Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-06-12
Full Text of Governor General
Brooke's Recent Order.
EXTENSION OF THE OBLIGATIONS
Provisions Governing Both Rural
and City Property.
IMPORTANT DOCUMENT

has been received in Washington. Owing
to the presence here at this time Of the
commission which Is said to represent
the creditor classes Of Cuba, the document
will prove peculiarly interesting. The date
of the decree, June 5, shows that it was
promulgated after the commission had left
Cuba, and it is probable that it's provisions
were not known to the commissioners
The decree is as follows:
General Headquarters Division of Cuba,
HAVANA, June 5, 1899.
1.-THE governor general of Cuba has deem
ed proper to direct the publication of the
following decree:
Il. The decree of April "a last, granting
an extension, which was to end the 1St of
May, 1901, for the collection of all the obi-
cations to which the same refers and which
We're contracted prior to December 81 1898,
shall be understood to be modified, SO far
as concerns the following articles:
Exceptions Specified.
III. With the only exceptions herein spec
flied, an extension of two years is hereby
decreed, to end on the 1st of May, 1901,
for the collection, on real property or on
its products, of all the obligations, whether
they be secured by mortgage or not or by
another guarantee on real estate, whenever
SAID obhgauonS have not been contracted
after the 31st of December, 1898.
III. Said extension shall be only for one
year, ending the 1st of May, 1900, for all
obligations, whether they be secured by
mortgages or not, as long as, in order to
collect them, it is necessary to sell at auc-
tton city real estate or rural real estate
which is not destroyed and is in its normal
state of productions: but the creditors may
exercise, according to their rights, al their
actions for the collection of the interest
due on said Obligations whether they be
secured by mortgage or not, and for the
collection of revenues or annuities, when
ever said interest or revenues have matured
after December 81, 1898; and, in default of
payment, the collection can only be effected
from the rent of said city property, or
from the rents and products of the afore-
said rural property.
Creditors' Rights.
''1V. At the expiration of said extension of
one year the creditors shall be at liberty to
exercise all the rights that may belong to
them at said date, which may belong to
them thereafter, without any restriction
fmitat ton whatsoever, to collect the prin-
cipal. interest and costs, selling at auction
city real estate or that rural estate includ
ed in the provisions Of the preceding
tice.
~. City or rural estate belonging to
bankrupts shall not be entitled to derive
the benefits of the extension granted or
protected therefor, against the action of the
creditors, whenever bankruptcy proceedings
have been instituted previously to May 16,
1895.
wi. Neither shall rural or city real estate
regarding which final Judgment has been
rendered, either in an ordinary action or in
an action to enforce execution, prior to
May 16, 1895, be considered as protected
against the legal action of the creditors,
and therefore the creditors may freely eX-
ercise regarding said property all their ac-
uons without any restriction or limitation
whatsoever
Abandoned Property.
wi. Neither shall there be considered as
included in the extension granted the rural
property which may have been abandoned
by it's owner, or which shall not be under
cultivation during the remaining part of
the present year. That property the own
er of which Is absent from the country
without having provided for the admins
tratiOn and government of his property by
means of an attorney, administrator or any
other similar representative, shall be con-
Sdered abandoned.
VIII Creditors may exercise the actions,
in accordance with law, in all that may be
necessary to secure, by means of at
tachment of the property and of its entry
in the registry books, their rights of priority
regarding other creditors. Neither said
actions without any attachment, nor the
attachment of the property, shall give the
creditor the right to continue the proceed
ings, unless it be in accordance with the
provisions of this decree.
TX. The provisions of this decree shall
not include those credits for the collection
of which the creditor may have obtained
the management of the debtors estate, in
accordance with the provisions of Art. 1903
Of the law of civil procedure.
"X All obligations arising from costs in
CURED or which may hereafter be incurred
in proceedings against the debtors may pe
made effective, with the same restrictions
and limitations specified in this decree for
the collection OF the obligations from which
said costs may be incurred.
Mayors Reports Required.
XXI. In all proceedings against products
or rents of any rural property the creditor
at the time Of presenting his claim, shall
file a report from the mayor Of the municf-
pal district to which the property belongs.
wherein it shall be certified that said prop
erty has not been destroyed and is in the
normal conditions Of production.
1.-The mayor issuing said certificate shall
state therein the facts and reasons justify
ing the points mentioned.
IF the mayor deems that the property is
not in the conditions which the creditor
claims he shall so state In writing.
XII. There shall be understood as rural
property not destroyed and in the normal
state of production that property which.
besides having all its buildings and ma
chinery in good condition, may have yield
ed. In rent or in products, in the agricul-
tural year Of 1S9S-1S99 over 80 per cent of
the amounts that the same property yield
cd in rents or in produce during the agri-
cultural year of 1S94-1s95.
Rights of Debtors.
XIII. The certificate issued by the
mayor, In accordance with the provisions
OF Art. XII Of this decree, shall not be con-
sidered as conclusive proof Of the fact
therein stated. and therefore the debtor
shall have the right Of denying said fact.
The interiocutory proceedings arising from
this caase shall be decided In accordance
with the provisions regulating such pco-
ceedings in Art. 740 ct SEQ. OF the Law
of Civn Procedure, and the principal action
shall be suspended until final Judgment IL
rendered in such proceedings. The creditor
shall fully prove that the production Of
the property has exceeded the 50 Der cent
referred to In Art. XII Of this order.
R1aes Of Procedure.
The debtor shah institute the interiocu-
tory proceedings within the period of ten
days after the summons. or after having
| received due notice of the ruling ordering
that the rents or products Of the rural prop
erty in question may be proceeded against.