Sello de Pobres
  • 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.
  • 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
  • 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]
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.