Rural code of Haiti

MISSING IMAGE

Material Information

Title:
Rural code of Haiti
Uniform Title:
Code rural (1826)
Cover title of print version:
Code rural & conseils communaux
Physical Description:
1 online resource (152, 1 p.) : ;
Language:
English
French
Creator:
Haiti
Haiti -- Gendarmerie
Haiti
Publisher:
Imp. Edm. Chenet
Place of Publication:
Port-au-Prince
Publication Date:

Subjects

Subjects / Keywords:
Local government -- Law and legislation -- Haiti   ( lcsh )
Agricultural laws and legislation -- Haiti   ( lcsh )
Taxation -- Law and legislation -- Haiti   ( lcsh )
Police, Rural -- Haiti   ( lcsh )
Administration locale -- Droit -- Haïti   ( ram )
Droit rural -- Codes -- Haïti   ( ram )
Droit fiscal -- Haïti   ( ram )
Police rurale -- Haïti   ( ram )
Agricultural laws and legislation   ( fast )
Local government -- Law and legislation   ( fast )
Police, Rural   ( fast )
Taxation -- Law and legislation   ( fast )
Haiti   ( fast )
Genre:
legislation   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
Gendarmerie d'Haïti.
General Note:
Title from PDF t.p. (LLMC Digital, viewed on Nov. 21, 2010)
General Note:
Includes: Conseils communaux (p. 99-103).

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 682485196
ocn682485196
System ID:
AA00000692:00001


This item is only available as the following downloads:


Full Text



-- 6 -

CHAPTER II.


General rules relative to the
administration of rural estates
and establishments.

SECTION I.

LIMITS OF LANDMARKS, ENCLOSURES AND
ESTABLISHMENTS.

ART. 9.
Every proprietor should induce his
neighbor to put up landmarks on his
adjoining properties, sharing expenses
ART. 10
The individual limits of neighboring
properties will be marked with perma-
nent landmarks of iron, masonry or
non-perishable wood, erected at com-
mon expense.
ART. 11.
The right to enclose rural lands,
results essentially to those of proper-






-J2, -

The third class takes in private roads
cunnecling plantations with each other
or with the public roads

(Note Thw classilication is to 'inisllily eXle.s' s
of repair. )
Ait 53.
High-roads,public roads an(d private
roads are placed under the authorities
and officers of rural police.
Art 54.
High-roads and communal riads aire
kept up and repaired by the inhabi-
tants from eacli section, in rotation,
through which they pass and \vwlen-
ever repairs become necessary.
The up-keep and repair of private
roads, farm or parish roads, will be
done by the inhabitants habitually
using them
A T 55.
As soon as a high-road or private
,rl r fi p, orn1lir w rt l. 1- fl ai II i 'a l

Art. 55.
As soon as a high-road or private
rcod requires repair work, the rural
police officers will notify the com-
mandant de "place", or commune, with-
o~i- delay.









- 47-


ART, 39 In the case of crimes committed
in (( flagrant delicto n, or on the demand
ot the proprietor of a house or plantation,
justices of the peace will prepare their off-
icial reports, receive testimony of witness-
es, make trips and take the necessary steps
coming under the jurisdiction of a prosec-
uting attorney ; in e,'ery case they will
adhere to the forms and regulation contain-
ed in the chapter on (( Prosecuting attor-
nevs )).
In like cases, officers of the rural and
urban police will make their reports to the
justice of the peace, who will prepare the
official report:
Art. 40 In case of question between
the prosecuting attorney, justice of the
peace and police officers in the procedure
laid down in the i roeceding articles, the
prosecuting attournev will perform the
duties prescribed for the court police ; if
that has been anticipated, he may continue
the procedure, or, direct the officer, who
has already started it. to continue it.
At. 41. The prosecuting attourned,
while performing his duties as laid down
in articles 22 and 36, may, if he judges it









of Fi:ia:ces ;1i 1 will include: Ist-NuIm-
ler of animals claimed ; number of
animals sold; animals on hand in the
pound at the end of the quarter ; num-
ber sent lo commandants of commu-
ne ; a description of each animal 2nd-
Dates of arrival and departure 3rd
The sum total from sales. 4th-The sum
total deposited in the hands of the of-
ficer of the administration or in the
public treasury.
ART 18.
In no case can animals known to be
the property of the State, the gendar-
merie or the cavalry of the army, be
impounded or sold.
An official notice in the Moniteur
lIailien. renewed each year, will pu-
blish the brands adopted for animals
belonging to the State, gendarmerie
and cavalry.
These animals, when captured, will
be sent by justices of the peace, to the
commandants of commune, who, in
turn. will forward them to their desti-
nation.









bond, beggar or vagrant, happen to
be a child under fifteen y ars of age,
the justice of the peace will return
him to his father, mother or nearest
relative ; if above fifteen years he will
proceed against him as though he was
an adult.
ART 120.
No burial will take place in the
country without an authorization
upon unstamped paper, from the rural
police officer, who will not give the
authorization except upon the presen-
tation of a certificate from the registrar
of births marriages and deaths, show
ing that the declaration of death was
made in conformity with the Civil
Code.
Any infraction of the present order
will be punished in conformity with
article 304 of the Penal Code.
If the infraction is committed by a
rural police officer, he will be liable
to a fine of fifty gourdes
ART 121.
In the future no burial will take









- 105 -


of the members of the Council re-
maining, the assembly shall elect the
missing members.
Art 18.- The functions of the assis-
tants and the members of the Council
are gratuitous and honorary, excep-
ting when they perform the duty of a
Magistrat.
Art 19.-- The Magistrats are paid
out of funds of the Commune

CHAPTER III.

Of the interior service. First Class
Communes.

Art 20.--- The Communal Council
pays all rent. Communes not having
a convenient place for their office,
shall be given land out of the public
domains for the erection of and office
at their own cost.
Art 21 -- The Council will meet at
least every fifteen days in ordinary
meetings to discuss matters coming
within their province.







- 0i -


of which will be made by the justice
of the peace, in addition to damages,
restitutions, indemnities and punish-
ments, if necessary.
ART. 124.
Fines and the sum total of all pecu-
niary sentences will be deposited in
the chess of the officer representing
the administration of each commune -
these officers will be required to follow
up the collections and keep an d
accurate account of them. Notice of
each sentence should be given to the
officer representing the administration,
will turn over to the administrator of
finances of the arrondisement, a de-
tailed statement of the fines awarded,
with a notation of those collected and
outstanding
ART 1"25.
Half of each fine will belong to the
state, and the other half to the rural
police officer preferring the charges
against the accused.
AnT 126.
Every sentence involving a fine







- 54 -


CHAPTER VII.
Maintainance of order in the country
and suppression of vagabondage.
ART 108.
Any cultivator undertaking a piece
of work, under a mutual agreement,
may terminate it, after it has begun,by
making himself liable to a fine, and if
any, to damages. ( Article 123, from
twenty gourdes to three hundred.)
ART 109.
Every disobedience or insult against
a proprietor, farmer, manager, over-
seer of work, or the partnership, will
be considered a disturbance of public
order, and punishable with a fine and
even imprisonment, according to the
gravity of the case.
ART 110.
Festival days excepted, the working
days are : Monday, Tuesday, Wednes-
day, Thursday and Friday, of each
week. The working hours are: from









of the national colours and watercour-
ses by an arrow.
Art. 35. The c process verbal > shall
bear the same date as the plan also the
names and surnames of the surveyor
and those of the party requesting the
survey, those of the perons present and
the name of those absent.
The titles of the person requesting
the survey shall be mentioned also
the name of the property surveyed if
it is known, the Commune and the
Arrondisement in which it is situated
and mnst particularly the rural section,
the town, the village or street where
it is situated.
All remarkable places or points
shall be clearly shown in Ihe plan,
also boundary marks placed or those
found during the operation and gene-
rally all that can be of use in the
plan.
The surface of the land shall be
marked with the same letters as in
the plan on the boundary marks.
Finally the process verbal shall
be signed by the surveyor also by all


- 92 -








- 51 -


required to make a report of it to the
Secretary of Interior.
ART 102.
Country Guards are liable to the
same punishments as are the soldiers,
of troops of the line.
5.- Agricultural Counsels
Art. 103.
In each commune there will be an
Agricultural Counsel consisting of ci-
tizens chosen from among the best
known proprietors or farmers, one
citizen from each rural section. This
selection will be made each year, on
the. Ist of May by the Commandant
of Commune. Justice of the Peace, and
the Communal Counsel conjointly,
and majority of votes. Having entered
upon their duties, these citizens will
take oath, before the justice of the
peace, to properly fulfill the duties of
their offices.
Art 104.
Members of the agricultural Counsel









six o'clock to eleven o'clock in the
morning, and from two o'clock to six
o'clock in the afternoon.
ART 111.
No workman employed on the job,
or by the day, may leave his work and
give himself up to feasting, on working
days. No dance or feast may be prol-
onged, in the night beyond midnight;
eveiy offender against these present
dispositions will be punished with im-
prisonment.
ART. 112.
No cultivator, established on a rural
property, may absent himself from the
district for more than twenty fours,
hours, without a permit from the Chief
of District.
ART 113
Except on market days, any indi-
vidual found in a rural section, and
cannot explain where he lives or whe-
ther he is employed by one of the
proprietors of the section, or that he
is the bearer of a permit or a paper







61 -

cai ries with it the full right of impri-
sonment for debt, until payment is
made, in conformity with article 38ti
Penal Code, under the modification
contained in said article.
AKT 127.
All sentences resulting from infrac-
tions of the dispositions and prescrip-
tions of the present law, other than
disciplinary sentences, will be pronoun-
ced by the justices of the peace, within
the ordinary limits of their jurisdic-
tions.
Disciplinary sentences will be pro-
nounced by the rural police officers
in accordance with old,sacred custom.
CHAPTRE XI?
A agricultural festivals, rewards & prizes
of encouragement.
ART '128.
On the 1st of May of the Agricultu-
ral Festival, rewards and prizes of
encouragement, .paid for by the State,












INDEX
CONSEILS COMMN1NAUX PAGE
Conseils C(ommunaux ............ 99
O f C o( m m u ne........ .................. ........ ........ ... 10 1
Plarticu lar disposition ns .................................. 1..... ... .I0 2
Of the Interior service, st class Commu-
n e s ............ ..................... .............. 1 0 5
The duties of the Councils and of the
M ag istrat....................................... 12
The duties of thl- Magistra Communal.. 117
Receipts and expenses ot the Commu-
n e ............... ............................ 1 2 1
Of the bookkeping of Commune.................... 128
Particular D ispositio ns ............................... ......... 29
Of Communes not administering them-
selv es.......................................... 13 0
Of the uniform of he members ................. 131
T ransitory d ispositi )ns ............................... 32
L ic e n se s ........................................ ......... ............................ 1 3 3
01 house taxes.. ........ ..........147
Mode of perception of the house taxes 46








- 137


The persons eImplloying the
are responsible for the pa\ Imen
of their licences.
Art 12 No payment is due besides
the cost of the stamped paper
for the remittance of the certifi-
cate of declaration made at the
office of the Communal Council,
for the remittance of the licen-
se nor for its registration. All
contraventions against this pro-
hibition shall be considered an
extortion and be punished by
Ihe penal law.
Art 13 The haytian peddler can
only sell in the streets and pu-
blic places He must show his
licenses to any authority, and
to all policemen, making re-
quests.
He can only open his merchan-
dise on the public squares
Art 14.-- No haytian or foreign im-
porter shall sell merchandise of
any sort for less than 100 pias-
tres gourdess)
Art 15 In wholesale stores selling








- 67 -


((Art 235. Any beggar or vagabotind
caught in a disguise of any kind.
Or bearing arms even though he
has not used them nor menaced any
one with them.
Or having files, hooks or other tools
with which thefts or other offenses
may by committed, which may be
used as a means for entering houses,
will be punished with imprisonment
from one to three years.
< Art 236 Any beggar or vagabond
committing an act of violence against
a person, will be punished with impri-
sonment, commeasurate with the nat-
ulre and circumstances of the violence,
and without prejudice to the heaviest
punishments. ( Note : translation of
< reclusion ) is given as (( imprison-
ment for 5 years at least with loss of
civil rights. )
((Art 237 The punishments designat-
ed by the present code against bear-
ers of false certificates, false pass-ports
or false traveling permits, will always







-1I2-


Art 25. In the case of the loss of a
lecence, a declation will be sent
to the Justice of the Peace to
obtain a duplicati. The Juge de
Paix, after examining the regis-
ter will deliver new copy, shall
make a postscript in the margin
of the register, and make also a
note in the copy stating whether
is the 2nd or 3dr, etc.
Art 26.-- Iersons engaged in business
subject to a higher licence than
the one taken, shall pay a fine
double the amount of the licence
they should have taken.
Art 27.- Persons engaged in business
ofwhich they are forbidden, shall
be fined from 100 gourdes to 400
gourdes, and double for the se-
cond offence
Art 28.- Persons convicted of having
covered with his commercial li-
cence the industry or profession
of others, shall be subject to the
fine in the proceeding article.
Art 29 -- Any importer or wholesa-
le merchant, who shall have been









be placed in each rural section, who,
under the title of Chief of Section, will
he charged wvith the surveillance of
the section, inspection of cultivation
and works, and, the police,
ART 79.
(hiefs of Section will be appointed
by the President of Haiti, upon the
recommendation and responsibility of
the Commandant of Arrondisement ;
they willbe furnished with a temporary
or permanent commission, of the grade
of officer, from sub-lieutenant up to
captain.
ART. 80.
Chiefs or Officers of Rural Sections
will be independent from one another,
and will make their reports to the
Commandant of ommune, or toother
delegates or superior authorities, under
whose orders they are placed, only;
they also correspond with the civil and
judicial authorities and carry out their

Art. ,80.
and judicial authorities and c'srry
out their wishes for the execution
of the laws, each of them will be re-
quired.to live, as much as possltle,








- 33


report to the President of Haiti and
the Secretary of the Interior and Agri-
culture.
ART 70.
This semi-anual report will contain,
in particular :
Ist The number of inhabitants in
each section who are cultivators and
the number who are not.
2nd.-- The nature, progress or-
waste of these cultivations.
3rd- The causes of waste and the
means of remedy.
4th The condition of high-roads
and public roads
5th The condition of water courses.
dams and irrigation canals.
6th. Remarks on the progress of
works, moral conditions, comfort
and needs of the population, and
the execution of the laws.
SECTION 3.
SPECIAL SURVEILLANCE OF COMMANDANTS
OF COMMUNE.
SART 71.

