the Solicitor General to conduct and argue suits and appeals in the Supreme Court, in which the Philippine Government is interested, and the Attorney General may, whenever he deems it for the interest of the Philippine Government, either in person conduct and argue any case in any court of the Philippine Islands in which the Philippine Government is interested or may direct the Solicitor General to do so. SEC. 42. Assistant Attorney General.-There shall be an Assistant Attorney General, to be appointed by the Commission, to serve during its pleasure, with a salary at the rate of three thousand dollars per annum, payable monthly, who shall perform the duties of the Attorney General, in his absence, and the absence of the Solicitor General, and shall render such other services in the performance of the duties of the Attorney General as may be assigned to him.

SEC. 43. Oath of Attorney General, Solicitor General, and Assistant Attorney General.-Before entering upon the performance of their duties, the Attorney General, Solicitor General, and Assistant Attorney General shall take and subscribe to the following oath or affirmation, to wit:

"I, solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Attorney General (or Solicitor General or Assistant Attorney General), according to the best of my ability and understanding, agreeably to the laws of the Philippine Islands; that I will prosecute no man for envy, hatred or malice, neither will I leave unprosecuted for love, fear, favor, affection or hope of reward; and that I recognize and accept the supreme authority of the United States of America in these Islands, and will maintain true faith and allegiance thereto; that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion; so help me God." (The last four words to be stricken out in case of affirmation.)

(Signature)

"Subscribed and sworn to (or affirmed) before me this. day of......

.19.."

The oath may be administered by any judge of the Supreme Court and shall be filed with the Clerk of that Court.

SEC. 44. Bond of Attorney General.-Before entering upon the performance of the duties of his office, the Attorney General shall execute a bond to the Insular Government, in the penal sum of five thousand dollars, with sufficient surety or sureties, to be approved by the Insular Treasurer, conditioned for the faithful performance of the official duties of himself and his assistants and the payment of all sums of money that shall come into his or their hands officially, to the person entitled thereto. The bond shall be recorded in the books of the Insular Treasurer and kept on file in his office, and shall be available as security for the benefit of any person, corporation or municipality in interest. In case the Attorney General fails to give the bond herein prescribed, within thirty days after his appointment, the office shall be vacant, and another person shall be appointed in his stead as Attorney General. The Attorney General may require of the Solicitor General and Assistant Attorney General, each, a bond to him in the penal sum of five thousand dollars, with sufficient surety or sureties, to be by him approved, conditioned for the faithful performance of their official duties, respectively, and the payment of all sums of money that shall come into their or either of their hands officially, to the person lawfully entitled thereto. In case either the Solicitor

General or the Assistant Attorney General fails to give the bond here prescribed, within thirty days after his appointment, his office shall be vacant, and another person shall be appointed in his stead.

SEC. 45. Duties of the Attorney General.-The Attorney General shall perform the following duties:

(a) He shall attend the Supreme Court and prosecute or defend therein all causes, civil and criminal, to which the United States, or any officer thereof, in his official capacity, is a party;

(b) He shall prosecute or defend therein all causes, civil and criminal, to which the Government of the Philippine Islands, or any officer thereof, in his official capacity, is a party; and all causes to which any province may be a party, unless the interest of the province be adverse to that of the Government of the Islands, or that of the United States, or some officer thereof acting in his official capacity, or of some other province;

(c) After judgment in favor of the interest represented by him, in any of the cases mentioned in the last section, he shall direct the issuing of such process as may be necessary to carry the same into execution, and shall account for and pay over to the proper officer all money that may come into his possession belonging to the United States Government, the Government of the Philippine Islands, or any province; (d) When it may be necessary or proper for the enforcement or collection of any judgment or debt in favor of the Insular Government or any officer thereof in his official capacity, or of any province, the Attorney General shall institute and prosecute in behalf of the creditor an action or actions to set aside any conveyance or other devise fraudulently made by the debtor, or any one for him, to hinder or delay or defraud the creditor;

(e) He shall, when required by the public service, or when directed by the Chief Executive, repair to any province in the Islands and assist the Provincial Fiscal there in the discharge of his duties, and shall assist the Provincial Fiscal in any prosecution against an officer of the Government;

(f) He shall, at the request of the Chief Executive, or other proper officer of the Insular Government, institute and prosecute a suit on any official bond or any contract, in which the Government of the Islands is interested, upon a breach thereof, and prosecute or defend for the Insular Government all actions, civil or criminal, relating to any matter connected with either of the offices of the Insular Government; and he may require the service or assistance of any Provincial Fiscal in and about such matters or suits;

