Citation
Translation of the penal code in force in Cuba and Porto Rico

Material Information

Title:
Translation of the penal code in force in Cuba and Porto Rico
Series Title:
The making of modern law: Foreign primary sources, 1600-1970
Uniform Title:
Código penal (1879)
Portion of title:
Penal code in force in Cuba and Porto Rico
Creator:
Cuba
Spain
United States -- Division of Customs and Insular Affairs
Puerto Rico
Place of Publication:
Washington
Publisher:
G.P.O.
Publication Date:
Language:
English
Spanish
Physical Description:
1 online resource (175 pages) : ;

Subjects

Subjects / Keywords:
Criminal law -- Cuba ( lcsh )
Criminal law -- Puerto Rico ( lcsh )
Derecho penal -- Cuba ( bidex )
Derecho penal -- Puerto Rico ( bidex )
Criminal law ( fast )
Cuba ( fast )
Puerto Rico ( fast )
The making of modern law: Foreign primary sources, 1600-1970 ( local )
Genre:
Electronic books.
legislation ( marcgt )
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Statement of Responsibility:
Division of Customs and Insular Affairs, War Department.

Record Information

Source Institution:
FIU: College of Law
Holding Location:
FIU Law Library - Mario Diaz Cruz Collection
Rights Management:
The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. This item may be protected by copyright but is made available here under a claim of fair use (17 U.S.C. §107) for non-profit research and educational purposes. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
Resource Identifier:
654409157 ( OCLC )
031065320 ( ALEPH )
Classification:
KGJ962 .A48 1900 ( lcc )

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4








4


TITLE I-Crime' against the external security f tit Stat-Cntiint-l. in-.
Chapter III. Crimes against international I liaw ...-............---.-. - 42
Chapter IV. Crimes of piraoy ---------------------------------------- 43
TITLE II.-Ciimes against the t istituition . --------------- ----- ---------- 43
Chapter 1. Crimes of kose majet-, against the COrtes, the Council of Ministers, anl against the ftirmi of government ................----------- . 4
Settii 1. Crimes of lese majestt ..--------------.--------.---.--. . 4
Section 11. Crimes against the Cortes and its memers and ainst
the Cntwil of Miinisters ---------------------------------------- 44
Section I 11. CriiIs against the ftrm of government ---------------- 46
Settilt IV. Provisi' ns common t tihe three preceding sections------ 47
Chapter II. Crimes committee on the Icasi'n of the exercise of the inlividual rights guaranteed by the eonstituti .------------------------- 47
Sectimn 1. Crimes committued by individuals mn the occasion (If the
exercise If individual rights guaralitcei by the con'stitutiin -------- 47
Section I. Crims coinlittedt by public otticials against the exrcise
of inlividlual rights guarallteell yiv the constitutit.. ....------ 50
Scetiin III. Crimes in violation of the constitutional provisions relating to rtligitn anil Irshij.------------------------------------- 56
Section IV. Provisions comnnon to the three preceding sections------ 58 TLE Ill.-Crines against pblic order ---------------------------------- 58
Chapter I. Rehellion ------------------------------------------------ 5A
Chapter I I. Sedition ..------------------------------------------------ 60
Chapter III. Provisiins tom 1on to the two precciing ciaptcrs --------- 61
Chapter IV. Criminal attempts against the autitritits and their agents,
re-sistaie, and disobedience---------------------------.. ------------- 62
Chapter V. Acts of disrespect, inslts, acts of contuiel' and threats
against authorities, and insults, acts of contumely andI threats against
their atte'lts and other public officials -------------------------------- 62
Chapter VI. Public disordeis ----------------------------------------- 63
Chapter VII. Provisions common to the three preceding chaptrs--------- 64 TITLE IV.-Falsities and falsifications ---------------------------------- 65
Chapt-r I. Falsification of the royal signature or stamp, the signature of
ministers, seals and marks.------------------------------------------ 65
Section l. Falsification of the royal signature or stamp antI the signature (f ministers ----------------------------------------------- 65
Section II. Falsification of seals and marks------------------------- 65
Chapter I. Counterfeiting (if mone.--------------------------------- 67
Chapter I1I. Falsification of bank notes, instruments (if credit, stamped
paper, postage stamps, andI other stamped articles wht sale is rt-erved
to the State.-------------------.. . ----------------------------------- 68
Chapter IV. Falsification of documents----------------------------- 69
Scctin I. Falsification of official ant citrcial documents and telegraphi' dispatches---------------------------------------------- 69
Sectiil It. Falsification of private iocuments.---------------------- 70
Sectiol III. Falsification of passports, nebl/i/s of residence, anIl curtitieates--------------------------------.....---------------------- 70
Chapter V. Provisions applicable to the four preci capters. . I----------- 71
Chapter VI. FratI iltitt onittcaltent if priptrty tir indlistry, false testiitmly and false accusation and deilunciati -..----- -- --- 72
Chapter VII. Usurpation of office, rank, atnl itlIt, ald imit prIitpr use of
names, dress, insignia, anl decorations ----------...... -----.------------ 74
TITLE V.-Violatictil of laws relating to interments, vii>latiI 'f sepulhers
aid offenses a-_ainst the public health --------------------------------- 75
Chapter J. Violation of laws relating to int-rmcnts anl the vi nation of
C h p u lc h e r s . O f e . . .s g a . . . . t . t . . . . .i.-- - - - - - - - - - - - - - - - - - - - - -- 7 5
Chapter II. Offenses against the public health.---....--......--...-..-. 76








26


Demonstrative table of the provisions of this chapter.


Penalty pertaining
Penalty pertain- to the pri-ipal
lag to the trwit- in an attulmPt at tipal in a frus- ion at ed
Penalty prescribed tratcd c r i m e crimt, aiccesstry
for the crime. and the atcom- inthesamit crime,
plice III a cont- and accomplices m b n a e d in a frustra t c d
crime. crime.


First ease, death ... (atna perpetua. Cadena temporal....

Second case, cadetnaCarf temiporal.. Presidio mayor.......
-ep ttta to death.
Tthir ite, ea l , at Presidio tmaynr itt Presidio correcciotpaqit in its its maximum al in its maximnaximumi degree ,degree to CIL- muma degree to to death. l d it ( temIporal presidi')nmyqor in


Fourth ease, pr-idw aayor in it, maxiu degree
tol Caden ,,po L ral in its a edmLim degree.


ilt its medium its medium Iledegree. gree.
Ptsd corrce - Arresto ttor in
-ttll itt its its maxitotumt ieti-stntm de- green ttt ptrtiw I gree to t, ,tt Cttectit itt its I
*ttr it its me- medium degree. dtmt degree


Penalty pertaining to an aees- Penalty pertainsory in a frus- ing to alt accestrated cri m s stry in a attempt
and acc om- to commit a
pliees in at- crime. tempt.


Presidio mayor.... Presidio correcciotttal.
Precidio correceio- A rcto mayor.

Arresto mayor in Fine and arresto its maximum iayo in its
degree to pre- minimum and
si-lio ctrtItttI- mediumdegrees. tlint its medittt tiegree.
Fine and arrest Fine. ttttr in its minimumi and mtediuttt degrees.


SECTON I I.-R tils for he a(pplti(ion? o penaltls withrtid to
r ,ttsel ititi|i q e l l t/q vsi l'itl ( eIitii ii Cs.

ART. '76. Extenuating or aegravating circunistanees shall he taken into consideration in reducing or increasing- the penalty in the cases and in accordance with the rules prescribed in this section.
AiT. 77. Ateravatinu ciretninstatices which in themselves constitute a critie special v punished v law, or which the law has tientioned in describigll and penalizitig it, shall not have the effect of increasings a penalty.
Notr shall this effect be produced by aggravating circumstances that are inherent in such tanner to the crimle that without the attendance thereof the criule could not be committed.

ART. 78. The agig-avatincy or extentintit circumstances that consist in the moral condition of the delinquent in his private relations with the injured party, or ill aty other personal cause, shall serve to ag-gravate or diminish the liiility of only the principals, accoiplices, or accessories who may l he affected thereby.
The circumstances whiI cOtsist in the material execution of the deed or iin the nians iemploved to accomplish it shall serve to aggravate or diminish the liailit v of those persons only who were acquainted witi thein at the itonent of the conliiiissio of the crime or of their cooperation therein.
ART. 7). In cases in which the law prescrihes onlY one indivisilble penalty the courts shall apply it without consideration of the aggtravating or extenuatin circumstances attendingli tile deed.
In c-ases ill which the law prescribes a punishmt eit composed of two indivisible penalties tle following rule shall lte served in the application tl- i-tof:
1. If anii aggi, ravatinit circitistance aloie shotlsd have attended the deed, the highi-r penalty shall Iie applied.


|







32


ART. 101. Until there shall he a place provided in the jails for the public execution of the death penalty, the person sentenced thereto, who shall he dressed it a black cassock, shall be taken to the scaffold in the carriage provided for that purpose, or in a cart itt the absence of the former.
Awr. W2. The corpse of the person executed shall he exposed on the scaffold for four hours, after which it shall be buried; being delivered to his relatives or friends for this purpose if they should solicit it. The funeral must he h(eld without display.
ART. 1 ,. The penalty of d(ath shall not he intlieted upOn a wotnan whilt she is pregtnalt; tor shall she be notified of tite sentence that Ias beett imposed upon her until forty days after her delivery.
AR. t04. The I penalties of ctaodla jq-/hml too a ttl iw o mApwoal Ahall be Served itt ti v of the places l)rovided for suChl ptrpos., to the exclusion of the ilattds of Cuba and Porto Rico.
Awr. I 5. Thom, ttettced to itoh, i tOAippaI or '/11,tp ii ( /'aw shall labor for the ben etit of the State; they shall always carry a chain at the ankle, hanging, froin tte waist; they shall he etmtployed in hard td painful labor and shall receive no assistatice whatsoever front without the institlitiotti.
Nevtrtheless. if the court, takin into considertion tle age, health, condition, or yt l v other personal circuistatice of the delinquent, should believe that he should ttulerio Ili, penaltv itt labors within the itt-titutiott, it shall so declare itt the sentence.
Awr. lot. Those sentenced to i/w, oi /ipir/ ir i-na, 1 >t, / c(ttn not bw assigned to private works or to public works that are executted ty buNnl s i nttrprise or I yN t colltats twi the iGovernent.
Airr. 1117. A person condemnedI to Old/,1w /, wp"odw or cwk/ml pcirJ /it wNho houll have attaitted llt age of GO years before the passing of ntttl. Ihall .erve his tntece at a prison for servitt- the penalty

It' ht( "houl attain 'aid at-v N\hill- ludergoing" his Sentenlce, ht( shall itt. ttattsfer -d to the littttr p'tal institution, ill which he shall retnain for tilt till. pre cried ill th setteltce.
Airr. D)S. 2 J1/w , j, , /-1 and mpw/wl,; /,oo shall be served
ill institlitionls within or without the ishimds (of O tba allo Porto Rico.
Th"11 (14nd~emned thvercto 'ball he "tibject to forced labor for tile benel-it 4f tile tatv wvithinl the peitsof fth' institution.
A In. Ill!. The p-niltio" (of r, <1, Th-o lunder-oing this wa11teni- 1may dcvotv themllelve.s frovlv, under the linveillam". (of till ailthlorit it", to thwir. profe.sionl or trado, within thr radilt, It, whi, h tilt limit, oI tilt polal inltitutionl (,xt(,nd.











General table of the duration of penalties in all the forms and fombinations prescribed in the code and their division into degrees-l itinued.


Penalties Time included in the entire Time included in its minimum Time included in its medium Time included in its maximum
penalty. degree. degree degree.

27. Maximum degree of confia- From 11 years 4 months and 1 From 11 years 4 months and 1 From 11 years 6 months and 21 From 1t years 9 months and 11
siento in its maximum de- day to P2 years. day to 11 years 6 months and days to 11 years 9 months and days to 12 years.
green. 20 days. 10 days.

28. Confntmieo in its maximum Front 10 years and 1 day to 20 From 10 years and I day to 13 From 13 years 4 Months and 1 Front 16 years 8 months and 1
degree to relegarin tI - years. years and 4 msotiths. day to 16 years and 8 isonths. iay to 20 years.
pordl
'29. Disqualification in its mini- From 6 years and 1 day to 8 From 6 years and I day to 6 From 6 years 8 months and 1 From 7 years 4 months and 1
muai degree. years. years and 8 months. day to 7 years and 4 months. day to 8 years.

30. Disqualification in its mini- Fromt 6 years and I day to 10 From 6 years and 1 day to 7 From 7 years 4 months and t From 8 years 8 months and 1
mum and medium degrees. years. years and 4 months. day to s years and 8 months. day to 10 years.
31. Disqutification in its maxi- Frsm 10 years and slay to per- From 10 years and I diay to 11 From 11 years and I slay to 12 111epetual disqualification.
maunt degree to perpetual petal disqualiiieaitin. years. years.
d its lua ficsition.
32. Temporary abslte sisquali-. From 6 years and I slay to per- From 6 years and 1 day to 9 From 9 years and 1 diy to 12 Do.
fiiation to perpetual. petual disqualifieation. years. Years.

33. Psitss, pjriisn creional From 6 months and 1 day to 6 From 6 months and I day to 21 From 2 ears 4 tionths aid From 4 years 2 months and I
and bsstisltment. years. years aund 4 tionths. slay to 4 years and 2 inotIs, day to 6 years.
34. P'sidicirretswnal in itsi- From 6 tionths and 1 lay to 2 Frs 0 monts and 1 slay to 1 From year I mont It and 11 days Frosm 1 year 8 months and 21
unam degree years and 4 months. year 1 nsonth and 10 days. to 1 years months aid 20 days. days to 2 years and 4 mouths
35. Presidio csrceistol in its me- From 2 years 4 nassistha ansd I say From 2 years mostls and 1 ay Front 2 years 11 months and 11 From 3 years 6 months and 21
dium degree. to 4 years and - months. to 2 years 11 monthsand 10 days. days to 3 years 6 months and 20, days to 4 years and 2 msotths.
slsys
36. Presidioc-rreeional in its mi- From 6 months nd I day to 4 From 6 months and 1 say to 1 Frot 1 year A msontlss and 21 days Frot 2 years 11 months and 11
imno and medium degrees. years and 2 months. year 8 moths and 20 days. to 2 years 11 months and 10 days. days to 4 years and 2 months.
37. Pretsidis (jrreccional in its me- From 2 ears 4 itsonths and 1 stay From 2 years 4 months and 1 day Fron 3 years 6 aionths and 21 From 4 years 9 months and 11
dium and maximum de- to 6 years. to 3 years 6 monthsansd 20 days. days to 4 years 9 isotiths and 10 days to 6 years.
grees. days.
88. Pesidi ro ,reioas in its From 4 years 2 isonths and I day Frot 4 years 2 moithsand 1 dity From 4 years 9 months and 11 From 5 years 4 months and 21
niaximam deges'. t6 years. to 4 years 9 months and 10 days. slays to5 years 4 months and 20 days to 6 years.
days.
39. Pis sidio orreeional in its me- From 2 years 4 months ant 1 day The medium degree of preidio The nsaxiisut degree of presidio The minimum degree of Predism degree . t> prssidis to 8 years. ccrreionud carr-rional sidio mayor.
may.r in the minimum.






129


less than 5 pesetas, shall incur a fine of 10 centimos do pesetas for each head of cattle.
If the estate were inclosed, or should contain vineyards, olive groves, sown land, or other plantings, or if there should be a relapsing on the part of the offender, the fine prescribed in the preceding article shall be imposed according to the cases therein prescribed.
ART. 621. If the cattle should be purposely let in, or stray in through the abandonment or negligence of their owners or herdsmen, besides paying the fines mentioned in the preceding articles, the owners and herders in their respective cases shall undergo from I to 30 days of arrest, if a greater penalty should not attach to them as guilty of theft or willful or negligent damage.
If they should relapse into this offense for the third time within a space of thirty days, they shall be tried and punished as guilty of theft or damage, according to Book II.
ART. 622. Those who should cause a fire of any character not penalized in Book II of this Code shall be punished with the penalty of arresto wenor, or a fine of from 15 to 325 pesetas.
ART. 623. The following shall be punished with a fine of from 15 to 70 pesetas:
1. Those who shall violate the regulations or proclamations relating to good order with regard to the burning of stubble or other veggetation.
2. Those who shall violate.the ordinances concerning hunting and fishing.
ART. 624. Those who shall cause any damage in any of the manners specified in this Code, whose amount does not exceed 125 pesetas, shall be punished with the penalty of arrest of from I to 5 days, or a fine of from 15 to 70 pesetas.
ART. 625. Those who shall cut trees on another's estate, causing damage not exceeding 125 peseta,, shall be punished with a fine of from double to four times the amount of the damage caused; and if said damage should not consist in cutting down trees, but in cutting branches of firewood, the fine shall be from an amount equal to double that of the dainage caused.
ART. 626. Those who in making use of waters belonging to others, or in diverting thei from their course shall cause dainage, the amount of which does not exceed 25 pesetas, shall incur a tine of fron double to four tiios tl atmnount Of the datnage caued.
ART. 627. Those who intentionally or through negligence or carelessness shall cause any damage whatsoever not punished in this or in the preceding book, shall be punished with a fine of froii one-half the amount of damage caused to an equal amount, if it were possible to estimate it, and otherwise with a fine of from 15 to 210 pesetas.
1571 9







41

Amy laymnan committing such acts shall incur the penalty of pr/,'rdn ce,,1 econc d in its mininium and medium degrees, and a fine of from 625 to 6,250 pisetas.
ART. 143. Ai'v person who shall introduce, publish, or enforce within the Kingdom any order. provision, or document emanating from a foreign1 government, that attacks the independence or security of the State, shall 1he punished with the penalties of -/n re ('/ o/ in its imininuiun and medium degrees. andi a fine of from 25 to 6,250 pisetas, unless such crime directly produces others of greater gtravity, in which case he shall be punished as the principal therein.
Art. 144. If any of the crimes mentioned in the two foregoing articles should le comm11 itted bv a ny official Of the State taking advantage of his character or duties, there shall be imposed upon him, in addition to the penalties established in said articles, that of perpetual absolute disqualitiiation.
ART. 145. He who ) v unlawful acts or not dUly authorized should provoke or furnish a pretext for a declaration of war against Spain on the part of another power. or should expose Spaniards to annoyvance or reprisals oni their persois or property. shall he punished with the poi'alty Of / / on; temnijr l if he le a State official, and othervii with that of pyw%/ .
If the war ihe not actually declared, or the reprisals or anno vances do not take place. the respective penalties shall be imposed in the next lower d('gree.
Air. 146. The p'italt v of Ii' /n t, morwl shall be imposed on any person violating a trUCe or armistice agreed to 1twee tile Span ish nation and a hostile nation, or between their helligerent forces, land or naval.
A'r. 147. A public official who, taking advantage of his office, should in any wav not specitiially ntined in this Chapter endanger the dignitv or interests of the Spanish nation, shall he punished with the 'ealtics Of m'ion m yoc and perpetual disqualitieation from the office he may hold.
ART. 148. He Who, without sufficient authorizatioI i, slial I raise troops within Spain for the service of a foreiein nation for any object or pIrpose whatsoever. whatever ie the nation against which hostility le contimplati. 'hall Iic punished with the penalties of 7 r he m/Or
and fine Of front 12,.')() to 12,00 pwetas.
Ile who, without sutlicient authorization, should send out vessels for privatoering shall be punishd with the penalties of c/e'i'n liiporw/ and a i iii Of froth 4,250 to 62.500 pisetas.
ART. 119. Ile who in time of wxar holds correspondence with the hostile ' oiiuiint v or tirritory occupied by its troops shall be punished: 1. With the penalty of p,/>r/in mao/r, if s vci cOIrrspondence is carried on by ciphers or codes agreed on between the parties.






131

We hereby certify that the foregoing translation of the Penal Code in force in Cuba and Porto Rico, is correct.
(Signed) FRANK L. JOANNINI,
()Ifiil Tpanlaletor,
DivisiOn of c'tstoms and JnSular 1fair.s, i17'/ J'partiment.
(Signed) M. E. BEALL, AxistOtt.
I hereby certify that Frank L. Joannini is the official translator of the Division of Customs and Insular Affairs of the War Department.
(Signed) CIatNCE R. EDwARD5s,
Lt. Col. ,7t Voy. . -. , Cb;'ti ' >iin






122


1. Those who shall institute or take an active part in -callithumpian concerts " or other tumultuous meetings, thereby offending any irson or disturbing public tranquillity.
2. Those who in rounds, or other nocturnal revelries shall, without committing a crime, disturb public order.
3. Those who shall cause disturbance or scandal through their drunkenness.
4. Those who, without being included in other provisions of this code, shall lightly disturb public order by using means that naturally would produce alarm or disturbance.
5. Those who shall lack in the respect and consideration due to the authorities, or shall disobey them lightly, by failing to comply with the special orders that they may give them, provided such want of respect or disobedience should not constitute a crime.
6. Those who shall offend the agents of the authorities in the exercise of their functions in a manner not constituting a crime, and likewise those who shall disobey them on similar occasions.
7. Those who shall not give the authorities such aid as they may call for in cases of crime, fire, shipwreck, inundation, or other calamity, should they have been able to do so without damage or personal risk.
ART. 598. Those who shall conceal their true names, residence, status, or place of domicile, either from the authorities or from any public official who should ask it by virtue of his office, shall be punished with a fine of from 70 to 200 pesetas.
ART. 599. The following shall be punished with a fine of from 15 to 125 pesetas:
1. Those who shall practice a profession that requires a diploma, without possessing one.
2. Those who, in violation of the orders of the authorities, shall appear in public wearing masks at a time when it is not permitted to do so.
3. Those who carry arms without permission to do so.

TITLE II.
MISDEMEANORS AGAINST PUBLIC INTEREST AND THE GOVERNMENT OF TOWNS.

ART. 600. The following shall be punished with penalties of from one to ten days of arrest or a fine of from 15 to 125 pesetas:
1. Those who shall refuse to receive lawful money in payment.
2. Those who, having received in good faith counterfeit nionev shall spend it in a sum less than 325 pesetas and more than 70 after knowing of its falsity.
3. The traders or vendors who shall keep measures or weights artfully contrived to defraud, or who in any manner whatsoever shall








price or promise of reward; (3) by means of flood, fire, or poison; (4) with deliberate premeditation: (5) with vindictiveness, by deliberately and inhumanlv increasing' the sutiering of the person attacked.
A person guilty of assassination shall be punished with the penalty of rmlena bioporal in its maximum degree to death.
ART. 415. The slave who shall kill his master or his master's spouse, or any of the ascendants or descendants of the same living in his household, with the attendance of any of the circumstances specified in the preceding article, shall be punished with the penalty of cadena pjpetoo to death.
The same penalty shall be imposed on the freedman who shall kill his patron, if any of the aforesaid circumstances are attendant

CHAPTER III.

HOMICIDE.

ART. 416). He is ,-uiltv of homicide who, not being covered by the provisions of article 41t. shall kill another without the accompaniment of any of the attendant circumstances specified in article 414.
A person guilty of homicide shall be punished with reclusin

ART. 417. A slave who, without the attendance of the circumstances specified in article 414, shall kill his master or master's spouse, or any of the ascendants or descendants of the same living in his household, or the person charged by his master with his supervision, custody, or direction, shall be punished with the penalty of ,eeblstn tempowIl in its medium degree to ree/osh% jj)ctw.
The homicide cominntted 1y a freedman upon the person of his patron shall be punished with the same penalty.
ART. 418. When several persons are struggling and fighting together confusedly and tumultuously, a death resulting therefrom, the author of which can not be ascertained but those who inflicted serious wounds are found, the latter shall be punished with the penalty of prisidn 9nwylr.
Should it not be proven who inflicted such serious wounds upon the person assaulted, there shall be imposed upon everybody who used violence against his person, that of prisin correcebmo/ in its medium and ina xiiitint de grees.
Air. 419. lIe who glres his assistance to another to commit suicide shall he p wished with the pe naIty of pr/s/nA moytw; if his assistance should extend to the point of himself taking such person's life, he shall be punished with the penalty of rec/oshdo temporal.






139

son has been condemned to be deprived of his liberty, the punishment imposed on the perjurer shall be equal to the one imposed on the accused.
V. The judge or court, at the time of passing sentence on a perjurer, will take into consideration whether the victim of perjury who may have been condemned shall have or not begun to serve the term imposed.
VI. The provisions of the Penal Code in force regarding false testimony are amended in conformity with this order.
ADNA R. CHAFFEE,
Briyadier-General, U. S. Vlunteus, 0hief of Staff.


No. 150.

HEADQUARTERS DivISIoN OF CUBA, ILHaana, Aj)il 10, 1900.
The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order:
1. Paragraphs 1 and 3 of article 342 of the Penal Code are hereby revoked.
1I. Paragraph 4 of article 467 of the Penal Code is amended to read as follows:
"In all eases provided for in this article the implied pardon alone shall discontinue the criminal action or remove the penalty, should this have been already imposed upon the culprit."
ADNA I. CHAFFEE,
Brigadier-Gnerai, U. S. I'luntbxrs, ('/dyf if 8tif.


No. 165.

HEADQUARTERS DIvIsION OF CUBA, IJfrdana, Aped 19, 1900.
The military governor of Cuba, upon the recommendation of the secretary of state and government, directs the publication of the following order:
I. On and after the 1st day of June, 1900, cockfighting is hereby prohibited within the limits of the island of Cuba.
II. A fine of five hundred dollars will be imposed upon each and every transgressor of this law.
III. All laws or orders or parts thereof in conflict with this order are hereby revoked.
ADNA R. CHAFFEE,
Brigadier- General, U. S. VlTlunteers, Chicf (f Stiff.







168

Article.
D eportation ---------------------- --------- --- .- ......-.....-......... 211
D eposits ----------------------------------------.---- .....-- ..- .... -.. . 559
Despatches, bulls, briefs, etc., illegal execution of ----------------------- 142,144
DestructionMalicious, of property . ...---------------------------------------- 572 et seq.
Or alteration of landmarks fixing the bounds of towns, etc-------------- 546
Detention, illegal, of senators and deputies--------------------------------- 168
Diplomas necessary to exercise a profession ----------------------------- 339, 599
Discharge of firearms....----------------------------------------------- 421,595
Discretion of courts in punishment of misdemeanors.----------- ------------ 628
Disguise, craft, or fraud-------------------------------------------------- 10
Disinterments of human corpses, etc ----------------------------------- 345, 346
Disobedience ------------------------ --------------------------- 376 et seq.
Disorders, public . ...----------------------------------------------- 267-272,596
Disqualification, penalty of---------------------- 24,26,27,30,31,38,44,45,88,127
Disturbances, duties of authorities in case of.------------------------------- 254
Divinations and other abuses of credulity --------------------------------- 614
Divorce, effects of final decree---------------------- --------------------- 451
Documents:
Faithlessness in the custody of. . ..----------------------------------- 371,373
Falsification of. (See Falsities.)
Dowry:
Of a woman seduced----- ------------------------------------------ 468
Of a woman who contracted an illegal marriage in good faith------------ 499
Druggists. (See Pharmacists.)
Drunkenness:
Extenuating circumstance--------------------------------------------- 9
Causing scandal -------------------------------------------------- 597
Duel----------------.------------------------------------- 438-446, 165,264
Duration of penalties..-------------------------------------------- ------ 27-29
(Table of division into degrees and their duration- (Appendix.)
Duty, fulfillment of, exempts from liability -------------------------------- 8
Ecclesiastical ministers ------------------------------------------ 142, 275, 459
Ecclesiastics, special provisions relating to ------------ 38, 142, 275, 310, 369, 371, 388
Education of children, abandonment of----------------------------------- 611
Election frauds.---- .. ..----------.---------- ---------------------------- 179-189
Elections (crimes)-------------------.---------------------------------- 245,267
Emigration, criminal . .-------------------------------------------------- 150
Employees.---. ------- -------------------------------------------------- 19
Esealamiento . . ..--------------------------------------------------- 10,526,530
Exorbitant fees by public employees -------------------------- 212, 215, 407-410
Extenuating circumstances in crimes -------------------------------- 59, 76-79, 910
Extinction of liability ------------------..---------------------------- 130,133
Execution of penalties. (See Penalties.)
Failure, criminal .. ...------------------------------- ------------------ 547,557
Faithlessness in custodyOf prisoners . ...-------------------------------------------------- 369, 370
Of documents....---------------.----------------------------------- 371,373
False keys. (See Keys.)
False rum ors----------------------------------------------------------- 568,601
False swearing. (Nee Perjury.)
Falsities and falsificationsIn elections . .-..---------------------- ---------------------------- 179-189
Of the signature or stamp of the King -------- --------------------- 276-278





90

Am'r. 42.5. The wvomlal Who Shall caluso hlr "wN abortion, or cons~ent to a1n othI, r pI.-Iron d i IIg it, shia I be I, ImIi, Ild with />/w..cor ./o a ill its mildimn and mlaximumill dc'greols.
If si should do co to hide hir .ini, ii shall inciri the penalty of pris;'In Awr. 42G. A physician who, by wroniful use of his skill, shall ,,aus- tilt abortion, or moop-rate thI-roin, shall respectively nuri their hijhect digrles the peliltiS prlicilled ill article 423.
The phiartniwist who, without the proper doctor's prescription, shall '('ll it medicinle for prothw ing an1 abortion, 'hall incilr the penalties of ,rr,st / w o .....!/,.:nd :I fin, (if from : 2-5 To :;,*'.I' pIw-tit.

C 'krrlliu Nll

isisi IS\lalis INLITEI iY \ I iLFNiFE (LEsIoNEs).

A tr. 427. iie wo shall Iiplosely Vitrtlate another shall be punished with tile pniitty If PI /Is/%; /, ,,p- '// to is ,/csii, piirqitw.
AR. 42$ Any othir mutilation of tile li-ron likewise purposely comlmiilittid shall bli punihliiid w ith tIle peiialty if re'lscii " iipiril.
A int. 429. lie wIt shall wioinid, lirii, M' altreat another shall be puish'led it. gulilt.\ of I alu ing w'rious. phys\ ical injuries:
1. W ith the piialty If /sb ....y"' if, is the result if the injuriiis, the( p-rsoln a-aolted hccalli anl imlbecile, impotolit, or bdlind.
2. NV ith that If ,pr/c,,i cur, ,eiic/ ill its llidiilll and iltaximtumi diires if, ies it r lt of ouih injuri ii, the p theon aiaulted should have lo't all eyo III alny principailiber, or letild have been hindvred ill tht, IT- th(.r-of, III he-om't 11-1-, for thl, occupation inl which, li) to that timw, he had been habitually xgsagd.
3. With hw rialty of --ii t -tritd/tit / il its mininim and
attdiul de tles if, ais the result of sticf injuri, thi person asailted Ihotild haNve beeni deformed, or had lost a member not a principal oil(, o. holdl have hado it renderi-d 11'elo". or should hlaN, btevn, for it period of imiorii thai n iig ty y ill. III ace iNa for his aticsal iliUhatio i.
4. With that III appr,t e ill it, mlaxinniuln deg"reet 7r/d
"Ir""/da ill it, mlinlinuln dtir if ILWIh ilijUril. should have occasion"'d (lh assaultvd party% :ti illncs or disability\ for work lasting miore than thir'ty \d(iy\.
If th, act should Ib, -onmiitted against any' of the persons specified in article 41.', (,r with any of tho att(.1danit circums'tanlies spef ified ill article 414, the penaIM160 shatll he those If r Ic/"/ I 1e, 1oa ill it, med'Ciumll :111 ma1:xi]IIL I grI ill th" "iL- Of No. I of thi, article, iand thlt (If praa orrin/in it, maxiinittn degree to prision1
nyrinl it, mininumn diegre, inl the cat- of No. 2: that of r/d
cre n /ill it, o d1hfunil anII, n iin un desee ill the caeof No. 3:







43


CHAPTER IV.

CRIMES OF PIRACY.