Art. 71.
Cojarf"inp1tJ of Commune exeret Uuie
the tinspAt on"i




1











4-- To rectify a boundary, for each Ihun.trel
steps or under ?
5.- For revising and counter-revising, to
each surveyor working 8 hours: ............ 3.CO
For transportation for going only per
league ...... 1.01)
They get nothing for their return trip.

A rt. 2.- The stamped paper and
cost of registering is n )t comprised in
the tariff. A note shall be made of the
money received by these taxes at the
bottom of the act.
Art 3. The present law abrogates.
etc.








- 145 -


informer and the other half to
the Commune.
Art 36. The following do not pay any
licence fee:
Ist The agriculturist or cultivator,
engaged in the tilling of the
ground.
Cartmen, but if they do work for
any other plantation than the
one on which they are employed,
they are subject to license
2nd It shall be the same for animals.
Generally all who do the work
of transportation shall not pay
a license, unless they work for
persons other than for the pro-
prietor of the plantation owning
the carts and the animals that
they drive.
3rd Blacksmiths, masons, carpen-
ters wheel-wrights, and all
other tradesmen who fix their
residence in the country on a
cultivated plantation are exempt
from a, license fee but if they
work for any other plantation,







- 108 -


be confided to a Commission until
there be a re election or the former
members re-installed.

Appendix to article 32. Moniteur 23rd
August 1913

In case the Council should not have
a quorum, caused by service mem-
bers resigning, the remaining members
shall continue to attend to the inte-
rests ot the Commune until the follo-
wing election, providing there are 3
members remaining In case there
should be less than three, the Presi-
dent of the Republic will add the
necessary number.
As is provided in the above appen-
dix, also as is shown in art 32, the
President of the Republic will choose
the president of the Commission who
will hold the office of the Magistrat
Communal.
Art 33.- Each Communal Council
will name a secretary, who shall be
paid by the Commune.









will be distributed to the farmers and
cullivators who have distinguished
themselves during the course of the
year by their works and products.
Tie program of the festival, its
nature, the value of these prizes and
rewards, the conditions of obtaining
them and the method of their distri-
bution will be determined by a decree
from the administration
Transitory dispositions
ART. 129
Until the division of territory has
been made into new sections add
agricultural districts, in conformity
with article 77, there will be placed in
each section actually existing, one or
more sub-chiefs, who, under the au-
thority and orders of the chief of sec-
tion, will co-operate with him in the
surveillance of the section
The sub-chiefs of section will be
appointed by the President of Haiti,
and will fulfill, temporarily, the func-
tions and duties of section, gratuitous-
ly.






RURAL CODE
OF
X-1 AZL 1X -u



GENDAIIMERIE D'HAITI.








PO'T-A L-PRIINCE
IMp. EDM. ('IIENET, 10G, RrE Roux.
1I9 16









- 112 -


gned by all the members of the Coun-
cil; if they do not sign, a note shall be
made stating the reason.
Art 48.- The dispositions of the
law on stamps. and those on registe-
ring which exempt the acts of the pu-
blic administration of the taxes of
stamps and registering are applicable
to the administrative acts of the Ma-
gistrat and of the Communal Councils.
Art 49. The proces-verbaux and the
accounts of the Communal Council tire
published every three months.

CHAPTER IV.


7he duties of the Councils and of the
Magistrate

Art 50 -- It is the duty of the Com-
munal Council.
Ist, To draw up the list for the pri-
mary assembly and that of jurors
2nd, To take a census of the popula-
tion.







14ti -


they must provide themselves
with a license.
4th Sugar factories, or refineries,but
if the manufacture is not partof
a plantation,itmust provide itself
with a license
5th Public functionaries and other
employees of the public, con-
cerning their functions or their
employment.
6th Notaries, ( officers d'etat civil, a
lawyers, surveyors concerning
their functions.
7th Teachers, professors of science
and arts, concerning their pro-
fessions.
8th Domestics, and persons working
for others for a salary whilst
not owning a shop of any sort.
9th Workmen living on a cultivated
plantation, providing that they
do not work for any other plan-
tation.
10th Haytian ships visiting foreign
po 's.
11th Boats and barks of persons li-









an official report of the sale which will
be signed by the judge, the prosecl-
ting attorney, or the notary
ABT 11.
In the five first days of each month,
in communes having a civil tribunal,
clerks of the coirt will make an ac-
counting, of the funds accruing from
court and other expenses, and the
product of tle sales, collected during
the proceeding month, to the princi-
pal administrators, who, after verifying
them, and deducting the claims and
expenses for the captor, the pound,
and the clerk of the court, will order
the remainder deposited in the public
treasury
Awi' 12.
In the sane delay at the beginning
of each month, in com.nunes without
civil tribunals, the clerk of the court
to the justice of the peace, will sub-
mit an accounting in the same manner,
to the officer of the administration of
the commune, who after verifying
it and deducting the claims mentioned










the police, after the expiration of their
sentence, may be employed on the
work of the commune, for a salary,
until they can take care of themselves.
ART 117.
A procedure similar to the above,
with the same punishment attached,
will be instigated against any person
found in a rural section, having the
reputation of a beggar.
ART 118.
Throughout the exent of the localities
under their direction, rural police
officers should be on the look-out to
see that no one lives in idleness; in
this respect they are authorized to
make idle individuals render an ac-
count of their occupations and the
means of their livelihood, if these in-
dividuals cannot give a good account
of themselves, they will be considered'
vagrants, and ar ested as vagabonds.
ART. 119.
When a person arrested as a vaga-


- 57
al







-1 'ic,-


d'Eniegistrenlc Iwi will inscribe a
mortgage for the taxes due on
the properly without cost to the
Commu Le.
The cancilation of this mortga-
ge is dependent upon the pre-
setation to the Director of the
Bureau d Enregistrement of the
receipt issued by the cashier of
the Commune showing that the
tax has been paid.
3rd No sale of property by Notary
or privately, no mortgage or
others paper relating to the
rights ef property can be regis-
tered or- considered valid un-
less the number of the house
tax of the proceeding year is
stated.
Art 39.- The amount of the house
tax is based on the estimated
value of the houses and huts
spoken of in the proceeding ar-
ticle and according to law.
Art 40 Shall be taxed. All vacant
and fenced lands situated within
towns or villages which serve









sul'rvcor should always be in )pessrss-
ion of all plans and papers pertaining
to the land
Art 19 If the titles are not corr-
ect or missing, the surveyor shall not
proceed to work.
Art I20. When ihe titles are found
valid but parts missing the surveyor
will fix the day when the surveying
will start, then the applicant will ann-
ounce to his neighours by the means
of the usher of the Court of Justice
that on such a day they must present
themselves "with their plans and pa-
pers to assist in the sulve)ing, such
measures must be taken according to
the Civil Procedings.
The surveyor within the same delay
has to give notice to the Officer in
charge of the police of his town, This
Officer can assist or be represented In
case he does not come, the surveyor
will mention it in his act and proceed
with his work.
Art 21 At the date named if the
neighbours invited or their represen-
tives do not appear the surveyor can
commence his# work.










3 ( Mendicity. ) and will be composed
of the following articles : -
((Art 233 Any healthy person found
bigging will be punished with impri-
sonment from six.days to six months.
and sent, after the expiration of his
punishment to (( the residence )> which
will be designated for him by the State.

< Art 234. Beggars, even invalids,
who use threats or enter houses with-
out the permission of the proprietors
or persons in the houses, whether a
dwelling house or a dependent enclu-
sure ; who feign complaints or in fir-
mitties ;who beg in company, unless
they are husdand and wife, father or
mother and young children blind man
and his guide ; will be punished with
imprisonment from three months to a
vear.
And the fourth paragraph following
article 234, will have for its title:- a4
Communal dispositions for beggars
and vagabonds. ) and will be compo-
sed of the following articles:








1;;


during these fifteen days3 they may be
claimed by anyone, identifying himself
as the owner.
ART. G.
The claim will be submitted with
proofs to support it; in communes
having civil tribunals, to the senior
member of the tribunal; in other
Communes, to the justice of the peace.
Ownership will be supported by titles,
brands, inquiries or any other legal
means.
The senior member of a tribunal, or,
a justice of the peace, will pronounce
the law.
If the return of the animal is ordered,
it will not be returned until after the
entire payment of expenses and claims
have been paid, and settled as set
forth in the order restoring the animal.
in accordance with the table of expen-
ses, here-in-after shown.
ART 7.
This payment should be made in the
office of the clerk of the civil tribunal,









eight days before the date set ior the
auction sale.
ART 10.
If after the expiration of this delay
of fifteen days, no one makes any
claim, the public auction ofthe strayed
animals, unclaimed, will take place,
as follows :
At the bench of civil tribunals, a
judge of the tribunal will be detailed,
by the senior judge, every month, for
this purpose ; he will be assisted by
the clerck of the court and a balif; the
sale will take place in the presence of
the prosecuting attorney
In the other communes the sale will
be made by justice of the peace, or
his substitute, assisted by the clerk of
the court, in the presence of the town
notary-public, if there is one, who will
represent the prosecuting attourneyor
his notary
These sales will be made at public
auction to the highest bidder, for cash;
the clerk of the court will make out









ty rights and cannot be contested by
any proprietor.
ART. 12.

A rural property will be considered
enclosed when it is entirely surround-
ed by a masonry wall, palisades, lat-
tice, a living hedge, a dead hedge of
twisted poles, or in any other manner
of making enclosures in use in each
locally, or finally, by a ditch at least
six feet wide and four feet deep, the
embankment on the side of the enclos-
ed property.
ART. 13

An establishment will be considered
to exist when a rural plantation has
upon it a house, a cabin or a garden
being worked under existing rules,

SECTION 2.

Obligations placed on proprietors, squat-
ters, users, other holders, andon the manag-
ers of rural properties.








- 127 -


Art 71.- The Council can vote a
credit in the budget, for unfore-
seen expenses. The sum propo-
sed cannot be reduced or reject-
ed, unless the ordinary receipts
are in sufficient to clear all exp-
enses
Thecredit for unforeseen expen-
ses cannot be used, without the
approval of the Council.
Art 72 If the resource of the Com-
mune are insufficient to cover
the obligatory expenses, the
< communal councill will refer the
case to the Minister of the Inte-
rior, who to raise the funds
shall put the case before the Le-
gisture, so that the treasury may
give the money.
Art 73 No extraordinary contribu-
tin or any loans can be effec-
ted without the authorisation of
the Legislature.
Art 74. The rates of Communal taxes
and those on the streets, other
than those provided for in the
special laws, are regulated by the








- 27


-ma1liidalit dCe place ), or C olll multll
witholiut delay

If the repair work does not extend
from one commune into another. the
commandant (( de place ) or commn-
ne will order it done himself. upon
his own responsibility diraing up
the plans and overseeing the work.

(Note) The Secretary of Interior ivill fix a ma-
xiImuin cost, and i all expe.iditures coming g und"r
thiis figure, may beD ordered by the corimandant of
P 1"O 1 l llm m "e )
A R 57.
If on the other hand the repairs are
large and extend into more than one
commune, commandants of commulne
will notify the commandant of arron-
disement, who after authorization from
the Secretary will order the work
done and oversee it, after the plans
have been determined
Art 58.
a.se the communal counsel -

Art. 58.
In a11 case the communal cou-~el of
each commune, a








-63 -

General dispositions.
ART J130.
The present law will be printed and
published and put into effect throug-
hout the extent of the Republic, be-
ginning with the 1st of January 1865.
ART 131.
The present law repeals all disposi-
tio'ns of former laws to the contrary
ART 132.
Each Secretary concerned is charge(
with the execution of the present law
Translated by CAPTAIN S. HOOKER,
U S. Marine Corps.
LAW OF OCTOBER 27, 1864.
FIRST CHAPTER
MODIFICATION OF THE CODE OF CRIMI-
NAL EXAMINATION,
CHAPTER I
MODIFICATIONS OF THE PENAL CODE
ART 2.
Articles 403 and 404 of the Penal







- i I -


12th, To repair and maintain lights of
the streets, dams, bridges ferry
boats, canals, fountains, doors,
gates and ditches
13th, To maintain slaughter houses,
public washing places, drinking
pools and gutters.
14th, To build stalls, houses butcher's
shops for the display of country
produce, or merchandise in the
markets or on the public streets
15th, To establish the use of standard
weights and measures, also to
verify the weights and measures
.of the public.
16th, To fix the tax on bread and
meat and other articles of the
like which are taxable.
17th, To administer and control the
cemetery and the burial of the
dead, according to the laws and
regulations.
18th, To build and maintain quays,
squares, promenades, and pu-
blic gardens.
19th, To build a pound for stray ani-
mals.








