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: