No. 305. HEADQUARTERS DIVISION Of Cuba, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: The municipal court of Pipian, at present located in the town of Madruga, shall be reinstated in the ward of Pipian, municipal district of San Nicolas, judicial circuit of Guines, province of Habana. J. B. HICKEY, Assistant Adjutant-General. No. 306a. HEADQUARTERS DIVISION Of Cuba, The military governor of Cuba directs me to announce for the guidance and information of all concerned that Order No. 306, current series, these headquarters, temporarily suspended by Order No. 312, August 10, 1900, has been submitted to a finance commission for modifications, and will not be issued at present. J. B. HICKEY, Assistant Adjutant-General. No. 307. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: I. Hereafter marriages may be civil or religious at the option of the contracting parties. II. Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of the parties, capable in law of making the contract, is essential. III. Religious marriages solemnized as heerin provided shall have the same force and effect as civil marriages. IV. A duly ordained clergyman or minister of any religion may perform the marriage ceremony, provided that the contracting parties may legally contract marriage, and provided that they solemnly declare, in the presence of the clergyman or minister and of the attending witnesses, that they take each other as husband and wife. V. Two witnesses, of age, must be present at the ceremony, and must, together with the officiating clergyman or minister, sign the certificates herein provided for. VI. Before solemnizing a marriage the clergyman or minister must, unless there has been a previous civil marriage, be furnished with the evidence as to the age of the contracting parties, required by article 86 of the civil code, as amended by Order No. 42 of January 26, 1900, a certificate signed by the contracting parties that they are free to contract marriage, having no living husband or wife, and the parental permission, or the dispensation, when necessary, under the provisions of the civil code now in force. VII. The clergyman or minister shall at the time of performing the ceremony, if there has been no previous civil marriage, make a certificate showing: 1. The names, surnames, age, color, occupation, domicile, or residence of the contracting parties. 2. The names, surnames, occupation, domicile, or residence of the parents of the contracting parties, or such part of this information as can be ascertained. 3. The date and place of the performance of the ceremony of marriage and the statement that such marriage was performed, in the presence of the subscribing witness, by the subscribing clergyman or minister, who shall add the name of his church or parish. VIII. The certificate prescribed in the foregoing paragraph shall be filed by the officiating clergyman or minister in the office of the civil register of the municipality where the ceremony was performed, together with the evidence and certificates required by Article VI of this order, within twenty days from the date of the marriage, and a proper record shall thereupon be made on the civil register and a memorandum shall be given the clergyman or minister showing the date of such filing. IX. Any person other than a duly ordained clergyman or minister or the proper civil authority, who shall perform or attempt to perform the ceremony of marriage shall be deemed guilty of a delito and punished by imprisonment for not less than one nor more than five years. X. Any clergyman or minister who, having celebrated a religious marriage as herein provided, where there has been no previous civil marriage, fails to file the certificates and proofs as provided for by Paragraphs VII and VIII of this order, shall be tried, and, if found guilty, fined $100, or imprisoned from thirty to ninety days by the proper judge of his domicile. XI. Any custodian of a civil register who refuses to receive and file and record the certificates and evidences as herein provided for, or who refuses, in a proper case, to give memorandum mentioned in the foregoing paragraph, must state his reasons in writing for such refusal, and may, at the petition of any party interested, be cited before the judge of instruccion of the district, who must immediately order, in a proper case, that the record be made and the memorandum given and the custodian of the civil register will be condemned to pay the costs of the application. XII. Nothing of this order shall affect or modify the provisions of codes, laws, decrees, or orders concerning the method of performing civil marriage. All provisions of codes, laws, decrees, or orders in conflict with this order are hereby repealed and revoked. J. B. HICKEY, Assistant Adjutant-General. No. 308. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: I. On or before the 14th day of August, 1900, the mayor of each municipality shall appoint for each barrio of his municipal district, as a board of registration, three persons and their substitutes, who have the qualifications of electors within the municipal district. II. The mayor must appoint for each such board one member and his substitute proposed by each of the parties locally organized; but if a sufficient number of members or substitutes for any barrio be not proposed, by noon of August 14, 1900, the ayuntamiento shall, at a meeting called specially for this purpose, fill the vacancies without regard to the party affiliations of those selected. III. The period for additional registration fixed by order No. 284, current series from these headquarters, shall be for a period of ten days, instead of six, beginning August 15, 1900. IV. All provisions of Orders Nos. 164 and 284, these headquarters, series of 1900, in conflict with those of this order, are hereby repealed. J. B. HICKEY, Assistant Adjutant-General. No. 309. