the Secretary of War may determine shall be used by him in connection with the census. It shall be the duty of each enumerator to visit personally each dwelling house in his district, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made of the head of each family, or of the member thereof deemed most creditable and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all the particulars required by the order prescribed as of the date October 16, 1899. And in case no person shall be found at the usual place of abode of such family, or individual living out of a family, competent to answer the inquiries made in compliance with the requirements of this order, then it shall be lawful for the enumerator to obtain the required information, as nearly as may be practicable, from the family or families or person or persons living nearest to such place of abode; and it shall be the duty of each enumerator to forward the original schedules, duly certified, to the supervisor of census of his province as his returns under the provisions of this order, and in the event of discrepancies or deficiencies being discovered in his said returns he shall use all diligence in correcting or supplying the same. In case the district assigned to any enumerator embraces all or any part of any incorporated township, village, town, or city, and also other territory not included within the limits of such incorporated township, village, town, or city, or either, it shall be the duty of the enumerator of such district to clearly and plainly distinguish and separate, upon the population schedules, the inhabitants of all or any part of such township, village, town, or city, as may be embraced in the district assigned to such enumerator, from the inhabitants of the territory not included therein. No enumerator shall be deemed qualified to enter upon his duties until he has received from the supervisor of census of the province to which he belongs the commission authorizing him to perform the duties of enumerator. VIII. The district assigned to any enumerator shall not exceed 1,500 inhabitants for urban and 1,000 inhabitants for suburban or rural districts, as near as may be, according to estimates based on the preceding census or other reliable information, and the boundaries of all subdivisions shall be clearly described by civil divisions, rivers, roads, public surveys, or other easily distinguished lines: Provided, That enumerators may be assigned for the special enumeration of institutions, when desirable, without reference to the number of inmates. IX. Any supervisor of the census may, with the approval of the assistant director of the census, remove any enumerator in his province and fill the vacancy thus caused or otherwise occurring. Whenever it shall appear that any portion of the enumeration and census provided for in this order has been negligently or improperly taken, and is by reason thereof incomplete or erroneous, the assistant director of the census may cause such incomplete and unsatisfactory enumeration and census to be amended or made anew under such methods as may, in his discretion, be practicable. X. The assistant director of the census may authorize and direct supervisors of the census to employ interpreters to assist the enumerators of their respective dis tricts in the enumeration of persons not speaking the language of the country, the compensation of such interpreters not to exceed $3 per day for each day actually and necessarily employed. XI. No supervisor's clerk, interpreter, special agent, or other official shall enter upon his duties until he has taken and subscribed to the oath or affirmation prescribed by the Secretary of War; and no supervisor, supervisor's clerk, enumerator, or special agent shall be accompanied or assisted in the performance of his duties by any person not duly appointed as an officer or employee of the Cuban census, and to whom an oath or affirmation has not been duly administered. All appointees and employees provided for in this order shall be appointed or employed solely with reference to their fitness to perform the duties of the positions to which they may be appointed. XII. The enumeration of the population required by this order shall commence on the 16th day of October, 1899, and be taken as of that date. And it shall be the duty of each enumerator to complete the enumeration of his district and to prepare the returns herein before required to be made, and to forward the same to the supervisor of census of his province on or before the 30th day of November, 1899. XIII. If any person shall receive or secure to himself any fee, reward, or compensation as a consideration for the appointment or employment of any person as enumerator or clerk or other employee, or shall in any way receive or secure to himself any part of the compensation to be paid for the service of any enumerator or clerk or other employee, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not more than $1,000, or be imprisoned not more than one year, or both. XIV. If any supervisor, supervisor's clerk, enumerator, interpreter, special agent, or other employee, who, having taken and subscribed the oath of office required by this order, shall, without justifiable cause, refuse to perform the duties enjoined on him by this order, or shall, without the authority of the director of the census, communicate to any person not authorized to receive the same any information gained by him in the performance of his duties, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not exceeding $500, or if he shall willfully and knowingly swear or affirm falsely, he shall be deemed guilty of perjury, and upon conviction thereof shall be imprisoned not exceeding two years, and be fined not exceeding $500, or if he shall willfully and knowingly make a false certificate or a fictitious return, he shall be guilty of a misdemeanor, and upon conviction of either of the last-named offenses he shall be fined not exceding $2,000 and be imprisoned not exceeding two