ART. 462. The disciplinary penalties that shall be imposed on officers of the department of public prosecution shall be the ones fixed in article 368 for judges and associate justices.

ART. 463. The disciplinary penalties may be imposed after examining the officers concerned

By the fiscal of the supreme court on all officers of the department of public prosecution.

By fiscales of audiencias on the officers serving under their immediate orders and on those of municipal courts or courts of justices of the peace and courts of first instance and examination.

ART. 464. From the disciplinary penalties imposed by fiscales of audiencias an appeal lies to the fiscal of the supreme court.

From the penalties imposed by the fiscal of the supreme court, either directly or by confirming, modifying, or revoking the penalties imposed by fiscales of audiencias, an appeal lies only to the colonial department.

ART. 465. There shall be no further appeal from the decisions of the colonial department.

TITLE XVII.-ATTORNEYS AND SOLICITORS.

CHAPTER I.-Provisions common to attorneys and solicitors.

ART. 466. In towns which have territorial audiencias there shall be an association of attorneys (colegio de abogados) and an association of solicitors (colegio de procuradores), the principal object of which shall be the equal distribution of duties among those practicing in the courts of the locality, the good order of the respective corporations, and the decorum, fellowship, and discipline of the

members.

ART. 467. Associations of attorneys and solicitors may also be established:

In the capitals of provinces where there is no territorial audiencia. In towns in which there are 20 practicing solicitors or attorneys. ART. 468. For eligibility to membership of the association of attorneys, those shall be considered as residents who, without staying in the town, reside and practice their profession within a radius of two leagues, provided that said attorneys agree to share with other members in due proportion the duties imposed upon them."

This rule does not include solicitors who must necessarily reside where the association is situated.

ART. 469. The membership of these associations shall be unlimited, and all candidates requesting admission shall be admitted, provided they prove that they possess the legal capacity prescribed by this decree-law for practicing the respective profession.

ART. 470. The by-laws of the associations of solicitors and attornevs shall establish their organization and management, the conditions of admission, the relations of members with the association and with courts, the obligations of the former, and the disciplinary penalties which may be incurred in matters not appertaining to the disciplinary jurisdiction of inferior and superior courts.

See G. O. No. 69, Hdqr. Dept. P. R., May 24, 1899.

ART. 471. No person can practice the profession of attorney and that of solicitor at the same time.

The person who, after practicing one of said professions, selects the other shall cease to practice the former, and shall be dropped from the list of the respective association.

ART. 472. In the towns that have associations of attorneys or solicitors these professions can be practiced only by those who are members of said associations and have offices in the said towns.

Persons who do not have the necessary qualifications for the profession of attorneys and of solicitors can not be admitted as members of the associations.

ART. 473. Attorneys and solicitors shall be obliged to defend the poor free of charge, the conditions established in this decree-law being 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 most just for turns in distribution of actions and causes of indigents, preserving the strictest possible equality.

The deans of the associations shall make appointments in conformity with said rules.

ART. 475. In towns that are seats of judicial subdistricts, in which there are no associations of attorneys, the secretary of the court of first instance and examination, under the supervision of the judge, shall make the distribution of actions and causes of indigents among the solicitors and attorneys, observing the strictest possible equality. ART. 476. Where there is no association of solicitors or attorneys, it shall be necessary in order to practice these professions:

1. To possess the qualifications required therefor by this decree-law. 2. To belong to or be a resident of the town in which the law office is to be opened, and in the town of the residence of the court at which he practices the profession of solicitor.

3. To register in the inferior or superior court as a practicing attorney.

4. To pay the tax of industrial subsidy.

ART. 477. Solicitors and attorneys before beginning the practice of their profession shall take an oath to observe the constitution of the Monarchy, to be faithful to the King, and to carry out strictly and loyally all the obligations imposed on them by the laws and provisions of regulations.

ART. 478. The oath referred to in the preceding article shall be taken:

In towns where there is a territorial audiencia, before the chambers of administration of the same.

Where there is a criminal audiencia, before the same.

Where there is no criminal audiencia, before a judge of first instance and examination, if there be any, and if not, before a municipal judge.

ART. 479. Attorneys and solicitors shall be subject to the disciplinary jurisdiction of courts in the terms fixed by this decree-law.

ART. 480. Attorneys desiring to practice their profession in the colonial provinces and possessions shall present their degrees duly legalized or accompanied with a certificate of identity issued by the colonial department.

CHAPTER II.-Practicing attorneys.

ART. 481. The following are the requirements for practicing the legal profession:

1. To be at least 21 years of age.

2. To be a licentiate at law.

3. Not to have been prosecuted criminally.

4. Not to have been sentenced to corporeal punishment, or to have been exonerated therefrom.

ART. 482. The following persons can not practice the legal profession:

1. Persons discharging judicial duties or the duties of the department of public prosecution.

From this rule are excepted municipal judges or justices of the peace, and fiscales of municipal courts or courts of justices of the

peace.

2. Persons filling offices in the service of the general administration of the State.

3. Auxiliary officers and employees of courts.

ART. 483. Notwithstanding the provisions of articles 472 and 476, lawyers who are not registered in the associations as having law offices, or in the inferior or superior courts to practice law, but who possess the qualifications specified in article 481, may defend either in writing or orally their own civil matters or criminal cases, and those of their relatives wihin the fourth degree of consanguinity or second of affinity.

