Stamped paper of
the third class shall serve for all judicial acts and that which is actuated,
aside from justice, before our Viceroys, chanceries, Audiencias, courts
of justice, and any other judges or magistrates of the Indies; and whatever
the nature of the transcript may be, only the first sheet shall be written
on stamped paper of the third class, and the subsequent sheets on ordinary
paper.
On stamped paper
of the fourth class shall be written all appointments, all documents of
the Poor and of the Indios (native inhabitants), whether private or public,
if these should reduce their transactions to paper; provided, that in case
the stamped paper which would have been used is lacking this shall not
be the cause for nullification, because our intention and which has always
been, and is, to free them from any burden and hardship.
And likewise it
is our will that the instruments of appointments which are executed contrary
to the provisions of this, our law, shall not have any credence, shall
not be presented, either at trial or elsewhere, shall not give legal title
to litigants, because henceforth we annul them and render them void, subject
to the penalties and prohibitions herein to be mentioned.
And because by the
variations and change of the designs of the stamps their authenticity
is made more assured, we command that the stamped sheets bearing said stamps
shall not be valid nor be current in the Indies for longer than two years,
and that for the succeeding two years other stamps of such design as seems
most convenient shall be printed; and furthermore that no persons of any
station or rank may print or manufacture stamped paper, except those who
have our license for this purpose, nor shall they sell stamped paper without
the license of those commissioned for this purpose, which in each Audiencia
(Supreme Court) will be pleased to designate for all that which concerns
this matter, subject to whose responsibility and authority shall be placed
the sale and distribution of said stamped paper; and the persons who sell,
stamp or manufacture it contrary to that which is herein provided shall
incur the penalties which are stipulated for such offenses.
We have resolved
to put, as we hereby put, a fixed price on each of the said sheets of stamped
paper, to the end that they may be sold as follows:
-
Stamped paper of Class
1, which is issued in whole sheets, 24 reales.
-
Stamped paper of Class
2, which is issued in whole sheets, 6 reales.
-
Stamped paper of Class
3, which is issued in half sheets, 1 real.
-
Stamped paper of Class
4, which is issued in half sheets, 1/4 real.
And because in a matter
so useful for the general welfare brevity in the execution is desirable,
we ordain and command that the use of said stamps be executed perpetually,
and them be renewed every to years, and terminate (ceased to be valid)
at the end of them.
That each district
of the Audiencia where deputy treasurers must be appointed, there must
be a treasurer of entire satisfaction from when bonds must be taken – legal,
clear and insuring the deputy treasurer – in order that into his custody
there may go the stamped paper which may be remitted from these kingdoms,
and likewise all that which may result from it, with the condition that
what may result from this expedient must, and may, be subjected to the
authority of the officials of our royal treasury of the districts of said
deputy treasurer, semi-annually, noting that his (audit) must be done ins
such a manner and at such time that it may be sent to these kingdoms with
the galleons and fleets of each year. And because in this there must be
had the good account and order which is desirable, we command our said
deputy treasurer that each year, he may take accounts to the treasurer
which will be for his protection, putting into this the care and diligence
which is a matter so important may require. And because
in many parts of the said our Indies there is no money which can be adjusted
to the payment and satisfaction of the third and fourth stamps, in
consideration of their value being so low, we desire and it is our will
that it may be collected in the same form and manner as that preceding
from the Bull of Sacred Crusade is done.
And being attentive
to that much that the soldiers who reside in the provinces of Chile and
Philippine Islands serve us, and to their need and poverty, we have been
obliged for the general welfare to relieve them as much as possible. And
we command that, in all which may touch them in these provinces and islands
– they being ordinary soldiers, and in garrisons in the army -- they
can use, and execute documents on paper of the fourth stamp (class), which
is applied to official matters.
And because the
official documents (despachos de oficio) which are made and dispatched
in all our Chanceries, Audiencias and tribunals and any other courts are
many, and all are ordained for the good administration of justice and for
the benefit of the republics and (because) if it were necessary to
use for them the said sheets higher that the fourth stamp, that necessary
to pay the fees would be lacking to them in the scanty funds which they
have for expenses of justice: and agreeing that in such documents
this solemnity so important for their legality should not be lacking, it
is our will that all such documents be made on the said official fourth
stamp (el dicho sello cuarto oficio).
In consideration
of (the fact that), by accidents which may happen, errors are made in some
of the documents which are given by Viceroys, Chanceries, Audiencias (Supreme
Courts), tribunals, courts of Justice, and other courts of the said our
Indies, and it would be of much injury to litigants to require them to
pay the fees of the stamp two or more times: we have resolved that the
official notaries of our Viceroys or Governors, and the clerks of the high
courts of justice, licensed notaries public, and the rest of our notaries,
and any other officials of papers of the said Chanceries, Audiencias, tribunals,
courts, royal houses, and others, if errors are made in any document
in their offices on stamped sheets of the three stamps, the recepterea
or persons who, in each city, village
or place, may have been appointed for the appointment
and distribution of them, and the said receptor or person,
may receive them and in their place, give others of the same class, collecting
for each sheet which he may give in their place at the rate of one-half
real, and no more, which is the cost – which is suppose to have — of paper,
printing, transportation, and other expenses; and the said receptor will
be cleared, in the account which he may have to give, with those
of this kind — cancelled, effaced or signed — which return, according as
it is decreed; and if any documents were of secret matters, it will be
sufficient that there is brought the stamp and the inscription of such
sheets signed by the persons to whom they appertain.
In the cartas acordedas
(letters resolved by common consent) which may be displaced by our Viceroys,
chanceries, audiencias, tribunals, or other courts of justice, signed by
their presidents, associate Justices, and ministers, there
will used the paper of the fourth stamp; and In the rest of the letters
of correspondence which the said Audiencias, tribunals and courts of justice
may have by means of their official notaries, clerks of high courts and
others, or the associates justices which may be written by private
commission, there may be used common paper, or paper of the fourth stamp
which is applied to the official documents, as may seem best to them, and
the ministers with whom this correspondence is had may do the same.
And we command that
under one stamp not more than one instrument of one context may be written,
with declaration that this is not understood in the judicial records and
registers which remain In custody of the notaries before whom the (instruments)
may pass and be executed, which must formed entirely in sheets of the third
stamp, because in these must be written consecutively all the documents,
instruments, and contracts, of which a register ought to subsist, though
they are of different matters and persons, without leaving any blank, because
thus It is desirable for greater legality of the registers and judicial
records. [9] |