Page images
PDF
EPUB

CHAPTER V.-Provisions common to this title.

ART. 132. For the effects of this law there shall be considered as public officials not only those appointed by the Government, but also the mayors, deputy mayors, chairmen of committees, examining secretaries, commissioners to the boards for the examination of votes, and any other who hold a public office, though it be temporarily and without compensation.

For the crimes to which this law refers, committed by public officers, the penalty fixed shall be imposed from its medium to its maximum degree.

ART. 133. The action to accuse of crimes foreseen in this law shall be popular and may be brought until two months after the approval or annulment of the final record.

The accuser shall not be obliged to give any guaranty but must be within the law and continue his action until a final sentence is rendered, and all the proceedings shall be official, and drafted on official paper, without prejudice to the reimbursement at the proper time by the accuser or accused who may have been sentenced.

ART. 134. When a municipal council or the provincial deputation, in referring to acts which they should approve, should resolve to judge of an election, the proper official proceedings shall be instituted by the competent court.

ART. 135. The courts shall proceed immediately against the presumed culprits of electoral crimes, whether they be on account of disagreement or else by virtue of what is provided in the previous article, without awaiting the opinion of the proper authority as to the legality of the election. It shall be the duty of the former to facilitate to the corporation which should approve a certificate, as long as it is requested through the government or its delegates, the reports, certificates of its results, and other matters which they may think proper in regard to acts which might affect the validity or nullity of the election. But if, at the time of giving this information, the case should be in the stage of preliminary proceedings, the court shall give proper notice of those which are of a reserved character.

ART. 136. The supreme court shall take cognizance of the causes which, by virtue of this law, should be instituted against the delegates of the region, or other authorities or public officials of the same or higher category; the territorial audiencia of those instituted against provincial deputies and judges of first instance, and the inferior courts, of those that may be instituted against the mayors and other public employees of a lower category than those mentioned, or against any other persons who, by reason of their office, interfere in election matters.

ART. 137. The causes in which the accused are, by a final judgment, exempted from liability on account of due obedience, shall necessarily be forwarded to the proper court in order to proceed against the person who was duly obeyed; and if the latter should be a secretary to the Crown, the transmission shall be to the congress of deputies for what may be proper in accordance with the laws.

ART. 138. The courts can not refuse to accept suits relating to electoral acts, at any time they may be brought before the action to accuse has expired by limitation in accordance with the provisions of

this law, proceeding in a brief and summary manner. If they should not do so, they shall incur the penalty mentioned in article 364 of the penal code.

ART. 139. The maintenance of order and the immediate repression of the offenses which may be committed in the electoral committees and in boards of examinations of votes, appertains to their respective chairman, to whom the authorities and their agents, who shall have free access to the sections, colleges, and committees, shall give the necessary aid.

ART. 140. When, within a section, college, board of examination of votes, or electoral committee there should be committed any of the crimes punishable according to this law the chairman shall detain the presumed offenders and shall place them at the disposal of the competent judicial authority so that proper proceedings may be instituted. ART. 141. All provisions which are not expressly mentioned in the provisions of this law shall be punished in accordance with the penal code in force in Porto Rico.

ART. 142. All provisions which are in conflict with the provisions of this law are hereby repealed.

Madrid, December 21, 1896.
Approved by Her Majesty.

CASTELLANO.

ELECTORAL DIVISION.

ROYAL DECREE.

In compliance with the provisions of article 3 of the law of March 15, 1895, in regard to the division of the island of Porto Rico into districts for the provincial elections, at the suggestion of the secretary for the colonies, in concurrence with the council of secretaries;

In the name of my august son the King, D. Alfonso XIII, and as Queen Regent of the Realm,

I decree the following:

ARTICLE 1. The province of Porto Rico shall be divided into four districts for the provincial elections, two belonging to the first region and two to the second, in the following manner:

FIRST REGION.

FIRST DISTRICT.

San Juan, subdivided into 21 sections: San Juan, Maunabo, Yabucoa, Humacao, Piedras, Vieques, Naguabo, Hato Grande (San Lorenzo), Luquillo, Fajardo, Ceiba, Juncos, Jurabo, Aguasbuenas, Caguas, Bayamón, Carolina, Loiza, Río Piedra, Río Grande, Trujillo Alto.

SECOND DISTRICT.

Arecibo, subdivided into 20 sections: Arecibo, Corozal, Vega Alta, Vega Baja, Camuy, Ciales, Hatillo, Manatí, Morovis, Quebradillas, Barceloneta, Aguadilla, Isabela, Moca, Naranjito, Comerio, Dorado, Toa Alta, Toa Baja, Cidra.

SECOND REGION.

FIRST DISTRICT.

Ponce, subdivided into 15 sections: Ponce, Adjuntas, Aibonito, Barranquitas, Barros, Coama, Guayanilla, Juana Diaz, Santa Isabel, Guayama, Arroyo, Cayey, Salinas, Patillas, Utuado.

SECOND DISTRICT.

Mayagüez, subdivided into 15 sections: Mayagüez, Añasco, Cabo Rojo, Sabana Grande, Las Marías, Hormigueros, Maricao, San Germán, Lajas, San Sebastián, Rincón, Lares, Aguada, Peñuelas, Yauco. ART. 2. The subdivision of the sections into colleges shall take place according to the provisions of the municipal law.

ART. 3. Each district shall elect three provincial deputies, each elector voting for two, in order to facilitate to minorities representation to the provincial deputation.

ART. 4. The electoral proceedings shall be the one fixed in the Royal Decree of this date.

ART. 5. All provisions in conflict with those of this decree are hereby repealed.

Given at the Palace on December 31, 1896.

[blocks in formation]

In compliance with the provisions contained in the law of March 15, 1895, at the suggestion of the secretary for the colonies, in concurrence with the council of secretaries;

In the name of my august son the King, D. Alfonso XIII, and as Queen Regent of the Realm,

I decree the following:

ARTICLE 1. A call for the election of half the councilors of the municipal councils of the island of Porto Rico shall be made to replace those who actually constitute part of said corporations, with the character of temporary without prejudice to the usual renewal which shall take place on the date fixed by the law.

ART. 2. In the same manner, a call for the full election of the provincial deputies of the island of Porto Rico shall be made in compliance with the prescriptions of the provincial law, modified by a decree of this date.

ART. 3. The governor shall make proper calls at the periods respectively mentioned in the municipal and provincial laws, designating the 14th of February as the day for the election of councilors and the 11th of April for that of provincial deputies.

ART. 4. The provincial deputies elected by the first region in virtue of this call shall remain in office until the usual biennial renewal in 1899, and those of the second region until that of 1901.

Given at the Palace, December 31, 1896.

MARIA CRISTINA.

TOMAS CASTELLANO Y VILLARROYA,
Secretary for the Colonies.

(TRANSLATION.)

ADAPTATION OF THE ELECTORAL LAW
OF JUNE 26, 1890, TO THE ISLANDS
OF CUBA AND PORTO RICO.

DIVISION OF CUSTOMS AND INSULAR AFFAIRS,

WAR DEPARTMENT,

AUGUST, 1899.

« PreviousContinue »