--- Page 1 --- --- Page 2 --- --- Page 3 --- HAITI: Copy of the Code Rural of that Island. Ordered, by The House of Commons, to be Printed, 25 May 1827. (TRANSLATION) Rural Code of Haiti. Port-au-Prince. Printed at the Government Press, July 1826, Liberty! Equality! Republic of Haiti. RURAL CODE. Chamber of Representatives of the Commons, upon the of T"E the President of Haiti, and having heard the Report from proposition the Ministry of the Interior, has passed the Six LAws following : which constitute the Code of Haiti. Rural LAw No 1. Law N1. General Enactments relative to Agriculture. Agriculture, Art. L-AGRICULTURE being the principal source of prosperity in a state, shall be specially protected and encouraged by the civil and military authoritics. Art. 2.- -Citizens whose employment is agriculture shall not be taken from their labours, excepting in the cases provided for by the law. Art. 3--It being the duty of every citizen to aid in sustaining the state, either by his active services or by'his industry, those who arc not employed in the civil service, or called upon for the military service; those who do not exercise a licensed profession; those who are not employed in folling timber for exportation; ; in fine, those who cannot justify their means of existence, shall cultivate the soil. Art.. 4.-Citizens whose employment Îs agriculture shall not be permitted to quit the country to inhabit the towns and villages, without a permission from the justice of peace of the commune they desire to quit, and of the commune in which they desire to establish themselves. The justice of peace shall give this permission only after having ascertained that the person asking it is of good morals, that his conduct has been regular in the canton he is about to and that he possesses the means of existence in the town he desires to inhabit. quit, All thosc who do not conform to these regulations shall be considered as and treated as such. vagabonds, Art. 5.- Children of cither sex, whom their parents, being attached to agriculture, may be desirous of sending into the towns or villages, either for their apprenticeship or their education, sball be reccived by contractors, or by public or private teachers, only upon a certificate from a justice of peace; which certificate shall be granted upon the demand of the proprietor, or principal farmer of 393A the of existence in the town he desires to inhabit. quit, All thosc who do not conform to these regulations shall be considered as and treated as such. vagabonds, Art. 5.- Children of cither sex, whom their parents, being attached to agriculture, may be desirous of sending into the towns or villages, either for their apprenticeship or their education, sball be reccived by contractors, or by public or private teachers, only upon a certificate from a justice of peace; which certificate shall be granted upon the demand of the proprietor, or principal farmer of 393A the --- Page 4 --- ERPI COPY OF THE CODE RURAL Law No1. the place; of the officer commanding the rural police, or of the father Agriculture. oft the child. or mother Every infraction of these regulations shall be punishable a fine of dollars, payable by bim who receives the child without a by twenty-five Art. 6.--Military enlistments, which can only be made certificate. by order of the of Haiti, shall nevér be made of citizens attacled to agriculture, unless President command of the chief of tbe state, alleging imminent by express Art. 7.-No wholesale or retail shop shall be establishied, danger, no in ductions of the soil shall be carried on in the country, under traffic the proRaw sugars sold to refiners, sweets sold to distilleries, and any cotton pretence in seed wlatéver. ginning-mills; are excepted from these regulations. sold to Art. 8--Nevertheless, licensed hawkers dwelling in towns or carry about the country, and sell provisions, villages may wares. foreign merchandize, and iron Art. 9.-Houses or huts already built in the country parts of places where no regular villages have heretofore existed, communes, in blage of huts built by individuals for their own which are only an assembe subject to a tax upon their letting value, in the residence, or to let to others, shall and villages. same manner as houscs in towns In future no hut shall be erectèd in the country, but in some unless it be dependent upon some rural establishment. recognized village, ; boats Art 10-No proprietor bordering upon the sea shall be or craft, excepting such as are necessary for permitted to keep nearest town or village; and for these he sball take out carrying a licence, his produce be to the gratis by a justice of peace : these boats shall not, under to delivered the coasting trade between the any pretence, carry on fishing, excepting for the use of the neighbouring plantation ports to which or islets, or be employed in Art. 11.-All fines and confiscations imposed by the they belong. ing 100 dollars, shall bc adjudged by a justice of Rural Code, not exceedby the civil tribunals. Hali ofall fines and confiscations peace; shall cxceeding 100 dollars, sury, and half to the informer. belong to the treaArt. 12.-On the day of the Festivalof éach section shall present themselves at the Agriculture, place wliere groups the of cultivators from assembles, with samples oftheir labours. The Council of Council of Notables rities being present, shall crown the cultivator (in each section Notables, for each all the authocultivation) who shall be found to have cultivated his field in thc best species of shall also reccive a prize of encouragement. Accounts of manner ; he be drawn up, and made public. these ceremonies shall Art. 13--On the 1st of September in each year the make to the President of Haiti a circumstantial Council of Notables shall în éach commune, accompanied by their observations report on the state of cultivation improvement of cultivation. upon what may tend to the Art. 14-At the end of each year the commandants of to the President of Haîti the condition of districts shall report roads in their respective districts. agriculture, and the state of the public Law No2. Law No 2. Agricultural Establishments. General Administration of Agricultural Establishments. CHAP. I. Regulations for the Administration of the Landed part of Agricultural Establishments. Sect. 1. .-Of Limits, Boundaries, and Establishments. Art, 15.-All lands situated in the which to be holden as national or asindividual country have beengrantedby the state shall be surveyed within'one year from the property, which bavenot yet been surveyed, of one dollar for every three acres of land, publication to be of this Code, under a penalty To ensure the due execution of the above paid by the proprietor. commune, upon a declaration being made to enactment, him after the the justice of peace of the expiration of the delay allowed, . .-Of Limits, Boundaries, and Establishments. Art, 15.-All lands situated in the which to be holden as national or asindividual country have beengrantedby the state shall be surveyed within'one year from the property, which bavenot yet been surveyed, of one dollar for every three acres of land, publication to be of this Code, under a penalty To ensure the due execution of the above paid by the proprietor. commune, upon a declaration being made to enactment, him after the the justice of peace of the expiration of the delay allowed, --- Page 5 --- SA9 OF HAITI: July 1826. to survcy and lay down plans of the Law No 2. allowed, shail calli in a surveyor duly appointed, of the grantee ; the justice shall thereupon ad- Agricultural grants not surveyed, at the expense Establishments, judge: and levy tlie fine ande expenses. the date of the aforesaid, no sales of proArt. 16.-From and after sball be made publication before a notary, unless the lands have perty situated in the country boundarics be distinctly laid down in the titlepreviouslyl been surveyed, or the sale take place, unless the ground has prevideeds. În no case shiall any partial who neglect to observe these formalities shall be subously been surveyed. Notarics ject to the penalties imposed by law. before the of this Code which Art. 17-Every grant of land dated publication its and every shall not be begun to be cultivated within one year shall from not be publication, begun to be cultivated grant which may be made hereafter, and which shall be re-united to the domains of within one after the date of such and grant, returned to the government. the statc; rdetd title shall be withdrawn, of the preceding article, the officer Art. 18.-To carry into effect the provision with the Council of Agriculturc, shall commanding the rural police, in conjunction of the to the justice of peace, and make a report of the state of abandonment who, grant after having inquired into the to the military commandant of the commune, it, and address it to the commandant of the correctness of the report, shall verified sign it, shall withdraw the title, and send it to the district, who, having duly goverument. establishment forthe cultivation of a grant of land shall be held to Art. 19.--An shall be according to the rules estabe commenced as soon as a garden shall be planted to the number of labourers blished by law, the extent of which proportioned attached to the property. of cultivatedl lands hordering upon each other, shall enclose Art.30-Pronmietors their lands at theirj who joint expense. refuse to do so shall be compelled by proccedings at The proprietor may law. are bound, when their grants are surveyed, to cause proper Art. 21.- Proprictors eitber in iron, in masonry, or in durable wood, under landmarks to be erected, dollars for each landmark which may be wanting. penalty of a fine of five who have neglected to obey, the preceding enactArt. w2.-Proprietors the may fine, be compelled to pay the workman employed ments shall, after having paid by the justice to erect the landmark. Sect. 2.-Duties imposed upon Proprietors or Persons having the Management of Rural Properties. is forbidden to cut down woods upon the summits of Art. 23.- -It particularly from their summits, at the head or in the neighhills, or within one hundred paces banks of strcams. Proprietors of lands watered by bourhood of springs, or upon bamboos, and other trees capable of springs or rivers, are bound to plant bananas, and upon the banks of the rivers. preserving moisture around intending the springs, to burn wood-land, old cancs, savannas, or other Art. the Management of Rural Properties. is forbidden to cut down woods upon the summits of Art. 23.- -It particularly from their summits, at the head or in the neighhills, or within one hundred paces banks of strcams. Proprietors of lands watered by bourhood of springs, or upon bamboos, and other trees capable of springs or rivers, are bound to plant bananas, and upon the banks of the rivers. preserving moisture around intending the springs, to burn wood-land, old cancs, savannas, or other Art. 24. Proprietors hours notice to the neighbouring proprietors, under pain land, shall give twenty-four for all damages the fire may occasion. of being otherwise responsible fire breaks out upon a property; the neighbouring proprietors Art. 25--When shall attend a and assist in extinguishing it. and labourers is forbidden to in the savannas, fields, or gardens of plantaArt. 26.-Iti lightfiresi of the managers, overseers, or drivers tions, without express permission proprietors, upon them. cattle but those absolutely necessary for carrying on the cultivaArt. 27-No drivers, farmers or tions, or for the personal use of the proprietors, for overseers, for manufactorics, or labourers, shall be kept upon estates shall intended be cultivation, in herds, and by night in for other establishments; and these kept by day enclosed pastures or parks. swine, &c. intended for breeding, shall Art. 28.-Horses, established mules, horned-cattle, according to law No. 4- on pens. only be kepti in pena farmer, or overseer of a plantation, shall adopt a Art. tions, or for the personal use of the proprietors, for overseers, for manufactorics, or labourers, shall be kept upon estates shall intended be cultivation, in herds, and by night in for other establishments; and these kept by day enclosed pastures or parks. swine, &c. intended for breeding, shall Art. 28.-Horses, established mules, horned-cattle, according to law No. 4- on pens. only be kepti in pena farmer, or overseer of a plantation, shall adopt a Art. 29. -No proprietor, by law. system contrary to tbat established of labourers settled upon an estate, shall be Art. 30.-No union or association permitted to farm the whole estate, to cultivate it themselves in partnership. the Art.31.The huts of labourers shall all be built upon the same spot, upon plantation to which they are attached. 393- --- Page 6 --- COPY OE, THE CODE RURAL Law N 2. Agricultural CHAP. II. Establishments. Of Cullivation in general. Art.:32.-Thef first class of cultivation consists in for exportation, every kind. of grain, and the plantations which yield produce of the people. provisions necessary for the subsistencc Art:" 33-Those who carry on this class of territorial and land-taxes upon the gross amount cultivation of shall be subject to the for exportation. only the produce they raise fit Art.34.-The sccond class of cultivation consists of kitchen and fruit-trees, raise produce provisions of the and forage, when these are raised on estates flower-gardens, not first class. destined to Art. 35.-Those who carry on this class of territorial and land-tax upon the estimated value cultivation of shall be subject to the raise. the weekly produce they provisions, Art. 36.-The proprictor of every plantation shall be compelled to corn, fruit-trees, such as the &c. cultivate the people employed. bread-fruit, sufficient to provide for Art. 37- Carilens, whether of produce, cultivated; ; for which the farmer provisions or corn, shall be carefully a penalty offrom three to proprietor, fifteen dollars. or overseer shall be responsible under the Art.38.-The produce, shall labourers have attached to any plantation labouring for one of visions, which assigned to them for their personal use a quarter they shall cultivate during their hours and garden for proArt. 39-To effect the preceding article, days of rest. place at the disposal of the labourers sufficient proprietors, farmers or overseers, shall Art. 40.-The dykes, ponds and canals, which ground for their gardens. inhabitants for irrigation, or for any other supply shall the water required by the the parties interested, who shall contribute to purpose, the labour be kept in repair by No one shall be permitted to evade this necessary for their repair. belonging to his neighbour without his consent. work, nor to appropriate the water be liable to a fine of not less than ten Persons guilty of infractions shall moreover, repair at their own charges dollars, the canal nor more than fiftydollars; and shall, destroyed. they may have obstructed or Art. 41.-When the produce is about to be put into packages, upon a rural property, the officer sacks, bales, casks or section shall have the right of inspecting the cominanding the rural police of the adulterated; and should it be so, he shall stop produce, the to ascertain that it is not justice of the peace of the commune. Should the delivery, be and report it to the only, he shall stop its removal, and compel the produce badly manufactured Art. 42. The justicc, upon receiving the proprietor shall to clean it. examine the produce, and should the adulteration report, be name skilful persons to confiscated to the states. proved, the produce shall be Art. 43.- Produce fit for exportation shall not be removed to towns or villages, and sent into circulation, but with from the plantations when resident, or from the officer commanding the rural a permit from the proprietor, is not resident. The permit shall be delivered police, when the proprietor officer commanding the police, who shall gratis, it. upon unstaniped paper, by the Art 44.- All produce removed in contravention enregister of be stopped on the road, and taken before the of the preceding article shall shall inquire whether the produce have not been justice peace of the commune, who it to the owner, and pursuing the supposed guilty stolen, forthe purpose of restoring produce shall have neglected to furnish the perinit, person. he shall Where the owner of the not less than three dollars. be subject to a fine of police, when the proprietor officer commanding the police, who shall gratis, it. upon unstaniped paper, by the Art 44.- All produce removed in contravention enregister of be stopped on the road, and taken before the of the preceding article shall shall inquire whether the produce have not been justice peace of the commune, who it to the owner, and pursuing the supposed guilty stolen, forthe purpose of restoring produce shall have neglected to furnish the perinit, person. he shall Where the owner of the not less than three dollars. be subject to a fine of --- Page 7 --- SS1 OF HAÎTI: July 1826. LAw No 3. Law N" 3Contracts and the mutual Contracts to be entered into between Obligations. Upon and Proprietors, or Chief Farmers, Agriculturists, and their reciprocal Cultivators, or Labourers, Obligations. CHAP. I. General Enactments. Art. 45.- -All persons not' in active employment of the state, as soldiers, timber work- for whose business it is to cultivate the soil, or to fell men and others, and of common interests, enter into a mutual exportation, shall, for the security or chief their farmer of the plantation or wood upon engagement with the proprietor thcir The with the lawhich they are destined to excrcise industry. engagement bourers may be made either collectively or individually. class of cultivation, or for manufactures, Art. 46.-No engagement for the second than nine : for all shall be for a shorter period than two ycars, nor for more than years nine ; other species of cultivation, for less than three ycars, nor more than years; one and for felling timber for exportation, for less than six months, nor more year. Art. 47. The contract shall be made upon stamped paper before a notary, who shall keep a minute of it: it must express distinetly all the conditions agreed upon by the contracting parties, who may insert any stipulations they please, provided such stipulations be notin opposition to the enactments of this Code. who shall reccive Art. 48.-Any proprietor, farmer or overseer of a plantation, without having made or employ upou the plantation any cultivators or and labourers, shall be condemned for with them the contract required by articlcs 47 49, so and in case the first offence to a fine of ten dollars for each person inorcover, employed; shall be deprived ofa repetition of theoffence, todouble the amount; and verbal This ofany remcdy against the labourers for default of their engagements. enactment extends to labourers employed in felling timber for exportation. contract Art. 49.- -Any contract entered into with a labourer whose preceding who shall have shall not have expired, shall be absolutely void; ; and the labourer to the made such second contract shall be re-conducted, at his own be expense, to the fine plan- imtation where he had previously engaged himself, and shall subject posed by article 48. for one half of the produce, shall share in Art. 50.