(g) Whenever requested by the Chief Executive, or other officer of the Insular Government, he shall prepare proper drafts for contracts, forms, or other writings which may be wanted for the use of the Government;

(h) He shall pursue the collection of any claim or judgment in favor of the Insular Government, outside of the Islands, or may, with the consent of the Chief Executive, employ counsel to assist in the collection thereof;

(i) He shall give his opinion in writing to the legislative body of the Islands, the Chief Executive, the Auditor of public accounts, the Insular Treasurer, the General Superintendent of Public Instruction, the trustee of any government institution, and any Provincial Fiscal, when requested in writing, upon any question of law relating to their respective offices;

6) He shall keep a docket of all causes in which he is required to ·

appear, which shall show the province and court in which the causes have been instituted and tried, and whether they be civil or criminal; if civil, the nature of the demand, stage of the proceedings, and, when prosecuted to a judgment, a memorandum of the judgment; of any process issued thereon, whether satisfied or not; if not satisfied, the return of the officer; and if criminal, the nature of the crime, the mode of prosecution and the stage of the proceedings; and, when prosecuted to a sentence, a memorandum of the sentence, and of the execution thereof, if executed, and, if not executed, of the reasons for delay or prevention;

(k) He shall make reports to the Philippine Commission through the Military Governor, on the first day January and the first day July of each year, of the condition of the public service as administered in his office and under his supervision; and he shall, as a part of his report, make any recommendation which he may deem proper for the improvement of the service.

SEC. 46. Office Hours.-The Attorney General shall keep an office at Manila, and shall, except when absent on public business, or by consent of the Chief Executive, keep the same open on each business day from nine until twelve o'clock in the forenoon, and from three until five o'clock in the afternoon, and be there for business.

SEC. 47. Assistants to the Attorney General.-The Attorney General shall be allowed only such clerical assistants as may be absolutely necessary for the due periormance of the duties of his office, upon the certificate of the majority of the Judges of the Supreme Court that such assistants are necessary. The compensation of such assistants shall be fixed by the Judges of the Supreme Court, with the approval of the Chief Executive.

CHAPTER IV.

COURTS OF FIRST INSTANCE.

SEC. 48. One Court of First Instance for each province.-There shall be in each province in which civil government has been or shall be organized under the sovereignty of the United States, a Court of First instance, in each of which a judge shall preside, to be appointed by the Philippine Commission, to hold office during its pleasure. Each judge so appointed shall preside in all Courts of First Instance in his judicial district, which shall consist of such provinces as shall be hereafter by law designated to constitute such judicial district. But this section shall not apply to the province of Benguet, nor to other provinces in which a special civil government shall be organized for largely uncivilized people, nor to the city of Manila.

SEC. 49. In Manila.-There shall be one Court of First Instance for the city of Manila, and two judges shall be appointed by the Commission, to serve during its pleasure, to preside in such Court in separate court rooms.

Actions brought in the Court of First Instance for the city of Manila shall be equally apportioned for trial between the two judges, in accordance with a rule to be made by the judges of the Supreme Court. Any action apportioned to one judge may be tried by the other judge, when more convenient to the judges.

SEC. 50. Salaries of Judges of Courts of First Instance.-Judges of the Courts of First Instance for the city of Manila shall receive a salary at the rate of five thousand, five hundred dollars per year.

The salaries of other Judges of Courts of First Instance shall be specially prescribed by law, according to the importance and responsibility of the duties to be performed.

SEC. 51. Transferring of Judges for special reasons.--Any Judge of a Court of First Instance may be ordered by the Supreme Court to hold a term or part of a term of any Court of First Instance, although not in the district which properly appertains to his jurisdiction, whenever in the opinion of the Judges of the Supreme Court such assignment is necessary, by reason of absence, illness or disqualification of the Judge who would properly preside in such Court, or whenever, by reason of an unusual amount of business, the services of an additional Judge may be needed in any district or province.

The judgments, orders and proceedings of the Judge so assigned to another province or judicial district shall be equally effective as if the regular Judge of the province in which the Court is held had presided. SEC. 52. Judge may preside in another province at request of Judge of that province.-A Judge of any Court of First Instance may hold the Court of First Instance in any province, at the request of the Judge thereof; and upon the request of the Chief Executive it shall be his duty to do so; and in either case, the Judge holding the court shall have the same power as the proper Judge thereof.

SEC. 53. When such Courts are open.-Courts of First Instance shall be always open (legal holidays and non-judicial days excepted), and they shall hold their sessions at the capitals of the several provinces respectively unless otherwise specially provided by law. The dates upon which sessions shall be held in the several provinces shall be fixed by law hereafter.

