No. 420. 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 and transfer: I. University of Habana-School of Medicine: To the chair of chief of clinic C, Jose Ferran; to the chair of chief of laboratory E, Tomas Vicente Coronado. Institute of Matanzas: To be professor of chair D, Emilio Blanchet. An exchange of office is hereby directed between Arturo de Beon, professor of chair C in the Institute of Pinar del Rio, and Maximino Arias, holding a like position in the Institute of Santa Clara. J. B. HICKEY, Assistant Adjutant-General. No. 421. HEADQUARTERS DIVISION Of Cuba, The military governor of Cuba, upon the recommendation of the secretary of finance, directs the publication of the following order: The "gang-plank tax," granted in 1843 to the insane asylum, is hereby abolished. J. B. HICKEY, Assistant Adjutant-General. No. 422. 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. Ambrosio Morales y Martinez, associate justice of the audiencia of Matanzas, is is hereby transferred to a like position in the audiencia of Puerto Principe, vice Pablo Roura Carnesoltas. II. Pablo Roura Carnesoltas, associate justice of the audiencia of Puerto Principe, and actually appointed to a similar office in Pinar del Rio, is hereby transferred to an associate justiceship in the audiencia of Matanzas, vice Ambrosio Morales y Martinez. In consequence thereof, Alfredo Hernandez Huguet will continue in his present office as associate justice of the audiencia of Pinar del Rio. III. The president of the audiencia of Habana will, in whatever manner he may deem best for the good of the service, distribute between the two salas de justicia of said court all the associate justices composing it. IV. In order to avoid any interruption of business in the audiencias, the secretary of justice is hereby authorized to extend or reduce, as he may deem proper, the period within which functionaries appointed and transferred by order No. 366 and this one, are to take possession of their new positions, and the extensions and reductions of said period already decreed at the publication of this order are hereby approved. V. The functionaries transferred by order No. 366 and the present one will continue to draw the pay assigned to the positions they now hold, until they take possession of their new places. VI. So much of Article II of order No. 366 as refers to Jose C. Milanes is hereby modified to read: Jorge C. Milanes. So much of Article III of order No. 366 as refers to Víctor Pichardo is hereby modified to read: Juan Victor Pichardo y Gonzalvez. J. B. HICKEY, Assistant Adjutant-General. No. 423. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of public instruction, directs the publication of the following: In consideration of the faithful and honorable services rendered the University of Habana for more than twenty-five years, the following ex-Professors of said University, Francisco Campos y Riverol, Jose Maria Carbonell, Manuel J. Cañizares, Domingo Fernandez Cubas, Antonio de Gordon y de Acosta, Joaquin F. Lastres, Carlos Donoso y Bardier, and J. de J. Rovira y Barrero, are hereby granted a pension of $100 United States currency per month, beginning with July 1, 1900, and continuing during the military occupation of the island; payments to be made monthly. J. B. HICKEY, Assistant Adjutant-General. No. 424. 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. On and after November 1, 1900, notaries public shall transmit daily to the section of registries and notarial affairs of the department of justice an index or statement of all instruments executed before them during the twenty-four hours following the hour of 5 p. m. of the preceding day. II. Said daily index or statement shall be made in the same manner as the index or statement which the notaries are obliged to forward monthly to the proper audiencias. III. Failure to comply with the provisions of Article I will be punishable with a fine not exceeding $100, United States currency, or by suspension or removal from office. The secretary of justice is hereby authorized to apply the penalty in its different degrees, at his discretion, according to the circumstances of each case. J. B. HICKEY, Assistant Adjutant-General No. 425. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba directs the publication of the following order: I. Maj. B. K. Roberts, Second Artillery, assistant to the inspector-general of the division, is relieved from further duty as paymaster of the engineering department. II. Major Roberts will transfer any funds now to his credit pertaining to the above office to W. C. Strong, who will resume his duties as paymaster. J. B. HICKEY, Assistant Adjutant-General. No. 426. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: I. Maj. E. S. Dudley, judge-advocate of the division, Gaston Mora, and M. J. Manduley, are hereby appointed to constitute a board to consider, examine into, and report upon the numerous petitions for pardon which have been submitted to the military governor. The board will submit its recommendations to the military governor through the secretary of justice. J. B. HICKEY,, Assistant Adjutant-General. No. 427. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order relating to the writ of habeas corpus: WHO MAY PROSECUTE WRIT-WRIT MAY ISSUE ON ANY DAY-PARTIES. I. A person imprisoned or restrained of his liberty within the island of Cuba for any cause or upon any pretence, is entitled, except where he has been committed or is detained by virtue of the judgment of a competent judge or tribunal, to a writ of habeas corpus, as prescribed in this order, for the purpose of inquiring into the cause of the imprisonment or restraint; and, in a case prescribed by law, of delivering him therefrom. A writ of habeas corpus may be issued and served on any day, but it can only be made returnable on a working day. The parties to a case instituted by the writ of habeas corpus may appear by attorney, as in other cases. HOW AND TO WHOM APPLICATION FOR WRIT SHOULD BE MADE. II. Application for the writ must be made by a written petition, signed, either by the person for whose relief it is intended, or by some person in his behalf, to any of the following judges or tribunals, or to the chief justices of associate justices thereof: 1. The judges of instruccion, in cases arising out of the acts of the municipal and correctional judges within the territorial jurisdiction of said judges of instruccion. 2. The audiencias and the sala de lo criminal of the audiencia of Habana in cases arising out of the acts of the judges of instruccion within the territorial jurisdiction of said audiencias and said sala de lo criminal. 3. The supreme court in cases arising out of the acts of the audiencias and the sala de lo criminal of the audiencia of Habana. 4. The judges of instruccion or the audiencias and the sala de lo criminal of the audiencia of Habana, at the option of the petitioner, in cases arising out of the acts of any civil authority or official, or of any corporation, association, or private individual, by which any person has been restrained of his liberty. When an audiencia or the sala de lo criminal of the audiencia of Habana, or the supreme court has jurisdiction, the petition may be presented to its chief justice or any of its associate justices. CONTENTS OF PETITION. III. The petition must be sworn to by the petitioner, who shall be thus identified before a notary public, or the judge, or a member of the tribunal to which the application is made, without cost to such petitioner, and must state in substance: 1. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty; the place of imprisonment or restraint, and the name or description of the officer or person by whom he is imprisoned or restrained. 2. That he has not been committed and is not detained by virtue of any judgment of a judge or tribunal. 3. The cause or pretense of the imprisonment or restraint, according to the best knowledge and belief of the petitioner. 4. If the imprisonment or restraint is by virtue of a mandate, a copy thereof must be annexed to the petition; unless the petition avers, either that by reason of the removal or concealment of the person imprisoned or restrained before the application, a demand of such a copy could not be made, or that such demand was made, and the copy was refused. 5. If the imprisonment of restraint is alleged to be illegal, the petitioner must state in what the alleged illegality consists. If the petitioner should not have knowledge of the facts referred to in Paragraph III, he must so state. WHEN WRIT MUST BE GRANTED PENALTY FOR REFUSING. IV. A judge or tribunal authorized to grant the writ must grant it without delay whenever a petition therefor is presented, as prescribed in this order, unless it appears from the petition itself or the annexed documents that the petitioner is not entitled by law to prosecute the writ. For a violation of this paragraph, a judge, or if the application was made to a tribunal, each member of the tribunal who assents to the violation, shall be jointly and severally responsible to the person imprisoned or restrained in the sum of $100, to be recovered by an action in his name. FORM OF WRIT. V. The writ issued as prescribed in this order must be substantially in the following form, the blanks being properly filled up: The People of the Island of Cuba, to : We command you that you have the body of by you imprisoned or restrained of his liberty, as it is said, together with the time and cause of such impris onment or restraint, by whatsoever name the said is called or charged, before (here insert the name of judge or tribunal) at immediately after the receipt of this writ, to carry out the order of the judge or tribunal then and there to be made, and bring with you this writ. Signed the in the year 19 day of WHEN WRIT SUFFICIENT. VI. The writ shall not be disobeyed for any defect of form, and particularly in either of the following cases: 1. If the person having the custody of the person imprisoned or restrained is designated either by his name or office, if he has one, or by his own name; or if both names are unknown or uncertain by an assumed appellation. Any person upon whom the writ is served is deemed to be the person to whom it is directed, although it is directed to him by a wrong name or description, or to another person, provided that the person imprisoned or restrained of his liberty is in his custody. 2. If the person directed to be produced is designated by name or otherwise described in any way, so as to be known to be the person intended. WHEN WRIT TO ISSUE WITHOUT APPLICATION. VII. Where a judge or a member of a tribunal authorized by this order to grant writs of habeas corpus has evidence that any person is illegally imprisoned or restrained of his liberty within his jurisdiction he must issue a writ of habeas corpus for the relief of that person, although no application therefor has been made. RETURN-ITS CONTENTS. VIII. The person upon whom the writ has been duly served must state plainly and unequivocally in his return— 1. Whether or not he has or at any time whatsoever had in his custody, or under his power or restraint, the person for whose relief the writ was issued. 