52. Further: When the president and auditors shall be about to allot the lands, waters, watering-places for cattle, and pastures of any town, city, or village, among the persons who are to be settled therein, they shall do so with the counsel of the cabildos thereof, taking into consideration that in such allotments the regidors shall be preferred, provided they have no other allotments of arable lands or dwelling-lots. Let such allotments be made without prejudice to the Indians, retaining for them their arable lands, gardens, and pastures, so that all shall be cared for.
53. Item: We command that our president and auditors shall appoint no administrative or notarial official, or fill any other permanent office, even if it be vacant by resignation; nor shall they make such appointments in the interim before we appoint.
Ecclesiastical cases
54. Item: We ordain and command that our auditors of our Audiencia, in cases of unlawful procedure on the part of ecclesiastical judges[1] shall follow the procedure by and according to which in these our realms the audiencias of Valladolid and Granada proceed, without extending it further than is practised in our said audiencias.
55. Item: We command that our said Audiencia, governors, and other magistrates of their district
- ↑ Spanish, en los casas de fuerça hechas por jueces eclesiasticos. Fuerza is injury committed by an ecclesiastical judge in (1) hearing a case which does not come within his jurisdiction; (2) non-observance of rules of procedure; or (3) unjust refusal to allow an appeal. In such cases the aid of the secular courts may be invoked, by the recurso de fuerza; and thus cases were brought before the Audiencia, as above in section 7.—A. P. Cushing.