91 -

The papers and plans cannot be de-
livered to the owner without this
additional proces-verbal or the
new plan, under penalty of being
fined fifty gourdes by the justice of the
Peace.
CHAPTER V.
Of plans and of process verbaux
relating to surveying and the hand
book of surveyors.
A) Art 32a. -The plan must be dated
and signed by the surveyor. The diffe-
rent sides of the land surveyed shall
be shown by lines the boundary marks
by letters and the neighboring pro-
perties by the names of the proprie-
tors.
If the lines are near public roads or
crossed by them or near the sea the
surveyor must show it in the plan.
If on account of certain obstruc-
tions he is prevented from surveying
parts of the property, he shall show
these on the plan by dotted lines
Art. 34.- The north shall be shown
by a lance surmounted by liberty cap













THE LAW OF JUNE 10. 180;..

Relative to shaved animals
ART. '1
In villages and towns, vagrant animals
will be conducted, by their captors,
before the justice of the peace, within
twenty four hours of the capture. In
rural sections the delivery will be
made to the commandant of the sec-
tion, as prescribed in article 27 of the
Rural Code
ART. 2.
Justice of the peace will enter in a
book kept for this purpose immedia-
tely;- 1st. -The detailed description
of the captured animal, giving its
species. color of its hair, brand and
most noticeable marks. 2nd.- Date and
place where captured. 3rd Date
brought before the justice of the peace.
4th Date sent to fhe pound. 5th -
Name and residence of the captor.







1221 -

the 1~i of "2 sepC l. O. on V\'L Iy-
boards ).
Art 59 The Magistrat alone
is charged with the administr-
ation of the Commune, )buLthec'n
assign a part of his work to his
assistants
Art. (0 -He can request, through
the Commandant de Commune,
that officers of the rural police
shall assist him, providing the
case requires it The Commadandan
of the Commune must assist him
immediately.
Art i1. When the Magistrat
Communal holds a public auc-
tion on account of the Commu-
ne, he shall be assisted by two
members assigned in advance
by the Council, or taken by order
of seniority. The Cashier shall
assist at all auctions. All cau-
tions are provisional until appro-
ved by the Council.







-59--


place, except in the cemeteries desi-
gnated for this purpose by the autho-
rities.
Never-the-less, the Communal Coun-
sel may allow, in important cases, a
burial to take place on a private
property, in conformity with the rules
which will be prescribed for these
private cases.
CHAPTER VIII.
Pulnish-nenit anfl judgements.
ART. 122.
Infractions of any of the dispositions
of the present law will be punished
with a fine
The confiscation of certain attached
objects and imprisonment, will be
in addition, decided against the delin-
quents, but only in cases covered by
the said law or the Penal Code.
ART. 123
Fines may be awarded from twenty
to three hundred gourdes, according to
the gravity of the case, the calculation







1I 2


Art Io. -Any loreignler whlo cic ),C1Jing
to the terms of the articles abo-
ve, should obtain a commune
license to engage in business
and who should during the year
go against the laws of the
country and disturb the peace
of the State shall looss the rights
of his all comnunu licence and
cannot obtain another one un-
less he first obtain a new licen-
cence from the President of
Haiti.
However, in the case of a part-
nership, when the act of con-
travention does not apply to
the partnership, the recall of
the licence shall affect only the
foreign partner who shall have
committed the contravention
Art 11.- Foreigners employed as
clerks or under any other title,
with merchants, commercial
men, manufacturers or work-
men, either haytians of foreig-
ners, shall be subject to the
taxes specified in the tarif.







15:) -

ries which the laws bring it in
contact with for the execution of
all that is its duties to do
Art 43 Each year the Communal
Council will make a list of all
the houses and huts within the
town and villages, also the ruins
and vacant lots situated in the
town and villages serving as
stables for animals and as lod-
ging for the country people, or
for storeing objects of commer-
ce or of speculation.
The list will state the amount
of the rent paid or the annual
produce of each property.
Art 44.- To determine the house tax
or the annual produce of each
property subject to this tax, the
Communal Council will send a
representative to the leases of
lands or houses. or if there are
not any, lie will consult the
tenant or lessees to ascertain
how much they pay by the
month or by the year ; in
case the information cannot








42 -

to present himself in person to the
Commandant of Commune, every Sun-
day morning, and make an oral report
of the events in the section during the
past week ; in case of hindrance, he
will send one of the Country Guards
under his orders.
2. CHIEFS OF DISTRICT
ART. 90
An officer of the rural police with
the title of Chief of District, will be
placed in each agricultural district, he
will be charged with special surveill-
ance of the inspection of cultivation,
of work and police within the limits
of his district.
ART 91.
Chiefs of District are of military
rank, under temporary or permanent
commissions from the President of
Haiti, as provided for Chiefs of Section
in a perceeding article.
ART. 92.
They are independent of each other







12 -


ART. 25.
All gords for export, before beiiin
put up in sacks, bales barrels or bund-
les. will be carefully cleaned and
put in an honest and salable state,
under penaltyof a fine and at the same
time confiscation of the goods, in case
of fraud.
ART. 26.
In order to insure the carrying out
of the foregoing article the President
of Haiti will issue an order in the
form of a general regulation, setting
forth the method of verifyingthe goods
establishing their quality, packing and
shipping.
CHAPTER III
Leasing rural estates, and contracts be-
teen the proprietors and independent far-
mers, farmers giving the landloi d a portion
of the produce in place of money rent, farm-
hands, or laborers.
ART. 27.
The duration of and the clauses in
the leases of rural estates, the dura-








125 -

an regulated by articles 47, 0,
81, 82. 83, 84, 8, 586 & 87, of the
law of the 22nd September 1(;::.
11lh The repair of the buildings of
the Commune.
12tlI The cost of repairing streets,
quays, public roads, squares,
markets, canals, fountains and
streams
Ilth 'I he expenses of the poor house
established by the Commune,
consisting of provision and ma-
terials. the sulventions given
according to the resources of
the Council, to other establish-
ments of this kind in all parts
of the Commune.
I 4th The expenses of the Council of
Agriculture, exceptingthiose pro-
vided for in the Code.Rural.
15th The settlement of pressing debts.
16th Poor relie',cost of pauper burial.
17th Cost of the meeting of tie pri-
mary and electoral assemblies
18th And generally all expenses char-
ged to the Commune by laws.








23 -

can not demand indemnities for inju-
ries or damages caused by animals
from the ranges, even if the enclosures
of his farm are intact at the time. But
the proprietor of a cultivated piece of
land, more than four kilometres from
the ranges, will have the right to be re-
imbursed for such damages caused by
animals found on his property, even
if he has no enclosure about his farm,
at the time.

/ Note: This article attempts to deal equally
with the raising of cattle and agiiculture, hence, 2
kilometres from the ranges, and 2 kilometres from
the farms, forms, a neutral land of 4 kilometres,
inside of which the farmers suffer and oustide of
which the cattle owners suffer. )

Art 48

Never-the-less, all cultivated pro-
perty. which abutts on a high-road or
public road, should be enclosed,
otherwise the proprietor will not have
the right to any indemnity for damages
committed by animals that have gone
astray.








39


Ill cai elessness and inli ~lioll in the
1performanlce of tueir offices and their
duties; they are equally responsible for
all negligences and infractions on the
palr of the agents Iplaced under their
,orders, if they have not been reported
or stopped.
ART. 83.
Each Chief of Section has under him
lie District Chief and the Country
Guards of the section. In addition he
has the right to order for the main-
tainance of order and the execution of
the laws and other acts of the go-
vernmenl, the armed force provided
for this purpose; and at the same time,
if necessity arises, to require assis-
tence from all citizens, national guard
or other-wise.
ART 84.
Any citizen whatever, who refuses to
obey the demands of a rural police
officer, as covered in the proceeding
article, will be liable to a fine.
res'Jrile.. ART. 85
Art. 85.
The Chief of Sectic- is req.:ed 'i
to make a circ44it of htr sectcrn, at
least once a mqnth visiting etc.







-- 122 -

5th lTe produce of concessions of
ground in the closed cemeteries
6th The fees for the administrative
acts of the commune, in confor-
mity with the tarif adopted by
the Council.
7th The, produce of the fines pro-
nounced by the tribunaux de
Paix and a part of the fines pro-
duced by the correctional courts,
according to the number of com-
munes in the jurisdiction
8th The produce of patents and hou-
se taxes
)tlh The produce of 15 o/, of the re-
venues of the public lands situa-
ted in the Commune.
10th The produce of the taxes on
alcohol.
llth The net produce of the conces
sions of water and the taxes on
the fountains supplying foreign
ships.
2th Of the net produce of the sale of
strayed animals captured in the
Commune










SECOND PART.


CH APTER 1.

Licenses

Art. 1. All persons doing any kild
of business subject to communal
licence to require one should
send a written application to the
Communal Council, which will
deliver to them a certificate and
keep the application,
Art. 2-= This application and certifi-
cate which will de delivered,
will mention the full name of
the person requesting the licen-
se and will specify the business
which the person proposes to
undertake.
Art. 3.- Any Hailien running a busi-
ness of any sort, under the name
of a firm, is compelled when
making his application,to exhibit








- 72 -


Af their this is verified,the justice of
the peace will give the captor. a cerli-
ticate containing this information, and
will order him to take the animal to
the town pound.
ART 3.
The keeper of the pound on recei-
ving the animal, will enter in a regis-
ter kept for this purpose, the contents
of the certificate. which will be shown
him by the captor.
ART 4.
In each prison, there willbe a pound
assigned to hold strayed animals
These animals remain in the charge
and custody of the warden, who will
be responsible for them and should be
able to produce them, under penalty
of the law, any time they are called
for, by the justice of the peace or, the
prosecuting attorney.
ART. 5.
Strayed animals, captured and put
in the pounds, will be left there for
fifteen days, counting the day of entry;









81 -

ART 19.
The present law revokes all former
laws which are in violation of it.
ARTr. 20.

The Secretary of Interior and Agri-
culture, the Secretary of Finances and
Commerce and the Secretary of War,
are ordered, where it concerns them,
to see that the present law is carried
out.


TABLE OF EXPENSES.


Ist. Expenses of capture.
Tax of capture, to any captor .G. 4
Tax of capture and delivery to the rural
officer. 10

2nd. Taxes and pound expenses
to warden.
Tax of arrival, to the warden ....... 2
Tax of registry and depot......... 2
Tax of departure. .. ........... 2
Tax of maintainence, per day. ...... .
Expenses for food, cattle, horses, mu-







S20 --

ART' 40.
Any proprietor or range guard, find
ad ing an animal belonging to another,
in llis herds. will hold it while notice
is given to the neighboring proprietors
of ranges; and if the animal is not
claimed within twenty four hours the
rural police officer of the section will
be notified.
ART 41.
One month after this notification if
the straiige animal is still unclaimed.
the rural police officer will effect its
*'aplure, and proceed as laid down in
the law for strayed animals

( Note: The delay of one month is given by the
hivv, to allovv t!1 police to make inquiries as to
o\vn' ship. If claimed vvithin this mno:th it is un-
derstood, that a just indemnity vvill be paid, if
not claimed, the procedure prescribed in the Inv
Latinong to strayed animals, and that set forth in
article 32, paragraph 2, and article 33, vvill be
'ill.,\'ed. )
Art. 42.
Anvanimal known to be affected by
a contagions or opizootic disease, will









Inimuc as possible, in the centre of the
section under their charge They will
take oath, to the Connimanldan of the
Arrondisement, to faithfully fulfill Iheil
duties, before entering into office
Awr. 81
These duties in each section, consist
especially in :
1st. Maintaining good o. der and
peace.
2nd --Carryingoutt thelawsin general,
and in particular, the laws and
decrees relating to agriculture and
police in the country.
T3d. Protecting property and sur-
veillance of cultivation and all
manual labor.
4th. Watching over high-roads,
public and parishl roads, water
courses dams and canals of distri
bution and irrigation
5th. Repressing va:galbondage, di-
sorders and all kinds of infractions
against police regulations.
ART. 82.
Chiefs of Section are resni .










be had or is insufficient, ,lii
also when the owner is living
in his owne house, the Communal
Council will fix the amount of
the tax, or the annual produce
of the property by two arbitra-
tors, one chosen by the Council
and the other by the interested
party.
After a delay of eight days, if
the individual does not nam e
his arbitrator, he cannot protest
against the decision of the other
arbitrator. If they should tie, the
two arbitrators shall name a third
within twenty-four hours there
after, and if they do not agree
on one the Juge de Paix will
name one, for the occasion on
the request of the Communal
Council.
Art 45.- As soon as the Communa
Council shall have the necessary
information, a list shall be made
of the names of the persons pa-
ying taxes, with descriptions of
the property, its annual produce,










TITLE I
Of commune
CHAPTER 1.
General Disposition.

ART 1- The Communes are divi-
ded in Io two classes.
ART 2.- The first class is composed
of Communes which arc selfi-adminisi-
ering, the second is composed of those
administered under the control of sup-
erior authority
ART. 3. The first class is compo-
sed of the towns of Port-au-Prince,
Cap-Haitien, Cayes, Gonaives, Jacmel,
Jeremie, Saint-Marc.
AnT. 4.- The other towns and Com-
munes may in the future, according to
their importance and development, be
included in the first category.
This admission will be declared by
an (( Arrete of the President of the
Republic.






11 -
--H I

knio\\ i1 as tarming Lanids and plila.-
tions affected by farming are not subj-
ect to taxes, except on the total produ-
ce taken in.
An T. 22.

Secondary cultivation consists in
the cultivation of truck. flowe s, fruit
trees, provisions and forage. Lands
and plantations of secondary cultiva-
tion are subject to territorial and land
taxes.
AnRT, 23.

On each rural establishment, other
than count y or private dwellings,
enough provisions will by kept on
hand and cultivated, as food for the
employees and animals needed for the
work on the plantation
ART. 24

Proprietors, farmers managers and
even the farm-hands under Iheir orders
will be held strictly responsible for
keeping up plantations producing any
kind of produce.