-Head-men of parties working ofthe all fruits, provisions, equal portions with the principal proprietor raise plantation, the land cultivated by vegetables, grain aud produce which they may upon halves. are worked by halves, the proprietor shall, Art. 51.-When sugar plantations deduct one-fifth ofthe for the use of before thedivision takes place, for the gross of produce ; and in other the works, utensils, stock, &c. employed, or shall be expenses deductod repairs; before the division. cases the amount of the working plantation for expenses one quarter of the revenuer raised by themselves, Art. 52.-Labourers of the may raise : they shall likeshall divide one clear quarter produce they cultivated by wise enjoy the whole of the fruits RESLT in their individual gardens, themsclvés during their hours and days of rest. manufacArt. 53.-When the seasons require that the works upon with great activity, sugar the different tories, coffee, cotton and indigo estates, shall be pushed assist each other partics upon the same plantation who work for half-produce: number of shall assistance; these in their labours, affording to each other an equal days mutual aids shall be regulated by the manager of the cstate. in, wheArt. 54. When the produceor crop has been manufactured or gatheredi it shall ther it be made or gathered by parties working for half or quarter produce, between the not be removed from the estate until after a division has been made proprietor or head farmer and the labourers working at half or quarter the produce. of Art. 55- Upon sugar estatcs, the division shall be made after working felled for each patch of canes : upon estates cultivated in corn or provisions, other woods fire-wood, charcoal, cabinet-making, or building, in forage, and irregular ductions, proB 393- been manufactured or gatheredi it shall ther it be made or gathered by parties working for half or quarter produce, between the not be removed from the estate until after a division has been made proprietor or head farmer and the labourers working at half or quarter the produce. of Art. 55- Upon sugar estatcs, the division shall be made after working felled for each patch of canes : upon estates cultivated in corn or provisions, other woods fire-wood, charcoal, cabinet-making, or building, in forage, and irregular ductions, proB 393- --- Page 8 --- COPY OF THE CODE RURAL Law No 3- ductions, the division shall be made every six months; and all Contracts and such as plantations of coffee, coiton, cocoa, indigo, &c. the upon other estates, Obligations. after the crops. division shall take place Art. 56.- When the time for dividing the proceeds of the the labourers arrives, the oflicer commanding the rural police of produce the section belonging shall to called in by the proprietor, head farmer or overseer, to witness the division. be accounts of the produce manufactured or gathered in, and a certificate of The the price current, shall be produced, together erettE a certificate from the of the produce enumerated in article 55. A list ofall persons entitled to share purchaser shallbe made out, and the respective profits shall be allotted. Art, 57.-Each individual entitled to sharc, shall be inscribed one of three classes, according to his strength and activity, and the upon time the he list has in worked. The monies to be shared shall be divided into quarter shares, half and shares. The drivers and headmen sball bc eutitled to three shares eachi. shares, Sugar-boilers, and chief carter, and other headmen, two shares each. Good working men and woinen of the first class, a share and half each. Those of the second class, a share each. Those of the third class, three quarters of a share cach. Children from twelve to sixteen years of age, and elderly people, half a share éach. Children from nine to twelve, and weak infirm people, a quarter share each. Any monies remaining over and above the shares paid to each person shall be divided among those who have shown the most steadiness and in their labour. activity Art. 58.- -Tickets, certifying the days they have been present, shali be given to day-labourers. These day-tickets shall be withdrawn once in each week, and weekly tickets stituted forthem. Account shall be taken of these weeklyt tickets at the time of subdivisions of produce or crop. the Art. 59.-In no case shall the officer commanding the rural deduct the amount to be divided any thing for bimself. police from He shall draw up a written account of these divisions, and shall send it, with the necessary vouchers, to the Council of Notables, as a document of reference in casc of necessity. Art. 60. - Proprietors, farmers and overseers, are forbidden to give to any labourer to travel in the commune, or to absent himself from his permission domicile and work, for mnore than eight days; the permit shall be on unstamped delivered gratis, and signed by the officer commanding the rural police. paper, Wheu the parties require a longer leave of absence, the proprietor, farmer OI refer theu to the commandant of the commune. overseer, shall CHAP. II. Or the Duties ef Proprielors, Farmers or Overseers, towards the Labourers. Art. 61.- Proprietors, farmers or overseers, shall employ the labourers with whom they have contracted in agricultural labour, or labour relating to agriculture only. They shall treat their labourers as parents would their children. Art. 62.-Proprietors or head farmers shall supply, at their own labourers working at quurter-produce, with tools and farming expense, tools shall only be replaced when proved to bave been worn out implements;, or broken in these service of tbe proprietor. the The labourer who loses the tools supplied to bim, shall replace them himself; if he do not he shall receive others, the price of which shall be deducted from his share of the produce. Art. 63.-The proprietor or head farmer shall supply the labourers working at quarter-produce with the means of conveying their share of the produce to the placc of sale free of expense; the labourers working at half-produce shall theirshare at their own expense. convey Art. 64.- WI hen the proprietor or clief farmer undertakes to dispose of the portion of the produce applicable to labourers working at quarter-produce, or belonginging to those at half-produce, he shall be bound to prove, in the most manner, the price- current of the produce at the time of sale, and to produce legal at the the labourers working at quarter-produce with the means of conveying their share of the produce to the placc of sale free of expense; the labourers working at half-produce shall theirshare at their own expense. convey Art. 64.- WI hen the proprietor or clief farmer undertakes to dispose of the portion of the produce applicable to labourers working at quarter-produce, or belonginging to those at half-produce, he shall be bound to prove, in the most manner, the price- current of the produce at the time of sale, and to produce legal at the --- Page 9 --- OF HAITI : July 1826. of the a certificate from the purçhaser, as well Law No 3the time of the division proceeds Contracts and as thc price-current, duly attested. of belonging to the labourers is sold by the Obligations. Art. 65--When the portion produce be bound to produce the price-current at thc drivers or jobbers, these shall likewise from the for the purpose time of sale, duly attested, and a certificate their fair and just purchaser; rights. of proving that the sharers have head received farmer shall in no case deduct any thing from Art. 66.-The proprietor or for the of the salaries of overthe share of produce due to the labourers the payment or head fariner. secrs. These salaries shall always be shall paid by he proprietor under penalty of not less Art. 67.- Proprictors or farmers dollars, required, to with a medical man for than five dollars, nor more than fifteen medicines engage when arc to be proattendance upon thc labourers, and to supply shall be supplied gratis any to labourers workcured in the commune : these shall medicines bc paid for at the cost price by all others. ing al quarter produce; they and principal farmers of rural properties shall take carc Art. 68. Proprietors taken care of; one or more nurses shall be apthat infant children are properly this shall be borne by the pointed for this purpose: : the expenses attending labourers. CHAP. III. Ofthe Duties of Labourers tovards Proprictors, Farmers or Operseers. Labourers shall be submissive and respectful to the proprictors and farmers Art. 69.- with whon they have contracted, as well as the overseers. whatever Labourers shall with zeal and exactitude agriculArt. 70.-1 ofthem perform by the proprietors, farmers or overseers with tural labours mayl be required whom they have contracted. under whatever name, or upon whatever condition they Art. 71.- -Labourers, themselves, shall dedicate the whole of their timne to such labour, may have bound whatever; they shall not abscnt themsclves and shall not quit it upon any pretence but from Saturday morning until Monday before from their houses at any time, the farmer or overseer ; on all other sunrisc, without permission shall be from proprietor, to have a permit from the proprietor, hcad days of labour they required not to beyond the bounds of their commnune; farmer or overseer, if they are by the officer commanding for all other purposes the permit must 8 countersigned of the the rural police ofthe section, and byt the commandant or, those place. entitled to half-proArt. 72.