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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.
WHEN PERSON IMPRISONED OR RESTRAINED MAY BE COMMITTED TO ANOTHER OFFICER.
XVII. Where a person imprisoned or restrained is not entitled to his discharge and is not bailed, he must be remanded to the custody or placed under the restraint from which he was taken, unless the person in whose custody or under whose restraint he was is not legally entitled thereto; in which case the order remanding him must commit him to the custody of the officer or person so entitled.
CUSTODY OF PERSON IMPRISONED OR RESTRAINED PENDING PROCEEDINGS.
XVIII. Pending the proceedings on habeas corpus the judge or tribunal before whom or which the person imprisoned or restrained is brought may either commit him to the custody of the keeper of the jail where the proceedings are pending, or place him in such care or custody as his age and other circumstances require.
NOTICE TO BE GIVEN BEFORE DISCHARGING PERSON IMPRISONED OR RESTRAINED.
XIX. Where it appears from the return that the person imprisoned or restrained is in custody by virtue of a mandate, notice of the hearing must be given to the representative of the fiscal of the tribunal in which the case is pending.
PERSON IMPRISONED OR RESTRAINED MAY CONTROVERT RETURN.
XX. A person imprisoned or restrained, produced upon the return of a writ, may give testimony under oath, showing either that his imprisonment or detention is illegal, or that he is entitled to his discharge. The judge or tribunal must then proceed in a summary way to hear the evidence produced in support of or against the imprisonment or detention, and to dispose of the person imprisoned or restrained as the justice of the case requires. In the course of such hearing the judge or tribunal may examine the person imprisoned or restrained and any other witnesses whom in his or its judgment it may be desirable to hear, and for this purpose an adjournment may be taken, not exceeding three days, except on the petition of the person imprisoned or restrained.
PROCEEDINGS ON SICKNESS OF PERSON IMPRISONED OR RESTRAINED.
XXI. In case of the sickness referred to in Paragraph X of this order, if the return be in the proper form, and if the judge or tribunal accepts the truthfulness of the physician's certificate, the application shall be decided as if the person imprisoned or restrained were present, but the representative of such person shall be heard in his behalf without the necessity of any express power being granted.
OBEDIENCE TO ORDER TO DISCHARGE, HOW ENFORCED.
XXII. Obedience to an order to discharge a person imprisoned or restrained may be enforced by the tribunal which or the judge who made the same, by warrant of arrest, with like effect as in case of a neglect to make a return to a writ of habeas corpus. A person guilty of such disobedience shall forfeit to the person imprisoned or restrained $100, to be recovered by an action in his name.
WHEN DISCHARGE A BAR TO REIMPRISONMENT.
XXIII. A person imprisoned or restrained who has been discharged by an order made upon a writ of habeas corpus shall not be again imprisoned, restrained, or kept in custody for the same cause. But it is not deemed to be the same cause in either of the following cases:
1. Where he has been discharged from a commitment on a criminal charge and
is afterwards committed for the same offense by the legal mandate or other order of the tribunal wherein he was required by bail bond to appear, or in which he has been convicted for the same offense.
2. Where he has been discharged in a criminal case for defect of proof, or for defect in the commitment, and is afterwards arrested on sufficient proof and committed by a legal mandate for the same offense.
VIOLATION OF LAST PARAGRAPH.
XXIV. If a member of a tribunal, or judge, or any other person, in any manner, knowingly violates, causes to be violated, or assists in the violation of the last paragraph, he, or, if the act or omission was that of a tribunal, each member of the tribunal assenting thereto, shall be jointly and severally liable to the person imprisoned or restrained in the sum of $100, to be recovered by an action in his name.
TRANSFER OR CONCEALMENT OF PERSON IMPRISONED OR RESTRAINED TO ELUDE WRIT.
XXV. Anyone having in his custody or under his power a person entitled to a writ of habeas corpus, or a person for whose relief a writ has been duly issued, who, with intent to elude the service of the writ, or to avoid the effect thereof, transfers the person imprisoned or restrained to the custody or places him under the power of another, or conceals him, or changes the place of his confinement, shall be criminally responsible for the offense committed, in addition to the pecuniary liability provided for in the preceding paragraph, and a person who knowingly assists therein shall be equally liable.
ORDER WHEN PERSON RESTRAINED ABOUT TO BE CARRIED OUT OF ISLAND.
XXVI. Where it appears by proof satisfactory to a member of a tribunal or judge authorized to grant the writ that a person is held in illegal confinement or custody, and that there is good reason to believe that he will be carried out of the island, the member of the tribunal or judge must immediately make an order to prevent it, directed to any officer or person, and commanding him to take and immediately bring before the tribunal or judge the person restrained, to be dealt with according to law.