ART. 153. The crime of piracy committed against Spaniards or the Objects of another nation not at war with Spain shall 1W punished with the penalty of owl', t, 1,o/QrOl to toden it J,/tJ '7 / If the criien should he committed gaginst nonbItelligerent subjects of mother nation at war with Spain it shall be punished with the penalty >f pn 1re/it /gWyr.
ART. 154. Those who commit the crimes referred to in th first para:raph of the preceding article sliall incur the pi naltv of cwd, /w Jw/ietin to death: and those who commit the crimes referred to in the second paragraph of the same article that of codIlno tnio'stln/ to odena Jiilrf it:
1. Provided that they have taken any vessel ly boarding or liring mipon her.
2. Provided that such crine should be accompanied by assassination, homicide, or b my any of the physical injuric s inflicted on persois speciled iii articles 427 and 428 and in nuiiems t and 2 of article 429.
3. Provided that it was accompanied by ammv of the outrages against :hastity specified in Chapter IL Title IX, of this hook.
4. Provided that the pirates should have abandoned amy persons without means of savig themselves.
5. In every case, the captain or leader of the pirates.

TITLE I.

CRIMES AGAINST THE CONSTITUTION.

CHAPTERu 1.

CRIMES OF LSE-MIAJEsTNi, AGAINST TilE CORTES, TilE COUNCIL OF
MINISTERS, AND AGAINsT THE FORI OF GOvERNMIENT.

SECTIoN I.- (ON tiw ut /

ART. 155. Upon any person who shall kill the Kine there shall be ilnposed the penalty of it i jO,?),hw / iii) to death.
Am. 156. If the crime referred to in the foregoiig article he frustrated or attempted, it shall 1w punished with the penalty of n7 Ossoa ttinuo'/ ill its iiaxilmlumii degree to death. The conspiracy to execute with that Of ,ri t ttiO/.
And the proposition with that Of j r , /it i/ru'.
ART. 157. The following shall be punished with the penalty of
reclui ttin tuttjiotl to '1cli i n j 1 t])t/ o :
1. Those who shall deprive the King of his personal liberty.






73


3. With the penalty of presidio mayor, if the accused should have been condemned in the cause to cadena perpe/ta and should not have begun to undergo the same.
4. With the penalty of presidio correccional, in its maximum degree to that of presidclio mayor in its medium degree, if the accused should have been condemned in the cause to suffer any other corporal punishment and should have begun to undergo the same.
5. With the penalty of presidio cwrreccional in its medium degree to presidio aieyor in its minimum degree, if the accused should have been condemned in the cause to any other corporal penalty and should not have begun to undergo the same.
6. With the penalties of pe)sidio correccional in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas, if the accused should have been sentenced in the cause to a correctional penalty and should have begun to undergo the same.
7. With the penalties of Ipresido correccional in its minimum and medium degrees and a fine of from 375 to 3,750 pesetas, if the accused should have been sentenced in the cause to a correctional penalty and should not have begun to undergo the same.
S. With the penalties of arresto imayor in its maximum degree to presldr curreccioiwl in its minimum degree and a fine of from 325 to 3,250 pesetas, if the accused should have been condemned to a light penalty and should have begun to undergo the same.
9. With the penalties of r"esIo mwyorl and a fine of from 325 to 3,250 pesetas, if the accused should have been condemned to suffer a light penalty and should not have begun to undergo the same.
ART. 321. le who, in a criminal cause, shall give false testimony in favor of tile accused shall be punished with the penalties of arre~so nwyorn in its Inaxinmum degree to pr"Win clrreccrnrd in its medium degree and a fine of from 375 to 3,751 pesetas, if the cause were for a crime; and with that of rp,-r.to layor if it were for a misdemeanor.
ART. 330. The penalty of lrr iwtr gryri? in its mnininlum and medium degrees shall be imposed on the person who, in a criminal cause for a crime, shall give false testimony that neither prejudices nor favors the accused.
ART. 381 False testimony given in a civil cause shall be punished with the penalty of ,rstr nnrn in its maxiium degree to pre8rdri, cor'eciornjrrl ill its medium degree and a tine of from 625 to
6.25 pesetas.
If the amount of the claim should not exceed 625 pesetas, the penalties shall be those of trr,,) iayor and a line of from 625 to 6.250 pesetas.
ART. 332. The penalties of the preceding articles are applicable in their maxinnun degree to the experts who testify falsely in judicial proceedings.







174

Article.
Re/ega-on ---. -------- . --- - .--- .....-.- .--- ...- . 24, 27, 54, 58, 88, 92, 95, 109
Religion:
Crimes against the free exercise of-------------------------------- 230-236
Misdemeanors -. .---------------------------------------------------- 594
Relinquishment of foundlings -------------.------------------------------ 611
1 j uir of damage----.------------------------------------------- 119,121,123
Resistance and disobedience -------------------------------------------- 261
Restitution ------------------... ---------------------------------- 119,120,123
Retroactive effect -------------------------------------------------- 2, 20,21
Rights:
The deprivation of, established in the civil laws in a penal form not considered penalties -------------------------------------------------- 23
Of individuals, crimes against ----------------------------------- 177 et seq
Robbery---------------------------------------------------------- 520-534
Liability of innkeepers, etc------------------------------------------- 18
Sacred places---------------------------------------------------------- 10
Sanitary regulations ----------------------------------------------------- 603
Scandal, pulblie (crimes of) .--------------------------------------------- 456, 458
Schemes to increase or reduce the price of goods ..--------------------------- 509
Seals and marks, falsified. . ...------------------------------------------- 279-289
Secrets, violation of, etc.-------- ------------------------ 367,374,375,517-519
Secret societies. . . . ..---------------------------------------------------- 186,191
(8ee Meetings.)
Security of the Slate .. ...---------------------------------------------- 134 et seq
Sedition ... ..---------------------------------------------------------- 245-257
Seduction. . .. ..--------------------------------------------------------- 459,467
Seizure with violence of a thing belonging to a debtor, etc ------------------- 516
Self-defense exempts from liability ---------------------------------------- 8
Servants. ........- ..--- ..- ....- .--------- . ..- ---------- ----- ..... 19,459,608
Sex, influence in lialility and penalty .------------------------------- 10, 94, 103
Sexual crimes. (Wee Adultery, Rape, Bigamy, etc.) Signature of King, imitation of --------------.--------------------------- 276-278
Special laws.------------------------------------------------------------ 7
State, crimes against the . ...-------------------------------------------- 134-154
Streets and squares, violation of regulations ..--... -.... -.. ...-........... 604, 607
Students. . ..-------------------------------------------------------------- 19
Subornation ----------------------.. . . . ------------------------------.- 392-400
Suicide . ..---------------- --- ------------------------------------------ 419
Supplies.------------------------------------------------------------- 601
Support of illegitimate children..----------------------------------------- 468
Surgeons. (Se, Physicians. )
Suspension (penalty of) defined, effects of, duration, etc ------------------- 23, 24,
26, 27, 36-38, 40, 88, 95,132
Suspension of public employees, when not considered a penalty.------------- 23
Syndis--..------------------------------.------------------------ 467
Tavern keepers -.. ..----------------------------------------------- 18, 600,608
Teachers, liability---------------------------------------------- 19, 459, 469
Temporary expulsion.--------------------------.--.----- 24, 27,58, 87, 88, 92, 110
Thft. ..--------------------------------------------------------- 18, 535-538, 614
Threats and coercion --------------------------.. . . ----------------- 512-516, 612
Which constitute outrages against deputies, senators, authorities, etc - 165, 166 262-266
Of the King ...--------------.----------------------------------- 159,160
(See Public Authorities.)







69

ART. 305. He who knowingly shall negotiate or make profit in any other manner, to the prejudice of a third person, of a counterfeit security of those included in the preceding articles, shall incur the penalties of presidio corriccional in its medium and minimum degrees and a fine of from 375 to 3,750 pesetas.
ART. 306. He who shall present in any judicial proceedings any security payable to the bearer, or its coupons., knowing their falsity, shall incur the penalties of pne'db' corriccional in its medium and minimum degrees and a fine of from 325 to 3,250 pesetas.
ART. 307. He who shall counterfeit stamped paper, telegraph or postage stamps, or any other class of stamped articles whose sale is reserved to the State, shall be punished with the penalty of jpresidio mayo.
The same penalty shall be imposed on those who introduce the same into the territory of Culba or Porto Rico, or on those who circulate them in connivance with the counterfeiters or introducers thereof.
ART. 308. Those who, without being in connivance with the counterfeiters or introducers thereof, shall knowingly acquire false paper, stamps, or articles of the kind mentioned in the preceding article, in order to circulate them, shall be punished with the penalty of presidio corrn'colod in its minimum and medium degrees and a fine of from 375 to 3,750 pesetas.
ART. 309. Those who, having in good faith acquired public securities of the character mentioned in the foregoing article shall circulate them, knowing their falsity, shall incur the penalty of aresto mayor in its rmaximumn degree to prtision corr,,ccional in its minimum degree.
Those who merely use them, having knowledge of their falsity, shall incur a fine of from five to ten times the value of the genuine paper or securities they may have used.

CHAPTER IV.

FALsIFICATION OF DOcUMENTS.

SFcTIoN L-1l. 1pid iti o/ oftwoicial n o iMercial (loculntwS and


ART. 311. Th prnaltivs of ,ol, no ae mpowl and a fine of from t,250 to 12,50) pesetas shall be imposed on a public otticial who, taking advantage of his authorit v. ]hall conuni it a falsification1. By Counterfviting or figning any writing. signature, or rubric.
2. By including in any act tie participation of persons who had no such participation.
3. By attributing to those who were present thereat declarations or statements different from those which they rnade.






140


No. 217.

HEADQUARTERS DIVISION OF CUBA, Habana, May 28, 1900.
The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order:
1. Anyone who maltreats any animal, either by subjecting it to excessive work, or by treating it in an improper manner, shall be punished by imprisonment for a period not exceeding five days or by a fine of not more than twenty-five dollars. The amount of weight that may be transported in vehicles or by each animal shall be fixed by each municipality.
II. Anyone who cruelly beats, tortures, injures, maims, or kills any animal, whether wild or tame, and whether belonging to himself or to another, shall be punished with imprisonment for a period of not less than five days nor more than fifteen, or by a fine of not less than five dollars nor more than fifty. The same penalty shall be imposed upon any person who permits or procures in any way the commission of the acts above mentioned.
111. The penalty provided for in Article II shall also be imposed upon any person who, being the owner, possessor, or having charge or custody of a maimed, diseased, disabled, or infirm animal, abandons it, or leaves it to (lie in a street, road, or public place. or who allows it to remain more than three hours in a street, road, or public place after he receives notice that said animal is left there disabled.
Any agent or officer of the municipal or rural police, or of any incorporated society for the prevention of cruelty to mammals. may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, which appears, in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered or diseased past recovery for any useful purpose. Whenever the nature of the disease is such as to involve danger, the agent or officer may destroy the animal without consulting' the abovementioned citizens.
IV. In transporting animals or cattle, railroad companies are charged not to overload the cars, nor continue their confinement in cars for a longer period than twent -four consecutive hours without unloading the same for rest, water, and feeding, nor shall such animals be kept without water and feeding for over ten consecutive hours. A railway company or an owner, agent, consignee or person in charge of the animals or cattle who commits any of the above acts or allows them to be committed shall be subject to a penalty of not less than twentvfive dollars nor more than two hundred and fift. Said penalty shall be not applicable whenever the unloading of the animals or cattle for rest, water, or feeding may have been unavoidably prevented; nor






117

ART. 576. If the damage caused in the cases of Nos. 2 and 3 of the foregoing article should not exceed 6,250 pesetas, but should be more than 650, there shall be imposed upon the culprit the penalty of presidio crreccional in its medium and maximum degrees.
If it should not exceed 650 pesetas the penalty of presidio (or(cclonal in its minimum and medium degrees shall be imposed.
ART. 577. The following shall be punished with the penalty of presidio correccional in its maximum degree to pretidio mayor in its medium degree if the damage caused shall exceed 6,250 pesetas:
1. Those who shall set fire to an edifice used as a dwelling in an uninhabited place.
2. Those who shall set fire to grain, pastures, woods, or plantings.
ART. 578. If the damage caused in any of the cases of the foregoing article should exceed 650, but not be more than 6,250 pesetas, the penalty shall be that of pesbdlo correccienel in its medium degree to presidio mayor in its minimum degree.
ART. 579. If it should not have amounted to 650 pesetas, the penalty next lower by one degree shall be imposed, provided fire should have been set to a building; and that lower by two degrees if it should have been set to grain, pasture lands, woods, or plantings.
ART. 580. When, by reason of having set fire to grain, pasture lands, woods, or plantings, there should have been danger of its spreading, on account of other properties being adjacent to those on fire, there shall be imposed a penalty higher by one degree than that prescribed for the crime.
ART. 581. Setting fire to things not included in the preceding articles shall be punished:
1. With the penalty of aerre.s/o umayor in its medium and maximum degrees, if the damage caused did not exceed 125 pesetas.
2. With the penalty of ,rresb, mayw, in its maximum degree to Pr.eido eorreccional in its minimum degree, if the damage caused should exceed 125 lut not le more than 1,250 pesetas.
3. With that of pesidio correc(iowll in its minimum and mediuni degrees, if the damage caused should exceed 1,250 and not exceed 6,250 pesetas.
4. And with that of pesidit reA/i/wl in its medium and maximum-degrees if it should exceed 6.250 pesetas.
ART. 582. In case of fire having been set to huts, ricks, or sheds that are unoccupied, or to nv other object whose value does not exceed 625 pesetas, at a time (r under circumstances that manifestly exclude any danger of its spreading, the culprit shall not incur the penalties prescribed in this chapter, but those he may deserve for the damage caused, in accordance with the provi-ion of the following chapter.







17

the tiie of till, publication of said laws a final sentence should hlve beeni pronioiuniced and the convicted person is serving his sentence.
Air. 22. The pardon of the offended partv does not extingIiuisli a penal action. This is not underrntood with resirld to crimes which ian nOt. be prosecuted without the previous denunciation or consent of the inj oreld )aI'tV.
Civil liabilitv with regard to the interests of the party condoning an offeise is ixt inguished by his express renunciatioi.
Ala. 23. The following shall not be considered as penalties:
1. Detention ald teipolarv contiiientent of the acnsed persons.
2. Suspension froii public emnpliivieiit or office ordered duIng proceedings, or ili order to institute them.
3. Fines and other corrections which, ill the use of their admllilistrative or disciplinarv powers, superiors imya impoe upon their sliordiniates or. uponl thlos(1 under. their direction.
4. Deprivatii of rights and reparatiols, which the civil laws Iitay establish in peltal form.
CHAPTER 11.

CLASSIFICATION OF PENALTIEs.

Ai'. 24.1 The penalties which may be impoid according to this code, and their different classes, are those included ill the following general scale:
Co )r lrrtcpi/in jsijei; Pepetual expulsion; rwilra ltIwr // i dur/n
temn~al;rer /ac , tmpww/a; temporalry ex pulsion ; pr "(/( yille nyol ; i/tsa' " iidyror; cioa nool.tn; pirpetual absollite disqalitiieitioi; temporary v absolute disqualitiation; pi rpetual Ispciiil disquaifiationl from public office, till r-ight of suilyrag, active and pas'ivc, anld froml the exircisv of a profession or trailde; tilmiporary special disqualiticatiito ftrom a it UbliC OfilCe, tile righlt if siflirat e, both active and JiassiVc, and from the exercie of .t profession or trade.
('iir n ri/ar i/fiar's.-1P'r so/o, n/i, ci Or/i/7; jocxini crei/V' nar
baliishiltirt; public censure; suspension from pibli office, active iail passive right of sutfraie, d111d from the ixercie of a profession or trail mrsf /i// r.
LIr/Irt J0ai s.-1, ~/rr ,iur /i '. private censtire.
P wilti" cmpmmlnt 10ti bn pc trr5 // ji r/1Ir.- iDe-rtl-ia tioi: civil interdiction; ubj(..iot 1 to the snrveihlaice of the a:iithioiitiis; forfeiture oii confiscation of the instruients ziid proceeds of the crime; paylieit of costs.
Alr. 23. A fine, wholn imposed as the pritripail peltlatY, shall be considered as a iii1.O10oral penIialty if it exceeds 6,250 pesetas: isrie

'Sec Orrr Nr. 26, Isrrirs tivi r (a Jaay S 0, 1 r90 e US.
1571 2







72


alties lower by two degrees than those corresponding to the falsification for which they are proper.
ART. 324. The official who, in order to execute any falsification to the prejudice of the State, of a corporation, or of an individual, in whose service he may be, shall make use of legitimate tools or instruments intrusted to him, shall incur the same pecuniary and personal penalties that correspond to the falsification committed, being imposed upon him in their maximum degree; and he shall furthermore incur a penalty of from temporary absolute disqualification in its maximum degree to perpetual absolute disqualification.
ART. 325. Those who without being included in the preceding article shall take possession of the legitimate tools or instruments mentioned in the same, and shall make use of them to execute any falsification to the prejudice of the State, corporation, or individual to whom they belong, shall incur the same pecuniary penalties and the personal penalties next lower in degree that correspond to the falsification committed.
ART. 326. If the profit which those guilty of the falsification punished in this title may have derived, or which they proposed to gain, can be estimated, there shall be imposed upon them a fine of an amount equal up to three times that of such profit, unless the maximum thereof were less than the minimum penalty prescribed for the crime, in which case the latter shall be applied.

CHAPTER VI.

FRAUDULENT CONCEALMENT OF PROPERTY OR INDUsTRY, FALsE TESTIMONY, AND FALsE ACCUSATION AND DENUNCIATION.

ART. 327. He who, upon being questioned by the competent adiinistrative official, shall conceal all or part of his property, or the trade or industry in which he is engaged, for the purpose of eluding thereby the payment of the taxes that ought to be paid upon the former or for the latter, shall incuir a fine of an amount equal to up to five times the value of the taxes which he ought to have paid, but in no case shall it le less than 325 pesetas.
ART. 32S. He wio. in a criminal cause, shall give false testimony against the accused shall bii punished:
1. With the penalty of acmnde t mjn ed/ in its maxiunc degree to ttde ait je ct, if the acetused should h aN'e been in sich cause sentenced to the penalty of death, and it should have been carried out.
2. With the pcjlty. of /'/n /t mired, if the accused should have been condenni-d in the cause to cient i ijicia and should have begun to undergo :iid penalty.
'See Order No. 116, Heaq quarters Division of Cuba, March 17, ii00, page 138.






38


The crimes of calumny and contumely are excepted, the first of which shall prescribe after one year and the second after six months.
Misdemeanors prescribe two months after their commission.
When the penalty prescribed is a compound penalty. the higher penalty shall le observed in the application of the rules contained in the first, second, and third paral-raphs of this article.
The term of the prescription shall commienc to run from the day on which the crime was coninitted: and if not known at the time, from the day of its discovery and the beginning of the judicial proceedings for investigation and punishmnent.
This prescription shall he interrupted from the commencement of the proceedings against the culprit, and the term of prescription shall conmence to run again from the time when such proceedings ternminate without the culprit being convicted or the proccelings have stopped, linless it Ihe through the default of the culprit ieing tried.
ART. 132. The penalties iniposcd 1) final stence prescribe:
Those of death and cm,/, 1),j to after tweitv years.
The remaining corporal penalties after fifteen years.
The correctional penalties after ten years.
Light penalties after one year.
The term of this prescription will begin to run from the day on whici the culprit was personally notified of the final sentence; or from the day of his breiaking the sentence, if lie had Ieglun to serve it.
It shall 1w interrupted, the time which has clap-;cd remaining wvithout effect, in case the culprit should preselit himiielf ori he captured, if he should have gone to a foreign counritry with wIich Spain may not have celehrated extradition treaties; or if, altholuglhl ho should have theiim, his crime should not he included ill their provisions; or if he slnould conuit a lie w crime before conipletinrg the term of the pre,criptioni -w without prejudice, however, to the latter beginning to run

A ar. 133. Civil liability ar*ising out of criimes or id lomeanors shall be exti nguished in the saline maii ner as other obligation-s in accordance with the rules of civil law.






111


shall incur, in addition to thi penalties which he may have incurred for the violences n committed by him, a tine of from 5) to 100 per cent' of the profit he may have derived therefrom, never being less than 325 pesetas.
Should it not be possible to estiniate said profit, a fine of from 325 to 3,250 pesetas shall be imposed.
ART. 546. Whosoever shall alter boundaries or landmarks of towns or estates or any other marks intended to fix the limits of adjoining estates, shall be punished with a fine of from 50 to 100 per cent of the profit he may have derived or might have been able to derive therefrom.
Should it be impossible to estimate said profit, a fine of from 325 to 3,250 pesetas shall he imposed upon him.

CHAPTER N.

FRAUD.,.

SECTION 1.,1nu '0I(1 / (wI (1/n T 1 el/O Ali 'nr/x ncy 61/.

Ar. 547. He who shall abscond with his property for the purpose of defrauding his creditors shall be punished with the penalty of pr-/~d/) mayo, if he were a merchant, and otherwise with that of precs/(, core,,/ow/ in its maximum degree to prio o mlwyor in its medium degree.
ART. 548. The bankrupt merchant who should he declared guilty of fraudulent insolvency in accordance with the Code of Coimnerce, shall be punished with the penalty of presidio cli orrcc1ow in its maximum degree to prehid/o moayw in its medium degree.
ART. 54!. The bankrupt merchant who should he declared guilty of culpable insolvency through any of the causes mentioned in article 1005 of the Code of Comnnerce, shall incur the penalty of prisio correccion/ in its imininun and medium degrees.
Bankrupt merchants who should not have kept books of account in the manner and with all the requisites prescribed in the second section of Title 11 Book I of the Code of Commerce, if. owing to the defects and omissions therein. prejudice should have resulted to a third perSol), and those who should not have declared themselves in bankruptcy within the period and iin the manner prescribed in article 1017 of said code, shall be punishved with the penalty of r to yor.
ART. 550. In the cases of the two preceding articles, if the loss occasioned to the creditors should not reach 10 per cent of the respective credits, the penalties next lower than those prescribed in said articles shall be imposed upon thn bankrupt.
If the loss should exceed 54) per cent, the penalties prescribed in the said articles shall be imp11sed ill their mnaximumi degrees.
ART. 551. The penalty is prescribed iin the three preceding articles







82

given the bond required by law, shall be suspended from said employment or office until he complies with the respective formalities, and shall incur a fine of from .325 to 3,250 pesetas.
ART. 381. The public official who shall continue in the exercise of his employment, office, or commission after he must cease therein in accordance with the laws or regulations or special provisions relating thereto, shall be punished with the penalties of temporary special disqualification in its minimum degree and a fine of from 325 to 3,250 pesetais.
ART. 382. The public oticial guilty of any of the offenses punished in the two preceding articles who should have received any fees or emoluments by reason of hiis office or commission before he was qualitied to exercise them or after lie should have discontinued therein shall he furthermore condeinied to restore such sums, with a fine of from [o to 5) per cent of their amount.
ART. 38:3. The public official who shall abandon his employment without his resigmmtion having been accepted, to the injury of the public interests, shall 1be punished with the penalty of suspension in its medimn and maxinun degrees.
If the abandonment of such employnient were made in order not to hinder, prosecute, or punish any of the crimes included in titles 1 and 2 of Book 11 of this code, there shall he imposed upon the culprit the penalty of Jisin corr cc/oo/ in its miniiumn to its medium degree, and that Of rr/ '', o mayor it his purpose vcre no( to prevent, prosecute, or punish any other kind of crimile.

CHAPTER Il.

USURPATION OF PREROGATIvEs AND ILLEoIAL APPOINTMENTS To OFFICE.

ART. ,84. The public official who shall infringe upon the prerogatives of the legislative power, either by prescribing regulations or general provisions in excess Of his powers or by annulling or suspending the execution of a law, shall incur the penalty of temporary special disqualiticationi and a fine of froni :87 to :hi/n pesetas.
ART. 3s.5. The judge who shall arrogate to himself prerogatives belonging to the administrative authorities , or shall prevent the latter from lawfully exercising their own, thall be punished with the penalty of suspension.
The same penalty shall be incurred b y N every. olIicial of the adiministrative branch of the Government w Iio shall arrogate to himself judicial prerogatives or prevent the execution of an interlocutory decree or decision rendered by a competent judg'.
Ai3r.36. '[lie public otlicial who, being lgallyN warned by writ of itiihiition, should continue to act before thie question of jurisdiction






34

Those sentenced to banishment shall he precluded from entering the police or places designated in the sentence or within the radins therein designated, which shall include a distance of 25 kilometers at least and 250 kilometers at most from the place designated.
APT. 115. The person sentenced to public censure shall receive it in person at a sitting of the court, with open doors.
The person sentenced to private censure ,hall receive it in person at a sitting of the court and in the presence of the secretary, behind closed doors.
ART. 116. A-iaoo may, shall be served in the public building provided for the purpose in the seats of judicial districts.
The provisions contained in the ccond paragraph of article 113 are applicable in their respective cases to those condemned to this penalty.
ART. 117. /),r, o/ .n j,, shall No served at the town halls or other
public buildings, or in the house of the culprit himself, if the sentence shall so declare, without his beng allowed to leave the same during the entire period of the sentence.
Apprentices, serfs (col'lnos), and slaves shall suffer the penalty at the house of their master. patron, or owner on the same terms as those expressed in the preceding parauraph.

SECTION I 11. e 8r i/7/t.

ART. 11S. A person sentenced to deg-radation shall, at a public sitting of the court, be stripped lv a 1bailiff of his uniform, robes of police. insignia, and decorations.
The stripping oil shall be carried out at the command of the presiding judgc, who shall order it, in the following mumanner: "Strip (1te 'nt1ti f //' j ,, 0so , /, eol) of his insignia and decorations, to wear which the law declares him unworthy'. The law degrades him because he has degraded himself."

TITLE IV.
CIVIL LIABILITY.
Aur. 10. Thte civil liability t'stablishtd in Chaptt'r IT. Title IT. of this book inciud's: (1) Rw'tittition, (2) reparation for the dzinntge caused, (3) indet'ttiitittot for b sses, (4) enforced mianuiission.
AnT'. 120. Thlte restitution of the thingt. itself miust le made, if possible, with payment for deterioratiots or dimilnutions of value, to be apprais'tid by the cturt.
Restitutin .shall Ile mlade, even thiitih the thin" mIav be in the posm'"in of a third ptei'r wh 11;1d1 acquttirud it in a legal inutner, reservin", towver, his action tgtinst the proper person.
Thi prttisit is not :tpplicald too a case ill wtich the third person
ias 1itired titt thi ill the mnilier and with the requisites establi-liel b' law to Make it unrceCOverab.






112

are applicable to merchants, even if not registered, if they are habituallv engaged in trade.
ART. 552. Those who shall commit any of the acts mentioned in article 1010 of the Code of Commerce shall be punished as accomplices in the crime of fraudulent insolvency.
ART. 553. The bankrupt not a merchant whose insolvency should be the result, in whole or in part, of any of the following canseS, shall incur the penalty of aireto nwyor in its maximum degree to pri(;n coireeimal in its minimum degree:
1. To have had domestic personal expenses in excess of and out of proportion to his means, considering the circumstances of his rank and family.
2. To have lost in any kind of games sums in excess of what an orderly father of family should risk by way of recreation in that sort of entertainment.
3. To have suffered losses in heavy bettings, fictitious purchases and sales, or in any other exchange t ransactions whose success depends exclusively on chance.
4. To have disposed of goods at a notable loss whose purchase price was still unpaid.
5. To delay in declaring his bankruptcy when his liabilities are three times his assets.
ART. 554. The bankrupt, not a merchant, whose insolvency should have resulted in whole or in part from any of the following acts, shall incur the penalty of piesidio (orrI5YYl/onl in its maxiinum degree to pres;/o imayoi in its minimum degree:
1. From having included fictitious expenses, losses, or debts, or concealed properties or rights in the statement of liabilities. the report of his assets, or the reports presented by him to the judicial authority.
2. Froni having appropriated or diverted properties belonging to others which had been placed on deposit with hini or given him on commission or for his management.
3. From having simulated the alienation or any encumbrance of, property, debts. or oligations.
4. Front leaving acquired properties for a valuable consideration in the name of another person.
5. From having anticipated, to the prejudice of creditors, payments not due until a period after the declaration of bankruptcy.
6. Front having diverted after the declaration of bankruptcy securities b elonging to the assets.
ART. 555. The provisions contained in article 550 tire applicable to ihe two preceding articles.
Air. 556. The following shall be punished as accomplices in the crime of fraudulent insolvency committed by a debtor not engaged in commerce who shall perform any of the following acts:










27


2. If neither extenuatin nor ari-avating circumstances should have attended the deed the lesser penalty shall he applied.
3. If an extenuating circumstance and no aggravating one should have attended the deed the lesser penalty shall be applied.
4. If both aggoravating and extenuatitng circumstances should have Attended the deed the courts shall make reasonable allowance therefor, with regard to their number or importance, in applying the penalty in accordance with the foregoing rules, according to the result proIn celd v sich allowance.
ART. 8i. In cases in which the penalty prescribed by law contains three dog'roes, whether it be a singe divisible penialty oi composed of three different penalties. each of which forms a degree, in acordance with tIe provisions of articles 95 and 9. the courts shall ob serve for the application of the penalty the following rulek according as to whether there are or not extellnuating or aggravatini g circunstances:
1. If neither agigravating lnor exten1u ating circnstances should have attended the deed they shall impose the penalty prescribed by LaNw in its Ilmed ium111 (1021-00.
2. If oilly al extenuating circumstance shoul( have attended the deed they shall impose the penaltv ill its milimmil degree.
3. If onlv an aggravating ciiriuistallce should have attended the deed they shall impose the penalty in its maximumn degree.
4. If both extend Iatitng1 and aggrllavatinig cirillistances should have attended the deed they shall make a reasonable allowance ill the designation of the penalty by couiterbalancing the weiiht of the one and tilt other.
5. If two or more very marked extenuating circlmistaniis and no aLogravatin circumstance should have attended the act tii court siall impiie the penaltv next lower to that prescribed 1 iv the law. in the lg ree t hat it con' idrs proper. according g to the tit11nm ter al d importance of such circumstances.
G. Whatever imay he the number and importance of the agnsravatinl circumstancS. tIle courts shall not impose a high er p-nalty thanl that prescribed hy law ill it mlaxinlumn degree.
7. Within th( limits of each dg ree the courts shall determine the extent of the p11nalty . in view of tii 11)111ier and illportancl of the agratg 11and extenuating circumstances and the greater or lesser extent of the evil produced by the crime.
ART. St. Ill those cases ill which the penalty'v prescribed 1b v law is not composed of three degrees the courts shall appl vly tIle rules contained in the foregoing article. dividing into three oqual periods the term embraced in the penalty imposed, forming one degree of each of the three periods.
ART. S2. In the application of fles the courts may go to the full limit within which the law permits their imposition. takin'. into cOnsideration. imi order to determine their aimiut il case, not only






149

10. Paragraph 8, of article 11, of the Spanish tariff law, in force inunediateli prior to the American occupation of Porto Rico, prohibited the importation of " pharnMaceutical preparations or secret remedies of unknown composition, or the formulas of which have not been published." (Aranceles de Aduanas, Disposicion Undecima, art. S.) With a view to carrying out the provisions of this former law, it is hereby ordered that on and after July 1, 1900, all proprietary, patent, or secret remedies sold in Porto Rico. shall bear upon the bottle, box, or package a number which shall correspond with the number on a duly attested formula, stating the constituents of the medicine or remedy, which formula must be deposited in the archives of the superior board of health of Porto Rico. A fee of twenty-five ($25.00) dollars will be paid to the superior board of health of Porto Rico, for the registration of each formula deposited under the provisions of this paragraph, which money, after deducting the necessary expenses of registration, will be turned into the treasury and applied toward the support of the laboratory of the superior board of health.
11. No pharmacist, not a legally qualified physician, shall prescribe for the sick. Every bottle, box, or package containing any medicine or drug, must, when dispensed, be labelled with the name of the same, or if dispensed on prescription, with the number of the prescription and the name of the physician who wrote it, as well as that of the pharmacist who compounded it. Pharmacist will file all prescriptions dispensed by them, and must not sell arsenic, strychnine, or their compounds, or other drugs connonly known as deadly poisons, except upon the prescriptions of legally qualified physicians. Before such sale is made, the name of the drug and its quality, the name of the physician prescribing it, and also the name of the purchaser, shall be entered in a book especially kept for the purpose. The purchaser shall sign his name in the book Ielow the entry nade by the druggist. Every bottle, box, or package (ontaining a dangerous drug, shall be distinctly labelled -POISON,' and the purchaser shall also he warned of the nature of the article.
12. Violations of any of the provisions of this order, or of any remaining provisions of General Orders, No. 151, series of 1S99, these Headquarters, shall, upon conviction, be punished by a fine of not less than ten (11 .oo) dollars, nor more than two hundred (200.00) dollars, or by imprisonment for not less than five nor more than ninety days, or by both such fine and imprisoniuent at the discretion of the court. The distri( t courts instituted by General Orders, No. 114, series of 1899, these headquarters, shall have jutrisdictioni in cases arising under this order, subject to the provisions of General Orders, No. 88, series of 1899, these headquarters.
By conimand of Brigadier-General Davis:
W'. E. ALM-,
Actin~y Adjutdant- General.









