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The Audiencia in the Spanish Colonies

Note 1 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

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The laws of the Indies empowered the president of the audiencia to designate oidores to serve on these commissions. Additional compensation and travelling expenses were given for these extra services.1 The president was forbidden to send magistrates on commissions to places outside the district of the audiencia, which, of course, would have been impossible in the Philippines. Appointment to some of these commissions was considered by the magistrates as highly desirable. Frequent disagreements arose over these appointments, and the king was obliged to issue pacificatory cédulas, from time to time, to allay the discord and strife which arose over the appointments to the more lucrative of these places. The principle was laid down repeatedly that special commissions should be assigned fairly among the ministers, and that in their distribution only the aptitude of the magistrates for the particular tasks should be considered.2 The term of service for these special posts was a year. No change was allowed in the incumbency of a particular commission unless on account of death, sickness, or removal for incompetency. Appointments to these extra duties were made in the royal name, and appointees were obliged to make reports to the court on the termination of the commission held. Magistrates were held responsible for their service in this capacity in their residencias. In large audiencias such as Mexico, Lima, and Buenos Ayres in the eighteenth century, many commissions of this character were served by regular commissioners who held no other posts, but in the smaller colonies such as the Philippines, Puerto Rico, and Cuba, they were held by oidores when the duties connected with the commissions did not entail sufficient work to occupy all the time of the appointee.

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