-1 Labourers working at and quarter-produce, to into condition for delivery, the part of duce, shall be bound to prepare, the put or farmer, and to convey it to the place the produce appertaining to proprietor by the proprietor or farmer. of delivery; the means of transport being provided CHAP. IV. the Sub-contracts betzveen Agriculturists at Hlalf-produce and the Labourers Of empluyed by then. Art.73-Suh-fanmers and head-inen of bands upon plantations shall have the the of sub-contracting with labourers ; but they shall be answerable to proprietor power or head farmer for the conduct of the persons they engage. for çach. subArt.74--The number of sub-contractors shall never exceed ten farmer or head-man. CHAP V. Rules respecting Persons in the service of the Republic residing and working upon Plantations. Art. 75--Soldiers in active service, and other persons employed head-men by the of bands state, shall be pernitted to engage themselves to for proprietors, agricultural farmers, labour, cither at quarter or working at half-produce, orsnb-farmers, shall be liable to all the engagements which half-producc, or as sub-farniers ; they be with their public they may contract, sO far as the same may compatible duties. Art. 76. 393- Persons in the service of the Republic residing and working upon Plantations. Art. 75--Soldiers in active service, and other persons employed head-men by the of bands state, shall be pernitted to engage themselves to for proprietors, agricultural farmers, labour, cither at quarter or working at half-produce, orsnb-farmers, shall be liable to all the engagements which half-producc, or as sub-farniers ; they be with their public they may contract, sO far as the same may compatible duties. Art. 76. 393- --- Page 10 --- COPY OF THE CODE RURAL Law No 3Art. 76.- When soldiers or other persons in the Contracts and taken up their abode upon a plantation, shall have employ of the state, who have Obligations. with the proprietor or farmer of the plantation, entered make into no engagement contract with him to labour by the week, by the they may a verbal or written whatever terms and conditions they please; but thesc month, soldiers or by shall the be piece, upon join, without remuneration, in all labours necessary for the obliged to wells and cisterns upon the estate, the hedges and enclosures repairing of water-courses, and dows, and in maintaining order upon the plantation. gardens meaArt. 77. - When soldiers or other persons in the employ of the state shall not comport themsclves towards the owners or farmers of the estate which dwell according to articles 75 and 76 of this law, they may be sent upon off the they perty. proArt.; 78.- Soldiers or others in the service of the state, who to proprietors or farmers to labour for wages by the wcek or engage themnselves shall spect and obey the owners, farmers and oversecrs of the estate to otherwise, whom have reengaged themselves. they Art. 79-V When soldiers or others employed in the service of the are required by the proprietor, farmer or overseer, to work by the day, the state, job or otherwise, in a field cultivated by labourers working at week, the to assist in gathering in its produce, or the manufacture ofit, their quarter-produce, or deducted from the gross amount of the procceds of such labour, before wages the shall be belonging to the otlier labourers is separated. quarter Art. 80.- Wben labourers, such as those mnentioned in the arc called upon by head-men of bands entitled to halfthe preceding to article, in their labours, their wages shall be paid out of the moiety of produce the aid them to such labourers, before the division ofit takes place. produce coming If these labourers quit the work they have contracted to do, of their own will, before the end of the week, they shall be entitled to no remuneration free time they may have laboured during the beginning of the week. for the CHAP. VI. Of the Mode of deciding all Disputes between Proprietors, Farmers, and Culticators at Half-produce, Sub-farmers, gc. Ocerseers, Art. 81.-When disagreements arise between proprietors, farmers, overseers, and cultivators at half-produce, or sub-farmers, agriculturists, the shall in the first instance carry their complaints before the officer parties the rural police of the section, who, being assisted, if necessary, the commanding Council of ture of the district, shall endeavour to bring about a by compromisc between Agricul- the parties, in all matters falling within his jurisdietion. Art. 82.- When the matter in dispute cannoti be settled by the officer commanding the rural police, assisted by the Council of Agriculture, he shall the parties to name arbitrators within the section to regulate and terminate require their differences. Art, 83-When the matter in dispute cannot be decided arbitration the spot, or where the parties have neglected to name arbitrators, by the officer on commanding the rural policc shall wait until Saturday or Sunday, to refer parties to the justice of pcace of the commune: : the delay must not exceed the six days. Art. 84.-The justice of peace is bound to decide the matter in shall not allege the silence of the law on the matter in dispute as a dispute ; and for refusing to give. judgment, under penalty of a denial of justice. ground Art." 85. The justice of peace shali give judgment within after the appearance of the parties. twenty-four hours to name arbitrators, by the officer on commanding the rural policc shall wait until Saturday or Sunday, to refer parties to the justice of pcace of the commune: : the delay must not exceed the six days. Art. 84.-The justice of peace is bound to decide the matter in shall not allege the silence of the law on the matter in dispute as a dispute ; and for refusing to give. judgment, under penalty of a denial of justice. ground Art." 85. The justice of peace shali give judgment within after the appearance of the parties. twenty-four hours --- Page 11 --- SS5 OF HAITI: July 1826. LAw No 4. Upon Cattle-Pens. CHAP. I. Establishment of Cattle-Pens, and the Management of them. Art. 86.- -Cattle-pens shall only be established at places at the least one league Cattle-pens. Law No 4. distant from plantations. establish for horned cattle who has not Art. 87. Hercafter no one shall a pen atl least 150 acres of pasture land; and for hogs 75 acres. Art. 88.- The number of keepers shall not in any case exceed five men, including the head-keeper, with their wives and children. the Art. 89.- -When a keeper finds among the herds intrusted to him, or in meadows belonging to the pen in which he is employed, stray cattle, he shall forthwith give notice thercof to the neighbouring keepers, and ifthe cattle do not belong to their pens, he shall send notice to the officer commanding the rural police of Art. the section. go.- When the cattle mentioned in the preceding article have remained three months in a unclaimed, they shall be conducted by the pen-keeper to the justice of peace Pot the commune, to be placed among the strays. Art. 91. -When anyanimal in a pen shall be found' to be attacked by any contagjous disease, it shall be instantly separated from the other cattle, and taken care of until its recovery or death, under penalty of a fine not less than ten, nor more than twenty dollars, to be paid by the pen-keeper. disease, Art. 92-Everyanimal which dies in a pen of a contagious or epizootic sball Art. be 93--It burnt or is buried. strictly forbidden, under penalty of a fine of not less than ten, nor more than twenty dollars, to burn the savannas or meadows of pens without the permission ofthe officer commanding the rural police. Art. 94-When cattle upon plantations dic from ordinary disease or accident in the absence of the proprietor or farmer, the head-keeper sball procure a certificate of the death of the animai from the officer commanding the rural police, or from the neighbours : and the skin, having the stamp or brand, shall be produced to the proprietor ; in default of which, the pen-keeper shall replace the animal. Art. 95-Animals belonging to pens, as well as those used for cultivation upon plantations, shall be stamped with brand-marks only: it is strictly forbidden to make any marks upon them by the hand. CHAP. II. Of the Engagements to be entered into between the Proprietors or Farmers of Catlle- Pens, and those attached to them. Art. 96.-Proprietors or farmers of cattle-pens shall not receive or cmploy at their pens any keepers, or other persons, who have not previously bound themselves, as directed by article 47, or Law 3. and farmers and Art. 97. The duties reciprocully imposed upon proprietors of cattlc-pens those who labour, shall also extend to proprietors or farmers and and those employed by them, sO far as the same relate to order general police. Art. 98.-Keepers of cattle-pens shall not be permitted to receive at their inaster's pen any cattle or beasts without permission of the proprictor or fariner of the pen. remove or sell animal to the Art. 99. - The pen-keeper shall not any belonging pen, unless he produce the permission of the proprietor or farmer in writing, of and the a permit upon stamped paper from the officer commanding the rural police section ; who shall register the permit, and the brand of the animal. 393C to order general police. Art. 98.-Keepers of cattle-pens shall not be permitted to receive at their inaster's pen any cattle or beasts without permission of the proprictor or fariner of the pen. remove or sell animal to the Art. 99. - The pen-keeper shall not any belonging pen, unless he produce the permission of the proprietor or farmer in writing, of and the a permit upon stamped paper from the officer commanding the rural police section ; who shall register the permit, and the brand of the animal. 393C --- Page 12 --- COPY OF THE CODE RURAL Law Ns. LAw No5. the Lra dainage ArRits by Animals. Upon the custody and keeping of Animals, and the upon damage which they may do in the Fields. Art. 100.