SEC. 54. Hours of sessions.-During terms of Court, the hours for the sessions thereof shall be from nine o'clock to twelve in the forenoon, and from three until five in the afternoon, except Saturdays, when a forenoon session, only, shall be required; but the Judge may extend the hours of sessions whenever in his judgment it is proper to do so. All officers and employés of the Court shall be in attendance during the hours of sessions.

SEC. 55. Jurisdiction of Courts of First Instance.-The jurisdiction of Courts of First Instance shall be of two kinds:

1. Original; and

2. Appellate.

SEC. 56. Its original jurisdiction.-Courts of First Instance shall have original jurisdiction:

1. In all civil actions in which the subject of litigation is not capable of pecuniary estimation;

2. In all civil actions which involve the title to or possession of real property, or any interest therein, or the legality of any tax, impost or assessment, except actions of forcible entry into, and detainer of lands or buildings, original jurisdiction of which is by this Act conferred upon Courts of Justices of the Peace;

3. In all cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to one hundred dollars

or more;

4. In all actions in admiralty and maritime jurisdiction, irrespective of the value of the property in controversy or the amount of the demand;

5. In all matters of probate, both of testate and intestate estates, appointment of guardians, trustees, and receivers, and in all actions for annulment of marriage, and in all such special cases and proceedings as are not otherwise provided for;

6. In all criminal cases in which a penalty of more than six months' imprisonment or a fine exceeding one hundred dollars may be imposed; 7. Said Courts and their judges, or any of them, shall have power to issue writs of injunction, mandamus, certiorari, prohibition, quo warranto and habeas corpus in their respective provinces and districts, in the manner provided in the Code of Civil Procedure.

SEC. 57. Its appellate jurisdiction.—Courts of First Instance shall have appellate jurisdiction over all causes arising in Justice's and other inferior Courts in their respective provinces.

SEC. 58. The Clerk.-The Commission shall appoint a clerk for the Court of each province. He shall hold office during the pleasure of the judge, and he may be removed and his successor be appointed by the judge from a list of eligibles provided by the Civil Service Board under the rules of the Civil Service Act. The clerk shall receive a salary at the rate of twelve hundred dollars per year, except in cases where a greater or less salary is specially prescribed by law, and all fees charged by him shall belong to the government. He may employ such assistants as a majority of the Judges of the Supreme Court may decide to be necessary, and at salaries to be by them fixed, after approval thereof by the Chief Executive. Each Clerk of the Court may appoint and remove his own deputy, whose services shall be paid for by the clerk out of his salary unless he be an assistant duly authorized, as in this section provided.

SEC. 59. The Clerk's Bond.-Before entering upon the performance of his duties, the Clerk of a Court of First Instance shall execute a bond to the Government of the Philippine Islands, in the penal sum of four thousand dollars, with sufficient surety, to be approved by the judge, conditioned for the faithful performance of his duties, and for the payment to those entitled thereto of all sums of money that shall come into his hands or into those of his deputies, by virtue of his office. The judge shall forward the bond to the Insular Treasurer and it shall be recorded in his books and kept on file in his office, and shall be available for any party in interest.

SEC. 60. The Clerk in Manila.-The Commission shall appoint a clerk and an assistant clerk in the city of Manila. The Clerk and Assistant Clerk shall hold office during the pleasure of the judges and may be removed and their successors appointed by the judges in accordance with the provisions of the Civil Service Law. The Clerk shall receive a salary at the rate of two thousand dollars a year, the Assistant Clerk at the rate of one thousand, six hundred dollars per year, and all fees charged by them shall belong to the Government. The Clerk may appoint and remove one or more deputies, whose services shall be paid for out of his salary, unless the deputy be an assistant duly authorized, as in this section provided. The Clerk may employ such assistants, to be selected under the provisions of the Civil Service Law, as a majority of the Judges of the Supreme Court may decide to be necessary, and at salaries to be by them fixed, after approval thereof by the Chief Executive. The bond of the Clerk shall be for six thousand dollars, and he may require a bond of indemnity from the Assistant Clerk, which shall be approved, filed, and recorded as provided in the last preceding section. The Clerk shall be answerable on his bond for defaults of his deputy and assistants.

SEC. 61. Officer of the Court of First Instance.-The officer of the Court of First Instance to serve its process and enforce good order in and about the court room shall be the Governor, or his deputy, of the province in which the Court is held; but in the City of Manila the officer of the Court of First Instance shall be the sheriff or his deputy.