He will inform the lieutenant-governor as to the necessities of the prefecture; will divide these into as many subprefectures as he may consider necessary for the good conduct of his administration; he will watch the conduct of the subprefects; he will distribute among them with equity the articles delivered to him, and he will have all the other powers incident to him in his character of intermediary between the lieutenant-governor and the subprefects.

ART. XIX. The prefect will also have the following duties: He will harass the enemy whenever possible for him to do so; will hear the preliminary information as to crimes and misdemeanors which may be committed in his territory, passing the said information to the nearest military chief, together with the accused and all that is necessary for the better understanding of the hearing. He will not proceed thus with spies, guides, couriers, and others who are declared by our laws as traitors and considered as such, for these, on account of the difficulty of confining them or conducting them with security, shall be tried as soon as captured by a court consisting of three persons, the most capable in his judgment in the prefecture, one acting as president and the others as members of the court. He will also appoint a prosecuting officer, and the accused may appoint some one to defend him at his pleasure.

After the court is assembled in this form, and after all the formalities are complied with, it will in private judge and give its sentence, which will be final and without appeal; but those who form the said court and who do not proceed according to our laws and to natural reason will be held responsible by the superior government. Nevertheless, if in the immediate territory there be any armed force, the accused shall be sent to it with the facts in order that they shall be properly tried.

The prefects will take the statistics of his prefecture, setting down every person who is found therein, noting if he is the head of a family, the number of the same, his age, his nationality and occupation, if he is a farmer the nature of his farm, and if he has no occupation the prefect will indicate in what he should be employed. He will also keep a book of civil register in which he will set down the births, deaths, and marriages which may occur.

He will establish in the prefecture all the factories that he can or may consider necessary in order to well provide the army, as it is the primary obligation of all employees of the Republic to do all possible so that the hides shall not be lost, and organizing in the best manner, and as quickly as may be, tanneries, factories of shoes, rope, blankets, and carpenter and blacksmith shops.

He will not permit any individual of his district to be without occupation. He will see that everyone works, having the instruments of labor at hand in proportion to the inhabitants of his territory. He will protect and raise bees, he will take care of abandoned farms, and will extend as far as possible the zones of agriculture. As soon as the prefect learns that the secretary of the interior or any delegate of this authority is in his district he will place himself under the latter's orders. This he will also do on the arrival of armed forces, presenting himself to their chief in order to facilitate the needed supplies and to serve him in every possible manner. He will have a bugle to warn the inhabitants of the enemy's approach; he will inform the nearest armed force when his territory is invaded. He will collect all horses and other animals suitable for the war and lead them to a secure place, so that when the army may need them or they may be required by the civil authorities to whom they may appertain.

He will provide the forces that may be, or pass through his territory with whatever they may need, which may be within his power, and especially shall he provide guides and beeves and vegetables which the chief may require to maintain the said forces. He will also deliver the articles manufactured in the shops under his immediate inspection, demanding always the proper receipts therefor.

He will also provide the necessary means for the maintenance of all the families of the territory, especially those of the soldiers of the army of liberation.

Until otherwise decreed he will celebrate civil marriages and other contracts entered into by the residents of his prefecture; he will act in cases of ordinary complaints and in the execution of powers and wills, registering the same in a clear and definite manner, and issuing to the interested parties the certificates which they may require.

ART. XX. The subprefects will see that the laws and orders communicated to him by his superior authorities are obeyed in territory under his command; he will inform the prefect as to the necessities of the subprefecture and will see to the security and order of the public; arresting and sending to the prefects those who may travel without safe-conduct, seeing that no violation of law whatsoever is perpetrated, and will demand the signed authority of the civil or military chief who has ordered a commission to be executed.

ART. XXI. The subprefects will compile a census in which the number of inhabitants of a subprefecture will be stated and their personal description; he will keep a book of the births and deaths which will occur in his territory, and of all this he will give account at the end of the year. He will invest the means provided by the prefect to pay the public charges, and if the said resources are insufficient he will

S. Doc. 231, pt 7—9

collect the deficit from the inhabitants; he will not authorize the destruction of abandoned farms, whether they belong to friends or enemies of the Republic, and he will inform the prefect of the farms which are thus abandoned.

ART. XXII. For the organization and better operation of the states manufactories a chief of factories shall be appointed in each district, who will be authorized to establish such factories which he may deem convenient, employing all citizens who, on account of their abilities can serve, and collecting in the prefectures of his district all the instruments he can utilize in his work. These chiefs will be careful to frequently inspect the factories, to report any defects which they may notice, and to provide the superintendents with whatever they may need, that the work may not be interrupted.

