No. 40. HEADQUARTERS DIVISION Of Cuba, On the recommendation of the secretary of justice and public instruction, the military governor of Cuba directs the publication of the following order: I. The royal decrees of February 1, 1894, and November 6, 1896, creating and establishing rules for the government of a bureau of pensions and retired pay for primary teachers, are hereby revoked; the decree of the late autonomist government, dated May 24, 1898, organizing a board in Habana to take charge of said pension matters, is also revoked. II. The director of public instruction is charged with the settlement of the accounts of the said board, under the direction of the secretary of justice and public instruction. III. The said secretary is authorized to appoint two clerks, with an annual salary of $800, each, in American money, to be under the immediate orders of the director of public instruction, to aid him in making the settlement above provided for. IV. Dating from the 1st day of April, 1899, there shall be no deduction from the salaries of teachers of any grade on account of pensions or retired pay, nor shall any deduction be made from the amount assigned to any school for material. O. H. ERNST, Brigadier-General of Volunteers, Acting Chief of Staff. · No. 41. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: ORGANIZATION OF THE SUPREME COURT. I. A supreme court is hereby created, which shall sit in the capital of the island, and which shall have and shall exercise jurisdiction throughout Cuban territory. No other court or tribunal shall have the same title, character, or category. II. The supreme court shall be composed of a president or chief justice, six associate justices, and one fiscal, two assistant fiscals, one secretary or chief clerk, two deputy clerks, and such other subordinate employees as may hereinafter be provided for. III. The subordinate employees shall be six clerks, for the secretary; three "alguaciles," one doorkeeper, two laborers, for the court; two clerks and one "alguacil," for the fiscal. IV. As a court of justice, the supreme court shall sit as a single body, consisting of the president and the six associate justices. Five justices shall constitute a quorum to render judgment, but three may direct the course of pleadings and procedure. In appeals from sentences involving capital punishment or so-called perpetual penalties, or when the fiscal or plaintiff shall apply for the infliction of any such penalties, not less than seven justices shall sit at the hearing. All decisions and rulings must be concurred in by a majority of the justices sitting. In case of disagreement, the question shall be decided according to the law of procedure. V. If, on account of valid objection to one or more of the justices, or for any cause, the number of justices is reduced below that required for a quorum, substitutes may be had in the following order: First, the president of the audiencia of Havana; second, the presidents of the different departinents of the said audiencia; and third, the judges of the same. Among those of equal grade, the senior judge in length of service shall be preferred, and in case two or more shall have the same length of service, preference will be determined by seniority of age. This last rule will also be applied in cases wherein a member of the court is substituted for the chief justice. If the case before the court involves a decision, either previously concurred in or rendered, in a case in which any of the substitutes have taken a part, other substitutes following next in order, as above, shall take their places, and the disqualified judge or judges shall refrain from sitting on the case. VI. The provisions of the foregoing article shall likewise apply in all civil cases in which the justices may be divided in opinion and there shall be lacking the number requisite to decide the issue. CONSTITUTIÓN AND ATTRIBUTES OF THE SUPREME COURT. VII. The supreme court, in addition to its functions as a court of justice, shall also meet in administrative session. When sitting as a court of justice, the supreme court shall have jurisdiction in the following cases: 1. Criminal actions which may be hereafter expressly and specifically placed under its jurisdiction. 2. Criminal actions instituted against the chief justice, associate justices, fiscal or assistant fiscals of the supreme court. 3. Criminal actions against the president of any audiencia, or against the president of one of the sections of an audiencia. 4. Criminal actions against the chief clerk, or any of the deputy clerks of the supreme court for criminal offenses in connection with the discharge of their official duties. 5. Criminal actions against the secretary of an executive department of the government, or against the civil governor, of province. In the cases enumerated in the five preceding paragraphs, the supreme court shall have exclusive and original jurisdiction to try and decide them in oral and public trial. The court shall designate a judge of an audiencia as a special commission to inquire into such cases and to present them to the court. 6. Actions for civil liabilities against the chief justice or any of the associate justices of the supreme court, or the president of an audiencia, or any one of its sections, or a judge of such audiencia or section. 7. Cases of objection to the president of the supreme court, or to one or more of its justices. In the last two cases the court shall proceed according to the methods prescribed by the law of civil procedure. 