The Philippine Islands, 1493-1898 | Page 9

or lodged with them within a year; procedure on second trial.]
265-272. [Procedure in the assignment of commissions; cases accepted
must not be thrown up; requests of parties for summoning of witnesses
are not to be entered on the record; testimony is to be taken before local
magistrates, if so desired; rights of commissioners-in-ordinary and of
supernumerary commissioners to assignments.]
273. _Item_: A commissioner of inquiry may be appointed as soon as
there shall be two court clerks appointed, or even one, that possible
frauds may be avoided.
274-277. [Procedure in the event of challenge of commissioner;

procedure for appointment of commissioners within and without the
five leagues; oath of commissioner for outside cases; commissioners
and clerks to take down testimony themselves, with no other person
present.]
278. _Item_: No supernumerary commissioner shall be appointed
without being examined, and giving bonds for the administration of his
office. No dependent or member of a household of our said president
and auditors may be appointed to such commissionership, under
penalty that the clerk appointed contrary to this ordinance shall lose all
fees and salary for the time during which he shall occupy himself with
the commissionership.
279-280. [The number of lines on a page in a record of inquiry; the
number of words in a line; the excellence of handwriting required; the
dating of reports of examinations.]
Bailiffs
281-284. [The bailiff's [_portero_] duties; his fees those of the bailiffs
of the royal council; a lodging to be given him in the building of the
Audiencia; tardiness fined one peso; excessive fees to be repaid
sevenfold to the exchequer; presents for good news not to be
accepted--penalty, fourfold repayment to the exchequer; the bailiff to
enforce rules of precedence.]
Jail Wardens
285-286. [The warden [_carcelero_] shall accept no gifts from
prisoners or others for them; shall not oppress them, or relax their
imprisonment, or dismiss or arrest them without warrant; his oath.]
287. [His fees are those assigned to alguazils in the official table of
fees.]
288. [A separate ward must be provided for women.]
289. [Nightly inspection is required. If prisoners escape through the
warden's fault or negligence, he must suffer their penalty, or pay their
debt]
290. [A full record of the prisoner's name and the circumstances of his
imprisonment must be kept]
291. _Item:_ He shall not entrust the keys of the prison to any Indian or
black, on pain of being compelled to pay in his own person and estate
the damage and injury which shall follow from his having so entrusted
the keys.

292. [Warden and jailers are to have no business dealings or familiarity
with the prisoners, or eat or gamble with them.]
293. [The jailers must live in the prisons.]
294. _Item:_ There shall be a chaplain in the prison, to say mass before
the prisoners daily; and the ornaments and other things necessary
therefor shall be provided and paid for from the exchequer fines. The
jailer shall take care that the chapel or place where mass is said shall be
clean.
295. _Item:_ He shall cause the prison and the cells thereof to be swept
twice a week; and to be provided with clean water, so that the prisoners
may drink without paying any fee. No jail-fee shall be charged to boys
arrested for gambling, or to officials of our Audiencia arrested by order
of our president and auditors--under a penalty of a fine of four times the
amount, paid to our exchequer.
296. _Item:_ No permission or opportunity for gambling shall be given
in the jail, for money or other things except food. Wine shall not be
sold to the poor; or, if sold, shall be sold at the price it is worth, and no
more. No jail-fees shall be received from the poor under penalty of a
fourfold fine for our exchequer.
Interpreters of the Audiencia
297. _Item:_ We ordain and command that there shall be a body of
interpreters for our said Audiencia; and that before they are admitted to
exercise that office they shall swear in due form to perform their duties
well and faithfully, in declaring and interpreting the case or matter
committed to them, clearly and openly, without concealment or
addition--declaring simply the fact of the crime, business, or testimony
under examination. They shall likewise swear not to be partial to either
side, or to favor one more than the other, and not to accept any reward
for their service beyond the fee assessed and fixed for them, under the
penalty decreed for forswearers, and the damages and interests of the
parties, and a sevenfold return of the amount received, and removal
from office.
298. _Item:_ They shall receive no gifts or promises from Spaniards, or
from the Indians, or from other persons who shall have or shall expect
to have