"JUDICIAL
FEES. ROYAL ORDER OF THE 7th OF
SEPTEMBER OF 1860.
- In order to bring into
effect that ordered by the Queen in
her Royal Decree of 1st of the present
month concerning the collection by the
Treasury of the judicial fees which the Alcaldes Mayores
(provincial Judges) of that Capital (i.e., the
Philippines) obtain for their services, she has willingly decided to command
that I transmit to your Excellency (i.e., the Governor General of the
Philippines) for your compliance the Royal
Order of the 31st of May of 1855,
dictated with the same object for those of
the Islands of Cuba and Porto Rico, and whose
tenor is the following:
“An
account being given to the Queen of
the measures instructed with the object of
adopting the most opportune means in order
that the judicial fees may enter the
vaults of the Treasury without loss, which
the Alcaldes Mayores of the islands of Cuba
and Porto Rico, to whom sufficient salaries were assigned
by the Royal Cedulas of the 29th of
July of 1845 and of the
27th of June of 1847, obtain
for their services; Her Majesty having
been thoroughly informed, and considering that as yet the
island of Porto Rico does not enjoy the
benefits which Her Majesty is resolved to distribute
to it by prohibiting that Alcaldes Mayores should receive
either fees or emoluments in any sense; that even if the royal
mandate is well executed in Cuba, the excellent
rules of intervention and vigilance which the particular
peculiarity of this new tax may require having been dictated by the
Superintendency of Finance, these measures do not make fraud or wrongful
silence impossible, being in addition excessively
onerous for the Alcaldes Mayores; and that, the
existing system of collection requiring a quick and
radical improvement, this should not
be deferred until all the necessary
data are assembled for including
the fees of the judges
in the price of the paper (i.e., stamped paper) which
is used in the proceedings with a full understanding
of the occasion and without fear
of injuring the litigants or of
burdening the budget of these
islands; taking into account the recommendations submitted
by the Audiencias (Supreme Courts),
the other data assembled in the papers pertaining to
the matter, and that which was reported concerning this
matter by the suppressed Royal Council (of
the Indios), Her Majesty has deigned to command
the following:
Article
1. The second article of
the mentioned Royal Cedula of the 27th of
June 1847, which names a fixed salary for the Alcaldes
Mayores, shall be brought to due accomplishment.
Article
2. The fees of the judges and fiscals
(prosecuting attorneys) which by virtue of
the orders cited and of others
analogous, should enter the public Treasury
of the Island of Cuba and Porto
Rico, shall be paid by means of gummed stamps
whose classes and prices shall be of one-half real,
one real, two reales, five reales,
ten reales and one hundred reales fuertes. [56]
Article
3. The stamps shall manufactured under the immediate control
of the Director-General of Colonies, who shall furnish opportunely to the
Superintendencies (of Finance) of the Islands mentioned
those (stamps) which in each one are considered necessary, to which end
the Superintendents shall make requisition with
the opportune anticipation.
Article
4. The Superintendents will supply the stamps to
the senior clerks of the courts in which they are
to be used, making them responsible for their value and requiring
then to render accounts together with the
delivery of the funds in the manner
and at the items which they deem appropriate.
The issuing clerks will receive for this
service one percent of the sales they deliver
to the collectors or treasures of the Treasury.
Article
5. The Notarial Clerks of Court will exact of
the litigants or of their attorneys,
the stamps which each judicial order (providencia) requires
and will affix them to the margin or below the signature
of the judge and in his presence crossing
them afterwards with ink into whose composition appears necessarily
entered.
Article
7. The clerks who fail
in the fulfillment of that which is
prescribed in the preceding articles, and
the judges who tolerate it, will restore to the
Treasury the value of the stamps omitted and in addition each
will incur a fine of four times their value.
Habitual repetition of this offense will be punished with the
same penalties as defraudation of the public
revenues.
Article
8. The judicial fees which are not exacted at the time of presentation
will be included by the appraisers in the computation of the costs and
will also be paid in stamps.
Article
9. The fees called "de vista" (of judgment) will be collected only
on interlocutory or definitive decisions and only for the pages (of the
record) which it may be necessary to examine in order to dictate them and
which have not previously been paid for.
Article
10. In the liquidation of judicial
fees a fraction of less than 25 hundredths
of a real shall not be payable nor exactable;
that which reaches 25 and does not exceed 74 shall
be paid as one-half real; and from 75 to 100,
as one real. |