The times., 1899-04-16

VVVVVVVWSNV WV
ceeds 10000 pesos, and in case of a credit
OF more than 10000 pesos on an estate
which has been completely destroyed in its
machinery, buildings. and its fields
The date on which the amounts fall due
in each year shall be calculated from the
| 1st of April.
| Annuities arising from censor and
| church beneflces due after the Ist OF April
| 1901, may be claimed and collected from
| the time they become due without any
| limitation whatsoever Credits which have
no stipulated interest shall pay per cent
annually Stipulated interest due shall be
augmented or reduced. according to wheth-
er they were stipulated at a lesser or
greater rate of interest to the rate indi-
Gated. Interest on all credits shall be
| collected after the total payment of the
principal and in one-half the number Of
years fixed for the payment of said prinei-
pal
Summon His Debtor.
Every creditor who only holds an in
strument or due bill. or an ordinary cred
itor. shall be entitled to summon his debtor
before n court of justice in order to obtain
judgment and to record notice OF lien on
! the rural estate belonging to the debtor
In no action brought before 1881 shall
the crops. animals, or personal property
OF rural estate be eMbargoed.
| The present decree leaves every debtor
the entire liberty to agree with his credi-
| tor upon different form fof payment
(, Every rural estate shall be exempt from
the payment of any state. provincial or
municipal tax already due or which shall
! fall due before the 1st of July. 1901.
In order to prove whether an estate be
/ or be not in a condition prescribed as
rural, certificate of the mayor OF tie
proper municipality shall be sufficsnt. In
cases of credits claimed the debtor may
appeal to the judge establishing a 6emur-
rer, in order to prove that he Is en- iiled
to the rights expressed in the present de-
cree From that time the force OF the
summons will be suspended until judgment
| on the demurrer is entered.
The "bsndo of Weyler." suspending
! foreclosures, was accepted by eve. ybody,
including the creditors. There was a
/ right of appeal to the highest courts of the
Kingdom by anyone who felt agrieved,
| but not single appeal was taken.
| The Spanish Cortez was convened after
the PRONUNCIATION of this bando, and no ao-
tion was taken to modify it.
| Debtor and Creditor.
| In the opinion of the Planters Assoeia-
tion, the American Government, which
| has assumed all the duties of the former
/ sovereign, is confronted with an accom-
/ plished fact, which altered the judicial re-
| lati0ns of debtor and creditor, and IL would
! seem TO be indispensable that the quss-
/ tion should be definitely resolved, but not
I by absolutely revoking the former decress.
| because such action. far from protecting
| property rights. would be fruitful source
of great disturbance in Cuba.
| The measure we ask for is more eco
| nomic. as affecting society as a whole,
| than legal in character.
The estates having been reduced 10 ashes
| by order OF the revolution and the grind
/ ing of cane having been prohibited both
/ by the revolutionists and by General Wey-
! ler the Cuban planter or farmer found
himself unable to fulfill his current obliga-
: tions. This was an act of the community
+ and the community should make repara-
! tion. indemnifying the land owner.
1 If foreclosure should be permitted now.
/ not only the large planters. but fifty thou
sand small farmers would lose their lands.
! Not only the land owner would be af-
| fected. but the holder of second and subse-
quent mortgages. and all lienors and other
creditors, including employees, merchants.
I and even laborers, under the Cuban sys-
/ TEN, would lose the amounts due them, as
I is provided by the Spanish law.
| This would really amount to a general
bankruptcy of the people Of Cuba, all Of
] whom are dependent directly or indirectly
on the agriculture of the country.
| Finally. to permit a general foreclosure,
! the majority Of the inhabitants OF Cuba
\ would be sacrificed to a theory. and for
/ the benefit of a small privileged class Of
! creditors, who, in most instances exactsd
most usurious terms.
Approved by the Cubans.
/ Attention is called to the fact that this
plan of the association is looked upon with
favor by the majority of Cubans. and that
no creditor has publicly or officially op-
posed 1t.
After the delegation left the White Hous,
President Mckinley conferred with AT
torney General Griggs, and acting on the
advice of the latter decided to extend the
mortgage obligations for one year. or un-
til May l. 1900. 1t is understood how
ever, that the extension will be limited to
debts secured by mortgage OF ground rents
and that interest will continue pending
final liquidation.
The delegation is entirely satisfied with
the result of its visit and will return to
Cuba within few days.
The favorable opinion rendered by the
Attorney General resulted from the labors
Of Pablo d'Evernine. Secretary of Finance
| in General Brooke's Cabinet. DR.. Diver
nine has been in the city for several days
and has had several conferences with the
Attorney General during which the former
argued in favor of extending the time
mortgages and stated that General Brooke
was heartily in favor of this course.
Taken Under Advfsemcnt.
Argument in support of the motion By
the caveators in the contest over the will
of the late Columbus Alexander was heard
l arfa hafO
| Court No. 2. The court took the matter
.a,:is. arad Will