-Cattle belonging to labourers shall be kept in herds, those of the proprietor, and the keepers shall be paid their salarics, half along by with the proprietor and balf by the labourer. Art. 101.-It is forbidden to kill or maim beasts of burden, or horned cattle, found trespassing upon cultivated land, orj in gardens. Art. 102.-Iti is likewise forbidden to kill or' maim sheep found in fenced gardens or enclosures. trespassing Art. 103--Pigs and goats found trespassing in fenced gardens or enclosures may be killed. Art, 104.-The animals enumerated in articles 101 and 102, which be found in cultivated gardens, shall be conducted, twenty-four hours afterwards, may before a justice of the peace, to be sent to the pound, unless within that time the owner of them withdraw them from the pen belonging to the plantation upon which they may bc found. Art. 105.-The officer commanding the rural police shall, within hours after complaint made by the parties injured, draw up in writing a twenty-four statement of the damage done by the animals, and send it to the justice of peace, unless compensation be voluntarily made to the owner of the garden. Art. 106.-The officer of rural police shall take care that he send the written statement to the justice of peace duly certified, that the said justice may be able to decide according to law. Art. 107.-The keepers who may have suffered the animals mentioned in article 27 to escape, shall pay thc expenses attending their recapture, according to the tariff established by law. Art. 108.-Proprietors, farmers, or overseers upon plantations, are forbidden to work, or use in any manner, thc animals found in their garden, expressly the time they may remain in their pens bofore they arc sent to the during ; infringement of this article shall be punished by a fine of not less than pound; any nor more than fifteen dollars. five, Art, 109-The capture of the animals enumerated in articles 101 and 102, taken in gardens and conducted to the pound, shall be paid for as follows: : For each horse or mule, onc dollar; for each ass, seventy-five cents; for each head of horned cattle, one dollar and a half; and for each sheep, twenty-five cents: one half to to the person taking them, and one half to the guards. belong Art. 110.- -When animals taken in gardens are withdrawn from the before they are sent to the pound, the owner shall pay half the above fines to the pen who takes them only. person Art. 111.-When an animal taken in a garden and sent to the pen happens die by accident or otherwisc, during the short tine it remains there, or wbile it to is being conducted to the residence ofthe, justicc of peace belonging to the the officer commanding the police shall call for witnesscs to prove the causc commune, of the death of the animal. Art. 112.- When the death of the animal shall prove to have been occasioned oy negligence, want of food, or violence, the propricior, farmer, or overseer of the plantation, shall pay for itaccording toits value, to be estimated by arbitrators named by the justicc. The amount tbus paid shall be remitted to the administration of the district, to be paid to the owner oft the animal, should hoappeur, or to be into the treasury. In all cascs the damage done by the animal shall be paid for paid out of this money. Art. 113-- When animals taken in gardens by virtue of article104, are conducted to the.justice of peace of the commune, to be sent to the pound, if the owner consent to pay for the damage done and the expenses of capture before the beast be sent to tlie pound, the justice of peace shall consent. Art. 114.-Persons conducting herds of cattle from one commune to whether for sale or for agricultural purposcs, shall provide themselves with a another, permit, setting forth the kind and nuinber of the animals they are conducting, their descriptiou, and brands. Art. 115. 113-- When animals taken in gardens by virtue of article104, are conducted to the.justice of peace of the commune, to be sent to the pound, if the owner consent to pay for the damage done and the expenses of capture before the beast be sent to tlie pound, the justice of peace shall consent. Art. 114.-Persons conducting herds of cattle from one commune to whether for sale or for agricultural purposcs, shall provide themselves with a another, permit, setting forth the kind and nuinber of the animals they are conducting, their descriptiou, and brands. Art. 115. --- Page 13 --- OF HAITI: July 1826. Art. 115.-Those permits shall be delivered by the commandants of communes, Law No 5. or countersigned by them, upon permits given by the owners, or upon certificates and Upon the keeping done furnished by the oflicer cemmanding the rural police of the sections from whence the by Animals. damage animals came. Thesc permits must be registered by those who give them, and countersigned by the commandants ofthe communes through which the herds may pass. Art. 116.-The drivers ofl herds who may! be met by the police or gen-d'armerie shall, upon demand, show their permits; and ift the number of beasts or their description shall not be found to agree with the particulars stated in the permit, and if any causc of suspicion should exist, the drivers may be taken up and conducted to the nearest post, with the animals in their possession, to bc taken before the justice of peace of the commune. their of Art. 117- -Ifthe partics taken before the justice cannot prove right property in those animals not included in the permit, and are unable to give good and sufficient security for their re-appcarance with such proof within the time to be allowed them, not exceeding fifteen days, they shall be committed to prison, and the animals sent to the pound. the write tot the Art. 118.-Withino one monthfrom the dayofthe arrest justiceshall justice oft the commune from which the party committed may come, or to the officer commanding the rural police of the section to which he belongs (ifl he belong to the same commune), to make inquiries about the person committed and the animals stopped : upon receipt of this information, itshall be forwarded to the public minister, together with a written statement from the justice, of the grounds of ulterior proceedings against the party detained, should sufficient cause appcar for such proceedings. LAw No 6. Law No 6 Rural Police. Rural Police. FIRST HEAD. GENERAL ENACTMENTS. Art. 119--Rural police embraces every thing that concerns the administration and prosperity of rural propertics. Art. 120.- Rural police shall be carried into effect under the inspection of commandants of districts and commandants of communes ; by officers commanding the rural police, to be stationed in sections of cach commune, by guards, by gen-d'armerie, and, in cases of necessity, by detachments of troops of the line. Art. 121.-Justices of pcacc have also authority to exercise rural police in the cases Art. provided 122.-The by the Council law. of Notables and the Councils of Agriculture assist the authoritics, in cases of necessity, to secure perfect superintendence and inspection by the agricultural police. SECOND HEAD. OF THE INSPECTION. CHAP. I. Of the supreme Inspection of Commanders of Districts. Art. 193.-The commandant of each military district, having the general inspec- all tion of the cultivation of the district entrusted to him, unites in his own person culthe authority necessary for enforcing agriculture; (pour la mise en activilé de la ture): he is responsible, 1st. For the decay of agriculture in his district: within his 2dly. For the due execution of all or part of the Code of Agriculture district: 3dly. For the neglect of commandants of communes under his command to inspect and superintend agriculture within their respective communes, when he has not preveuted such neglect. Art. 124- : 393- tion of the cultivation of the district entrusted to him, unites in his own person culthe authority necessary for enforcing agriculture; (pour la mise en activilé de la ture): he is responsible, 1st. For the decay of agriculture in his district: within his 2dly. For the due execution of all or part of the Code of Agriculture district: 3dly. For the neglect of commandants of communes under his command to inspect and superintend agriculture within their respective communes, when he has not preveuted such neglect. Art. 124- : 393- --- Page 14 --- COPY OF THE CODE RURAL Law No 6. Art. 124-The commandant of cach districtshall Rural Police. rural section in the several communes inspect once in each year each personally of the due execution of the laws, composing and of the his district, and inform himself and make a detailed report of these matters to the President progress of and Haiti. state of labour, Art. 125.Theyearly report, which the commandant of each district to make to the President of Haiti, shall state the number of is required each section, the nature of their produce, an account of their plantations kept up in off, and, lastly, the state of the public and private roads. improvement or falling CHAP. II. Of the Inspection of Commandants of Places and Communes. Art. 126.-The commandant of the place or commune has the chief the cultivation of the commune : ifhehave within his command inspection of erected into military posts, the commandants of such posts have cantons the or parishes the cultivation of the territory under their comniand. inspection of Art. 127.- --The commandant of the commune is for of the cultivation of the commune within his command, responsible when it arises the deterioration gencei in any part of the service. from negliArt. 128.-The commandant of the place or commune shall the different sections within his command three times in go the round of Art. 129.