ORDERS PUBLISHED IN THE OFFICIAL GAZETTE. [Official Gazette, No. 49, Dec. 13, 1898.] OFFICE OF THE SECRETARY OF THE INTERIOR. [Translation.] Upon the recommendation of the council of secretaries, Gen. Guy V. Henry, commanding the department, has been pleased to repeal paragraph 4, of royal decree of February 1, 1894, under which teachers temporarily in charge of schools were called upon to contribute towards the pension funds with 50 per cent of their salaries. In accordance therewith, on and after the date hereof only ten per cent of their respective salaries shall be discounted, for aforesaid purpose, to teachers situated as above described. San Juan, P. R., December 10, 1898. Dr. S. CARBONELL, Secretary of the Interior. [Official Gazette, No. 50, Dec. 14, 1898.] OFFICE OF THE SECRETARY OF FINANCE." [Translation.] To Brig. Gen. GUY V. HENRY, Commanding the Department. SIR: Among the taxes and imposts established by the Spanish administration, one known by the name of "cédulas personales " (descriptive voucher, for purposes of identification) figures in section 1, sole chapter, article 5 of the budget of receipts, the amount whereof, calculated for 1897-98, aggregates 31,000 pesos. Inasmuch as said tax has always been opposed by public opinion owing to its personal character; Inasmuch as the same is vexatious to the citizen, it being moreover in the nature of a police certificate, the absence of which served as a pretext for many grievous election outrages, perpetrated, in most instances, upon peaceful and honest countrymen, on the strength of article 7 of the decree issued by the government of the island, December 16, 1867, providing that the absence of said cédula should be held " COMPILER'S NOTE. This order was published in the Gazette in both English and Spanish, the latter version being selected for this volume, as being apparently the language in which the order was prepared. See Preface. as sufficient legal cause for the detention of persons and the imposition of fines; Inasmuch as the revenue derived from said tax by the insular treasury is insignificant and inadequate to meet its most urgent needs; The undersigned has recommended to the council of secretaries a form of law for the repeal of said tax. The same having been unanimously approved, is with their consent, now submitted for your approval in the following GENERAL ORDER. ART. I. On and after the publication of the present order in the Official Gazette of the island, the tax known as "cédulas personales," shall be discontinued. ART. II. Custom-house and internal-revenue collectors shall take over all" cédulas " now held by alcaldes and other persons in charge of their sale, and forward same to the office from which supplied together with the account of proceeds therefrom up to the date of the publication of this order. CAYETANO COLL Y TOSTE, Secretary of Finance. Approved. GUY V. HENRY, Major-General, U. S. Volunteers, Commanding. [Official Gazette, No. 57, Dec. 22, 1898.] OFFICE OF THE SECRETARY OF JUSTICE. [Translation.] Gen. Guy V. Henry, commanding this department, has been pleased to approve the following rules of criminal procedure," which were submitted to him by this office, with the consent of the council of secretaries: In order that the criminal proceedings instituted by the primary courts of the island, to be in due course passed upon by the courts of justice, in the matter of highway robbery, kidnapping, arson in sparsely settled localities, removal of rails, interception of tracks, armed attacks on trains, destruction of rolling stock, murder, manslaughter, and infliction of serious wounds, or threats to commit any of the aforesaid crimes, may be speedily disposed of, judges and courts shall conform to the following provisions: I. At the preliminary proceedings in such cases, the respective judges shall promptly comply with all the formalities, omitting such as are not required to determine the circumstances of the crime and the responsibility of the parties indicted, and shall employ the quickest method for ascertaining, when necessary for that purpose, the age and identity of the supposed criminals. a COMPILER'S NOTE.-See G. O. 118, 1899, Headquarters Department of Porto Rico; also Official Gazette, No. 37 of 1899. II. When the indicted are many, the primary judge may order such cases to be taken up separately, as he may deem advisable and expedite the proceedings so as not to retard the punishment of those who stand convicted. III. The higher courts shall severely punish those who are responsible for unwarrantable delays in the preliminary proceedings. IV. Upon the termination of the preliminary proceedings, the primary judge shall forward the case to the proper court of justice, and shall summon the parties to appear within the term of five days. V. Upon receipt of the case by the court of justice, the latter, within three days thereafter, shall either confirm the termination of the preliminary proceedings, or should it be deemed necessary, order such formalities to be complied with as had been demanded by the defendants and refused by the judge. VI. The termination of the preliminary proceedings being confirmed, three days notice shall immediately be given to the prosecuting attorney, and afterwards another three days to the private accuser, if, where there is one, he should have appeared. Both shall request in writing that the case be either dismissed, suspended, or tried. In the latter event they shall formulate the provisional conclusions and draw up the interrogatories to be put to the witnesses. VII. The court shall declare the case dismissed or suspended where such a course is prescribed by law, or otherwise order the opening of the trial. VIII. Should the indicted party or parties fail to name their counsel, same shall be designated by the court, in which case the conduct of the defense, if not incompatible, shall be in charge of one counsel. The court shall order the papers of the case to be exhibited at the clerk's office, for the information of the defense, during a term to be fixed by the court, but not to exceed five natural days for all. Should the counsel for the defense request to be excused from being present at the trial for any cause which the court may not consider justifiable, counsel shall be appointed officially. IX. The trial of such cases shall take precedence of all others, including those previously entered on the docket. X. All questions of jurisdiction arising out of the cases referred to in this order, between judges and courts of ordinary jurisdiction, shall be decided in accordance with the provisions of article 782 of the law of criminal procedure. XI. The term for preparing an appeal for reversal of judgment, based upon a violation of the law, shall be two days, from the date of the publication of the sentence. Within the same term appeal may be taken upon legal technicalities and notice given of the appeal for violation of the law. Within the term of the summons the appeal for violation of the law shall be formulated, if it has been announced or prepared. Both appeals shall be decided by the supreme court in the manner provided by General Orders, No. 19, dated December 2, 1898. The supreme court shall hear and pass upon said appeals in preference to other matters. XII. Defendants pleading guilty to the crimes referred to herein shall be punished with imprisonment of from six months and one day to six years, or, where the penalty corresponding to the crime be equal to or less than, the above with the punishment next lower in degree. |