The Judiciary of Cuba. ment agreeing not to increase the number of such officials. Their intervention in law suits and practically in all legal proceedings was made obligatory, and the monopoly of their duties was left to a certain number in each town in consideration of the price paid for the office. Other officials, although not judicial, were the notaries, who were author ized to certify to contracts and other extrajudicial instruments in accordance with the notarial law of 1862. Solicitors are now appointed by the secretary of justice and their employment is no longer compulsory. While attorneys are not, properly speak ing, court officials, they had this character in Cuba because the laws made their interven tion in a large majority of cases indispensable as counsel for the parties to civil and crim inal suits. As a result, the qualification of the attorneys are regulated by the State, the diplomas being issued by the governor-gen eral after an examination by boards of the university in the following subjects: Phil osophy and law, metaphysics, general and Spanish literature, Spanish history, political economy, natural law, Roman law, canonical law, political law, penal law, civil law, admin istrative law, public treasury, history of Spanish law, law of civil and criminal procedure, and international law, public and private. In all towns where there is a territorial audiencia there is a college of lawyers for the equitable distribution of offices, and to pre serve order and discipline among the lawyers of the territory of the audiencia. Other officials connected with the admin istration of real property are the registers of property, classified, according to the im portance of the locality in which they reside, as first, second, and third class. They are appointed by the government and are re quired to give bond for the faithful per formance of their duties; they charge the fees prescribed by law. It is the duty of registers to make a record of all acts and contracts, mortgages, etc., transferring, en cumbering, or limiting the ownership or
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administration of real estate or property rights or contracts; constituting, altering, or dissolving commercial associations, and transfers of vessels. They cannot be re moved or transferred against their will except by judicial decision. They are entitled to a pension when, on account of their age or physical incapacity, they are pre vented from performing the duties of their office, and this pension passes to the widow and children. Such, in brief, is an outline of the Spanish courts as they were constituted on the first of January, 1899; and while the composition of the courts and the codes of law were no doubt sufficient for the needs of the island, the judiciary, as the creation of the govern ment and existing at its pleasure, had but little independence, and the administration of the courts was characterized by arbitrary arrests, the incommunicado, exorbitant fees to court officials in both civil and criminal trials, and not infrequently by corrupt and dishonest practices. As a rule, the judiciary was monopolized by Spaniards, and no Cuban could hope for appointment to the bench, and a speedy and impartial trial where Cubans were concerned was quite unusual. Many of the prisoners found in the jails of the island at the time of American occupa tion had been in confinement without trial for years, and of those who had been tried only a few were serving sentence, although in some instances years had elapsed since their appearance in court. If the impartial and speedy administration of justice is a reliable indication of good gov ernment, then it must be confessed that the government of Cuba lacked that attribute. As a result of the withdrawal of Spain from Cuba a supreme court was established by a decree of General Brooke, April 14, 1899, to hear cases and appeals which under Spanish rale would have been sent to Spain for decision. The court has its seat in Habana, and is composed of a president or chief justice, six associate justices, one fiscal or prosecuting