8. Questions of consolidation or joining of actions, and questions of jurisdiction between judges and tribunals, who have no other common superior than the supreme court. 9. Review of rulings of audiencias, denying the right of appeal to the supreme court, from decisions in which are alleged errors of law, of legal doctrine, or defects in procedure. 10. Petitions for annulment of judgment for alleged error in law or legal doctrine, in cases where the hearing of such petitions may have been admitted. 11. Petitions for annulment of judgment for alleged defects of form in procedure, in cases where such petition may have been admitted. 12. The merits of the case itself, where the annulment of the judgment asked for in the petition has been granted by the supreme court, on grounds of error in law or legal doctrine. The provisions of the five preceding paragraphs shall apply both to civil and to criminal matters, except in so far as they refer to appeals for error in legal doctrine, which relate exclusively to matters of a civil character. 13. Petitions for annulment of awards rendered by arbitrators. 14. Petitions for revision in civil, criminal, and administrative matters (contencioso administrativo). 15. The execution of decisions rendered by foreign courts in accordance with treaties and laws now in force or which may be enacted or decreed hereafter. Cases are excepted which may by treaty be placed under the jurisdiction of other tribunals. 16. Proceedings to determine if hearing should be granted when judgment by default has already been rendered by the supreme court itself. 17. All extradition proceedings in cases wherein the supreme court itself has jurisdiction. 18. Appeals from the decisions of the audiencia of Habana in administrative cases (contencioso administrativo), as well as petitions for reversal of decision, in which appeal in such cases is denied. 19. Of any other matter of judicial character which the law may hereafter place under its special jurisdiction. VIII. The supreme court, when sitting in administrative sessions, is vested with the following authority and powers: 1. To supervise the administration of justice throughout Cuban territory. 2. To decide all matters which may be attributed to it by law, and which are not under the jurisdiction, as above stated, of the court when sitting as a court of justice. 3. To make such reports as the government may request, concerning the administration of justice, the organization of courts and conduct of business therein, the administration and financial affairs of the judiciary, and in general, the promulgation, repeal, and reform of laws. 4. To propose to the government what it may deem advisable or necessary in the matters to which the preceding paragraph refers. 5. To exercise disciplinary jurisdiction in the cases specified in the Digest of Organic Regulations for the Administration of Justice,' and in the law of procedure, in the manner prescribed in said Digest. 6. To appoint and remove the subordinate employees of the court, on the recommendation of the President, except as provided for in paragraph 12, Article XIV, and Article XXVII. 7. To exercise such control as the laws may confer upon it, over the appointment, oath of office, and installment of judicial officers. 8. To prescribe regulations for the dress of officers of the court, the method of dispatching business, and the maintenance of order in the court. IX. The supreme court, when in administrative session, shall be composed, as when sitting as a court of justice, of the president and associate justices of the court; but in addition the fiscal, or assistant fiscal who may represent him, shall invariably be present and shall have the right to speak and vote, except when the question before the court shall involve the exercise of disciplinary jurisdiction; in such cases the fiscal shall confine himself to the ordinary duties of his office, in accordance with the rules mentioned in section 5 of the preceding article. X. Five of the above-mentioned members of the court shall constitute a quorum to hold administrative session. All decisions shall be made by a majority of the members present, except that in cases involving the exercise of disciplinary jurisdiction the fiscal or his substitute shall not count to form the aforesaid quorum of five. XI. The meetings of the court in administrative session shall ordinarily be held weekly, unless there should be no business pending before it; but in exceptional cases the president, if he deem it necessary, may call an extra session at any time. XII. The court, in administrative session, shall be governed by the rules contained in title 10 of the digest, in all matters relating to the methods of voting and debating, the manner of holding sessions, and attendance upon the same, the duties of the secretary, the recording of the minutes and of the votes taken, as well as other matter within the province of the court, in such session. From this rule are excepted the provisions of article 311 of the Digest, in so far as these relate to the presence of the assistant fiscal, who, when present in place of the fiscal, shall have the right to speak and vote, as prescribed in Article IX. XIII. The decision of the court, in administrative session, must be accompanied by the reasons therefor, but they need not necessarily have the form of "resultandos" and "considerandos," which form the court may adopt at its discretion. In a case wherein the court shall concur in the written opinion of the fiscal and the grounds thereof, it shall be sufficient for it to express its conformity with both. THE PRESIDENT OF THE COURT. XIV. The chief justice shall be the presiding officer of the supreme court, and as such, shall have the following powers: 1. To convene and preside over the court, either when sitting as a court of justice or in administrative session. 