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The Audiencia in the Spanish Colonies

Note 34 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

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If an alcalde mayor or other inferior judge failed to comply with the instructions laid down for his guidance, or if he were guilty of an abuse in the administration of justice, he was held to account by the visiting oidor who was dispatched at regular intervals for the inspection of the provinces—and for the judicial scrutiny of the provincial courts. In cases of notorious injustice special pesquisidores, usually oidores, were sent at once for the correction of the abuse in question, at the expense of the offending officials.34 These, if found guilty of wilful disobedience, were punished in accordance with the gravity of their offenses. The audiencia had appellate jurisdiction in these cases.35 The visiting oidores imposed fines in accordance with a tariff which had been formulated by the audiencia and approved by the Council of the Indies.36 All fines levied by the audiencia, either upon officials or individuals could be remitted by the president with the consent of the acuerdo.37

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