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: Fernando M. Vidal is hereby appointed as official notary of the military government of the island of Cuba, continuing his present duties until relieved; his present salary to be in lieu of any fees therefrom during this period. J. B. HICKEY, Assistant Adjutant-General. No. 310. HEADQUARTERS, DIVISION OF CUBA, Habana, August 9, 1900. The military governor of Cuba directs the publication of the following order: Paragraphs 15, 23, 27, 65, 67, 71, 75, 86, and 87 of Order 279, series of 1900, Headquarters Division of Cuba, are hereby modified to read as follows: 15. He shall devote his entire time to the duties of his office, and shall receive an annual salary not to exceed $2,400, payable monthly; and before entering upon the discharge of the duties of his office shall give bond, to be approved by the board, for the faithful performance thereof, in the sum of $5,000, which bond shall be deposited with the clerk within ten days from date of election and preserved by him. The director shall report to the council annually, or oftener if required, as to all matters under his supervision; he shall attend all meetings of the council and may take part in its deliberations, subject to its rules, but shall not have the right to vote, except in case of a tie. 23. Conduct of elections.-The elections provided for in paragraphs 11 and 14 shall be conducted by the judges and clerks of the municipal elections and in compliance with the same law or laws covering such elections. 27. First board of education.-Upon receipt of this order, mayors of cities that constitute city districts of the second class shall appoint the six members of the board of education, who shall elect one of their members president of the board. The board so constituted shall be the board of education for such city district of the second class until the election and qualification of the board of education, as provided for in the preceding paragraph. 65. Illegal meetings.-The board of each district shall make such rules and regulations not in conflict with the orders of higher authority as it may deem expedient and necessary for its government, and the government of its appointees and the pupils; and any meeting of a board of education not provided for by its rules or by this order shall be illegal, unless all the members thereof have been notified as provided for in paragraph 34. 67. Rental and use of schoolhouses.-The board of education of any district is empowered to rent suitable schoolrooms, but no lease of schoolroom or building shall be made for a period exceeding two years, the board of education reserving the right to terminate the lease at any time on thirty days' notice. When in the judgment of any board of education it would be for the advantage of the children residing in any school district to hold literary societies, school exhibitions, normal schools or teachers' institutes, the board of education shall authorize the opening of such schoolhouses for the purposes aforesaid, provided such action shall in no wise interfere with the public schools in such district. 71. Evening schools.-In any district, or part thereof, parents or guardians of children of school age may petition the board of education to organize an evening school. The petition shall contain the names of not less than twenty-five youths of school age who will attend such school, and who, for reasons satisfactory to the board, are prevented from attending day school; upon receiving such petition the board of education may provide a suitable room for the evening school and employ a competent person, who holds a regularly issued teacher's certificate, to teach it. Such board may discontinue any such evening school when the average evening attendance for any month falls below 12. 75. School year, week and day.-The school year shall begin on the 1st day of September of each year and close on the 31st day of August of the succeeding year. Schools shall open regularly on the second Monday of September of each year, and the first term shall end on December 24 next following. The second term shall begin January 2 of each year and end on the Friday next preceding Holy Week. The third term shall begin on the first Monday after said Holy Week and end when paragraph 69 has been complied with. The school month shall consist of four school weeks, and the school week shall consist of the five days from Monday to Friday inclusive. The daily school session shall be for five hours, not including recesses, and shall be divided into a morning and afternoon session. 86. Penalty for making fraudulent returns.-An officer through whose hands the enumerations required herein to be returned passes, who by percentage or otherwise adds to or takes from the number actually enumerated, or any enumerator who makes a fraudulent return of statistics shall be deemed guilty of a misdemeanor, and upon conviction of such offense, shall be dismissed, and in addition to dismissal may be fined in any sum not less than $5, nor more than $100. 87. False returns from teachers. Any teacher, principal, or superintendent, who makes a fraudulent return of statistics shall be summarily dismissed and disqualified from again teaching in the public schools of the island, and in addition may be fined in any sum not less than $5, nor more than $100. J. B. HICKEY, Assistant Adjutant-General. No. 311. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: Articles IV, XLVII and XLVIII of Order No. 213, Headquarters Division of Cuba, series 1900, are hereby modified to read as follows: IV. A complaint may be made before any judge of a correctional court, that a person has threatened to commit an offense against the person or property of another. On the receipt of such complaint the judge shall examine the complainant, on oath, together with any witnesses he may produce, and he shall take the declarations in writing and cause them to be subscribed to by the parties making them. If it appears from the declarations that there is just reason to believe that the person so complained of has threatened to commit the offense the judge shall issue a warrant directed to any officer of police, stating the substance of the complaint, and commanding the officer to arrest the person complained of and to bring him before the court. If, upon hearing the testimony of all parties, it appears that there is no just reason to believe that the threat of committing the offense was made, the judge must discharge the person complained of. If, after such hearing, there is just reason to believe that the threat of committing the offense was made, the person complained of may be required to give bond in such sum, not exceeding $500, with one or more sureties, as the judge may direct, to keep the peace toward the people, and particularly toward the complainant. This bond shall be valid and binding for a period of six months, and upon the renewal of the complaint a new bond may be required. XLVII. In all cases of faltas the judge may impose sentence of not more than thirty days' imprisonment, with or without labor, at the discretion of the judge, or not more than $30 fine. XLVIII. In all cases of delito within the jurisdiction of the court, the judge may impose sentence of not more than six months imprisonment, with or without labor, at the discretion of the judge, nor more than $500 fine, but in case of nonpayment of fine, imprisonment shall be imposed at the rate of one day for each dollar not paid, as provided for in Article XLIV (Order No. 213, 1900). J. B. HICKEY, Assistant Adjutant-General. No. 312. HEADQUARTERS DIVISION OF Cura, The military governor of Cuba, upon the recommendation of the Secretary of Finance, directs the publication of the following order: Order 306, current series, Headquarters Division of Cuba, is hereby temporarily suspended. J. B. HICKEY, Assistant Adjutant-General. No. 313. HEADQUARTERS DIVISION Of Cuba, The military governor of Cuba directs the publication of the following order: Civil Order No. 4, Headquarters Department of Habana, dated March 23, 1899, is hereby revoked. The parties interested are hereby notified that the revocation of this order reinstates Bautista Diaz & Co. in their relations to the city of Habana in all that pertains to the Vedado and Carmelo waterworks and dependent claims affected by above-mentioned order. J. B. HICKEY, Assistant Adjutant-General. No. 314. HEADQUARTERS DIVISION OF CUBA, Habana, August 11, 1900. The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: From August 1, 1900, and until further orders, all the expenses of the correctional courts shall be paid by the State. J. B. HICKEY, Assistant Adjutant-General. No. 315. HEADQAURTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: Adriano Silva y Gil, having filed the necessary bond with the treasurer of the island of Cuba, is hereby appointed the disbursing officer for the funds allotted to the Mazorra Insane Asylum. No. 316. J. B. HICKEY, Assistant Adjutant-General. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba, upon the recommendation of the secretary of state and government, directs the publication of the following order: 1. An election will be held throughout the island on September 15, 1900, which is hereby declared a legal holiday, at which there will be elected members of the constitutional convention and their substitutes, as follows: The electors of the province of Santiago de Cuba will elect seven members and their substitutes; the electors of the province of Puerto Principe will elect two members and their substitutes; the electors of the province of Santa Clara will elect seven members and their substitutes; the electors of the province of Matanzas will elect four members and their substitutes; the electors of the province of Habana will elect eight members and their substitutes; the electors of the province of Pinar del Rio will elect three members and their substitutes. The duly elected members of the constitutional convention will meet in the city of Habana at 12 o'clock noon on the first Monday of November, in the year 1900, and will continue in office until the objects of the constitutional convention are accomplished. The following instructions will govern said election and the forms herewith published shall be used in said election. Voters at this election must possess the following qualifications: 1. The voter must be a native male Cuban or the son of a native male Cuban, born while his parents were temporarily residing abroad, or a Spainard included within the provisions of article 9 of the Treaty of Paris who has not made declaration of his decision to preserve his allegiance to the Crown of Spain, as provided in said article. 2. He must be of the age of 21 years or upward on the day preceding the day of election. 3. He must have resided in the municipality in which he intends to vote at least thirty days immediately preceding the first day of registration, and, in addition to the above, he must possess any one of the following qualifications: (a) Ability to read and write; (b) ownership of real or personal property to the value of $250 American gold; (c) service in the Cuban army prior to July 18, 1898, and honorable discharge therefrom, whether a native Cuban or not. DISQUALIFICATIONS. II. No person shall be a qualified voter who is insane or an idiot, or who is a resident in or supported by any public charitable institution, or who is deprived of or suspended from the exercise of his political rights by sentence of a court, except in cases where the conviction is for a crime of a political character. |