The Philippine Islands, 1493-1803 — Volume 5 of 55 - 1582-1583 - Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Show by Various
page 263 of 287 (91%)
page 263 of 287 (91%)
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heavier fines for more important ones; damages to the party injured;
compensation to the exchequer; a fourfold fine to the exchequer for wrongful fees; suspension or removal from office. The most important section is the following:] 131. The clerks and relators of the said Audiencia, in cases civil and criminal, shall receive the fees belonging to them, in conformity with the fee-list; and that this may be attended to and fulfilled accordingly, we command that henceforth the aforesaid and each of them shall enter on the record and documents in the case the fees that they are to receive from the parties, or from their attorneys or agents, both for the examination of the record of proceedings and the rest, stating specifically the amount that they are to receive and the items of charge. This they shall attest with their signatures, jointly with the party in interest, or his attorney or agent, who is to pay the said fees, in such manner that both shall attest that which they are thus to receive for the said record of proceedings and pleadings. If he who pays the said fees shall not be able to sign his name, let another sign for him. When the case or affair is finished, the said clerk or relator, and the party, or his attorney or agent, shall swear that they have not accepted or given more fees for that case or affair than that which is there entered and signed; and that, if they shall accept or give more, they will enter and sign it as has been said. The penalty of the first offense is a requirement to repay fourfold to our exchequer that which is taken otherwise than as herein ordained; for the second, the same penalty and dismissal from office; and if the party or the attorney shall give information that he has given moneys to the said clerk, and they shall not be endorsed as aforesaid, let him be believed on his oath as to the amount that he shall have given. |
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