years. XV. Each and every person more than 20 years of age belonging to any family residing in any enumeration district, and in case of the absence of the heads and other members of any such family, then any representative of such family, shall be, and each of them hereby is, required, if thereto requested by the assistant director, supervisor, or enumerator, to render a true account, to the best of his or her knowledge, of every person belonging to such family in the various particulars required, and whoever shall willfully fail or refuse to render such true account shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding $100. And every president, treasurer, secretary, director, agent, or other officer of every corporation, and every establishment of productive industry, whether conducted as a corporate body, limited liability company, or by private individuals, from which answer to any of the schedules, inquiries, or statistical interrogatories provided for by this order are herein required, who shall, if thereto requested by the assistant director, supervisor, enumerator, or special agent, willfully neglect or refuse to give true and complete answers to any inquiries authorized by this order, or shall willfully give false information, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $3,000, to which may be added imprisonment for a period not exceeding one year. XVI. All fines and penalties imposed in this order shall be enforced by due legal process in courts of the first instance, or in the supreme court of the provinces, according to the nature and degree of the offense, and they are hereby granted jurisdiction for this purpose. XVII. The director of the census may authorize the expenditure of necessary sums for the traveling expenses of the officers and employees of the census and the incidental expenses essential to the carrying out of this order as herein provided for, and not otherwise, including the rental of the offices for the assistant director and supervisors of the census and the furnishing thereof. XVIII. All mail matter of whatever class relative to the Cuban census and addressed to the director, assistant director, or any supervisor or enumerator of the census, and indorsed "Official business, War Department, Cuban census," shall be transported free of postage; and all telegrams relative to the Cuban census, sent or received by the officials aforesaid, shall be free of charge; and if any person shall make use of the postal and telegraph franking privileges herein granted to avoid the payment of postage or telegraph charges on a private message, letter, package, or other matter sent by mail or telegraph, the person so offending shall be guilty of a misdemeanor and subject to a fine of $300. XIX. The director of the census is hereby authorized to print and bind such blanks, circulars, envelopes, and other items as may be necessary, and to tabulate, print, publish, and distribute the results of this census. XX. The expenses of taking the Cuban census, including the pay and allowances of civil officials and employees, shall be paid from the revenues of Cuba, and the military governor of Cuba will nominate one of the disbursing officers of the Army in each province to act as paymaster, who shall be provided with the necessary funds and who shall make disbursements in behalf of the Cuban census, according to such instructions and under such regulations as may be prescribed by the Secretary of War. The names, rank, and stations of the officers so nominated will be communicated to the Adjutant-General of the Army by the military governor of Cuba, and will be announced in War Department orders. XXI. The military governor of Cuba, the military and civil governors of the provinces, and all civil and military officers and employees will render such assistance to the director, assistant director, supervisors, and enumerators of the Cuban census as may be necessary to enable them to carry into effect the provisions of this order. ELIHU ROOT, ADNA R. CHAFFEE, No. 157. HEADQUARTERS DIVISION OF CUBA, Habana, September 5, 1899. The military governor of Cuba directs the publication of the following order: In all cases in which the law either of civil or of criminal procedure shall reserve the decision in any case to the "court in full" (tribunal en pleno), it shall be understood that from the date of this order the decision of such case shall be made by the section of the court having cognizance thereof. If, either because the case pending for decision is that of objections taken to the sitting of any of the magistrates or from any other cause, not a sufficient number of magistrates should be left in the court to constitute a legal quorum to decide the case in question, then, if the case be pending before the audiencia of Habana, magistrates of the other sections shall be called in, and in cases pending before the other audencias or before the supreme court, the substitute justices shall be called in when necessary to form a legal quorum. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 159. HEADQUARTERS DIVISION OF CUBA, Habana, September 7, 1899. The military governor of Cuba directs the publication of the following for the information and guidance of all concerned in the island of Cuba: [Circular No. 31-Division of Customs and Insular Affairs.] WAR DEPARTMENT, Washington, August 24, 1899. By direction of the President, the following is published for the information and guidance of all concerned: 1. That if any owner, importer, consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever, or shall be guilty of any willful act or omission by means whereof the island of Cuba shall be deprived of the lawful duties, or any portion thereof, accruing upon the merchandise, or any portion thereof, embraced or referred to in such invoice, affidavit, letter, paper, or statement, or affected by such act or omission, such merchandise, or the value thereof, to be recovered from the person making the entry, shall be forfeited, which forfeiture shall only apply to the whole of the merchandise or the value thereof in the case or package containing the particular article or articles of merchandise to which such fraud or false paper or statement relates; and such person shall, upon conviction, be fined for each offense a sum not exceeding $5,000, or be imprisoned for a time not exceeding two years, or both, in the discretion of the court. 