No. 395. 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. Full pardon of the unexpired time of sentence of twelve years and one day of reclusion temporal, imposed for the crime of homicide by the audiencia of Santa Clara on January 27, 1900, is hereby granted to Victoriano Romero Valdes, at present in the carcel of Santa Clara. II. Full pardon of the unexpired time of sentence of two years four months and one day of presidio correccional, imposed for the crime of homicide by the audiencia of Habana April 5, 1900, is hereby granted to Rosendo Cardoso. III. Without any appeal therefrom the department of justice will decide all matters of doubt that may arise in the enforcement of this order. J. B. HICKEY, Assistant Adjutant-General. No. 396. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba directs the publication of the following order, which will govern in matters pertaining to the questions of quarantine in all ports of entry of the island of Cuba: I. Pilots on boarding vessels to conduct them into the harbor shall proceed immediately to the pilot deck and remain there. II. They shall immediately direct the yellow flag to be hoisted as a signal for inspection, whether the vessel has sickness on board or not. III. Pilots shall remain upon the vessel until permitted to go ashore, and no person shall be allowed to come on board or leave the vessel until after the completion of inspection and lowering of the quarantine flag. IV. The hours for the inspection of vessels shall be from sunrise to sunset, except for vessels in distress. V. Upon the arrival of a vessel, the crew shall be mustered upon deck for inspection, and the number verified as given upon the crew list and bills of health. Cabin passengers shall also be inspected and the number verified, if from suspected or infected ports; and a careful inspection and verification of steerage passengers shall always be made. VI. In suspicious cases occurring among the passengers or crew the clinical thermometer shall be used, and particular care is enjoined in vessels coming from ports or countries suspected of plague. Cases of pneumonia occuring en route must be carefully scrutinized; and, when deemed necessary, also the cervical axillary and inguinal regions examined for glandular enlargement, in order to exclude this disease. VII. The written certificates of medical officers of the Navy and United States Army transport service may be accepted as to the sanitary condition of their vessel, passengers, and crew. VIII. All vessels, whether foreign or coastwise, shall be subject to inspection throughout the year. BILLS OF HEALTH. IX. Bills of health shall be required and issued in every instance upon the consular or supplemental forms for foreign or coastwise ports in accordance with the quarantine laws and regulations. X. When vessels expect to depart during the night or early morning the bill of health must be applied for the previous afternoon, during the customs-office hours. The final inspection of the vessel, passengers, and crew shall be made during daylight as late as possible before sailing, and no further communication allowed with the vessel except by permission of the quarantine officer. XI. The official dispatch boats, acting under the direct orders of the military governor, and vessels of the customs service, are exempt from inspection and necessity of obtaining bills of health. In case, however, sickness occurs on board of said vessels, it shall be immediately reported to the quarantine officer. XII. In ports where a quarantinable disease prevails, certificates of health shall be required of all passengers before being allowed to board a vessel, and their baggage shall be labeled "Inspected and passed" or "Disinfected and passed," as may be required. XIII. The treatment of passengers, vessel, and crew shall be noted briefly under the head of "Remarks" upon the bills of health; time of day the vessels depart; partial or complete disinfection; methods employed; if disinfection is vitiated by after communication with shore, or other pertinent facts, and the same signed by the inspecting officer. XIV. In any doubtful diagnosis or infractions of the quarantine rules and regulations the vessel shall be detained in quarantine and the facts immediately telegraphed to the chief quarantine officer for instructions. J. B. HICKEY, Assistant Adjutant-General. No. 397. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of public instruction, directs me to announce the following appointments: UNIVERSITY OF HABANA. School of Pedagogy: To be professor of chair B, Manuel Valdes Rodriguez; to be assistant professor, Bruno Valdes Miranda. School of Medicine: To be chief of clinic, A. Manuel Lavin. Institute of Pinar del Rio: To be professor of chair B, Oscar A. Fernandez; to be professor of chair C, Arturo de Beon; to be professor of chair E, Pedro Marquez; to be professor of chair F, Carlos de Pedroso y Scull; to be professor of chair Ĝ, Juan S. Michelena. Institute of Habana: To be professor of chair A, Jose A. Rodriguez y Garcia. Institute of Matanzas: To pe professor of chair C, Bernardo Bordenave; to be professor of chair E, Claudio Dumas. Institute of Santa Clara: To be professor of chair B, Frank Agramonte; to be professor of chair C, Maximino Arias. Institute of Puerto Principe: To be professor of chair B, Bernardo J. Junco; to be professor of chair C, Juan Alcalde y Toni. Institute of Santiago de Cuba: To be professor of chair A, Faustino Marcer; to be professor of chair B, Ricardo J. Navarro; to be professor of chair C, Federico Rey y Brouchet; to be professor of chair D, Luis Garriga y Prieto; to be professor of chair H, Ignacio Santa Cruz Pacheco. J. B. HICKEY, Assistant Adjutant-General. No. 398. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of public instruction, directs the publication of the following order: Hector de Saavedra is hereby confirmed in his office as secretary of the Institute of Habana, to date from October 1, 1900, without having to fill any chair in said institute. He shall be paid the salary of $1,500 per annum, United States currency. J. B. HICKEY, Assistant Adjutant-General. No. 399. