Sello de
Pobres
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Article 40: The paupers
(pobres de solenmidad) will use this stamp, and the official fourth class,
in the actions which happen to them, in which paper 1s exacted from other
(persons) proving that condition with information sufficient to establish
it, which shall be admitted on the same paper, restoring Its cost if it
is not declared.
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Article 41: The Indies
(Native Inhabitants), the ordinary soldiers who live by their daily pay,
the simple day laborers who are supported by their labor and do not have
property which yields them three hundred pesos a year, the widows and poor
employees who do not enjoy an income of more than four hundred pesos in
salary from the Government or in rent of any class, the convents and mendicant
orders which live by alms, the houses devoted exclusively to hospitals
and establishments of mercy and beneficence and the committees of charity,
shall enjoy this privilege.
General
Provisions
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Article 42: In the
use and application of the stamped paper there shall be kept very present
the disposition of the compiled Law of the Indies which is the 18th, title
23, book 8, with regard to the nullity and insufficiency which it declares
of every instrument which is written on improper paper, in as much as that
is a requisite which is added for substantial form to the rest, since credence
and validity of the document are exacted. [17]
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Article 43: In addition
to the nullity imposed and to the obligation of the compensation
of damages and injuries which are caused by them, the offenders will
incur the other penalties of the law; the fines which it fixes being understood,
in order that the impunity and toleration may cease, of fifty pesos for
the first time, one hundred for the second time, and two hundred for the
third time, adjudged by one third parts to the Royal Exchequer, Judge and
Informer, and besides the penalties proportionate to the irregularity of
position, as far as suspension and deprivation of office for judges,
attorneys, public defenders (defensores) and Notaries Public, in accordance
with the degree of maliciousness which precedes from them.
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Article 44: These penalties
will be made effective under responsibility by the Judge or Authority
before the documents or papers written on another stamp than that which
corresponds to them, are produced, because of being an incidence of the
principal business which must be finished shortly and
summarily. Moreover, if the offender is subject to another jurisdiction,
after pecuniary penalties have been exacted from him, he will be transmitted
to natural jurisdiction for the imposition of the other penalties, which
he may have incurred.
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Article 45: The same
will be practiced by the respective Treasuries when there are denounced
to them documents or protocols not adjusted to the instruction of stamped
paper, of which they shall take cognizance for the purpose of cleansing
the fault and exacting the prescribed fines, without prejudice to the Judges
and independent Tribunals officiating in the rest of the cases for
the correction of the abuses they may note in the discharge of their
obligations, which are those of preventing defrauding of
the Royal Treasury.
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Article 46: The Notaries
Public will take care to extend the documents of contracts, testaments
and the rest in the their registry, in continuation one after the other,
in the books which they have formed of the third stamp, just as it is ordered,
without leaving any blank.
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Article 47: But in
the first and successive copies, which it is necessary to extend on the
stamps which are specified, not more than one instrument of one context
may be written.
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Article 48: For the
purpose of avoiding funds, the Notaries will have the obligation of putting
at the foot of the contracts, appointments, and collections which they
prepare the day on which they are copied, and how they are copied on the
corresponding stamp, noting it likewise on the margin of the judicial records,
and attesting to it; all under the penalties declared.
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Article 49: If the
hidden testaments or codicils or the memoranda to which the testators
refer should be written on ordinary paper, after having been opened and
published, they shall be recorded by the Notaries Public in their register
and afterward the copies shall be delivered on the corresponding stamp.
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Article 50: In the
case of the Poor obtaining a favorable decision in a law suit concerning
property, care shall be taken to insert in the appraisements for
preferential payment the cost of the stamped paper which failed to be used,
and this shall be enforced by the notary who verified it, attaching to
the judicial decrees the receipt of the receiver. Add the same must be
practiced in the causes which may begin on official paper, if afterwards
defendants with property should appear and be condemned to pay the costs;
the appraisers taking care to send to the receiver (Receptor) [18] monthly
statement of the appraisements which they made the notation of the Court
or Tribunal, litigants and Notary Public before whom the caused passed,
in order that he may solicit the prompt reimbursement if there should
be any omission in this respect.
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Article 51: Every prosecution
(instancia) brief, representation, or exposition, which is exhibited without
being on the corresponding stamp, shall be returned without being dispatched
with an expression of the reason for which it was not admitted.
Article 52: The
documents of private obligations and contracts, if they were extended on
paper of the stamp corresponding to their amount, will have precedence
over all the personal credits and instruments which are not, classifying
them after public documents and giving them place among themselves in accordance
with their precedence, without by this, it should be clear, giving to private
orders (cedulas) and petitions (oscritos) mere force, credence or authority
than that which they have, and should have, by law.
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