2. To enforce obedience to this decree and to all laws relating to the duties of his office. 3. To recommend to the government such measures as he may consider necessary or advisable to insure the better administration of justice. 4. To receive and dispatch official correspondence. 5. To forward, with his opinion thereon, all petitions, complaints, and reports, which the court, the associate justices or subordinates thereof, may present to the government. 6. To receive excuses of the associate justices, officers, and subordinates of the court for nonattendance thereon. 7. To see that all associate justices, officers, and subordinates of the court fully perform their duty, and to issue such orders as he may deem advisable to insure the discharge of their functions. 8. To indicate to the fiscal what he may consider advisable for the better administration of justice, so far as relates to the fiscal and his subordinates, but without communicating directly with such subordinates or restricting, in any way, the free action of these officials. When he considers it necessary, he will report to the gov ernment what he may deem advisable concerning the fiscals and their duties. 9. To report to the court such acts of the associate justices as may deserve disciplinary correction, and also offenses which the said justices may have committed in the discharge of their official functious. 10. To report to the government all vacancies occurring in the court which should be filled by appointment by the government, as well as all vacancies, due to any cause, which may, for any considerable time, prevent any officer of the court from performing his duties. Compilación de las Disposiciones orgánicas de la Administración de Justicia. This will hereafter, in this decree, be referred to simply as "The Digest." 11. To hear complaints presented to him by interested parties, concerning delay in the administration of justice, in cases pending before the supreme court, er before any audiencia; to take such measures in the case as may be within his authority; to refer the complaint to the court, and, if it refers to a case pending before an audiencia, to call it to the attention of the president of such audiencia. 12. To appoint and discharge, at will, the laborers employed in the court. 13. To establish rules for the good order and preservation of the archives and library of the court. 14. To notify the court when he himself is unable to be present. XV. The president of the supreme court shall never be designated as "ponente." XVI. The president of the supreme court shall have authority to decide finally appeals against decisions of presidents of audiencias in all cases wherein the latter take cognizance of appeals against the opinions of "registradores de la propiedad" concerning documents presented for record, whether presented by private parties or by order of court; there is likewise conferred upon him the authority which the "reglamento de la ley hipotecaria" vests in the "sección de los registros ó del ministerio de ultramar," and which was later vested in the corresponding section of the department of grace and justice, and government, of the general government of the island, during the autonomist régime. THE SECRETARY OR CHIEF CLERK. XVII. The duties of the secretary shall extend to the court in all of its sessions, and to the office of the president. XVIII. It shall be his duty: 1. To keep the seal of the court. 2. To seal and record the letters and other documents ordered by the court to be issued officially or written to interested parties. 3. To keep a book of registry, in which shall be copied literally the documents mentioned in the preceding paragraph, copies of which shall be issued only on the written order of the court. 4. To have direct charge of the archives and the library of the court, with the responsibilities and duties prescribed in articles 220-225, both inclusive, of the Digest. XIX. When the court sits as a court of justice the secretary shall exercise in the appeals and proceedings before the court the functions appropriate to his office, as prescribed in the code of civil procedure, and those enumerated in articles 196 and 197 of the Digest now in force. XX. When his other duties as secretary of the court or in the president's office render it necessary, these functions shall be performed by the deputy clerks of the court. In such cases the said deputy clerks shall sign papers and documents and shall perform all the duties proper to be performed by the secretary, whom they represent, but their signatures must be preceded by the words "por delegación." XXI. The secretary, when the court is in administrative session, shall, in person, attend to the matters before it, and shall not delegate these duties to any other person, except that in case of his absence his duties shall devolve upon the senior deputy clerk of the court. Should there be two or more such clerks having equal length of service, the said duties shall devolve upon the senior in age. XXII. As secretary of the president's office he shall, with