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs me to announce the following appointments: 1. Miguel Cespedes y Coffigny is hereby appointed fiscal of the audiencia of Santa Clara. He will proceed to take charge of his office with the least practicable delay. II. Juan Perez Cisneros, deputy clerk of the audiencia of Santiago de Cuba, is hereby appointed judge of primera instancia é instrucción of Baracoa, vice Edgardo Diaz Pujol, deceased. J. B. HICKEY, Assistant Adjutant-General. DEPARTMENT OF JUSTICE OF THE ISLAND OF CUBA, SIR: For some time past the wholesale merchants have been complaining of the facility with which not a few of the retailers obtain from them money or merchandise on credit, promising to pay within a week, month, or longer period, and when the time for payment comes the creditors find that they have been imposed upon, because the debtors have fraudulently transferred their business to a third party, whose complicity can not be proved and who, according to our laws, is not responsible for debts contracted for the business by the party making the transfer. This has interfered considerably with the credit of the retailer throughout the island, to the serious detriment of the merchants belonging to said respectable class, who act in good faith and who constitute an immense majority. On the other hand, foreign commerce, European as well as American, in its desire to extend business relations to this island, and believing that the necessity of reconstructing the country and the natural wealth of the same will prove favorable to that purpose, a fact which augurs well for the immediate future of our agriculture and industry, is disposed to establish business relations of all kinds with our higher class of merchants. This movement, so beneficial to the general prosperity of the country, must be aided and pushed by means of the credit given to our merchants and manufacturers in general; and that credit will depend largely upon the data and references each one in particular may be able to furnish regarding his respective business. In order, therefore, to guarantee and to give natural development to the credit which is so important and necessary to commerce and industry, I have the honor to recommend to the military government the following order. Yours, respectfully, The MILITARY GOVERNOR OF CUBA. MIGUEL GENER, Secretary. No. 400. 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. Hereafter all merchants or manufacturers, proprietors of wholesale and retail establishments in any branch of commerce or manufacture, must register them in the mercantile register. The rating of the merchant or manufacturer, or proprietor of an establishment, can not be proved without the certificate of inscription. II. All sales, assignments, leases, or transfers that may be made of said establishments must also be registered. III. For the registration of said merchants or manufacturers, or of their establishments, an application signed by the interested person or by any other person at his request, will suffice, the same to be attested by a notary public, and the circumstances provided for in article 28 of the regulations of the mercantile register shall be expressed therein under oath, and, if he so desires, also the capital which is invested or to be invested, or the value of his business as a merchant, or of his establishment, all according to the estimate given by the interested party himself. Notaries shall not charge more than 50 cents, United States money, for each application attested by them. IV. For failure to register within the eight days following the commencement of his business or the opening of his establishment, the merchant or manufacturer will be fined $25, United States money. V. No sale, assignment, transfer, or lease shall prejudice a third party, as long as its inscription does not appear in the register, and even after its inscription the party acquiring the business shall always be responsible for the salaries due the clerks at the time the transfer of the establishment was made. VI. Any merchant or manufacturer registered in the mercantile register who is a creditor of an establishment through holding a promissory note, bill, or receipt signed by the party having said establishment registered in his name, and said debt be contracted through money loaned or goods furnished or service rendered to the establishment, may record his credit in the register by presenting the document proving the debt and by affirming and swearing to the authenticity of the signature of the debtor. The registration will be entered in the corresponding registry book, signed by the creditor, in which his sworn statement will be noted and the claim copied in its entirety. Should there exist any public document relating to said debt executed by the debtor the personal intervention of the creditor will not be necessary, nor his sworn statement, nor the copy of his claim in its entirety, as in that case only the essential abstract will be recorded. VII. When the establishment regarding which a debt is to be registered is in a different location from that in which the debt was contracted, the creditor may go to the mercantile register in which he is inscribed as a merchant with a literal copy, signed by him, of the document proving the indebtedness, and under oath he shall certify to the authenticity of the indebtedness and the signature of the debtor on the original document. At the foot of the copy the registrar shall record the correctness thereof, the identity of the subscribing creditor, that he is registered as a merchant, his commercial residence, and the oath taken by him. After said note is written it shall be authorized with the signature of the registrar and the seal of the registry shall be placed thereon, and the aforesaid copy shall be returned to the creditor, who shall thereby be enabled to secure the registration of the debt in the registry of the district wherein the establishment of the debtor is situated. The registrar shall also make a like statement in the original document, which shall again be delivered to the creditor, together with the necessary references to the copy issued of said document. Another copy shall remain with the creditor. VIII. There shall also be recorded in the registry the attachments which by means of duplicate warrants the courts may direct should be registered, and the registrar shall keep one of the copies of said warrant. IX. Whenever the inscription of a credit or the record of an attachment should have to be made on any establishment, and it appears that this establishment is not recorded in the name of the debtor, the said inscription or record may be made preventively and under the responsibility of the person who makes the request, and said person shall be bound to show within the eight days next following the date of the preventive inscription, a certificate wherein it shall be stated that on the date of the inscription or record the license of the establishment was issued in the name of the debtor. Should the latter show the same, the inscription or record made preventively