105

should enter the same in order to render some service to hunmanity or justice.
ART. 51l. The provisions of this chapter are not applicable to cafes, taverns, inns, and other public houses while they are open.

CHAPTER I.

THREATS AND ACTS ()W COMPULSION.

ART. 512. He who shall threaten another or his family with regard to their persons, honor, or property with an injury amiountin(g to a crime shall be punished1. With the penalty next lower in degree than that prescribed by law for the crime with which the person is threatened, if the threat should have been made by exacting a sum of iuonev or imposing some other condition, even though not illegial, provided the culprit attained his purpose. If the purpose were not attained, with the penalty 111 er by two degrees.
The penalty shall be imposed in its maxilunl degre if the threats should be made in writing oir throuio)h the imedimin of an emissary.
2. With the penalties of Irrwi/ w UIyr and a fine of from 8)2.7 to
3.250 pesetas, if the threat should have been unconditional.
ART. 513. lHbreats of an injur v not constituting crime, made in the manner mentioned in No. t of the foregoin iI article. shall be punished with the penalt v of rrt ywr
ART. 514. In all the cases of the two folregoing articles the personl making the threat may aiso be sentenced to give security not to ofend the person threatened. and in default thereof to the penalty of banishment.
ART. 515. Any person who, without lawful authorization, shall with violence prevent another frot doinlI what is not prohibited bv law, or shall compel him to do what hIt( does not wish, whether just oi unjust, shall be punished with the penalties. If 100t (Ilyer amd a fine of from 3.5 to 3,25)0 peseta..
ART. T(. HI who with violence shall appropriat a thing blolnging to his dlbtor in order to pay himself then.with 'hall be punishedl with the penalties of wy/ 0/ in its minimum degree 1nd a tine
equivalent to the value of the thing, but in no case lower thall 2 : pesetas.
CHAPTER \II.

DISCOVERY AND REVELATIIIN I>F I ECRETS.

ART. 517. Ie who in order to discover aInother's secrets shall ta I possession of his papers or letters and Iivulge such ,Irts. shall punished with the penaltic, of prisIII Ir/i 0/ ill it Illillinluill and mnediulml degrees and it fill( of from 325 to 3,2.50 pesetas.






71

shall give it in blank, shall be punished with the penalties of prisin correccional in its minimum and medium degrees, and temporary special disqualification.
ART. 317. He who shall make a false passport or cidula of residence shall be punished with the penalty of aeoto mayor in its maximum degree, to prison correctional in its minimum degree, and a fine of 325 to 3,250 pesetas.
The same penalties shall be imposed on the person who, in a genuine passport or cidda of residence, shall change the name of the person in whose favor it may have been issued, or of the authority which issued it, or who shall alter it in any other essential particular.
ART. 318. He who shall make use of the passport or edula of residence referred to in the preceding article shall be punished with a fine of from 325 to 3,250 pesetas.
Those who shall make use of a genuine passport or cidda of residence issued in favor of another person shall incur the same penalty.
ART. 319. The physician who shall deliver a false certificate of illness or physical injury, for the purpose of exempting a person from any public service, shall be punished with the penalties of arrk.sto mwy/r in its maximum degree to pr"ision corriciOlwt in its minimum degree and a fine of from 325 to 3.251) pesetas.
ART. 320. A public official who shall issue a false certificate of merit or service, of good conduct, of poverty, or of other similar circumstances shall be punished with the penalties of suspension in its medium and maximum degrees and a fine of from 325 to 3,250 pesetas.
ART. 321. An individual who shall falsify a certificate of the kinds mentioned in the preceding articles shall be punished with the penalty of a I, /esto /I ayol'.
This provision is applicabl to the person who shall make use of such false certificate knowingly.

CHiAPTER V.

PROVISIONs APPLICAiLE To) THE FOUR PRECEDING ChAPTERS.

ART. 322. Ile who shall manufacture or introduce dies, seals, marks, or any other kind of tools or instruments whatsoever knowingly destined to the falsifications referred to in the preceding chapters of this title, shall be punished with the same pecuniary penalties and with the personal penalties next lower in degree than those respectively prescribed for falsifiers.
ART. 323. He who shall have in his possession any of the tools or instruments referred to in the preceding article, and should not give a satisfactory explanation as to their acquisition or preservation, shall be punished with the same pecuniary penalties and the personal pen-













MODIFICATIONS OF AND ADDITIONS TO THE PENAL CODE, MADE
BY THE MILITARY GOVERNMENT OF CUBA.
No. 67.
HEADQUARTERS DIVISION OF CUBA, IThalno, .June 1, 1899.
The military governor of Cuba directs the publication of the following order:
I. So much of the decree of July 20, 1882, as extends the provisions of Article XIV of the Penal Code of Spain to the island of Cuba is hereby revoked.
11. The provisions of Article XII of the Penal Code of Cuba shall apply to all crimes and misdemeanors which may be committed by means of printing, engraving, or other mechanical means of publication.
II. The directors and editors of all periodicals, as well as the printers thereof, whether occupying these positions permanently or temporarily, shall be civil and criminally responsible, under the preceding article. for everythin published in such periodicals, while they are acting in the said capacities, and whether or not said writings, drawings, articles, or paragraphs be signed, provided the same be not published in the performance of official duty. The responsibility of the author is in no wise diminished by the terms of this order.
The term printer, as used herein, will be construed to mean the head of any establishment wherein the printing, writing, engraving, or publication has been done.
ADNA R. CHAFFEE,
Brigjadicr- Oeneral, Chief of Staf.


No. 112.
HEADQUARTEitS DmVisoN OF CUBA, flalmanw. July 20", ,09.
The military governor of Cuba directs the publication of the following order:
1. Article 398 of the Penal Code is hereby amended to read as follows:
Any person who bribes a public tliber with gifts, presents, offering, 'r promises shall receive the same punihimenit a, te officer bribed, except tie deirivation of office.
135






50

SECTION. II.-- I/1M M coooiitted b/J])olie ofichi/s 0 iqplinst tAe exercise
of indieidual ights (Ipwranteed by Ti constiuion.

ART. 192. A public official who, without the authorization of law, shall impose any punishment equivalent to personal punishment, by arrogating judicial powers to himself, shall incur:
1. The penalty of temporary absolute disqualification, if the punishment imposed were equivalent to a corporal penalty.
2. The penalty of suspension in its medium and maximum degrees, if it were equivalent to a correctional penalty.
3. The penalty of suspension in its minimum and inedium degrees, if it were equivalent to a light penalty.
ART. 193. If the punishment arbitrarily imposed should have been carried out, in addition to the penalties prescribed in the preceding article, the punishment imposed shall be inflicted on the guilty official and in the same degree.
If the punishment should not have been carried out that next lower in degree shall be imposed upon him, if the former should not have gone into effect through a cause independent of his will.
AiT. 194. If the penalty arbitrarily imposed should have been a pecuniary one the guilty official shall be punished:
1. With that of temporary absolute disIualification and a fine of an amount equal to three times the amount thereof if it should have been exacted.
2. With that of suspension in its iiedium and maxiinun degrees and a fine of from one-half to an equal amount thereof if the penalty had not been exacted through a cause independent of his will.
3. With that of suspension in its medium and minimum degrees if it should not have been exacted by reason of the voluntary revocation of the said official.
ART. 195. The authorities and officials, civil and military, who, even though the constitutional guaranties may be suspended, should have established a penalty different from that previously prescribed by law for any kind of crimes, and those who enforce such penalties, shall respectively incur, according to the facts, the penalties prescribed in the three foregi oinig articles.
Am. 1DG. The judicial authority who undulv remits a criminal case to another military or administrative authorit y or official which illegally claims it, shall le punished with the penalty of suspension ill its medium and maximum d degrees.
The military y or aihiiin i trative authority or official who should persist in his demand for the unlawful remission of the case and should compel the judicial authority to comply after the latter had pointed out the illegality of such a demand, shall be punished with the penalty next higher in degree.






101


TITLE XI.
CRIMES AGAINST THE CIVIL STATUS OF PERSONS.

CHAPTER I.

FICTITIOUS REPRESENTATIONS OF CHILDBIRTH AND USURPATION OF CIVIL STATUS.

ART. 487. Fictitious representations of childbirth and the substitution of one child for another shall be punished with the penalties of presidio meyor and a fine of from 625 to 6,250 pesetas.
The same punishments shall be imposed on any person who should hide or expose a legitimate child with the intent to make him lose his civil status.
ART. 488. The physician or public official who, in taking advantage of his profession or office, should cooperate in the conmission of any of the crimes mentioned in the foregoing article shall incur the same penalties, and, furthermore, that of temporary special disqualification.
ART. 489. He who shall usurp the civil status of another shall be punished with the penalty of p1,-s/ido mateyer.

CHAPTER 11.

CELEBRATION OF ILLEGAL MARRIAGES.

ART. 490. Any person who shall contract a second or subsequent marriage without the prior marriage being lawfully dissolved, shall he punished with the penalty of r/&w ,yort.
ART. 491. He who, notwithstanding the existence of an impediment for which no dispensation can be had, shall contract a marriage, shall be punished with the penalty of prsi/on crtc; fwd in its medium and maximum degrees.
ART. 492. Ie who shall contract a marriage, notwithstanding the existence of an impediment for which dispeisation could be had, shall be punished with a fine of from 325 to 3.250 pesetas.
If through his own fault he shall not, after dispensation withiii the period fixed by the court, have caused the marriage to be validated, he shall be punished with the penalty of pri'hrI t/r/ tt out i/I i its iimediumii and maximum degrees, from whii penalty le shali ic Itlased when the marriage is made valid.
ART. 493. He who shall ctie, through surprise or deceit, a parish priest to take part in the celebration of in illctgal marriage, valid, however, under the provisions of the cluirch. shall he Punished with the penalty of prs7incPP e/wd
If he should have caused him to take part through violence or intimidation, he shall be punished with that of pi/s;;/i ti tr.









new proceeding shall be necessary in order to impose penalties upon them.
ART. 452. The husband who shall keep a concubine in his home, or out of it with scandal, shall be punished with the penalty of jPr8son (c0rreeon c/in its mnininin and med inm degrees.
The concubine shall be punished with hanishment.
The provisions of articles 449 and 4;2 are applicable to the case referred to in this article.

CHAPTER II.

RAPE (vi )LACI6N) AND WRONGFUL ABUSE OF ClIAsTITY.

ART. 453. Tle rape of a woman shall he piuished with the penalty of /u,/us/ Rape is committed by Iving with a woman in any of thu following cases:
1. If force or intimidation shall be used.
2. If the woman is front aniy caue 1Ieprived of reason or
unconscious.
3. If she is under 12 years of age, though none of the circumstances mentioned in the two foregoing i nuilibers he attendant.
ART. 454. The slave who shall violate a wNomian under whose servitude he may 1o, or the wife, daughter, or grauddaughter of his luaster. or a woman of the family of any of them. within the fourth degree of relationship and living in their household, shall be punished with the penalty of rec/"s/6n t mporo/ in its medium degree to recsona perp/T"I.
ART. 455. Whosoever shall offend lewdly the person of one of either sex with the attendance of any of the circumstances I mentioned in article 453, shall he punished, according to the gravity of the case, with the penalty of /iiiN ioVrivioi, in its med iIlum and i axin!u iui degrees.
If the lewd abuse referred to in the foregoing paragraph be committed by the slave against any ilembir of hi is inmster'" family within the fourth der1e of relationship, the penalty shall he that of jws/ ,in correCimnw/ ill it, maxin un de1rev to pris,*,uo irt, in Its miniimium and medium degrees.

CHAPTER Ill.

RIu\IEs OF 'PUBLIC SCANDAL.

ART. 456. IHe Who, 1Wing united by an indissoluhle religious marriage, should aandon his spouse and contrvi' t another marriage according to the civil law with another person, or vice versa, even though the new religions marriage he should contract were not indis-






40

4. A Spo aidn who shall ttirish the enemy with topoiphna1 mps or lls of Ititititt1, dotumints, or nformatin which slllirectly lead to the sailed end of commiitting hostilities on Spain or1 favoring the progress of the hostile arms.
5. A Spaniard who ill time of war shall prevent the national troops from receiving the assistaie referred to inl No. 8 or the data and information referred to iin No. 4.
Airr. 1:1. Conspiracy to comilit any of the crimes Imentioned ill the three preceding articles shall e puiished with tihe pe nalty of jorectdIo mow. and tile proposition to commit the said criiies with that of joeART. 1%. A foreigler residing ill Spailish territory who shall coimmit any of the cries specified in the preceding article shall 1 e punished with the penalty nex It lower tliai that fixed therein, reserving the provisions of treaties or international law relatiing to diplomatic otticials.
ART. 189. Those wolho shall collinlit the cries specitied ili tie 10 rte ceding articles against a power allied to Spain. in the case of said power being in the field agLailn-t tile common enemy, shall te punished with the penalties lower 1 v one degcre thanii those rpective y prescribed.
Airr. 141. The ministers of the Crown shall incur tile penalty of ('(/(/, Pl/ ill/ /Il to di'ath who, ill violation of ilrt iclo 5 of the conlstitution, shall authorize a decree to ally of the following ends:
1. Alienatiig, ceding, or exchanging any part (f the Spaiih territory.
2. Authorizillg the entrance of foreigil troops into tle Kingodomlt.
a. lhitifyiing treaties of otelnsive alliance, which inay have b rought about war ltweel Spain antd another power.
Art. 141. [hel ptsons iienitionied in the foregoing article shall he punished with the penalty iia Itf utllo /, itot/ ill its Imeditiim deree to ,it, n, /p olo, who, in violation of article 55 of the costititioln, shall authorize a decree:
1. Ratifying treaties of offensive alliance which may not have brouldht about war betwooen Spain and another power.
2. latifyingl treaties in which the stipulation is iiiade to give subsidies to it foreign powr.

CIL\vri 11.
CRIME,, T L ENDANoER THE PEACE OR INDEPENDENCE (lF THE sTTE.
Airr. 142. The ettlesiastit-al Iminister who, in the performance of his olic. shall piiblish or enforce bulls, hrifs., or dispatches from the Hlly'v See, or other provisions or declarations that attack the peace or indepenidvince of thilt State, iir that oppose the obstervanic of its laws, or eIilttoUrage their Iionobscryaice, shall incur the penalty of temporary expulion.











TXANSL ACTION








(F










THE PENAL CODE







IN FORCE IN


CUBA AND PORTO RICO.










DIVISION OF CUSTOM S AND INSULAR AFFAIRS,
WAR DEPARTMENT.
J, 1y, 1900.










WASHINGTON:
GOVERNMENT PRINTING OFFICE.

1 9 0.






124


6. Those who shall desecrate corpses, cemeteries, or places of burial by actions or deeds not constituting a crime.
7. Those who shall throw dead animals, garbage, or refuse in the streets and public places where it is forbidden to do so, or who shall pollute fountains or watering places.
8. Those who shall violate the police rules or proclamations relating to the manufacture of fetid and unhealthy substances or who shall throw them in the streets.
9. Those who in any other manner not constituting a crime shall violate the regulations, ordinances, or proclamations relating to public sanitation issued by the authorities within the scope of their powers.
ART. 605. The following shall be punished with penalties of from one to five days of arrest or a fine of from 15 to 125 pesetas:
1. Those who shall give public exhibitions or hold any kind of meetings whatsoever without obtaining the proper license, or who should overstep the bounds of the permission granted them.
2. Those who shall open establishments of any kind without the license of the authorities, whenever it should be necessary.
ART. 606. The following shall be punished with penalties of from one to ten days of arrest and a fine of from 70 to 200 pesetas:
1. Those who shall extinguish the public lights, or lights on the outside of buildings, or those over their doors or stairways.
2. Those who shall fail to observe the rules established for public lighting at places where this service is to be furnished by individuals.
ART. 607. The following shall be punished with the penalty of a fine of from 15 to 125 pesetas, or censure:
1. Physicians who, noticing in a person whom they are attending, or in a corpse. indications of poisoning or of some other crime, shall not innediately notify the authorities, provided that in view of the circumistances they should not have incurred a greater liability.
2. Those charged with the custody or safe-keeping of a lunatic who shall allow him to wainder through the streets and public places without proper suNrveillance.
3. The owners of fierce and dangerous animals who shall let them loose, or in the way of doing harm.
4. Those who shall violate the regulations, ordinances, or proclamations relating to public conveyances.
5. Those who shall ride or drive saddle animals or carriages through the streets, promenades, and other public places. endamigering passersby, or in violation of the ordinances and proclaiations relating to good order.
G. Those who shall obstruct the sidewalks, streets, and public places by their acts or with wares of any kind.
7. Those who shall throw int' te street or a public place water, .tol-.. (I other object, w\i\ ib mi lht cau-e daniage to persons or things,






45


with the penalty of ,7riectai tmoral in its maxonnin degree to 1kb /tob 1, Iph tito.
ART. W4. The penalty of confnp'mi nol" hall he intCirrld bty those who, forming part of a i armed force, shall collectively address petitions to either of the co-legislative bodies. evein though such petitions should not be personally presented.
The saime penalty shall be incurred by those who, forming part of aii armed force, should p)r Scnt then individually, Ibt not a( cording to the laws of their organization, in So far a they have relation thereto.
The penalties prescribed in this article shall be respectively impoed in their itmaxiulliil degree Oni those wNlho hold a conmiil in the armed force.
ART. 165. The following shall also incur the penalty of cOntI1. Those who shall outrage or threaten a senator or dtpILty on account of the opinions lie may have expressed or the votes cast iin the senate or chamber of deputies.
2. Those who use force, intimidation, or serious threat to prevent a senator or deputy from attending the co-legislative body to which be belongs, or who 1)y the same ieanis should coerce the free declaration of his opinions or the Casting of his vote.
In the caSts provided for in the two preceding numbers of this article, a challenge to fight a duel shall te considered as a serious threat.
AiT. 106. If the outrage, threat, force, or intimidation referred to in the prceding article were not serious, tie dt Ii iu tie ut -ha II suffer the penalty of haiishment and a line of from :325 to 8,250 pesetas.
AlIT. 167. Tle itliltics ptrtscibttd in the three preCediiig articleS shall he iiposed ill their mliaximunm degree if the guilty persons are recidivists.
Aicr. NS. The puIblic official who. when the Corte is in session, should, without due permission of the respective legislative body, detain, arrest, or commit for crini any senator or deputy, unleSs he hai1 beein take /1 . r)/,tt/ shall ilncur the pellalty Of temporary special diSqualifijation.
The san penalty shall he incurred by the jtudge who, having passed sclitelice oi i senator or deputy , in a trial iim1titutet without the permission referred to in the preceding paragraph, should carry out said sentence without the ltgislative )ody to which the accused( belongs having authorized its execntit1on.
Ther shall also be ptniihed with the same penalty tf temporary special disqualification thi administrative or jtdlicial officials who should detain a senator or (eput v ;1i ,l-aqra/,t ant fail to report it to the Cortes imunediately if in session; ori who Should fail likewise






29


may have incurred should have imposed on hini; and there shall not he imposed on him other proper penalties when those already imposed shall have covered the maximum of the aforementioned term. In no ease shall such maximum term exceed forty years. For the application of the provisions of this rule, the duration of a perpetual penalty shall be reckoned at thirty years. ART. 88. The provisions of the foregoing article are not applicablo to a case in which a single act should constitute two or nore crimes, or if one of them should be a necessary means for conilitting the others.
In such cases, only the penalty corresponding to the more serious crime shall le imposed in its maximuiii degree. ART. 89. Whenever the courts should impose a penalty that includes other punishments by provision of law, according to the prescriptions of Section III of the precediing chapter, they shall also specifically sentence the culprit to the said penalties.
ART. 10. In cases for which the law 1 presmribw a pe1 a vty lower or higher bv one or two degrees than another gi vC plealtV the rules prescribed in articles 74 and 75 shall be observed in naduatin g it. The lower or higher penalty shall he taken from the graduated cale in which the given penalty may ibe included.
If a penalty higher than that of arowo lmr, is to Ile applied, it shall ie taken froiml the scale including- the penalties prescribed for the graver cr iies of the same character as that punished with o'rl,,sb) mor.
The courts shall liar in miuI. in iiaking application of a lower or higher penalty, the following g graduated Males:
Sclb, Xo. 1.-(I) Death, (2) ml)a p),/ m,. (:8) rl / wo tia m poro/,
(4) (~~i// ao.(5) pese/ or coa,(G) ars
NSc td,' . -(1) Death, (2) rem i /, /io, (3) brre/ie empwal, (4) ]ii/5m', m!mr, (5) J)i;rs / mN,, i corrm rcco/, (6) a/mic.
.m /al 1o. J.--(I) iA /a m jir / m/, (2) Im ,f aec/n / iimjim l, (3) miimpmi,,m id, (4) banishment, (5) public cnsure, (6) caution.
N a/, . .-.(1) Perpetual expul ion, (2) tiimporary expulsion. (3) a',eam/,ma/hi, (4) banishment, (5) public censure, (6) caution.
,,o. ;). -(1) Perpetual UbSolti disqualitiiatiion. (2) tiplliirary absolute disqualification. (,) su.spel.ion from public olli right (if suffrage, active and pa*sive, pr(ifeisioni or trade.
Sal, A.. (. -(1) Perpetual special diiqualification, (2) temporary' special disqualitication, or (8) sulpusioni from public office, rilit (if suffrage, active and passive, profession and traidi.
ART. 91. The line siall Ile considered as the last peiltv in eve i one of the piecedinig graduated sialis.
If it 5h old 1e illmpoied il this Character, the sibsidiarv liabilitv corresponding thereto by reason of the iii olvenev of the culprit, estah lished in article 49, can not exceed the duration of the terii pertaining to the penalty ininediately higher ill the respective scale.








166

Article.
In robbery .. ..-------------------------------------------------- 526 et seq.
In meeetings...------------------------------------------------------ 184
Armistice. (Nc Truce.)
Arresto mayor ..---------------------------------------- 24,27,60,87,95,116,132
.l rre to m enor -----.---..-... -. ------. --.-.--.. ------. ----.. --. 24, 27, 95, 116, 132
Assassination ....--------------------------------------------------- 14,414,422
Assistance of armed men.------------------------------------------------- 10
Assistance to authorities refused, a crime. ..------------------------------ 376, 378
Attempted crimes . ..-------------------------------------------- 3,5,64, 156, 161
Attempts:
At crime. ..---------------------------------- 3, 65, 70, 71, 150,156,161, 420, 524
Against the authorities, intimidations, etc-------------------------- 258 et seq.
Attorneys at law, wrongful advantage, etc . ..-------------------------- 367, 368, 375
Asvluuis, confinement of lunatics and imleciles---------------------------- 8
Auctions, frauds in ...---------------------------------------------------- 566
Authorities, public:
Attempt%, resistance, disobedience, outrages, insults, and threats against. 258-272 Lack of respect and obedience --------------------------------...--- 596, 597
Their duties in case of disturbance of public order ---------------------- 254
Crimes committed before ...------------------------------------------ 10,19
Seductions h.----------------------------------------------------- 459
Banishment (penalty) -----------------------------.. 24,27,28,87,95,114, 127,132
Bankers and owners of gambling houses .---------------------------------- 354
Bank notes, falsification of ..---------------------------------------- 299 et seq.
Bankruptcy, criminal and insolvency. ..--------------------------------- 547-557
Bankrupts .. ........................................ 553, 554, 555, 556, 557, 629
Baths, violation of rules of decency and safety..--------------------------- 604
Betraval of trust ------------------------------------------------------- 10
.ets--------------------------- --------------------------------- 553
Bigaiiy.---------------------------------------------------------- 456,490
Bodies, crimes of violation of sepulchres, etc----------------...-...... 346,351,604
Boundaries of towns and estates, change of-------------------------------- 546
Breach of trust ------------------------------------------------------- 10
breaking of a sentence --------------------------------------------- 127,128
Bribery ------------------------------------------------------------ 392-400
Briefs, bulls, dispatches, illegal execution of---------------------------- 142,144
Buildings about to collapse--------------------------------------------- 609
Bull fights inCuba, order of May 28, 1900 .------------------------------------ page 140
Porto Rico, order of March 12, 1900 .------------------------------ page 148
Bulls, briefs, dispatches, etc., illegal execution of-----------------------.. 142-144
Cadwr prpetim . .-------------------------------- 24,27,53,87,92,94,104-107,132
Cademi / mporal ---------------------------------- 24,27,55,87,95,104-107,132
Cafus, taverns, bakeries, etc., adulteration of food stuffs and beverages, etc. -- 603
Other misdemeanors ----------------------..------------------------- 608
Callithunipian concerts -----------------.. .. ---------------------------- 597
Calumnious denunciation ---------------------.. . ------------------- 437, 447, 452
Calumny defined, penalties, etc --------------------------- 131, 447-452,471-474
Castration, crime of --------------------------------------------------- 427
Cattle, damage to estates---------... ---------------------------------- 61M-21
Caution (penalty)- ...----------------------------------------- 24, 27, 43, 49, 514
Censure ------------------------------------------------------ 24,49,90,115
Certificates, falsification of---------- ------------------------------ 316 et seq.






74


ART. 333. Whenever the false statement of the witness or expert shall have been given on account of subornation, the penalties shall be those next higher in degree to those respectively fixed in the preceding articles, there being imposed furthermore a fine of an amount equal up to three times that promised or the value of the gift.
The latter shall be confiscated should it have been delivered to the person suborned.
ART. 334. When the witness or expert without essentially perverting the truth shall distort it by his reticence or inexact statements the penalties shall be:
1. A fine of from 375 to 3,750 pesetas should such falsification take place in a criminal cause; and
2. From 325 to 3,250 pesetas if it should take place in a cause of a misdemeanor or in a civil action.
ART. 335. He who shall knowingly offer perjured witnesses or false documents in a judicial proceeding shall be punished as guilty of false testimony.
ART. 336. The crime of false accusation or denunciation is committed by falsely imputing to any person acts which, if they were true, would constitute a crime that would give rise to proceedings cx officio, if the imputation were made before an administrative or judicial official who would be obliged to proceed to its investigation or punishment by reason of his office.
The denouncer or accuser, however, shall not he proceeded against unless by virtue of a final sentence or writ, equally final, of the court which took cognizance of the crine imputed, dismissing the complaint.
The latter shall proceed ex officio against the denouncer or accuser, provided that the principal cause should show sufficient grounds for instituting a new action.
ART. 337. A person guilty of false accusation or denunciation shall be punished with the penalty of preshlh' correccioa/ in its imedium and maximum degrees, if the crime imputed were grave: with that of prision correccional in its minimum and medium degrees, if the c rime imputed were ''less grave;" with that of (rleso mayor. if the imputation should have been a misdemeanor; and with the additional imposition in each case of a fine of from 625 to 0,250 pesetas.

CHAPTER VII.

USURPATION OF OFFICE, RANK, AND TITLES, AND IMPROPER USE OF
NAMES, DRESS, INsIONIA, AND DECORATIONS.

ART. 338. He who, without warrant or legitimate cause, shall exercise acts pertaining to an authority or public official, attributing to himself an official character, shall be punished with the penalty of Jrisiin corrcCeonal in its ininiuni and medium degrees.
























APPENDIX.



133






61


ART. 250. Those who shall seduce troops, or any other class of land or naval armed forces whatsoever, to commit the crime of sedition, shall be punished with the penalty of prison correccional in its medium and maximum degree.
If the sedition should have been effectual, the seducers shall be considered as promoters thereof and shall suffer the penalty prescribed in article 246.
ART. 251. If the sedition should not have reached the point of embarrassing in a serious manner the exercise of public authority, nor having caused the perpetration of any other grave crime, the courts hall reduce the penalties prescribed in this chapter by one or two degrees.

CHAPTER 111.

PROVISIONS COMMON TO THE TWO PRECEDING CHAPTERs.

ART. 252. The courts shall reduce by one or two degrees the penal:ies prescribed in the two preceding chapters in the case of rebels and seditious persons who may disband or submit to the lawful authorities at the first summons to do so, provided that they were not public employees.
ART. 253. Individual crimes committed during a rebellion or sedition, or on the occasion thereof, shall be respectively punished according to the provisions of this code.
If the authors thereof can not be discovered, the principal leaders of the rebellion or sedition shall be puniihed as such.
ART. 254. The authorities directly appointed by the government who shall not have resisted the rebellion or sedition by all the means within their power, shall suffer the penalty of temporary to perpetual absolute disqualification.
Those not directly appointed by the government shall suffer the penalty of suspension in its maximum degree to temporary absolute disqualification in its medium degree.
ART. 255. The employees who continue to discharge their duties under the orders of those in uprising, or who, without having had their resignation from office accepted. abandon it when there is danger of rebellion or sedition, shall incur the penalty of temporary special disqualification.
ART. 256. Those who shall accept office from rebels or seditious persons shall be punished with the penalty of temporary absolute disqualification for public office in its minimum degree.
ART. 257. The penalties of prisin nayor and prison corrccinal, which are imposed for the crimes included in Chapters 1 and II, shall be served in institutions within or without the islands of Cuba or Porto Rico.







173

Article.
Prisi6n mayor --.--.-- .- ...- ..-- .--------------------- - 24,27,60,87,88,95, 113
Private crimes ------------------------------------------------------ 22
Private documents, falsified--------------------.. ------------------------- 314
Prize fights. Order of March 12, 1900 .....--------- .- ....- ......
Profanation of corpses, cemeteries, etc ------------------------------------ 604
Profession:
Usurpation of ----------------------------- --------------------- 338-344
Exercise of, without a diploma ..----------------------------------- 339, 599
Provisional imprisonment ----------------------------------------------- 23
To be counted as part of correctional and light penalty. Order 26, January 18, 1900------------------------ -----------------------Property:
Criminal concealment. . . ..---------------------------------------- 327 et seq.
Crimes against. (See Robbery, Theft, Usurpation, Frauds, etc.) Prostitution:
Violation of police regulations..--------------------------------------- 604
Penalty incurred by the person who encourages the prostitution of minors. 462 Benefit denied to those who prostitute their wives and daughters-------- 437 Provocation...------------------------------------------------------------ 9
of war, liability for---------------------------------- 134, 136, 141, 145, 149
Public acts, serious disturbance of order in. ...---------------------------- 267-269
Publicity, an aggravating circumstance ------------------------------------ 10
Public disorders-------------------------.. .. .---------------------- 267-272, 596
Public duties, anticipation of..-.---------------------------------------- 380, 382
Public employees:
Crimes in the exercise of their duties, etc --------------- 192-223, 255,357-411
Who are considered, for the purposes of the law------------------------ 412
Public health ---------------------.------------------------- 347-353, 431, 432
Public officess -------------------- -------------------------------- 380-383
Elective, refusal of acceptance --------------------------------------- 379
Public office, abandonment of ...--------------------------------------- 383, 412
Public order (crimes against), rebellion, sedition, etc -------------------- 237-275
Misdemeanors against. . . . ..------------------------------------------- 585 et seq.
Public rumor ------------------------....-------------------------------- 467
Public scandal (crimes of) ------------------------------------------- 456, 458
Public vehicles . . . ..--------------------------------------------------- 607, 618
Pugilistic encounters in Porto Rico. Order of March 12, 1900----------- page 148
Pupils-----------------------.. .. ---------------------------------------- 19
Raffles . . . . ..-------------.------------------------------------------ 355,356
Rank, acts in contempt of----------------.. ------------------------------- 10
Rape of a woman ------------.... ..------------------------ 453, 468-470, 521
Rebellion . . . ..------------------------------------------------- 237-244, 252-257
Recidivist ..- ------------------------------------------------------- 10, 15, 16
Reclusion . ------------------------------- -------- 24,7,54,58, 87, 88, 92, 95, 108
Refusal of assistance to the authorities ----------.. .---------------------- 376-378
Regent of the Kingdom, attempts against --------------------------------- 161
Regicide.----------------------.. . .-------------------------------- 14,155-162
Regulations:
Penalties which may be prescribed in police --------------------------- 633
Application of the code when referred to ------------------------------ 633
Rehabilitation in rights, offices, etc------------------ ------------------- 44, 45
Relationship, influence in penalties------------------------------------ 8,10,
413, 422, 429, 433, 436, 487, 459, 469, 4S4, 591
Release of prisoners ------------------------... --------------------------- 270






40. Preidio corroeeional ill its From 4 years2months and 1 day From 4 years2months and I day
maximum degree to pe sirti to 8 years. to 5 years 5 months tnd 10 days.
mryor in its annunum degree.
411. Prmdia eorrecional in its From 4 years 2 months and I day The maximum degree of presidio
I maxi mum degree to presidio to 10 years. correccional.
mayor in its medium degree.

