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.

220. [Advocates must use care and diligence in behalf of their clients, and conduct their cases honorably.  Penalty:  suspension, in the judgment of the court.]

221. Item: We ordain and command that the advocate or advocates shall, in cases of first instance and on appeal, pay the parties double the damage resulting from their malice, fault, negligence, or want of skill; and that justice be done promptly in this matter.

222. [Advocates must agree as to their fees before examining the documents of the parties.]

223. [Advocates who have pleaded on one side of a case may not plead later on the other side of the same case.]

224. Item: We command that the said advocates shall be obliged, at the beginning of the suit, to obtain from the party a complete report in writing of everything pertaining to his right—­so that, when it shall be necessary to call for an account, if they have not, through the client’s fault, done for him what they should, they may be able to prove the same, in order to take advantage thereof.  This report they shall take, signed by the party in interest, or, if he cannot read, the person to whom the party shall entrust the duty.

225. [Advocates must not betray secrets, or advise both parties, and must swear to obey the laws—­on pain of fines, and of being removed from the office of advocate.]

226. [Advocates are to take precedence in order of the seniority of their admission.  Penalty:  suspension for one year.]

227. [Irrelevant questions are forbidden.  Penalty:  ten pesos to court-room.]

228.  They shall sign the powers of attorney of their clients; and shall not frame their interrogatories in the second instance of a case exactly as on the first hearing, or exactly opposite, under a penalty of six pesos to the court-room; and therewith shall cease the examination of the said powers and interrogatories required from our auditors, in conformity with the new laws and ordinances made by us.

229. [Bachelors may not plead or sit with the doctors and licentiates.  Penalty:  forty pesos to the court-room.]

230. [Clerks of advocates are not to charge clients fees.  Penalty:  double the fee, to the exchequer.]

Attorneys

231. [Attorneys must be examined and licensed by the court.]

232. [Attorneys and counselors must not agree to prosecute cases at their own expense.  Penalty, fifty thousand maravedis.]

233. [The number of attorneys is to be fixed and usual.]

234. [Attorneys must enter no pleadings except for default, conclusion of preliminary process, and the like; and must sign their papers.]

235. [Attorneys must not retain money sent to pay fees and court costs, and must transmit documents to counsel within three days.]

236-241. [These articles deal with the conduct of attorneys in court, and the procedure necessary to institute actions.]

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