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[ Act No. 14, October 10, 1900 ]
AN ACT PROVIDING FOR THE TEMPORARY ASSIGNMENT OF JUDGES OF THE COURTS OF THE FIRST INSTANCE TO PRESIDE IN THE TRIAL OF ACTIONS PROPERLY TRIABLE IN PROVINCES WHERE NO COURTS OF THE FIRST INSTANCE HAVE BEEN ESTABLISHED.
By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:
SECTION 1. Whenever applications in writing shall be made to the Supreme Court, representing that the petitioner desires to bring an action in a Court of the First Instance within one of the provinces of the Philippine Islands in which there is then no Court of the First Instance, and which action would he properly triable in such court, if existing, and praying that provision may be made for the hearing and determination of the action, the President of the Supreme Court may, in his discretion, if he is satisfied that no injustice will thereby be done, temporarily assign any judge of a Court of First Instance to preside in the trial of the proposed action.
SEC. 2. Upon the assignment of a judge in accordance with the provisions of the preceding section, the judge so assigned shall have full authority to hear and determine the action, and all questions arising therein, to the same extent and with the same effect as if there had been established by law a Court of First Instance of the province in which the action would properly have been triable and he were the permanent judge thereof; and the same rights of appeal shall appertain to the action.
SEC. 3. The action shall be brought and the record thereof made in the regular court of the assigned judge, and process shall issue therefrom to the province in which the case would be properly triable were there a Court of First Instance established in such province, and the trial may take place either in such province or at the place where the assigned judge regularly under the law holds court as the President of the Supreme Court, having regard to the convenience of the trial judge and justice to the parties, shall order.
SEC. 4. The assignment and order made by the Chief Justice under the preceding section shall be in writing and spread upon the minutes of the Supreme Court and upon the records of the Court of First Instance, the judge of which is so assigned.
SEC. 5. This Act shall take effect on its passage.
Enacted, October 10, 1900.
SECTION 1. Whenever applications in writing shall be made to the Supreme Court, representing that the petitioner desires to bring an action in a Court of the First Instance within one of the provinces of the Philippine Islands in which there is then no Court of the First Instance, and which action would he properly triable in such court, if existing, and praying that provision may be made for the hearing and determination of the action, the President of the Supreme Court may, in his discretion, if he is satisfied that no injustice will thereby be done, temporarily assign any judge of a Court of First Instance to preside in the trial of the proposed action.
SEC. 2. Upon the assignment of a judge in accordance with the provisions of the preceding section, the judge so assigned shall have full authority to hear and determine the action, and all questions arising therein, to the same extent and with the same effect as if there had been established by law a Court of First Instance of the province in which the action would properly have been triable and he were the permanent judge thereof; and the same rights of appeal shall appertain to the action.
SEC. 3. The action shall be brought and the record thereof made in the regular court of the assigned judge, and process shall issue therefrom to the province in which the case would be properly triable were there a Court of First Instance established in such province, and the trial may take place either in such province or at the place where the assigned judge regularly under the law holds court as the President of the Supreme Court, having regard to the convenience of the trial judge and justice to the parties, shall order.
SEC. 4. The assignment and order made by the Chief Justice under the preceding section shall be in writing and spread upon the minutes of the Supreme Court and upon the records of the Court of First Instance, the judge of which is so assigned.
SEC. 5. This Act shall take effect on its passage.
Enacted, October 10, 1900.