-The commandant ofthe commune in his rounds every year. shall visit the provision-grounds, enclosures, and new plantations. He shall examine into fields, details set forth in the Rural Code. Hes sball inquire whether the officer all the ing the rural police has duly performed all the duties commandHe shall repress all negligences and irregularities, and shall imposed draw upon him by law. whole in the form prescribed for each section; ofwhich up a report of the the commandant of the district. copy slall be forwarded to CHAP. III. Of Rural Sections, Oficers commanding the Rural Police, Guards and Overseers, and Drivers upon Plantations. Sect. 1.-Of Rural Sections. Art. 130.-The communes: shall, by an ordinance for that be the President of Ilaiti for each district, be divided into agricultural purpose to made by four leagues extent in the plains, and according to the nature of sections, the of in about the mountains. ground Art, 131.- - -Each section shall be named, and its limits and boundaries fixed. Art. 132.- -As soon as the sections are formed, the commandant of the assisted by the Council of Notables, and one of the private surveyors, shall cummune, draw upon schedules preparcdbythe. justice of peace, tripler rolls of all up, in each section, with the names of the proprietors, the extent plantations situated the kind of tillage carried on upon each plantation. One of of each property, and posited in the office of the commandant of the these rolls shall be deNotables, and tbe third in thel hands of the officer commune, one with the Council of section. commanding the rural police of the Art. 133--The Council of Notables shall furnish the commune with an examined copy of the schedule deposited justice in their of peace of the commandant of the commune shall furnish the commandant of office. The a similar copy of the schedule deposited in his office. The commandant the district with district, after having collected all the rolls of plantations of all the sections of the commune forming his district, shall draw up a schedule of the of each which he shall forward to the President of Haiti. whole, a copy of Art, 134--The officer commanding the rural police shall commandant of the commune, of each transfer of a rural give notice to the the section, and of each change in the mode of cultivation property situated within mandant of the commune shall note such transfer or adopted. The comthe roll deposited in bis oflice, and shall notice of the change of cultivation upon ant. of the district, who shall likewise note give the same to the commandinform the government of it. same upon the roll in his hands, and Art. 135- of Haiti. whole, a copy of Art, 134--The officer commanding the rural police shall commandant of the commune, of each transfer of a rural give notice to the the section, and of each change in the mode of cultivation property situated within mandant of the commune shall note such transfer or adopted. The comthe roll deposited in bis oflice, and shall notice of the change of cultivation upon ant. of the district, who shall likewise note give the same to the commandinform the government of it. same upon the roll in his hands, and Art. 135- --- Page 15 --- 5S9 OF HAÎTI: July 1826. of the section shall the notice men- Law No 6. Art. 135-The Council of Agriculture the Council of Notables Lpne the commune; ; and Rural Police. tioned in the preceding article to noted it, shall inform the justice of peace, the Council of Notables, after having the copy of the roH deposited in his who shall cause the same to be inscribed upon office. between the 1st and 15th of February, the officers comArt 136. -Every rural police year, of each scction, shall receive from the agents for taxes manding the number of stamped schedules of in blank; ; a certain population of their commune, furnish to the proprietor, farmer, or overseer of each plantation of which they shall before the end of the same month ; receiving from them the value oft the the section, which the officer shall pay over to the agent for taxes. This stamp duty stamp, The schedule of population for an estate containing shall be as follows: land, shall stamped be twelve cents and a half; for thirty-three to sixty acres, twenty-five thirty acres cents; ofl for sixty-three acres and upwards,/fly cents. shall return the Art. 137- _The proprietors, farmers, or overseers of plantations, to the officer commandschedule of population, filled up in the manner pointed out, under penalty of ing the rural police, at the latest on the 2oth of March following, a fine of not less than fifteen, nor more than fifty dollars. of each section shall, on Art. 138.-The officer commanding the rural police of ofhis section, the 5th of April at tle latest, return all the schedules of Notables population of each commune, or the names of the defaulters, to the Council article. under penalty of the fine imposed by the preceding the Council of Notables of each Art. 139.-On the first of May in every the year, schedules of population which commune shall forward to government original article. they may have received in virtue of the preceding Section 2.-Of the Officers Commanding the Rural Police, and of the Guards. Art. 140.-A military officer of subaltern rank, (from sub-lieutenant rural to captain), to be named by the President of Haiti, shall be stationed of the in section, each and section: with its this officer shall be charged with the superintendence police. officers commanding the rural police of the different sections shall Art. be 141,-The independent of each other, and shall report only to the commandant ofthe commune and the commandant of the district under whose orders they their are placed; shall also correspond with the civil authorities, and attend to requithey sitions. Art. 142-The dwelling or station of the officer commanding the rural police shall be in the centre ofhis section, upon the public road which is traverses it. bound to Art. 143-The officer commanding within the rural the section police confided particularly to him, and to push agriculture to the utmost and extent to be respected. He is responsible in cause the laws to be observed, property the whole extent of his section. of the Rural Code in what is of his competence, as 1st. For the due execution of the relative to agriculture, and to rural well as of all other acts government police: of and manual labour upou the plantations 2d. his section, upon the public road which is traverses it. bound to Art. 143-The officer commanding within the rural the section police confided particularly to him, and to push agriculture to the utmost and extent to be respected. He is responsible in cause the laws to be observed, property the whole extent of his section. of the Rural Code in what is of his competence, as 1st. For the due execution of the relative to agriculture, and to rural well as of all other acts government police: of and manual labour upou the plantations 2d. For every neglect superintendence of the section : disorders and disobedience to the police, within his 3d. For all vagrancies, or them to superior ausection, when he has not prevented them, reported thority. He shall make oath before the commandant of the district before entering upon the duties of his office. the rural shall have under his comArt. 144-The officer comnanding one of police whom shall be of the rank of mand at some fixed station three the duties guards, of secretary, one of the rank of serjeant, quarter-master, and perform These shall be sworn; the vath shall be and the third a private dragoon. guards of the district. taken in the presence of the commandant the rural shall make the round of Art. 145. The officer commanding police his section, aud visit each plantation once in the week. shall hold himself in readiArt. 146.-The officer commanding the rural police ness to attend to the requisitions of proprietors, managers or overseers, the by day and by night, and to send guards to them, to enforce obedicnce to law, and maintain order. D Art. 147. 393- --- Page 16 --- COPY OF THE CODE RURAL Law N"6. Art. 147. .-One of the guards shall repeat every week each Rural Police. the section the visit of the officer, SO that each plantation upon shall be plantation of least twice in every week. visited at the Art. 148. When an officer or his guards in their ordinary rounds arrive any plantation, they shall call first for the proprietor, or, in bis upon chief farmer or manager, and shall inquire if every thing has been absence, for the this formality, they shall inspect the labourers personally, to orderly: after these are properly conducted; they shall ascertain that all the satisfy labourers themselves that and at work; and they shall inquire into the cause of the absence of are present and shall act therein according to law. any of them, Art. 149--When an officer commanding the rural police of a section vented, by any lawful excuse, from making the round and visit directed is pre145and 146, he shall give notice thereof to the commandant of the by articles shall appoint an officer of gen-d'armerie, or of the troops of the line commune, in who commune, to do the duty for hini while the impediment lasts. quartered the shall Art, 150.-Any officer commanding the rural police who, without lawful neglect to make the rounds and' visits directed by the articles excuse, shall suffer a punisbment, to be inflicted by the commandant oft the 145 and 146, in case of repetition ofthe omission, he shall be reported to the commandant commune; and, district, who shall report him to the President of Haiti. of the Art. 151. Every Sunday morning the officer commanding the rural shall present himself in person, or send one of his guards, with a written police to commandant of the commune, toi inform him of whatever remarkable report the may have occurred in bis section. circumstances Art. 152.