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.

102. Item:  They shall take no fees for the executions which it shall be their duty to levy, or which they shall levy, on the property or goods adjudged, or which shall be adjudged, to our treasury.

103. Item:  We command them not to take the money of those who are found gambling, except when they exact from them the legal fine, which they have authority to put in safe-keeping when they find them engaged in the said gambling.

104.  Further:  Let him take care to go by nigh and day through the public places to prevent disturbances and quarrels, on pain of suspension from his offices.

105. Item:  Let him take no fees for executions more than once for one debt, even when the party at whose instance the execution is made allows delay or continuance to the person against whose goods the said execution is made—­on pain of being compelled to pay the excess of the fees fourfold, to our exchequer.

Clerks of the Audiencia

107.  We ordain and command that the clerks [escribanos] of our Audiencia shall have no authority to appoint deputy clerks, administrative or judicial, in the cities, towns, and villages of the district of the said Audiencia, nor shall they employ therein such deputies.

108. Item:  The clerks of the said Audiencia shall be appointed by us and by no other person; and in all matters relating to the examination of witnesses they shall follow the rules of the audiencias of these our realms.

109. [Amount of fees for clerks, seal, and register must be endorsed on all documents.  Penalty:  two pesos to the court-room.]

110. [Official reporter’s [relator] fees must be endorsed and shown to party.  Penalty:  loss thereof.]

111. [Clerks to take testimony in person.  Regulations as to substitutes acting when clerks are prevented, and as to collection of fees.]

112. [Clerks’ and notaries’ records to be annually inspected by an auditor.]

113.  The said clerks shall enter in one order of court all the official positions which are provided for a village [i. e., of Indians], and on account thereof they shall receive no excessive fees.  Their fees shall be paid by the superintendents [calpiscas] of the villages.

114. Item: No Indians shall be granted in encomiendas by repartimiento to the clerks of our said Audiencia.  If they are so granted, the said clerks shall have no authority to keep them.

115-120. [Section 115 provides that appeals from the decision of the inspector of weights and measures of the city where the Audiencia sits are to be given preference.  Sections 116-120 contain provisions for promptitude and accuracy in the business of recording—­among others, that the pages of the record of a case shall run with serial numbers, and that notice of the number of pages and parts of pages be given to the parties.  The penalty for violation of each of these sections is two pesos for the court-room of the Audiencia.]

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