shall be thereafter held as definite, and this fact shall be recorded in a new entry. The registrar shall keep the certificate filed as his voucher for his protection. If, on the contrary, said certificate should not be submitted, the preventive inscription or record shall be held by right null and void, and it shall be canceled in a new entry by the registrar. X. Whoever acquires, by virtue of any title whatsoever, a commercial or industrial establishment shall be jointly and severally liable with the party who made the transfer for all the debts that shall have been registered or attachments that shall have been recorded on said establishment until the time when said transfer was recorded or registered. XI. To cancel the inscription that shall have been made of any credit whatsoever it shall suffice that the creditor who requested said inscription ask for said cancellation; for this purpose an entry to that effect and signed by the creditor shall be made in the same book of registry. XII. After registration of any credit the document used for that purpose shall be returned to the creditor, and in said document the registrar shall state that it has been registered. The creditor must not part with said document unless he secures the necessary guarantee for protection in case the debtor were to deny later the authenticity of the indebtedness and of the document used for the inscription and claim of him the responsibilities that might arise for perjury and losses and damages. XIII. The debtor may also secure the cancellation of the inscription by delivering to the registrar the original document used for said inscription, which document shall remain in possession of the latter as a voucher. XIV. Whoever transfers, under any title whatsoever, a mercantile industrial establishment shall do so by means of a document, wherein he shall give, under oath, an itemized statement of the debts of the establishment, or state that it has none. Should there appear subsequently any debt not mentioned in the document, the party who made the transfer shall be subject to the penalty set forth for perjury, in addition to the civil liability for losses and damages. XV. All sales, assignments, transfers, and leases which do not appear in a written contract shall make the transferer and transferee responsible for the payment of the debts. XVI. Whoever should register a debt which afterwards appears not to be authentic, or submits for the inscription thereof a document with a signature attributed to the debtor and which proves to be false, shall incur the penalty for perjury and also the civil liability for losses and damages. XVII. The inscriptions, records, and cancellation shall be made on the same day on which the documents originating the same are submitted. XVIII. The provisions of this order shall apply to all titles of industrial property, patents, and trade-marks, which to this effect shall be considered as industrial establishments. XIX. The fines directed to be imposed in this order shall be paid to the proper offices of finance. All registrars shall be bound to advise said offices of the eases in which said fines may have been incurred, whenever said registrars are acquainted with the facts by reason of their functions. XX. The same date they are asked for the registrars shall issue abstract or verbatim certificates of what appears in the registry, and shall state in same to whom they are issued. XXI. In the most conspicuous place in the building where the registry is established there shall be a bulletin board, upon which shall be posted daily a list of the inscriptions, records, and cancellations made during the day. Each daily list shall remain posted on the bulletin board during eight days. XXII. Mercantile registrars shall not collect more than $1, United States money, for each inscription, record, cancellation, or entry of any kind which they may make relating to merchants or to commercial or industrial establishments, wholesale or retail, and the same amount shall be charged for each abstract certificate or denial which they may issue, including as such the copies which they may authorize and referred to in Article VII of this order. If the certificates be verbatim, the registrars shall collect an extra 10 cents, United States money, for each entry inserted therein with the exception of the first. XXIII. Registrars shall forward monthly to the section of registries of the department of justice a statement of the entries of all kinds which they may have made during the month, as well as of the certificates issued and of the fees collected for each item. TRANSITORY PROVISIONS. 1. The entire month of November, 1900, is granted for the inscription of the merchants referred to in this order, establishments or titles of industrial properties, patents, and trade-marks. The person who fails to comply with the inscription within the above-mentioned term shall be fined $25, United States money. 2. Registrars shall keep a special index of all the entries relating to wholesale or retail mercantile or industrial establishments. 3. The registries as established in this order shall begin to operate on the 1st of November next. 4. Until the department of justice appoints the mercantile registrars who are to take charge of the registries these shall continue temporarily in charge of the registrars of property in the capitals of the provinces that have them at present, in so far as the books belonging to merchants and companies are concerned, but they shall confine themselves to the territory over which their jurisdiction extends as such registrars of property. All other registrars of property shall take charge of mercantile registries in regard to the said two books within the district over which their jurisdiction extends; for this purpose they shall forthwith proceed to open the two books referred to. The third book, the one for the inscription of vessels, shall continue in charge, also temporarily, of the registrars of property who at present keep the same. The registrars of the capitals of provinces shall forward within twenty days to all other registrars of provinces a certificate of all the entries of the two books mentioned relating to partnerships and merchants established within the territory corresponding to each one of the last, respectively, in order that said registrars may be able to insert said entries in the new books which they have to open. None of aforesaid registrars shall collect fees for the above-mentioned certificates and entries, which must be made as a duty pertaining to the office (de oficio). J. B. HICKEY, Assisiant Adjutant-General. |