercises are held. After the completion of all of the exercises the court, in a secret vote, shall qualify the competitors in the numerical order based on their relative merit, and shall submit its recommendation to the secretary of the colonies. Under no consideration can the number of places announced in a call for an examination be increased. The courts shall abstain from including in their recommendations a number of competitors larger than the number of places for which the examination has been held. ART. 20. After an examination has ended, the lists and proceedings of each competitor shall be sent to the secretary of the colonies, who shall make appointments from among the approved competitors with the observance of the numerical order in which they are arranged by the board of examiners, and in conformity with the provisions of the articles that follow. ART. 21. When recommendations of competitors have been received at the department, a graded list of the candidates shall be arranged and published in the official gacetas, subject to the following rules: The graded list shall begin with the names of the competitors from the Peninsula who occupy the first three numbers on the list; these shall be followed by the names of the candidates who obtained the first number in Cuba, Puerto Rico, and the Philippines, successively, and the same order and proportion shall be observed in the remaining part of the list until the end of the recommendation. ART. 22. Inferior courts of the entrance category and other positions of the same category which are vacant at the present time, or which 168 may hereafter become vacant, shall be filled in conformity with the following series of succession: For the first vacancy appointment shall be made of the candidate who has the lowest number in the graded list of his class. For the second vacancy appointment shall be made of the promotor of the entrance category of the greatest seniority who has one year to his credit in that category. For the third vacancy appointment shall be made of a suspended officer of the same category who has solicited appointment. In default of promotores and suspended officers, appointment shall be made of the competitor whose number corresponds to the appointment. ART. 23. Offices of promotores of the entrance category which are now vacant or may become vacant hereafter shall be filled in accordance with the following series of succession: For the first and second vacancy appointment shall be made of X competitor whose number corresponds to said appointment. For the third vacancy appointment shall be made of a suspended officer who has solicited appointment or of a competitor whose number corresponds to said appointment. ART. 24. Offices of judges of the entrance category and their equals, and offices of promotores of the entrance category which are vacant at the time of the publication of this decree law, or which may hereafter become vacant, shall be distributed in the following manner: The former shall be awarded to the competitors occupying the first numbers in the graded list, according to strict order, and in conformity with the provisions of article 19; and the latter shall be awarded to the remaining competitors in the same form and in conformity with the provisions of the preceding article. ART. 25. Competitors appointed to the Antilles or to the Philippines may accept or refuse the office conferred on them until there occur vacancies of the category in that of the two territories mentioned above which they may prefer. Those offered appointment as promotores of the entrance category may also either accept or refuse the appointment until there occurs a vacancy of the rank of judge of the entrance category, for which vacancy, as in the preceding case, preference shall be given to the competitor who holds a lower number on the graded list. The privileges given in this article shall be limited to the date of filling of the last position accepted by the appointees voluntarily; and it shall be construed that the candidate who renounces the service, after being appointed the second time in the proper order, does not accept the office for which he has been designated. ART. 26. The royal decrees of October 26, 1888, and of March 15, 1889, and the royal order of August 8, of the same year, are hereby repealed in so far as they refer to entrance into the judicial and the public prosecution service. Given at the Palace October 31, 1890. MARfA CRISTIANA. ANTONIO MARIA FABII, Secretary of the Colonies. 169 A7lphabetical list of the inferior courts of Cuba, Puerto Rico, and the Philippines, with a statement of their category and audiencia to which each of them belongs. Inferior court. Category. Audiencia to which it be longs. Abra..................................... Entrance............... Manila. Aguadilla...-.....0.............................do...................... ayagiiez. A lbay................................. Final....................... M anila. Alfonso XII.-............................. Entrance................ Matanzas. A ntique.......................................do....................... Cebi. Arecibo.....-....................... Promotion.................. Mayagiiez. A udiencia of IHabana (first instance).... Associate justice of the ter- Hiabana. ritorial audiencia. Baracoa.....-........................ Entrance..-............... Santiago de Cuba. Barotac Viejo...-(10-..................do..................... Cebfi. Bataarn..-...-....... — -—..-... —... ---. Final....................... Manila. Batanes Islands.-.. ---. —........ --- —-.. Entrance -.. —.......-..-.. Do. atangas....-............................. Final..-.............-..... DIo. Baya mo.. -............-... —........ -... —..- Entrance........ ---..... Santiago de Cuba. Bejucal -.........o.............................do --—.....-........ —... Ilabana. Binondo de M anila-..-.-.. ----............. Final ----.. —......-.-. --- —. Manila. Bohol..-.. -..................... Entrance.. —...........-.. Cebiu. Bulacau.................................. Final. ---.. —..-. --- —...-. Manila. Cagaya n................................ - Entrance................... Do. Calamianes..-........................do.. ----................ Ccebi. Camarines Norte.-. —. —P....-... —..-.. I'romotion —.. ---....... - Manila. Camarines Sur................................. o.................... i Do. C piz..-................................... Entrance................... Cebfi. Ctrdenas -.. —.....-... —..... —... ----.... Promotion.................; Matanzas. Cavite —...E........................... Entrance -...M.. -—. - Manila. Cayey.-(.. ----..-....