The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-28

Of the Recipr ocai Obligations end Rights Of The
Coionists aud their Matters.
XVI. The Governor Captain-G General Of the Island
of Cuba shall be the official protector Of the colo
nists and shall execute this trust in the districts
through his delegates the respective Governors or
Lieutenant Governors, who in their turn shall be
assisted therein, and without necessity OF previous
delegation by the district captains. These func-
tionaries shall proceed every case, under the d.
recion and orders Of the Governors and Lieutenant
Governors.
XVII In legal matters, and when the masters OF
the cUlonsts do not appear for them the syndics OF
the corporations or their substitutes in the mnnici
pal untas shall be the defenders of the col0nists in
the inferior courts and in the superior courts her
Majestys iecal officers.
XVIII. The delegated protectors shall attend to
the proper treatment of the coonists and the fulfil
ment OF their contracts; they shall propose to the
official protector the measures which they consider
requisite for their welfare and encouragement, and
shall settle equitably and without form OF law the
questions which may arise between the colonists
and their masters.
If these questions should involve any point of
law, the protector shall decide them summarily,
taking Oira uoce evidence, and hearing the opinion
OF an assessor.
Ii the subject should be Of greater legal import.
ance it shall be decided by the proper authority and
according to thcestablished forms of law.
XIX. II is understood that the colonists in sign
ing or accepting their col tracts with the importers,
reDounce the exercise of all civil rights which may
be incompatible with the fulflment OF the obliga-
tions which they incur unless come right is treated
of which is expressly declared by these regulations
Xxx. The colonisfs may contract marriage with
the conset Of their masters.
If colcnst who i of age should wish to marry and
his master should oppose it, ne may redeem himself
from his master under the conditions prescribed in
Article XVIII, or he may geek another master, who
may receive him with the same conditions.
XXI. The coonists shall exercise over their chill
dren s the rights Of paterna power and over their
wives sll the rights of marital power, in as far as
those rights compatible with the legal condition
Of the said children and wives.
XXII The children Of the colonists shall follow
the condition Of their mothers all the time that the
contract of the latter lasts If born during the same
but completing eighteen years OF age they shall
be entirely free, although their mothers should con-
tnue under contract.
at the time OF hiring shall follow the condition which
the women may stipulate with the contractors. If
nothing should be stipulated they shall be entirely
free, but they shall have right to be fed, lodged
and clothed by the masters of their mothers under
the conditions established for those under twelve
years old.
XIII. The children of the colonists born under
the power of the masters of their mothers shall have
the same right while they follow the condition Of
the latter but with the obligation to render in the
meantime to the said masters the services of which
they are capable according to their age.
XIV. The married colonists may not be trans
feTed to any person who does not at the same time
take both husband and wife and their children
under twelve years of age. The masters may not
oblige the husbands to live habtually separated
from their wives, nor the latter from their children
under twelve years OF age.
XIV. The colonists may acquire property, and
dispose of what may belong to them by valid title,
provided the contracts which they may make do not
involve any express or tacit condition, the fufment
of which may be incompatible with their contracts
with the masters.
XVI The colonists may also take legal proceed
ings against their masters being represented in the
manner prescribed in Article XVII, and against
11sr I'd
masters if the latter should be willing to undertake
their defence.
If the masters should decline to do so, or If in a
suit between him and third party the masters in
latter must be represented by the Syndic in the in
ferior. courts, and by her MaJesys Fiscal in the
superior.
XVII. The colonists who may have made con-
the right of resembling them when they are twenty
five years of age. Those who may have made con-
tracts when above twenty years old, shall have the
same right after six years contract. The masters
periods at which The colonists have this right
The colonst shall in be able to make use Of
the right recognized in this article unless he indem-
mites his master, either by labor or in some other
mode, for what he may owe him.
XVIII. Every colOnist shall be able to redeem
himself at any time from the power of his master
provided he pays him in cash:
l. The amount which be may have paid for his
z. That which the came colonis. may owe him as
compensation for labor or on any other account.
8. The increased value which, in the judgment of
men Of skill tie services of the cOlonst may have
acquired since he entered the masters employ.
ment.
A. The amount Of the loss which the master may
incur from the difficulty Of replacing the coonist by
another.
The colonist shall not be able to make use of this
right in time Of" zafra, or during any other Of the
90 I'd
xxx. If any master shall treat q colonist harsh.
ly, or shall fail to fulfil his engagements towards
him, the colonist may apply. to the delegated pro
tector, and if the latter, on hearing both parties
should be convinced Of the justice OF the complaint
he will allow the contract to be annulled.
This anulment may be granted without compen
sation to the master for what be may have given
for the acquisition of the colonist and without bar
ring any civil or criminal action on the part of either
party.
XXX. In the days and hours Of rest the colonists
may work on their own account within the estab
lishment or estate where they reside; and if they
should wish to work out of it, they must previously
obtain the permission Of the master.
In the same days and hours they may also indulge
in such harmless anusements as may not disturb the
| discipline Of the establishment or estate.
| XXI. The colonists shall freely dispose Of the
produce Of their property and Of their work done in
the days and hours of rest, but they shall not be
allowed to establish any retail trade against the will
of their master.
| AAAIl. whenever the COlOnl6L wishes 10 sell nls
furniture or moveables, he shall inform his master
who shall be preferred pro tanto to any other pur
| chaser.
XXXIII. When the master comedies to his colo
mist any lot Of land for cultivation during the days
and hours Of rest the coonist shall acquire the
tire produce unless bis master may have stipulated
otherwise with him.
! XXXIV. The co1onists shall not be able to leave
the estate or establishment in which they serve
without the written permission of their master or his
delegate, and any cOlOniats found unprOvided with
such permit shall be apprehended by the authori
ties, and taken home at the masters expense.
XXXV. When it may have been stipulated in the
contracts that the coonists shall have any partcu
ar kind Of food or clothes Of particular make OF
sort, and If circumstances should prevent the mas
ter from providing the came, the kind, quality, OF
make of either may be altered, but not the guam
| tity.
II the colonsts should not be content with THU
charge they shall apply to their protector, who will
settle the matter fairly between the parties, with
due regard to the essential right OF the colonist.
| XXXVI. Whatever stipulations may have beer
| made in the contracts as medical assistance fol