- 34 -


under the < inspection ) of Commllan-
dants of Arrondisement a special
(( surveillance a over all rural sections
in their Communes
Within the confines of the commu-
ne, this special (( surveillance ) em-
braces the same duties contaiined in
the regulations governing the (< ins-
pection ) of Commandants of Arrondi-
sements, within the confines of their
arrondisements
ART 72.
Consequently the Commandant of
Commune is responsible in his comi
mune for :
1st The security of persons.
2nd.- The protection of property
and agriculture, order and zeal in
trade, and the discipline in the
work-shops
3rd.-- The condition of hiigh-roads,
public roads water courses, dams,
and irrigation canals.

Art. 72.
ti, .- 'The execution of the laws.
h#ny houldd keep themselves constan-
tly posted on the moral, sanitary con-
litions, as well as on the legitimate
e.s:;s of the people.








10


AnT. 19.
No one is allowed to leave a wagon,
cart or any other obstutiction likely
to block traffic. on public or private,
norto divert and drain the water roads,
from the side ditches, by any means,
under penalty of a fine and reparation
for the damage caused by accidents
or harm brought about by disobedien-
ce of this article

SECTION 3.
On cultivation in general.
ART. 20.
Proprietors are at liberty to vary
the cultivation and farming on their
lands, at will, and are at liberty to
place all kinds of produce on their
properties, in the Republic, provided
they do not harm the rights of others
and conform to the law.
ART. 21.
Improvement to trees, produce and
grains subject to improvement, is










aw\ oni Suirveyingj.
IST SEPTEMBER 1845.


A Rr. 1st In each Town of the Repu-
blic, there will be two to four public
surveyors, according to the importance
and the extent of the localities.
ART.2.--In the fuue ure no warrantt
will be granted as public surveyor un-
less the applicant is at least twenty one
years old, his chat acter must be good,
he must pass an examination before
three surveyors chosen by the Minis-
ter of Public Instruction.
Art 3. A Government surveyor
cannot Ihold any other office in the
government.
Art. 4.- These Surveyor t;,ke the
oath before the Justice of the Peace
in the town where lie is to work
Art. 5-- The Surveyors can work
beyond the boundaries, when they are
requested in that case their expenses
shall be paid







-- 143


convicted of having sold quanti-
ties ,f merchandise for a lesser
sum than that which is fixed in
art, 14 proceeding, shall. be con-
demned to a fine from 100 gour-
des to 400 gourdes. In the se-
cond case, the fine shall be
doubled and the object of the
contravention seized and sold for
the profit of the Commune.
A rt 30.- The haytian or foreign im-
porter, who shall violate the dis-
positions of the present law three
times, shall loose his licence.
Art 31.- The list of the names of im-
porters and wholesale merchants
shall be posted not only on the
walls of the tribunal de paix and
the office o' the Communal Coun-
cil, but also on the doors of the
Court of Commerce, and in the
office of the Chief ot those ports
open to foreign commerce.
Art 32. Unless the number of the li-
cence for the current year is
mentioned in an act, no request
can be made, nor can any ac-








24 -

Section 3.
TAKING ANIMALS FROM ONE COMMUNE
INTO ANOTHER.
Art 49.
Whoever wishes to drive one or more
animals from one commune to ano-
ther, must obtain a permit setting forth
the kind and quantity, the brand or
marks of the animals he is taking the
place of departure and the destination,

( Note: This is to stop cattle stealing.)

Art 50
This permit will be recorded in a re-
gister. kept for this purpose, by the
chief of section at the point of depart-
ure, and willbe given freets, him, on a
piece of stamped paper ; in addition.
it will be vised be the other com-
munes through which the animals
pass.
(Note : The register is kept to establish identi-
ty later. The pass is given to insure fre'don of
travel. )








1 --

Art .-S.- A\ny otli e person than ll he
cashier, who without legal authoriza-
tion shall meddle with the public funds
of the Commune will be held respon-
sible as a cashier
The same person can be charged,
according the dispositions of the art.
217 of the Penal Code, tor having in-
terferred without authority with a pu-
blic function
Art 39, The accounts of the com-
munal cashier shall be audited and
signed every month by the Magistrat
Communal, and at the end of each three
months by the Communal council
Art. 40.- All workmen, employees
of the office and other services of the
commune, shall be named by the
council.
Art 41.- The council names the
commissaires and men of the commu-
nal police, who are to form this police.
For this organization to become effec-
tive it must be approved by the Go-
vernment.
When the central government thinks







- 93 -


the parties present, should any refuse
a note shall be made, and the cause
stated.
'Art. 36.- The copies of the plans
and the process verbal" shall be cer-
tified and signed by the surveyor, they
cannot be delivered to any other per-
son than the proprietor unless by
order of the Justice of the Peace,
under penalty of paying a line of fifty
gourds besides the costs.and interest
of the suing party.
Art. 37.--- The minutes of the co-
pies of the process verbal shall be
made on stamped paper, the minutes
shall be subject to the register tax ac-
cording to the law.
The surveyors shall write with their
own hand the total of their fees.
Art. 38.- Each surveyor shall keep
an account by order of date and
number of all his process verbal
and surveying This note-book before
being used, shall be signed on the
first and last page by the Justice of the
Peace, and shall be signed also by









117

above should by the dliigcn' c
of the Magistrat be coinmunica-
ted to Ile Minister of Interior,
within fifteen days of the discus-
cusion tor his appro)lval, other-
wise tl.ey cannot Ihe executed
Art 5. Tlhe Commun al C(ouncil can
express its ideas on all matters
of local interest, whether it
concerns them or not but in no
case can tiey discuss politicall
affairs or things foreign to the
administration, or of general
interest,nor may it j)ubllish pro-
testations, proclamfations or ad-
d dresses.

CH Pi fR V.


"he duties of the1 Magistrat Communal.

Art- 55.- The Magistrat is char-
ged :
1st With thepublishing and the exec-
ution of the laws and acts concer-
ning the Commune.








152 -

mumber of houses The list should
be completed on the 15th of Sep-
tember at the latest. It shall be
sent by the Cashier of the Com-
mune to the Juge de Paix of the
Commune to be posted on the
door of the Court House. The
house tax will be collected from
October first by the Cashier at
the Communal office.
Art 46.- Any person not paying his
house tax before the 15th of No-
vember shall be prosecuted ac-
cording to art 18th of the law of
4876 The fine sliall be of 0 50
cts per day for the delay plus 10o1
of the total of the house tax which
is due The expense of cancelling
the mortgage faulty to be paid by
the proprietor shall be reduced
by half.









Art 45.
Every hired herder or range guard
is required to notify the rural police
officer of the section, within twenty
four hours of the death of any animal
of the herd, and whether this death
happened through an ordinary, or
contagious disease. or through an
accident.That portion of the hide bear-
ing the brand of mark will be kept,
to be shown to the owner ; neglect in
carrying out these instructions will
place the herder or range guard liable
to a suit for damages.
Art 46.
Animals on ranges, as well as those
used for work on rural estates, will be
branded after the established custom;
this mark will be proof of ownership
until the contrary is proved.
Art 47.
In localities neighboring on authoriz-
ed ranges, the proprietor of a cultiva-
ted piece of land, less than two kilo-
metres distant from the said ranges,







- I19 -


exchange, sharing, the accelptil,
of gifts or legacies acquisitions,
transactions, when these acts
have been authorized hv the cou-
ncil and approved by) superior
administration
7th The execution of all acts of the
councill and to represent the
Commune in the Court houses
either as defendant or plaintiff,
after having received the autho-
rization of the Council
Art. 57.-The administrative or
police decisions made by the
Magistrate shall be published as
arretes and a copy sent to the
Minister of Interior.
Art. 58. The Magistrat Comm-
unal is by right a member of the
vestry-board of the Commune.
He reports to the Commissaire
of the Government, the vicarwho
at the moment of his installation
did not take the oath according
to the law, and to look after the
situation of the presbytery and
its dlependances (art, 41, & 42 of








111


it dc.siieal-Ic, the police without cea-
sing to do duty the commune shall be
incorporated in the police administra-
tive receiving pay from the national
funds.
A HT. 42. The duty of the police is
regulated by the commune
ART 43. The national guard is or-
ganized by the conseil communal ac
cording to the laws on the subject.
ART 4.-- The Commual Council on-
lycan suspend or revoke its employees
AhT 45. Tie meetings of the Com-
munal Council are public but on the
request of three members, it can be
made private for special discussion.
ART 46 The liberations of the Com-
munal Council must be approved by
the majority. In case of a tie, the
president has two votes on the request
of three members present, the delibe-
rations can be balloted.
ART 47.- The proces-verbaux of
the meetings are inscribed, in order
of dates in the register reserved for
that purpose this register shall be si-









A u 38.
To establisli a -in, for cattle one
must be the proprietor of at least fifty
" carreaux of land, with sufficient
pasturage ; and to establish a range
for swine, one must ie the proprietor
of at least twenty five carreaux of
land.
A RT 39.
The number of guards for each range
will be fixed by the authority written
below ; the proprietor will be liable
fo a fine, in case of infractions
In accordance with the wording of
these articles ( 47-8-9)), in order to
establish a range, the following is ne-
cessary :
Ist.-To first obtain the; authority of
the Secretary.
2nd To be the proprietor of real
estate.
3rd.- To have a certain number of
guards.
XXX the, number of guards will be
fixed by the Secretary-Art 34 xxx.







- 126 -


All otlier expenses not mentioned
shall be optional
Art 67 Therepair of the roads is the
duty of the Government; but the
Communal Councils can bring to
the notice of the Minister of In-
terior, the repairs necessary in
their Communes.
Art 68 The budget of each Com-
mune is made up by the Magis
trat and voted annually by the
Council and sudmitted to supe-
rior authority on the fifteenth
of September of each year.
Art 69.- The sums which may be
found necessary either after the
vote or the approval of the bud-
get, or during the fiscal year,
are als,, discussed and voted by
the Communal Council and sub-
mitted to superior authority
Art 70.- In case the expenses should
exceed the extraordinary reci-
eipts of tlie Commune, the supe-
ri, r authority shall be advised
in time, he will study the ways
and means proposed to settlt
and tlese expenses loans.







135


the licenses shall be drawn up in
conformity with the system of
the Communal bookkeeping,and
shall be forwarded to tie Justice
of the Peace of the Commune
who sh ill paste it on the doors
of the Court house.
Art 6 --A foreigner may not engage in
business, unless lie is pr-ovided
with a license from the Presi-
dent of Haiti
This license is good for one
year in the town for which it
was give.
Art 7.- All importers are tlose who
are provided with the license
required of by this class ofmer-
chants.
Art 8 A foreigners will not be allo-
wed to do business unless he is
an importer and then to do
business only in the open ports.
Art 9 -- Foreigners allowed to en-
gage in any other industry
than commerce shall pay dou-
ble the tax paid by a haytian
in the same business.







7i) -


All danse and other practices of any
kind likely to foster in the people, a
spirit of fetichism and superstition,
will be considered sorceries and will
receive the same punishments.
( Art 406. People who have as a
trade fortune telling, divining, foretel-
ling explaining dreams, or telling fort-
unes with cards, will be punished by
imprisonment of not less than two
months or more than six months, and
a fine of from one hundred to five
hundred gourdes
In addition, after the expiration of
their sentences. they will be placed
under the surveillance of the police,
on account of their conviction, if for
no other reason.

( Art 407 Instruments, sutensils and
costumes, serving or destined to serve
at the rites covered in the two precee
ding articles, will be seized and conf-
iscated for burning or destruction.


( Oct. 29, 1864 ).






- 32 -


inspect and have the general surveill-
ance of all rural properties in their
arrondisements.
They exercise in the name of the
President of Haiti all authority iece-
ssary for the security of persons, pro-
tection of property and works, deve-
lopment and progress of agriculture,
up-keep and repair of high-roads anld
public roads, dams and canals, rmain-
tainance of public order and pea ce.
and the repression of vagabondage.
Commandants of Commune Chiefs
of Section and District, and all officers
of the Rural Police, are under tleir
orders : they are responsible for the
negligence of the latter if they have
not attempted to restrain such negli-
gence
ART 69.
The Commandant of Arrondisement
should make nt i pot tr. .--.--.
Art, 69.
TL, ,,noiuna idant of arrondissement should
mak at least two general inspections a
yea, semi-anually, of all rural sections
of ichi his arrondisement is composed.
Inthe fifteen days f llwing each inspect
pecion be will make a detailed report to
thePresident of Haiti and the Secretary
of ie Interior and Agricultlire.







- 138 -


dry goods or salt provisions.,tc
they cannot sell less than a roll
of cloth, by the dozen, by lots,
by gross,by thotsands,by ream,
by roll, by barrel, by case, by
demi-john, by basket. or by
half-drum.
Art 16.- The wholesale seller, of
hardware can sell in a y quan-
ties
Art 7 The taxes of the license
shall be paid at the office of
the Commune to the cashier
Art 18 The license must be taken
out eaqh year, from the first of
October to the fifteenth of No-
vember. at the latest All per-
sons subject to license, and who
have not taken them after five
da)s of the delay fixed, shall
be de ounced to the cashier of
the Commune and shall be co -
demned by the Justice of the
Peace, to a fine of fifty cents
per day for the delay, plus
10o/o more on the amount of
the license fee that the person
should pay








(iS -

on account of their species, be given
the maximum, when they happen to
to be vagabonds or beggars.
A Art 239. Vagabonds or beggars in
good health, who have served the
sentences prescribed in the proceeding
articles, will remain in ( the reside-
nce ) designated to them, and be un-
der the surveillance of the police long
enough to show their intent of earning
a livelihood, or, until they produce
the proper bail.
( Art. 239. Sick beggars will remain
until the end of their punishments,
from one to three years, under the
surveillance of the police.
ART 3
Art 246. of the said Penal Code,
now in force, is and will remain modi-
fied in these terms ;-
( Art 246. Imprisonment is ordered
for anyone, or accomplices, making
an attempt on the life of a person,
with a substance which may cause
death, more or less quickly, and the








- 107


t place other than the d e..si;latL-
meeting place are illegal
Art 29- The nulity of these deci-
sions shall be declared in an ( arrete
of the President of Haiti made on
the report of the Minister of the Inte-
rior.
Art 30 --- All decisions of the Coun-
cil. such as arrete n or decrees,
before being put into execution, shall
be sent to the Minister ot the Interior
for approval.
Art 31.- In cases provided by the
law, the President of Haiti, on the
report of the Minister of Interior, can
pronounce by an < arrete ) the sus-
pension or the dissolution of a Com-
munal Council.
In the arrete the duration of the
suspension should be stated, or the
date of the renewal of the Council.
The re-election must take place
wjihin three months of the dissolution.
Art 32.- In case of suspension or
dissolution for malversation or other
acts, the service ot the Commune shall







128 -

Cotinciland approved by theleg-
islature before going into effect.
A I 75.- All works, whether conlslruc-
tions or repairs, exceeding 20o
gourdes shall be given the lowest
bidder, presenting to the best
plans and estimates.


