But we will and command that, notwithstanding the said second appeal,
the judgment which the Judges of our said _Audiencias_ shall have
given on revision be carried out, the suitor, in whose favour it is
given, first of all furnishing sufficient security and proof that,
if the said judgment be revoked, he will restore and pay whatever he
shall have been and will be awarded and granted by that [judgment],
according to the decision which shall be given by the persons to whom
the matter was by us intrusted. However, if the judgment on revision
given in our said _Audiencias_ should be on a question of real estate,
we declare and command that the second appeal shall not lie, but that
the said revised judgment, notwithstanding it be not in accord with
the judgment on [first] trial, shall be carried out.
We decree and command that the Judges to whom we may commit such a
suit on second appeal, do examine and decide the suit by the same
procedure as would have been followed in our said _Audiencia_, without
admitting new evidence or new charges, in conformity with the laws of
our kingdoms touching a second appeal.
And in order that our said _Audiencias_ may possess the necessary
authority, and that what is decreed and ordained by them may be better
obeyed and executed, we will and command that the letters, writs and
other instruments decreed by them, be issued and delivered in our name
and under our royal seal; and let the same be obeyed and complied with
like our own letters and writs signed with our Royal Name.
As in each of our said _Audiencias_ there are to be four Judges, we
decree that all four shall sit in suits for five hundred _pesos de
oro_ and upwards, and for the settlement of such a suit three votes
must be in agreement; but if the suit be for less than five hundred
_pesos_, we decree that two votes in complete agreement shall suffice,
the other two votes differing from one another. Up to the said sum of
five hundred _pesos_, in order to expedite business, two of our said
Judges may try, hear, and give judgment if they are in agreement.
Moreover, we decree that in whatever is not here stated or directed
our said Presidents and Judges of our said _Audiencias_ shall be
obliged to observe, and let them observe, the ordinances issued
to them by Us and the Rules of Court made for our _Audiencias_
established at the City of Grenada and the Town of Valladolid, and the
several benches of _Corregidores_ and Judges of _Residencia_, and the
laws of these our kingdoms and the commentaries and procedure relating
to them.
Moreover, we decree that the appeals which are referred from
Governors, where there is no Royal _Audiencia_, shall go before the
_Audiencia_ of that district and jurisdiction, and in such cases we
decree that the laws of these kingdoms which do not permit of a second
appeal be observed.
Public-domain text, read in full here on John Shaqi.
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