12. Irtside rreccional topresidis From 6 months and 1 day to 10 From 6 months and 1 day to 3
mayor i its medium degree. years. years sod 8 months.
4:; minimum degree of presidio From 2 years 4 months and 1 day From 2 years 4 months and 1 day
,srmrtittiist in its asediui to 4 years and 2 months, to 2 years 11 mntoithsand tO days.
degree to presidio iotir in
its minimum.

14. Maximum degree of presi'to From 2 years 11 months and 11 From 2 years 11 months and 11
ettretecistist in its ominimom days to 4 years and 2 months. days to 3 years 4 months and 7
and medium degrees. days.

4. Maximum degree of presidio From 4 years 9 months and 11 From 4 years 9 otonths and 11
(z, rrcional in its medium to days to 6 years. days to 5 years 2 months and 7
the maximum degrees days.

46. Maximum degree of presidio From 6 years and 1 day to 8 From 6 years and 1 (lay to6 years
eorreeeioatl In its medim years. and 8 months.
dsgrtt itt presidio mayor in
the minimum.

47. MA1txiMUM degree of presidis From 6 years 8 months and 21 From 6 years 8 months and 21
errecitnsl in its maximum days to 0 years. days to 7 years 1 month and 24
degree to presidio maiar in days.
the minimum.

48. Maximum degree of prsidi From 1 years and 1 day to 10 From 8 years and 1 day to 8 years
etrrtemntitl in its maxima years. ( rediom degree of pre- and 8 months.
terte to preiio imay-t In idio may-.)
its miettim degree.

49. Maximum degree of presidio From 6 years 10 months and 1 From 6 years 10 months and 1
etrreceutiai tt presidio ayor lay to 10 years. day to7 years 10 months and 20
in its iediiiin degree. days.
60. Presidiis: Priidrt mayor....... From 6 years and 1 day to 12 From 6 years and 1 day to 8 years. years.

51. Prisidn asaior in its minimum From 6 years and 1 day to 10 From 6 years and 1 day to 7 years
and med Ium degrees. years. and 4 months.

52. Prisidn mayor in its medium From 8 years and 1 day to 12 From 8 years and 1 day to 9 years
and maximum degrees. years. and 4 months.


From 5 years 5 months and 11 days to 6 years 8 months and 20 days

The minimum degree of presidio mayir.

From 3 years months and 1 day to 6 years and 10 months.

From 2 years 11 months an] 11 days to 3 years 6 months and 20 days.

From 3 years4 months andl days to 3 years 9 months and 3 days.

From 5 years 2 months and 8 days to 5 years 7 months and 4 days.

From 6 years 8 months and 1 day to 7 years and 4 months.


From 7 years 1 month and 25 days to 7 years 6 months and 27 days.

From 8 years 8 months and 1 day to 9 years and 4 months.


From 7 years 10 months and 21 days to 8 years 11 months and 10 days.

From 8 years and 1 day to 10 years.

From 7 years 4 months and 1 day to 8 years and 8 months


From 6 years 8 months and 21
days to 8 years.


The medium degree of presidio
mayor.

From 6 years 10 months and 1
day to 10 years.

From 3 years 6 months and 21
days to 4 years and 2 months.


From 3 years 9 months and 4
days to 4 years and 2 months.

From 5 years 7 months and 5 days to 6 years.

From 7 years 4 months and I day to 8 years.


From 7 years 6 months and 28 days to 8 years.


From 9 years 9 months and 1 day to 10 years.


From 8 years It months and 11 days to 10 years.

From 10 years and 1 day to 12 years.
From 8 years 8 months and 1 day to 10 years.


From 9 years I months and 1 day From 10 years 8 months and 1 to 10 years and 8 months,. day to 12 years.







76

interments, shall incur the penalties of orresto mayor and a fine of from 375 to 3,750 pesetas.
ART. 346. He who shall violate sepulchers or graves, committing any acts whatsoever directly tending to detract from the respect due the memory of the dead, shall be sentenced to the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas.


CHAPTER II.

OFFENSES AGAINST PUBLIC HEALTH.

ART. 347. He who, without having been duly authorized, shall manufacture substances injurious to health, or chemical products capable of causing great destruction, for the purpose of dealing therein, or who shall send them out, or sell or deal in them, shall be punished with the penalties of avreo mayor and a fine of from 625 to 6,250 pesetas.
ART. 348. He who, being authorized to deal in substances which might be injurious to health, or chemical products of the kind mentioned in the preceding article, shall transmit them or supply them without complying with the formalities prescribed in the respective regulations, shall be punished with the penalties of arrest mayor and a fine of from 325 to 3,250 pesetas.
ART. 349. Pharmacists who shall send out adulterated medicines, or shall substitute certain ones for others, or shall dispense them without complying with the formalities prescribed in the laws and regulations, shall 1e punished with the penalties of arreNto mayor, in its maximum degree to prim on cerrcccional in its minimum degree and a fine of from 325 to 3,250 pesetas.
If by reason of the sending out of such medicines the death of a person should have resulted, the penalty of prisin corr-eccional in its medium and maximum degrees, and a fine of from 625 to 6,250 pesetas shall be imposed upon the culprit.
ART. 350. The provisions of the two preceding articles are applicable to those who deal in the substances or products mentioned therein, and the employees of the pharmacists, if they should be the culprits.
ART. 351. le who shall exhume or transfer human remains, in violation of the regulations and other sanitary provisions, shall incur the penalty of a fine of from 325 to 3,250 pesetas.
ART. 352. He who shall alter beverages or articles of food destined for public consumption by any composition whatever noxious to health, or who shall sell spoiled goods, or who shall manufacture or sell objects whose use would be necessarily injurious to health, shall be punished with the penalties of orresto moywr in its maximum degree







68


the inference that it was intended for circulation, shall be punished as guilty of an attempt to commit the crimes of circulating counterfeit money.

CHAPTER IIl.

FALSIFICATION OF BANK NOTES, INSTRIENTS OF CREDIT, STAMPED
PAPER, POSTAOE STAMPS, AND OTHER STAMPED ARTICLES WHOSE SALE
IS RESERVED TO THE STATE.

ART. 299. Those who shall falsify bank notes or other instruments payable to the bearer, or their coupons, whose issue may have been authorized by the law of the Kingdom, or those who shall introduce them into the islands of Cuba and Porto Rico, shall be punished with the penalties of eilln teinporal in its medium degree to cmdemt perpeto, and a fine of from 6,250 to 62,500 pesetas.
The same penalty shall be imposed upon those who shall circulate them in connivance with the counterfeiter or introducer thereof.
ART. 300. Those who, without being in relation with the counterfeiters or introducers thereof, shall acquire, for the purpose of circulation, bank notes or other instruments payable to hearer, and their coupons., knowing that they are false, shall be punished with the penalty of 0/deO temporal.
Awr. 301. Those who shall, in the islands of Cuba and Porto Rico, falsify hank notes or any other class of instruments payable to hearer, or their coupons, whose issue is authorized by a law of a foreign country, or lyI a provision that has there the same force as law, shall also be punished with the penalty of (ohdena tempj,/.
Those who, in complicity with the counterfeiters, shall introduce them shall incur the same penalty.
ART. 30i2. Those who, having in good faith acquired bank notes or other instruments payable to bearer, or their coupons, included in articles 299 and dot, and shall pass them knowing of their falsity, shall be piished with the penalties of prciwdn orrv4n/on/ in its medium and maximum dc*grees and a fill(e of from 025 to 0,250 pesetas.
ART. 31)3. Those who shall counterfeit or introduce into the islands of Cul1a or Porto Ric, bonds payahle to order, or other documents of credit not to hearer, whose issue is authorized bv virttie of a law, shall be punishlnd with the penalties of ceeh-na t, mpor/ and i a fine of from 6.250 to (;2,51 pesetas.
ART. 304. Those who shall counterfeit securities payable to order, or any other class of instrumients of credit not to bearer, whose issue is authorized by a law of a foreign coiintry, or by a provision that has there the same force as a law, shall be punished with the penalty of pri'/d/il mayor inl its medium degree to c














BOOK I.


CRIMES AND THEIR PENALTIES.

TITLE I.

CRIMES AGAINST THE EXTERNAL SECURITY OF THE STATE,

CHAPTER 1.

THE CRIME OF TREASON.

ART. 134. A Spaniard who shall indnec a foreign power to d ciari war on Spain, or shall plot with it to the same end. shall he punished with the penalty of ieo ' j, /pi/oo to death if war should actually be declared. and otherwise with the penalty of ce+nai t opral in its medium degree to that of cmd1 nii ). rpe-tmi.
ART. 135. The following shall be punished with the penalty of cadena peip ti to death:
1. A Spaniard who shall facilitate the enemy's entrance into the Kingdom. the capture of a fortified place, military post, national ves sel, or stores of military or food supplies.
2. A Spaniard who shall seduc Spianish troops or troops in the service of Spain to go over to the enemy's ranks or to desert their flag while in the field.
3. A Spaniard who shall re-ruit people in Spain to make war upon the country under the flag- of a hostile power.
Frustrated crime of the cliaractir specified in the preceding num bers shall le punished a, thou h cisu iated. and the attempts shall be punished with the penalty n-xt lower by one degree.
ART. 1 3 . The fol lowinmg sI mud lii' puniishied within tIme penalty of cioli- ia teampor1w in its maximum de-rii- to death:
1. A Spaniard who shall take up arms against his country under hostile tagss.
2. A Spaniard who shall recruit people ill Spain for the service of a hostile power in -ase such recruits were not to take a direct part in the war against Spain.
3. A Spaniard who shall furnish troops of i hostile power with money, arms, transports, articles or munitions of war, food. or other means, direct and effectual, for carrying on hostilities againt Spain, or who shall favor the progress of the hostile arms in a manner not specified in the preceding article.
39






35

ART. 121. The reparation shall be made by the appraisal of the amount of damage by the court, taking into consideration the value of the thing whenever possible, and the value as a keepsake to the party aggrieved.
ART. 122. Indemnification for losses shall include not only those which may have been caused the aggrieved party, but also those that may have been inflicted upon his family or upon a third person by reason of the crime.
The courts shall regulate the amount of such indemnification upon the same term; as prescribed for the reparation of damage in the foregoing article.
ART. 123. The obligation to make restitution, to repair tie damages or indemnify the losses, is transmitted to the heirs of the person lialde.
The action to demand restitution, reparation, or indemnification is also transmitted to the heirs of the person injured.
ART. 124. If there are two or more persons civilly liable for a crime or misdemeanor, the courts shall determine the share for which each shall lie liable.
ART. 125. Notwithstanding the provision contained in the preceding article, the principals, accomplices, and accessories, each within their respective class, shall be held jointly liable amnnnig themselves for their shares. and subsidiarily for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property of the principals, next against that of the accompices, and finally ag-ainst that of tile accessories.
In cases in which the joint liability has been enforced as well as the subsidiary liability, the rig-t of action is reserved Iy tie person who has paid, agaimlst the others for the shares due from each.
ART. 126. Whosoever nav have gratuitouslv siared in tle proceeds of a crime or miisdemeanor is ubliged to m ake indemn ii ti tlon in so far as le may have participated therein.

TITLE V.
PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCE, AND BY
THOSE WHO COMMIT A NEW CRIME WHILE SERVING SENTENCE.
CmmAmTER 1.
PENALTIES INCURRED BY TmosE wNNvi VIOLATE THEIR SENTENCE.
ART. 1 i7. Perons serving a sentence who should violate it, siall suffer ai ag-gravation of their puillishmulents. subject to the provisions of the folltwig rul":
1. Those sentenced to codehna or h s/bo >hall complete their
respective terms, anil Iw made to futir, dUri ig a space of tiime not exceediig th roe vears, the greatest deprivations :iiitiorized by the regulations, and shall be assigned to the iiost paiifil tasks.






92


account of said mutilation, shall incur the penalty of presidio correcinnol in its medium and maximum degrees.
ART. 436. He who should disable another, with his consent, for the purpose mentioned in the preceding article, shall incur the penalty of c)/'c vol' ;o/ in its minimum and medium degrees.
If he should have done the deed for remuneration. the penalty shall he that next higher in degree than that prescribed in the foregoing paragraph.
If the person guilty of this crime were the father, mother, spouse, brother, or brother-in-law of the person mutilated, the penalty shall be that of 1terv sto llwyor' in its medium degree to p'risidn carreccional in its minimum degree.

C(APiTER VIII.

GENERAL PROVISIONS.

ART. 437. The husband who should surprise his wife in adultery and shall kill her or her paraour in the act, or shall inflict upon them any kind of grave physical injury. shill he punished with the penalty of banishment.
If he should inflict upon them injuries of any other kind he shall be exempt from punishment.
These rules are applicable uder similar circumstances to fathers with regard to their daughters under 2; ears of age and their seducers while the former are living ulder t he paternal roof.
The henetit of this article shall not le extended to those who may have instigated or facilitated the prostitution of their wives or daughters.

(iHAPTER IX.

DUELLING.i

ART. 438. The authority who shall receive information that a duel is being arraniued shall proceed to the detention of the ihallInge r and that of the challengied part, if he shall have accepted the challenge. and shall not set them at liberty until they giv' thi r wiids of honor to desi-t from their purpose.
Ilie who shall break his word, challenging his adversary anew, shall be puni-led with the penalties of temporary absolute disqualitication froim ptlic oithce and en'l/non A/o.
iHe who shall licept the chall'ge iiider similar circuistances shall le punished wxith that of haliisluent.
ART. 4,39. Ile ho shall k ill his adversary in a duel shall be punished with the penaliy if ]ii sn ,,,i'',
'SVC i 'mral ircbr N- 129. 1 I(st'l rjiiAt'is Di-arnttiiiit Of PIIort Rico, August 24,
1 599, p'agv 145.







169

Article.
O f seals and m arks -.-.. ...... ....- ..- ... ..... ..-.-- _-- .._-- ..-.. .. 279-289
Of private marks or seals .------------------------------------------- 287
Of money. . . . . ..---------------------------------------------------- 290-298
Of bank notes, paper of the State, and stamped paper.---------------- 310-313
Of private documents...---------------------------------------------- 314
Of cendulas or residence and certificates --------------------------- 316-321
Common provisions ...-------------------------------------------- 322-326
False testimony ...------------------------------------------------- 328 et seq.
Fear ....--------------------------------------------------------------- 8,17
Fictitious births ..-------------------------------------------------- 487 et seq.
Fictitious contracts to the prejudice of third persons------------------------ 562
Fictitious names . ....-------------------------------------------------- 342, 526
Fierce animals . . . ..---------------------------------------------------- 607, 618
Final sentence .--...-..-.--.........-........... -................. - 10, 97, 129
Fine, penalty of ---------....-------------------------- 23, 24, 48, 49,82, 91, 93,632
(See Misdemeanors.)
Firearms:
Discharge of, according to the case. . ..-------------------------------- 421, 595
In meetings.. ...------------------------------------------------------ 184
Use without permission. .. ..----------------------------------------- 599, 612
Used in robberies. . . . ..------------------------------------------- 526 et seq.
Fires, etc . ....----------------------------------------------------- 572-575, 622
Aggravating circumstance----------------------- 10, 12, 414, 429, 609, 622, 623
Fishing and hunting, violation of laws regarding -------------------- 537, 616, 623
Flight of prisoners, connivance ..---------------------------------- 270, 369, 370
Flood, fire, and poison . ...------------------------------------------ 10,420, 429
Forcible entry of dwellings. ....-------------------------------------- 203, 509-511
King's palace .------------------------------------------ 159
seizure of debtor's goods --------------------------------------- 516
Forfeiture:
In cases of crime . . ...------------------------------------------------ 24,61
In misdemeanors. . . . ..---------------------------------------------- 630,631
Form of government, crimes against the --------------------------.. . ---- 169,175
Foreigners ------------ -----------------.. .----------------------------- 138
Foreign nvnarcbs. (Se International law.) Frauds ...----------------------------- 547-557, 558, 560, 565, 591, 600, 601, 614, 630
And other cheats-----------------------.. . . ----------------------- 558,565
And illegal exactions ------------------------... . ------------------- 407-410
Craft or disguise. . ..-------------------------------------------------- 10
Fraudulent weights and measures ---------------------------------------- 600
Fraudulous contracts to prejudice of a third person ------------------------- 562
Frustrated crimes . ...------------------------------------------- 3, 5, 64, 156, 164
Fulfillment of duty exempts from liability --------------------------------- 8
Games, forbidden --------------------------- --------------- 354-356,553,602
Gangs. . . . ..------------------------------------------------- 10,522,523,527,587
Government, form of, crimes against . ..--------------------------------- 169,175
Graduated scales. (See Appendix.)
Grandparents. (See Infanticide; Relationship; Parricide.) Grave and less grave crimes -----.----------------------------------------- 6
Grave offenses -----..--------------------------------------------------- 9
Guardians, what is prohibited them ........--------------------------- 408, 497
Homicide....-..-..............-..-.....--.- . ----------------416-420
(Sre Infanticide; Parrawid: assassination; 1-bberyHonor, crimes against-----.........................------------------471 et seq.






1f


(2) In the case of No. 7. those persons are civilly liable from whom the injury was warded off in proportion to the benefit they may have derived.
The court Thall fix, according- to its jUdgment, the proportional amount for which each interested party shall be liable.
When the respective amounts can not be equitaly apportioned, even approximately, or when the liability extends to the State or the greater part of a town, and in any case, if the damage were caused with the assent of the authorities or their agents, indemnity shall be made in the manner prescribed by special laws and regulatioiis.
(3) In the case of No. 11, those who caused the fear shall be principally liable, and subsidiarily, in the absence of the former, those who committed the act, reservingij with regard to the latter the benefit of competency.
ART. 1. Innkeepers. tavern keepers, and any other persons or .1ter Vs shall be civilly liable, in the absence of persons criminally so, for crimes coinmitted within their establishments, whenever any infraction of general or special police regulations by them or their employees may have occurred.
Innkeepers are furthermore subsidiarily liable for the restitution of effects robbed or stolen within their houses from persons who are stopping therein, or for the indemnification of said goods, provided the persons have notified in advance either the innkeeper himself, or the person representing him, of the deposit of said effects in the inn; and provided furthermore, that they have heeded the warnings that said innkeepers or their substitutes mav have given them with regard to the care and vigilance of their effects. There shall be no liability in case of rolhbery bv violence or intimidation of persons, except it be conunitted by the epilloyees of the inn.
ART. 19. The subsidiary liability established in the preceding article shall also apply to masters. teachers, persons, and enterprises engaged in any kind of industry, for crimes and misdemeanors committed h their slaves, pupils, oiicers, apprentices. or employees in the discharge of their obligations or service.

TITLE Il.
PENALTIES.
CHAPTER I.

PENALTIES IN (ENERAL.

ART. 20. No crime or misdenmeanor shall he punished by a penalty which was not estal dished by law prior to its commission.
ART. 21. Penal laws shall have a ictroIctive effect in so far as they favor the person guilty of a crime or misdemeanor. even though at






123


violate the rules established for the making of standard weights and measures in the guild to which they belong.
4. Those who shall defraud the public in the sale of goods, whether in quantity or quality, by any means whatsoever not expressly penalized.
5. Traders or vendors in whose possession any food stuffs shall be seized lacking in the proper weight, measure, or quality.
ART. 601. The following shall be punished with penalties of from five to fifteen days of arrest and a fine of from 70 to 200 pesetas:
1. Those who shall spread false rumors or use any other unlawful artifice in order to alter the natural price of things, if the act should not constitute a crime.
2. Those who shall violate the police rules tending to insure the supplying of towns.
ART. 602.1 Those who in public' places or establishments shall start or take part in any kind of games not for pure pastime and recreation shall incur a fine of from 15 to 70 pesetas.
ART. 603.' The following shall be punished with a penalty of from five to fifteen days of arrest and a fine of froiu 70 to 200 pesetas in cases not included in Book II:
1. Pharmacists who shall dispense medicines of bad quality.
2. The owners or persons in charge of eating houses, confectionery stores, bakeries, or other similar establishments who shall sell or serve adulterated or altered drinks or articles of food injurious to health, or who shall not observe in the use and care of vessels, measures, and utensils the established rules or ordinary precautions, when the act does not constitute a crime.
ART. 604. The following shall be punished with a fine of from 15 to 70 pesetas and censure:
1. Those who shall hathe without regard to the rodeb respecting decency or safety established by the authorities.
2. Those who shall violate the sanitary police regulations regarding prostitution.
3. Those who shall violate the rules issued by the authorities at times of epidemics or contagious diseases.
4. Those who shall violate the regulations, ordinances, and proclaiations relating to epidemics among animals, the extinction of locusts, or any other similar plague.
5. Those who shall violate the sanitary rules established by the authorities regarding the carrying of corpses and their interment in cases not provided for in Book 11.
'See Order No. 118, Ileadquarters IDivision of Cuba, July 24, 159, )'u 136, and No. 230, December 4, 1899, page 137.
'See General Ordere, Nos. 151, Headquarters of Porto Rico, September 27, 1899, page 146, and 87, April 25, 1900, page 148.






19


If the mnilty person should enter an appeal and it is refused, he shall not he allowed the till)e that has elapsed 1etwiel the sentence appealed from and the one rejecting the appeal.

SECTION 11.--I- I/fs 'f j a tr' mrhure.

A iwr. 3i . The penalty of p rpetum al absolu te disIualiiti:itioii sall all produce tihe following effects:
1. The deprivation of the persoil puniii'd of all honors which he may be eujoying, and of all public emplovients and'oflices which lie mar be holding even thouiongh tile latter come from popular election.
2. The deprivation of the rights to vote and to be elected to public offices of popular election.
3. The disqualitication to acquire the honors, offices, emnployimients and rigits mentioned.
4. The loss of all rirht to retirement with iay, suspension with part pay, or :ny other pension for ot'ices hie my vi e previously tilled, without prejudice to the pension for support the Government may grant hii as a reward for distinguislied services.
Under this provision are not included iig'ts allyad i acqui red at the time Of the condemnation bY the widow (i.r children Of the perso punished.
Awr. 31. The penalty Of tipiorary ahsolte disqilualiticntioit shall proidnce the following eflets:
1. The deprivation of the person sentenced Of all honors he1 mar be eiijoying., and of ill public employment aild oflirec which he iiiay le holding, although the latter he tilled by popular election.
2. The deprivation of the right of voting' and beiii'g elected to public otlice hr popular election during the term Of the senltelice.
3. The disqualiticntionl of acquiring the donors, i'imphioyments, offices, and rights mentioned iii No. 1, likewise during the tirmil of the sente(ce.
Aw. 32. Perpetual special disqualiticatioi frotil public office siall produce the following effects:
1. The loss of the otlici' or eniployinent which it atfect, . aild (of the Ionor attached thereto.
2. 1i)squalitication to acquire other similar ones.
Atir. ;;:-. Perpietual special disqualiticatiion forii the right of suffrage shall perpetually deprive th peron piishied Of the right to vote and uiti elected to the elective public office ill iuistioi.
A r. :4. Temporary special disqualitiratioll for a pulic office shall produce the follow ilg effects:
1. Loss of the office or emiiuployment which it affects. as well as the honors attaclid thereto.
2. D)ioqualitication to acquire other Similar offices or employments during the termn Of the sentence.






103


He who shall furnish a place for the commission of the crime shall incur the same penalty.
If the culprit should release the person locked up or detained within three days after his detention had commenced, without obtaining the object he had in view and without the commencement of criminal proceedings, the penalty shall be pr/i/i o'reced in its ininuuni and medium degrees and a file of from :325 to 3,250 pesetas.
ART. 501. The crime referred to in the preceding article shall be punished with the penalty of rclus/%n tempol1. If the imprisonment or detention should have lasted more than twenty days.
2. If it should have been committed by the false assumption of public authority.
3. If grave physical injuries should have been indicted on the person imprisoned or detained or if he should have been threatened with death.
ART. 502. Any person who, cases permitted by law being excepted, shall without sufficient reason apprehend or detain a person in order to turn him over to the authorities, shall be punished with the penalties of qrrexto meor and a fine of from 325 to 3,250 pesetas.
This article is not applicable to those apprehending the slaves or serfs of others, who are fugitives, in order to deliver thoiim to their masters or the authorities, in the cases prescribed in the regulations. provided that the delivery be made within the term of seventy-two hours after the capture.
Fugitives shall be considered those of whose tlight notice shall have been given by their masters or patrons to the local authorities, by publication in the newspapers, or that are found three leagues away from the farms upon which they were employed, without a permit from their master, manager, or overseer or with a permit whose teu m of license had already expired.

CHAPTER I1.

THE ABDUCTION OF INFANTS.

ART. 5()3. The abduction of a child under 7 years of age shall he punished with the penalty of (nt, w tr-iiio /.
Acr. 504. The saime penalty shall be incurred by any person who, 1eing in charge of the person of a minor, shall not deliver Iiin to his parents or guardians or give a satisfactory explanation concernin g his disappearance.
ART. 5()5. HeI who shall induce a minor. liit over the age Of 7, to abandon the ho use of his p arient,. guardians. or persons in charge of him, shall be ponishied with the penalties of ,,sfn ...ior' and a fine of from 325 to 3,251 pwetas.






155


Scale Yo. 34 (of five degrees).-The maximum degree of presidio correccional to jAirs"doo ,,o'yor in its medium degree; the maximum degree of arrexto aoyor; fine.

SIXTH GROUP.
[Divided penalties which are formed with two degrees of one penalt.y or of two distinct penalties.]
Scale j,. -5.--Onftnoam h-nb, in its minimnium and medium degrees; banishment in its medium and maxinutim degrees: public censure to banishment in its mininun degree; cantio.
Seal 3Te. :.--Banishinen t in its mini litni andi medium degrees; public censure: caution.
Seale -Yo. :17.-Temporary absolute disqualification in its minimum and medium degrees: suspension in its medium and maximnum degrees; fine to suspension in its miiiiin degree.
Seal V>. J'. - Pre ' op, ,rree al iin its Imax innin degree to presidl/o Imlgor in its millnmum deg-reco rs// oreei in its millimium and medium di agrees; ar',o m a oro in its medium and maximum degrees: fine (or a,,esto miiyaor in its miniiuin degree).
S/ *,,A . 19.--- o ayor in its mininnu and medium degrees;
pr ,d , ,r Inn a/ i its medium and maximum degrees; r
mayor ill its maximum degree to jfir.si/o c ,rr,,nonl in the uminimmium degree: arr sNt mttyor in its miniii and medium degrees; fine.
- V(,. 40.-P/-.m(;,n n11Y-' in its inedimn and maximum degrees;
p oreccuIn ell in its miaxiiniin de gree to prix'ilno mayor ill its minimum degree: >rnsmn cOei,,mni/ in its minimum and mtedinm degrees; arr mn4 iyo in its medium and maximum degrees; fine to aeresto fleaymr in its minin iiiinut degree.
Sle -Ye- 41. R--7?-l ,n;o tmpranl in its medium and maxiimum degrees; pri.snin mtyr in its maximum degree to er u-idn temp .re in its miinun degree: maoinn aoyo in its miniut and medimn
degrees: jprl-ixer rr/a/ in its medium and maxinumn degrees: aerslo anoym, in its maxinium degree to prii- in -,rrecional ill its minimum degree: arre.an, onayor in its minimum and medium degrees; tine.
SRale jVo. 414.-Suspension in its maxintun degree to temporary absolute disqualification in its mininum degree; suspension in its minimum and medium degrees; fine.

SEVENTH GROUP.
[Sudhivided penalties formd with two degrees of in- penalti or of two distinct penalties.]
-Yale )d. +.-The minimum degree of a fre-to nio/or in its maxinunn degree to pr-i/o n,,',ri-nna/ in its minimum degree: the minitumi degree of arresto mayr in its minimum and medium degrees; fir-






145


GENERAL ORDERS, HDius. DEPARTMENT OF PoRTo Rico,
No. 12i. San Jan, Aitqilt 24, 1899.
1. It having come to the notice of the department commander that the provisions of the penal code of Porto Rico for the prevention of the crime of duelling have for some years past been disregarded by the authorities charged with their enforcement, and that persons have been permitted to engage in this pernicious practice without official interference or punishment, it is herebyo announced that according to the spirit of American law and institutions it is a serious offence to challenge another to fight a duel, either by word or letter, or to be the bearer of such challenge, or to endeavor to provoke another to send a challenge, or to aid or abet in provoking or inciting a duel. To act as principal in a duel, or to participate in a duel as a second, attending surgeon, or assistant to either of the principals in a duel, whether either principal is injured or not, is a high misdemeanor.
2. Where one of the parties to a duel is killed, the survivor is guilty of murder, and all who are present aiding and abutting in the act are accomplices.
3. In order that there may be no misunderstanding regarding this matter in future, it is hereby ordered that all persons who participate in duels as challengers, bearers of challenges, or as provoking or endeavoring to provoke challenges to fight duels, shall be guilty of a misdemeanor and shall upon conviction thereof be punished by imprisonment at hard labor in jail for not less than three nor more than six months.
4. All persons who participate as principals, second', surgeons, or assistants in duels where there are no resulting wounds or injuries shall upon conviction thereof be punished by confinement at hard labor for not less than six months nor more than one year.
5. All persons who participate in duels either as principals, seconds, surgeons, or assistants, where one of the parties is wounded, shall be deemed guilty of assault with intent to kill and upon conviction thereof will be punished 1 v confinement in the penitentiary at hard labor for not less than one year.
t. All persons participating in duels either as principals. seconds, surgeons, or assistant.'. where one of the parties is killed or dies as the result of a wound received in said duel, shall le deciiied guilty (as principals or accomiplices) of murder, and upon conviction thereof shall be punished according.
7. The district courts instituted bv General Orders, No. 114, current series, these headquarters, and the United States provisional court instituted ibv General Orders. No. es, current series, these headquarters, shall have concurrent jurisdiction over the offences herein described. It is hereby niale the duty of all judges and officers connected with the said courts, and of all niunicipal judges, alcaldes, and
1571 10






137


No. 125.

HEADQUARTErs DIvIsION OF CUBA, ft/tona, July 31, 1899.
The military governor directs the publication of the following order: Paragraphs 2 and 3 of article 486 of the Penal Code in force in Cuba is hereby modified to read as follows: No person shall be punished for calumny or libel, except upon complaint of the party or parties offended, whenever the offense is against private individuals, or upon denunciation of the same, whenever it is directed against public authorities or constituted official bodies and corporations of the State, or is included in the offenses defined in Chapter V of Title III of this book. In every case the granting of pardon by the party offended shall stay all criminal action against the offender or remove the penalty, if this may have been already imposed.
ADNA R. CHAFFEE,
Brigadbr-Genocri, C hief of StSfI.



