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.

83. Item:  We ordain and command that our said fiscal shall assume the charge and conduct of the cases concerning the execution of our justice, when appeal shall be taken from the corregidors or other judges.

84.  Further:  We command that our said fiscal shall bring no charges without waiting for a complainant, except when the fact is notorious, or when judicial inquiry has been made.

85. Item:  It shall be his duty to concern himself, and he shall concern himself, with notorious immorality, and with the defense of the royal authority; and to this end he shall perform all necessary legal acts.

Alguazil-mayor and his deputies

86. Item:  We command that our alguazil-mayor of our Audiencia shall be maintained in all the honors and dignities which are observed in the case of the alguazils-mayor of our audiencias of Valladolid and Granada, and that he shall take the place and seat taken by our said alguazils-mayor.

87. Item:  We command that our said alguazil-mayor shall not farm out his office; and that he and his deputies shall observe the laws that deal therewith, and the oath that they take when admitted to office.

88. Item:  We command that our said alguazil-mayor shall have authority to remove from office his deputies and jailers whenever he sees fit, and that he shall have authority to appoint and shall appoint others again, first presenting them before the Audiencia.

89. Item:  We ordain and command that when our Audiencia shall depute any judge or commissioner of inspection [visitador] who shall need to take an alguazil, he shall take the deputy designated by our alguazil-mayor therefor, and shall employ him and no other—­unless in some special case the contrary shall be approved by our Audiencia, for just cause.

90. Item:  We command that our alguazil-mayor or his deputies, whensoever they shall be directed to arrest any person, shall do so and act accordingly without delay, concealment, or negligence—­under a penalty of forty pesos for every occasion on which they do the contrary, in addition to the damage and concern of the parties, and of that which has been adjudged and decreed.

91. Item:  We command that if a malefactor be found committing a crime they may and shall arrest him without a warrant.  If it shall be in the day-time, they shall take him immediately before the Audiencia stating the cause of his arrest; if at night, they shall put him in jail, and without delay on the following morning shall produce him before the Audiencia, as aforesaid.  They shall not venture to take any property from the person whom they arrest, on pain of being required to repay double what they have taken, for our treasury.

92. Item:  We command that our said alguazil-mayor shall not tolerate forbidden games of chance or notorious immoralities; and if in the performance of his duty he shall meet with resistance, let him immediately come and declare the same to the said Audiencia, and on Saturday of each week let him come and give an account and review of what he has thus done, under penalty of being required to pay four pesos for the poor of the prison in each case.

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