The Philippine Islands, 1493-1898 — Volume 11 of 55 - 1599-1602 by Unknown
page 46 of 293 (15%)
page 46 of 293 (15%)
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might be exactly fulfilled, they resolved and ordered that the
alcaldes-in-ordinary and the alcaldes-mayor and other magistrates and notaries, in suits of the Indians, shall observe their instructions and the following articles. First, when any Indian--whether man or woman--shall enter suit for liberty, or any other matter, against another Indian without giving a _traslado_, [3] the said magistrate shall order the Indian sued to appear before him and take oath as to the truth of the demands of the plaintiff. If he shall confess it, justice shall be done by settling the case; and if he deny it, the case shall be reserved for evidence within a short time, with obligation for publication and conclusion. The said magistrates shall order that, as soon as both parties name their witnesses, the latter shall be brought into court, and an oath taken from them to tell the truth, and they shall cause them to tell by word of mouth what they know. After they have thus testified, the substance of their depositions shall be recorded, in this form: "So and so of such an age, capable or incapable as a witness, said so and so under oath;" and the same shall be done with the other witnesses in the same order. The evidences of both parties being taken, and the time-limit having expired, a just finding shall be determined. If either of the parties appeal, the alcaldes-mayor shall hear them in the court of appeals; and the witnesses named by either party shall be subpoenaed, and shall give their evidence in the same form as set forth above, the case being admitted to trial within a short time, with obligation for publication and conclusion--at the expiration of which the process shall be sent to this royal Audiencia to be settled, the original parties being summoned for all trials, the time and place being appointed by the court. |
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