ECONOMIC
AND ADMINISTRATIVE PART
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Article 53: The Quartermaster-General
of the Army, Superintendent-General Sub-delegate of the Royal Treasury
of the Island of Cuba, with presence of the rules proposed by that General
Administration of Revalues in the first fifty-one articles of its paper
of the 16th of April 1816, and of the change and amendment which some of
them retire with respect to the circumstances which have supervened from
the creation of new treasuries (intendencias) in the provinces
of Cuba, and Puerto Principe and aggregation of this department with
its principal Ministers and with the General (Ministers) of
the Royal Treasury of Havana, will formulate the Instruction he believes
adequate to the object of assuring and of making uniform, the good government
and justice in the receipt, remittances and sale which are made of the
sheets of stamped paper, instructing recommendations for it by the
council of said general Ministers and of the Tribunal of Accounts,
and he will circulate it for its punctual observance in the provinces
and dependencies of ther district.
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Article 54: In
order that the Judges, Notaries Public, Public Defenders, Capitanes de
Partido (Captains of Interest) and the other Ministers may be relieved
of the responsibility which may result to them in the use of the paper
of the stamp which does not suit, because of not having it appropriate
paper, they will cause its value to be delivered to the treasuries;
and taking receipt of the “expendedores” [18] will attach
it to the papers to which it pertains.
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Article 55: It being
provided by law that by no Judge or Minister may ordinary paper be made
valid for stamped paper or (stamped paper) of one biennial period for another,
when it is lacking of it is difficult to obtain it, there shall be given
to the Sub-delegate Superintendency, with the necessary anticipation, the
notice which the Ordinance for Treasurers (Ordinanza de Intendentes)[19]
advises,
so that it may permit the surcharge of that which may be necessary
under the prescribed rules.
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Article 56: In this
case, if the surcharging should be reduced to converting ordinary to stamped
paper, there shall be put at its head a stamp such that it may be valid
for the years specified) in like manner, it should be (paper of) a previous
biennial period; and if it should be only of one stamp for another, for
example, the fourth, there shall be put: “Valid for the Official
Fourth Stamp (Valga para sello Quarto de Oficio), the Governor or Chief
who is ordained for it politically (el le politico), the respective treasurer
(Intendente) or Sub-delegate, and the Minister or Treasurer of the Royal
Treasury affixing their rubrica in all those cases, according as it is
ordered and practices.
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Article 57: The surcharging
having been accomplished in this manner, the Treasury shall make entry
in the royal book of the number of sheets surcharged, with notation
of their classes, and the lot shall be sent certified through the Treasurers
of Superintendent, so that it is clear and the proper account is taken
In the Tribunal of Accounts.
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Article 58: In the
provincial capitals and large towns in which receptores of stamped
paper may be indispensable for its frequent issue and so that it is not
rendered difficult for those interested at any hour of the
day, those necessary shall be appointed at the established
percentage of that which they may sell, under the responsibility and bonds
which serve to the satisfaction of the principals in charge.
In other towns it shall be that respective Administrations
of Revenues; and in the distant parts it shall be constituted
in the manner already indicated, in order to remove every pretext of not
using the corresponding paper because of not having it at hand or because
of its acquisition being difficult.
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Article 59: The official
(paper) shall be issued even on holidays for that which may occur of its
class, and not even during extraordinary hours of the night shall the expendedores
(sellers) be excused from delivering that which is asked for its price,
at the order of any Judge or Authority who requires it for the exigencies
of the service.
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Article 60: In no receptoria
(receiver’s office) shall there be received other used (closed) sheets
than those of the first four stamps which may have been spoiled when the
appointments. Instruments and judicial acts were formed or extended, and
in no case these whose first leaf may have been completely written upon.
The return in such case shall be made with the requisites and in the terms,
which the municipal law orders.