2. If he so had that person when the writ was served and still has him, he must state fully the authority and true cause of the imprisonment or restraint. If the person is detained by virtue of a mandate, a copy thereof must be annexed to the return, and upon the return of the writ the original must be produced and exhibited to the judge or tribunal. 3. If he so had the person imprisoned or restrained at any time, but has transferred the custody or restraint of him to another, the return must conform to the return required by the second subdivision of this paragraph, except that the substance of the mandate may be given, if the original is no longer in his possession; and that the return must state particularly to whom, at what time, for what cause, and by what authority the transfer was made. The return must be signed by the person making it, and must be sworn to by him in like manner as the petition must be sworn to, and without cost. TIME OF RETURNING WRIT. IX. Where the writ is returnable at a place within 30 kilometers of the place of service, the return must be made and the person imprisoned or restrained must be produced within twenty-four hours after service, and the like time must be allowed for each additional 30 kilometers. BODY OF PERSON IMPRISONED OR RESTRAINED TO BE PRODUCED. X. The person upon whom a writ has been duly served must also bring up the body of the person imprisoned or restrained in his custody, according to the command of the writ, unless he produces with the return a certificate of a physician, sworn to before a notary public, or a judge, or a member of a tribunal, without cost, that the person imprisoned or restrained is so sick that the production of him would endanger his life or his health; but in such case the judge or tribunal may appoint a physician to make an examination and report, and may order the immediate production of the person imprisoned or restrained. PROCEEDINGS ON DISOBEDIENCE OF WRIT. XI. Where a person who has been duly served with the writ refuses or neglects, without sufficient cause shown by him, fully to obey it, the judge or tribunal before whom or which it is made returnable, upon proof of proper service thereof, must immediately issue a warrant of arrest, directed generally to any police officer of the island, commanding such officer immediately to apprehend the delinquent and bring him before the judge or tribunal. Upon the delinquent being so brought an order must be made committing him to jail. The order must direct that he stand committed until he makes return to and obeys the writ. ORDER TO PRODUCE PERSON IMPRISONED OR RESTRAINED. XII. The judge or tribunal may also, in his or its discretion, at the time when the warrant of arrest is issued, or afterwards, issue an order to the police officer to whom the warrant is directed, commanding him to immediately bring before the judge or tribunal the person for whose benefit the writ was granted, who must thereafter remain in the custody of the officer executing the order until discharged, admitted to bail, or remanded, as the judge or tribunal may direct. PROCEEDINGS ON RETURN OF WRIT. XIII. The judge or tribunal before whom or which the person imprisoned or restrained is brought by virtue of the writ issued as prescribed in this order must, immediately after the return of the writ, hear the evidence, examine into the facts alleged in the return, and into the cause of the imprisonment or restraint of the person imprisoned or restrained, and must make an order to discharge him therefrom if no legal cause for the imprisonment or restraint or for the continuation thereof is shown. WHEN PERSON IMPRISONED OR RESTRAINED TO BE REMANDED. XIV. The judge or tribunal must immediately make an order to remand the person imprisoned or restrained, if it appears that he is detained in custody by virtue of the judgment of a competent judge or tribunal and that the time for which he may legally be so detained has not expired. PROCEEDINGS ON IRREGULAR COMMITMENT. XV. If it appears that the person imprisoned or restrained has been legally committed for a criminal offense, or if he appears by the testimony offered with the return, or upon the hearing thereof, to be guilty of such an offense, although the commitment is irregular, the judge or tribunal before whom or which he is brought must immediately make an order to discharge him upon his giving bail, if the case is bailable, or if it is not bailable, to remand him. BAIL, WHEN AND HOW ORDERED. XVI. If upon the return to a writ issued as prescribed in this order it appears that the person imprisoned or detained is entitled to be bailed, the judge or tribunal must make an order, fixing the sum in which he is to be admitted to bail, and directing his discharge upon bail being given accordingly, as required by law. If sufficient bail is immediately offered, the judge or tribunal must take it, otherwise bail may be given afterwards to the judge or tribunal who or which originally committed the person imprisoned or restrained. |