executed
and carried into effect duly, without process of appeal, petition,
or any other legal remedy or recourse.
23. _Item_: We ordain that no one shall appear at the prison of our
Audiencia as an attorney, even though he have special power of attorney
therefor, unless he have information that his client is confined in
the prison, and shall swear that the judge who shall be trying the
case is distrusted by him with just cause. In such case our auditors
shall direct the judge to send them a signed transcript of the record,
in order that, after the transcript has been submitted, if it shall
appear that they should try the case, they may direct the transfer
of the record to the Audiencia. In such case they shall grant the
party a writ forbidding the judge to proceed further with the case;
and the prisoner shall appear at his own expense, providing good
security. Before the auditors have examined the record, they shall
grant no writ of injunction, temporary or perpetual. If, however,
the prisoner shall have appeared in person, and shall find that he
has a right to a trial in the Audiencia, and to a writ of injunction
against the judge who claims the right to try the case of to summon
the parties to appear to the charges, let them give the writ. Meanwhile
the prisoner shall be confined in the prison, and shall not be admitted
to bail until by means of the record the nature of the charge is made
evident in conformity with the laws of these realms which govern in
such cases.
24. _Item_: We ordain and command that our president and auditors
and the ordinary magistrates of our said Yndias, where there shall
be a mint, shall have jurisdiction over all crimes of falsification
of money committed by the moneyers although they be committed within
the mint. Accordingly, they may call the case before them, unless
the alcaldes of the said mint have anticipated them and begun to try
it. Likewise, our said president and auditors, with respect to the
mints in their jurisdiction, may appoint a person to report to the
alcaldes and officials of the said mints.
25. _Item_: We command that on Saturday of every week two auditors
in rotation, as the president shall assign them, shall inspect the
prisons of the Audiencia and of the town where the Audiencia may
be. There shall be present at the inspection the alcaldes, alguazils,
and clerks of the prisons, and our fiscal attorney. At the inspection
of the prison of the town or city the al
|