_An act decreeing the making of a book in which shall be entered
the decrees sent and to be sent by his Majesty to these islands,
in order that they may be observed and executed._
In the city of Manila, on the twenty-first day of the month of January,
one thousand five hundred and ninety-nine, the president and auditors
of the royal Audiencia and Chancillería of these Philipinas Islands
declared that, whereas the king our sovereign, by his royal ordinances,
ordains and orders a book to be made, in which to inscribe the decrees
that he has sent, and shall send, to these islands, and that it contain
an account of their execution: therefore, they thereupon ordered, and
they did so order, the said book to be made, and entrusted it to the
clerk of the court. He shall inscribe therein all the decrees that
the king our sovereign has sent and will send to these islands, so
that henceforth a detailed account of their observation and execution
shall be kept, as his Majesty orders. By this act they so provided,
ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_That interlocutory decisions shall be concluded at one demand from
each party._
In the city of Manila, on the twenty-first of January, one thousand
five hundred and ninety-nine, the president and auditors of the
royal Audiencia and Chancillería of the Philipinas Islands declared
that, whereas his Majesty ordains and commands by one of the royal
ordinances for this royal Audiencia, that interlocutory decisions
shall be concluded, in trial and review, at one demand from each of
the parties, and that the clerk of court receive [no] other demands:
therefore, in order that the aforesaid be exactly executed, they
ordained and decreed that the attorneys of this royal Audiencia shall
conclude the said interlocutory decisions in trial and review, at one
demand from each party, without giving or presenting more demands,
with the warning that any others presented shall not be admitted. The
clerk of court is warned in the present that he shall not receive
them under penalty of a fine of two pesos, to be employed as it shall
seem proper, and delivered into the charge of the collector of fines
of this royal Audiencia, upon whom the execution of the above shall
be most carefully charged. And they ordered it to be proclaimed,
and especially to the said attorneys. So they provided, ordered,
and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act providing that no proceedings shall be conducted in suits
between Indians, without a decree from this royal Audiencia._
On the twenty-first of January, one thousand five hundred and
ninety-nine, the president and auditors of the royal Audiencia
of the Philipinas Islands, declared that, whereas, in one of his
royal ordinances, the king, our sovereign, commands the aforesaid
president and auditors that, in suits and civil and criminal cases
between Indians, the usual proceedings shall not be conducted or
issued, except in cases decreed and ordered by an act of this royal
Audiencia: therefore, in order that the aforesaid shall be exactly
fulfilled, they ordained and decreed that it should be communicated
to the said attorneys of this royal Audiencia, that when, in the name
of any natives, they shall bring suits against other natives, before
bringing these suits they shall notify this royal Audiencia--in order
that, if thought best, they may be docketed, and if not, that the cost
and expense may be avoided. Those which shall be prosecuted shall be
docketed by formal decree of this royal Audiencia, and in no other
manner. They must strive to be brief and precise in everything. The
notaries both of this royal Audiencia and the other jurisdictions
thereof are ordered, in the collection of fees from said natives,
to employ great moderation, and to despatch their business promptly,
in order that all his Majesty's orders and decrees may be observed
and fulfilled. Moreover, they commanded that the aforesaid notaries
be notified of this act. So they provided, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the attorneys shall go, within three days, to
the office of the clerk of court, to settle suits that are concluded._
In the city of Manila, on the twenty-first of January, one thousand
five hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancillería of these Philipinas Islands declared that,
whereas, on account of the non-appearance of the attorneys of this
royal Audiencia at the office of the clerk of court for this royal
Audiencia, to settle and otherwise regulate suits and cases which are
concluded, in order that they may be reviewed and decided, there is
great delay in their revision and decision, so that the interested
parties are subjected to great harm and annoyance: therefore,
to remedy this, they ordered, and they did so order, that all the
attorneys of this royal Audiencia shall be notified that, whenever
the said suits are concluded, wherever they shall be brought, within
the three days first following they shall appear at the office of
the above-mentioned clerk of court, and there settle and dispose of
them, so that there shall be nothing wanting, and that they may have
the necessary despatch--being warned that, if they do not thus come
within the said term, the said clerk can settle the said processes,
and send them to the reporter for him to review them in court. And if,
by the said attorneys' negligence, the parties suffer any harm, the
said attorneys shall pay them for it in their persons and goods. By
this act they so declared, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the notaries shall not collect their fees
entirely from each of the parties, but that each one shall pay the
part he owes._
In the city of Manila, on the twenty-first day of the month of January,
one thousand five hundred and ninety-nine, the president and auditors
of the royal Audiencia and Chancillería of these Philipinas Islands
declared that, whereas it has come to their knowledge that both the
notaries and the reporter [_relator_] [2] of this royal Audiencia and
of the other jurisdictions of this court, collect fees for the trial of
suits and other acts thereof in entirety from each of the parties at
whose petition they may take action, saying that they should pay them
entirely: therefore, because the aforesaid proceeding is to the great
harm and damage of the parties, to make them thus pay what they do not
owe, and since the aforesaid evil should be remedied, they ordered,
and they did so order, now and henceforth, that the said notaries
and reporter, or either of them, shall not collect in any way, or in
any case, the fees owed by one of the said parties from the others,
but that each one shall pay what he owes. On account of not paying the
total fees, the party who would wish his suit to be tried, shall not
have it delayed; but, as soon as he has paid his share, his suit shall
be despatched with all celerity. And they declared that they charged,
and they did so charge, their consciences with this; and furthermore,
that whoever shall disobey this decree shall be convicted and sentenced
to pay a fine four times as great as the sum thus exacted, for his
Majesty's treasury, in addition to the fines which those who exact
excessive fees incur. By this act they so declared, ordered, and
decreed; and that this act shall apply to any person whom it concerns.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the attorneys shall not speak in suits wherein
they shall not have been authorized to do so._
In the city of Manila, on the twenty-first day of the month of January,
one thousand five hundred and ninety-nine, the president and auditors
of the royal Audiencia and Chancillería of these Philipinas Islands
declared that, whereas the attorneys of this royal Audiencia often take
it upon themselves to speak and make allegations in suits in which they
have no authority, and in which they have not appeared as parties to
the said case, certain nullifications can be created--for which reason
the said case may be brought again, and the parties thereto subjected
to considerable injury and expense: therefore, to obviate the said
injuries and other inconveniences of reconsideration, they ordered,
and they did so order, that, now and henceforth, neither the said
attorneys nor any one of them shall take it upon himself to speak,
nor shall they speak in any suit or case, unless authorized therefor
by the party in whose favor they shall speak, or unless he has proved
himself to be a party to the suit--under penalty that he who shall
disobey this decree shall incur a fine of four pesos of common gold,
as soon as he shall be judged guilty thereof; three of them to be given
to the royal hospital for Spaniards, and one to the bailiff in charge
thereof. And under the said penalty, the clerk of court is ordered
not to give any one of the said attorneys any suits or petitions,
unless empowered thereto by the parties concerned. By this act they
so ordered, declared, and decreed.