Together with the prefect he will send to the department of the interior the names of the individuals he considers most adapted to open new shops, and on the first day of each month he will send to that department a statement of the objects manufactured in each shop of his district, indicating the place of manufacture, what remains on deposit, what has been delivered, with the names of commanders of forces, civil authorities, or individuals to whom they were delivered.

ART. XXIII. The coast inspectors will have under their immediate orders au inspector, who will be his secretary, who will occupy his place in his absence or sickness, and as many auxiliaries as he may deem convenient. He may demand the aid of the prefects and armed forces whenever he may consider it necessary for the becter exercise of his functions. The duties of the inspectors will be to watch the coasts and prevent the landing of the enemy, to be always ready to receive disembarkments and place in safety the expeditions which may come from abroad, to establish all the salt works possible, to capture the Spanish vessels which frequent the coasts on his guard, and to attend with special care to the punctual service of communications between his coast and foreign countries.

ART. XXIV. The coast guards will acknowledge the inspector as their superior, will watch the places designated to them, and will execute the orders given.

ART. XXV. The lieutenant-governors, as well as the inspectors of whatever class, will have their residence, wherever the necessity of their office does not prohibit it, in the general headquarters, so that they can move easily, furnish the necessary aid to the army, and carry out the orders of the military chief.

Country and liberty.

OCTOBER 17, 1895.

The secretary of the interior, Dr. Santiago Garcia Canizares, being satisfied with the preceding law, I sanction it in all respects. Let it be promulgated in the legal form.

OCTOBER 18, 1895.

SALVADOR CISNEROS BETANCOURT,

The President.

LAW OF CIVIL MARRIAGE.

ARTICLE I. Males of 18 years of age and females of 14 can contract marriage. ART. II. To contract marriage they must go to the notary of their residence, two witnesses being present who will sign the contract with the parties and the notary. ART. III. The marriage contract may contain any agreement or convention which the contracting parties may agree upon and which is not opposed to the nature of the contract nor to law.

ART. IV. If one of the contracting parties is less than 20 years of age, the marriage can be contracted with notice to the father, the mother, or the guardian, according to the circumstances, and if these oppose the celebration of the marriage, the judge of the district, with knowledge of the facts, will decide the question.

ART. V. The following reason will prevent marriage: Consanguinity in the direct line. In the collateral, brother and sister can not marry; it is null by the relationship in said degrees, or by being contracted by fraud or by force. It is complete. dissolved for incompatibility by a chronic and contagious disease, or one which wi cause impotency, and by adultery; moral or physical ill treatment of the wife gives to the wife the right to demand from the husband, when they live apart, to bear the expenses of the marriage; if the woman commits adultery she loses this right.

ART. VI. In case of separation, the male children of 14 years of age and upward and female children of 12 and upward may elect between their parents as to residence. Those less than 3 years of age must remain with the mother. Those who have not yet reached the age of puberty, but are older than 3 years, remain with the parent who has not given the motive for the separation. This is in case that the separation is caused by some guilt. If it occurs on account of sickness, the children will remain with the one who did not desire the separation. If the separation is on account of incompatibility, the parents must agree as to this

point. On reaching the age of 3 years, the children who until then have been with the mother, the question of their custody will be governed by the other provisions of this article.

When the male reaches the age of 14 and the female of 12, whatever may have been their previous residence, they may alter it.

ART. VII. Marriage being once dissolved, the parties may remarry, but the woman shall not do so until twelve months have elapsed, in order to avoid confusion of paternity.

ART. VIII. Civil marriage is placed on an equal footing, as to duty and effects, with that recognized by our former legislation, and celebrated by the intervention of the church.

ART. IX. The promise of marriage does not have any other result than that of the payment of the penalty, which must be stipulated by the contracting party. If no penalty is stipulated, no duty of payment is incurred.

ART. X. The seduction of a female, whether she be a minor or not, obliges the seductor to marry the seduced or to pay a penalty in proportion to the fortune of both, which the judge of the district must determine.

Country and liberty.

PROVIDENCIA, September 25, 1895.

GARCIA CANIZARES.

Secretary of the Interior:

Let the foregoing be promulgated in the legal form, it having my sanction.
Providencia, September 25, 1895.

SALVADOR CISNEROS BETANCOURT,

President.

