II. Partial pardon is hereby granted the following-named prisoners, reducing their sentences as hereinafter stated: (1) Francisco Escalona y Almaguer, whose unexpired time of sentence of seventeen years of "reclusion temporal," imposed upon him by the audiencia of Santiago de Cuba on December 31, 1894, is reduced by two years and four months; (2) Emilio Castillo y Serrano, whose unexpired time of sentence of ten years in a penitentiary (presidio mayor), imposed upon him by the "Spanish war jurisdiction" on May 4, 1894, is reduced by two years; (3) Victor Licea, whose unexpired time of sentence of eight years of "reclusión temporal," imposed upon him by the audiencia of Matanzas on April 5, 1897, is reduced by one year, one month, and twenty-nine days; (4) Angel Guerra Ramos, whose unexpired time of sentence of eight years in a penitentiary (presidio mayor), imposed upon him by the "Spanish war jurisdiction" on July 31, 1895, is reduced by one-half. The above-mentioned prisoners are in the presidio at Habana. The secretary of justice will see that due entry is made on the prison record of the aforementioned mitigation of sentences and report execution of same to these headquarters. III. Without any appeal therefrom the department of justice will decide all matters of doubt that may arise in the enforcement of this order, ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 144. HEADQUARTERS DIVISION OF CUBA, Habana, April 9, 1900. The military governor of Cuba directs the publication of the following order: Paragraph II, Order No. 79, current series from these headquarters, is so amended as to extend the period permitting the reception of applications from those desiring to pursue their occupation of commercial broker until April 30 of the current year. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 145. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: The commissior appointed by Order No. 34, from these headquarters, dated January 22, 1900, to consider the general subject of taxation, is hereby dissolved, to date April 10, 1900. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 146. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: Paragraph I, Order No. 81 from these headquarters, dated February 20, 1900, is amended to read as follows: All prisoners who may have to serve penalties of more than six months in the province of Santiago de Cuba will be removed from the district jails to the provincial jail at Santiago de Cuba. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 147. HEADQUARTERS DIVISION OF CUBA, Habana, April 9, 1900. By direction of the military governor of Cuba, Order No. 69, of June 5, 1899, is republished for the information and guidance of all concerned, as follows: No. 69. HABANA, June 5, 1899. The military governor of Cuba directs the publication of the following order: I. The order of April 24, 1899, whereby an extension of two years, terminating on the 1st day of May, 1901, was granted for the collection and enforcement of the obligations therein stated and contracted before the 31st day of December, 1898, is hereby modified as specified in the following articles: II. Except as otherwise prescribed in this order, an extension of two years, terminating on the 1st day of May, 1901, is granted for the collection and enforcement on real estate, or its products, of all obligations, whether or not secured by mortgage, or any other security on real property; provided, that this extension shall not apply to liabilities contracted since the 31st day of December, 1898. III. The said extension shall be for one year only, terminating on the 1st day of May, 1900, on all obligations, whether or not secured by mortgage, where it may be necessary to enforce collection through levy and sale of city real property or of rural property, in a condition of normal production; but creditors may institute suit at law to collect interests due on all obligations, whether or not secured by mortgage, and on censos or ground rents, provided that said interest shall have accrued since the 31st day of December, 1898, and that in case of default of payment collection shall be made on the rents only of said city property, or on the rents or products of rural property in a condition of normal production. IV. At the expiration of the said year of extension creditors shall be at liberty to institute suit to recover principal, interest, and costs due and unpaid on said date or that may thereafter become due, without restriction or limitation of any kind, so far only as city property or the rural property mentioned in the preceding article is concerned. V. Property, either urban or rural, belonging to debtors who may have been declared bankrupt or who may have made assignment for the benefit of creditors shall not be protected from the action of creditors nor included in the benefits of the extension hereby ordered when the proceedings of bankruptcy or assignment for the benefit of creditors shall have been initiated prior to the 16th day of May, 1896. VI. In like manner city or rural property, in regard to which final judgment of judicial sale shall have been rendered prior to the 16th day of May, 1896, either in an ordinary action or in a special executive proceeding, shall not be exempt from the legal action of creditors who, as regards such property, may freely institute suit without restriction or limitation of any kind. VII. In like manner the provisions of the extension granted shall not apply to rural property abandoned by its owners nor to property left uncultivated during the remainder of the present year. Property will be considered thus abandoned in cases wherein the owner shall be absent from the country, without having provided, through the appointment of an attorney, manager, or any other similar agency, for the management and control of his property. VIII. It shall be lawful in all cases for creditors to take such judicial action as the law may entitle them to, so far only as may be necessary to secure their right of priority in regard to the other creditor, through the attachment of the property and the record of such action in the registry books. Said judicial action, however, and the attachment of the property shall not confer on the creditor any right to prosecute his suit otherwise than as prescribed in this order. IX. The provisions of this order shall not apply to those debts for the collection of which the creditors may have obtained the control and administration of the property of the debtor in conformity with the provisions of article 1503 of the law of civil procedure. X. All liabilities for costs, either incurred or which may hereafter be incurred in suits against debtors, shall be collected and enforced under the restrictions and limitations prescribed in this order for the liabilities in which said costs may accrue. XI. In all proceedings against the products or rents of rural property the creditor shall, at the time of filing his claim, present a statement from the alcalde of the municipality in which the property may be situated certifying that said property is in a condition of normal production. The alcalde issuing such certificates shall state therein the facts and grounds on which he bases his conclusions. If the alcalde should not think that the property is in the condition claimed by the creditors, he shall so state in writing. XII. Rural property shall be deemed in a condition of normal production when, besides the fact that its plant and machinery are in good condition, it shall have produced either in rent or products during the agricultural year of 1898 to 1899, more CUBA 1900-VOL I, PT 1- -21 than 50 per cent of the amount of rents or products obtained from the said property in the agricultural year of 1894 to 1895. XIII. The certificate issued by the alcalde under article XI of this order shall not be conclusive evidence of the fact therein stated, and it shall be lawful, therefore, for the debtor to submit his denial of said statements. The issue thus raised shall be tried according to the provisions for special or incidental proceedings in articles 740 et seq. of the law of civil procedure, and the action of the creditor will be stayed until final decision shall be rendered. The burden of proof as to the fact that the production of the property has exceeded the 50 per cent mentioned in article XII of this order shall be on the creditor. The debtor shall submit his denial within ten days after demand of payment shall have been made of him or within ten days after the notice of the order of the judge issuing execution against the rent and products of the property in question. XIV. In the proceedings mentioned in Article XIII of this order no recourse may be had from the decision of the audiencia, which decision shall be final. XV. When city property, on the rents of which the creditor may have a right to enforce the collection of interest as prescribed in Article III of this order, is occupied by the debtor, or by some other person not paying rent, or which may be attached by another creditor without a preferent right, the creditor shall have the right to take such judicial action as the laws may entitle him to, in order so to administer the said property that it may produce adequate rents. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 148. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the following transfers: Ramon Madrigal y Mendicutia, judge of primera instancia of Sancti Spiritus, to the court of Manzanillo; Manuel Fuentes Garcia, judge of primera instancia of Manzanillo, to the court of Sancti Spiritus. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 149. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: Hereafter all persons over 23 years of age may freely contract marriage without soliciting parental advice (consejo paterno). ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 150. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: I. Paragraphs 1 and 3 of article 342 of the penal code are hereby revoked. II. Paragraph 4 of article 467 of the penal code is amended to read as follows: "In all cases provided for in this article, the implied pardon alone shall discontinue the criminal action or remove the penalty, should this have been already imposed upon the culprit." ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. |