Note 28 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

In case the juez de difuntos should fail to execute his duties, or should exceed his powers, it was the duty of the fiscal to bring the abuse to the attention of the audiencia, and that tribunal was supposed to see that the proper methods were enforced. The jurisdiction of this special magistrate was to extend to the settling of the estates of intestates, and of testates leaving property to persons in Spain. His authority was valid over the property of deceased officials, merchants, and encomenderos, and it might be extended to the cases of foreigners. He also assisted in the disposal of property left by clerics. When the latter died intestate, the proceeds of their estates were added to the fund known as the bienes de difuntos. No distinction was made between property left by them and that left by civil employees of the government or private citizens. If these priests had made testaments, it was the duty of the juez de difuntos to see that the property reached the donees without the interference of the prelates.28