CHAPTER VI1l

OF THE BOOKKEEPING OF THE COMMUNE

Art 76 The Magistral Coimmnnal
alone delivers checks for pay-
in en t.
If he refuses to give the order of
payment of expenses duly autho-
rised, the councill will make an
arrete, which shall be as good
as the check of the Magistrat.
,Art 77 The cashier of the Commu-
ne under the authority of the Ma-
gistrat is in charge of the Com-
munal receipts expenses and of
the bookkeeping.







140 -

Art '20.- The licenses are delive-
red by the Cashier of the Com-
mune. They are given gratuitously,
but on stamped paper according
to the law On each license
numbered and delivered shallbe
written the dispositions of art 18
of the present law
Art '21 The license obtained from
the Communal Council shall be
immediately presented to the Jus-
tice of the Peace to be registe-
red, and he shall sign them and
make a note of it on the margin
of the application in the case ofli-
cence for ships and sailing ves-
sels in the coast trade, a note
shall be made of the name of the
ship, owner the name of the vessel'
and its tonnage
Art 23.- Any ship sailing under the
national flag, must be built in the
country, or be recognized as hay-
tian property by the authentic
deeds of the sale, and by the
taking of the oath demanded of
the ship owner, by the Justice of
the Peace, to assure himself








- 64 -


Code actually in force, are and will
remain repealed and replaced by the
following paragraphs :
Section V, of Chapter III, entitled :
( Crimes and offenses against the pub-
lic peace ) will, in future, be compo-
sed of three paragraphs,
The first paragraph will have for its
title : 2. ((Malefactors. ) and will cons-
ist in articles 224, '225, 226 and 227,
without modification.
The second paragraph, which takes
the place of articles 227, will have for
its title : ( 2 Vagabondage ) This par-
agraph will be composed of the follow-
ing articles : -
( Art 228. Vagabondage is an offen-
se.
( Art 229. Vagabonds or vagrants,
are those who have no definate home,
no means of livelihood, and no perme-
nent trade or profession
( Art 230. Vagabonds or vagrants,
who have heen legally declared as such








AmT 14

It is expressly forbidden to fell Ile.
nI1 mountains within one hundreI
paces of their crests or at the head of,
or around springs, or rivers, shoulidi
plant about these springs a-nd on the
banks of these rivers, the iamb)oo and
other trees proper to revet the ground
iand hold the moist e, under penalty
of a Hie of oni humdlred gourdes.

A\ r 15.

A proprietor wishing to burn a young
I. s, a field of old cane. a (( s.va\ nne,,
s' other kind of ground will notify
I the bordering neighbors twenty
S'i l irs in ;adv nce

A nr. 10.

it is forbidden to light a fire in the
isa\vanne,, eti iieldsor gardens ofplan-
atlions, without the express aut 111rity
>fthe proprietors or their represent-
atives. i Note : Penal Code 35(i awards
Cleath penalty to incendiaries. )








- 35 --


conditions, as w\ell as on the legiti-
mate -needsof the people.
.\wr 73.

The Commandant of Commune is
reIquired to make a circuit through all
thle rural sections of his commune, at
least, three times a year.
AKT 74

The Commandant of Commune, du-
ring each circuit. will visit the gar-
dens of produce and provisions, the
different kinds of cultivation, and the
new plantations ; he will inquire into
all the details covered by the present
law and will satisfy himself that the
officers under his orders are satisfac-
tory in all the duties to which he may
have assigned them He will restrain
negligence and irregularities, he will
listen to complaints and accusations;
he will settle the first, if verified, and
will prepare a detailed report for each
I. '. --- -- -1: lt' I r thp
Art. 74.
he will settle the first, if verlfM d,
end will prepare a detailed report for
each section. sending it irieedi tely, to
the ComIandrnot of Arrondisement.








- 95 -


the Peace from there to six months at
the most the second time he shall be
revoked.
CHAPTER VII.
Surveyors taxes.
Art 41.- Is modified by the follo-
wing law.
Art. 42.-- The present la'v shall be
executed by the Minister of Justice and
Public Instruction.
11.- Law of the 8th August 1887
Art. Ist The taxes of the surveyors
henceforth are as the following :



1. For surveying a property in town or
.village G. 4.00
2.-- a in the country not
exceeding five a carreaux ,, for (ach car-
reau in the mountain.- ----- 5.00
in flat country each .-- ...-.....- ...... 4.00
3.- For survey.ngacountry property excee-
ding five a carreaux or) whatever may be
the arta, in the mountains 2 '0
In flat country i 20 1iO
Plus for each carrenux after the five
This must be added to the costs of the plan 1 00
and a proces-verbal ).








- 90 -


se the case, if the contrary happens
the costs falls on the faulty surveyor.
Art 28.- If an absent party or one
who would not show his papers or one
whose papers were found void or parts
missing asks to revise the surveying,
all costs will be paid by him wether
he looses or not.
Art 29, If the surveyor of any par-
ty believes that his interests were pla-
yed with in the revision, he can ask
for a counter-revision.
Art 30 A counter-revision cannot
take place unless it is an order issued
from the Court of that Jurisdiction after
a verdict was rendered, and the work
done by five surveyors named by the
Court.
Art 31.- In case of a revision and
a counter-revision the party who asked
for it shall deposit in advance at
the Justice of the Peace the total of
the cost that it will incur.
Art 32.- A process verbal of the
revision or of the counter-revision
shall be made at the end of the pri-
mitive document and new plans made
based on the old one.








- 16 -


In cases wheie the animals col~lmil-
ing the damages, could not be captu-
red. the rural police officer, on the
information given him by the propriet-
or of the devastated estate, will in-
splectthe said estate, and will determi-
ne and put a value on the extent of
the damages committed; he will also
gather and put in his official report,
the testimony ofthe witnesses, leading
to the indemnification of the animals
and their owners.
ART 33.
Immediately after this investigation,
or nol later than the twenty four hours
allowingg, the rural police officer of
the section will send his official report
of the capture and investigation, to-
gether with the captured animals, lo
iihe justice of the peace of the com-
mlune,whio will order the animal plac-
ed in the communal pound. without

A I 31.
"lT' justice oft'he peace will aninou-
', within three days, the fine incurred








--- li -

Art 51. The Council regulates the
following in its discuissions
Ist, All receipts or expenses, either
ordinary or extraordinary.
2nd, The budget of the Commune,
which shall be submitted to the
Minister of Interior, to reclaim
an equilibrum in case of a de-
ficit.
3rd, Io undertake the projects of
construction, large repairs and
demolitions in general.
4th, The mode of administration of
the funds of the Conmune, and
their use to different ends.
tlh, To allign the houses properly
on the streets and the create a
tax by an arrete which shall be
collected by the Commune.
Art 52.- The accounts of the Admi-
nistration of the Magistrat Com-
munal are either examined by
the Council or by a commission
named for that purpose by the
Executive power.
Art 53.- All the decisions indicated









S118S -

These laws and acts shall be ins-
cribed in a register kept for that
p) rpose.
2nd Of any other function, that the
law may attribute to him.
Art 5(1 The Magistrat is other
wise specially in charge of:
1st The urban police and of the streets
in conformity with tle laws
and the execution of the decis-
ions of the Communal Council
2nid The administration and the cont-
rol of the revenues and of the
establishments of the Commune
3rd The pieplaration of the budget of
the Commune and the order of
expenses.
Ith The direction of works ordered
by the Council.
5th Thie conclusion of the market
leases and auction of the works
and other objects in accordance
with the arretes of the Council
and in the forms that they will
establish.
Oth The drawing up the acts of sale,










-onti n itlng to the cul s w : ic li
])e established to tlis effect.
ART. 6.
All Peddlers of cities or ki\i .-
p)roperly licensed, may sell iI. ii
provisions and m 1rlchandise in tlie i t-
al districts, by conforming to the reg-
ulations.
A R'r. 7. --
Felling trees, clearings not autlori-
zed by a proprietor on his lands, or
by the State on its domains, will im-
mediately lead to the arrest of the
offender, by the chief ol the rural sec-
tion, who will take him before the
justice of the peace of the commune,
together with the facts established by
an investigation of the illegal act.
( Art 365 Penal Code, )
ART, 8.
Un-aluthorized mining, removing
stones or minerals from state or priva-
te lands, will be punished by a fine.








103


eleclk, by the primary assemblyy of
each Commune.
Art 10 --- They are elected for three
years and can be re-elected indefinitlv.
Art 11 --- The Assemblies are convo-
ked according to the law and in con-
formity with the Constitution.
Art 12- The Magistrat and the as-
sistants are named by the President of
Haiti. and are chosen from the mem-
bers of the Council and serve the
same term as the members.
Art 13 --- A member of the Commu-
nal Council must be twenty-five years
old, the owner of real property, and
reside in the Commune.
Art 14 --- The following may not be
members of the Communal Council.
Ist- The bookkeepers of the Commu-
nal Funds.
2nd- The paid agents of the Com-
1mu e.
3rd-Contractors doing wor kfor the
Commune. *







17 -


and the damages iwaridd tor the ldes-
truction committed
The fine and damages will be paid
by the owner of the captured animal,
without appeal against the keeper,
should appeal exist.

ART 35.
In no case and under no circums-
tances will proprietors, farners. ma
nagers, or other persons, who have
captured animals, in cases covered by
the present law, use them for any
service during the time the animals are
in their possession

ART 36
The justice of the the peace will
allow the chief of section, a sum of
ten gourdes for each animal captured
and sent to the pound, to cover ex-
penses of bringing it in and the inves-
tigation concerning its capture.
These expenses will be charged a-
gainst the owner of the captured ani-
mal.









The fine thus fixed, the amount
of the license fee and costs if
not paid witli.i 48 hours after
the sentence, will result in the
prompt seizure of the mercha n-
dise country produce, furniture
or other belongings of the person
in arrears by the Juge de Paik.

The objects seized shall be sold
immediately at action sale until
the sum required is collected. The
dispositions contained in the pie-
sent paragraph do not interfere
\\itll the 6th article of the Penal
Code concerning arrest for same

A rt 19.- Any person desiring during
the year. to start a any business
orindustry whatsoever, shall pro-
vide himself with a license whi-
ch shall show the time remaining
to the end of the year,and the sum
to pay in proportion. If the time
commenced isin the second quar-
ter of the year he shall pay for
nine months if in the last he
shall pay three months








INDEX


RURAL CODE OF H AITI PAGE

G general dispositions .I........................ ...... ....... 3
General rules relative to theadminist-
ration of rural estates and establish-
m e n ts ......... ..................6....................... ................... 6
Limits of landmarks, enclosures and
establish m ents .................. ................... ........... ....... 6
O n cultivation in general ...................................... Io
Leasing rural estates, ani contracts-
between the proprietors and indepen-
dent farmers, farmers giving the
landlord a portion of the produce in
place of money rent. farmer hands
o r lab o rers ................. ................. .................................... ..... 12
Guarding and captute of animals and
damages committed on rural estates 14
Establishment and administration of
grazing ranges .................... ....................... 18
Taking animals from one Commune
in to an o th er .............................................................. .......... 2 4
RURAL POLICE. General disposit-
io n s ..... ................. .............. ............................................ 3 0
Inspection ana surveillance of Com-
m andants of A rrondisem en ..................................... 3
Special surveillanceot Commandants
of C om m u n e ....................... ...................................... 33









salary is paid them at the end of each
month, by twelfths.
ART 100.
Never-the-less, officers of the rural
police and country guards are under
military discipline and the laws and
regulations governing the army.
ART 101.
Any officer of the rural police, who,
without a legitimate excuse, fails to
make the circuits and visits prescribed
by the present law, or, who fails to
fulfill the functions and duties which
have been placed or imposed on him,
will be liable to a fine for the first
offense; but; for a second offense, he
may be suspended from office. In the
first case, the fine will be awarded
and determined upon by the Comman-
dant of Commune, as a disciplinary
punishment; in the case of a second
offense the punishment will be inflic-
ted, on the accusation of the Comman-
dant of Commune, by the Comman-
dant of Arrondisement, who will be


- 50 -







21 -

TITLE I !

CHAPTER VI


The receipts and expense~ of the
Comnllune ar'e:
Art. i6. The receipts of the Commu-
ne are either ordinary or extra-
ordinary.
Art.63. The ordinary receipts are as
follows.
Ist The revenues of the Communal
properties,
2nd The produce of the lease of the
slaughter house,
3rd- IThe produce of the taxes on
stall, markets, weights and mea-
sures slaughter house, and the
pound, according to the authori-
sed tarifs,
4th The produce of the Communal
toll-houses, the stamping of
weights and measures, the tax
on the streetsand others legally
established.