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Article 61: Neither
shall there be received those in which the error in writing may have been
verified if the instrument is complete with the counter-signatures and
subscriptions which close it, those which may come to dirty; nor the sheets
or halves which in disputed matters are signed
by the lawyers or attorneys, nor those which are found with decrees or
judicial orders (autos) of the Tribunals or Councils, because all these
are not spoiled (mistaken) by haphazard or accident, and to admit them
would cause frauds and abuses.
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Article 62: It being
obligatory to observe the established rule for the receipt of the exact
stamps of the same first four classes, none should be received by the ordinary
Courts and public officials, except only those which are mistaken by accident
in the dispatches (despachos) of the Audiencias, Governments, Captain-Generals,
Superior Councils, Treasuries, and higher Tribunal of Accounts, provided
that they are signed by the Clerks of a High Court, Secretaries and Officials
of papers of the same Tribunals and Courts, to whom only this trust is
permitted.
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Article 63: At the
end of a biennial period, should there result a stock of stamped paper
in the Tribunals and offices and in the possession of person who may have
taken it for use, they shall return it to the person in charge of the expendio
(issuing office) during the first fifteen days of January, and shall receive
an equal number of current sheets in exchange; the limit having passed
they cannot be admitted and the persons with whom they may be found shall
be punished with the penalty established in Article 34, and doubled if
he should be a notary, without prejudice to the other penalties proportioned
to that of the degree of maliciousness which may
be proved, as far as that of does it, if they should
arrive at making an unlawful use of the paper.
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Article 64: After the
opportune measures shall be taken in order that the current stamped paper
may not be lacking at any time in the dominions of the Indies and in each
one of their districts, if nevertheless by some unforeseen accident it
should come to be lacking, the re-stamping of the sheets or reams which
are estimated sufficient will be undertaken under the rules and with
the formalities established; for which purpose there shall be reserved
from the surpluses of the preceding biennial period the number necessary,
and no more, preceding to render useless the stamp of the remaining
stock in the warehouses, which afterwards shall be destined for cartridges,
office supplies, sale, or other uses from which some profit for the Royal
Treasury may be taken; by which means, in addition to all suspicion and
occasion of fraud and substitution of public instruments being removed
the administrators and receptores (receivers) may be relieved from
the liability which is consequent to an indefinite retention of those assets
which must be charged in their accounts, and the department of the expenses
which the shipments to great distances of such surpluses would occasion,
and of the chance that it could not be indemnified by the uses to which
they might be applied.
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Article 65: In order
that in the event of a new reign the stamped paper of the anterior maybe
valid, it shall be subscribed, putting beneath the stamp: ‘’Valid
for the reign of the Sir Den ______” and “Years of
______” (Velga para el reine del Sr. D______” and “Años de ______*)
with the rubrica, be means of a die (estampilla).
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Article 66: To no Tribunal,
Judge, Office, Public Minister, or person who may use the official
paper shall it be issued freely without first paying its value in cash,
notwithstanding any order or custom to the contrary, which should be
left without effect; since with that
intent it was ordered in the Royal Order of the 26th of February
of 1784, and it is reiterated, that all the secular
Judges, with whom are included those of the Royal Treasury,
may create a fund for expenses of justice whence it may be deducted.
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Article 67: in all
the offices and dependencies to which these matters must extend there shall
be copies of ~ this Instruction for their general knowledge and observance,
so that it may be fulfilled by all the Judges and Authorities.
For that it reason
I ordain and command my Viceroys, Captains-General, presidents. Regents
add Auditors (Associate Justices) of my Royal Audiencias (Supreme Courts)
Governors, Treasurers, Corregidors (provincial Magistrates), provincial
and municipal Judges; and the other Judges and Courts of all the cities,
towns and places of my dominions of the Indies, adjacent Islands, and of
the Philippines, and I ask and charge the Very Reverend Archbishops, Reverend
Bishops and Venerable Deans and Chapters (Cabildes) of the metropolitan
churches and cathedrals of the same, that they fulfill and execute and
cause to fulfill and execute, each one in the part which touches him, that
provided in this my Royal Cedula, ordering to that end its publication
and circulation which therefore is my will. Date in the Palace on
the 12th of February of 1830, - I, the King. [20] |
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