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.]
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_