No. 230.

HEADQUARTERS DIVISION OF CUBA.
Jialan a, Dcc oiu 4. 1899.
The military governor of Cuba directs the publication of the following order prohibiting the introduction of lottery tickets into the island of Cuba throtih the medittn of the postal service or any other agency whatever:
No person shall bring or cause to ibe brought into the island of Cuba from abroad, throttgh the mails or through the custoni-house, or any other agency whatever, as merchandise. or :ts part of baggage, or Upon the persons of travelers, for the purpose of disposing (f the same, aity papers, certificates, or other instruments purporting to he or to represent :t ticket, chance. share, or interest itt or dependent upon the event of a lottery, so-called gift concert. or other enterprise offering prizes dependent upon lot or chance, or aiy advertisement of such lottery, so-called gift concert, or enterprise, under the penalty of confiscation of said papirs, certificates, tickets, or other instrtinnent>, including advertisetnetuts. and puInishmlitt for the first otfettse by a fine of not more than one thousand dollars ( 1.tii ttt. or ly imprisonnient for not tnore than two years, or by ioth fine and imprisontment; and for the second and subsequent offetuses by. ittpriinieit for not more than five years.
ADNA 1t. CHAFFEE,
Briyaiur-G~ Wa,/0, C 7,fl






21


The court shall fix the term of the hond in its discretion.
If the person punished should not furnish tonid, he shall incur the penalty of banishment.
ART. 44. Persons sentenced to the penalties of disqualification for public offices, for the right of sufrage, or for a profession or trade, perpetually or temporarily, may be rehabilitated in the form prescribed by law.
ART. 45. -A pardon shall not produce rehabilitation for the discharge of pulitic office, and for the exercise tif the right of suffrage, unless said reiabilitation 1e specially granted in the pardon.
ART. 4G. Costs shall include fees and indemnifications incurred in judicial proceedings. whether consisting of fixed or unalterable amuiounts, by reason of being previously fixed by laws, regulations, or royal orders, or not fixed by any schedule.
ART. 47. The amount of fees and indt'niications not previously fixed in the terms prescribed in the preceding article shall he fixed by the court in the manner established 1 ty the law of criminal procedure.
ARr. 4. In case the property of the person punished should not ht suflicient to cover all the pecuniary liabilities, they shall he satisfied in the following order:
1. Reparation of the injury caused and indemnification of daniages.
2. Indemnification to the State for the aniount of stamped paper and other expenses which may have been incurred on his account in the cause.
3. The costs of the private accuser.
4. Other costs of procedure, including those of the defense of the person prosecuted. without preference among the persons interested.
5. The fine.
Should the crime have been of those which can te prosecuted oily at the instance of a party, the costs of the private accuser shall be satisfied in preference to the indemnnification to the State.
ART. 4w. If the person sentenced should not have property to satisfy the pecuniar 'y liabilities included in Nos. 1, 3, and 3 of the preeding article, he shall be subject to a subsidiary personal liability at the rate of one day for every 12' pesetas, accordim to the followingr rules:
1. If the principal penalty imposed is to le undergone ty the criminal confint'd in a penal institution, Ie shall continue therein, although said detention can not exceed one-third of the term of the sentence, and in no case can it exceed one Year.
2. If the principal penalty imposed is not to te undergone by the criminal in a penal institution and its duration is fixed, he shall continue subject, for the time mentioned in thit' preceding article, to the same deprivation. of which said penalty muist consist.
3. If tlt principal penalty v imposed should he a censure, fine, or caution, the insolvent guilty person shall be confined in the district jail






127

circumstances of the deed, it shall not be included in Book II of this code.
4. Those who by word of mouth threaten to cause another an injury that would not constitute a crime.
5. Those who shall cause another any unjust duress or vexation not punished in Book II of this code.
ART. 613. The following shall Ie punished with a fine of from 15 to 125 pesetas and censure:
1. The director of a newspaper in which false statements shall have been made, should he refuse to insert gratis within the termfi of three days the answer addressed to him by the offended person or by his authorized representative, correcting or explaining the same, provided that said rectification, however, does not exceed in length double that of the false item or article.
In case of the absence or death of the person offended, his children, parents, brothers, and heirs shall have the same right.
2. Those who, by means of printing, lithography, or any other means of publication, shall maliciously divulge facts relating to a person's private life, that without constituting outrages should nevertheless cause prejudice or serious trouble in the family to whom the report refers.
3. Those who shall lightly offend another by act or word, if the offended person should complain; his pardon shall extinguish the penalty.
4. Those who, being called upon by another, in order to avoid a greater evil, should fail to give the assistance requested, provided that no prejudice would have resulted to them.
5. Those who, through mere imprudence or negligence, without committing a violation of the regulations, shall cause an injury which, if done with malice, would constitute a crime or misdemeanor.

TITLE IV.

MISDEMEANORS AGAINST PROPERTY.

ART. 614. Those who for gain or lucre shall interpret dreams, make prognostications or divinations, ortake advantage of the public credulity in any other similar manner, shall be punished with the penalty of rt0/hCo menor, if the act should not be punished in Book 1I of this code.
ART. 615. The following shall be punished with a penalty of from one to fifteen days of arrsto mnor :
1. Those who shall trespass upon another's estate or fields to gather fruits and eat them on the spot.
2. Those who, in the same manner, shall take fruits, grains, or other products to give them on the spot to horses or cattle.






70


4. By falsifying the truth in a narration of facts.
5. By altering true dates.
6. By making in a genuine document any alteration or interlineation altering its meaning.
7. By giving out an authentic copy of a fictitious document, or by stating therein a contrary or different thing from that contained in the genuine original.
8. By intercalating any instrument in a protocol, register, or official book.
An ecclesiastical minister who shall commit any of the offenses included in the foregoing numbers, with regard to acts or documents which might affect the civil status of persons, shall incur the penalty prescribed in the first paragraph of this article.
ART. 311. An individual who shall commit any of the falsifications specified in the preceding article in public or official documents or in bills of exchange, or any other class of commercial paper, shall be punished with the penalties of preimdio Iaayor and a fine of from 1,250 to 12,50 pesetas.
ART. 312. He who shall knowingly present in judicial proceedings or should use with intent of gain a false document of the kind mentioned in the foregoing articles, shall be punished with the penalty lower by two degrees than that prescribed for the falsifiers.
ART. 313. A public official in charge of the telegraph service who shall invent or falsify a telegraphic message shall incur the penalty of prifioNn ,vrrebnml in its medium and maximum degrees.
He who shall make use of the false message with intent of gain or desire to prejudice another shall be punished as the principal in the falsification.

SECTION II.---tsdgcation
ART. 314. He who, to the prejudice of a third person or with intent of causing it, shall, in a private document, commit any of the falsitica tions specified in article 310, shall be punished with the penalties of prsidio co rv e/ionol in its minimuiin and medinim degrees and a fine of from 625 to 6,250 pesetas.
ART. 215. He who, without having taken part in the falsification, should present in judicial proceedings or shall use with intent of gain or to the prejudice of a third person, knowingly, a false document of those included in the preceding article, shall incur the penalty lower Iv one degree than that prescribed for the falsifiers.

SECTION III. -hlsireation ART. 316. A public official who, taking advantage of his office, shall issue a passport or a cidula of residence under a fictitious name, or






128


8. Those who, without the owner's permission, should trespass upon estates or fields before the crops have been completely removed, for the purpose of utilizing the gleanings or any other remnants of the {I op.
4. Those who shall trespass upon the inelosed or fenced estate of another, if trespassing thereon were forbidden by a notice.
ART. 616. The following shall be punished with a fine of from 15 to 125 pesetas:
1. Those who shall enter another's inclosed estate to hunt or fish, or fields where trespassing is forbidden, without the owner's permission.
2. Those who under any pretext or for any reason whatsoever shall cross nurseries or sown ground, with whatever intent or pretext.
3. Those who in hunting or fishing on public grounds or of common use shall employ any of the means prohibited by any of the ordinances.
ART. 617. A fine of 10 pesetas shall be imposed for the simple act of trespassing upon another's walled and fenced grounds without the owner's permiission.
ART. 61,. The following shall be punished with a fine of from 70 to 200 pesetas:
1. Those who, while in charge of carriages, horses, or harmful animals should commit any of the excesses foreseen in the two foregoing articles, unless by reason of the damage caused they should deserve a higher penalty.
2. Those who shall destroy or tear to pieces any hut, shed, hedges, fences, palings. or other protections to property.
3. Those who shall cause damage by throwing upon property stones, articles, or projectiles of any kind from without the same.
ART. 6I9.' The owner of cattle trespassing upon another's estate and causing damage exceeding 15 pesetas shall be punished with a fine for each head of cattle:
1. Of from 2 to 5 pesetas for horned cattle.
2. Of from I to 3 pesetas for horses, mules, or asses.
3. Of from 50 c6ntimuos to 2 pesetas for goats, if the estate were planted with trees.
4. Of from an amount equal to that of the damage caused to onethird niore. for sheep or any other kind of animals not included in the foregohig munbers. The same shall he obseired if the animals were goats and there were no trees on the grounds.
ART. 620. The owners of the cattle mentioned in numbers 1, 2, and 3 of the foregoing article, which should pass upon another's estate without the owner's permission, without causing g damage, or dantage
vsee Gen. Order N0. 128, Is- e a sar-ss Departsent sf P1rtt Rico, August 24, 1899, pac 144.


















ROYAL DECREE.

Upon the recommendation of the Colonial Secretary, with the advice and consent of the Council of Secretaries, and 1 v virtue of the authority veted in my Government by article 89 of the Constitution of the Monarchy,
I hereby decree the following:
ART. 1. The amended Penal Code of June 17. 1;71, shall be published and go into effect from the date of it, publication in the territory within the jurisdiction of the islands of Cuba and Porto Rico, with the amendments recommended by the commission which has had charge of this work.
ART. 2. In the same manner there shall 1e published and observed in the islands referred to in'the foregoin article the provisional law of criminal procedure for the application of said Code, with the changes recommended v the said conmission.
ART. ". The Government shall inform the Cortes of this d(ecree and of the modified laws which are applied thereby to the colonial provinces.
Given at the palace on May 23, 1879.
ALFONSO.
SALVADOR DE ALBACETE,
Colonial Secttary.
7








167

Challenge. (See Duel.) Article.
Chastity, abuse of ---------------------------------------------- 390,391,455
Children, abandonment of. (See Relinquishment, etc.).-------------- 506-508,611
Circumstances in crimesWhich exempt----------------------------------------------------- 8
Extenuating and aggravating ------------------------------- 9,10, 76-96, 591
Civil interdiction defined, etc ----------------------------------- 24,41,53,470
Civil liability arising from a crime--------------------------- 16-19,119-126,133
Civil status. (&ce Fictitious births.)
Cockfighting in Cuba, order of April 19, 1900 --------------------------.. page 139
Coercion, personal-------------------------------------------- 512,516, 612
Concubinage--------------------------------------------------------- 452
Concubine of a married muan, with scandal -------------------------------- 452
Confiianiettt (penalty)----------------------------- 24,27,59,87,88, 95,114,127
Conspiracy to commit a crime ---------------------------- 4,137,156,161, 244, 249
Consummated crimes. . ...---------------------------------------- 3,5,64,156,161
Constitution, crimes against the ..----------------------------------- 155 et seq.
Copyright. (Le literary and industrial property.) Correspondence, interception or opening of -.---------------------------- 207-209
Corruption of minors . ...------------------------------------------- 462, 467, 470
Cortes, crimes against ...-------------------------------------------- 163 et seq.
Costs and expenses in trials ------------------------..----------------- 24,46-51
C raft, fraud, or disguise -.... -.. -. -... --. -------------.--.-..--..-. --. -.... 10
Crimes and midemeanors:
Defined, etc-.. ..----------------------------------------------------- 1-7
A consummated, attempted, and frustrated----------- 3,5,64,156,161,420,,514
Committed during the service of a sentence ---------------------------- 129
Grave and less grave .------------------------------------------------- 6
Private...----------------------------------------------------------- 22
CriminalConcealment of property .. ..------------------------------------- 327 et seq.
Insolvency. (See Bankruptcy.)
Intention ---------------------------------------------------------- 9
Cruelty to animals in Cuba (order of May 28, 1900)......... ...... .....
Cults. (See Rcligin.)
Customs, grave offenses against modesty or customs --------------------- 457, 458
Damage:
Crimes ------------------------------------------- -------- 535,586-591
M isdem eanors ... .. .. .-.- ---- ..- ....------ .........--- . 593,618,619,627
Accidental ------------------------.. . . .. ---.-------------------------- 8,83
Repair of -- . ..----------------------------------- ------------119, 121,123
Dangerous animals ------------------------.. ... .------------------------Death, penalty of:
Its effects, execution, etc--------------------..------------ 24, 52,87, 100-103
Prescription. . ...------------------------------------------------------ 132
Of the criminal, extinguishes liability -------------------------------- 130
(ce Confession.)
Defective substances... . ..----------------------------------------------- 600
Defense, of one's self an property, and relatives, etc., exempts from liability. 8 Definition of crimes andl misdemeanors ----------------------------------- 1-7
Degradation .. .. . ..---------------------------------------------------- 24,53,118
Department of public prosecution:
Insults, etc..------------------------------------------------------- 273
Representation.---------------------------------------------------- 467
Dependents. . ..----------------------------------------------------------- 19






102


ART. 494. Any minor who shall contract a marriage without the consent of his or her parents, or of the persons wNho for such purposes stand in their stead, shall be punished with pr6 i,,Ieweional in its minimum and medium degrees.
The culprit shall be pardoned as soon as the parents or persons referred to in the foregoing paragraph approve the marriage contracted.
ART. 495. The widow who shall marry before three hundred and one days have elapsed from the death of her husband, or before she is confined, if she were pregnant at the time of his death, shall incur the penalties of errto mayor and a fine of from 125 to 1,250 pesetas.
The same penalty shall be incurred by a woman whose marriage should have been declared null and void if she should marry before her confinement or before three hundred and one days have elapsed from her lemgral separation.
ART. 496. He who, without previous dispensation, shall contract a marriage with one of his adopted children or descendants shall be punished with the penalty Of orlisto noryoi.
ART. 497. The guardians who, before the judicial approval of his accounts, should contract a marriage with or should give his consent to his children or descendants contracting it with the person whose wardship he should have or should have had, unless the father of the latter should have dUlly authorized such marriage, shall be punished with the penalties of p ,/wol in its medium and maximum
degree and a fine of from 325 to :1.250 pesetas.
ART. 49s. The ecclesiastical or civil authority who shall perform a marriage forbidden by law, or in regard to which there is any impedinient which can not be removed by dispensation, shall he punished with the penalty of suspensionl ili its imedium and maxinun degrees and a fine of from 625 to ,2.50 pesetas.
If the impediment cold be reimv ed by dispensation the penalties shall be those of banishment in its minimum degree and a fine of from 325 to 3,250 pesetas.
ART. 499. lit all the cases of this chapter the person who contracted marriage ly deceit shall he adjudged to endow, according to his ineans. the womnir i wl-ho contracted the inmarriage ii g.ood fa ith.

TITLE XII.
CRIMES AGAINST LIBERTY AND SECURITY.


VNl_\wF' 1, DETENTIONS.
-kurl. 50o. AnY private person who shall lock lip or detain another. or ill ay way deprive ix hi Of his ibrty, reserving the provisions of article 72, sliall be punished i-iti the penalty of pr'ision nayo.






59

2. To dethrone the King, or depose the Regent or Regency of the Kingdoni, or deprive them of their personal liberty, or oblige them to sectte an act contrary to their will.
3. To prevent the holding of elections for deputies to the Cortes or senatorss in the whole Kingdom, or the lawful assemblage of the same. 4. To dissolve the Cortes or prevent the deliberations of either of he colegislative bodies, or to force them to adopt any resolution.
5. To commit any of the crilies specified in article 163. . To subtract the Kingdom, or a part of it, or any Iibody of land or mvai troops, or any other class of armed force from its obedience to he Supreme Government.
7. To use and exercise the constitutional prerogatives of the minisers of the Crown, or to despoil themi thereof, or hinder or curtail heir free exercise of the same.
ART. 238. Those who by inciting the rebels and making them resoite shall have promoted and sustained the rebellion, begun for the >arpose mentioned in No. 1 of the preceding article, and its principal hiefs, shall he punished with the Penalty of "I'd" 1 17sp1ti to death; ad in other cases with that of reclwssn tmojrni/ in it. iiaximum legree to death.
ART. 239. Those who exercise a subaltern command in a rebellion rganized to commit the crime referred to in No. I of article 237 shall neur the penalty of cdina perpe so to death, if they were persons 2ling a civil or ecclesiastical office.
ART. 240. Those who exercise a subaltern command in a rebellion, he purpose of which is to commit any crime mentioned in the other numbers of article 237, shall incur the penalty of retlisdn t, mporil its maximum degree to death, and that of e'lwsmds imspioul if said arpose were not included in any of them. AaRT. 241. The mere participants in a rebellion shall be punished vith the penalty of re/wldsn 1 mnpiural in its fullest extent in the cases mentioned in the first paragraph of No. 2 of article 172, and with that if presb y mayir in its medium degree to r/uxibs fiiqn l in its iinimumi degree, should they not le included therein. ART. 242. If the rebellion should not have been organized by known aders, those who in fact lead the others, or speak for them, or sign the eceipts or other documents in their name, or exercise other similar cts in representation of the others, shall he considered leaders. ART. 243. The following shall he punished as rcels, with the penalty f prtshb Imayor.
1. Those who, without rising against the Government, commit by raft or any other means whatsoever the crimes included in article 237. 2. Those who seduce troops or other class of land or naval armed oree into committing the crime of rebellion. If the rebellion actually takes place, the seduceis shall le considered promoters thereof and shall .uffer the penalty prescribed in article 238.






126


2. Husbands who shall maltreat their wives, even though they do not cause them injuries of the character mentioned in the foregoing paragraph.
3. Wives that are disobedient to their husbands, who shall maltreat them bodily, or by speech.
4. Spouses who shall cause a scandal by their domestic dissensions after having been warned by the authorities, if the deed should not be included in Book Ii of this code.
5. Fathers of families who shall forsake their children by not giving them the education corresponding to their condition in life, and such as their means will permit.
6. Guardians, tutors, or persons in charge of a minor under 15 years of age who shall disobey the provisions regarding obligatory primary instruction, or who shall abandon the care of his person.
7. Sons of a family who should be lacking in the respect and submission due their parents.
8. Wards who should commit the same fault with regard to their guardians.
9. Those who finding an. abandoned child under 7 years of age in danger of its life do not turn it over to the authorities or to its family.
10. Those who in the relinquishment of infants shall break the rules or customs established in their respective locality and those who shall fail to take to a foundling asylum or safe place any infant that they shall find abandoned.
11. Those who shall not succor or help a person whom they may meet in an uninhabited place, wounded or ill danger of perishing, if they could do so without their own detriment, unless such omission should constitute a crime.
12. Those with regard to whom, in the case of the brawl defined in article 418 of this code, it shall appear that they had used violence ;f any kind against the person of the one injured, provided that but slight injuries were inflicted upon the latter, and that the author were unknown.
ART. 612. The following shall be punished with penalties of from one to five days of arrest, or a fine of froii 15 to 125 pesetas:
1. Those who shall heat or bodily illtreat another, or abuse him by speech without causing hii all' physical injury.
2. Those who, without being included iin other provisions of this code, shall threaten another with weapons, or draw him into a quarrel, unless in self-defense.
3. Those who shall threaten another by words and in the heat of anger with an injury that would constitute a crime, and who by their subsequent actions show that they persisted in the intention which they gave utterance to ill their threat, provided that, in view of the






114


The penaltic. -hall be imposed in their maxiununi degrees on the persons mentioned in the three preceding numbers.
5. Those who, to the prejudice of another, shall appropriate or misapply any moncy, goods, or any kind of personal property which they may have received as a deposit on conUission, administration, or in any other character producing the obligation to deliver or return the same, or who shall deny having received it.
The penalties shall be imposed in their maximum degrees in case of deposits made under stress or necessity.
6. Those who shall coninit any fraud by taking advantage of another's signature in blank and by means thereof filling up any document to his prejudice, or that of a third person.
7. Those who shall commit fraud by causing another to subscribe a document by the use of deceit.
8. Those who shall employ fraud in gambling in order to insure winning.
9. Those who shall commit fraud by withdrawing, concealing, or detroving, in whole or in part, any process, record, document, or any other paper of any character whatsoever.
If the same crime should be conunitted without the intent to defraud, a fine of from 325 to 3.250 pesetas shall be imposed on the author.
Airr. 50). The crimes referred to in the three preceding numbers shall be punished with the penalty respectively higher by one degree, i the culprits should be two or more times recidivists in the same or a similar kind of crinic.
ART. 561. He who, pretending to be the owner of real property, should convey, rent. eincmnber, or pledge it, shall be punished with the penalty of orrsto ilwyo in its minimum and medium degrees, and a fine of from an amount equal up to three times the aniount of the loss lie ma y have caused.
The same penalty shall be incurred by the person who shall dispose of ainy property as free and clear knowing it to be encumbered.
Ar. 562. The following shall incur the penalties prescribed in the foregoing article:
1. The owner of any personal property who shall abstract it from the person who has it legitimately in his possession to the prejudice of the same or of a third person.
2. He who shall execute a fictitious contract to the prejudice of another.
A ir.W53. Those who shall commit any fraud with regard to literary or industrial property shall also incur the penalties prescribed in article 561.
ART. 564. A person who, by taking advantage of the inexperience or passions of a iinor, should indiice hiii to execute to his prejudice any obligation, diseharge, or transfer of property rights, in consideration of a loan of iloneyv, a credit, or other personal property,






154


SCale No. 26.-Temporary special disqualification in its maximum degree to perpetual special disqualification; suspension from in its, maximum degree to temporary special disqualification in its medium degree; fine to suspension in its medium degree.
*eaie No. 27.-Suspension in its medium and maximum degrees to wmporary absolute disqualification in its medium degree; fine to suspension in its minimum degree.
Scal, Yo. 27.-Suspension in its medium and maximum degrees to temporary absolute disqualification in its medium degree; fine to suspension in its minimum degree.
Scale io. 28 (of five degrees).-Pesidio correecional to presidio mayor' in its medium degree; arresto mayor; fine.
Scale iVo. 29.-Prision mayor in its medium degree to reelusin temporal; pr sifn correccional in its medium degree to prison mayor in its minimum degree; arresto mayor in its medium degree toprisidn Correctional in its minimum degree; fine to arresto mayor in its miinimmii degree.
FIFTH GROUP.

[Subdivided penalties composed of three or more degrees included in the fourth
group, which decrease according to rule 5.]

Scale No. 30-The minimum degree of J)residio correctional in its medium degree topresidio mayr in the same degree; the miiinimum degree of arresto maywr in its medium degree to presidio correctional in its minimum decree; fine (or the minimum degree of fine to arresto mayor in its minimum degree).
Scal X>. 31.-The maximum degree of presidio correeeional in its medium degree to presidio mayor in its minimum degree; the maximum degree of arres/o mayor in its medium degree to jprmsidio correccional in its minimum; arresto mayor in its minimum degree (or the maximum degree of fine to arrest mayor in its minimum degree).
Scale No. 32 (of three degrees).-The maximum degree of presidio correccional in its maximum degree to prmsid/o mayor in its medium degree; the maximum degree of arres/o omayr in its maximum degree to presldo correeional in its medium degree; arresto mayor in its sedinin degree (or the maximum degree of fine to arresto mayor in its medium degree).
-al o. 3.]) (of three degrees).-The maximum degree of prisolio mayor in its medium degree to cadena temporal in its minimum degree; the naximuni degree of jresidio cor/reccional in its medium degree to jexid/' mayor in its minimum; the maximum degree of rest, maYor in its medium degree to prewidio (-rrem/l in the minimum; arresto amyor in its minimum degree (or the maximum degree of tine to arresto ma yor in its minimum degree).






113


1. Enter into an understanding with the bankrupt who is not a merchant in order to create a fictitious liability as against him, or to increase any liability of his, or to alter its character or date, for the purpose of obtaining preference in fraud of the other creditors, even though this should take place before the declaration of bankruptcy.
2. Assist the bankrupt who is not a merchant in the concealment or conveyance of his property.
3. Conceal from the trustees of the bankrupt who is not a merchant the existence of property belonging to him which was in the possession of the culprit, or delivered to the bankrupt instead of to said trustees.
4. Make private agreements with the bankrupt who is not a merchant in fraud of other creditors.
ART. 557. The penalties prescribed in this chapter shall be imposed in their naximunm to their niiinum degrees upon the bankrupt who is or is not a merchant who should not restore any deposit made with him under stress or necessity (d'hrsr, 1; r./r i r;,t .rii).

SEcTION 11. -Sindle Snd t /wrI'f dxe i Prtcee.

ART. 558. A person who shall defraud another in the substance, quantity, or quality of things he may deliver to hitu hy virtue of an obligation shall be punished:
1. With the penalty of arr,'c wyor in its iminimmi and tiedium degrees, if the fraud should not exceed 250 pesetas itt amount.
2. With that of arrt fr mayor in-its medium degree to p1 s/hi cor('ecional in its tiiminiitn degree if it should exceed 250 pesetas and not be more tha tt 6,250 pesetas.
;. With that of presldir errni nai in its ini i u t a medium degrees if it should exceed 6.250 pesetas.
ART. 55-. The following shall in-ur the penalties of the preceding article:
1. He who shall defraud others hy using a tictitious name. by assuming fictitious piw er, intluetice, or attributes, or by pretending to poii(ss itiaginar v propciirty, credit, conni tiioni, enterprises, or business, or by using attv other similar deceit that i" nlot one of those ientioned in the followilt ca es.
2. The silversmiths and jewelers who shall cntit a fraud by altering tthe quality. alloy, or weight of articles pertainintg to their art or commerce.
o. The traders who shall defraud others by ttsing short weights or mcaures itt the sale of the objects of their traffic.
4. Those who shall commtit a fraud under the false pretext of having had to pay an unlawful gratuity to public employees, without prejudice to the action for calutmy pertaining to the latter.
1571 8






46


to report to the Cortes as soon as it assembles the arrest of any of its members which they may have ordered, or the proceedings they may haN e instituted against such members during the interval of the sessions.

SECTION 1.- ioes aaist theform, of Govecrnmet.

ART. 1G9. Persons who shall execute any kind of acts or deeds directly tending to obtain by force any of the following enids, shall be coni.idered guilty of crimes against the form of Governimeiit established 1y the citst itutiol:
1. To substitute for the constitutional monarchical Government an absolute monarchical or republican government.
2. To deprive, in whole or i1 part, the King, the Regency, or tile C'rtes of the privileges and powers vested in theii by the constitution.
8. To change the leg'itiiate order of the succession of the Crown, or to deprive the dynasty of the rights granted it by the constitution.
4. To deprive te conii of iniisteris of the right to govern the Kiigdoni provisionallv iitil the Rgeint takes the oath in accordance with the constitution.
ART. 170. The followim shall also commit crimes against the form of Government:
1. Those who iii any kind of public mieetings or places of numerous asseniblae shall raise cheers or other outcries that shall provoke acclanatiois teidilig to the accomplidiimient of aiy of the purposes spelitied iii the preceding article.
2. Those who iii said meeting and place iiake speeches or read or distribute printed matter or carry embiitlmi. :ntd banner', tending to the r'alization of the objects mentioned ill the precedinmig article.
Arr. 171. Public officials who should excite any mandate or order issued by the Kili,, iii the exercise of Iiis constitutional authority without being signed by the proper minister shall also be considered guilty of a criie agai ist tle forn of Government.
ART. 172. Those wo, publii itly and in open hostility, should rise ill arms, inl (rdcr ti perpetrate any of the crimes provided for in article lo, shall 1e puii.hed with the following penalties:
1. Those who may have inmtigated, supported, or directed said rising or who aplar a its principal leaders, with tile pe ialty of /t
tn i lr l i it." Inaxillmil degree to death.
2 Those in charwt tof a stibalterm conmiiiantd therein, with that of rei/'us/ n, mt ior/ to death, should they be persons fillit ivi Il or ecclesiastical office, or if there should have teen aly engaimeint between the forcs iiiidt'r' their cottnmiiand and tie public forces lTo'al to the gtvmminiemit. (or if thdii forces should have caused rava's amtng the r1'rtiV', (f p'i Liti t' st s, tf ttwis, or of tile State, or have cut thu telegraph wires or the railroad lines, or have conmmitted amny






107


5. With the penalty of prkid crrrccood to preI&Rjdio mayor in its medium degree in other cases.
ART. 522. If the crimes referred to in No,. :, 4. and ) of the foregoing article should have been committed in an uninhabited place and by a gang, or by attacking a moving train, or by entering passenger compartments, or by surprising passengers in any manner whatsoever within the cars, the penalty shall be imposed on the culprits in the maximum degree.
Upon the chief of the gang, if it should be wholly or partially armed, there shall be imposed, in the same cases, the penalty next higher.
ART. 523. A gang exists if more than three armed malefactors unite in the robbery.
The malefactors present at the commission of a robbery in an uninhabited place and by a gang shall be punished as principals in any of the outrages committed by the gang if there is no evidence that they endeavored to prevent them.
The malefactor who habitually travels with the ganv shall be presumed to have been preent at all the attempts committed by it, unless there be proof to the contrary.
ART. 524. The attempt and frustrated crimni of robbery., committed with the crime mentioned in No. I of article 521, shall be punished with the penalty of whla tiopjoie in its maximum degree to cedemt perp1-tui, unless the homicide committed shouldd deserve a higher penalty according to the provisions of this code.
ART. 525. le who in order to defraud another should force him by violence or intimidation to sign, execute, or deliver a public instrument or document shall be punished as guilty of robbery with the penalties respectively prescribed in this chapter.
ART. 526. Those who should with arms roh1 an inhabited house or public building, or one dedicated to religious worship, shall be punished with the penalty of prxid/o m ooro in its medium degree to cadena tmpora/ in its minimum degree, if the value of the articles should exceed .250 pesetas and the nalefactors should have entered the house or building where the robbery was couiiiiiittd. or al of its dependencies, by one of the following means:
1. By wrongful entry.
2. By breaking through a wall. ceiling. or floor. -r by forci ng a door or window.
3. By making use of false keys. picklocks. or other similar instruments.
4. By breaking open doors, wardrobes, etc.. coffer or any other kind of furniture. Or locked or sealed objects. or by taking the same away to be broken or forced open outside the place of robbery.
I e artick- 1), N0. 23.






144


cation to alienate the aff-ction of the people from tlie (itoverniient or not is iniaterial; if the publication lie calculated to have that effect it is seditious. lepredati ins ly ,ir citizens upon nations at peace with the Unitel States, or comhinations for committing them, have at all times been regarded by the American governmentt uni people with the greatest abhliorrence. Military Niursitins y our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in its government, or under any pretext whatever, have, from the commencement of our Government, iiin held equally criminal on the part of those engaged in them, and so much desemving punishment as vould he the disturbance of the public peace by the perpetration of similar acts within our own territory. No individuals have a right to hazard1 the peace of the country or to violate its laws upon vague notions of altering or reforming governments in other states.
By command of Brigadier-General Davis:
NV. P. HALL, atnt- Onvmd.


