Department attorney and' assistant; duties, and so forth.
Section 10
SEC. 10. Department attorney and' assistant; duties, and so forth.—The department attorney shall be the attorney and legal adviser of the department and of each of its officers and of the administrative council hereinbefore constituted and shall, when called upon by the said council or any officer of the department, furnish a written opinion on questions of law arising in the administration of the government. He shall represent the department, and all provincial and municipal governments therein, in all suits brought on their behalf or against them in any court, except in cases where the interests of the department are opposed to those of any provincial or municipal government, when he shall represent the department, and the province or municipality may employ-special counsel; and in cases where the interests of any province are opposed to those of another province or municipality, in cases when two municipalities are adverse parties in the same litigation, and in cases arising under Act Numbered Thirteen hundred seventy-six, in all of which cases the provincial or municipal government concerned may employ special counsel. There shall be an assistant attorney for the department, who shall be appointed by the governor subject to confirmation by the administrative council. Both the department attorney and the assistant attorney shall be duly admitted members of the bar of the Supreme Court of the Philippine Islands. The assistant attorney shall receive such annual salary as may be fixed and provided for such officer in the appropriations made by the administrative council not to exceed five thousand pesos annually. Before assuming office he shall take the oath of office hereinafter prescribed for provincial officers. The department attorney shall appear and take charge of prosecutions for the government in any court of justice within the department, but he may direct the assistant attorney to represent the public in the prosecution of crimes in any courts within the Department of Mindanao and Sulu, when the public interest requires it. The assistant attorney shall also render such other services as may be assigned to him by the department attorney. During the temporary absence from duty of the said assistant attorney, or whenever for any reason he is disqualified to act therein in an official capacity, or in case of a vacancy in such office, or whenever, from any cause, such officer is unable to, or does not appear in any criminal proceeding in any court in the department, the department governor, whenever in the judgment of the department attorney it shall be necessary, shall appoint a temporary assistant attorney who shall have the powers of such assistant attorney and shall serve in such capacity until his temporary employment shall be terminated by the governor. For such service, the temporary assistant attorney shall receive such compensation as the governor shall determine, not exceeding the salary herein provided for the assistant attorney. With the consent of the court first had, the department attorney and the assistant attorney are hereby empowered, virtute officii, to enter a nolle prosequi and thereby at once to stay the proceeding in any criminal action in the courts of justice within the department, at any stage in the proceeding. The department attorney shall discharge his duties under the general supervision of the Attorney-General of the Insular Government, and the Attorney-General shall represent the department and the provincial and municipal governments organized within the territory of the Department of Mindanao and Sulu in all suits for or against them which shall come before the Supreme Court, except in cases where the interests of the department are opposed to those of any provincial or municipal government when he shall represent the department, and the province or municipality may employ special counsel; but if the Attorney-General deems it necessary he may require the department attorney to assist in the presentation of the cause before the Supreme Court. In every criminal case appealed to the Supreme Court from any court held within the territory of the department, the attorney or his assistant shall forthwith make a report to the Attorney-General explaining the questions of law and fact appearing therein and the conclusions of the court. The attorney shall make an annual report to the Attorney-General of the Philippine Islands as to the condition of public and private litigation in the courts throughout the department. The department attorney shall be ex officio register of deeds for the department, and shall give a bond to the Government of the Philippine Islands in the amount to be fixed by the Insular Auditor: Provided, however, That the administrative council may authorize the appointment of a deputy register of deeds who shall give a bond to the Government of the Philippine Islands in an amount to be fixed by the Insular Auditor and shall perform the duties of register of deeds for the department. In addition to the foregoing the department attorney and his assistant shall perform such duties as are enjoined upon provincial fiscals by section twenty-three hereof.