ART. 321. The secretary of administration shall report on the matters brought before a court in banc; he shall be present during their argument and vote; he shall draw up the minutes of the proceedings, mentioning all resolutions and referring to the papers of the proceedings in which they are inserted; he shall make on the margin a note of the names of the persons who were present at the session; he shall keep the book of minutes and shall give the proper certifications in a proper case.

ART. 322. The presiding judge of his own accord, or at the instigation of the 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 magistracy. 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 " of minutes, and 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 char

acter.

Another, called the "private book " of minutes, in which shall be entered all resolutions of a confidential character. This book shall be in the 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 in which the corresponding resolution is entered.

TITLE XI-CHAMBERS OF ADMINISTRATION OF AUDIENCIAS FOR ADMINISTRATIVE AFFAIRS.

ART. 324. It shall be the duty of chambers of administration of audiencies:

1. To supervise the administration of justice in their respective district, making use of the powers conferred on them by this decree-law and other special laws.

2. To transact business which is intrusted to them, 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 them by the Government, relating to the administration of justice, to the organization and administration of courts, and to the administrative and economical affairs of the same.

4. To draft the reports which, with relation to the subjects referred to in the preceding paragraph, are requested by their presiding judge. 5. To submit to the Government such recommendations which it may consider, convenient or necessary with relation to the affairs referred to in the two preceding numbers.

6. To recommend to the Government the discharge of employees of the court who are of Royal appointment, and to decree their 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 the distribution of business among chambers of the court to which they belong, considering said

questions as matters of internal administration and not of competency, and for this reason giving them only an administrative character and not a judicial character.

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, and if these do not suffice, to make to the Government such recommendations as are thought to be most effective.

9. To exercise disciplinary jurisdiction in the cases mentioned in this decree-law.

10. To resolve into chambers of justice, in cases in which such action is ordered by this decree-law, or by other legal provisions. 11. To perform the other duties conferred upon them by this decreelaw or other special provisions.

ART. 325. Chambers of administration shall convene at least once a week on the day assigned 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 when there is no business pending.

ART. 326. Chambers of administration 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 detained 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 banc. ART. 328. The resolutions of chambers of administration shall always state reasons.

When they conform with the opinion written by the fiscal and with the grounds 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 perform part thereof and 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.

TITLE XII.-MANNER OF CONSTITUTING INFERIOR COURTS AND CHAMBERS OF JUSTICE OF SUPERIOR COURTS.

FIRST AND LAST CHAPTER.

ART. 331. Superior and inferior courts shall hold public sessions on all days that are not holidays in the building designated for the purpose and during the time stated below:

Municipal judges or justices of the peace for the time necessary for the transaction of the business of the day. From this provision there shall be excepted those judges who perform their functions in towns with less than 500 inhabitants, who may assign only two days 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. Audiencias 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 chambers of inferior or superior courts shall state the hour of opening.

ART. 333. No judge or associate justice shall fail to attend the audiencia without just cause.

ART. 334. Whenever a municipal judge or justice of the peace can not attend court, he shall notify his substitute sufficiently in advance in order that the court may be opened and the transaction of judicial business not suffer any delay.

If his failure to attend court exceeds five days, he shall inform the proper audiencia thereof.

ART. 355. Judges of the first instance or examination shall notify municipal judges or justices of the peace of the town in which they reside, in order that the latter may substitute them:

1. Whenever for any reason whatsoever they can not attend court. 2. Whenever they are obliged to leave the town of their residence in order to institute preliminary proceedings or other judicial actions. 3. When on account of a justifiable impediment they can not perform some judicial actions in the seat of the subdistrict.

ART. 336. When judges of first instance or examination can not hold public sessions for more than five days, they shall inform the proper audiencia thereof.

ART. 337. Associate justices who can not attend court for justifiable causes, shall inform the proper presiding judges thereof with sufficient notice, in order that the latter may, in a proper case, notify the persons who are to substitute them.

ART. 338. There shall be kept in audiencias a book of attendance, in which the secretary of administration shall make on each day of court sessions a note by chambers of the names of the associated justices who attended court, of those who are exempt from attending, and of those who have been excused, with a statment of the cause. The presiding judge of the court or the officer replacing him shall countersign these memoranda every day.

ART. 339. Three associate justices shall be sufficient to constitute a chamber in all cases in which the law does not require a fixed number of associate justices.

ART. 340. Associate justices of audiencias and presiding judges of chambers shall alternate among themselves, passing from one to the other whenever the service requires it. Every two years the colonial department, hearing the chambers of administration, may modify the distribution of associate justices in chambers.

ART. 341. Without prejudice to the provision of the preceding article, the secretary for the colonies may, on the recommendation of the respective chamber of administration, transfer associate justices of audiencias from one audiencia to another, provided that such action is suggested by the convenience of the service.