GENERAL ORDERs, JDQRs. DEPARTMENT OF PORT Rico.
No. 128. &Son Joen. t eqost 24, 1899.
In order to avoid as far as possible the annoyvance and damage caused by stray animals, it is hereby ordered1st. Alcaldes are authorized to impose fines for the benefit of the municipal treasuries upon the owners of stray animals found trespassitg upon private property.
2nd. In the investigation Of complaints of this character, alcaldes shall institute oral o xcimnation of the interested parties and their witnesses. For the purpose of taking stich evidence the alcalde is authorized to administer oaths. Against his decision there shall he no appeal.
:lrd. Fines iiiiposed by alcaldes pursuant to the foregoing para"gtaphs shall lie as follows:
For the first offence, one (81) dollar per head.
For the second offence within six months, two ($2) dollars per head.
For each subsequent offence within six months, three (83) dollars per head.
4th. Persons upon whom tines have been imposed plirsuant to time foregoilig paintiraph who fail to pay the same within three days shall he arrested and coined in municipal jaiI one day for each dollar which they mav fail to pay. Owiers of property who sifer damiaoes fromit stray animals Imay institute civil action before tile proper court for s uch dainoes.
5th. A copy of tl is order in Spanish iaiid iin EngI ish shall Ie posted piblilv Oii the door of ever v alcalde's office, for time information and guidance of all concerned.
uth. All laws or orders ill coiiict with the foregoing provisions are heiiiy revoked.
By command of Brigadier-ieiieral Davis:
We. P. Im., Ajtnt- Gn l.
(See articles ; It et seq.)








2. With that of prisxin correccionl, if it be carried on in the usual form and the Government should have forbidden it.
3. With that of Ivelosi(on terl, if there were given therein notice or information of which the enemy could take advantage, whatever he the form of such correspondence, and even though the Government should not have forbidden it.
The same penalties shall he incurred by the person committing the crimes mentioned in this article, even thoutg'h he should send the correspondence through friendly or neutral territory in order to elude the law.
If the culprit should intend to help the enemy with his notices or information. the provisions of article 135 and 130 shall he observed.
ART. 150. Any Spaniard guilty of an attempt to enter a hostile country, if the Governiient should have prohibited it, shall be suibject to the penalties of areto iayooi and a tine of from 375 to 3,750 pesetas.'

CHAPTER I1I.

CRIMES AGAINST INTERNATIONAL LAW.

ART. 151. Ile who should kill a monarch or the head of another State residing in Spaiin, shall 1Ic uniiished with the penalty of r tempor l in its naxinum degree, to death.
Ile who sh oild inflict serious wounds upon tile ,aid persons shall he punished with the poinalt v of r / e o n / wjwrl/, and if tile wounds were ,light with that of Jor<8a mayor.
Those who should commit any other at tempt at criiie i )t speciically mentioned in the foregoiing paragraphs, agaiiit the same persons shall incur the last-named penalty.
ART. 152. He who should violate the peronal inniunity or the doinmicile of a monarch or head of an othcr State received in Spaiii in their official character, or who ,hall violate that of a representative of another power, hall be punished witi thi penalty of jo/v ,n crr/

If the crimes mentioned in thi, and in the preieding article should have no reciprocal penalties fixed therefo inI tie law- of the nation to whom the persons iftended belog., the penaltv *hall Ie imposed upon the delinqient which would he proper for tlie crime, in accordance with the provisions if tlis code, if tile r offended should not have had the otfiiial tharatiir mentioned in the foregoing paragraph.

Sue Lien. Orders No. imi, l vadquarters Nipartm ent .f 1 rt, Rie, July 31, 1899 page 143.







75


ART. 339. He who, attributing to himself the rank of professor, shall publicly perform acts belonging to a faculty, which can not be filled without an official title, shall incur the penalty of arresto mayor in its maximum degree to prision corrcccional in its minimum degree. ART. 34o. He who shall usurp the character which would enable him to exercise the functions belonging to ministers of a religion that has adherents in the land, or should perform said functions, shall incur the penalty of arr;to mayor in its maximum degree to prison correcc/ofl in its minimum degree. ART. 341. He who shall assume and publicly attribute to himself titles of nobility that do not belong to him shall incur a fine of from 625 to 6.250 pesetas.
ART. 342.1 He who shall publicly use an assumed name shall incur the penalties of arresto mayor in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas.
If the purpose of the use of the assumed name were the concealment of anv crime, the evasion of a penalty, or the causing of any prejudice to the State or to individuals, there shall be imposed on the culprit the penalties of arresto mayor in its medium and maximum degrees and a fine of from 375 to 3,750 pesetas.
Notwithstanding the provisions of this article, the use of an assumed namne may be temporarily authorized by the superior administrative atuhority for sufficient cause.
ART. 343. The public official who, in the duties belonging to his office, shall attribute to any person, in connivance with him, titles of nobility, or a name that does not belong to him, shall incur a fine of from 375 to 3,750 pesetas.
ART. 344. He who shall publicly and unlawfully wear a uniform or dress belonging to an office which he does not hold, or of a class to which he does not belong, or of a rank not his own, or insignia or decorations that he is not authorized to wear, shall he punished with the penalty of a fine of from 325 to 3,250 pesetas.

TITLE V.
VIOLATION OF THE LAWS RELATING TO INTERMENTS, VIOLATION OF
SEPULCHERS, AND OFFENSES AGAINST PUBLIC HEALTH.

CHAFrTER I.
VIOLATION OF LAWS RELATING TO INTERMENT AN) VIOLATION OF SEPULCHERS.
ART. 345. He who shall conduct or cause to be conducted an interment in contravention to the provisions of the laws or regulations with regard to the time, place, and other formalities prescribed for
'See Order No. 150, Headquarters Divisitn of Cuba, April 10, 1900, page 139.






104


CHAPTER III.

THE ABANDONMENT OF CHILDREN.

ART. 506. He who shall abandon a child under 7 years of aoe shall be punished with the penalties of aresto mayor and a fine of from 325 to 3,250 pesetas.
If on account of the circumstances of the abandonment the death of a child( is caused, the culprit shall be punished with the penalty of pri If the child's life should have inlv been endangered, the punishment shall also be that of pis/ooi corvcCcional, but in its minimum and indium degrees.
The provisions of the two foregoing paragraphs must be considered without prejudice to the punishment of the deed as may be proper if it should constituite a graver crime.
ART. -50. He who being intrusted with the rearing or education of a minor should place him in charge of any public institution or of another person, Nwithout the assent of the person who had confided said minor to him, or of the pcilic authorities in his absence, shall be punished with a fine of from 325 to 3,250 pesetas.

CHAPTER IV.

PROVIsION COMMON TO THE THREE PRECEDING CHAPTERS.

ART. 508. le who -hall Unlawficllv detain another person or abduct a child under the age of 7 years. and should not give aii account of his whereabouts, or should not give evidence of having' set him free, shall he punished with the penalty of cade'n fonjornd in its maximnm degree to mein/in ji, lprpca.
He who shall abandon ani infant under 7 years of age shall inctir the same penalty, if Ie (does not give evidence that he abandoned the infant without comm itti ng ianotoh i ci'nne.

CHAPTER V.

FORCIBLE ENTRY OF DWELLINGS.

ART. 509.. Any pri-VaIte individual who shall enter another's dwelling against tfle will of the tenant thereof shall be punished with rrti o-o-r a a fine of front .ii -25 to 3,250 pesetas.
If the ded were coni itted with violence or intimidation, the penalties shall be 011sTu ro, / in its inedium and maxinun degrees
and a fine of front i32.5 to . 2.5nc pesetas.
ART. 010. The provisios of the forcc-oing article are not applicable to a perSi w iho iiteis another's dwelling in order to avoid a gravv injury to himself, to the tenants. or toi a third person; nor to him who






INl


2. With the penalty of pe'u s/dow reoccional in its minimum and medium degrees, should it not exceed 6,250 pesetas and be more than
1.250.
3. With ytyto nmoyor i its medium degree topridio correcedonal in its mininium degree, should it not exceed 1,250 pesetas and he more than 25)) pesetas.
4. With arrsir luwyor to its fullest extent, should it be more than 25 but not exceed 250 pesetas.
5. With ir,,slo mftyor in its minimum and medium degrees, if it should not exceed 25 pesetas, or even though it should exceed said amount. if the theft is of nutritious grains, fruits, or wood, provided it does not exceed 50 pesetas.
Ail. 587. The followiig shall also be punished with the penalty of lrvrs/o yumyor in its miimnim and medilm degrees:
Ile who shall enter an inclosed estate or a place where trespass is forbidden, to hunt or fish, employing violence or intimidation against the person or force 'ag ainst things.
Ie who under the same conditions shall hunt or fish on an estate or fields without the permission of the owner, employing means forbidden 1 v the ordinances.
If the circumstances mentioned in the two foregoing paragraphs shall occur simultaneous y, the culprit shall be punished with the penalty of a rrmt iryur in its iimaximiiun degree.
ART. 538. The theft shall be punished with penalties next higher in degree than those respectively prescribed in the two preceding artieles--1. If the stolen objects were thins dedicated to worship or if the deed were committed during a religrious ceremony or in an edifice dedicated to the celebration thereof.
2. If the thief were a domestic or if the deed were connmitted through a r-ross breach of trust.
3. If the culprit were a recidivist two or more times.

CHAPTER Ill.

\PPIOPRIATION OF SLAVES BELONGING TO (TIiERS AND FLIGHT OF sLAVES.

This chapter includes articles 58:39 to -44. which are not applicable, ,lavery having been abolished in Cuba Ibv the law of February 11, ISSO, and "patronage" by the royal decree of October 7, 1886.

CHAPTER IN.

USURPATION.

A ir. 545. Whosoever with violence or intimidation against persons hall OCCUpy ally real property or sii a1 property right of another






37


CHAPTER II.

PENALTIES INCURRED BY THOSE WHO COMIT ANOTHER OFFENSE AFTER
HAVING BEEN CONDEMNED BY FINAL SENTENCE, EITHER BEFORE (R
WHILE SERVING IT.

ART. 129. Those who should commit any crime or misdemeanor after havintig been condemned by ia final sentence before c 1101111ing to serve it, or urgingg tho time of their punishllent, shall be published in accordance with the following rules:
1. The maximumi degree of tile penalty prescried by law for the new crime or misdemeanor shall be imposed pal theim.
2. The courts shall observe, in ,o far as applicable to this case, tile provisions contained in article S and rule 1 of article S7 of this Code.
3. The prisoners mentioned in this article shall 1) pardoned at the age of 70 years if they should already have served out their original sentences, or when they shall have completI their tor1s1 after attaining said age, unless they shOUld not he worthy of this aCt of grace, on account of thlir I 1d conduct or any other crli mstances.

TITLE VT.
EXTINCTION OF PENAL LIABILITY.

AR. 1 ,O. Penal liability is exting'uisled1. By tMe death of the culprit always. in so fal as personal penalties are concerned; and with regard to pecuniary liabilities, only when no tinal sentence 110 1'l ilposl at the timI of his death.
2. By the completion of h6,; term.
3. By allillesty -which completely extin11illishe' the penalty and ll its efdects.
4. By pardon.
A person free 1y I W pardon tn not resild in tile p1am (f Lresidnce of the oflend.d party with(It his c(nt during the tinm that the sentence would have lasted had it not leen for the pardon, said pardon granted bngotherwise voidl.
5. By co donation granted lby the offendedl Iparty. Slolld the penalty havc been imposed r ('imIS iiN which pitlili' l 'rom'tin (an ot he instituted.
6. By prescription of the crime.
7. By prescription of the penaly.
Awlr. 131. Crimes prescribe twen Ity yrsaft, r thwir. connalission. when the law lixes the penalty of delath or of "o/, /w p, r'p bw for the crime.
After tifteen years, when th penalty fixed is any other corporal penalty.
After ten years, when the penaltic, fixedl are cor rect iol 1.







13

There is treachery when the culprit commits any crime against persons employing neanu, methods, or forms in the execution thereof which tend to directly and specially insure it without risk to the person of the criminal arising from the defense the injured party might make.
4. When the crime is committed in consideration of a price, reward, or promise.
5. When it is committed 1b y means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage, deraihent of a locomotive, or 1) the use of any other artifice involving great destruction.
6. When the crime is comnmitted by means of printing, lithography, photography, or other similar means facilitating publicity.
Courts shall take this circumstance into consideration. qualifying it as aggravating or extenuating, according, to the nature and effects of the crime.
7. When the evil accomplished lv the crime is deliberately mcreised by causing other evils unnecessary for its execution.
s. When the act is committed with evident premeditation.
U. When craft, fraud, or disguise is employed.
10. When advantage is taken of superior strength or meaus are employed to weaken the defense.
11. When the act is committed with abuse of confidence.
1'. When advantage is taken by the culprit of his public position.
13. When means are employed or circumstances brought about which add ignominy to the natural effects of the act.
14. When the crime is committed on the occasion of a fire, shipwreck, or other calamity or misfortune.
15. When the crime is committed with the assistance of armed persons, or of persons who assure or provide immunity.
1. When it is committed at night, or in an uninhabited place or by a gang.
The court shall take this circumstance into consideration according to the nature and characteristics of the crime.
17. When the crime is committed in contempt of or with insult to the public authority.
IS. When the culprit has been previously punished for a crime for which the law fixes an equal or greater penalty, or for two or more crimes for which it fixes a lighter penalty.
Thi> circumstance shall be taken into consideration by the courts according to the circumstances of the delinquent and the nature and effects of the crime.
19. When he is a recidivist.
A recidivist is the culprit who being found guilty of one crime should have been sentenced for another crime included in the same title of the code.






106


If he does not disclose them the penalties shalt 1 r v+ n1w rid a fine of front 325 to 3,251 pesetas.
This provision i> not applicable to husbands, parents, guardians, or persons acting in their stead with regard to papers or letters belonging to their wives, children, or minors under their custody.
ART. 518. The manager, clerk, or servant who in such capacity may be informed of his employer's secrets, and shall divulge them, shall be punished with the penalties of aIrresto mayor and a fine of from 325 to 3,250 pesetas.
ART. 519. The manager, employee, or laborer in a factory or other industrial concern who, to the prejudice of the owner's interests, shall disclose the secrets of his industry, shall be punished with the penalties of priset coleccional in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas.

TITLE XIII.
CRIMES AGAINST PROPERTY.

CHAPTER 1.

ROBBERY.
ART. 520. Those who, with intent of profiting thereby, shall take possession of the personal property of another with violence or itttitnidation of the person or )y employing force with regard to the personal property, are guilty of the crime of robery.
ART. 521. A person guilty of robbery with violence or intimidation of the person shall be punished:
1. With the penalty of nadena perpetea to death if oil account or on the occasion of the robbery there results honicide.
2. With the penalty of o/dena teipt'oral in its tiedium degree to cadena wiJfhrt, if the robbery should be accotnpanied by violation or mutilation caused purposely, or if on account or on the occasion of the robbery at v of the injuries punished ill No. t of article 429 should be inflicted, or should the robbed person ie detained for ransom or for more than one day.
3. With the penalty of 1 no A e/Hmpa/ if on the satime account or
occasion sotie of the injuries punished in No. 2 of the article mentioned in the foregoing number should le inflicted.
4. With the penalty of jerh/d/u myor in its miediuin degree to cde 11'tnpral ill its mitlini ui degree if the violence or intimidation that should have attended the robbery were of a gravity tmanifestly unnecessary y for its execution: or if il the perpetration of the eritie injuries of the kind tientioned in Nos. :, and 4 of said article 429 should have been inflicted by the deliniqittts upon persons not responsible for the crime.





66. Maximum degree of relego- From 19 years 1 month and 11 From 19 years I month and 11
rids tssmpora in its maxi- days to 20 years. daYs to 19 years 4 months and
mum degree. 25 days.
67. RIlegariW tesporatin its maxi- From 17 years 4 months and 1 From 17 years 4 months and 1
mnm degree to relegacidn day to relegacion perpctua. day to 18 years and8 months.
te rptua.
6. Suspension..................... From t month and 1 day to 6 From t month and I day to 2
years. years.

69. Suspension in it, minimum From I month ant 1 stay to 4 From t month and 1 day to 1
and medium degrees. years. year I mouths and 20 days.

70. Suspension in Its medium and From 2 years and 1 day to 6 From 2 years and 1 day to 3
maximum degrees. years. years and 4 months.
71. Suspension in Its maximum From t years and 1 day to 8 From 4 years and 1 day to 5
dtgris to temporary also- ' years. years and 4 months.
htit disq tlliiis tioi in its
miimiium degree.

72, SIuspienslion in its maximum From 4 years and I day to 10 Maximum degree of suspension.
tegres It tempsOrary also- years. (Froim I years and 1 day to 6
lit disqualiication in its years.)
metdiumii degree.
7:1. Suspension in its medium and From 2 years and 1 day to 10 From 2 years and I day to I
maximum tgrie, to tem- year, years and s months.
tio in its medium degree.


From 19 years 4 months and 26 da. to 19 years 8 months and

From 18 years 8 months and 1 day to 20 years.

From 2 yearsand 1 day to4 years.

From 1 year 4 months amid 21 days to 2 years 8 months and 10 days.
From 3 years months and I day to 4 years and 8 months.
From 5 years months and I day to 6 years and 8 months.


Minimum degree of disqualifleation. (From 6 years andi day to 8 years.)

From 4 years 8 months and 1 day to 7 years and 4 months.


From 19 years 8 months and 14 days to 20 years.

Relegaci6n perpetao.


From 4 years and 1 day to 6
years.
From 2 years 8 months and 11
days to 4 years.

From 4 years 8.months and 1 stay to 6 years.

From 6 years 8 months and 1 day to 8 years.


Atedium degree of disqualifieation. (From 8 years and 1 day to 10 years.)

From 7 years 4 months and 1 day to 10 years.






136


Any person from whom an officer may have received such gift, present, offering, or promise shall be exempt from all punishment, provided he give information of the fact to the proper authorities, with the evidence necessary to prove the same.
IT. Article 400 of the Penal Code is hereby amended to read as follows:
Whenever any of the crimes included in this chapter shall have been committed by reason of a demand made by a public officer, the latter shall suffer the penalties provided for in the preceding articles in their maximum degree, and the party who may have acceded to such demand shall suffer the said penalties in their minimum degree.
The simple demand on the part of a public officer, though not followed by actual bribery, shall render such officer liable to punishment under the provisions of the preceding articles.
The provisions of the second paragraph of article 398 shall apply to this article.
In every case included in this chapter the gifts or presents shall be confiscated to the State.
ADNA R. CHAFFEE,
rimI'rGe (c/t t!, (i hef of Staf.



No. 11s.

HEADQUARTERs DIVIsioN OF CUBA, JHutana, July 24, 1899.
The military governor of Cuba directs the publication of the followino order:
1. Article 02 of the Penal Code is hereby modified to read as folloNN s:
All Persons who, in public places or establisliments, promote or take part in any game of chance, except purely for recreation or pastime, shall le subject to a fine of from three to fourteen dollars.
All persons who take part in any lottery or unauthcrized rate, or who possess slips or tickets of the sauce, shall te subject to the saine penalty unless the act be included in the greater offense provided fc r in article 3.55 of the Penal Code; as well also as those wh cause the insertion in the papers or the publication of announcemnents or notices concerning such lotteries or raffles, and the directors, editors, and printers of the papers publishing the same.
II. Hereafter no application for the establishment or authorization of any lottery will be granted by any municipal, provincial, or other public officer of the island of Cuba.
ADNA II. CIIAFFEE,
Brigadier-Gerca'l, ('if <>l'f stuf.:






147


food or drug which is not composed of ingredients in accordance with the demand of the purchaser.
S. No person in Porto Rico shall substract from any article of food any part of it. so as to affect injuriously its quality, substance, or nature; and no person shall sell any article so altered without making disclosure of the alteration.
All drugs sold must be of the standard quality and strength prescribed in the Spanish or United States pharmacopeias.
io. All compound. proprietary, patent, or secret remedies sold in Porto Rico shall bear upon the bottle, box, or package an exact formula, stating the constituents of the medicine or remedy.
11. No pharmacist not a leisally qualified physician shall prescribe remedies for the sick. Every bottle, box, or package containing any medicine or drug shall be labeled with the nane of the same and with the mine of the physician who wrote the prescription. Pharmacists shall not sell arsenic, strychnine, or their compounds, or other drugs connonly known as deadly poisons, e t upon the prescriptions of legally qualified physicians. Before such sale is made the name of drug and its quantity, the name of the physician prescribing, and also the name of the purchaser shall be entered in a book especially kept for the purpose. The purchaser shall sign his name in a book 1elow the entry made by the druggist. Every bottle, box, or packae containing a dIangterous druu shall be distinctly labeled )"/n . and the person shall 1e warned of the nature of the article. 12. Violation of the provision of this regulation shall, upon conviction, be punished with a fine of not less than $10 nor more than $200, or imprisonment for not less than five nor more than ninety days, at the discretion of the court.
By coinniand of Brigadier-General Davis:
W. P. HALL, Ad jtant-General.



(IiENERAL ORDERs, HDQus. DEPARMiENT OF PoUTo Rico,
No. t52. YSOIn Jan %1tatt, 29, 1899.
Upon the recommendation of the judicial board, the following is published for the information and guidance of all concerned:
I. In all cases whrin under the penal code now in force tribunals of justice Iamiay imipose confinement as a punishment for crime the several courts hay ing jurisdictions to impose such punishment are heredy authorized to add the imposition of hard labor to such punishment during the tern of imprisonment wherever. in their judgment, the imposition of such labor may be advisable.
II. The court shall include in its sentence the designation of the jail wherein the prisoners sentenced for tennis of less than six months shall serve their imprisonment but the place of coninement of such





24

Arr. In cases in which the crime committed is different from
that which the culprit had intended to commit the following rules shall be observed:
1. If the penalty prescribed for the accomplished crime should be higher than that corresponding to the crime which the culprit had intended to commit, the penalty corresponding to the second shall be imposed oi tihe culprit in its maximium dei'ree.
I I' the penalty prescribed for the accomplished crime should be lower than that prescribed for the one which the culprit had intended to coiiiit. the penalty corresponding to the former shall be imposed on him, also iii its maximum degree.
3. The provisions of the preceding rule shall not be applicable if the acts comiiitted lv the culprit should constitute, besides, an attempt to commit another crime or another frustrated crime, if the law should punish these acts with a higher penalty, in which case that corresponding to the attempt or frustrated crime shall be imposed in its maxinumi d(egree.
ART. 64. -pon the principals in a frustrated crime shall be imposed the penalty next lower in degree than that prescribed by the law for the consummated crime.
Tie same rule shall be observed regarding the principals in frustrated misdemeanors.
A:rr. 6.5. Upon the principals in aii attempt to counit a crime shall le imposed a penalty lower lv two degrees than that prescribed by law for tile consunnmated crime.
ART. (i;. Upon the accomplices in a consuniniated crime shall be' imposed the penalty next lower iii degree than that prescribed by law for the consummated crime.
ART. 67. [pon the accessories in a consunmnated crime shall le imposed the penalty power lv two degrees than that prescribed by law for the con.suniniated crime.
ART. GS. hp'i I the aceompliees in a frimstrated crime shall be imposed the penalty next lower iii degrie than that prescribed by law for the frustrated crime.
ART. W). Upon the accessories in a frustrated crime shall be imposed the peinalty lower )v two degrees than that prescribed by law for the frustri ated crime.
A ir. Ti. Ilpon the accomplices in an attempt to commit a crime shall be imposed the penalty'next lower in degree than that prescribed lby law for the attempt to commit the crime.
ART. 71. Upom the accessories in aii attempt to commit a crinie shall be imposed the penialty lower by two degrees than that prescribed by law for the ItteImpt to conmit the crime.
AmrT. 'IThiere are excepted from the provisions of articles 67, 69, and 71 the accomiplices mentioned iii No. 3 of article 14, in whose


































































































s






125


provided that a greater penalty should not be prescribed for the deed on account of its seriousness or character.
8. Those who keep in places on the outside of their dwellings overhanging the streets or public way, objects that threaten to cause damage to passers-by.
ART. 608. The following shall be punished with a fine of from 15 to 125 pesetas:
1. The owners of eating houses, inns, and other establishments for the reception of guests who shall fail to give to the authorities the reports and information prescribed by the regulations, ordinances, or proclamations at the time and in the manner prescribed therein.
2. The domestic servants, grooms, and employees who shall fail to comply with the provisions established by the authorities for public assurance and security.
ART. 60). The following shall be punished with a penalty of from 74) to 200 pesetas:
1. Those who shall violate the rules established for avoiding the spread of fire from steam engines, boilers, ovens, stoves, chimneys, or other similar places, or who shall place-or construct said objects in violation of the regulations, ordinances, or proclamations, or who shall fail to clean or take care of them, thereby causing' (Liua,,e of fire.
2. Those who in violation of the orders of the authorities shall neglect to repair buildings about to collapse or having a had appearance.
3. Those who shall violate the rules of safety concerning the deposit of any materials, the digging of wells or excavations.
4. Those who shall violate the regulations, ordinances, or proclamations of the authorities relating to the manufacture and safe-keeping of infiamnumable or corrosive materials or chemical products liable to cause damage.

TITLE II.

MISDEMEANORS AGAINST THE PERSON.

ART. 610. Those who shall cause physical injuries that prevent the injured person from working for from one to seven days, or make medical attendance necessary for a similar period, shall be punished with the penalty of u,,eato iayur.
If the offender should be a son, pupil. or slave of the person injured, the maxinmum degree of the penalty shall be imposed, whatever be the other attendant circumstances.
ART. oil. The following shall be punished with a penalty of from five to fifteen days of arrest and censure:
1. Those who shall cause physical injuries that do not prevent the person injured from devoting himself to his customary labors. nor require medical attendance.






15


ART. 13. Accomplices are those persons who, not being included in the preceding article, cooperate ill the execution of the act by other previous or simultaneous acts.
AlI. 14. Accessories are those who, having knowledge of the commission of the crilie and without having participated therein either as principal or accomplices, subsequently take part in its execution ill anv of the following manners:
1. BY themselves making protit or by assisting the delinquents to profit by the effects of the crime.
2. BY concealing or rendering useless the body, effects. or instruients of the crime iin order to prevent its discovery.
3. By harboring, concealing. or assisting in the escape of the culprit, provided any of the following cireumstances are attendant:
(1) Wheil the accessory takes advantage of any public office he may be holding.
(2) When the delinquent is guilty of treason. regicide. parricide, assassination. attempt against the life of the Governor-General, or known to be ati habitual criminal in any other crime.
ART. 15. Those whole are accessories of their spouses, ascendants, descendants, leigitiiate. natural. or adopted brothers or sisters, or relatives by aflinitv in the sam11e degrees, are exempt from the penalties imposed upoll accessories; also slaves and freedmen with regard to their masters and patrons or the spouses or other relatives of the latter iii the degrees mentioned, with the only exception of such accessories as may he included iii No. 1 of the preceding article.

CHAPTER 11.

PEis()Ns CIVILLY LIABLE FOR CRIMES AND MISDEMEANORS.

ART. 1. Every person criminally liable for a crime or nisdenieanor is also civilly liable.
ART. 17. The exemption from criminal liability declared in No-. 1, 2, 3, 8, and 11 of article 8 does not include exemption from civil liability. which shall be enforced subject to the following rules:
(1) In cases 1. 2, and 3, the persons who are civilly liable for acts conmIitted by a lunatic or imbecile. or a person under ' years of age, or over this age and under 1, who has not acted with the exercise of jidgmiint. are those who have them under their authority. legal guaridanship, or power, unless they prove that there was no bhliie or neg ligence on their part.
Should there le no person having them under his authority, legal gniardiainship, or power, or if Such person be insolvent. the said lunatics. iibs or min ors shall answer vith their own property, exceptinig that part which is exempted for their support in accordance with the civil law.






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ART. 358. The judge who shall knowingly pass an unjust sentence upon a guilty person, if it should not have been put into execution, shall be punished with the penalty next lower in degree than that which he had imposed by such unjust sentence, if the crime were a grave crime, and with that next lower by two degrees than the sentence imposed if the crime were less grave.
In all the cases of this article there shall also be imposed on the culprit the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification.
ART. 359. If the unjust sentence should be knowingly passed upon acriminal in a trial for a misdemeanor, the penalties shall be those of arresto mawyw and temporary special disqualification in its maximum degree to perpetual special disqualification.
ART. 360. The judge who in a criminal prosecution shall knowingly pronounce an unjust sentence in favor of a criminal, shall incur the penalty of pI'rbih crr I ool in its minimum and medium degrees and temporary special disqualification in its maximum degree to perpetual special disqualification if the cause were for a grave crime, and that of arire'kto mayor in its maximum degree to Jr''/.0n ('Cona in its minimum degree and the same disqualification, if the prosecution were for a less grave crime, and that of rei'j'sbo mayor, in its minimum degree and suspension, if the prosecution were for a misdemeanor.
ART. 361. The judge who shall knowingly render an unjust judgment in a civil cause shall incur the penalties of arre'osto mayw' in its medium degree to pnrisin ceti'acuifonl in its minimum degree, and temporary special disqualification in its inaxinini degree to perpetual special disqualification.
ART. 362. The judge who, on account of inexcusable negligence or ignorance, shall render judgment or pass sentence in a civil or criminal case that is manifestly unjust, shall iicur the penalty of temporary special disqualification in its naxinmuni degree to perpetual special disqualification.
ART. 363. The judge who shall knowingly pronounce aii unjust interlocutory decree shall incur the penalty of suspension.
ART. 364. The judge who shall refuse to pass upon a cause, hinder pretext of obscurity, insufiiciency, or silence of the law, shall be punished with the pemialty of suspension.
The judge guilty of malicious delay in the administration of justice shall incur the saie penalty.
ART. 365. The public official who shall knowingly render or advise an unjust interlocutor decree or decision of administrative litigation or in a matter inerely admnin istrative, shall incur the penalty of tern porary special disqualiticatiom im, its maximum degree ill) to perpetual special di.squalitication.






94

reconcile the disputants, or should not have agreed to arrange the conditions of the duel in the manner the least dangerous possible to the life of the combatants.
A RT. 445. A duel which takes place without the attendance of two or more seconds of legal age for each of the combatants, and without their having selected the arms and arranged all the other conditions thereof, shall be punished:
1. With prision co/IrecCional, if neither death nor wounds result therefrom.
2. With the general penalties of this code, if they should result, never falling below that of pri/a corkecciownl.
ART. 446. There shall likewise be imposed the general penalties of this code. and in addition that of temporary absolute disqualification:
1. Upon the person who shall provoke or give rise to a challenge with pecuniary interest or immoral purpose in view.
2. Upon the combatant who is guilty of treachery in disregarding the conditions ag reed upon by the seconds.

TITLE IX.
CRIMES AGAINST CHASTITY.

CHAPTER 1.

ADULTERY.

ART. 447. Adultery shall be punished with the penalty of pr/L/hn cOrr1,ccionwl in its inediiui and maxinmim degrees.
Adultery is committed by the inarried wonian who lies with a man not her husband and by him who lies with lier knowing that she is married, although thc niarriage he afterwards declared void.
ART. 448. Adultery committed 1 by a slave with the wife of his Iaster or a freedman with that of his patron, shall be punished with the penalty of pr/isoin nlwtO.
ART. 449. No penalty shall be imposed for the crime of adultery except upon the complaint of the aggrieved husband.
The latter call enter a complaint against both guilty parties if alive, and never if li had consented to the adultery or pardoned either of the culprits.
ART. 4,50. The husband iiav at any time obtain the remission of the punishment imposed upon his wife.
In such case the adulterer's penalty shall also be considered as remitted.
ART. 471. The final judngment rendered in a suit for divorce on the groun d of adultery shall have full effect as to penal conseque nes if it absolves the respondents.
If the judgment is condeiniatorv of the respondents, however, a

















MODIFICATIONS OF AND ADDITIONS TO THE PENAL CODE MADE
BY THE MILITARY GOVERNMENT OF PORTO RICO.

GENERAL ORDERS, H HDQRs. DEPARTMENT OF PORTO Rico,
No. 109. min eo, Jely 1. 1.99.
The United States provisional court. instituted by General Orders, No. 88, current series, these headquarters, having been vested with jurisdiction over cases arising in Porto Rico under Vnited States Statutes, the following section of these Statutes will apply to this military department (in addition to the existing local law, articles 150 and 249, Penal Code), and are published for the information and guidance of all concerned:

SEc. 5336. If two or more persons (in any State or Territory) conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to take, seize, or possess any property of the Unitel States contrary to the authority thereof, each of them shall be punishol by a fine of not less than five hundred 'lollars and not more than five thousand dollars, or by imprisonment, with or without hard labor, for a period not less than six months nor more than six years, or by both such fine and imprisonment.