85


Art. II No surveyor can destroy
or modify during his work the work
of another surveyor, only in case of
revision.
Art. 12. Surveyors are bound
during their work to bring to the not-
ice of the Administrator of finance or
his assistant all lands they find belon-
ging to the State, and to the Curator
all vacent successions or people living
on them.
Art 13. Surveyors when request-
ed shall communicate to the Civil and
Military Authorities the minutes of his
plans and written proceedings someti-
mes even to give certified copies.

CHAPTER II.

Surveyors instruments

Art 14. The compass, the Chain,
the a toise are the most indispensa-
ble instruments of the surveyor.
Art. 15. 'I he Compass may be att-
ached to a graphometer. the chain is








- 18


SECTION .2.

ESTABLISHMENT AND ADMINISTRA IlON
OF GRAZING RANGES.


A ir 37.

Grazing ranges intended for raising
and nourishing an mals, in herds, can
only be established in places proper-
ly distant from farms in operation,
and. in virtue of and authority pro-
viously vested in the Secretary of the
Interior and Agriculture. he can, in
every case, refuse or not allow it, in
conformity with certain conditions in
the interests of agriculture Authozity
will not be given, except after and
investigation made by the comman-
dant of the a rondissement to which
all the proprietors, inhabitants or o-
ther interested persons neighboring the
place selected tor the establishment of
the range, are summoned, and, upon
the resulting report of the comman-
dant of the arrondisemetit.








98 -

Rural Section & Rural Districts 36
Officers of Rural Police and Country
G u yards .. ......... .. ............ 36
( CHIEF OF SECTION )
C hiefs of D district .................. ......... ......... 42
C ou ntry G uards .............. ........ .......... .. 43
NOTE Extracts from the Code of
CRIMINAL Examination ... 44
Chiefs of Section and District; Coun-
tr y G u a r d s ... .................................................... 9
AGRICULTURAL COUNSELS 5
Maintainance of order in the country
and suppression of vagabondage ................4
Punishment and judgements .......... 5
Agricultural festivals, rewards & pri-
zes of encourage ent ...... ............ ..... 6r
T ransitory dispositions............................... 62
MODIFICATIONS ofCode of Crimi-
nal Examination
a P en al C o de ............ ..................
Law of June i o, 1865 Relative to
stray ed an im als ........... ...... ... .............. 7 1
Table of expenses ( Expenses of capt-
ure.- Taxes and pound expenses to
w a rd e n ) ....... ....................... ................ 8 r
Expenses of clerks of the court ................ 82
Law on Surveying ........... ......... ........... 83







113 -

ird. To approve rolls, paItels, house
taxes and all olli r public taxes
drawn up by tile cashier.
Lli, To make a list of young men
available for military service,a t
the time prescribed by the law.
5th, To protect religion.
6th, To examine as provided by the
law, the budget of the vestry
board
7th, To make the vicars observe the
law on the tarifs of the church.
8th, To publish every three months
the receipts and expenses of the
administration of the churches.
9th, To create and control the pri-
mary public schools.
10th, To create and maintain poor
houses
11th, To recognize good actions, in-
ventions, ameliorations and ex-
periments worthy of recompen-
se, whether scientific or litera-
ry or in the agricultural or in-
dustrial arts and inform the
Government.







52--

can only exercise their perogati\es
during the year for which elected, but
they may be re-elected each year.
ART 105.
The duties of Agricultural Counsels
are:
To see that that fulfillment of the
laws and regulations relating to agri-
culture and rural policing. are faith-
fully carried out; 2nd, To make
reports to the Communal Counsel, the
Commandant of Commune, the Com -
mandant of Arrondisement, and the
Secretary of Interior and Agriculture,
and with those only, of new experi-
ments in cultivation, the amelioration
and encouragement to be realized from
all causes of depression, the abuses,
negligence and disodediences of the
Rural Code, which take place in their
sections.
ART 106.
Members of Agricultural Counsels
make their reports, address their ob-
servations or express their desires,
either individually or collectively, to







- 144 -


tion be taken against any person,
nor their request accepted by
constituted authority or by the
courts.
In case of the commission of the
above formality, the presenta-
tion of the licence before the
Courts or other authorities will
equal the formality.
Art 33. -All persons subject to licenses
at first request must produce their
license to all authorities and po-
lice charged with the execution of
the present law
Art 34 -- The Judge de Paix and the
Commissaire du Gouvernement
under penalty of being dismi-
sed, if prompt action is not taken
against any violator of the pre-
sent law that may have been dis-
covered or brought to their no-
tice.
Art 35. Half of the fines collected by
the juge de paix or the correc-
tional court, for violation of the
present law, will be given to the







84 -

Art 6. Each surveyors can bave a
pupil, who like him is exempt from
military service.
Art 7 The surveyors are forbid-
den to leave their work to pupils they
must be present.
Art. It is forbidden to surveyors
to work for their parents, allies, in
direct succession to the last degree,
and in the second line as far as the
cousin germain inclusively.
Art. 9, Surveyors under penalty
of being suspended for not more than
three months, cannot refuse to comp-
ly to the requisitions of private indiv-
iduals. unless they can prove that they
have much work on hand or other
proper excuses
Art 10. The surveyors can exact
of the applicants to deposit at the Just-
ice of the Peace the fees accorded him
in the tariff, chap 7th of this present
law, but in no case can they exact full
pay before having finished their work
and remitting to the individual the
plan and (proces-verbal) papers pert-
aining to the land.








69 -

manner in which these substlnccs
have been used or employed.
If in consequence of this state of let-
hargy, the person is buried, the attem-
pt will be considered assination.
ART 4.
Articles 405, 4u6 and 407, of the
said Penal Code are and will remain
modified, as follows : -
Art 405. All persons practicing ((ou-
angas)), (( caprelatas ), (( vaudoux ),
(donpedre)). (macandals)), and other
sorceries, will be punished with impri-
sonment of from three to six months,
and a fine of from sixty to one hund-
red and fifty gourdes, adjudged by an
ordinary police court ; in case of a
second offense, imprisonment of from
six months to two years and a fine of
from three hundred to one thousand
gourdes, adjudged bythe Court of Cor-
rection, without prejudice to the most
severe sentences they may have incur-
red, through offenses or crimes com-
mited by them in preparing or accom-
plishing their sorceries.







134 -

tile deed of parllersihip, il re-
gular form to the Comminual
Council.
Art 4.- Anybusinessofconsignmients.
composed of Ha liens and forei-
gners and of which one or mo-
haytians possess the half interest
at leastand the firm bearing the
name of one or more haytians,
shall be subject to the to a licen-
ce fee as for a haitien
The deed of partnership shall be
produced atall legal Ire uiJilions
of the officials of the Commune.
without prejudice to the pres-
criptions of the Commercial
Code.
Foreigners in pa tnership 'will
haytians must be personally
provided with a license from
the President of Haiti, in con-
formity with the above article
Art 5.- The Communa! Council, after
assuring itselves of the since-
rity of the application shall file
those to begranted according to
the tariff established. The list of










A lT. 3

The owner of a swarm of beeC hlas
the right to recover and capture it,
provided he has not given up )pursuit,
otherwise, the swarm belongs to the
proprietor, upon whose property the
swarm\T11 has settled.

ART A

No sea board proprietor can own
boats or lighters, for the transporta-
tion of his merchandise to the city or
town, without a license, which will
be given to him free by the justice
of the peace ; under no pretext can
these boats be used for coast wise trade
to other ports or neighboring islands,
nor for fishing purposes except for the
use of the plantation.

Aar.5 -5

No stores, wholesale or retail, will
be established, and no commerce in
the country engaged in, in the rural
districts, under any pretext, wi thout








- 88 -


Art 22 In case the parties present
do not bring all their titles, plans, etc,
or should they refuse to show them,
or should the surveyor find the titles,
etc, correct, he will make a note of it
in his ((proces-verbal)
Art 23. It is the surveyors duty
to cut a path through the boundary
lines when it is wooded so as to be
able to survey properly, also to place
boundary marks at each angle.
These boundary marks are to be of
hard wood, or mason work and shall
be at least two feet above the ground
Art 24 On no account can sur-
veyors take up or displace a boundary
mark, neither can he replace those
which have been destroyed by nature
or wilfully destroyed, unless the inte-
rested parties are present or by order
of the Couit.
A.t '25 If during the surveying a
dispute should arise, the party oppos-
ing shall bring the fact to the notice
of the Police Officer or his represent-
ative who shall stop the surveying, the
surveyor shall abide by his decision







29 -

ARn 61
The number of wagons or carts jud-
ged necessary for repair work on high-
roads and private roads, will be fur-
nished, on the first requisition, by the
prol)rietors of rural estates who have
them, at thle rate of one day a week
per wagon, until the work is finished
ART 62

Instead of furnishing a wagon or
cart,four beasts of burden may be fur-
nished,or thirty gourdes may be paid,
as a substitute.

ART 63

The wagons, cars or beasts of bur-
den so used, can not be kept on the
work for more than one day per week.

ART 64.

In no case and under no pretext
can the workmen, wagons, carts or
|..(oct c c\ I-,I ,-ljP 1- ,a I-,'rtna/ l ,o,; Art. 64.
In nc ons anrd under no pretext can
the workmen wagons, carts or beasts of
.urden, be turned aside from the work
and be employed in n private vlue.









74 -

or in the office of the clerk of tie jus-
tice of Ihe peace, and the delivery of
the animal will be made by the ward-
en, on presentation of the release sig-
ned by the clerk of the court
Aiwr 8.
Wardens will enter. in the register
prescribed in Art. 3, above, the date
of departure of the animal name of
the owner, total of claims paid, date
of the order of release, and the name
of the magistrate ordering it.
ART 9.
During the fifteen days, designated
in article 5, clerks of the court of civil
tribunals and justices of the peace,
will post notices on the doors, of the
tribunals. of the communal counsels
and town halls; these notices will
contain descriptions of the animals
in the pound, dates incarcerated and
dates of auction.
Clerks of the court will at the same
time, insert these notices in the
" MONITEUR HAI IEN, once, at least,








132 -

and his assistants and members.
of the councill appear in public
officially, they are to be in uni-
form so as to distinguish them.


CHAPTER XII
Transitory dispositions.

Art S! The present law abrogates
all dispositions of laws, decrees,
anterior arretes which are con-
trary to it, and shall be exe-
cuted by the Ministers of Inte-
rior and Agriculture.








-- II-


abo e will receive, from the said clerks
of tie court, the sum due the public
treasury; the officer of the administra-
tion will place tllis sum in the public
chess as prescribed by the laws of fi-
iialince.
ART 13.
During the year following the court
auction. ite owner of the animal, sold,
will have the right to claim his ani-
mal, no matter in whose hands the
animal may be by a payment, paying
however the price brought ;it aucti n
and the expenses of the court for the
auction and barring further action
against the person who bough the ani-
mal at auction.
If the animal be a female with offs-
pring, the young, branded or not, and
sold separately from the mother, may
be claimed in the same manner, pro-
vided that ownership can be proved,
according to law.
ART 14.
After the expiration of one year, the
old owner of the animal can no longer








'll -

Chiefs of Section will exercise the pri-
vileges conferred on them bv tle Code
of Criminal Examination. ( Law No 2,
Chap. 1, II and V )
A RT 88.
Chiefs of Section will make a detail-
ed report, monthly, on the moral
situation and the material of their
sections, forwarding one certified copy
to the Commandant of Commune and
another certified copy to the Commu-
nal Counsel This report should con-
tain, in particular, every thing that
happens out of the ordinary in each
section during the month, the obser-
vations on the development or under-
deveblopment in agriculture, the causes
for back-sliding and the means toward
remedy. It should also contain the
number of inhabitants changes of
residence, deaths, and births in each
month
A ,r. 89
Independent of the monthly report,
prescribed by the proceeding article,
the Chief of Section will be required






-- ,3

the (:oiununal Counsel or the Coni-
mandant of Commune, who in turn,
transmits them to the Conmmandant of
Arrondisement, who will see that they
arrive in the hands of the Secretary of
Interior and Agriculture.
Art 107.
The duties of a member of the Agri-
cultural Counsels are honorary and
excuse him, except in case of imminent
danger, from service in the National
Guard.
Members of Agricultural Counsel
will wear attached to the left lapel of
the coat, by a ribbon in the national
colors, a silver medal on one side of
which will be engraved with portrait of
the President of Haiti, with the words
< GEFFRARD PRESIDENT; ) and on
the other side, a horn of plenty with
the words CONSEIL D'AGRICUL-
TURE. "
This medal will be presented by the
Communal Counsel.

(Note: in public ceremonies Agricultural Coua-
sels march before Communal Counsels. )








104


4th Soldiers or sailors in a-tive
military service.
5th--- Citizens not knowing to read
or write.
6th--- School teachers or other per-
sons attached to the schools.
7th--- Priests, ministers, judges and
court officials
Ar t 15 ---In case of the absence,
disability, death resignation, or sus-
pension of the Magistrat Communal,
The first assistant replaces him, then
the second assistant then the third
In case there are no assistants, the
numbers of the Council in order of
seniority.
Art 16.- In case of absence, disabi-
lity death, or resignation ot the Ma-
gistrat C:ommunal and his assistants,
they are provisionally replaced by the
members of the Council, according to
the order in which they were elected.
Art 17 If at the time of the elec-
tions, there should be only two thirds








- 115 -


2Utih, To insure the service of pum ps
in case of fire and to create a
company of firemen.
2Ist, To acquire, sell exchange com-
munal properties or leases, to
grant concessions for a period not
exceeding nine years.
22nd, To maintain the salubrity of the
town and the security of the po-
pulation.
23rd, To construct offices for the po-
lice.
24th, To found theaters, under reser-
ve of the rights of the State.
25th, Each month a report will be
sent to the Minister of Justice
and of Interior, containing all
the acts of the police as stated
in a register kept by the Magis-
trat Communal.
To this dispatch will be added
the list of all objects found by
the police These articles shall
be depositedd with the Justice of
the Peace or at the office of the
Commissaire du Gouvernement.