In this case, if the person who deprived the other of his liberty be present, he will be notified of the order made, which will have all the effects of a writ of habeas corpus so far as he is concerned, and he shall immediately make return.
ARREST OF THE PERSON DETAINING THE PERSON RESTRAINED.
XXVII. Where the facts mentioned in the last paragraph are also sufficient to justify an arrest of the person having the person restrained in his custody, as for a criminal offense committed in taking or detaining him, the order must also contain a direction to arrest that person for the offense, bringing the person arrested before the proper judge or tribunal.
PROCEEDING WHERE A WRIT IS REFUSED BY JUDGE OF INSTRUCCIÓN.
XXVIII. In cases where judges of instrucción have jurisdiction to grant writs of habeas corpus and refuse to do so, the petitioner may apply to the chief justice or any associate justice of the audiencia of the district, or, in a proper case, to the sala de lo criminal of the audiencia of Habana, setting forth on oath the fact of the refusal of the judge of instrucción.
WHEN SUBSEQUENT WRIT MAY ISSUE.
XXIX. But one petition for habeas corpus can be made for the same imprisonment or deprivation of liberty, unless new facts are alleged which destroy the reasons which justified the former decision, which new facts must be stated on oath in the petition, and their sufficiency will be judged by the judge or associate justice to whom it is issued. The person on whom a writ is served shall state in his return whether a previous writ has been issued for the same imprisonment or restraint; and if there has been a previous writ, the judge or tribunal shall summarily dismiss the application, except in the cases herein provided for.
PENALTY FOR REFUSING COPY OF PROCESS.
XXX. Any person who detains anyone by virtue of any written authority must deliver a copy thereof to the person arrested or restrained or to any person who applies therefor for the purpose of obtaining a writ of habeas corpus in behalf of the person imprisoned or restrained. If he refuses to do so, he forfeits $100 to the person imprisoned or restrained, to be recovered by an action in his name.
XXXI. All laws, orders, decrees, or parts thereof existing in the island of Cuba which conflict with the provisions of this order are hereby repealed.
WHEN THIS ORDER TAKES EFFECT.
XXXII. The provisions of this order shall go into effect December 1, 1900.
CORRECTIONAL OR POLICE COURTS.
Correctional courts have been established in all of the larger cities of the island. The procedure is oral and summary, very similar to the procedure of the police courts in the United States. The judge has jurisdiction to impose a fine of $30 or thirty days' imprisonment or both. If in his opinion the offense is one which demands a more severe punishment, the law provides for the impaneling of a jury of five members in a manner very similar to that employed in the courts of the United States. Upon the finding of guilty by this jury a sentence of one hundred and eighty days' imprisonment and a fine not to exceed $500 or both can be imposed.
The value of the correctional courts has been clearly demonstrated and their work appreciated. Much of the work formerly thrown upon the audiencias is now disposed of by these courts, to the great relief of the audiencias and to the benefit of administration of justice and the protection of the rights of persons held for trial, who, under the old system, were generally held for months waiting trial, frequently on trivial charges, only to be finally released for want of evidence. The conditions growing out of the old methods of procedure were shocking and indicated an absolute disregard for personal liberty and a reasonable consideration of the rights of those accused. Whether a case against a prisoner was disposed of in a day or a year was a matter of trivial importance and one in no way worthy of serious consideration or special effort. The administration of justice slept, and the rights of people to be tried with reasonable promptness and to be secured to as great an extent as possible in their personal liberty were not permitted to enter into the consideration of those in power to such an extent as to cause any serious interruption in the programme of delay and, I regret to say, sometimes also of neglect and inattention to duty. There were bright exceptions to the general rule, but they were not nearly so numerous as they might have been. The weakest portion of the entire government has been in its courts, and unless this weakness can be thoroughly corrected and the correction vigorously maintained, no free government can exist in this island. Too much stress can not be laid on this point, as it is of vital importance.
Conditions now existing in the administration of justice are much better than they were, but is difficulty to change in a day methods generations old. Public opinion must support-and I believe it will
the good men who are coming to the front, anxious to correct old conditions and do work creditable to the coming government of Cuba.
The police court, presided over by Maj. W. L. Pitcher, Eighth Infantry, rendered good and efficient service in Habana and became a terror to evil doers. Major Pitcher was relieved in order to accompany his regiment. The following civil order was published relative to Major Pitcher's work in connection with the court and supervision of police of the city. He was succeeded by Maj. L. V. Caziarc, Second Artillery, whose faithful and able services with the police and detective force have done much to maintain their efficiency.