the president, dispatch such business as may be assigned to him, in accordance with this decree. THE DEPUTY CLERKS OF THE COURT. XXIII. The deputy clerks of the court shall issue summons, subpoenas, and notifications; they shall call for records of proceedings held out of court, and perform any other duty to be discharged outside of and by order of the court. THE FISCAL AND ASSISTANT FISCALS. XXIV. The fiscal of the supreme court shall be chief of the fiscals of the island, and will be directly responsible to the department of justice only. Articles 456-460, both inclusive, of the Digest are accordingly made a part of this decree, with the exception that for the words "la monarquia" there shall be substituted the words "el territorio Cubano" in all cases wherein the former expression is used, and for the words "ministerio de ultramar" the words "secretaria de justicia" shall be substituted. XXV. Articles 452-465, both inclusive, of the Digest, shall also be continued in force so far as they concern the fiscal and assistant fiscals of the supreme court. XXVI. The assistant fiscals shall assist the fiscal in the duties of his office in such manner as he may direct. When acting for the fiscal they will sign papers drawn up by them, placing before their signatures the words "por delegación.' XXVII. The fiscal shall have anthority to appoint and discharge at will the subordinate employees of his office. SUBORDINATE EMPLOYEES. XXVIII. The clerks of the secretary's office shall not appear officially in judicial proceedings or pleadings which the officers of the court are required to act upon in person and to authenticate with their own signatures. The secretary or deputy clerks of the court shall supervise and be responsible for the work of the clerks who, in general, shall be under the direct order of these officers, to aid and cooperate with them in the discharge of their duties. XXIX. The clerks of the fiscal shall have direct charge of the records of that office, and shall render the fiscal services similar to those referred to in the preceding article in regard to the clerks of the secretary. XXX. The "alguaciles" and doorkeepers shall discharge the duties prescribed in article 279 of the Digest for such employees. XXXI. The president of the court shall regulate the duties of the "alguaciles," doorkeepers, and laborers in such a manner as he may deem proper. The fiscal shall do the same with regard to his subordinate employees. APPOINTMENT, TERM OF OFFICE, PRIORITY, POSSESSION OF OFFICE, OATHS of office AND SALARIES OF FUNCTIONARIES, EMPLOYEES AND SUBORDINATES IN THE SUPREME COURT. XXXII. The appointment of all officers of the supreme court, with the exception of the subordinate employees, shall be made by the military governor, on the recommendation of the secretary of justice. XXXIII. Seniority and precedence with officers of the same grade shall be determined by date of appointment, and if the incumbents shall have been appointed by the same decree all will be considered as of equal rank, and the order of precedence will be determined by age. XXXIV. The president, justices, fiscal, and assistant fiscals shall, upon the inauguration of the court, make oath before the military governor of the Island, in the form that may be required, and shall take possession of their offices, the court sitting in public administrative session. The secretary and deputy clerks shall likewise take oath and assume charge of their duties before the court in public session as above. XXXV. The annual salaries of all the officers of the supreme court shall be as follows, and shall be payable monthly in United States money or its equivalent: The president, $6,000. The fiscal, $5,750. The associate justices, $5,500 each. The assistant fiscals, $5,000 each. The secretary or chief clerk, $4,000. The deputy clerks of the court, $2,500. The clerks of the secretary and of the fiscal, $1,000. Other clerks, $600 each. The doorkeeper and "alguaciles," $450. Laborers, $300 each. Should the court or the fiscal deem it necessary, they may require one of the lastnamed clerks of the secretary's office and of the fiscal's office to be stenographers, in which case they shall have an annual salary of one thousand dollars. XXXVI. The court shall be granted $1,500 annually, in United States money or its equivalent, for the purchase of material. This amount shall be distributed between the offices of the president and the fiscal in such proportion as may be decided by the court in administrative session. The president and fiscal shall have authority to disburse their respective amounts in such manner as they may deem proper. QUALIFICATIONS AND REQUIREMENTS FOR APPOINTMENT TO OFFICE IN THE SUPREME COURT. XXXVII. To be eligible for appointment to the office of president, justice, fiscal, assistant fiscal, secretary, or deputy clerk of the supreme court, the following requirements must be complied with: 1. The person must be a Cuban, or declare on oath that he accepts Cuban citizenship, provided he be a person included within the provisions of article 9, of the treaty of Paris of December 10, 1898. 2. He must be of age, that is, more than 23 years of age. 3. He must be a lawyer. 4. He must not labor under any of the disqualifications or incapacities herein stated. XXXVIII. The following persons shall not be appointed to any of the aforesaid offices: 1. Those mentally or physically unsound. 2. Those against whom true bills have been found on any indictment whatever. |