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.

121. [The registers must be marked with a cross at the end of each year, under a penalty of thirty pesos to the exchequer.]

122. [If there is a supply of clerks, complaints must not be made before a clerk who is brother or cousin to the plaintiff.]

123.  The said clerks shall not ask or accept fees for the ecclesiastical cases conducted before the said Audiencia at the suit of the corregidors or judges of residencia, with regard to matters relating to the defence of the royal authority; or for the proceedings transacted before the said officers and the decisions rendered with regard thereto—­under penalty of a fourfold fine to our exchequer; and we command that our fiscal attorney shall attend such hearings with all diligence.

124.  Further:  They shall not write with abbreviations, putting “A.” for “Alonso” or “c” for “ciento,” under a penalty of thirty pesos for our exchequer.

125-138. [These sections direct accuracy and promptitude in various kinds of cases, with penalties for negligence.  They also give directions for avoiding extortionate or illegal fees.  Fiscal cases are exempt, as are cases involving any royal rights.  The penalties are two pesos for the court-room, for minor negligences; heavier fines for more important ones; damages to the party injured; compensation to the exchequer; a fourfold fine to the exchequer for wrongful fees; suspension or removal from office.  The most important section is the following:]

131.  The clerks and relators of the said Audiencia, in cases civil and criminal, shall receive the fees belonging to them, in conformity with the fee-list; and that this may be attended to and fulfilled accordingly, we command that henceforth the aforesaid and each of them shall enter on the record and documents in the case the fees that they are to receive from the parties, or from their attorneys or agents, both for the examination of the record of proceedings and the rest, stating specifically the amount that they are to receive and the items of charge.  This they shall attest with their signatures, jointly with the party in interest, or his attorney or agent, who is to pay the said fees, in such manner that both shall attest that which they are thus to receive for the said record of proceedings and pleadings.  If he who pays the said fees shall not be able to sign his name, let another sign for him.  When the case or affair is finished, the said clerk or relator, and the party, or his attorney or agent, shall swear that they have not accepted or given more fees for that case or affair than that which is there entered and signed; and that, if they shall accept or give more, they will enter and sign it as has been said.  The penalty of the first offense is a requirement to repay fourfold to our exchequer that which is taken otherwise than as herein ordained; for the second, the same penalty and dismissal from office; and if the party or the attorney shall give information that he has given moneys to the said clerk, and they shall not be endorsed as aforesaid, let him be believed on his oath as to the amount that he shall have given.

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