of appeal be given, under the condition that
the party who makes a second appeal must and do present himself before
us within a year after the original judgment has been communicated
to his attorney. Yet we desire and command that the judgment of
revision be executed notwithstanding such second appeal, the party
in whose favor the judgment was rendered giving first sufficient and
satisfactory bond that, if it shall be reversed, he will restore
everything which has been adjudged and given to him thereby, in
conformity with the judgment which has been pronounced by the persons
appointed by us. We also ordain that the cases which shall come up
on such second appeal must be presented as original cases before our
council of the Yndias, being left just as they were; but an official
report of the entire case is to be left in the possession of a clerk
of the Audiencia before which it has been tried, and the parties must
petition for such appeals before the Audiencia itself. Yet if the
judgment of revision which is pronounced in our said audiencias be
with regard to possession, we declare and order that no opportunity
is to be given for such second appeal unless the judgment of revision
is carried out, although it be contrary to that of the original trial.
7. _Item_: In the hearing and judging of said cases, either civil
or criminal, the decision shall be whatever meets the approval of
the majority; and should they be equally divided, two or three of
the judges shall choose, impartially and in whatever manner may
seem best to them, an advocate for the determination of the case
upon which they have disagreed. The decision of the majority must be
executed, even if this majority consist of but two. If there be but
two judges in the Audiencia, they are empowered to try and determine
all the said cases alone; if they can agree, their decision is valid,
and in case of disagreement, they shall choose judges in the manner
above described. If at any time there should be but one judge in
the Audiencia, he is empowered alone to conduct the proceedings in
all the said cases up to the point of rendering final decision. He
may make investigations and issue orders for arrest, and when the
affair is submitted for final decision, he may choose an assistant
judge satisfactory to him. He is empowered to pursue this same course
in cases of damage which cannot be repaired by definite sentence;
and in a civil case of two hundred pesos or less, he i
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