CIVIL MARRIAGE.

Instructions which must be observed by the prefects of the Republic of Cuba in the celebra tion of civil marriage, exercising the function which is given them by the provisional law passed by the Government Council on the 25th of September, 1895.

ARTICLE I. The prefect of the residence of the wife, who is the only one competent to celebrate the marriage, will demand of the parties a copy of their certificate of birth, so that they can prove their marriageable age, which of the male is 18 years and of the female 14 years.

ART. II. If either of the contracting parties should not have that document, by the omission, suppression, or burning of the register, or for any other cause, this credential may be substituted by a certificate of the authorities as to the nationality or residence, in which certificate the cause of the absence of the original certificate shall be stated (after previous investigation and on information received as to its omission) the names of the parents, their civil status, and the year and month of the birth of the contracting parties.

ART. III. If it appears that the contracting parties are over 20 years of age the prefect will proceed to the celebration of the civil marriage without further requisite than to give it publicity, for which purpose he shall affix notices in the most frequented places of the prefecture.

ART. IV. But if either of the parties is less than 20 years of age the contract must not only be made public, as previously stated, but notice given to the father, the mother, or the guardian, so that if these oppose the marriage it may be suspended until, with a full knowledge of the facts, the question be decided by the judge, who must investigate, the prefect fixing a time for the opposing parties to establish and justify their position, which must not be longer than eight days.

ART. V. In all cases the prefect will demand from the contracting party their assurance of the consent of each other, or at least that of the bride, and of her ability to enter into the matrimonial contract, which requisite the prefect may omit if he himself possesses knowledge of the circumstances.

des

ART. VI. If there are no disabilities to the marriage the prefect will register in a book entitled Book of Civil Marriages Contracted in the Prefecture ignating on the first page the year and making an index at the end in alphabetical order. ART. VII. The contract will be formulated in the following terms: "Formula of the marriage of persons of 20 years and upward: "In the prefecture of on the day of 189-, before me, the prefect and before me, the undersigned secretary, there appeared years and upward, the former born and resident of of parents), and the latter born and resident of the prefecture

and

of 20

son of (here the names daughter

(here the names of parents), who are known to the prefect and to myself, the secretary, or who, unknown, were presented to M. and P., who act as witnesses, who affirm that that they know them, or at least that they know her, and they so declare and affirm."

"The contracting parties thereupon say, in the presence of these witnesses and those to this instrument, A and B, called for that purpose, that of their own free will, and without any violence, they promised to marry civilly, which marriage they now celebrate, and they agree to live in complete harmony and conjugal union, and never to separate unless because of incompatibility, or for any of the other reasons allowed by law, declaring that this marriage is for the welfare and honor of both, and for their offspring, and as the laws and customs of good government require (here any agreement made between the contracting parties shall be inserted, besides the nuptial contract), and the register will thus end; and in order that this marriage shall be known, and always and in all cases have its legal force, the prefect orders the minutes of this contract to be drawn in the said terms, signing with the contracting parties, and the said witnesses (if they can write, and if they can not others, at their request, may do so), to all of which I, the secretary, certify."

FORMULA FOR THE MARRIAGE OF THOSE LESS THAN TWENTY YEARS OF AGE.

The beginning will be as in the above formula, adding that the contracting parties being minors, the father, mother, or guardian appeared, who declared their assent and signed (if they can write) the register, and if not, a person of their confidence whom they may select. The declaration as to register will be the same as in the preceding formula.

FORMULA OF CIVIL MARRIAGE TO WHICH THERE IS OPPOSITION.

After the preamble similar to the first formula in the register is declared, that the father, mother, or guardian whosoever has interposed before the competent authority, has dissented, declares the contract not to be proper, as he explains in the following declaration. As to the rest, the register will be as in the first formula to its conclusion.

But in case the father, mother, or guardian do not make any opposition, it shall be so declared in the register that the time fixed having passed and the person having the right to exercise this right having failed to do so, the marriage has been consummated.

NOTE. Of every marriage there will be formed a file consisting of the copy of the register of birth, of the cedula, of the declaration of the opposition of father, mother, or guardian, and of the decree in which it shall be declared proper, or it is ordered that the marriage shall take place because they have not exercised that right, or because the party opposing has not complied with the law. This file shall be kept for future use.

Country and liberty.

PROVIDENCIA, September 25, 1895.

GARCIA CANIZARES,
Secretary of the Interior.

Let the foregoing be promulgated in its legal form, as I sanction the foregoing law in all its parts.

