ART. 2. These persons shall be elected by the same electors who choose the deputies to Congress, and the election must take place precisely on the day following that of said deputies.

ART. 3. Seven substitutes shall likewise be named in the same manner as the foregoing, who shall fill vacancies that may occur, according to the order of their nomination.

ART. 4. The Departmental Legislature shall be entirely renovated every four years, and they will commence their functions on the first day of January following their election.

ART. 5. It belongs to the Departmental Legislature:

1st. To pass (iniciar) laws relative to taxes, public education, industry, trade and municipal administration.

2d. To establish common schools in all the towns of the Department, and assign to them competent donations, out of the municipal funds, where there are any, and when not, to impose moderate contributions.

3d. To order the establishment and repairs of the interior roads of the Department, establishing moderate tolls for the payment of the expenses.

4th. To dictate all regulations proper for the preservation and improvement of the establishments of public instruction and benificence, and such as tend to the encouragement of agriculture, industry and commerce: but if such regulation should in any way be burdensome to the towns of the department, they must not be put in execution until they be previously approved by Congress. 5th. To promote by means of the Governor whatever may be conducive to the prosperity of of the Department in all its branches, and to the well being of its inhabitants.

6th. To form, in union with the Governor, the Municipal Ordinances of the Ayuntamientos, and the regulations of the interior police of the Department.

7th. To examine and approve the accounts which are to be rendered of the collection and expenditure of the municipal funds (propios y arbitrios.)

8th. To advise with the Governor in all affairs in which he may require it.

ART. 6. The Legislature will form its own regulations for its interior government, and elect its own subordinate officers.

ART. 7. Four members present are necessary to form a quorum.

ART. 8. The acts of the Legislature must be signed by the senior member present and by the Secretary.

ART. 9. Each one of the members of the Legislature shall be responsible for the opinion said Legislature may give to the Governor against an express law, and particularly if it be constitutional, or for bribery or subornation.

ART. 10. The Legislature shall be styled "Excellency;" their members "Honorable" (Senoria) in their official capacity; and they shall receive $1,500 per annum.

ART. 11. The Governor shall administer the oath of office to each member of the Legislature, in case that body be present it shall be administered in their presence, to keep and cause to be kept the constitutional laws, and faithfully to fulfil the obligations of their situations, being responsible for the infractions which they may commit or not impede.

ART. 12. The Legislature shall have a Secretary with a salary not to exceed $1200 per

annum.

ART. 13. The Restrictions of the Governor and Departmental Legislature :——

1st. They shall impose no illegal contributions, nor apply any contributions to other than those objects pointed out by law.

2d. They shall not adopt any measures for raising armed forces except in such cases wherein they are expressly authorized by law, or when they may be ordered so to do by the General Gov

ernment.

3d. They shall not make use of any other authority than that granted to them by law. ART. 14. The members of the Departmental Legislature cannot renounce their situations without a legal motive, to be approved by the Legislature itself, and sanctioned by the Governor.

SECTION IV.

Prefects and Sub-Prefects.

ART. 1. In each district there shall be a Prefect named by the Governor and confirmed by the General Government, who shall remain in office four years, and may be re-elected.

ART. 2. It belongs to the Prefects:

1st. To take care of public order and tranquility in their district, with entire subjection to the Governor.

2d. To publish without delay, enforce and cause to be enforced, the laws and decrees of Congress which they may receive from the Governor, and circulate them in the towns of the district. 3d. To observe, and cause to be observed, the decrees and orders of the General Government, the resolutions of the Departmental Legislature and of the Governor.

ART. 3. In order to carry out the foregoing powers and duties (atribuciodes,) they may in their district impose by their own authority, fines to the amount of one hundred dollars, to be de

V

livered to the municipal fund of the place where the person fined belongs, or they may sentence to fifteen days of public works, or arrest for double that period, those who disobey or are wanting in respect towards them, or who in any other way disturb the public tranquility; attention being paid to the circumstances of the individuals, and a trial being allowed them in case they should require one. But with respect to such faults as have penalties assigned to them by law, the existing laws

must be observed.

ART. 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.

ART. 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.

ÁRT. 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 occupation, for the time necessary for their correction, to the establishments destined to that object, or to such manufactories or agricultural establishments as may choose to receive them voluntarily; the person sentenced being allowed to choose to which of the last two establishments he wishes to go.

ART. 9. They will incite the tribunals to render prompt and upright justice, informing the Governor of the defects they may note in the magistrates; but without intermeddling in their functions.

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 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 he may make it known to the Departmental Legislature.

Aur. 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.

ART. 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 Prefects 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 commandant 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 Ayuntamiento 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 direc tion 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.

SECTION V.

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 Ayuntamientos 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; the second, twelve; 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 have 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 to 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. located.

They will see that in each town there be one or more burying grounds conveniently 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. With 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, which must embrace all its district, and mention the sex, age, dis 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 the beauty and health of the

towns.

ART. 24. It belongs to them to procure the construction and repairing of bridges, causeways and roads, and to encourage agriculture, industry, trade and whatever they may consider useful to the inhabitants.

ART. 25. At the junction of different roads, they will place inscriptions pointing out the re spective 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 the 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 secu→ rity 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 to see that at all times they continue to be of conduct and sound morals.

ART. 31. They will distribute with all possible impartiality, the municipal duties imposed upon the citizens, guiding themselves by the existing laws, or by such as may hereafter 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 two months of the year, they will remit to the Sub-Prefect, or in de fault of him, to the Prefect, that he 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 the 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 Ayuntamientos.

SECTION VI.

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.

ART. 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.

ART. 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 ke 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.

SECTION VII.

Of the Justices of the Peace.

ART. 1. The Departmental Legislature and the Governor, having previously heard the opinion 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 mu

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