The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

Official reporters

172-202. [These sections give directions with regard to the duties and emoluments of the reporters [relatores], as minute and precise as those for the clerks, with similar penalties.  The following sections may be specially noticed:]

176. [Relators are not to ask for cases, but to await the assignment of the bailiffs [porteros].]

179. [Relators are not to buy or sell cases from one another, on pain of dismissal from office.]

189. [The words of witnesses in criminal cases are not to be reported at the public statement of the case, for they are to be seen by the auditors alone, without being entrusted to anyone else.  Penalty:  thirty pesos to the exchequer.]

192. [Relators and other officers are to live near the Audiencia.]

195. [No gifts may be accepted.  Penalty:  double the amount to the exchequer, condemnation as forsworn, and loss of office.]

Assigners of cases

203. [Fees of the official who distributes the cases [repartidor] among the clerks are to be two tomines for each case, [51] except from poor suitors and others exempt.]

Taxing of fees and costs

204. [Records of cases transferred to the council of the Yndias are to have their fees taxed by a special officer.]

205. [In case of complaint against the taxation, the auditor for the week shall decide.]

Advocates

206-214. [These sections give minute directions as to procedure, fixing the time and manner in which documents are to be presented, filed, and demanded, regulating the manner of taxing advocates’ fees, and enumerating certain duties of advocates in the conduct of their cases.]

215.  Counsel shall swear that they will not give their assistance in unjust causes, or counsel the parties to injustice; and that as soon as they discover that their client is not suing for justice they will abandon the case.  If it shall happen that through the negligence or ignorance of the counsel, deducible from the record, the party whom he assists shall lose his right, we command that the said counsel be held to pay his client the damages resulting, together with the costs; and the judge before whom the case shall be pending shall oblige him to pay without delay.

216. [Counsel shall not dare to abandon a case once undertaken, except because of injustice.  Penalty:  loss of fees and damages to the client.]

217. [Counsel is not to repeat allegations in documents; documents are to be signed by known counsel; two pleas only are to be accepted.]

218.  No counsel shall dare to make a bargain with his client for a part of the property to which he lays claim; [52] and, if he shall do so, he shall have no authority to act in the said office for him or for any other.

219. [Advocates are to be examined and approved by the president and auditors, and entered on the list of advocates; no one without a degree may appear in a court, except the party in his own behalf.  Penalties graduated.]

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The Philippine Islands, 1493-1803 — Volume 5 of 55 from Project Gutenberg. Public domain.