78


claim it; he may only claim the p'ice
it brought at auction.
In any case the public treasury will
not be required to return the court and
other expenses, listed in the table of
expenses, here-in-after set forth.
ART. 15.
Wardens are responsible for animals
placed under their guardianship, as
well as caring for them while in the
pound, under the penalty of losing the
claims and expenses allowed them, in
addition to damages against them, if
such exist; they are required to fur-
inish sufficient food and to keep the
animals in good shape.
Expenses of feeding and care-taking
will be advanced by the wardens, re-
imbursement being miiade by the owner
on claiming the animals, or from the
amount received when the animal is
sold at auction.
If the animal dies in the pound, the
claims and expenses due the warden,
and those advanced by him, will be re-







149


as stables for animals or depots
for materials, or other objects
of commerce or speculation.
'this tax may be demanded of
the individual occupying the
ground either he is proprietor,
lessee, or tenant.
Thetax receipt delivered to the
lessees or tenants of a house
cannot be contested by the pro-
prietor.
All improved property within
a quarter of a mile of a bourg,
or city, pays a lax.
II.- Modeof perception of
the house taxes.

Art 41.- The collection of taxes on
rentals is the duties of the Com-
munal Council.
Art 42.-- The Communal Council
charged wilh the collection of
the house taxes, will correspond
with the Administrator of Fi-
nance of the Arrondissement
and with all other functionna-







141 -


before delivering the license,
that the ship belongs to the ap-
plicant and that no foreigner
has the part in the ownership.
If the ship is in another port
than the one in which the owner
resides, he can be represented by
the captain to take the oath or
send a special representative.
To obtain the license, a signed
certificate of the Chief of the
Port must be produced. giving
the designations, dimensions, and
tonnage of the ship. This certi-
ficate shall be given under the
personal responsibility of the
Chief of the Port, and be regis-
tered without cost at the Custom
house of the town.
Art 24.-Any foreigners violating the
dispositions of article 8 of the
present law shall be punished
by a fine from 100 gourdes to
400 gourdes, besides the confis-
cation of the merchandise which
has brought about the contraven-
tion.








- 131


Art 85 At the same time tiic shall
apply all the general disposi-
tions pertaining to st class Com-
munes, except that the previous
approval of all their acts by sn-
perior administration is neces-
sary.
Art 86.-- The receipts shall be depo-
sited in the public treasury, ei-
ther by the Administrator of fi-
nance or bythe (preposI d'ad 1 i-
nistration), and their budget of
expenses shall be paid regularly
each month by the superior Ad-
ministration who in no case can
refuse to pay.


CHAPTER XI.

Of the uniform of the members

Art 87.- The uniform of the mem-
bers is the dress suit.
The Magistrat shall wear besides
a sash of the national colors.
Art 88 Every time the Magistrat







- 21 -


he immediately separated from the
herd and put in isolation, away from
any communication with the other
animals, for treatment, until cured or
dead
Art 43.

Any animal dying on a range
through a contagious or eptzootic dis-
ease, will be immediately burned, or
buried not less than three feet deep,
in and isolated spot.

Art 44.

It is forbidden, under penalty of a
fine, to burn the s savanne ) of a range
without having previously obtained
the written permission of the rural
police officer.

( Note : The permission is asked of
the police in order to give them a
chance to be present to observe the
precautions taken It is different from
article 15, which requires notification
to the owners only. )









!' each coa,:nunle, W\here public work
is bring done on the high-road.will he
informed of it by the commandant
a de place ) or commune.
( The communal counsel then has
tlie chance to advise or suggest plans)
A 'r 5'0.
The number of wor kmen necessary
for repair work will be taken from
each rural property, in proportion to
its inhabitants Any farmer selected
for this work, and not appearing at tlie
place designated will be obliged to
ip a fine of ten gourdes, for this act
alone ; in default of this payment, lihe
will be imprisoned for eight days, by
i\1er of the commandant of the com-
mune, and required to work on the
roads during these days at forced
d tIror.

A RT 60.
\loiey may be substituted for a day's
work at the rate of four goiirdes ier
Art. 60.
Mon~ey~ may be substituted for a day's
work at the rate of your gourdes per
day. The product of these sums will be
used to replace the workmen.







31


and keep the peace, repress vagabon-
ldige and to enforce the laws and de-
crees of the government.
ART 67
The policing of rural districts is
placed under the (( inspection a of
Commandants of Arrondisement and
under the immediate ( surveillance )
of Commandants of Commune; Chiefs
of Section and Chiefs of District have
under their orders, country guards
and detachments of the army.
Justices of the Peace may also use
the rural police, in cases covered by
the present law
Communal and Agricultural Coun-
sels may also use them, within certain
limits here-in-after set down for the
protection of farming and maintainance
of good order in the country.
SECTION 2.
Inspection and surveillance of Comman-
dants of A! rondisemeni.
ART 68.

Art.* 68.
Comnmarnandats of arrondissement, in :. t-
mnd have the general surveillance e:f-etc.







9-


A in. 17.
Dams, reservoirs and cnnals,, wheth-
er they serve to irrigate properties,
or are used by the inhabitants, or for
any other purpose, either town or
public, will be maintained by all the
bordering proprietors or others inter-
ested, and will be responsible, in
proportion to the amount of water
used, for the works of construction
and repair judged necessary by the
authorities, as well as for the payment
of expenses of surveillance by watch-
men or by syndicscs ) under penalty of
a fine without interfering with the tax-
es.
ART. 18.
No one can deflect the natural or
established course of wafers, nor use
a portion of the water being used by
another person, without his express
consent, under penalty of a fine of two
hundred gourdes and imprisonment
of not less than eight days against
the holder of the property through
which the waters runs, in addition to
the damages for the harm done.






46 -


jurisdiction where the crime or oftensc
has been committed. or the prisoner can be
found, and forward to this officer all infor-
mation, official reports, and circumstanc-
es relative to it.
ART. 20. Any person witnessing an att-
empt. either against the public safety or
the life or property of another person,
will, in a like manner. notify the prosecu-
ting attorney, where the accused may be
found.
ART. 31' An offense which is actually
committed or which is about to be commit-
ed is known as ( flagrant delicto *
Crimes committed in ( flagrante delicto
are :cases where the accused in followed
by public hue and cry ; where the accused
is found with stolen goods, arms. docum-
ents or papers showing that he is the perp-
etrator or accomplice, provided it be with-
in a reasonable time of the perpetration of
the crime
ART. 38. Justices of the peace and offic-
ers of the rural and urban police, will
receive accusations of crimes and offense
committed in the districts where they exe-
rcise their customary duties.







147 -

ving near the sea shore; but in
no case can the boats or barks
without license do any cost tra-
de nor fish for other place than
for the property to which they
belong.
A\at 37. The 3/4 of the produce of
the licenses established on sta-
bles, cabs, ((Shows, circusses,
etc ) Shall be specially devoted
by the Communal Council to the
maintenance of hospitals.
CHAPTER II
Ist. Of house taxes

Art 38.- ( Modified )
1st Any persons residing in houses
or huts within one quarter of a
mile of the limits of towns or
villages is subject to a house
tax of 3 o/ of the total of the
annual rent.
2nd On the requisition of the Magis-
trat Communal and on the
strength of a sentence of the
Court, the Director, of Bureau










officers to Chiefs of Section and Chiefs
of District ; co-operating under their
authority and orders, in the execution
of every thing concerning the rural
police ; they are especially charged
with patrolling the country within
the confines of their respective sect-
ions, to discover infractions of the
law, maintain good order, and to arr-
est vagrants, vagabonds and beggars

Note : Extracts from the Code of Criminal Exa-
mination. : -
ART. 8. Court police investigate crimes
,tf.iinses and infractions, gather proofs and
bring the offender to the proper courts
ART. 9. Court police will be guided by
existing orders public administration, exa-
mining judged, justices of the peace, and
officers of the rural and urban police.
ART. 10. Rural and urban police offic-
ers are charged with the investigation of
crimes, offenses and infractions which have
caused injury to persons or property.
They will report to the justices of the
peace of the commune the nature, times


- 44 -







13 -


tion and kinds of work oin the said
estates are purely conventional ; in
the absence of special agreement, the
duration of and the clauses in the
lease, conditions governing the rents
and work in rural districts, are regu-
lated by the terms of the Civil Code,
by those of the present law, and by
local customs.
ART. 28.
When obstacles or quarrels arise
between proprietors and farmers,
managers or contractors, the local po-
lice officer, after receiving the com-
plaint and calling in and hearing the
two sides, will endeavor to reconcile
the two parties, within twenty four
hours.
A RT. 29.

If one the two parties does not wish
to take the advice of the rural police
officer, he may take his quarrel before
the justice of the peace of the conm
mune, who, within a like delay of
twenty four hours, will definitely de-
cide, without appeal, both parties being




























This copy of a rare volume in its collections,
digitized on-site under the
LLMC Extern-Scanner Program,
is made available courtesy of the

Library of Congress


I






- 109 -


Art 34.- The secretary shall have a
sufTicent numb er of employees for the
service of the administration of the
Council.
The employees shall be distributed
according to the needs of the service
and paid by the Council.
Art. 35. A cashier shall be named by
the Council, one offering all the guaran-
tee required of holders of Public funds.
He is allowed 2/1 o/o of the ordinary rec-
eipts of the commune
The Magistrat shall choose two em-
ployees to be assistants to the cashier.
Art 36. The communal cashier is
personally responsible that all debts
are collected, also he must pay all
the expenses approved by the Magis-
trat, in within the sum allowed.
The roll of taxes and half taxes shall
be deposited with this cashier.
Art 37.-- All receipts which the laws
and regulations do not provide the
means of collecting, shall be collected
according to the methods established
by the Communes.





















CONSEILS COMMUNAUX


44








-- 102 -

CHAPTER II.
Particular dispositions
Art. 5.- There is a Communal coun-
cil in each commune of the Republic.
The communal council looks after the
interests of the Commune.
ART 6. Each council is composed
of a \lagistrat, one or more assistants
and the members of the Council.
Awr 7- The number of assistants
for Port au Prince is three, two for
the following communes: Cap Haitien,
Caves, Gonaives Jacmel. Jeremie and
one for the others.
ART 8.- the number of the mem-
bers of the communal council is as
follows: Fifteen for the commune of
Port au Prince, ten for the communes
of Cap Haitien, Cayes, Gonaives, Jac-
mel, Jeremie; Seven for the commu-
nes of Saint Marc, Port de Paix, Leo-
gane, Petit Goave, Anse-A-Veau, Petite
Riviere de l'Artibonite. Aquin and
five for each of the other communes.
Art. 9. The Communal Council is








40 -


make a circuit of his section, at leasl
once a month visiting each plantation
in it, and, if he deems it timely, with
the assistance of one or all of his
Country Guards.
AnT. 86.
Upon arriving at a plan alion,during
their circuits, Chiefs of Section will
notify the proprietor, or, in his absen-
ce his representative, to informed himn
of his presence and of his intention to
make an inspection of the plantation ;
they will inspect the plantation, toge-
ther, to see if all is in good order, if
all the workmen are at work, and, it
the agricultural and police regulations
are carried out ; they will receive
accusations and complaints, and will
try to find a way towards reconcilia-
tion, if possible. In cases requiring an
official report, the parties concerned
will be sent to the proper authority.
A RT 87.

In cases of crimes, mi .s,
mn-- r nm ts accord i aw,
Arr. 87.
In 1; 8 f crnes, misdemeanors,
Jmer^r, according to the law,







129 -

\Art 78. A sta, nl'.art i1 I j ke1.ii
system shall followed by a re
gulation of the control govern-
lent, and each council l shall
conform to it
Art 79. The budgets and the acc-
ounts of the Commune are depo-
sited at the Commune and are
open to any person contributing
to the t ixes imposed on "them.
The budgets and the accounts
of the Commune are rendered
public either by the Journals, or
by bills pasted on the walls of
the office.

TITLE III
Particular I ispositions.
CHAPTER IX.
Of the Commune.

Art 80. The territory of the Com-
mune comprises the town, the
suburbs and those parts of the
country* designated by the law








94 -

him every month and by the cashier
of the register office.
Art. 39. In the event of the death,
resignation, or revocation of a sur-
veyor, his plans, proces-verbaux "
and note-book shall be given to ano-
ther surveyor of the town of hischoice,
or that of his widow if he has no
widow by his first horn if of age, if lie
has left children under age and if the
choice is not made within three mon-
ths at the latest, the afore said plans.
" process verbaux and notebook shall
be legally given to the succeeding
surveyor.
CHAPTER VI.
Of inL actions
Art 40.- All surveying made con-
trary to articles 7, 8, 11, 20,& 24. as
w itten above, shall be annulled, in
each case the surveyor shall pay the
costs, besides the costs of suits if any
there are.
The surveyor for the first offence
shall be condemned by the Justice of








14 -

dul\v .suiniioned, if the decision ol the
judge is susceptible to appeal.


('HAPTRE IV


SECTION 1

Gu., ding and capture of animals and da-
mages committed on rural estates.

