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.
Before me: Pedro Hurtado Desquibel
An act decreeing that the evidence that the clerk of court cannot take be entrusted by commission of this royal Audiencia, and assigned by the members thereof, to the notarial commissioner of examinations.
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 the Philipinas Islands declared that, whereas, conformably to the royal ordinances, all the evidences in suits and cases pending in this royal Audiencia, are committed to the clerk of court; and whereas, on account of the volume of business incumbent upon his said office, he cannot receive them all, and commits them to the notaries: therefore, because the aforesaid taking of evidence cannot be done unless authorized by this royal Audiencia, under the direction of its members, they ordered, and they did so order, that in regard to evidence which the said clerk of court cannot take immediately in interrogatories and petitions, by virtue of which such evidence must be taken, an act be passed by which his duty may be committed by this royal Audiencia and assigned by its members to a commissioner of examinations, the latter to receive and examine the said evidence, and to take the oaths of witnesses thereto. The said commissioner shall give a receipt to the parties for the fees which he shall collect from them for said evidence, and at the foot of the evidence he shall in like manner sign his name. The clerk of court shall not receive any fees for such evidence; and under no circumstances whatever shall the said evidence be taken in any other way, except as herein stated, under penalty that evidence given in any other way shall be null and void; and the commissioner receiving it shall incur a penalty of one hundred pesos of common gold, as soon as he shall have been judged guilty, the fine to be applied in equal parts to the royal treasury and court-rooms of this royal Audiencia. By this act they so declared, ordered, and decreed.
Before me: Pedro Hurtado Desquibel
An act decreeing that the officials of this royal Audiencia shall give bonds at the beginning of every year, and that likewise, they shall give them for the time during which they have already held office.
In the city of Manila, on the twenty-first day 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, in order to conform to the decrees and provisions of his Majesty, and to be just with the parties entering suits, the officials of this royal Audiencia are under obligation to give bonds that they will undergo residencia for the right exercise and discharge of their duties, at the beginning of each year: therefore, because hitherto they have not given bonds for the time while they have exercised their said offices, and because they should give them, both for the aforesaid time and for the future, they resolved and ordered that the commissioners of examination, attorneys, assessor of taxes, collector of fines, deputies of the alguazil-mayor, and the prison warden of this court, shall each one of them, within fifteen days after being notified of this act, give safe and reliable bonds, before the undersigned clerk of court, that they will undergo residencia for the use and exercise of their offices, and pay everything which may be adjudged against them in the matter, and also in the suits which may be instituted against them. They are also warned that after the said term of office has expired, they shall exercise the said offices no longer, which shall be immediately declared vacant, and other persons appointed thereto. Likewise, within the said term and under the said penalty, they shall give bonds for all the time during which they have already exercised the said offices in the royal Audiencia, for which they have not given them. In the future, they shall be notified and ordered to renew the said bonds at the beginning of every year, under the said penalty. By this act they so provided, enacted, and decreed.
Before me: