« PrejšnjaNaprej »
wishes to go
livered to the municipal fund of the place where the person fined belongs, or they may sentence to
But with respect to such faults as have penalties assigned to them by law, the existing laws
Ant. 4. They will hear complaints against the functionaries of the government of the district, and they may in their own authority impose upon them a fine of the amount of thirty dollars, to be applied to the municipal fund of the place to which the person fined belongs, for faults cognizable by government; but in case they should consider that said functionaries should be suspended, they will inform the Governor for him to determine what may be convenient.
ánt. 5. They will resolve on their own authority the doubts which may occur respecting the election of Ayuntamientos, and accept or not the resignations of the members thereof, and the Justices of the Peace ; but the parties interested will nevertheless have the right to appeal directly to the Governor.
Art. 6. Should any one consider himself wronged in any of the three foregoing cases, he may appeal to the Governor, who will definitively decide what he may consider just.
ART. 7. When public tranquility or the investigation of some crime makes it necessary, they may give a written order to search certain houses, and to arrest any person ; and without this requisite they will order the culprit in fragante to be secured, but in both cases they will within three days place the person arrested at the disposal of the competent judge, to whom they will manifest in writing the cause of the arrest.
ART. 8. With the consent of the Governor they may order idle vagabonds who have no known
Art. 9. They will incite the tribunals to render prompt and upright justice, informing the
Art. 10. They will take particular care that common schools be not wanting in any of the towns of the Department.
Art. 11. They will scrupulously take care that the masters and mistresses not only possess V the necessary instruction, but they also be of good moral character, the circumstances of the place being taken into consideration.
Art. 12. Should the want of funds prevent the establishment of schools, they will apply to the Governor that lie may make it known to the Departmental Legislature.
Art. 13. They will propose to the Governor whatever measures they may judge proper for the encouragement of agriculture and all the branches of industry, instruction, and public beneficence, and for the execution of new works of public utility and for the repairs of the old ones.
Art. 14. They will by their own authority and agreeable to the laws, regulate the distribution of common lands in the towns of the district, provided there be no law suits pending in the tribunals respecting them ; the parties interested having the right to appeal to the Governor, who in concert with the Departmental Legislature, will decide definitively what may be most convenient. (1.)
Art. 15. They will cause the Sub Prefects, Ayuntamientos, and Justices of the Peace to comply faithfully with their respective obligations, and see that they do not exceed their authority.
Art. 16. In the administration and expenditure of the funds of the towns, they will exercise the supervision which may be granted to them by the ordinances of the Ayuntamientos,
Art. 17. They will appoint the Sub-Prefects, sending the appointments to the Governor to obtain his approval.
ART. 18. Should not the Governor's answer arrive in time, owing to the loss of the mail or any other cause, the person appointed will take his situation on the 1st of January in which the periodical renovation takes place, without prejudicing what the Governor may resolve.
Aut. 19. They will also name the Justices of the Peace of the District, to be proposed to them by the Sub-Prefects of the different towns, observing what is ordered in the two preceding articles.
Art. 20. The Prefeets will communicate their appointments to the new Sub-Prefects in an official letter, of which they will also send a copy to the former ones, that they may likewise officially inform the authorities of the towns.
Art. 21. In the same manner they will communicate the appointments to the new Justices of the Peace and to those who have ceased, that these latter may inform all whom it may concern.
(1.) This distribution has referenence only to temporary use and occupation. Common lands cannot be sold without legislative authority, but municipal lands, with certain restrictions, may be sold by the Town Councils.
Art. 22. They will require from the military coromandant the necessary force for the preservation or re-establishment of public tranquility and for the security of the roads.
Art. 23. The Prefects on taking possession of their situations will receive by inventory all the documents, laws, decrees, orders and other papers belonging to the Prefect's office, and will in the same manner deliver to their successors, they being responsible for any loss of said documents.
Art. 24. They shall be the ordinary channel of communication between the Governor and the Subaltern authorities of the District; and whatever representations may be made by the latter to the former must be accompanied with their remarks (information.) Their ordinary place of residence shall be the chief town of the district, unless under particular circumstances, the Governor may determine otherwise with the consent of the Departmental Legislature.
Art. 25. Whenever they may think proper they will consult with some competent judge, (Juez de letras) who is bound to give his advice.
ART. 26. The Governor in concert with the Departmental Legislature, and bearing in mind the different circumstances of the districts, will propose to the President of the Republic the salary which each Prefect ought to enjoy, but this must not exceed $2500 per annum.
Art. 27. Each Prefect shall have a Secretary, which he may appoint and remove at pleasure, who shall have a salary of $700 per annum. Neither the Prefects nor their Secretaries can ask or receive any emolument or fee for any kind of business connected with their offices.
Art. 28. The Prefects on entering on their duties will make oath in presence of the Ayuntamien to of the chief town of their district, or if there be no Ayuntamiento, then before a Justice of the Peace.
Art. 29. The Secretaries will take a similar oath before their respective Prefects.
Art. 30. The Sub Prefects have the same faculties and are subject to the same obligations of the Prefects in their respective localities, but in all their official duties they are subject to the direction of the Prefect of their District. They can however of their own authority impose a fine of $50 or sentence to eight days labor on the public works in the same manner and under the same restrictions as the Prefects
. On entering upon the duties of their office they take a similar oath, and are allowed $365 per annum for stationery &c., which is the only salary they receive; they however are not prohibited from receiving fees.
of the Ayuntamientos.
Art. 1. The Capital of the Department, Ports with a population of 4000 inhabitants, Interior Towns of 8000 inhabitants, Towns which had Ayuntamientos previous to 1808, and those to whom this right is given by special law, shall be entitled to Ayuniamientos or Town Councils.
Art. 2. In order to form a quorum for the transaction of any business, more than one half of the members must be present.
Art. 3. The number of Alcaldes, Regidores, and Sindicos will be fixed by the Departmental Legislature in concert with the Governor, but the first must not exceed six ; ihe second, iwelve ;, and the third, two.
Art. 4. The Alcaldes are to be removed every year, half of the Regidores the same, and when there are two Sindicos one of them, the first appointed to be first removed ; when there is only one Sindico he must be changed every year.
Art. 5. The Alcaldes, Regidores, and Sindicos may be re-elected indefinitely, and no one can refuse to serve without a just cause, approved by the Governor or Prefect, or in case of re-election, when two years bave not expired, or if within the same period they have acted in any other muni. cipal situation, or as Sub Prefect, or Justice of the Peace.
Art. 6. In case of the death or incapacity of any of the members of the Ayuntamiento, others may be elected to supply their places, unless the vacancy should occur within less than three months of the close of the year ; in which case the periodical time must be waited for.
Art. 7. If the newly elected should be an Alcalde, he will take the place that was vacant; if a Regidor or Sindico, he will occupy the lowest place, and the others will ascend according 10 the order of their appointment, until the vacancy be filled up.
Art. 8. In case of the suspension of an entire Ayuntamiento, or part of one, the Ayuntamiento of the preceding year will take its place in the whole or in part as it may happen.
Art. 9. The following persons cannot be members of Ayuntamiento: officers appointed by Congress, by the General or Departmental Governments, the Magistrates of the Supreme tribunals, the legal judge of the lower court (de primera instancia ;) Clergymen, Directors of Hospitals, or other chartible institutions.
Art. 10. The Ayuntamientos, under subjection to the Sub-Prefects, and through them to the Prefects and Governor, will have charge of the police, health, comfort, ornament, order and security of their respective jurisdictions.
Art. 11. 'They will consequently take care of the cleanliness of the streets, market places and the public squares.
Art. 12. They will see that in each town there be one or more burying grounds conveniently located.
Art. 13. They will watch over the quality of all kinds of liquors and provisions, in order that nothing unsound or corrupted be sold.
Art. 14. They will take care that in the Apothecary shops no rancid or adulterated drugs be sold, to which end they may appoint intelligent persons of the faculty to examine them.
Art. 15. They will see that marshes be drained, and that stagnant and unhealthy waters be made to run off, and that everything which tends to injure the health of men or cattle be removed.
ART. 16. They will likewise take care of prisons, hospitals, and establishments of public benificence which are not of private foundations.
Art. 17. The moment that any prevailing sickness makes its appearance in the district of the Municipality, the Ayuntamiento will inform the Sub-Prefect, or should there be no Sub-Prefect, the Prefect, in order that through his means, the necessary assistance may be administered, but this will not prevent the Ayuntamiento from taking in the mean time the necessary steps to cut off or restrain the evil in its commencement.
Art. 18. Mith this laudabe object, they will name a committee of charity, composed of a Regidor or Alcalde, a Sindico, a Physician should there be one in the place, and two residents of more, should the Ayuntamiento think it necessary, according to the extent of the place and the duties to be performed.
Art. 19.* The Ayuntamiento will remit semi-annually, to the Sub-Prefect, or in default of him to the Prefect, that he may forward it to the Governor, an account of the births, marriages and deaths in each of these periods, wbich must embrace all its district, and mention the sex, age, disa eases of which they may have died, keeping in its records a copy of this document.
Art. 20. In order to obtain these data, they may ask them of the parish curates, the Justices of the Peace, the municipality, or any other persons or corporation capable of furnishing them.
Art. 21. In order to attend to the ornament and comfort of the towns, they will see that the market places, be well distributed, and that every obstacle, tending to hinder them from being suf ficiently provided be removed.
ART. 22. They will take care of the preservation of the public fountains, and see that there be abundance of water for men and cattle.
Art. 23. They will likewise endeavor as far as possible, to have the streets straight, paved and lighted, and that there be public walks and abundant plantations, for she beauty and health of the towns.
Art. 24. It belongs to them to procure the construction and repairing of bridges, cause ways and roads, and to encourage agriculture, industry, trade and whatever they may consider useful io the inhabitants.
Art. 25. At the junction of different roads, they will place inscriptions pointing out the respective directions and distances to the nearest towns.
Art. 26. It belongs to the Ayuntamientos, to make contract for all kinds of diversions, licence having previously been obtained from the first local political authorty.
Art. 27. The products from these contracts must be paid into ihe municipal funds.
ART. 28. If the regulations of police and good government should not embrace all the measures which the Ayuntamientos may consider necessary for the preservation of order and the security of persons and property, they may propose to the Governor whatever others they may deem convenient, in order that those which may appear just may be adopted.
Art. 29. They will see that in every town there be a safe and commodious prison, that in said prisons different departments be found for persons arrested and for prisoners, and they will take care that the latter be usefully employed.
Art. 30. They will pay careful attention to the establishment of Common Schools in every town, the masters and mistresses of which must be paid out of the municipal fund, and they will not only be careful to appoint proper persons, but io see that at all times they continue to be of good conduct and sound morals.
Art. 31. They will distribute with all possible impartiality, the municipal duties imposed apon the citizens, guiding themselves by the existing laws, or by such as may hereafier be made.
Art. 32. They will watch over the arrangement of the weights and measures, agreeable to the laws on the subject.
Art. 33. The Ayuntamientos, and every one of their members, whenever they may be called upon by the Prefect, Sub-Prefect, and Alcaldes, will render every assistance towards carrying into execution the laws, decrees and orders, and the preservation of public order.
Art. 34. They will have the administration and expenditure of the municipal funds to manage, being guided by the ordinances relating thereto, and having in view the expenses approved by the Government. Within the first iwo months of the year, they will remit to the Sub-Prefect, or in de fault or him, to the Prefect, that be may send to the Governor, an account with vouchers, of the total amount of municipal funds, and of the direction given them during the preceeding year.
Art. 35. The municipal funds will be deposited with such person or persons as the Ayuntamiento may appoint, under its responsibility.
Art. 36. "The mal administration of ihe funds and the expenditure thereof in expenses not designated by the ordinances of the Ayuntamientos, or which have not obtained the approbation
of Government, involve the pecuniary and personal responsibility of each of its members, who may prove to be culpable in its management, or who may have given their votes in the resolutions of said corporation ; but those who may not have voted for such resolutions will be free from responsibility.
Art. 37. The Ayuntamientos may appoint at their pleasure'a Secretary, and assign him with the approbation of the Governor, who will act in concert with the Departmental Legislature, the salary that may be considered just; but he cannot be removed from his situation without the same approbation
ART. 38. Should the municipal funds not be sufficient to pay the salary of a Secretary, the Regidores by monthly turns will perform his duties, and they will only be allowed stationery.
ART. 39. The members of the Ayuntamientos on taking office will take the same oath as other political authorities ; the Alcalde, or the first one, should there be two or more, will take it at the hands of the Prefect or Sub-Prefect, or in defect of both, at the hands of the former Alcalde ; and the other members of the corporation, as likewise the Justices of the Peace of the Municipality will also be sworn in by the Alcalde."
ART. 40. The Secretaries will take the same oath before their Ayortamientos.
Of the Alcaldes. ART. 1. The Alcaldes in the places of their usual residence, will take care of good order and public tranquility.
ART. 2. They will watch over the execution and fulfilment of the police regulations, laws, decrees, and orders which may be communicated to them by the Sub-Prefects, or in their defect, by the Prefects, and they will duly circulate them to the Justices of the Peace of the Municipality.
Art. 3. For the fulfilment of the objects mentioned in the preceding articles they will ask for the necessary force from the Military Commandant.
Art. 4.' In defect of such force, or if it should not be sufficient, and any citizens should ask assistance in order to secure their persons or property when they are in danger, and in general for the security or apprehension of criminals within their jurisdiction, and for the preservation of public order, they will call upon the citizens, who are strictly obliged to obey them, the same as any other public authority.
Ant. 5. They will cause the culprit, in fragante, to be secured and within three days will put him at the disposal of the competent Judge.
Ant. 6. They will see that the residents of the place live by useful occupations, and they will reprimand the idle, vagabonds, persons of bad conduct, and those who have no known occupation.
Art. 7. Those who through drunkenness or any other motive, disturb the public tranquility, or who disobey them; or are wanting in respect to them, they may on their own authority fine to . the amount of $25, to be applied to the municipal funds, or they may sentence to four days of public works, or double the time of arrest, taking into consideration the circumstances of the individuals, and giving them a trial in case they may require it; but with respect to crimes designated by law the existing regulations must be observed.
ART. 8. Should any one consider himself aggrieved in the case of the preceding article de may appeal to the immediate superior, who will definitely determine what he may esteem just.
ART. 9. They will assist and have a vote at the session of the Ayuntamientos, and they will preside over them according to the order of their appointment when neither the Prefect nor Sub-Prefect assist, and when they do preside their vote shall be decisive.
Art. 10. The temporary absence of the Alcaldes will be supplied by the Regidores according to the order of their appointment. The same will be practised in case of death, &c., until the person be elected who is to succeed them.
Of the Justices of the Peace. Art. 1. The Departmental Legislature and the Governor, having previously heard the opin. ion of the respective Prefects and Sub Prefects, and bearing in mind the different circumstances of all the towns and villages of the Department, will determine the number of Justices of the Peace which there should be in each of them; but they must not neglect to establish them in every ward and populous rancheria distant from a town.
Art. 2. The Justices of the Peace are to be named by the Prefect of the District on the recommendations of the respective Sub Prefects.
Art. 3. In every place of one thousand inhabitants or more, the Justice of the Peace shall have, under subjection to the Sub Prefect, and through him to the superior authorities, the same faculties and obligations as the Ayuntamientos ; but in the management or supervision of the mo
nicipal funds, they will restrict themselves to what may be established in the ordinances to be made by the Departmental Legislature.
Art. 4. These Justices of the Peace, as well as those of places which do not contain one thousand inhabitants ; those of the suburbs and rancherias at a distance from towns, and those of the quarters and wards of every populous town, shall have the faculties and obligations granted to and imposed on the Alcaldes in Section VI, Art. 146.
Art. 5. In the suburbs and rancherias distant from towns, and in such towns where only a Justice of the Peace is established, a substitute shall also be named in the same manner as the real one, to take his place in case of temporary absence. In other places where there are several Justices of the Peace, they shall during the present year 1837 mutually supply the places of each other. In future this shall be done by the former Justices of the Peace, according to the order of their ap. pointment, beginning with those of the last year.
Art. 6. The Justices of the Peace of those places in which the Ayuntamientos are to cease, will receive, by means of correct inventory, all the documents, books of acts, and whatever may belong to those corporations, and they will remit a copy of it to the Governor that he may send it to the Departmental Legislature.
Anr. 7. The Governor, in concert with the Departmental Legislature, will dictate convenient regulations relative to securing the municipal funds until the ordinances fix the rules for their good management and expenditure.
Art. 8. The situation of the Justices of the Peace is a Municipal office which cannot be refused except for a legal cause approved by the Governor or Prefect, after hearing the opinion of the authori. ty that named or proposed him, or in the case of re-election, if two years have not transpired, or if an equal time has not passed since he served as Sub-Prefect.
Art. 9. The Justices of the Peace on entering into office will make the same oath as the other authorities, at the hands of the Sub-Prefect, or in default of him, before the last Justice of the Peace or before the first one appointed, should there be several.
Art. 1. The channels of communication established by this law cannot be deviated from ex. cept in extraordinary circumstances, or in case of complaint against some functionary through whose hands the communications ought to be forwarded.
Art. 2. The fines imposed by the functionaries mentioned in this law shall not be collected by themselves, but they shall order them to be delivered to the Treasurer or depository of the municipal funds, who will give the corresponding receipt, so that the person fined may satisfy the authori. ty by which he was fined.
Art. 3. If those elected for Governors, Members of the Departmental Legislature, Prefects, and persons employed in their Secretaries' offices, should receive a higher salary or pension from the public funds than the salary designated by this law, they shall continue to enjoy it, and to that end the excess shall be credited to them.
Art. 4. The laws which organized the economic-political government of the Department are ! abolished.