The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 80
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The Southwestern Historical Quarterly
there rather than in the casa de cabildo.28 Their duties were many
and very important. They took the testimony of witnesses and
thus to a slight extent, at least, served as a preliminary court.29
They served papers on persons for the court,30 and conjointly with
the governors, justices, and alguaciles carried on the administra-
tion of justice."1 The proof in cases pending before the audiencia,
was to be in the hands of the escribanos of the pueblo from which
the case came, except where special receptores were appointed by
the court for that purpose.32 In cases involving less than twenty
pesos the escribanos were to make no record of it, receive no papers
or petitions from the lawyers, and charge the litigants no more
than half a, peso each.33 All papers, judicial records and registers
passed to the succeeding escribano,84 and in case an escribano de
camara absented himself he had to leave his records and registers
with the escribano de cabildo.83 All papers and records of the
escribano had to be written out in full.36
The escribano was to have a separate register in which to keep
a record of the things and amounts deposited with or before him.7
The escribano de cabildo also had to have a book to record the
guardianships and estates put in the hands of guardians, together
with the bond given by the same.38 In case of an appeal from an
interlocutory decree of a lower court, the escribano de ni'mero of
the resident city of the audiencia had to go the next day to the
court appealed from to secure the facts and make a report to the
audiencia." The method of appeal was to have some escribano
bring the case before the higher court."0 The escribanos and re-
ceptores examined witnesses on request or as a part of their official
duty in both civil and criminal and in summary and plenary
285:8:38, 1615. '22:15:91, 1587; 5:8:34, 1562, 1596.
802:15:90, 1587. 1'5:8:33, 1568, 1635.
822:15:91, 1587; 5:8:34, 1562, 1596. 885:10:1, 1563.
845:8:18, 1557. 855:8:19, 1570, 1614.
85:8:21, 1595. "Los Escribanos guarden y tengan siempre en su poder
registros de todas las escrituras, autos, e informaciones, y todos los demas
instrumentos publicos, que ante allos se hicieren, y otorgaren, sin embargo
de que digan, y consientan las partes a quien tocaren, o sus Procuradores,
que no puede registro, pena de un afio de suspension de oficio, y diez mil
maravedis para nuestra Camara." 5:8-16, 1572.
85:8:15, 1568. 885:8:6, 1581, 1586. 8D5:8:22, 1595.
405:12:28, 1563. "5:8:35, 1596.
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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/m1/89/: accessed April 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.