Note 45 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

The juez de difuntos was frequently opposed in the exercise of his special jurisdiction by other officials of the colony. Many cases involving these conflicts of jurisdiction were appealed to the Council of the Indies. Among the most frequent were the quarrels which took place between the captain-general and the juez de difuntos over the question of the special military jurisdiction of the latter, and the claim of the juez de difuntos to administer the property of military and galleon officials. For example, on July 6, 1757, the juez appealed to the Council for jurisdiction over the property of a deceased galleon official on the basis of the rights conceded to him by the laws of the Indies;45 the governor claimed the right to administer this property on the ground that the galleon officials were appointed by him, and that they were held by the laws of the Indies to be under the military jurisdiction. This case was decided in favor of the juez de difuntos, and may be considered as having established a precedent for his subsequent jurisdiction over such cases.46