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.

23. Item:  We ordain that no one shall appear at the prison of our Audiencia as an attorney, even though he have special power of attorney therefor, unless he have information that his client is confined in the prison, and shall swear that the judge who shall be trying the case is distrusted by him with just cause.  In such case our auditors shall direct the judge to send them a signed transcript of the record, in order that, after the transcript has been submitted, if it shall appear that they should try the case, they may direct the transfer of the record to the Audiencia.  In such case they shall grant the party a writ forbidding the judge to proceed further with the case; and the prisoner shall appear at his own expense, providing good security.  Before the auditors have examined the record, they shall grant no writ of injunction, temporary or perpetual.  If, however, the prisoner shall have appeared in person, and shall find that he has a right to a trial in the Audiencia, and to a writ of injunction against the judge who claims the right to try the case of to summon the parties to appear to the charges, let them give the writ.  Meanwhile the prisoner shall be confined in the prison, and shall not be admitted to bail until by means of the record the nature of the charge is made evident in conformity with the laws of these realms which govern in such cases.

24. Item:  We ordain and command that our president and auditors and the ordinary magistrates of our said Yndias, where there shall be a mint, shall have jurisdiction over all crimes of falsification of money committed by the moneyers although they be committed within the mint.  Accordingly, they may call the case before them, unless the alcaldes of the said mint have anticipated them and begun to try it.  Likewise, our said president and auditors, with respect to the mints in their jurisdiction, may appoint a person to report to the alcaldes and officials of the said mints.

25. Item:  We command that on Saturday of every week two auditors in rotation, as the president shall assign them, shall inspect the prisons of the Audiencia and of the town where the Audiencia may be.  There shall be present at the inspection the alcaldes, alguazils, and clerks of the prisons, and our fiscal attorney.  At the inspection of the prison of the town or city the alcaldes-in-ordinary thereof shall be seated near the auditors.

26. Item:  We command that the president and auditors of our Audiencia shall be present on every day that is not a holiday, in the court-rooms, to hear the statement of cases [relaciones]—­three hours on the days when cases are not heard [no de audiencia] and four hours on days when hearings are given [de audiencia], according to the rules of our audiencias of Valladolid and Granada.  He who is absent without sending a sufficient excuse shall be fined half his pay for that day, by the person whom the president shall appoint, whose report in the matter shall receive faith and credit, so that no auditor shall hold or try the said cases in his own house without being joined with all the others, as has been said with regard to the said Audiencia, to hear and determine pleas and matters brought before it.

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