- -.... -.. —....do...................... San J nan de Puerto Rico. Cebi-....................................Promotion -....-. ---........ Cebfi. Central, of lHabana (examination).-..... Associate justice of the ter- Habana. ritorial audiencia Central, of Habana (first instance)............ (io.. —... —.... ---..... Do. Cienfuegos -.......... --- —----—.-. --- Promotion...-.............. Santa Clara. Coamo.-E.............................. Entrance -.. ---.. —..-... Ponce. Col6n....-........... —..... —.... ---..... do ------ ---- - Matanzas. East of Habana (examination)........... Associate jiustice of the ter- Habana. ritorial autlienicia. East of Habana (first instance).-... —....-....do...................... Do. (iuanabacoa-...............r....... ac-......... Do. Enitrance................. D o. (;uanajay......................................dto...................... Pinar del Rio. Guane.................o.......-...........do.-...................I Do. G(uanttinamo.............................. o..Santiago e C.uba. Guayama.......................-........... do.................., Ponce. Giiines.......................do..................do...I Habana. Iabana. (See Aidiencia, Central, Etst, and West of same.) Holguin........................................do................ Santiago de Cuba. Huminacan-ioo........................... ---_do...................... San Juan de Puerto Rico Ilo l-o -.......................... 'roimotion i-.............-.- Cebfi. Ilocos Norte.............................. Final...................... M anila. Ilocos Sur... ---.................................do..-.. —.. —.....-... Do. Intramuros, of Manila..-....................do...................... Do. Isabela (La).............................. Entrance................... Do. Island of Negros.-............................do...................... Cebu. Islands, Batalles...................... o..........do.-......:......... Manila. Islands, Ladrones (Marianas) -—..........i....do...........I). Do. Jaruco....................................-.....do ------- - Habana. Ladrones Islands..............................do..-..a............ Manila. Lagiuna -................................ Final... —..- ---.........-.... Do. La Isabela................................ Entrance................... Do. Levte.............................do...................... Cebl. Manila. (See Binondo, Intramntros, Quiapo, and Tondo de Manila.) M aint-anillo.....-i....o..-.....................do...................... Santiago de Cuba. ilarianao......................................do...................... H abana. lMarlanaa Islands -.-..................do...................... Manila. Matanzas. (See TNorth of Matanzas, and i Southll of MIatanzas.) M ayagiiez................................I Promotion.................. Mayagiiez. M indoro...................................;.... o -- -- - - M anila. M isamis.................................. Entrance................... Cebi. Mor6n....................................-.....do...................... Puerto Principe. Negros Island............................ -.....do...................... Cebi. Negros Island..-........................ do...................... Do. North of Matanzas....................... Promotion.................. Matanzas. North of Santiago de Cuba............... Final....................... Santiago de Cuba. Nueva Ecija...-........................... Pro otion.................. Manila. Nuera Vizcava.....a................... Entrance........-....... Do. Oeste. (See West.) Pampanga.-.i..a................................. Final Do. Pangasinam...................................do...................... I)o. Pinar ldel u............................. I'roiotion................. P'inar del Rio. 3007 -12 170 Alphabetical list of the inferior courts of Cuba, Puerto Ricoand the Philippines, with a statement of their category and audie~ncia to which each of them belongs-Continued. Inferior court. (ategory. Audiencia t^ hich it bePolice -- -......-.-....-................... Final....................... Ponlce. Puerto Principe..d.............................do -........... e..l'uerto Princip.. Puerto Rico. (See San Juan de Puerto Rico.) Quiapo, de Manila................M............................. Manila. Sagun Ia aGrande ---—..-..-.-......... —.. Entrance................... Santa Clara. Samas.......C.... -..-........o............Cebt. San Antonio de los lBaFos............. o............................ Habana. San Crist6bal... —...-.......... d.................-..-.. Pinar del Rio. San Gernni. —... ---..-.. --- —-.. ---...-...-,....d.................. Mayagiiez. San Ju Ln de Puerto Rico (examination) i.. i nl-.................. San Juan doe I'Purto Iico. San Juan de Puerto Rico (tirst instance) -......do.................. Do. San Juan de los Ilemedios................. Entrance..-....... —..-.... Santa Clara. Sancti Spiritus............................... o...........-.... Do. Santa Clara -........................... Promr otion.................. I Do. Santiago de Cuba. (See North and South of stame.) South of Matanzas,.o.................o...................... Matanzacs. South of Santiago (de Cuba-. inl......................-.. Santiago de Cuba. Surigao —. --- —..........-..... i....... t..-...... ----- Cebi. Tarlac..... — -......-*-.... ---... ---.-. -1{-............ - --...... —. M antila. Tayabas....... —.. ----....... —.....-..-. Iromotion-...-.... -........ Toiido. de Manila........................ Fiinal...-.-.......- -.. )o. Trinidlad.... ---... — - -..... - -.. --- —------- trance.......- --... —. Santa Clara. Union-.....-.............. Promotion...........-...... Mainila. Vega BajaL. - Entrance -....... - San Juan de Puerto I'ico. West of Hablana (examinlation)..........! ssociate justice of terri- Habana. torial audiencia. West of Habana (first instance).............. do...................i Do. Zambales...................-..... Promotion....-............ Manila. Zamboanga.............................. Entrance.....-............ Cei'u. SUMMARY. Category of associate justice of a territorial audiencia.................-.................. 7 Final category..-....................................................... --- —----------------- 19 Promotion category.. —.................-.......................... --- —------—............... 17 Entrance category.........-........ ---..-..... ---. ---.....-........... --- —..- -. 47 Total of colurt -.... —......-.....-........ ----------------- ----------....... 90 -t i?-. - r -/'t'i. -?.**'-^ j,..,? V, "i'~ "-~ ii" ". * II.. iu-: *:C r~ ~'~~;;-~I `~:~ X rr 1~ rg;;X - ir*e r:~ ~, ~~,~~ b: I. 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