ART. 342. Whenever there is lacking in a chamber the number of associate justices necessary to constitute the same for hearing ac

tions and causes, and that number must be completed with the superfluous ones of other chambers or with substitutes, in accordance with the provisions of this decree-law, the ordinary transaction of business or the hearings shall be suspended until the necessary number has been obtained.

ART. 343. The appointments of the persons assigned to attend a chamber other than that to which they belong, shall be immediately communicated to the persons designated, who shall excuse themselves, if, in the opinion of the presiding judge, there is a justifiable cause therefor.

When the presiding judge thinks that the reasons for non-attendance are sufficient, he shall appoint another associate justice, with respect to whom the provisions of the preceding article shall be observed.

ART. 344. When the officers designated do not excuse themselves from attendance in civil matters, the solicitors of the parties shall be informed of their names, and the hearing shall be begun immediately, unless a challenge is made at once, even if verbal. In the latter case, after the challenge has been formulated in writing within the third day, the interlocutory issue of challenge shall be decided in the established form.

ART. 345. When no challenge having been made at once, and the hearing is proceeded with in accordance with the provisions of the preceding article, the discussion of the decision shall be suspended for three days. Substitute associate justices may be challenged within this time; after this period has elapsed, and no use of this privilege having been made, requests of challenge shall no longer be admitted, and the period assigned in which to render a decision shall be considered as begun.

ART. 346. If a challenge has been formulated and admitted as proper, the hearing shall remain without effect and shall take place again with associate justices of the chamber, or if it is not possible, the proceedings, prescribed in articles 342, 343, 344, and in this article shall be again observed.

When a challenge is declared not well taken, a decision shall be pronounced by the associate justices who shall have attended the hearing, within the legal period, which shall begin on the day following the one on which a decision on the challenge is rendered.

ART. 347. In criminal causes, when the associate justices detailed to make up the required number do not form part of the regular personnel of the criminal chamber, their detail shall be communicated to the parties at least twenty-four hours before beginning the public trial. Challenges made after this time shall not be admitted.

Challenges made within the proper period shall be acted upon in the form prescribed.

TITLE XIII.-COURT SESSIONS AND POLICE OF INFERIOR AND SUPERIOR

COURTS.

FIRST AND LAST CHAPTER.

ART. 348. Ordinary transaction of business and hearing of actions. and causes shall take place in public.

ART. 349. Superior courts may, notwithstanding the provisions of the preceding article, order that the transaction of business and the hearing of actions and causes be made behind closed doors, in all cases

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in which such action is required by considerations of morality and decorum, at the request of one of the parties interested, at the instigation of the department of public prosecution, or of its own accord, before or during the hearing.

In the latter case the court shall order what is proper, after giving a brief hearing to the parties. There shall be no appeal from the decision.

ART. 350. Secretaries shall report the ordinary business in the order in which the petitions were presented in their respective offices.

ART. 351. Hearings of civil matters and of criminal causes shall be designated in the order of their conclusion.

From this provision shall be excepted questions of provisional maintenance, of competency, possessory injunctions, injunctions of new and injurious works, attachments, denial of judgment or proof, causes for crimes for which the law fixes a penalty greater than that of "presidio mayor," and other matters which by explicit prescriptions of other laws are given preference, which being concluded, shall be placed before the others for which a date has not yet been assigned.

ART. 352. Actions and causes shall be heard on the day assigned. If, at the conclusion of the hours of a court session, the hearing of any proceeding, action, or cause has not been concluded, it may be suspended to be continued on the following day or days, except when the presiding judge prolongs the session.

ART. 353. The hearing of civil matters may be suspended on the assigned day in the following cases only:

1. When it is prevented because of an action or a cause continued from the preceding day.

2. When for unforeseen reasons the number of associate justices required for a decision is lacking.

3. When it is requested by any of the parties, basing the request on the fact that their counsel has been prevented from appearing at the hearing, for a legitimate cause, in the opinion of the court.

ART. 354. Hearings of criminal causes may be suspended in the following cases only:

1. For any of the causes stated in No. 1 of the preceding article. 2. When, in criminal causes, an important witness is absent, or any steps to obtain proofs are wanting, on which, in the opinion of the court, its decision depends.

3. When the department of public prosecution, the defendant, or his counsel, or that of the accuser, in causes which can not be prosecuted officially, have been prevented from attending the hearing by legitimate causes.

ART. 355. When, without just cause, a lawyer who has been assigned by the court for the defense fails to attend, he shall be punished in a disciplinary manner.

ART. 356. A hearing which has been suspended shall be reassigned for the earliest date when the cause for suspension has disappeared, without prejudice in so far as possible to the order adopted for the hearing of other actions and causes.

The excess of costs occasioned by the suspension, for an unjustifiable failure to attend, of a litigant, the defendant, his counsel, the counsel of the accuser, in causes which can not be prosecuted officially, or of any important witness, shall always be charged to the person who has caused the same.