HEADQUARTERS DIVISION OF CUBA,
The military governor of Cuba directs the publication of the following: Maj. W. L. Pitcher, Eighth Infantry, supervisor of police and provost-marshal of Habana, having been relieved, at his own request, to join his regiment leaving Cuba, the military governor desires to commend in a very high degree the many and eminent services rendered by Major Pitcher during the past fourteen months to the military government and to the city of Habana, which services have contributed in a very large extent to the establishment of justice, the efficiency of the police, and the maintenance of peace and order in this city of over 230,000 inhabitants, and the military governor regrets the necessity of Major Pitcher's separation from his staff. J. B. HICKEY, Assistant Adjutant-General.
DEPARTMENT OF AGRICULTURE, COMMERCE, AND INDUSTRIES.
This department is yet in its infancy. It was separated from that of public works and reorganized as a separate department.
Cuba is essentially an agricultural country and derives her welfare principally from the soil. Her lands are fertile to a wonderful degree, and as yet her resources have been only partially developed. In the future it is believed that this department will become one of the most important of the insular government and that under its supervision will be established various agricultural stations for experimental work and observation. The department was at first under charge of Gen. Rius Rivera, who took up its organization with energy and devoted much time to establishing it upon a sound basis. In addition to the purely agricultural work, it includes commerce and industries, including patents and trade-marks. This department has also under its supervision mines, forests, and fisheries, and is charged with protecting the government's interests in these departments, work which has hitherto been extremely difficult for want of complete surveys of gov ernment lands and forests and also for want of proper boats for patrolling the coast and enforcing the fishery laws.
Sr. Rivera resigned on May 1, 1900, and Sr. Perfecto Lacoste was appointed as secretary of this department. Secretary Lacoste is president of the planters' association and has always been interested in the development of the agricultural interests of Cuba, and no man better qualified for this position could have been found. He is a citizen of the United States, a graduate of the University of Pennsylvania, and was particularly well qualified to take up the work. His labors in this department have been unremitting, and much valuable data has been gathered. The agricultural interests were encouraged and stimulated by the appointment of one so closely identified with them.
Among the more important works performed by this department have been the establishment of definite rules and regulations regarding patents, certain important orders concerning fisheries, and a systematic supervision of public forests. In addition to the routine work of the department, Secretary Lacoste has made a careful study of the conditions in certain portions of the island, i. e., in the districts of Sancti Spiritus, Trinidad, and the province of Puerto Principe and the country about Holguin and Victoria de las Tunas, where he found that the reconstruction is far behind that in other portions of the island. These regions were principally devoted in former times to grazing and the raising of cattle. The war left the people in these sections without means to purchase them, and in order to facilitate the development of this old industry and do all possible toward its reestablishment Secretary Lacoste was directed to make arrangements to purchase cattle and horses for sale to poor people in these districts, the sale to be made at actual cost to the Government, and the purchaser, if unable to pay for his stock on delivery, was to be allowed to give a note, secured both on the cattle and on his land, and bearing interest at 4 per cent, payable in three years, or before if desired by him. An agent was sent to Mexico for cattle, it being impracticable to bring them from those regions wherein cattle are nonimmune to Texas fever. Extremely favorable arrangements were made and $100,000 worth of cows selected and shipped to Cuba and distributed to the people of these regions. No man was allowed to purchase more than five cows, and the number actually purchased was usually from three to five. These cattle were large and of excellent quality-large enough, in fact, to be worked in breaking up small tracts of land. The contract called for payment on delivery in Cuba-so much per head-the seller bearing all risk and expenses of shipment. These cattle were received in Cuba at a cost of $29 per head. Ten thousand dollars' worth of mares were also purchased and landed at a cost of $23 per head. The prices for both cows and mares are fully from 30 to 50 per cent lower than prices made by private parties. This assistance of the Government has been a great encouragement to these poor people and furnished them with means for making a definite start.
In addition to the above, large amounts of agricultural implements have been purchased and distributed-plows, hoes, machetes, and axes. Both the live stock and the implements have been distributed by committees composed of the best citizens of the districts. The effect has been excellent both in the way of giving the people renewed hope and courage and in showing to them that the Government was making every effort in their behalf. So successful was this entire transaction that various planters are anxious that the Government should ship in cattle, even if it should sell at some slight advance over the prices above mentioned. This of course can not well be done, but is the intention to import more cattle and also a few shiploads of horses to be distributed in the same manner as those already imported.
The planters and small farmers of Cuba are an honest, warm-hearted, worthy class of people. They have suffered untold hardships during the series of wars. Their estates have been burned and reburned, and to-day there is no class in Cuba more appreciative of the conditions of good order and protection of life and property which exist in the island. These are the real Cuban people, and they are not engaged in politics, nor has their opinion yet been expressed.