ART. 10. It is also to be understood that what is ordered is without prejudice to the alimony or pensions which the actual possessors have to pay to their widow mothers, their brothers, immediate successors, or other persons, according to the foundations, or particular agreements, or to judicial decisions. The properties until now entailed, although they pass as free to other owners, are subject to the payment of these alimonies and pensions, whilst those who receive them now live, or while they preserve the right of receiving them, excepting, that those who receive the alimony are the immediate successors, in which case they shall cease to enjoy them as soon as the actual possessors die. Hereafter, the obligations which at present exist of paying such pensions and alimonies shall cease; but it is declared that if those actual possessors do not invest in the said alimonies and pensions, the sixth clear part of the rent of the entailed estate, [mayorazgo] they are obliged to contribute with what is wanting of it, to provide a dowry for their sisters, and help their brothers in proportion to their number and necessities, and the immediate successors will have a like obligation as respects the half of the property reserved. ART. 11. The part of the rent of the entailed estate which the actual possessors may have lawfully assigned to their wives as long as they remained widows shall be paid to these whilst they ought to receive it, according to the stipulation, satisfying the half at the costs of the unentailed property; and the other half by what is reserved for the immediate successor. ART. 12. It is also to be understood that the preceding dispositions do not hinder, that, in the provinces or towns where, by the particular custom, married persons succeed each other in the usufruct of the entailed property by the way of widowhood, it shall be so done with those who are now married, as respects the entailed goods which may not have been alienated when the married party possessing died, the integral half which belongs to him passing thereafter to the immediate successor, as has been provided. ART. 13. The titles, prerogatives of honour, and whatever other pre-eminences of this class the actual possessors of entails may enjoy as annexed to them, subsist on the same footing and follow the order of cession prescribed in the conditions, deeds of foundation, or other documents from which they proceed. The same shall be understood for the present, respecting the right to present to ecclesiastical livings or other appointments until it shall be otherwise determined. But if the actual possessors should enjoy two or more grandeeships of Spain or titles of Castile, and should have more than one son, they may distribute amongst these the said dignities, reserving the principal for the immediate successor. ART. 14. No person can in future, either by bequest or by any other title or bequest, found feetail estates, trusts, presentation, chaplainry, bequest for pious uses, or any entail whatsoever on any class of property or rights, nor prohibit, directly or indirectly, their alienation. Neither can any person entail bank debentures or any other foreign funds. The churches, monasteries, convents, and all other ecclesiastical communities, as well secular as regular, hospitals, charity houses, poorhouses, schools, confraternities, brotherhoods, commanderies, and every other establishment, whether ecclesiastical or lay, known by the name of mortmains [manos muertas] cannot from this time in future acquire any real or immovable property in any province of the monarchy, by testament, [*156] donation, purchase, exchange, rent-charges, infeudation, adjudication of rents, or in payment of rents due, nor by any title whatsoever, either lucrative or onerous. * ART. 16. Neither in future can the mortmains impose or acquire by any title, capitals at interest of any description imposed on real property, nor impose nor acquire tributes, nor any other species of incumbrance on said property, whether consisting in the loan of any sum of money, or any part of the produce, or of any service in favour of the mortmain, and all annual incumbrances. MADRID, 27th of September, 1820. Wherefore, we order all tribunals, magistrates, chiefs, governors, aud other authorities, civil, military, and ecclesiastical, of every class and dignity whatsoever, that they observe and cause to be observed the present law in all its parts. You will cause it to be made known, for compliance with it, and order that it be printed, published, and circulated. This is the rubric of the royal hand. At the palace, the 12th October, 1820. By royal order I communicate this to your excellency for your information and compliance. God preserve your excellency many years. MANUEL GARCIA HERREROS. MADRID, 18th October, 1820. Resolved, Puerto Principe, 1 de Febrero de 1821. Having seen the foregoing decree, let it be kept, complied with, and executed, and circulated to those concerned. It has five rubrics. Senores Alva, Robledo, Mendiola, Albarez, Gomez. IGNACIO ESCOTO. This is a copy. Puerto Principe, 12th March, 1812. No. 16. [TRANSLATION.] From Senor Don Jose de Fueres, intendant pro tem., advising his having delivered the command to Senor don Alex'o Ramires, chosen by his majesty. HABANO, 3d July, 1816. The king, our master, having been pleased to confer on Senor Don Alexandro Ramirez, by a royal commission of the 5th of October of the year last past, the posts of intendant of the army, superintendant general, subdelegate of the royal domain, which I have provisionally exercised by royal commission, he has this day taken possession of them, and I advise your excellency of it for your information, and due effects to the service of his majesty. May God preserve your excellency many years. JOSE DE FUERTES. His Ex. SUB-DELEGATE OF THE ROYAL DOMAIN, St. Augustine, Florida. NOTE. On the 27th of August following this was communicated to the royal offices. Letter from the Intendant of Havana, dated 26th August, 1816, enclosing copies of agreement with the Captain General, relative to Royal Domain in Florida. HAVANA, 26th of August, 1816. I enclose to your excellency, for information, proof, and compliance, by that sub-delegation, and officers of the royal domain, where should appear in the corresponding_form, a certified copy of the agreement which, on the 9th instant, I made with the most excellent Lord Don Jose Cienfuegos, captain general of this island and the two Floridas, suspending the proceeding commenced in the time of the most excellent lord, his