In these cases, wherever there is an association of attorneys, they shall be qualified by its dean. Where there is none, they shall present proofs of their being attorneys and of their relationship, in a proper case, to the judge or court before whom or in which they are to act in defense, and said judge or court shall grant them their authorization. ART. 484. Attorneys of an association in a capital of an audiencia may act in defense before the ordinary and extraordinary chambers of the same in whatever towns said chambers are convened.

ART. 485. Attorneys who shall act in defense of indigents can not excuse themselves from this obligation in criminal cases without personal and justifiable reasons, which shall be ruled upon by Deans of associations, where there are any, according to their good judgment, and in their absence by the judge or courts before which said defense should be made.

ART. 486. Attorneys shall appear before courts in the dress of the profession, which shall be black, with a cap and gown, of the same kind as those of judges and associate justices, and without any other distinctive mark whenever they attend solemn acts and hearings of inferior or superior courts.

CHAPTER III.—Solicitors.o

ART. 487. In order to be a solicitor, it is necessary:

1. To prove an expert knowledge in the order and procedure of trials and in the obligations imposed upon their profession by law.

See G. O. No. 20, Hdqrs. Dept. P. R., Dec. 3, 1898.

See G. O. No. 69, May 24, 1899, and G. O. No. 134, Aug. 31, 1899, Hdqrs. Dept. P. R.

See G. O. No. 134, Hdqrs. Dept. P. R., Aug. 31, 1899, Par. XI.

This qualification shall be proved in the manner established in the regulations.

From this formality are excepted those who are attorneys or who have completed the studies and obtained the qualification required for the office of notary.

2. To possess the qualifications established for attorneys in numbers 1, 3, and 4, of article 481.

3. In cases of persons who shall select the profession hereafter, by virtue of this decree-law, to constitute as a guaranty, a deposit in specie or in paper currency of the State, at the rate of the official quotation to the amount fixed below:

Five thousand pesos in Habana.

One thousand five hundred pesos in other cities having a territorial audiencia.

One thousand pesos in localities having a criminal audiencia. Five hundred pesos in localities having a court of examination or of first instance.

Two hundred in other localities.

This security may be given on real estate of three times the value fixed in the preceding scale.

In every case the guaranty may consist of one-fifth of the sums fixed, adding to it the title of an alienated office of that class while it shall not have reverted to the State.

ART. 488. The bonds of solicitors shall serve as security for fines imposed upon them, for money received from their clients for judicial costs, or in any other civil, criminal, or disciplinary liability arising in the practice of their profession.

ART. 489. Whenever the bond is reduced for any of the causes expressed above, it must be completed by the solicitor. If he fails to complete it within two months, he shall be suspended from his office.

ART. 490. Whenever a solicitor ceases to perform his duties for any reason whatsoever, an announcement shall be published in the official newspaper of the province in which said solicitor had his office and in the official newspapers of the town, should there be any, in order that any claims against him may be made within the period of six months.

After said period has elapsed, the deposit shall be returned to the solicitor if there are no claims.

If just claims have been made within the proper time the creditors. shall receive from the deposit what is due them."

ART. 491. Solicitors of the same town shall replace one another in cases of leave of absence, sickness, or any other legitimate impedi

ment.

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 necessary conditions of age and morality, possesses knowledge enabling him to act as solicitor, it being understood that this appointment shall always be special and for a certain case.

ART. 492. Solicitors are absolutely forbidden to perform auxiliary duties in the dependencies of inferior or of superior courts.

• See Official Gazette, P. R., No. 65, March 17, 1899.

TITLE XVIII.-RECESSES, LEAVES, AND COMMISSIONS OF THE SERVICE.

CHAPTER I.-Days on which courts do not hold sessions.

ART. 493. Superior and inferior courts shall not hold sessions: 1. On whole holidays.

2. On the King's day, and on those of the Queen, the Regent of the Realm, and the Prince of Asturias.

3. On Thursday and Friday of Holy Week.

4. On national holidays.

ART. 494. Without prejudice to the provisions of the preceding article, the days specified therein shall be juridical days for the institution of preliminary proceedings in criminal causes, without being specially made such, and may be made such for any other urgent, civil, or criminal proceedings.

ART. 495. For the purposes of the preceding article, such proceedings shall be considered as urgent the postponement of which may, in the judgment of the judge or court, cause great damage to the defendants, the litigants, or to the good administration of justice.

CHAPTER II.-Leaves.

ART. 496. Municipal judges of the Antilles and justices of the peace of the Philippines may absent themselves for eight days or less from the municipal territory in which they reside, leaving their substitute in charge of their offices, and informing the judge of first instance of the subdistrict of the fact.

In order to absent themselves for more than eight and less than thirty days they must obtain, in writing, leave from the judge of first instance of the subdistrict, and for a period of from thirty to ninety days from the presiding judge of the audiencia.

ART. 497. In none of the cases referred to in the two preceding articles may municipal judges or justices of the peace absent themselves 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 nor 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 preceding paragraph shall be excepted those who are absent in order to perform their duties or to take some legal steps in the administration of justice.

ART. 499. No leave shall be granted except upon the request of an employee, passed upon by his immediate superior. If it is made on account of ill health, it must be duly proven. If it is made on account of personal matters, the immediate superior, in passing upon it, shall state whether the 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 made in conformity with the following rules:

1. It shall be an indispensable condition for requesting leaves to have remained without interruption in active service for three consecutive years in any of the colonial provinces.