By-laws
Original title: Posturas
Explains the municipal by-laws (posturas) that Madeira's town councils could issue within their municipalities, their occasional conflict with central decrees before 1834, and their printed codifications by several councils, culminating in Funchal's 1912 Código de Posturas.
As is well known, Municipal Councils (Câmaras Municipais) have the right to lay down, within the area of their municipalities, certain legal rules of a local character in keeping with the general laws of the country. These rules must be strictly observed, and any breach of them incurs various penalties. In this archipelago, before 1834, it not infrequently happened that these particular codes of law, or municipal bylaws (posturas), clashed with decrees issued by the central government, prompting the higher authorities to intervene forcefully and compel the municipal council sessions to comply fully with those decrees.
All the Councils of this archipelago, at various times, established and enforced many ‘by-laws’, some of which were published in the press.
As an attempt at ‘codification’, we are aware that in 1841, 1842, 1856, 1890, 1897 and 1900 respectively, the Municipal Councils of Santana, Calheta, Machico, Porto Moniz, São Vicente and Ponta do Sol had their by-laws then in force printed as pamphlets, a sound measure for good municipal administration.
In 1912 the Funchal Municipal Council (Câmara Municipal do Funchal) published, in a volume of 245 pages, the Código de Posturas do Município do Funchal, a collection of the by-laws then in force, the great majority of which are still in force; the oldest dates from 1881. It is an excellent work of codification, compiled in particular by the secretary of the Council, Luís Betencourt Miranda.
In this article
Time
Years mentioned · 09-
Constitutional (liberal) government was established in Madeira, bringing the island under mainland law, ending the old council arrangements, the militia and the white city flag.
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The Santana municipal council printed its by-laws as a pamphlet.
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The Calheta municipal council printed its by-laws as a pamphlet.
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The Machico municipal council printed its by-laws as a pamphlet.
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The oldest by-law included in Funchal's 1912 code of by-laws dates from this year.
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The Porto do Moniz municipal council printed its by-laws as a pamphlet.
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The São Vicente municipal council printed its by-laws as a pamphlet.
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The Ponta do Sol municipal council printed its by-laws as a pamphlet.
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The Funchal municipal council published the Código de Posturas, coordinated by Luís Bettencourt Miranda.
Place
Places mentioned · 07
- Calheta
Its council printed its by-laws in 1842.
Calheta is a town and municipality in western Madeira, created by royal charter of 1 July 1502. It later became the seat of a countship granted to the captains of Funchal and was reorganised as a concelho in 1835.
- Funchal
Its council published a 245-page by-law code in 1912.
The capital of the archipelago and seat of the principal captaincy, where settlement began; it was made a vila c.1451–52. Its bay, the widest in the archipelago, lies between Ponta do Garajau and Ponta da Cruz and offers sheltered anchorage, though its harbour had never been studied oceanographically. The Elucidário discusses it as a health resort with climate data and records the January 1906 disturbances, the Danish prince's visit in May 1846 and recent volcanic cones in the area.
- Machico
Its council printed its by-laws in 1856.
Machico is a town and municipality of Madeira set in a valley. The Elucidário traces its municipal history from its probable creation around 1451, through the loss of territory to Santa Cruz, São Vicente and Santana. It also records its arms, its privileges and its new town hall of 1929.
- Ponta do Sol
Its council printed its by-laws in 1900.
Town and municipality of Ponta do Sol on Madeira, an early sugar-producing centre raised to a town in 1501. The Elucidário traces the changes in its municipal territory and its role as seat of a judicial district (comarca).
- Porto Moniz
Its council printed its by-laws in 1890.
North-western parish and municipality with a quay and a tolerable port that serves as a good landing when southerly winds close the south coast. It has one of the oldest Magdalene chapels in northern Madeira, whose feast falls on 22 July. It was the birthplace of Dr Manuel Gomes Jardim.
- Santana
Its council printed its by-laws in 1841.
Municipality on Madeira's north coast, created in 1835. It lost Porto da Cruz to Machico in 1852 and was briefly abolished in 1867.
- São Vicente
Its council printed its by-laws in 1897.
São Vicente is a town and municipality on Madeira's north coast. It was raised to a town (vila) by royal charter in 1744 to free the northern parishes from distant Machico, and was reorganised as a municipality in 1835. The entry also covers later boundary changes involving Porto Moniz and plans to move the municipal seat.
People
People mentioned · 01- Luís de Bettencourt Miranda1856–1921
Secretary of the Funchal municipal council who coordinated the 1912 Código de Posturas do Município do Funchal.