The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

10. Item:  Whoever shall bring before our Audiencia a case on appeal may appear before the clerk whom he chooses.  The clerk before whom he appears shall be required to notify our president and auditors of such appearance, that they may assign the case so as to produce equality among the clerks; and the same shall be maintained among the suits begun in the first instance in our said Audiencia.

11. Item:  We command that the judgments pronounced by our said president and auditors for the region beyond the five-league limit, and writs of execution and other writs, shall be given in our name and with our title, royal seal, and record.  Writs with seal and record shall receive the fees which by our royal tariffs of fees for our Audiencia have been commanded for them.  The judgments pronounced for the region within the five-league limit shall follow the form of orders without seal or record, issued by our auditors, etc.  And these writs shall be obeyed and executed in the same manner as writs and judgments sealed with our name and royal seal.

12. Item:  Our president shall keep a record of votes, which he shall swear to keep secret, and in which he shall enter, in brief form, the opinions of himself and the auditors in all cases involving a hundred thousand maravedis and upwards.

13. Item:  We will that our auditors repeal no sentence of banishment, nor allow writs of delay for debts; yet we permit them to issue writs of delay for six months to particular persons, and not in general—­provided first that such person for legitimate causes which have intervened is unable to pay; and that he offers approved security, not clerical or noble, [46] that at the end of six months he will pay the debt.  This term may be allowed for the same debt only once.

14. Item:  We ordain that the appeals taken from decisions for plaintiff or defendant in pecuniary suits, and in suits involving only private interests, when said decisions are pronounced by those who report to the governors and corregidors of the district of our said Audiencia, shall go before it; but as for all other matters heard by such judges, and as for the results of secret investigation, they shall go before our council of the Yndias.

15. Item:  Our Audiencia shall appoint no judge in cases of residencia [juez de residencia], or governors for the provinces subject to their jurisdiction, or judges for special criminal investigations [pesquisidores].  If any individual bring complaint or charges against the governor, and the Audiencia shall see that the matter is of such nature that it is of importance to know the truth concerning it, in such case they shall send one person to obtain the necessary information.  The complainant or accuser must give bonds that he will pay the costs and the penalty which will be assessed against him in case the accusation proves false.  In other cases special judges of investigation shall not make inquisitions, except with regard to riots and seditious associations, or other matters of so pressing importance that the delay requisite for consulting us would produce notable inconvenience.

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The Philippine Islands, 1493-1803 — Volume 5 of 55 from Project Gutenberg. Public domain.