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wård, unless called to testify thereto by the opposite party; and the provisions of this section shall extend to and include all actions by or against the heirs or legal representatives of a decedent arising out of any transaction with such decedent.

SECTION 4.-No person shall be incompetent to testify on account of his religious opinions or for want of any religious belief.

SECTION 5.-No attorney shall disclose a communication made to him by his client during the existence of that relationship, nor disclose any other fact which came to the knowledge of such attorney by reason of such relationship. And no priest or minister shall be compelled to disclose any communication made to him in the confes. sional.

SECTION 6.-Section 1215 of the Civil Code, and all laws, orders and decrees, in conflict with this Act, are hereby repealed.

SECTION 7.—This Act shall take effect upon and after its approval.

Approved, March 10, 1904.

AN ACT

AUTHORIZING WRITS OF PROHIBITION.

Be it enacted by the Legislative Assembly of Porto Rico:

Section 1.-(Definition) A writ issued by a superior court directed to the judge and parties of a suit in an inferior court commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court; or when by the exercise of its jurisdiction the inferior court will defeat a legal right, or to prevent a judge from granting a new trial after the expiration of the trial term.

SECTION 2.—The Supreme Court and the respective District Courts are hereby authorized and empowered to issue writs of prohibition.

SECTION 3.-Writs of prohibition shall be applied for upon affidavit, by petition in the same manner as writs of mandamus, and if the cause shown shall appear to the court to be sufficient, a writ shall thereupon be issued, which shall command the court and party to whom it shall be directed to desist and refrain from any further proceedings in the suit or matter specified therein until the further order of the court issuing same, and then to show cause why they should not be absolutely restrained from any further proceedings in such suit or matter. Providing that a writ of prohibition cannot be issued to restrain action of inferior courts properly reviewable by appeal.

SECTION 4.-Such writ shall be served upon the court and party to whom it shall be directed in the same manner as a writ of mandamus, and a return shall in like manner be made thereto by such court, which may be enforced by attachment.

SECTION 5.- All laws, or parts of laws, in conflict with this Act, are hereby repealed.

SecTION 6.- This Act shall take effect from and after its passage.

Approved, March 10, 1904.

AN ACT

AUTHORIZING WRITS OF CERTIORARI.

Be it enacted by the Legislative Assembly of Porto Rico :

SECTION 1.—(Definition) A writ issued by a superior to an inferior court requiring the latter to send to the former a certified copy of some proceeding therein pending, or the record and proceedings in some cause already terminated in cases where procedure is not according to the course of the law, and to complete the proceedings when the lower court refuses to do so upon erroneous grounds.

SECTION 2.–The Supreme Court and the respective District Courts of Porto Rico are hereby authorized and empowered to issue writs of certiorari.

SECTION 3.-All writs of certiorari issued by any court, pursuant to the provisions of this Act, shall be under the real of the court issuing same, and all such writs shall be applied for in the same manner and form as writs of habeas corpus.

SECTION 4.-All laws, or parts of laws, in conflict with this Act, are hereby repealed.

SECTION 5.-This Act shall take effect from and after its passage.

Approved, March 10, 1904.

AN ACT

TO REPEAL A LAW ON CONTENTIOUS-ADMINISTRATIVE JURIS

DICTION AND REGULATIONS RELATIVE THERETO.

Be it enacted by the Legislative Assembly of Porto Rico:

SECTION 1.–That the contentious-administrative jurisdiction be hereby abolished, and the Law and Regulations of contentious-administrative jurisdiction pursuant thereto, repealed in all its parts.

SECTION 2.-That all claims which have been made under the aforesaid Law and Regulations shall in future take the ordinary course and jurisdiction as determined in the Law of Civil Procedure.

SECTION 3.-All laws, or parts thereof, in conflict with this Act, shall be and same are hereby repealed.

SECTION 4.- This Act shall take effect from and after its passage.

Approved, March 10, 1904.

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AN ACT

TO CONFER ORIGINAL JURISDICTION ON THE SUPREME COURT

OF PORTO RICO FOR THE TRIAL AND ADJUDICATION OF
CERTAIN PROPERTY CLAIMED BY THE ROMAN CATHOLIC
CHURCH IN PORTO RICO.

Be it enacted by the Legislative Assembly of Porto Rico:

SECTION 1.-Original jurisdiction is hereby conferred on the Supreme Court of Porto Rico for the trial and adjudication of all questions now existing, or which may arise, between the Roman Catholic Church in Porto Rico and the People of Porto Rico, affecting property rights, whether real or personal or mixed, claimed by either party.

SECTION 2.—The Attorney General of Porto Pico shall be authorized to accept service for the People of Porto Rico of any citation, summons or other process issued by said court in said proceedings.

SECTION 3.–The Supreme Court, for the purpose of such trial and adjudication, shall have the right to issue process for witnesses and to receive and hear testimony, and the procedure in said court shall be the same, as near as may be, as that prescribed for the District Courts of Porto Rico in civil cases, and the Supreme Court shall have full power to enter any and all orders and decrees that may be necessary to a final and full adjudication of all the claims of either party to the proceedings, and may issue all writs or process necessary to enforce the jurisdiction hereby conferred upon said court; Provided, that the Attorney General of Porto Rico shall at once prepare for such hearing and trial, and if the said Roman Catholic Church does not commence proceedings under this Act within three months after its passage and approval, then, in that event, it shall be the duty of the Attorney General to commence said proceedings in behalf of the Insular Government.

SECTION 4.-After the issues have been fully submitted to said court upon the law and the facts, and after hearing the arguments of the respective parties, or their counsel, the court shall enter a final judgment and decree fully determining the rights of either or both of the parties, and vesting the title to the subject matter of the controversy, or any part thereof, in such party or parties as the court may deem entitled thereto. The said court may issue any and all writs that may be necessary to place the parties in the quiet possession of the property so adjudicated to them, or either of them. But nothing in this Act shall be construed to limit the right of appeal, either of the People of Porto Rico or of the Roman Catholic Church, but either party may appeal from the final judgment or decree of said court to the Supreme Court of the United States, in the manner provided by law for appeals to that court generally.

SECTION 5.-Original jurisdiction is hereby also conferred on the Supreme Court of Porto Rico for the trial and adjudication of all questions now existing, or which may arise, between the Roman Catholic Church in Porto Rico and any municipality of Porto Rico, affecting property rights, whether real or personal or mixed, claimed by either party.

SECTION 6.—The mayor of any municipality within Porto Rico, wherein may be situated any property over which such questions exist, shall be authorized to accept service for the municipality of any citation, summons or other process issued by said court in said proceedings.

SECTION 7.-For the purpose of such trial and adjudication and appeal, all of the provisions of sections 3 and 4 of this Act shall be deemed applicable.

SECTION 8.-This Act shall take effect from and after its passage.

Approved, March 10, 1904.

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