the said action,
within the term assigned them, with warning that if they do not appear,
the case will be decided in their absence.
76. _Item_: We command that when anyone by his own authority shall
deprive another of the possession of the Indians whom he shall have,
our Audiencia, prohibiting the said violence and doing justice,
shall restore matters to the state in which they were before the act
was done.
77. _Item_: Let the president and auditors not permit any cacique or
chief to come to this country from those regions without our license.
78. Further: Our auditors, on two days in the week and Saturdays,
if they have no suits of poor persons before them, shall hear cases
of Indians against Indians. We command that the auditor who shall
go on a journey of inspection through the country shall have power
to try cases with regard to the liberty of the Indians, making report
before the Audiencia. Likewise the auditor who shall inspect the prison
of the Indians shall examine the witnesses by personal examination,
and not by report.
79. _Item_: Our president and auditors shall appoint a judge to allot
the waters to the natives for the period during which need thereof
may continue, whenever it may be necessary to do so, and no one shall
be permitted to molest them therein. The said judge shall come to the
Audiencia to give an account of what he shall have done, and he must
not come at the cost of the Indians. Our said auditors shall take great
care not to send a notary to take testimony [_receptor_] for light
causes, to the Indians' villages or elsewhere, except in a matter of
importance, and one in which there is great advantage in sending them.
_Fiscal_
80. _Item_: We command that our fiscal attorney of the said Audiencia
shall have no authority to appear as an advocate in any case; and that
he shall give his whole attention to what concerns us, our exchequer
[_camara_] and treasury [_fisco_]; and he shall swear accordingly
before our president and auditors. He shall serve in person, except
when he shall absent himself for some just cause for a short time,
with the permission of our president, and with his authorization for
cases prosecuted at a distance from the seat of our said Audiencia. Our
said fiscal shall take great care to see whether the decrees given and
the ordinances made are carried out, especially those dealing with the
instruction, conversion, kind treatment, and protection of the Indians.
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