The Philippine Islands, 1493-1898 — Volume 11 of 55 - 1599-1602 by Unknown
page 47 of 293 (16%)
page 47 of 293 (16%)
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Second. _Item_: If the suit be a criminal suit, the complaint and
charge shall be received. If there is guilt, the person shall be arrested, and the prisoner's declaration taken. The charge shall be formulated against him, and the case admitted to trial within a short period, with obligation for publication and conclusion; and within the probatory limit the testimonies given in the preliminary process shall be verified, other new ones received, if there be any, and the defendant's plea taken. The time having expired, the case shall be decided. If any of the parties shall appeal, the original process shall be sent to the Audiencia; because in this way the said natives will avoid heavy expense and cost, and the cases will be more quickly decided. In criminal cases, no other form of process shall be used than that which is appointed for civil cases. Third. _Item_: If the suit be to the amount of three pesos, or less, the judgment shall be so summary that only the substance of the whole matter is to be written, together with the decision, in a report. The original shall be retained by the notary, and if either of the parties shall desire an authenticated copy, it shall be given them as a safeguard of their rights. And in suits for the said amount, only one real, and no more, may be collected between judge and notary. Fourth. _Item_: That if the judge shall attest the testimonies in any civil or criminal suit by flourishes and signatures that he may make, he cannot collect any fees; since there are none due him except for the acts that he shall draw up and sign. Fifth. In order that the said instructions be exactly observed and fulfilled, they declared that they order, and they did so order, the alcaldes-in-ordinary and the notaries-public to be informed thereof, |
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