SEc. 5283. Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and1 arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel with intent that such vessel shall he emplovel in the service of any foreign prince or state, or of any colony, district, ,r people, to cruise or commit hostilities against the subjects, citizens, or property of any f,,reign prince or state, or of any 44l n, district, or peopie with whmn tle Unitel States are at peace, 'r issues or delivers a commission within the territory or jurisdiction of the United States for any vessel to the intent that she ma' 1he so eiplo i ed, shall le deeiued guilty of a high misdemeanor, and shall be fined iit more than tell thousand I'llars an'd iiimprisinet not more than three years; and every such vessel, her tackle, apparel, ail furniture, together with all materials, amunition, an' stmrs which may have been procured for the building anil equipment thereof, shall 1' forfeited, one-half to the use of tile informer an'd the other half to the use of the United States.
* ** ** * *
The following are authoritative opinions relating to the foregoing Statutes:
It is also a well-established principle of American law that if a publication be calculated to alienate the affection of the people by bringing the Government into disesteei, whether the expedlient r rte" tIo b' ridi'Ilv 'or dI'Oquy, the writer and publishir are punishable; an 111%4)N h r th Id' f4 n nl-lld t I - inlt('1I41 by his Ipubli143






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TITLE V.
PROVISIONS COMMON TO ALL MISDEMEANORS.

ART. 628. In applying the penalties of this book the courts shall proceed, according to their judgment, within the limits of each of them, in view of the circumstances of each case.
ART. 629. Accomplices in misdemeanors shall be punished with the same penalty as the principals, but in its minimum degree.
ART. 630. The following shall always be confiscated:
1. The arms that the offender may have carried in causing any damage or inflicting any injury, provided he displayed them.
2. The imitated, adulterated, or changed beverages or foodstuffs, provided the' be noxious to health.
3. The counterfeit money. or falsified, adulterated, or damaged effects, given out as lawful or good.
4. The foodstuffs with regard to which the public is defrauded either in quantity or quality.
5. The false measures or weights.
6. The outfits employed in unauthorized games of chance or raffles.
7. The articles used in divinations or other similar frauds.
ART. 631. The courts shall order the confiscation of the instruments and articles relating to the misdemeanors mentioned in the foregoing article, according to their discretion, in view of the cases and circumstances.
ART. 632. When insolvent persons are punished with fines, they shall be punished with one day's arrest for every 15 pesetas for which they are liable.
If such liability should not amount to 15 pesetas. they shall, nevertheless, be punished with arrest for one day.
They shall also be punished with one day of arrest for ever 15 pesetas as to the other pecnniary liabilities in favor of a third party.
ART. 633. The provisions of this book neither exclude nor limit the powers that by virtue of the municipal laws or any other special laws belong to the officials of the administration in issuing proclamations relating to police and good order, and in the administrative correction of misdemeanors in cases in which their repression may have been confided to them by the said laws and decrees.

FINAL PROVISION.

ART. 634. All the general penal laws existing prior to the prolmlgation of this Code are hereby repealed. excepting those relating to crimes not subject to its provisions, in accordance with the prescriptions of article 7 and the royal decree of September 29, 1866, ordering the observance of the project of law for the repression and punishient of the slave trade.






80


1. With the penalties of prisidn mayor and a fine of from 625 to 6,250 pesetas, provided that a grave injury to a third person or the public interests has resulted from his action.
2. With ])pr5sOn cu'rld'/On/ in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas, if the injury to the third person or to the public interests were not grave.
In either case there shall furthermore be imposed the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification.
ART. 372. The public official who, having charge of the custody of papers or effects sealed by the authorities, should break the seals, or consent that they be broken, shall be punished with the penalties of prisifn correccionl in its minimum and medium degrees. temporary special disqualification in its maximum degree to perpetual special disqualification, and a fine of from 625 to 6,250 pesetas.
ART. 373. The public official who, not being included in the foregoing article, should open, or consent to the opemiing, without proper authorization, of closed papers or docnmneits whose custody may have been entrusted to him, shall incur the penalties of a rr,,to mlwyor, temporary special disqualification, and a fine of from 225 to 3.250 pesetas.
The penalties prescribed in the three preceding articles are also applicable to ecclesiastics and to individuals entrusted tenmporarily with the transmission or custody of documents or papers, by commission of the government or of officials to whom they may have been entrusted by virtue of their office.

CHAPTER IV.

VIOLATION OF SECRETS.

ART. 374. A public official who shall reveal the secrets of which he may have knowledge by virtue of his office, or who shall wrongfully deliver papers or copies of papers which he may have ini his charge and that should not be made puldic, shall incur the penalties of suspension in its minimum and medium degrees and a fine of 325 to 3,250 pesetas.
If serious injU ry to the public interest should be caused by the revelation or the delivery of the papers, the penalties shall be temporary special disqualification in its maximum degree to perpetual special disqualification and p',s/oU W'rt'rc'w// in its medinmn and maximum degrees.
ART. 375. A public official N ho, by virtue of his office, knows the secrets of an individual and reveals them, shall incur the penalties of suspension, iwroayor, and a fine of from 325 to 3,250 pesetas.







172

Article.
Coercion and threats--------.----------------------------------- 512,516,612
Officials..--------------------------------------------------------------- 19
Omissions and acts, voluntary -----------------------.----------------1 et seq.
Opening of correspondence------------------------------------------ 207-209
Outrages against deputies, senators, etc., what constitutes --------- 165, 166, 262-266
(See Acts of contumely.)
Owners of gambling houses --------------------------------------------- 354
Pardon -------------------------------------------------- 45,53, 129, 130,201
Pardon or condonation, when efficient.--------------------------.. 22, 130, 467, 486
Parental authority: Correction of the child by the parent.----------------- 429
Parricide ...----------------------------------------------- 14, 328, 413, 420,437
Patents. (See Literary and industrial property.) Pawnbrokers .....------------------------------------------------------ 570,571
Pawning goods belonging to another ..------------------------------------- 561
Pecuniary liabilities ---------------------------------------------------- 48
Penal action:
Is not extinguished by the pardon of the party in crimes prosecuted de
qfl ,,iu . .- .- .- . . . . .- - - . . . . . . . . .- - - . . . . . . . . .- - . . . .- ... - . . . . . ... -. . . . . . . 2 2
Prescription of -------------- -------------------------------------- 130
Penalties:
Arbitrary ....--------------------------------------------------- 192 et seq.
Division into degrees of all penalties. (See Appendix; Prescription.)
For calumnious accusation ...--------------------------------------- 334-338
Formation of graduated scales. (See Appendix.)
Influenced by relationship ---------8, 10,413, 422, 429, 433,436,459,469, 484,591 Their classification, duration, and effects, rules for applying, etc--------- 20, 118 Perjury. Order 116, M areLih 17,1900 .-- ...- ...- ......... ................ -. -Personal ,edulas, falsification of ..-------------------------------------- 316-321
Personal coercions . ...---------------------------------------------- 512-516, 612
Persons:
Civilly liable ------------------------------------------------- 16 et seq.
Criminally liable ------------------------...------------------------- 11, 12
Perpetual expulsion ----------------------------------- 24,27,54,87,88,92,110
Pharmacists ---------------------------------------------------------- 603
Physical injuries: Castration, mutilation, wounds, etc ------------ 427, 437, 610, 611
Physicians:
Abuse of their profession.---------------... ---------------------- 319, 426, 488
Misdemeanors committed by---------------------..------------------ 607
Picklocks. (See Keys.)
Piracy -------- ---------------------------------------------- ------ 153,154
Plans for regulating price of goods--------------------.. ------------------- 509
Pledge of a thing belonging to another----------------------------------- 561
Poison-- . . ..------ ------------------------------------------- 10,414,429,431
Police regulations, penalties which can 1w prescribed in --------------------- 633
Possession, disturbance of a person in the, of his property ------------------- 216
Premeditation -------.. -------------------------------------------- 10, 414, 429
Prescription of penalties and criites, when it takes place ----------------- 130-133
Preidio correctional, yer. . ------------------------------ 24, 27, 56, 57,87, 88, 95, 111
Priests and ministers, provisions relating to -------------. , 142,275, 310, 369,371,388
Principals of crimes, their liatility, etc ------------.. ------------ 12,62,65,125,469
Printing, liability .. ..------------------------------------------ 7,10,191,458,613
Prisoners. (Set Flight.)
Primin correcciowu/ ------------------------------------------- 24,87,88, 95,113






153


medium degree; prison Correccional in its maximum degree to prison mdynr in its medium degree; arre no i'yeo in it., maximum
degree to pri/ Scale . 3,.-Releaci/n temponrd in its maximuni degree to relegacifn) perpetaa; coPjnamiento in its maximum degree to releqacian temporal in its medium degree; banishment in its maximum degree to connmiento in its medium degree; public censure to banishment in its medium degree.
Scale . i.- f'idena tempewral in its miediumn degree to cedena perpetua; preidio mayor in its medium degree to eodena tmporal in its minimum degree; oes/al;o rorrecc/
FOURTH GROUP.

[Penalties composed of three or more degrees of two penalties, which in their
decrease are governed by rule fourth of article 74.]
Scale 2Th. 19.--l,,e)to bayor ;n its inaximum degree to
correccifnial in its medium degree; fine to or/c/ lmyor in its medimni degree.
Scale No. 20.-Preaidio corrccional in its maximum degree to presidio mayor in its medium degree; arrito amy'r in its maxininum degree to presidio correccional in its medium degree; fine to arresto mayor in its medimn degree.
Swle X>. 21.-PrCadio moyor in its medium degree to cadena temporal in its iininum degree; prexidio corrccowtlO in its medium degree top s/dn ow ynr in its iniiimunim degree; a riao olynr in its medium degree to pori/d/o iurrec/onl in its mllimum degree; fine to arresto omayae in its muiniimuim degree.
Scale Y,. 22. -Pr/s/dn olyor in its medium degree to recle'idn tmporal in it. minimum degree; pria/on correcciainal in its medium degree to pris/dn oaymo in its minimum degree; arresto mayor in its medium degree to prci/oll cwrrciol in its minimum degree; fine to areexto om '0yr in its miininiun degree.
Scale !. 2-.-Suspinsion front in its maximum degree to
temporary absolute disqualification in its medium degree; fine to suspension from - in its medimn degree.
Scale X(,. 24 (of four degrees).-Arresto maywr to prison correccional in its miniiumin degree; tine.
Scale Xe. 25.- ( momjinm o/n, in its maximum degree to releqacidn temporal; banishment in its mximumin degree to con/f/iamielito in its medium degree; public censure to banishment in its medium degree; caution; tine.




















INDEX.



Abandonment: Ardele.
Of office or public duties .. ..----------------------------------------.. .., 412
Of the education of children -------------------- --------------------611
Of children . . . . ..----------------------------------------------- 506-508,611
Abduction of minors ----.------------------------------------.. 503-505, 508
Abduction of women ....----------------------------------------------- 463-470
Abortion, crime of. . . ...------------------------------------------------- 423-426
Absconding and criminal failure and insolvency ------------------------.. 547-557
Abuses:
Of ecclesiastics. . . ..--------------------------------- 142, 275, 310, 369, 371, 388
Against chastity . . ...-------------------------------------------- 390, 391, 455
Of credulity by divination, etc --------------------------------------- 614
Of rank ---------.---.--------------------------------------------- 10
Accessories in crimes, who are, their penalty, etc-------------- 14, 15, 67, 69, 71-75
Accomplices:
Who are such, etc -----------------------.. 11, 13, 66, 8, 70, 74, 75, 125, 469, 552
In misdemeanors --------------- ----------------------------------- 629
Accusation or denunciation, penalties for calumnious, etc ---------------- 334-338
Acknowlegemuent of children .------------------------------------------- 468
Acts of contumely . .. ..--------------------------------------------- 474-486, 613
Against the King. . . ..---------------------------------------------- 159-160
Against the colegislative bodies or ministers ,f the Crown--------------- 167
Concessi ni )f permission to prosecute those cmonmitted during judicial
prtceedings. . ...---------------------------------------------------- 486
And omissions, voluntary ---------------..------------------------ I et seq.
Administrative licenses ...------------------------------------------------ 505
Adoption an impediment to marriage..------------------------------------ 496
Adulterated medicine, etc---------------------------------------------- 349,603
A dulterated substances ........-...-----.. -..... -..... --. -....... -... --. 603, 604
Adultery ------. ----------------------------------------------- 437,447-452
Age, its influence in the increase or reduction of penalties- 8,9,10,17,84,107,129 Aggravating circumstances in crimes--------------------------- 9, 10, 76-96, 591
Amnesty ...--------------------------------------------------- --------- 130
Animals:
Fierce and danceros --------------------------------------------- 607, 618
Cruelty to, order of May 28, 1900. ......- .... ..-- ---- -- ------- . page 140
Apprentices. . ..------------------------------------ ----------------------19
Arbitrary punishments, imposed by t icials and authrities------------ 192 et seq.
Archivists, faithlessness in the custody of documents --------------------- 371-373
Armed force . . . . ..----------------------------------------------------- 10,164
Arms:
Their use without permission -------------..------------------------ 599,612
Discharge of, according t,, the cases-------- . -------------------- 421,595
165






















































































































































































































































































































































































































































































s
















PENALTIES.


The translation of legal words and phrases from Spanish into English presents certain difficulties because Spanish and English procedure are so different. While both have some features in common, there are to be found courts, offeials, and methods peculiar to each for which no exact equivalent can be found in the other language. The translator must he constantly on his guard against making an interpretation of law, and should never hesitate in a legal translation to sacrifice, what may be called good English, for fidelity to the original text. It therefore becomes necessary at times to leave the original expression untranslated rather than make a paraphrase of an expression for which there is no exact equivalent.
This feature of legal translation may be illustrated by calling attention to the manner in which Spanish law deals with the subject of penalties. They are divided into corporal (ot/etbe4, correctional (coreccionales), and lightt (1 (cs). There are penalties common to these three classes and also accessory penalties (penas ecesoi/ax), fractional penalties penss fraceonlew '), and composite (/npsts), and from these different classes there have been developed in the penal code sixty degrees of penalties.
The penalties e/lbctrers or correchetnb ,s employed in the penal code, which are included in the general scale of article 24, are comprised in one or itote of the six graduated scales of article 90, formed for the purpose of regulating the increase or reduction of certain penalties for crimes committed, frustrated, or attempted, for complicity therein, concealment, and for the purpom' of taking into account aggravating Or extenuating( cirttstattes.
A simple penalty according to the general scale would le, for example, arresto nwyerw', prision c(rec hon, or banishment. A double penaltY is created by the imposition of two or more simple petaltiesas, for example, r aor and a fillte. An alternative penalty ty leaves
the imposition of one, two, or itore simple penalties to the discretion of tile court-as, for exantple, /,, sre o n/y/., hatiishine it, or a fine. Fractional penalties are those which permit the imposition of one or two stated degrees of a given penalty and even of a certain portion or combination of penalties-as, for example, Jl(O/0wr in it. ttaximum degree, or pis/? 01rce/on/l in its minittu and mtedi um degrees. At other times penalties tom trH are imposed, these
150








ART. 281. He who, knowing of the falsity of the seals referred to in the two preceding articles, but without having participated in their falsification, should avail himself of or use them, shall be. punished with the penalty next lower in degree than that prescribed in the said articles for the counterfeiters.
ART. 282. The counterfeiting of marks and seals of inspectors of weights and measures shall be punished with the penalties of pr o/do vwyor and a fine of from 625 to 6,250 pesetas.
ART. 283. Those who knowingly expose for sale objects of gold or silver marked with false stamps of assay shall be punished with the penalty prescribed in the preceding article.
ART. 2'4. The counterfeiting of the seals used by any authority, tribunal, official corporation, or public office shall be punished with the penalty of plsi'/db" coecc/ono/ in its iininun and medium degrees and a fine of from 375 to 3,750 pesetas.
The mere use of seals of this kind with knowledge of their falsity shall be punished with the same penalties, if gain to the prejudice of the public funds were intended; otherwise, the penalty next lower in degree shall be imposed on the culprit.
ART. 285. The falsification of the seals, marks, and countersigns which are employed in the offices of the State in order to identify some object or to insure the payment of taxes, shall le punished with the penalties of pi widio correcoconl in its mininium and medium degrees and a fine of from 375 to 3,750 pesetas.
ART. 286. If the falsifications referred to in the two preceding articles should have been accomplished without the cmiiploymi ent of stamps or dies or other mechanical instruments used in counterfeiting, the penalty next lower in degree than those prescribed for such crinies shall be imposed on the culprit.
ART. 287. The falsification of seals, marks, tickets, or countersigns which industrial or commercial establishments make use of, shall be punished with the penalties of )residio correcional ill its minimuli and medium degrees.
ART. 28S. Ile who shall place on sale objects of comerce, substituting foi thi mark or nanmc of tie real manufacturer the mark or name of a tictitious one, shall be punished with the penalty of r ma/or and a fine of from 3.2 to 3',2;50 posetas.
ART. 29. Ile who removes front army seal. ticket, or countersign the niark or sign that indicates that it had already been used or was useless for the object of its issue, shall also incur the penalty of urreuto mayor and a tite of from 325 to 3,250 pesetas.
He who knowimNgly makes use of such class of seals or countersigns shall incur a fine (If from 325 to 3,250 pesetas.




Full Text

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i v TRANSLATION OF THE PENAL CODE IN FORCE IN CUBA AND PORTO RICO. DIVISION OF CUSTOMS AND INSULAR AFFAIRS, WAR DEPARTMENT. July, 1900. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1900. 1

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4 I 4

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TEANSL ATION OF THE PENAL CODE IN FORCE IN CUBA AND PORTO RICO. DIVISION OF CUSTOMS AND INSULAR AFFAIRS, WVAR DEPARTMENT. J 1,1900. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1 9 I)

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TABLE OF CONTENTS. P w-,. Roval decreeBon L.-?, e'r al pi sins regarding crimes and misdemeanis, the pirsons liable, and the penalties. TITLE I.-Crimes and misdemeanors, circumstances which exempt from, extenuate, or aggravate criminal liability ---------.-------------------Chapter 1. Crimes and misdemeanors........................---...... Chapter II. Circumstances which exempt from criminal liability .... Chapter III. Circumstances which extenuate criminal liability .......... Chapter IV. Circumstances which aggravate criminal liability--------TITLE II.-Persons liable for crimes and misdemeanor -.------..-.....-..-..Chapter 1. Persons criminally liable for crimes and miisdemeani -rs..... Chapter 11. Persons civilly liable for crimes and misdemeanors.-.-_--.. TITLE III.-Penalties ----------------------------------------------Chapter I. Penalties in general..........-----...-..................... Chapter II. Classification of penalties.......... ........... .......... Chapter III. Duration and effect of penalties.............-............. Section I. D uration of penalties ---.. ------.. --... .--------------.Section II. Effects of penalties according to their respective natures. Section III. Punishments which include other accessory penalties . Chapter IV. The application of penalties.-----.....--..-.--.--.-.------Section I. Rules for the application of penalties to principals in a consummated crime, frustrated crime, and attempt; and to accomplices and accessories thereto................................... Section IT Rules for the application of penalties with regard to extenuating and aggravating circumstances..................-.... Section III. Provisions common to the two preceiling sections.-..... Chapter V. Execution of penalties and their fulfillment................ Section I. General provisions ....t --...---....... ......-Section II. Principal penalties .............---.....-.......--.. Section III. Accesstry lpenalties................................... T ITLE IV .C ivil liab ilits .. -.... --. -. --.. ...... ...-.--.....-......... TITLE V -Penalties incurred by those who violate their sentence and by those who commit new crime while serving sentence ---.......-..-----.-------Chapter I. Penalties incurred by those who violate their sentence ..--.--Chapter II. Penalties incurred bv those who conunit another offense after having been condemned by final sentence, either before or while servi ig it ---. -. -. ......--. --. _ _ _ ..._ _ ..._ TIT LE VI -Ex tinction of penal liability -.... .. ...-....-.--......... .. 9 9 10 12 12 14 14 15 1 16 17 i8 18 19 22 23 23 26 28 31 31 31 34 34 35 35 37 37 BOOK I I.-rims rindi t1hir jiiniltis. TirrE I.-Crimes against the external security of the State --..-....-....... Chapter I. The crime of treason.-....-...-.......__-__--..._-__--....Chapter II. Crimes that endane-r the peace or independence of the State 3 39 39 40

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4 TITLE I-Crime against the external sciurity .f the State-Ciitinud. Chapter III. Crimes against international law................---.-. .Chapter IV. Crimes of piracy ...-........-...-......-....--...........TITLE II.Crim es against the c i stitutiiin ---.-.........-...-.... ..-. Chapter I. Crimes of lcse majest-, against the Cirtes, the Council of )Ministers, al against the farm of government --------------------------, tionl Crim es f Ise m ajesth ............-.--..-............-.. Section 11( Crimes against the Cortes and its memliers aid against the C nn il of M inisters -. -.... -... ---.... ..... ...... ......... Section 11II. Crimes against the firm of government ..........---... Section IV. Provisiins common t ) the t tree preceding sections......Chapter II. Crimes committed on the ei asi n of the exercise of the iilividual rights guaranteed by the o stitntiin ... ..... ..... Section L Crimes committed by ilividuals on the occasion of the exercise of individual rights guaranteed by the constitution _.. . Section IL Criiis committed by public oticials against the exercise of individual rights guaranteed bv the constitution.....-.-...--Section III. Crimes in violation of the constitutional provisions relating to religion and w orship -.................................. Section IV. Provisions common to the three preceding sections...... TItLE II .-Crimes against public order -.......---....... .........--... Chapter I. Rehelliotn ..---.------..-...-.....................-.-....-. Chapter II. Sedition.---..-.---..-................--.....-.-...-......Chapter III. Provisions common to the two preceding chapters .....-... Chapter IV. Criminal attcmpts against the authorities and their agents, resistance, and disobedience................-.-.-.......-............. Chapter V. Acts of disrespect, insults, acts of contumelv and threats against authorities, and insults, acts of contumely and threats against their agents and other public officials........... .......... ......... Chapter VI. Public disorders.......................................... Chapter VII. Provisions common to the three preceding chapters....--TITLE IV.-Falsities and falsifications ...-.------................--.-..-.-Chapter I. Falsification of the royal signature or stamp, the signature of ministers, seals and marks........................................ Nection l Falsification of the royal signature or stamp and the signature of ministers ......-....-..................-.......-........ Fection II. Falsification of seals and marks.......--..-....--..--..-Chapter I Counterfeiting of money-...........................-..... Chapter III. Falsification of bank notes, instruments of credit, staiped paper, postage stamps, and other stamped articles .chose sale is reserved to the State.-------------------------.........--..----.--..Chapter IV. Falsification of documents.......... .....-.... .......... Section I. Falsification of official and cimmercial documents and telegraphic diispatches...............................----------.... Sectiai II. Falsification of private documents...................... Section III. Falsification of passports, ebdi/iis of residence, and certifeiates------------------------------------------------------Chapter V. Provisions applicable to the four preceding hapters..-...... Chapter VI. Fraud1ulnt concealment of prape rty or indistrv, false testitn Iianld false accusation and denunciatil..............---....---.. Chapter VII. Usurpation of office, rank, aid title, mnd improper use of names, dress, insignia, and decorations -----------------------------TITLE V.-Violation of laws relating to interments, violatitn ,f sepulchers aml offenses against the public health ----------------------------------Chapter I. Violation of laws relating to interments a(l the vi Iation of sep u lch ers .----...--.....-c.-.-.......--..---------------Chapter II. Offenses against the public health ......................... I "c. 42 43 48 43 43 44 46 47 47 47 50 56 58 55 5S 60 61 62 62 68 64 65 65 65 65 67 65 69 69 70 70 71 72 74 ,o 76

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5 Page. TITLE VI.Gam bling and ra atles.....-.......-.s ....---------------Tni.E VII.-Offenses coinnitted ylv public employees in the discharge f their otlice .....-.--------------------------------------------------------Chapter I. Dereliction of duty..............-..........---------------Chapter II. Faithlessness in the custody of prisoners......-.......-Chapter III. Faithlessness in the custody of documents------...----Chapter IV. Violation of secrets-----------------..----------------Chapter V. Disobedience and refusal of cooperation.................... Chapter VI. Anticipation, prolongation and abandonment of public duties..-.-.-.-.------------------------------------------------Chapter VII. Usurpation of prerogatives and illegal appointments to office---....-----------------------------------------------------Chapter VIII. Abuses against chastity----------------------------ChapterIN. Bribery------------------------------------------Chapter N. Misappropriation f public funds..........------........... Chapter XI. Frauds and illegal exactions.------------------------Chapter XII. Transactions forbidden public employees..-----------Chapter XIII. General provisions...................---. -.--_-------TITLE VIII.-Crimes against persons -.-----------------------------------Chapter 1. Parricide .....---.--.------------------------------------Chapter II. Assassination...................-----------------------.-Chapter III. Homicide---------------.. .--------------------------Chapter IV. Provisions common to the three preceding chapters --..-... Chapter V. Infanticide -----------------------------------------Chapter VI. Abortion ...............................----------------Chapter VII. Personal injuries inflicted by violence (leice) ----......-Chapter VIII. General provisions......................--------...... Chapter IN. Dueling ....-------............-.....-------.---------TITLE I.-Crimes against chastity...........----------------------------Chapter I. Alulter .............................--...........------Chapter II. hape (riolacion) and abuse of chastity................... Chapter III. Crimes of public scandal --------------------------.---. Chapter IV. Seduction and corruption of minors..................... Chapter 1'. Abduction (rapto) ...-----------------------------------Chapter V. Provisions common to the preceding chapters............. TITLE N.-Crimesagainst honor ......................---..----------Chapter I. Calumnv................................................ Chapter II Contumely..---.-.---.----.-.--.........--..-.-.v--------Chapter III. General provisi ns..................................... TITLE XL.-Crimes against the civil status of persons .._-.... .----. -Chapter I. Fictitious representation of childbirth and usurpation of civil sta tu s .............................-Chapter II. Celebration of illegal marriages....-----------------------TITLE XII.-Cimes against liberty and securitv.. ....................... Chapterl IUnlawful letentions.......------.-_-_-----_---_---Chapter II. Abduction ofinfants................................... Chapter III. Abandonment of children.....-....... -.. -.... -.. .. Chapter IV. Provision common to the three preceding chapters------... Chapter V. Forcible entry of dwellings................................ Chapter VI. Threats and acts of compulsion .......................... Chapter VII. Discovery and revelation of secrets.-.-.......-........... TITLE NIII.-Crimes against property.................... ............. Chapter I. R obbery --.. .--... ... ... .. ... -. -. ...-77 79 79 79 80 81 81 82 83 83 85 86 87 87 87 87 87 88 89 89 89 90 92 92 94 94 95 95 96 97 97 98 98 99 100 101 101 101 102 102 103 104 104 104 105 105 106 106 Chapter II. Theft . -109

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G; TITLE XIII-Crimes against property-ottinued. Chapter III. Appropriation of slaves belonging to others and flight of slaves ------------------------------------------------------Chapter IV. Usurpation ---------------------------------------Chapter V. Frands--.----------------------------------------Sectiln I. Absconding and criminal failure and insolvency ... ...... Section II. Swindles and other false pretenses............_......... Chapter VI. Plots to alter the prices of things........................ Chapter VII. Pawnbroking establishments......_......... .... .... Chapter VIII. Arson and other malicious destruction -f pry prty..--v . Chapter IX. Damage to property.......---....----.-..-..--.-..-.....Chapter N. General provisions .--------------------------........ TITLE XI.-Reckless negligence..................--------......----........ Page. 110 110 111 ]11 113 115 115 116 118 119 119 BooK III.-scsdemeanors and their Jttdits. TITLE I. Misdemeanors against public order121 TITLE II. Misdemeanors against public interests and the government of towns 122 TITLE III. -Misdencanors against the person ..... -TITLE IV. Misdemeanors against property .. Trnr: V. Provisions common to all misdemeanors. Final provision..-...-------------------125 127 130 130 APPEDIX. Headquarters Division of Cuba: Order No. 67, June 1, 1899.............. 112, July 20, 1899 ......-........ IIs, July 24, 1899 ---.. ......125, July 31, 1899 --------------230, December 4, 1899 ........... 26, January 18,1900---------116,-March 17,1900...-......... 150, April 10, 1900............. 165, April 19, 1900.......... . 217, Ia 28, 1900 -....... ....... 239, June 12,1900.......... . Headquarters Department of Porto Rico: General Order No. 109, July 31, 1899 -.----128, August 24, 1899 139, August 24, 1899..... 151, September 27, 189 . 152. September 29, 1899'. 54, March 12, 1900 .... 87, A pril 25, 1900 ..... Penalties -.--..----------------135 135 136 137 137 138 138 139 139 140 142 .143 .144 -145 -146 .147 -. 148 148 .150

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ROYAL DECREE. Upon the recommendation of the Colonial Secretary, with the advice and consent of the Council of Secretaries, and 1 v virtue of the authority rested in my Government by article SO of the Constitution of the Ionarch y, I hereby decree the followig: ART. 1. The amended Penal Code of June 17. 1.,711, shall be pulished and go into effect from the date of its publication in the territory within the jurisdiction of the islands of Cuba and Porto Rico, with the amendments recommended by the commission which has had charge of this work. ART. 2. In the same manner there shall 1e published and ohserved in the islands referred to in the foregoing article the provisional law of criminal procedure for the application of said Code, with the changes recommended bv the said commission. ART. 3. The Government shall inform the Cortes of this decree and of the modified laws which are applied thereby to the colonial provinces. Given at the palace on May 23, 1S79. ALFONSO. SALVADOR DE ALBACETE, Colonial vecrtotry. 7

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I 0

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PENAL CODE. BOOK I. GENERAL PROVISIONS REGARDING CRIMES AND MISDEMEANORS, THE PERSONS LIABLE, AND THE PENALTIES. TITLE 1. CRIMES AND MISDEMEANORS, AND CIRCUMSTANCES WHICH EXEMPT FROM, EXTENUATE, OR AGGRAVATE CRIMINAL LIABILITY. CHAPTER 1. CRIMES AND MISDEMEANORS. ART. 1. Crimes or misdemeanors are voluntary acts and omissions punished by law. Acts and omissions punished by law are always presumed to be voluntary unless the contrary shall appear. Any person voluntarily committing a crime or misdemeanor shall incur criminal liability, even though the wrongful act committed be different from that which he had intended to commit. ART. 2. In case a court should have knowledge of any act which it considers proper to repress and which is not punished by law, it shall abstain from any proceedings in the matter, and shall state to the Government the reasons which induce it to believe that the act should be the object of penal legislation. The court shall apply to the Government in the same manner, stating what may be proper, without prejudice to immediately imposing sentence, when a strict application of the provisions of the code would result in an excessive penalty, takino into consideration the degree of malice and the injury caused by the crime. ART. 3. Not only is a consummated crime punishable, but also a frustrated crime and an attempt. A crime is frustrated when the guilty person performs all of the acts of execution which should produce the crime as their consequence, but nevertheless do not constitute it by reason of causes independent of the will of the perpetrator. 9

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10 There is an attempt when the iuilty person makes a beginning in the connission of a crime directly by overt acts, and does not perform all of the acts of execution which should produce the crime hy reason of some cause or accident other than his own voluntary desistance. ART. 4. A conspiracy amd proposition to commit a crime are punishable onlyin the cases in which the law specially penalizes thel. There is a conspiracy when two or more persons act together for the connission of a crime and decide to comnit it. There is a proposition when the person who has decided to conmit a crime proposes its execution to one or more persons. ART. J. Uisdemeatnors are punishable only' when they have been consunmnated. Exception is made of frustrated misdemeanors against persons or property. Ajrr. (;. Crimw., are considered "grave" NNhich the law punishes by degrees are corporal P nalties which in any of their ('rimes are considered "less grave" which the law represses by penalties which in their maxinulln degree are correctional. Misdemeanors are infractions for which the law estatlishes light penalties. ART. i. Crimes which are punished by special laws are not subject to the provisions of this code. CHAPTER IL CIRCUI-IsTANCES WIuCH EXEMPT FROM CRIMINAL LIABILITY. ART. '. The following are not delinquent and are therefore exempt from criminal liability L An imbecile or lunatic, except when the latter has acted during a lucid interval. When the imbecile or lunatic nay have committed an act which the law defines as a "grave crime" the court shall order his confinement in one of the asvlunms established for persons thus afflicted, which he shall not be permitted to leave without the previous authorization of the same court. If the act committed by the imbecile or lunatic is defined by the law as a ''less grave crime" the court, accordimtig to the attendant circumstances, shall proceed in accordance with the provisions contained in the foregtoing paragraph or turn over the imbecile or lunatic to hlis family, if the latter give sufficient security for his custody. 2. A person under 9 vears of ag;e. 3. A person over 9 years of age and under 1o, unless he has acted with the exercise of judgment.