predecessor and mine, on the question to which of the two authorities belongs the superintendency of the royal domain of said two Floridas, and determining that, until his majesty shall otherwise resolve, both possessions depend on this intendency of the army, to which is annexed the same subdelegated superintendency general of the royal domain of this island, in all matters and incidents which may offer in this department, as is specified in said agreement. And I charge your excellency to be pleased to give me, by the first opportunity, competent advice of the receipt and consequent dispositions. May God preserve your excellency many years. ALEXANDRO RAMIREZ. To his Excellency the GOVERNOR, St. Augustine, Florida. [TRANSLATION.] Act of accord between the Captain General and Intendant of Cuba, declaring their joint jurisdiction over the Department of Royal Domain in the Floridas. * HAVANA, 9th August, 1816. The In the city of Havana, the 9th of August, 1816, the most excellent lord the governor and captain general, Don Jose de Cienfuego Jovellanos, and his lordship the intendant, Don Alexandro Ramirez, having seen the proceedings respecting the competition between the captain general and the intendant of this island, as to which of the authorities appertains the cognizance of the affairs of the royal domain of the Floridas, and that, from the documents collected in said proceedings, it results, 1st. That, by the royal letters-patent of the 17th of August, 1772, it is ordered, "That the province of Louisiana and the city of New Orleans depend on the captaincy general and the department of the royal domain of the Havana, after the same manner as the government of Cuba." The 2d. *158] That, by a royal order of the 26th of January, 1782, directed to his excellency Don Bernardo de Galves, who was at that time captain general of the Floridas, it was provided, that as superintendent of the royal domain of said provinces, he should communicate certain notices to the intendant of Louisiana. 3d. That this department has not been uniformly governed, and since the intendency had been established at Pensacola, the intendant pro. tem. considered himself independent of every authority of this island, and that he ought to exercise the functions of superintendent, respecting which, the regency of the kingdom commanded information to be given to this intendency of the army, by an order of the 19th of January, 1813, in which is expressed, "That, it not being found inconvenient that Florida depends on this captaincy general in every thing respecting security and defence, neither would it be so that it should be subject in every thing else to the intendency of the army and superior council of the domain of this city." The 4th. That, by another order of the same regency of the kingdom, of the 27th November, 1812, it was provided, that this captaincy general and intendency of the army should proceed in concert in the affairs of the Floridas, and proposing what they believed convenient for the administration, collection, and distribution, of the public domain in said provinces. The 5th. That, finally, this intendency was empowered for the commission of inquiry, which it conferred on Don Antonio Cabanas, suspending the said intendant pro. tem., Don Juan Ventura Morales, from which have resulted various incidences and different royal orders, all directed to the same intendency of the army, that it may cause said affairs to be brought to a conclusion; and give an account of the results. The present chiefs, considering that his majesty not having made any express resolution respecting the exercise of the superintendency of the royal domain in said provinces, causes confusion in this department, which occasions serious injury to the royal service; that it is of importance that the jurisdiction of these affairs should have a common centre, and which should be the intendency of the army, as well from analogy as because the said commission of inquiry, and its incidences are rooted in it, and by the virtual tenor of said royal orders; and that it is also of importance to reunite the cognizance of the economical department of said provinces, to inquire into their income and expenditure, and to make proper regulations on those points, granting that they depend on these royal coffers for their principal disbursements, which are the expenses of the garrison. Having minutely examined every thing referred to, and assuming no personal powers but what may be derived from the sovereign pleasure of his majesty, and what they deem promptly requisite for his better service, to remove doubts and embarrassments, and to give course to the various proceedings detained by this question of jurisdiction, do agree, 1st. That the point of doubt, or competition, raised in the time of the most excellent Lord Don Juan Ruiz de Apodaca, respecting the exercise of the superintendency of the royal domain in said provinces, remains reserved for the determination of his majesty. 2d. That, in the meanwhile, both the ministers of these royal coffers, as well as their excellencies, the governor, and military and political commandant of St. Augustine and Pensacola, shall communicate directly with the intendency of the army of this island, (it being taken for granted, that, for the present, they depend upon it for all kind of aids,) in such * affairs as may offer rela- [*159 ] tive to the royal domain, and its incidences, without preventing that the said commandants should also communicate with this captaincy general, in the cases and things of the service, appertaining to its powers, and which may require its cognizance. 3d. That, to the intendency of the army of this island, shall belong the determination and decision of all the affairs of the royal domain, or annexed or incidental thereto in said provinces, conformably to the ordinance of the intendants of New Spain, and posterior royal orders, and, consequently, their excellencies, the governor and commandant of St. Augustine and Pensacola, as sub-delegates, shall observe towards the said intendency the respective subordination which the said ordinance provides. All which shall be taken notice of, and observed, until the sovereign determination on the first point of this joint resolution, and that the captain general and intendant of the army shall, between them, treat of those matters which may offer, and require their reciprocal and united concurrence, with the harmony and concord which the good of the service exacts, and giving an account to his majesty, with certified copies of the documents |