Note 27 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

The first law providing for a special administrator was proclaimed at Valladolid on April 16, 1550. It stated that many of the heirs of persons who died in the colonies had been defrauded of their rightful dues by the carelessness, omission, illegal procedure, and usurpation of the ministers who had diverted the property to their own uses; this condition of affairs made reform imperative. Viceroys and presidents of royal audiencias, while retaining power of removal for cause, were commanded henceforth to name, at the beginning of each year, an oidor from the local audiencia to act as juez de difuntos.27 This judge was authorized to collect, administer, rent, sell, and have general supervision over the property of deceased persons to the same extent that the audiencia previously had. The acts of the judge were appealable to the audiencia of the district wherein he officiated. On December 15, 1609, a law was proclaimed by Philip III which extended the term of this judge from one to two years. The early laws provided no extra salary for the juez de difuntos. It was prescribed that his decisions should be respected by the audiencia and by the other officials of the government, the viceroys and presidents being especially instructed not to allow any other official to usurp his functions.