s empowered to
conduct alone an original trial or an appeal, as he may also do in
criminal suits for slander.
8. _Item_: We ordain and command with regard to civil cases appealed
from the alcaldes-in-ordinary of the city where the Audiencia may be,
or from the other magistrates within five leagues thereof, that they
may be appealed before the Audiencia; and if the judgment given by the
Audiencia in said cases be of two hundred pesos of the mines [_pesos
de minas_] or less, it shall be executed as if it were granted after
review, and there shall be no appeal therefrom, whether the said
judgment be in confirmation or in revocation.
9. [Technical directions for procedure in a case on appeal when the
appellant desires, after appeal, to add to the evidence taken at the
trial of first instance. Affidavits are presented on both sides before
the judge of first instance, an interlocutory decision is pronounced,
time is allowed for filing objections, and the record of the second
series of proceedings is added to that of the first.] [45]
10. _Item_: Whoever shall bring before our Audiencia a case on appeal
may appear before the clerk whom he chooses. The clerk before whom
he appears shall be required to notify our president and auditors
of such appearance, that they may assign the case so as to produce
equality among the clerks; and the same shall be maintained among
the suits begun in the first instance in our said Audiencia.
11. _Item_: We command that the judgments pronounced by our said
president and auditors for the region beyond the five-league limit,
and writs of execution and other writs, shall be given in our name and
with our title, royal seal, and record. Writs with seal and record
shall receive the fees which by our royal tariffs of fees for our
Audiencia have been commanded for them. The judgments pronounced
for the region within the five-league limit shall follow the form
of orders without seal or record, issued by our auditors, etc. And
these writs shall be obeyed and executed in the same manner as writs
and judgments sealed with our name and royal seal.
12. _Item_: Our president shall keep a record of votes, which he shall
swear to keep secret, and in which he shall enter, in brief form,
the opinions of himself and the auditors in all cases involving a
hundred thousand maravedis and upwards.
13. _Item_: We will that our auditors repeal no sentence of banishment,
nor allow writs of delay for debts; yet
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