ART. 30.
Every proprietor or fa mer on a
rural estale is at lilertv o have oil
his place. sufficient kinds and quanti-
i of animals believed necessary for
';. cultivation and farming of his
lands ; he will be responsible for their
f;slutrage, their food. in sufficient
.;iaililies, procured at his own expen-
and the guarding of them loose,
t(iheied or in an enclosure, except as
here-in-after set forth for the establish
met t and managelneni tof grazing ra'll
is.











seventeen feet and a half long, or five
geometrical sleps, it is used to measu-
re land in the country by (( carreaux ,
( a square ot three hundred ordinary
steps ), in the plains a double chain
can be used
The toise ( 6' 39fH59 is divided in
fool, inches etc. each end imhst he cov-
ered by some metal, it employed for
measuring land in the towns and vila-
ges.
Art 16 Each year the Justice of
the Peace of town will control the
( toise of each surveyor also in
the presence of three surveyors their
compasses shall be looked over. The
< Proces-verbal h must be signed by the
three surveyors and the Justice of the
Peace
Art 17. Surveyors are accorded
1, 16 of an inch for errors, and one
pace in a hundred, more than that they
have to make a revision.
CHAPTER III -
Surveying
Art. 18. -- Before surveying, the







130


Art 81. There are tliree kinds of
properties:
Ist. Those of private individuals,
2nd The public domains adminis-
trated by the State.
3rd, Those of the Commune.
Art 82. The properties declared
Communal properties are those
which are administrated until
now by the Commune, such as:
quays, the sea shore and other
places, the use of which are
indispensable for the establish-
of the Commune according to the
present law.
Art 83 A more marked distinction
will be made between the public
domain and those of the com-
mu ne.


CHAPTER 10
Of Communes not administering themselves.

A rt 84 The second class Comm-
unes is exclusively under supe-
rior authority.










comnl iting a crime, before the justice of
the peace, the prosecuting attorney or the
examining judge, without the necessity of
having an order to do so.

4 General dispositions
Chiefs of Section and District; Country
Guards.

Art 97.
Uniform and equipment of Chiefs
of Section, Chiefs of- District and
Country Guards, as well as their annual
salary, are determined by a decree of
the President of Haiti.
ART 98.
Chiefs of Section and Chiefs of
District enjoy the immunities attached
to their ranks, but only by assimila-
tion and during their tenure of office,
if furnished with temporary commi-
ssions only.
ART 99.
Neither they, nor the country guards,
receive pay or rations, but an annual










imbursed him by the Stale, on a cer-
tilicate from the justice of the peace,
showing that the death (lid not result
through the fault of the warden.
The justice of the peace will not draw
up this certificate without previously
establishing the cause of the death,
with tle assistance of a veterinary or
two experts; this will be put in the
form of a official report.
ART. 16.
The claims and expenses of capture.
of the pound and of clerk of the court,
collected for strayed animals, will be
collected for each animal in conformi-
ty with the table of expenses here-in-
after set torth.
ArT. 17.
In the first fifteen days of each quar-
ter, clerks of the court of civil tribu-
nals, and justices of the peace, will
render a general and detailed report
of the strayed animals, sold or claimed
during the proceeding quarter. This
report will be made to the Secretary







- 48


ad'vanageous and necessary-,oirdr. nd agent
of the auxilliary police to perform duties
outside of his department.
Art. 42.- Officers and agents of auxillia-
ry police will immediately submit all
denunciations, official reports, and other
acts performed by them in their depart-
ment, tha prosecutiu-g attorney, who will
immediately examine the proceedings and
forward them, with such summons he
considers necessary, to the examining jud-
ge.
Art. 43.- In cases of denunciations of
crimes or offenses, other than those they
are expected to prove, officers of the court
police will immediately transmit to the
prosecuting atrourney, their denuuciations.
and, the prosecuting attorney will send
these to the examiuingjudge, pressing the
charge against the prisoner.
Art. 88.- Each garden of public wel-
fare, as well as each private citizen, will
seize, chase and take any person surprised
by public hue and cry, in the act of, or in
cases similar to being caught in the act of
committing a crime, or, while actually








1"2: ---

l;3th And generally the produce of all
taxes of the town of which the
collecting is authorized by the
law
ArL64 The extraordinary receipts
are as follows,
1st Gifts and legacies
2nd Volontary subscriptions.
3rd The reimbursement of money
lent out.
4Lth The produce of authorized Com-
munal loans.
5th Of all unexpected receipts.
Art.65 The expenses of the Commu-
ne are either obligatory or opt-
ional.
Art 66.- The obligatory expenses are
as follows:
Ist The maintenance of the Commu
nal Office, the furniture and the
material of the Commune.
'2nd The salaries of the secretary,
employees and clerks.
3rd The expenses ot the Office and
printing,







- 65 -


will be punished with imprisonment of
from one to six months, by an ordina-
ry police court ; and in case of a
second offense, from six months to
two years, by the Court of Correction ;
after having served .1he sentence aw-
arded by the State, they will be emplo-
yed on State, s work.
< Art 231. Vagabonds may, even al-
ter receiving sentence for their offen-
ses, be claimed by a resolution of the
communal counsel of the commune
where they were born, or by bail gi-
ven by a solvent citizen.
If the government accepts the claim
or agrees to receive the bail, it will
order, the individual thus claimed, or
bailed, send or conducted into the
commune which he claimed him, or
in which his bondsman resides.
c< Art 232. Foreigners declared vaga-
bonds by the court, may be expelled
from the territory of the Republic, by
orders from the government.
The third paragraph, which will fol-
low article 232, will have for its title;








I G -

Art 22.-- The Magistrat can convo-
ke the council in extraordinary mee-
tingswhen the needs of the Commune
require it
Art 23.---The Magistrat presides, at
meetings of the Council
Art 24.- Any member absent three
times consecultivaly and who cannot
give good reason tor his absence and
who has been notified of the meeting
shall be considered as having resi-
gned
Art 25.--- The Council cannot meet
unless 2/3 of the members are present.
Art 26.--- The Conseil Communaux
are placed under the supervision of
the Minister of the Interior and of
Agriculture.
Art 27.-All discussions or acts of a
council which exceed its power are
null and void
Art 28.-- It shall be the same of
any meeting.
Art 28.--- All decisions made which
are beyond the competency of the
council are void ; all meetings held at







15-

A n'r. 31

It is exjpressly forbidden to mutilate
cripple, or kill horses, mules, asses or
other beasts of )urden, found in gard-
ens or cultivated fields into which
they may have jumped, forced, or bro-
ken the fences or enclosures Never-
the less pigs and kids, which are found
in gardens or cultivated fields, may
be slaughtered; in that case, the three
feet and the head of the animal only,
may be retained.
A.T 32.

Within twenty four hours after the
capture of the animals indicated in the
preceding article, the proprietors,
farmers, or managers' of the estate
upon which the said animals were cap-
tured, will notify the rural police offi-
cer of the section, who will, without
delay, go to the said estate. take char
ge of the said animals, and maake an
estimate of the damages committed ;
and above all he will make an investi-
gation on the spot.










proving his identify, will be consider-
ed a vagabond he will be arrested by
the rural police officers or country
guards of the locality, and immediately
brought before the justice of the pea-
ce of the commune.
ART. 114.

The justice of the peace, after having
interrogated and heard the accused,
will pronounce justice; if the arrest is
substantiated, the accused \ill be taken
and placed in one of the prisons of
the arrondissement, lo be later judged
according to law.
ART 115.
Any person convicted of being a
vagabond, and having served his sen-
tence, will, never-the-less, remain un-
der the surveillance of the police, long
enough to satisfy the authorities as to
his means of existence.
ART 116.
Those sentenced as vagabonds and
are placed under the surveillance of








-45


and places of climes, offenses and infiac-
tions together with such proofs and circ-
umstances they have been able to gather.
They will follow up stolen articles to
the places where they have been taken and
keep them in custody, separate.
They will arrest and bring before the
justice of the peace any person surprised
while actually committing a crime or den-
ounced by public hue and cry.
ART. ii. Justices of the peace or their
substitutes, will investigate crimes, offens-
es or infractions, throughout the extent of
their commune ; they will receive reports,
accusations and complaints relative to them
They will record the nature and circ-
umstances of infractions, offenses and crim-
es in the official reports they submit ;
times and places where they have been
committed ; proofs and specifications of
the charge against these accused.
ART. 19. All constituted authorities,each
functionary or public officer, who in the
execution of his office, gains knowledge of
a crime or an offense will immediately
notify the prosecuting attorney of the






30 -

ART 65.
The workmen selected for tle \\work
will appear at the designated place tor
the work, on a Monday, at six o'clock
in the morning, and will remain there
until six o'clock in the afternoon on
the following thursday, if the work is
not finished in the interval. Each mor-
ning, starting with Monday, the over-
seer of the work will call the roll of
the wotkmen and will ascertain the
absentees, who will be punished as
prescribed in article 59 above.

( Note further punishment is authorized in tI~w
Penal Code. )
CHAPTER VI.

Rural Police.
SECTION 1.
General dispositions.
ART 66.
The object of the rural poV is-to
1afe-guard persons, prote c', "r

Art. 5L
The.' i.J.: t of tno rural police is-to
safe-gard pers:Ln, protect property,
oversee cultivation, maintain order and
keep th-e peace,-








89 -

The opposing party must without del-
ay bring suit before the Justice of the
Peace under penalty of paying damage
and costs,
In any case the party loosing the
case will have to pay transport and all
other costs occasioned by the opposit-
ion.
When the surveyors are stopped in
their operations, they will place temp-
orary boundary marks And will make
a ( proces-verbal a.
CHAPTER IV
Revisions.
Art. 26.- All revisions must be ma-
de by three selected surveyors one by
the person objecting to the former sur-
veying, another by the surveyor who-
se plans are contested, the third by
the two newly appointed men, or by
the Justice of the Peace in whose town
the contested land is situated.
Art 27.- In case a person present
at the surveying or any other persons
want to revise the surveying, the costs
of the suit will fall on them. if they loo-












ixpenues Ifor food, pigs, goats,,lheie-l etc.
Search ) ... .... I
3rd. 1 expenses of clerks of
the court.
To cl rks of all tribunals:
I. For the ref ipt ind (liscription of
each ;inim al ..... ..... 2
2. For registration of commitment. 2
:1. For eaclh notice announcing registra-
tion ;id date oft-ale 5)
4. For the notice inserted iln lhe tficial
jo irli . . .. .
5. For announcing the sale by beating a
druil .
6. For tle town erier ( ballil) .. .
7. For the official rport,copy understood 2
8. Stamp for the copies. .... .... 2
9. Registry dues,proportionate to the esti-
mated price Transportation and investig-
ation in case of the death of an aiiinal in
the pound .
Fuir the judge.. .. ...... ... 6
For th cle rk of the cf-irt .. .... .. i
For each expert \w witness ........
For all other records not covered while
i xecutilng thie law ........ ..... .. .
Published at the capital, P'ort-cau-Prince,.Mli :I ,
1865, and in the 602,d year of independence.
Translated by Captain R. S. HOOKER,
U. S. Marine Corps.






- 3(6


SECTION 4.
LRUAL SECTIONS & RURAL DiS'rH(. I..
Art 75.
By a special order of the President
,o Haiti Communes will be divided in-
to Rural Sections and Agricultural Dis-
tricts.
A rt 76
Each Section and each district will
have a separate name or nuLmber.and
the order of the extent or their limits
will be designated.
Art 77
Pi ovisionally and until the new divi-
sions can be established, communes
will remain divided into rural sections,
as they now actually are, and the
present sections will retain their
designated names, their extent and
their present limits.
SECTION 5.
OFFI( EH- OF RURAL POLICE AND
COUNTRY GUARDS.
I.-- Chief of Section.
ART 78.
An officer of the rural ,

At t 78.
An jtficer t.f the ru.r l police
will be placed in. ,acn rural section,








- 124 -


ith The salary of the commissaires
and Communal police, the cost
of the outfit of the police,if there
are any means according to
art. 42.
5th The expenses of the census.
6th The expenses of the primary
schools of the Commune
7th The supplement charged to lie
Commune by art. 19 of the law
Son the vestry-board of the 22
Sept 1 t":3, in case th~ revenues
of the vestry board are insuffi-
cient, by the revenues found in
art.:37 of the same law.
Sith The indemnity to pay to the vi-
car, when he has no presbytery
or house to live, in conformity
with the same art.79.
Ith The expenses of repairing the
buildings used by the catholic
church, in conformity with ar-
ticle 79.
10th To pay the balance of the expen-
ses charged by the vestry boards,
when the revenues of the board
are insufficient as is provided






43 -

and do not make reports except to
their respective Chiefs of Section.
ART. 93.
They exercise, in their districts, the
function assigned to Chiefs of Sections
and are sudject to the same duties.
ART 94.
Each week they visit the plantations
of their districts, and on Saturday
morning, each week, render an oral
account of their tour to the Chief of
Section.
3. COUNTRY GUARDS.
ART. 95.
Each Chief of Section will have und-
er his orders, at least four country
guards, in a permanent guard house ;
one of whom will be quartermaster,
and at the same time secretary to the
Chief of Section.
ART. 96.
Country Guards are the auxilliary







25

Art 51
Persons leading animals, who maI
meet rural police officers or agents
will stand ready on all occasions, to
sho\\ their permits In the absence of
the permit, or in case the number or
descriptions of the animals are not in
accordance with the sterns of the per-
mit, they may be ar ested, and taken,
together with the animals, to the near-
est ipost bei':e the justice of the peace
of the commune, who will sentence
them to a fine, and later decide wheth
er further proceedings shall be taken.
CHAPTER V
Upkeep and repair of means of com-
minunica tion,
Art 52.
Means of communication are divided
into three classes; the first takes in
SI I,-I r...... If I .- t a .r ntl VI, 2 C ] -n tr -z
Art. 52
lMeans of commmnicatfon are divided
into three classes; the firts take
in high road connecting arrondisse-
ments with each other.
The second class takes in public
cads connecting communes with each
their, or connecting sections with
iach other.









RUIAL CODEI OF HAITI




.CHA PTEIR 1.



General dispositions

A wr, I.
The territory of the Republic, through-
out its entire extent is free, as well
as every inhabitant of it ; thus no ter-
ritorial property is subject, either pri-
vate or public property, to taxes or
rents, except those established by con-
ventions or law.
AKT. 2.
The use and possession of rural es-
tates, but not ownership, will contin-
ue to be governed by the dispositions
of the Rural Code.