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THE PHILIPPINE ISLANDS
[Vol. 5

to the clerks of those cities where it shall need to be done. If there are no such clerks, our said Audiencia in the interim during which there are no official commissioners of examination [receptores][1] shall appoint therefor a suitable person.

18. Item: Our auditors in the exercise of civil and criminal jurisdiction shall receive no fees, or fines, or amercements, or anything under color of charges for sitting as assessors to the judges. The fines which they lay in cases where the law assigns any fine to the judge shall be for our exchequer and treasury, and for no other person. If the auditors take any of the aforesaid payments, they shall restore them fourfold.

19. Item: We command that when any governors, alcaldes-mayor, or other magistrates of the district of our said Audiencia shall fail to execute the writs and decrees which in our name the Audiencia shall send them, without showing that they have just cause to desist from the execution thereof, then in such case the Audiencia may send officials whose fees shall be at the cost of those guilty of disobedience, which officials shall cause the process of the Audiencia to be executed, notwithstanding the provision that the Audiencia shall not send out special judges of investigation [pesquisidores].

20. Item: Our Audiencia shall maintain those who have letters-patent of nobility or privileges of gentility in the said letters-patent and privileges. In other cases where claims of gentle birth are put forward, they shall not try them, but remit them to the

  1. A receptor is an escribano (clerk, or scrivener) who by special commission or authority from a tribunal proceeds to perform certain judicial functions.—A. P. Cushing.