the port of
Acapulco, to the commissary who dwells there, who is duly authorized
to act. If the prisoner be well-to-do, the commissary shall send at
least one hundred pesos' worth of his property, in order to pay for the
food that he needs during his imprisonment, and to meet the expenses
that he may incur during the journey; otherwise, the commissary shall
send whatever sum be may obtain from the property. Since these men
who are twice married are not a very dangerous class of people, the
commissary may in a case of flight exercise leniency, by allowing
them to come and present themselves under a sufficient security,
corresponding to their station and means.
21. A sequestration of property is very injurious to a person,
especially in the Indias, where all the value of property depends
upon its management. The commissary ought not therefore, in any
case, to do this; on the contrary, the arrested person shall permit
suitable provision for his property, according to his own preference,
entrusting it by means of an inventory to some person in whom he has
confidence. The latter shall bind himself, in due form, to be the
depositary of such goods as the prisoner may leave in his charge
on account of his arrest; and in such manner that it may not seem
to be a deposit or a sequestration by the Holy Office, but simply a
contract between two parties. This accomplished, the commissary shall
obtain very minute information about the station of the prisoner,
his mode of life, and the means and property that he may possess. If
he has any reason to suspect that either the prisoner or the person
to whom he has entrusted his property on account of the arrest, is
endeavoring to hide, or squander, or alienate the property, he shall be
careful not to allow such alienation or any other mismanagement of the
property; until the Holy Office, having examined his offense, shall
make suitable provision for a legal sequestration: for in punishing
a crime, the property of the guilty person is always regarded as
an accessory element, to be used in behalf of the person to whom it
shall belong after the culprit is released from prison.
22. Money for the prisoner's food, for the expenses of his journey,
according to his station, and for his bedding and clothes, must be
taken entirely from his estates; and if he has none, let such of
his goods be sold as will inflict least damage upon him, to the
amount necessary, at a public auction before a notary
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