Page:The Philippine Islands, 1493-1803 (Volume 05).djvu/289

 33. Item: We command that when any person desires to bring any suit or action against any of our auditors he may do so before our said Audiencia, or before the alcaldes-in-ordinary, and he may appeal from the said alcaldes to the said Audiencia.

34. Item: We ordain that when any auditor is offered as a witness the Audiencia shall appoint a magistrate, in order that the rights of the parties may not be lost for want of evidence; and they shall give direction that he is to give his testimony, unless it shall appear that he is offered as a witness maliciously to prevent him from acting as judge in the case.

35. Item: We command that an auditor who goes on a tour of inspection shall receive no more fees than are ordained and commanded to be given him, and shall accept nothing from Indians or Spaniards except food, on penalty of repaying it fourfold.

36. Item: We command that our president of the said Audiencia shall try criminal charges against the auditors thereof jointly with the alcaldes-in-ordinary, notwithstanding the ordinance to the contrary.

37. Further, in case of inability of the president of the said Audiencia of such nature that he cannot carry on the functions of government, the Audiencia itself shall assume the government and do all that he had authority to do—the senior auditor filling the office of president, and taking charge of the other matters committed to the president until we make provision in some other manner.

38. Item: We command that our said president shall not have authority to give permission to the auditors of the said Audiencia to come to these realms without our express command.