2. That every person who willfully conceals or destroys any invoice, book, or paper relating to any merchandise liable to duty, which has been or may be imported into the island of Cuba from any foreign port or country, after an inspection thereof has been demanded by the collector of any collection district, or at any time conceals or destroys any such invoice, book, or paper for the purpose of suppressing any evidence of fraud therein contained, shall be punished by a fine of not more than $5,000, or by imprisonment not more than two years, or both. 3. That judges of the first instance and instruction shall have and are hereby given jurisdiction and authority to take cognizance of the offenses herein enumerated, and hear testimony and make investigation as is now provided by law in other offenses, and if they shall determine from the evidence presented that there is probable cause to believe that the party accused is guilty of the offense charged against him, they shall admit such person to bail, or, in default of good and sufficient bail, commit him to jail to await the action of the criminal court having jurisdiction of the matter, as hereinafter provided: Provided, That the offense shall have been committed in any part of the province in which the judicial district of the judge is located; or, that the accused shall have been apprehended in any part of the province in which the judicial district of the judge is located, although the offense may have been committed elsewhere; or, that the accused shall have been apprehended out of the island of Cuba and brought into the province in which the judicial district of the judge is located, without respect to where the offense may have been committed. 4. That criminal courts ("audiencias de lo criminal") shall have jurisdiction in all cases herein set forth when the offense shall have been committed in the judicial district in which the court now has, by law, criminal jurisdiction, or without reference to where the offense shall have been committed if the accused shall have been apprehended in said district, or if the accused shall have been brought into said district, provided he shall have been apprehended out of the island of Cuba. 5. That all laws and parts of laws heretofore and now existing in the island of Cuba which are inconsistent with the provisions of this order be, and the same are hereby, declared to be null and void. The military governor of Cuba directs the publication of the following order: I. The offenders in cases of electoral offenses described and punishable by the penal part of the various electoral laws that were in force in Cuba until January 1, 1899, are hereby declared included in the decree granting pardons in certain cases published by the military governor of Cuba, dated June 1, 1899. II. All the rulings of said decree dated June 1, 1899, wherein they refer to the penalties imposed as to the course of proceedings, are hereby declared applicable to offenders or those accused of offenses to which the foregoing article refers. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 171. HEADQUARTERS, DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: It is hereby ordered that the ayuntamientos are authorized to decide in matters pertaining to the removal of the temporary military works which were constructed in their respective districts during the recent war with Spain. The ayuntamientos are empowered to remove said works, those along the JúcaroMorón Railroad excepted, for the purpose of restoring the material used in their con struction to whomsoever can prove ownership to same, or, in the absence of any claimant, to use the material of which they are constructed for any public works they may deem proper. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 176. HEADQUARTERS, DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: Hereafter, and for all legal purposes, the following only shall be considered as holidays: Sundays, the first day of the year (New Year's Day), Holy Thursday, Good Friday, and the 25th day of December (Christmas). From the last-mentioned day (December 25) to the 2d day of January tribunals and courts shall suspend business regarding proceedings which do not refer to misdemeanor suits, suminary instructions, cases relating to the release of accused persons, and to civil register. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 181. HEADQUARTERS, DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: First. For the purpose of the security which, according to the existing law, insurance companies, either foreign or domestic, have to give, they will be classified as follows: Fire insurance companies. Life insurance companies. Surety companies. Casualty companies. Marine insurance companies. Title guaranty companies. Second. The security which they shall have to give according to the provisions of the law now in force, in order to be authorized to transact business in the island of Cuba, is modified and shall be given as hereinafter provided. Third. The said security shall be given either by depositing its amount in cash in the general treasury of the island or by investing the same in mortgage bonds of corporations or companies doing business in the island of Cuba, or in real estate mortgage on the terms and conditions prescribed by the law now in force. United States Government bonds will also be accepted as security. Fourth. The security offered shall be submitted to the approval of the secretary of finance, and after acceptance by him will be deposited for safe-keeping in the treasury of the island. Fifth. The amount of the security shall be: |