- The officer commanding the rural police, and the shall their pay and allowances, according to their respective ranks, at guards, the same time receive the troops of the line in active service are paid. when Art. 153-- The state shall supply the guards with arms, and forms, in the same manner as to the troops of the line. officer commanding the rural shall present himself in person, or send one of his guards, with a written police to commandant of the commune, toi inform him of whatever remarkable report the may have occurred in bis section. circumstances Art. 152.- The officer commanding the rural police, and the shall their pay and allowances, according to their respective ranks, at guards, the same time receive the troops of the line in active service are paid. when Art. 153-- The state shall supply the guards with arms, and forms, in the same manner as to the troops of the line. accoutrements, uniArt. 154-The uniform of officers commanding the rural shall be coat with flaps and lappels turned back, red collar and cuffs, police red facings, a green lining, plated buttons, with a cornucopia surmounted by the of wlite words Republique d'Haiti" engraved cap liberty, and the They shall also bear the epaulettes upon and them, and of a cocked hat. white waiscoats and pantaloons and boots. fringes their respective ranks, wear The uniform of the guards shall be a jacket of cloth of the same colour as their officers, with the distinctive marks of their rank in silver or white and worsted make lace, and plated helmets : their arms shall be the dragoon sabre, carbine, and à touche-box; la they shall wear a red belt from right to left, with the words c carloi" inscribed upon iti in bluc letters. force Sect. 3--Of Overseers and Drivers (conducteurs) upon Plantations. Art. 155.-Upon every plantation where the proprietor is not resident, and there is no principal resident farmer, there shall be a manager or overseer, where to be appointed by the proprictor or farmer. Art. 156.-The or farmer, after having selected the seer who suits him, Soreae enter into a mutual contract or agreement manager with or in over- the presence of a notary, upon such terms and conditions as the him, upon. The proprietor or farmer shall afterwards make the parties or may agree kown to the officer commanding the rural police of the section. manager overseer Art. 157.-Every proprietor or principal farmer of a rural not resident on his property or cultivated farm, upou which the number property shall ceed ten persons, and who shall not have appointed a manager oflabourers or shall exsubject to a fine of notl less than ten, nor more than fifty dollars, according overseer, to the be tent oftlie property : when the number of labourers does not exceed ten persons, ex- the management may be entrusted to a driver. Art. 158.- The duties of the manager or overseer are to interest of the proprietor who employs bitn, the labours carried superintend, on the for the tion entrusted to him. , upou which the number property shall ceed ten persons, and who shall not have appointed a manager oflabourers or shall exsubject to a fine of notl less than ten, nor more than fifty dollars, according overseer, to the be tent oftlie property : when the number of labourers does not exceed ten persons, ex- the management may be entrusted to a driver. Art. 158.- The duties of the manager or overseer are to interest of the proprietor who employs bitn, the labours carried superintend, on the for the tion entrusted to him. upon plar taArt. 159.-The managers or overseers upon plantations are answerable to the preprietors or chief farmers for every neglect or abandonment of labuur where are employed : they shall be prosecuted by the they Art. 160.- 1 The manager or overseer shall be parties respectedb injured. by the labourers estate where he is employed. upon the Art. 161. --- Page 17 --- S6l OF HAITI: : July 1826. Art. 161. -Upon estates where the fields or gardens are parcelled out among Law No 6. associations working at half-produce, or among sub-farmers or jobbers, each head- Rural Police. man of association, and cach sub-farmer or, jobber becomes the driver of his gangor of his association; : he is answerable for their labour. - Art. 162.-The duties of the drivers are to causc the work to be done by the gangs entrusted to them, under the directions of the proprietor, farm er, manager, or Art. overseer. 103.--The drivers are answerable for every neglect of work, for every absence without leave of the labourers, and for cvery misconduct, excessor idleness committed by the labourers, when they have not reported the same to the proper authorities, Art. 164.-The drivers shall be remunerated from the procceds of the produce raised by the gangs which they direct, according to Art. 570f Law No 3. CHAP. IV. Of the Council of Agriculture in the Rural Sections. Art. 165-On the first of May in every year, being the Festival of Agriculture, the commandant of each commune, assisted by thcj justice of peace and the Council of Notables, shall select from cach section threc of the most respectable citizens, being proprictors, farmers, managers or overseers, to form the Council of Agricultureof the section. of the members of the Council of Agriculture shall be Art. immediately 166.- Thea made appointment known by the commandant of the commune to the commandant of the district, who shall communicate it to the Government. Art. 167--The members ofthe Council of Agriculture are clected for the be in consideration the of s but re-elected cach CaPOSE onc year only; they may year, zeal with which they may have discharged their duties in the preceding year. Art, 168.- The, Councils of Agriculture being composed of inhabitants cultivating the soil, and interested in the preservation of order in rural economy, each of thc members is bound, when he can do SO without essentially neglecting his own labour, to inquire into all that passes in the section to which he belongs, in order to report the same to the Couneil of Notables. Art. 169.-The dutics of the Councils of Agriculture are, 1. To see that the provisions of the laws relating to tillage are not curtailed in their execution: : and thc maintenance of concord 2. To endeavour by new experiments, by its results : among all those interestedi in tillage, toi increase progressively 3. To report to the Council of Notables, and to the military authorities, every abuse or neglecet which may occur in thes section in which they dwell. Art. 1 70.The members of the Council of Agriculture correspond, individually or collectively, with the functionaries or authorities with whom it is their duty to communicate. Art. 171.-The appointment of a member of the Council of Agriculture is honorary. THIRD HEAD. OF RURAL POLICE. Art. 172.-Ther rural police is to be specially maintained by officers appointed to command each rural section of the commune, assisted by guards. Art. 173-The objects of the rural police are, 1st. The repression of vagrancy: 2d. The enforcing of order and assiduity in field-labour : 3dl. The discipline of the gangs of labourers : roads. 4th. The making and keeping in repair of public and private CHAP. I. The repression of Vagrancy. Art. 174:-All persons who are not proprictors, or renters of the land on which they are residing, or who shall not have made a contract to work with some proprictor or principal renter, shall be looked upon as vagrants, and shall be arrested by . The repression of vagrancy: 2d. The enforcing of order and assiduity in field-labour : 3dl. The discipline of the gangs of labourers : roads. 4th. The making and keeping in repair of public and private CHAP. I. The repression of Vagrancy. Art. 174:-All persons who are not proprictors, or renters of the land on which they are residing, or who shall not have made a contract to work with some proprictor or principal renter, shall be looked upon as vagrants, and shall be arrested by --- Page 18 --- COPY OF THE CODE RURAL Law No 6. by the rural police of the section in Rural Police. the justice of peace of the commune. which they may be found, and carried before Art. 175.- The justice of peace, after interrogating and the brought before him, shall make known to him the articles of hearing person him to employ himself in the law, which oblige remand him to prison, until agricultural he shall have labour: : and, after that communication, shall the provisions of the law. bound himself by a contract, according to Art. 176.-Thej justice of peace shall take care that the to labour with a proprietor, a person arrested contracts Agricultural Society, at his own priucipal choice. renter, or occupier, or with a chief of the Art. 177-If after eight days of detention the shall measures to bind himself to field labour, he shall be prisoner not have take en cleaning the town or district where he be sent to the public works, for ployed until he shall consent to bind himself may to arrested, field and shall be there emremoves any labourer from the public works to labour. him Any person who be subject to a fine of fifty dollars, of which a moiety employ is to be in private work, shall complaining. paid to the prisoner Art. 178.--If the prisoner be a child under the inquire out his parents, and send him to them, age, to follow justice their of peace shall life. condition of Art. 179.-After the expiration of three months from the Code, rigorous measures shall be enforced against delinquents, publication of this Art. 180.