New-York tribune., 1899-03-12


sessions the significance Of the change polit-
icalIy as the iconoclastc blow that mas Deeh
struck by the American military governments
10 one Of Spain's oldest and most solid institu-
tions. the notary. The notary Of Spain and or
Latin countries is quite a different parsonage
from the notary public that know in the
States The latter is a creature OF limited pow
ers. which are confined to the taking OF oatbs
and acknowledgements. His fees are seldom
sufficient to buy cigars for average smoker.
The Spanish notary can he compared with the
American one only in name. Who does not re-
member the notary in the comic opera where
Rarnabcc or d rockingham essayed the pom
pous part?
The notary is the sine qua non Of Spain. He
and the priest are associated with every act,
private public. in the life OF the Spaniard
worthy of remembrance or record. The one
rules through the cross, the other by the quill.
The notarics in Porto Rico had an easy berth.
The berth was such good one that often thrift
T. statesmen preferred the quiet notarial office
t. the brilliant salas OF the palace. Appoint
Ircnt TO these places usually looked for
ward to after retirement from a successful
political career or as the reward for services
rendered by powerful politician to his party.
Tho favorites of the palaces Of Madrid and San
Juan preferred this plum to all the clusters of
tropical fruit.
Until autonomy was granted in 1897 to Porto
Rico notaries were appointed by the Minister of
Ulramar Coonies) at Madrid. but since that
time they had been appointed by the Governor
General and the Secretary of Justice. The
number Of appointments depended only upon the
local demand the fancy of the appointing
power. At the time Of the American occupation
the island.
The Spanish law provided that notaries should
be twenty-five years Of age, lawyers and sub
tected to an examination before the Supreme
Court as to fitness; but like all other provisions
of the Spanish code, these were elastic
and did not stand in the way Of favoritism.
When he received his commission the notary said
farewell to care and settled himself down to the
enjoyment of easy existence for his appoint
ment for the term Of his life
His duties were manifold and important but
the labor was performed by his scrvener
secretary The law and the clients simply
wanted the nOtarys signature and seal which
would be forthcoming after "A delay sufficient
to give importance nd dignity to the act By
law and in popular theory he was supposed to
be present at the execution Of dowres articles
Of marriage, wills, contracts. mortgages deeds
powers Of attorney, leases and all the other
complex and divers legal proceedings known TO
the Spanish code whore private parties entered
into agreements which were required TO he writ
ten and recorded. As rIle the notary was
not seen, but the document always bore inn
posing flourish which said to be the notary ;
sign manual BY law the notary allowed
one peso for the first page Of every deed mort
gage. bond. Will or paper of like nature and 20
cents for each page thereafter. together with an
additional allowance Of IL per cent # thc pur-
chase price consideration named in the in
strument often they demanded and received
a. much as , or 10 per cent The original
agreement recorded and signed upon rec
ord Of the notary. which he kept in his Office
and which became his property.
lie gave bond OF from $1,000 to 1000 for
the preservation Of the same. But no one could
procure copy Of this record unless he was a
party 10 the original agreement or unless au-
Uorzcd by court The parties to an agreement
obtained only copies Of the notary's record
In a recent report Of an American officer an
all to General Henry, it was stated that the
practice among notarics is to charge all they
can get which they have succeeded in. except
where an American desired his services" The
Americans have refused to pay the exorbtant
charges demanded ana thc willy official has
usually accepted what the American offered. in
order to save his siu,curc from the reforms IN
stitutcd since the change of government It is
matter Of general Information that each #
the two noiaucs at san Juan has made 81 900
"A month.
1t can thus be- seen what desirable places
these soft berths were in Spanish times In
fact they ucr, like "a British cousoI ar a United
~flrl4l ttr..r