The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 78
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The Southwestern Historical Quarterly
ordinarios appointed them.1 The alguacil was the executive officer
of the court and the police officer of the town. He usually had
tenientes and with their aid he executed the orders of the court,
be it alcaldia ordinaria, or audiencia.1 He policed the streets day
and night, and both his tenientes and his slaves were permitted to
bear arms for the execution of these duties.4 The alcaides and
the prison were under his charge and he could remove his tenientes
or the alcaides for legitimate cause." The justicias, escribanos, and
alguaciles jointly administered the justice of the district.6 The
alguacil was allowed to enter the cabildo bearing arms.7
The alguacil got a certain per cent of the executions that he
carried out, the exact amount varying from place to place." But
in collecting fines or other executions that accrued to the royal
treasury, he was not allowed to collect any fee,9 and he was not
permitted to rent his own office or that of his tenientes.10 The
alguacil mayor could not hold another office,1 could not be served
by alguaciles menores,12 nor engage in business.31 In public func-
tions, he was placed next to the gobernadores and justicias and
above the regidores.14
The alcaide had to reside in the carcel and look after it.';
The procurador was to be elected by the regidores in the regular
manner and not by cabildo abierto.16 (The cabildo abierto was a
town meeting, a junta magna. The use of the term "cabildo
abierto" here must indicate that there was a tendency toward the
election of certain officials by popular vote, but that this was opposed
by the Council of the Indies.) The procurador was to, assist in
the business transactions, "negocios" of the city, defend the city
before the audiencia or other tribunals, and secure for it justice
and the protection of its rights and pretensions.'7
The escribano was a sort of combined notary public and clerk
of court who wrote out and authorized by his signature autos and
15:7:1, 1559. 25:7:8-15, Carlos II. '5:7:16, 1540, 1552.
'5:7:8, 12, 16, Carlos II. '5:7:4, 1552. '5:8:33, 1568, 1635.
'5:7:6, 1566. 85:14:10-11, 1540 to 1583. '5:14:13, 1596.
1"5:7:5, Carlos II. "5:7:11, Carlos II. "5:7:3, 1568.
132:20:32, 1630. 143:15:84, 1563; 3:15:79, 1582; 3:15:80, 1610, 1618.
17:5:7, 1596. 1'4:11:12, 1623. 174:11:1, 1519 1528.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/87/: accessed June 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.