- Every person attached to the country as a a working day, and during the hours of labour, be found cultivator, who shall on on the public roads, shall be considered idle, and be arrested unemployed or lounging the, justice of peace, who shall commit him to prison for twenty-four and taken before first offence; ; and shall, upon a repetition of the offence, send hours for the public works. him to labour on the Art. 181.-The officers of the rural police shall take care that idlers do not conceal themselves under the uniforms of soldiers vagabonds and corps: : when they discover, in the sections under their of the different they do not personally know to be in active service in superintendence, the whose men whom they wear, they shall arrest them, and send them before the corps uniforms oft the commune, that inquiry may be made if the individual military commandant to the corps whose uniform he wears. If the arrested" really belongs shall be committed to prison, party prove not to be a soldier, he tol labour in agticulture, according to article 175, until he enter into a contract Art. 182.-The officers of the rural police shall take care tive sections no person shall live in idleness : for this that in their respecto oblige such persons as are not actually employed in purpose labour they have authority of their occupations; and such persons as cannot that to give an account or are keepers of cattle-pens, shall be considered prove as without they visible cultivate the soil, curing their livelihood, and shall be arrested as vagabonds. means of proCHAP. II. Of the insuring of Order and dssiduity in Field Labour. Art. 183.- --Field labour shall commence on Monday until Friday evening (legal holidays excepted); and in morning and continue the interests of the cultivator or of the proprictor extraordinary cases, when nued until Saturday evening. of their occupations; and such persons as cannot that to give an account or are keepers of cattle-pens, shall be considered prove as without they visible cultivate the soil, curing their livelihood, and shall be arrested as vagabonds. means of proCHAP. II. Of the insuring of Order and dssiduity in Field Labour. Art. 183.- --Field labour shall commence on Monday until Friday evening (legal holidays excepted); and in morning and continue the interests of the cultivator or of the proprictor extraordinary cases, when nued until Saturday evening. require it, work shall be contiArt. 184--On working days the ordinary field labour shall break, to continue until inid-day, with thc interval of half commence at daywhich shall be taken on the spot where the work is an hour for breakfast, the field labour shall commence at two o'clock and continue carrying until on ; after mid-day Art. 185.- Pregnant females shall be sun-set. the fourth montli of employed on light work only; , and after Art. 186.-Four pregnancy they shall not be obliged to work in the field. in the field; but monthsaiter shall their delivery they shall be obliged to resume labour shall continuc to they work until not commence work until one hour after sun-rise : they before sun-set. daywhich shall be taken on the spot where the work is an hour for breakfast, the field labour shall commence at two o'clock and continue carrying until on ; after mid-day Art. 185.- Pregnant females shall be sun-set. the fourth montli of employed on light work only; , and after Art. 186.-Four pregnancy they shall not be obliged to work in the field. in the field; but monthsaiter shall their delivery they shall be obliged to resume labour shall continuc to they work until not commence work until one hour after sun-rise : they before sun-set. eleven o'clock, and from two o'clock until one hour Art. 187.--No labourer attached to an estate in the country shall 393. absent himself from --- Page 19 --- OF HAITI: July 1826. from the labour assigned to him without the permission of the in sence of the proprietor or farmer; and he shall not give that overseer, unless the ab- Law No 6. case be urgent. permission the Rural Police. CHAP. III. Qf the Discipline of the Gangs of Labourers. Art. 188.-Gangs of labourers upon estates shall be obedient to their jobbers, sub-farmers, farmers, proprietors and managers or overseers, whénever drivers, are called upon to execute the labour they have bound themselves to they Art. 189.-I Every act of disobedience or insult on the perform. manded to do any work to which he is subjected, shall Eer punished ofa workman, by comment, according to the exigency ofthe case, at the discretion of the imprisonof the commune. justice of peace Art. 190.-Saturdays and Sundays and holidays being at the disposal of the labourers, they shall not on working days abandon their work, to in or feasting, either by day or by night. Such delinquents shall be indulge to dancing sonment for three days for the first offence, and for six days, in case subject of a impriof the offence. repetition CHAP. IV. On the Making and keeping in Repair of the Public and Private Roads. Art. 191.-The public roads shall be kept up and repaired by the cultivators (agriculteurs) in rotation, ofthe whole section through which the roads whenever their state of detcrioration may require repair. The private roads shall pass, also be habit repaired by such of the cultivators of the establishments of the section as are in the of using the said roads. Art. 192.- Whenever a public or private road requires repair, the officer of rural police shall give notice of it to the commandant of the commune. Art. 193.-If the repairs required be local, or of trivial the mandant of the commune shali order them to be done. But importance, if the work commany hands, in order to be promptly executed, he shall give noticc thereof require to the commandant of the district. The Council of Agriculture shall inform the Council of Notables ofthe work to be done. Art. 194.- The number of labourers required for particular work roads, shall be takcn from the plantation rolls ordered article in upon numbers the to 132, Y to proportioned assist in the work. the labouring population of each plantation, all of whom are bound shall Art. 195--Those proprietors who havei not four labourers attached to their in no case be called upon to furnish more than one labourer for estate, the roads. repairs upon Art. 196.-Every labourer ordered to work on the roads who shall from that work, shall a fine of six quarter dollars a or suffer absent himself ment for one week; ULASZT fine or imprisonment shall not week, thim from imprisonthe week following. exempt working Art. 197.--Any proprietor, farmer or overseer ofa plantation ceived a requisition for labourers, shall neglect to furnish shall who, be having refine of three dollars per week for each labourer short of the them, number; liable to a to be paid to the treasury of fines, and half to be employed in half the fine labourers. hiring other Art. 198.-Labourers called out for repairing the roads shall with the agricultural instruments and tools used on the plantation, in default bring of them officer commanding the rural police shall give them tools, to be supplied which the ad- the ministration; and upon a report of the same being made to a of by commune, he shall adjudge the proprietor ofthe plantation justice to which the peace for the may belong, or his representative, to reimburse the administrationi in double defaulters the of the tools sO furnished. value Art. 190.- When means of transport are required for the repair of private roads, such estates as possess wains or carts shall send public or wains or carts, cattle for draught sball be supplied. them; in default of Art. 200.-Eight beasts ofburden supplied shall be equal to one cart and team. 393. E Art. 201. une, he shall adjudge the proprietor ofthe plantation justice to which the peace for the may belong, or his representative, to reimburse the administrationi in double defaulters the of the tools sO furnished. value Art. 190.- When means of transport are required for the repair of private roads, such estates as possess wains or carts shall send public or wains or carts, cattle for draught sball be supplied. them; in default of Art. 200.-Eight beasts ofburden supplied shall be equal to one cart and team. 393. E Art. 201. --- Page 20 --- DB G7875 12-174 J-SITE COPY OF THE CODE RURAL OF HAITI: July 1826. Law No 6. Art. 201.-No person shall for his private interests take from the repair of the Rural Police. roads those who are sent to work upon them, under a penalty of fifty dollars for cach labourer sO withdrawn, if even for one day only. The director of the work shall call over the names of the labourers every morning to ascertain their presence. Art. 202.- -Labourers ordered to work on the public roads shall present themselves early on Monday morning, and shall not absent themselves, unless the work be finisbed, until Friday evening. Passed in the Chamber of Commons at Port-au-Princc, the 21st of April 1826, Twenty-third year of Independence. Muzaine, President. Pre. Junca and Ardouin, Sccretaries. THE Senate decrees the adoption of the Rural Code of Haiti, and orders it to be sent within twenty-four hours to the President of Haîti, to be confirmed and carried into execution, in the manner directed by the Constitution. At the National House at Port-au-Prince, this 4th day of May 1826, Twenty-third year of Independence. P. Rouanez. President of the Senate. Gayoh und F. Dubreuil, Secretaries. In the Name of the Republic, The President of Haîti orders that the above laws, constituting the Rural Code of Haiti, be sealed with the seal of the Republic, and be published and executed. From the National Palace at Port-au-Prince, this 6th day of May 1826, Twenty-third year of Independence, BOYER, By the President. B. Inginac, Secretary General. --- Page 21 --- --- Page 22 ---