PROVIDENCIA, September 25, 1895.

SALVADOR CISNEROS BETANCOURT,

President.

EXTRACT OF THE SESSIONS.

[Republic of Cuba, Provisional Government, secretary of the council-José Clemente Vivanco, secretary of the Government Council and chancellor of the Republic.]

I certify that among the resolutions passed by this council, according to the minute book of the sessions, the following are to be found:

To give two months' time to the chiefs and officers of the last revolution to join the new army of liberation, so as to have their ranks recognized, and four months' time to those in foreign countries to place themselves in communication with the delegates. To allow the Cuban emigrants individual freedom in the nature of their contributions for the revolution. To permit the export of wooden blocks on payment of $5 in gold as tax for each piece. To prohibit absolutely the export of corn and all forage; of cattle, pigs, horses; without allowing anything to enter the towns without the previous payment of taxes.

To prohibit absolutely also the introduction in the towns of all kinds of fruits and articles of commerce which may favor the said towns and indirectly the Govern ment which we are fighting.

San Andres de la Rioja, October 9, 1895. (Signed)

REGULATIONS FOR THE SERVICE OF COMMUNICATIONS.

ARTICLE 1. The secretary of the interior will be the postmaster-general of the whole island, and the civil governor the chief of his territory.

ART. 2. The postal service is established between the prefectures of the Republic and between the towns and prefectures near by.

ART. 3. In order to organize the postal service, an inspector will be named for each district; as many chiefs as there are post-offices, and as many couriers and auxiliaries as are necessary for each one.

ART. 4. The inspector is the superior chief in his district of the postal service; under his direction will be the postmasters, couriers, and auxiliaries. He shall organize the service by placing the post-offices in the most convenient places, so that the service shall be carried out with the greatest ease and with the greatest rapidity. He will employ the number of employees that are necessary. He will ask for their resignations whenever there is any justifiable cause for it. He will see that every one shall fulfill his duties, and shall name the hours when the couriers shall depart. He shall correct all defects that come under his notice, propose all modifications which he may think will give a better service, and give an account of all extraordinary services which his subalterns may render in order that they should be registered and rewarded. ART. 5. The chiefs will reside in the post-office, from which they can not be absent during the appointed hours, and they are to act whenever possible as auxiliaries to the prefect's office. They will receive official and private correspondence, sign receipts for that delivered by mail carriers, setting down the hour of delivery, and they will deliver, under receipt in which they will also put down the time of departure, to the outgoing postman the mail matter in their hands, giving with it a memorandum stating the name of mail carried and the time of departure. They will also see that the post-offices are well attended and have in them the necessary number of horses required for the service, unless in cases where the service is carried on foot. They will report to the inspector the defects they may observe in the service, without forgetting the importance of their position.

ART. 6. The mail carriers will collect daily at the appointed hours, along the route marked out, without delaying on the way nor hurrying their horses except in urgent cases that will be pointed out by the chief. They will have a receipt for the correspondence delivered to them, and will receive in exchange for the receipt a signed memorandum stating what mail they carry; which memorandum they will present to the chief of postal department, so that he may sign it and declare that he has received them, and, after complying with this requisite, change it for a receipt which he will leave in the office of departure.

A great service will be done by the couriers, and for that reason men of known honesty and valor shall be chosen, who are capable of appreciating the service they render their country.

ART. 7. A mail service will be organized in every city occupied by the enemy, and will consist of as many chiefs and carriers as may be considered necessary.

ART. 8. The inspectors of mails will be the immediate superior officer of the service in the town of his residence, and will have under his command the postmasters and mail carriers, and they will exercise their functions in the same manner as the coast inspectors. They will have special care in the selection of employees and in keeping all possible secrecy to elude the vigilance of the enemy.

ART. 9. The postmasters will be considered as the chiefs of mail carriers and will act with the carriers, as the carriers with the drivers, always giving an account of any extra services rendered.

ART. 10. The mail carriers will have charge of receiving from the postmasters the mail matter and carry it out of the cities for delivery to the office of the nearest prefect. They will give and ask for receipts as the drivers and like these must be honest men, sharp and brave enough with courage to overcome the difficulties that may arise in the performance of their important and dangerous mission and worthy to occupy these positions of trust in which they can lend such valuable services to the sacred cause every Cuban is bound to defend.

ART. 11. The inspectors and postmasters will keep a book to record the appointments of employees and the services rendered by then and will make up their archives