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II The court shall make an express declaration with regard to this point in imposing a penalty or in decharing said person irresponsilde. When the minor is declared irresponsihle, in accordance with the provisions of this and of the preceding inher, he shall be delivered to his family with a charge to gnard and educate him. In the absence of a person to guard and educate him he shall be taken to a charitale institution for the education of orphans and foundlings, and he shall not leave said institution except at the time and under the conditions prescribed for its iimates. 4. Ile who acts in defense of his person or rights, provided there are the following attendant circumnstances: (1) Illegal aggressi.on. (2) Reasonable necessity of the means employed to prevent or repel it. (3) Lack of sufficient provocation on the part of the person defend ing himself. 5. He who acts in defense of the person or rights of his spouse, ascendants. descendants, or legitimate, natural, or adopted brothers or sisters, or of his relatives by aflinity in the same degrees. and those by consangtinity within the fourth civil degree, provided the first and second circumstances mentioned in the foregoing nmber are attendant, and provided that in case the party attacked first gave provocation, the defender took no part therein. b. A slave acting in defense of his master, and a gratuitously emancipated freedman in that of his patron, and either when acting in defense of the spouses. ascendants, descendants, or brothers or sisters of the said master or patron, provided that in any of these cases the first and second circumstances mentioned in No. 4 of this article are attendant, and that in case there was provocation on the part of the party attacked the defender took no part therein. 7. He who acts in defense of the person or rights of a stranger, provided the first and second circumstances mentioned in No. 4 are attendant, and that the defender is not actuated by revenge, resent ment, or other illegal motive. S. He who in order to avoid an injury performs an act that causes damage to another's property, provided the following circumstances are attendant: (1) Should the injury sought to be avoided really exist. (2) Should it be greater than that caused to avoid it. (3) Should there be no other practicable and less injurious means to prevent it. 9. He who while performing a legal act with due care causes some injury by mere accident without liability or intention of causing it. 10. He who acts by compulsion of an irresistible force.

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12 11. He who acts under the impulse of an uncontrollable fear of an equal or greater injury. 12. He who acts in the fulfillment of a duty or in the legitimate exercise of a right, trade, or otice. 13. He who acts by virtue of obedience due another. 14. He who is guilty of an act of omission, being prevented by legitimate or insuperable causes. CHAPTER III. CIRCUMsTANCES wHICH EXTENUATE CRIMINAL LIABILITY. ART. 9. The following are extenuating circumstances: 1. Those mentioned in the preceding chapter, when all the requisites necessary to exempt from criminal liability in the respective cases are Dot attendant. 2. When the culprit is under 18 years of age. :3. When the delinquent had no intention of committing so grave an injury as that which he inflicted. 4. When sufficient provocation or threat on the part of the injured party immediately preceded the act. 5. When the act was committed in the immediate vindication of a grave offense committed against the author of the crime, his spouse, ascendants., descendants, his legitimate, natural, or adopted brothers or sisters, or relatives by affinity in the same degrees. 6. When the act was committed in a state of intoxication, if the latter were not habitual or subsequent to the plan to commit the crime. The courts shall decide in view of the circumstances of the persons and of the acts when intoxication is to be considered habitual. 7. When the person has acted under such powerful excitement as would naturally produce entire loss of reason and self-control. e. And. inally, any other circumstance of a similar nature and analogous to the foregoing ones. CHAPTER IV. CIRCUMSTANCES wHICH AGGRAVATE CRIMINAL LIABILITY. ART. 10. The following are aggravating circumstances: 1. When the injured person is the spouse or ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by aflinity in the samte degrees of the offender. 2. When the injured person is the master or patron of the offender, or the spouse, ascendant, descendant, or legitimate brother or sister of the same. W. hen the act is committed with treachery.

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13 There is treachery when the culprit commits any crime against persons employing means, methods, or forms in the execution thereof which tend to directly and specially insure it without risk to the person of the criminal arising from the defense the injured party might make. 4. When the crime is committed in consideration of a price, reward, or promise. 5. When it is committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage, deraihent of a locomotive, or by the use of any other artifice involvino' great destruction. 6. When the crime is conmitted by means of printing, lithography, photography, or other similar means facilitating publicity. Courts shall take this circumstance into consideration, qualifying it as aggravating or extenuating, according to the nature and effects of the crime. 7. When the evil accomplished by the crime is deliberately imcreised by causing other evils unnecessary for its execution. s. When the act is committed with evident premeditation. U. When craft, fraud, or disguise is employed. 10. When advantage is taken of superior strength or means are employed to weaken the defense. 11. When the act is committed with abuse of confidence. 13. When advantage is taken by the culprit of his public position. 13. When means are employed or circumstances brought about which add ignominy to the natural effects of the act. 14. When the crime is committed on the occasion of a fire, shipwreck, or other calamity or misfortune. 15. When the crime is committed with the assistance of armed persons, or of persons who assure or provide immunity. 16. When it is committed at night, or in am uninhabited place or by a gang. The court shall take this circumstance into consideration according to the nature and characteristics of the crime. 17. When the crime is committed in contempt of or with insult to the public authority. 1S. When the culprit has been previously punished for a crime for which the law fixes an equal or greater penalty, or for two or more crimes for which it fixes a lighter penalty. This circumstance shall he taken into consideration by the courts according to the circumstances of the delinquent and the nature and effects of the crime. 1t. When he is a recidivist. A recidivist is the culprit who being found guilty of one crime should have been sentenced for another crime included in the same title of the code.

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14 2ii. When the crime is committed in a sacred place, in the palace of the Governor-General, or in the presence of the latter, or where public authorities are engaged in.the discharge of their duties. 21. When the act is coumitted with insult or in disregard for the respect which may le due the aggrieved party on account of his rank, age, or sex, or when it is committed in his dwelling if he has not given provocation. 22. When the act is committed against a white person by one who is not white. This circunmstance shall be taken into consideration by courts accordino to the nature and characteristics of the crime. 2:. When the act is committed by wrongful entry. Wrongful entry is such as is effected through any wag not intended for the purpose. 24. When it is committed Ixy breaking through a wall, roof, or floor, or I forcing doors or windows. 25. When the culprit is a vagrant. By a vagrant is understood a person who possesses no property or income, does not habitually exercise any profession, art, or trade, and has no emplovimnt, ofice, industry. lawful occupation. or any other legitimate or known means of earningi a livelihood, even thoug-h lie may be married and have a fixed domicile. 20. When the act is coniuitted by the use of arms prohibited by the regulations. TITLE II. PERSONS LIABLE FOR CRIMES AND MISDEMEANORS. CHAPTER 1. PERSONS CRIMINALLY LIABLE FOR CRIMES AND MISDEMEANORS. Ain. 11. The following are criminally liable for crimes: 1. Principals. 2. Accomplices. 3. Accessories. The followin" are criminally liable for misdemeanors: 1. Principals. 2. Accomplices. ART. 12.1 The following are considered principals: 1. 'Those who take a direct part iti the execution of the act. 2. Those who directly force or induce others to execute it. 2. Those who cooperate in the execution of the act by another act without which it could not havbeen accomplished. 'See Order No. 67, Headquarters Dilisio of Ciiu, June 1. 1399. page 135.

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15 ART. 13. Accomplices are those persons who, not being included in the preceding article, cooperate ili the execution of the act by other previous or simultaneous acts. ART. 14. Accessories are those who, having knowledge of the commission of the crine, and without having participated therein either as principal or accomplices, subsequently take part in its execution in any of the followint manners: making protit or by assisting the delinquents to 1. By themselves profit b the effects of the crime. 2 BY concealing or rendering useless the body, effects. or instruments of the crime in order to prevent its discovery. 3. By harboring, concealing or assisting in the escape of the culprit, provided any of the followino cireiimstances are attendant: (1) Whi the accessory takes advantage of any public office he mar he holding. (2) When the delinquent is guilty of treason, regicide. parricide, assassination, attempt against the life of the Governor-General, or known to be an habitual criminal in any other crime. Ar. 15. Those who are accessories of their spouses, aseendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity in the same degrees, are exempt from the penalties imposed upon accessories; also slaves and freedmen with regard to their itasters and patrons or the spouses or other relatives of the latter in the degrees mentioned, with the only exception of such accessories as may lie included in No. 1 of the preceding article. CHAPTER 11. PERsONs CIVILLY LIABLE FOR CRIMES AND MISDEMEANORS. ART. 1i. Exverv person criminally liable for a crime or misdemeanor is also civilly liable. ART. 17. The exemption from criminal liability declared in No,. 1, 3, 3, 8, and 11 of article S does not include exemption from civil liability. which shall be euforced subject to the following rules: (1) In cases 1. 2. and 3, the persons who are civilly liable for acts comiitted by a lunatic or imbecile, or a person under ) rears of age, or over this age and under 15, who has not acted with the exercise of judgment, are those who have them under their authority, legal guiardianship, or power, unless they prove that there was no blame or negliience on their part. Should there be no person having them under his authority, legal guardianiship, or power, or if such person be insolvent. the said lumatics. imlcciles, or minors shall answer with their own property, excepting that part which is exempted for their support ili accordance with the civil law.

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1(3 (2) In the case of No. 7, those persons are civilly liable from whom the injury was warded off in proportion to the benefit they may have derived. The court shall fix, according to its judgment, the proportional amount for which each interested party shall be liable. When the respective amounts can not be equitalv apportioned, even approximately, or when the liabilityv extends to the State or the greater part of a town, and in any case, if the damage were caused with the assent of the authorities or their agents, indemnity shall be made in the manner prescribed by special laws and regulations. (3) In the case of No. 11, those who caused the fear shall be principallv liable, and subsidiarily, in the absence of the former, those who committed the act, reserving with regyard to the latter the benefit of competency. ART. 1. Innkeepers. tavern keepers, and any other persons or literl Vs shall he civilly liable, in the absence of persons criminally so, for crimes coinmitted within their establishments, whenever any infraction of general or special police regulations by them or their employees may have occurred. Innkeepers are furthermore subsidiarily liable for the restitution of effects robbed or stolen within their houses from persons who are stopping therein, or for the indemnification of said goods, provided the persons have notified in advance either the innkeeper himself, or the person representing him, of the deposit of said effects in the inn; and provided furthermore, that they have heeded the warnings that said innkeepers or their substitutes may have given them with regard to the care and vigilance of their effects. There shall be no liability in case of rolbbery by violence or intimidation of persons, except it be conunitted by the employees of the inn. ART. 19. The subsidiary liability established in the preceding article shall also apply to masters. teachers, persons, and enterprises engaged in any kind of industry, for crimes and misdemeanors committed by their slaves, pupils, officers, apprentices, or employees in the discharge of their obliations or service. TITLE Ill. PENALTIES. CHAPTER I. PENALTIEs IN ;ENERAL. ART. 20. No crime or misdenmeanor shall he punished by a penalty which was not estaldished by law prior to its commuission. ART. 21. Penal laws shall have a retroantive effect in so far as they favor the person gmuilty of a crime or misdemeanor, even though at

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17 the titme of the publication of said laws a final sentence should lthave been pronounced and the convicted person is serving his sentence. Air. 22. The pardon of the offended part v does not extinguishi a penal action. This is not understood with reglard to crimes wihi can not be prosecuted without the previous denunci'tion or consent of the injured party. Civil liability with regard to the interests of the party condoning an offense is ettiguished by his express renunciation. AlR. 23. The following shall not be considered as penalties: 1. Detention tid temporary continement of the accused persons. 2. Suspension from public emploVmenit or office ordered during proceedings, or in order to institute them. 3. Fines and other corrections which, in the use of their adtinistrative or disciplinary powers, superiors myav impose upon their subordinates or upon those tutder their direction. 4. Deprivation of rights aud reparations, which the civil laws mtay establish ili peual form. CttAPTER 11. CLASSIFICATION OF PiENALTIEs. Ain'. 24.1 The penalties which may he imposed accordingl to this code, and their different classes, are those iicluded in the following general scale: ( 'oiid'e pw/i ties.--Death; ciwi wei t pchw; )pe l srint pyito; taiiinL'o;i pijeiptii; perpetual expulsion; 'et/ nt ,K1'i]potrl; rctrltutin, tem ,uvl; trir yKCirin t,,m ww/; temporaryex pulsion ; p ri /( nityor'; ji//s;n ittyo'; eir oi nAitn,; perpetual absolute disiuitt itiion; temporary absolute disqualitiation; perpetual special disiait iictiou from public otice, the right of sutlrag'e, active and pa-is , l from the exercise of a profession or trade; temporary special disqualitication frot a public ofeice, the right of suitrage, both active and passive, and from the exercise of a profession or trade. aIti'oitttit;onl pinicesure istisiiiti 'it pri tifhisiti i cnitl; banishmnent; public censure; suspension from public oflicc, active and passive right of suttiage, and from the ixercise of a profession or tratde; i/rs/ti iy/r. liyhitl renaltir'e.1/'rc(~t ni, 7n/; private censuirc. ' i'/tJsi oi n t. I/ ' .ine; caution. _LI't"1.V ry ),, ,/t;,..Degradation: civil interdiction; subjection to the surveillance of the authorities; forfeiture or contiscation of the instrument, and proceeds of the crime; paymtent of costs. Alfr. 25. tuine, when imposed as the principal peialty, shall he considered as it corporal penalty if it exceeds 6,250 pesetas; as correc'See O'ti' u. 26, I noi:ilurweii' titvi in ('nlo Januar IS, IJt, feage 3s. 1571 2

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1s tional if it does not excei G.'25I and is not less than 325 pesetas, and lig'ht if it doues not :amount to :;. pwsetas. ARr. 26. The penalties of disqualification and suspension from publie otlice and the right of siffraoe are accessory in those oases when, not eirin speciallv imposed ly Law, it declares that other penalties shall include them. Costs of proceedin(s are understood to he imposed by law upon those criminally lialle for any crimle or misdemeanor. CHAPTER 111. DURATION AND EFFECT OF PENALTIES. SECTION I. -----ibkd 0n oft>elt/l'. ArT. 27. Persons condemned to cidw 0n i, of ,;, .and %'ri, h i/ P v), /l', or to perpetual expulsion, shall e pardoned after having served thirty years of their sentence, unless 0n account of their condii oir for other serious reuiois they shall not he worthy of pardon ili 11opinion of the Government. The penalties of ae/nreu/ n uid r irae/o ftnporales, and temporary expulsion, shall last for ti elve years and one day to twenty years. Those of Jres/rll and pr io/d nwyorex and it/IWI, nt shall last from six years and one day to twelve rears. Those of temporary albsolute and teiiporaiv special disqualification shall last from six years and one day to twelve years. Tlise of 1,r' .s I/I/ 11T1//rlonw/ and pr'slal I r l/'l shall last from six months and cne day to six years. That iif suspesiln shall last fron 1ne month and one day to six years. That of warr -st s 1wr shall last frot one month and one day to six months. That of ,riro stn nn ~r shall last froni one to thirty days. That of caution shall last for the time the court iiaV determine. Airr. 2 The lprivisions of the preceding article shall not apply to peialties imposed as iecessory to others, in which case the acessory penalties shall have the duration respectively fixed liy law. A rr. 29. When the g-uilty person is iiprisoned, the duration of the temporar y pealties shall connn0nce from the day on which the condenuatolv sentence was made final. When the ,guilty person may not he imprisoned, the duration of penalties consisting in deprivation of lihertyv .hall counence as '001 as said person is at the disposal of the judicial authorities, in order to selVe his sentence. The duration of the penalties of expulsion, ,onfi/o, and hanishment shall conunce only fron the day on which the guilty person cuionnced to serve his sentence.

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19 If the ,milty person should enter an appeal and it is refused, he slhall not he allowed the time that has elapsed between the sentence appealed from and the one rejecting the appeal. e,0TION I.--AItAc/s of ]hvweti 'PII fl ur. A ur. 30. The penalty of p rpetual albsolute disqualiti ctioi shall produce the following effects: 1. The deprivation of the person punished of all honors which he may he eijoyin", and of all public employmients and' olices which lie mar be holding, even though the latter come from popular election. 2. The deprivation of the rights to vote and to be elected to public offices of popular election. 3. The disqualitieation to acquire the honors, offices, elploymints and rights mentioned. 4. The loss of all right to retirement with par, suspension with part pay, or :ny other pension for otlices he Ilma have preViously tilled, without prejudice to the pension for support the Government may grant hinm as a reward for distingnuished services. Under this provision are not included rights alidy acquired at the time of the condemnation by the widow or children of the person punished. AMr. 31. The penalty of temporary absolute disqdualiticatio shall produce the following flects: 1. The deprivation of the person sentenced of all honors he gmay be enjoying., and of all public employment and ollic(, which he iuay be holding, although the latter he tilled by popular election. 2. The deprivation of the right of voting and being elected to publi oflice by popular election durillg the term of the sentence. 3. The disqualification of acquiring the honors, (lyiiI ments, offices, and rights mentioned ili No. 1, likewise durin,the term of the sentence. Aw. 32. Perpetual special disqualfitiaton front public office shall produce the following effects: 1. Tbw loss of the ofice or employmnt which it affects, ail( of the honor's attached thereto. _'. D~isqualification to acquire other similar ones. A lr. .::. Perpetual special disqualitication from the riglt of suffrage shall perpetually deprive the person punished of the riight to rote and being elected to the elective public office in question. Ai. .4. Temporary special disqualitication for a public office shall produce the following effects: 1. Loss of the office or employment which it affects. as well as the honors attached thereto. 2. l)isqualitication to acquire other similar offices or employments during the termt Of the sentence.

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20 ART. 35. Temiporary special disqualitication from the right of suffrage shall d pr1ye the pet:on punished of th right of voting and being elected during the term of sentence for the popular elective office affected lv the sentence. ART. a0. Suspension froi a public offce shall disqualify the person puniied from cxercising the sune, and from ohtainig other similar ofli during the term of the sentence. Air. 37. Suspension from the right of suffrage shall likewise disqualify the person for the exercise thereof during the term of the sentente. AnT. 3S. When an eclesiastical p~ersonl is sentenced to tihe penalty of disqualiication in any of its classes, or to that of suspension, the effects thereof shall he limited respectively to the offices, rights, or honor., which he does not derive from the church, and to the salary to which he is entitled b y reasot of his ecclesiastical office. A Rr. 39. Perpetual special disqialification for a profession or trade shall perpetuallly deprive the person punished of the privilege to exercise the same. Temporar v dispualification therefor shall deprive him ilt the same nnier during tite term of the sentence. Ar. 40. Suispcnsion from tlte exercise of a profession or trade shall produce the sate effect as temiporary disqualification during the term of the sentence. AiT. 41. Civil interdiction shall deprive the person punished as long as he suffers it, of the rights of paternal authority, guardiaislhip of person or property. participation in the faiily council, marital authority, the administration of property. and the right to dispose of his own property ly acts inb r,'ir. Those cases are excepted in which the law explicitly limits its effects. Ar. 42. Subjection to the surveillance of the authorities imposes the following obligations on the persons punished: 1. That of tixing his domicile and g-ivitm notice thereof to the authority iiutediately in chare of his surveillance, not being allowed to change it without tilt knowledge and permission of said authority in writitg. 2. To ohservie the rules of inspection prescribed. 3.To adopt som11e trade, art, indnstry, or profession, should he not have known means of subsistence of his ow% it. Whenever a person punisled is placet ender the surveillance of the authorities notice thereof shall be g.iven to the GTovernment ;and to the Governor-General. ART. 43. The peualty of caution shal oblige the person punished to secure a suffioient bondsman, wI shall gliaila'tie that said person will not contuit the injury which it is endeavored to prevent, otherwise iding himself to pay the sumi which the court may have fixed iln the sentence.

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11 21 The court shall fix the term of the hond in its discretion. If the person punished should not furnish bond, he shall incur the penalty of banishment. ART. 44. Persons sentenced to the penalties of disqualification for public offices, for the right of sulfrage, or for a profession or trade, perpetually or temporarily, may be rehabilitated in the form prescribed by law. ART. 45. -A pardon shall not produce rehabilitation for the discharge of public office and for the exercise of the right of suffrage, unless said rehabilitation he specially granted in the pardon. ART. 4G. Costs shall include fees and indemnifications incurred in judicial proceedings. whether consisting of fixed or unalterable auouits, by reason of being previously fixed by laws, regulations, or royal orders, or not fixed by any schedule. ART. 47. The amount of fees and indemnifications not previously fixed in the terms prescribed in the preceding article shall he fixed by the court in the manner established 1)y the law of criminal procedure. ARr. 4. In case the property of the person punished should not he suflicient to cover all the pecuniary liabilities, they shall he satisfied in the following order: 1. Reparation of the injury caused and indemnification of damages. 2. Indemnification to the State for the amount of stamped paper antd other expenses which may have been incurred on his account in the cattse. 3. The costs of the private accuser. 4. Other costs of procedure, including those of the defense of the person prosecuted, without preference among the persons interested. 5. The fine. Should the crime have been of those which can be prosecuted only at the instance of a party, the costs of the private accuser shall be satisfied in preference to the indemnification to the State. ART. 41. If the person sentenced should not have property to satisfy the pecuniary liabilities included in Nos. 1, 3, and 5 of the preceling article, he shall be subject to a subsidiary personal liability at the rate of one day for every 12' pesetas, according to the followin'r rules: 1. If the principal penalty imposed is to le undergone by the criminal confined in a penal institution, he shall continue therein, although said detention can not exceed one-third of the terti of the sentence, and in no case caut it exceed one Year. 2. If the principal penalty imposed is not to he undergone by the critinal in a penal institution and its duration is fixed, he shall continue subject, for the time mentioned in the preceding article, to the same deprivation, of which said penalty must consist. 3. If the principal penalt y imposed should e a censure, fine, or caution, the insolvent guilty person shall le confined in the district jail

PAGE 24

22 for a term which can not exceed six months in any case, should he have been prosecuted for a crime, or fifteen days should he have been prosecuted for a misdemeanor. ART. 50. The subsidiary personal liability on account of insolvency shall not be imposed upon the person condemned to a penalty higher in the ieneral scale than that of presidio covreccional. Aar. 51. The personal liability which the criminal maY have incurred ltv reason of insolvency shall not exempt him from the reparation of the injury caused and indemnification of damages if his pecuniar circumstances should improve, but it shall exempt him from the other pecuniary liabilities included in numbers 3 and 5 of article 4S. SEcTION II.-Puni.IhMents wrhicz includ" other accessory pn alties. ARr. 52. The death penalty. when it is not carried out because the criminal has been pardoned, shall include perpetual absolute disqualifi(ation and subjection of the criminal to the surveillance of the authorities for the term of his life, unless said accessory penalty has been specially remitted in the pardon. AwRr. 3. The penalty of t Jttu0, r' '7 yft 0/0n 1J tgct, and perpetual expulsion shall include that of perpetual absolute disqualitication and subjection to the surveillance of the authorities during the life of the person punished, said accessory penalties being suffered by the hatter even though he iiay have been pardoned as to the principal one, if they have not been remitted in the pardon. ART. 55. The penalty of cadi toa temporal shall include the following accessory penalties: 1. Civil interdiction of the person punished during the term of the sentence. 2. Perpetual absolute disqualification.

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23 >. Subjection to the surveillance of the authorities luring the life of the person punished. ART. 50. The penalty of j rs/(io iayor shall include those of absolute temporarv disqualification and subjection to the surveillance of the authorities for a termi equal to that of the principal punishment, which shall begin to be counted from the date of the fultillment of the same. ART. 57. The penalty of jr Niho co
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24 Atr. r In cases in which the crime committed is different from that which the culprit had intended to commit the following rules shall be observed: 1. If the penalty prescribed for the accomplished crime should be higher than that corresponding to the crime which the culprit had intended to commit, the penalty corresponding to the second shall be imposed on the culprit in its maximum degree. i I' the penalty prescribed for the accomplished crime should be lower than that prescribed for the one which the culprit had intended to coiiiit, the penalty corresponding to the former shall be imposed on him, also is its maximum degree. 3. The provisions of the preceding rule shall not be applicable if the acts connitted by" the culprit should constitute, besides, an attempt to commit another crime or another frustrated crime, if the law should punish these acts with a higher penalty, in which case that corresponding to the attempt or frustrated crime shall be imposed in its maxinum de(ree. ART. 64. Ipon the principals in a frustrated crime shall be imposed the penalty next lower in degree than that prescribed by the law for the consunmmnated crime. The same rule shall be observed regarding the principals in frustrated misdemeanors. AnT. 65. Upon the principals in aii attempt to counit a crime shall he inposed a penalty lower liy two degrees than that prescribed by law for the consuinnated crime. ART. 6i;. Upon the accomplices in a consuinuated crime shall be imposed the penalty next lower in degoree than that prescribed by law for the consummated crime. ART. 67. Upon the icessories in a consunmnated crime shall be imposed the penalty lower by two degrees than that prescribed by law for the con sunuiated crime. ART. ,S. Lipoi the accomplices in a frustrated crime shall le imposed the penalty next lower in degree than that prescribed by law for the frustrated crime. ART. i. Upon the accessories in a frustrated crime shall le imposed the penalty lower by two degrees than that prescribed by law for the frustrated crime. Air. Ti. Ipon the accomplices in an attempt to commit a crime shall be imposed the penaltynext lower in degree than that prescribed liy law for the attempt to conniit the crime. ART. 71. Upon the accessories ili all attempt to commit a crime shall be imposed the penalty lower by two degrees than that prescribed 1by law for the attempt to commit the crime. Aur. T There are excepted from the provisions of articles 67, 69, and 71 the accomplices mentioned in No. 3 of article 14, in whose

PAGE 27

25 cases the first circumstance mentioned in said number is attendant, upon whom the penalty of perpetual special disqualification shall he imposed if the delinquent harbored should have been guilty of a grave crime, and that of temporary special disqualification if he should have been guilty of a less grave crime. AlT. 72. The gcneral provisions contained in articles a4 to 71, inclusive, shall not he applicable to cases in which the frustrated crime, the attempt, the complicity, or the participation after the fact (u/ci/tr// ,~) are specially penalized by law. ART. 74. In order to graduate the penalties which, in accordance with the provisions of articles R4 to 72, inclusive, should be imposed on the principals in a frustrated crime and in an attempt to commit crime, and upon the accomplices and accessories, the following rules shall be observed: 1. When the penalty prescribed for the crime is a single and indivisible one, the penalty next lower shall le that following in number the indivisible penalty in the respective graduated scale. 2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties imposed to their full limit, the penalty next lower shall le that which follows in number the lesser of the penalties imposed in the respective graduated scale. 3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum degree of another divisible penalty, the penalty next lower shall consist of the medium and minimum degrees of the said divisible penalty and the maxinum degrce of that folloving in number in the respective graduated scale. 4. When the penalty prescribed for the crime is composed of various degrees. corresponding to several divisible penalties, that next lower shall consist of the degree that follows the minimum of those constituting the penalty imposed, and of the two others next inmiediate, which will be taken from the penalty imposed, if it should have any, and otherwise from the penalty followiig in number in the respective graduated scale. 5. When the law prescribes the penalty for the crime in a form not specially mentioned in the four preceding tals, the courts, proceding by analogy, shall impose the penalties corrIponding to principals, accomplices, and accessories in a frustrated crime and in an attempt to commit a crime. ART. 75. When the penalty prescribed 1)v law for a crime should have been included in two scales, the graduation prescribed in the preceding article shall le made according to the scale which includes the penalties by which are punished the greater part of the crimes referred to ili the section, chapter, or title in which the crime is contained.

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26 Demonstrative table of the provisions of this chapter. Penalty pertaining to the principal Penalty pertainin an attempt at ing to an a'eesPenalty pertaincons t m it atedU sory in it frusing to an accescrime, aecessory trated c ri m e sory in a attempt inthesam irime, and accom -to commit a and accomplices plices in atcrime. in a frustra t e d tempt. crime. Penalty pertaining to the pritcipal in a frusPenalty prescribed trated e r i m e and the aeconfor the crime. tlice in a cons im a t a d First ease, death ... t Cadtna perpetua Cadetta tC mpeta.. Presds iayr..Presidio correecioI ttt.al. Second case, cadeia Caena tetporal..1 Presidio iayar...... Presidio correcei,A cesto mayor. eqrp tua to death. nat. Third case, ,tlt "i Presidio mayor in Presiio conreccioArresto may r in Fine and arresfa in its its maximum .nal in its maxiits maximum imayor in its !rm pnrat degree to iaI mum degree to degree to preminimum and maximum degree to death. presidio mator in sit/io cre-cinmediumdegrees. dr aa tem orl in its medinm degree. its medium dei, in its medium degree. gree. Pra'idi correcArresto imyor in Fine and arresto Fine. eitnal in its its maximum dei iiui/ryr it its Fourth ease, prccidio may"r il its maximutm degree maxinmm degree to presidio minimum and to cadena teipogree to presi/in eeecciomm/l in its mtedium derl in its medium 'mt'rs in itsmemedium degree. grees. diium degree. degree. SECTIiN I.-Rtles for the applicatiOnl of penalties with r1ar1'd to riteiu ttipti q di a hgg't t'ti q citeietlmitun.c5. ART. 76. Extenating or aogravatingO circurmstances shall he taken into consideration in reduling or increasingthe penalty in the cases and in accordance with the rules prescribed in this section. ART. 77. Ae ravating ciretnstatees which in themselves constitute a crime specially i punished ' law, or which the law has mientioned in describing and penalizing it, shall not have the effect of increasing a penalty. tNor shall this effect be produced by aggravating circumstances that are inherent in such mnanner to the crinle that without the attendance thereof the crime could not be committed. ART. 78. The aggravating or extentlating circumstances that consist in the moral condition of the delinquent in his private relations with the injured party, or ilt aty other personal cause, shall serve to aggravate or diminish the liallility of only the principals, accomplices, or accessories who imay he affected thereby. The circumstances which consist in the material execution of the deed or in the mieans employed to accomplish it shall serve to aggravate or diminish the liability of those persons only who were acquainted with them at the itonent of the coninission of the crime or of their cooperation therein. ART. 79. In cases in which the law prescrihes only one indivisible penalty the courts shall apply it without consideration of the ao-ravating or extenuating circumstances attendin the deed. In cases in which the law prescribes a punishment composed of two indivisible penalties the followiii rules shall 1e otserved in the application thereof: 1. If au agg.i-ravatin cirtmlstance alone should have attended the deed, the higher penalty shall he applied.

PAGE 29

27 2. If neither extenuatim, nor agriavating circumstances should have attended the deed the lesser penalty shall be applied. 3. If an extenuating circumstance and no aggravating one should have attended the deed the lesser penalty shall he applied. 4. If both aggravating and extenuating, circumstances should have attended the deed the courts shall make reasonable allowance therefor, with regard to their number or importance, in applying the penalty in accordance with the foregoing rules, according to the result produced by such allowance. ART. 80. In cases in which the penalty prescribed by law contains three deg'rees, whether it be a singe divisible peiialty or composed of three difforent piinalties. each of which forms a degree, in acordance with the provisions of articles 9. and 9. the courts shall observe for the application of the penalty the following rule:, according as to whether there are or not extenuating or aggravating circumstances: 1. If neither agg(ravatig nor extenuating ciremnstances should have attended the deed they shall impose the penalty prescribed lby latw ili its medium (1e,1(1. 2. If onlly an extenuating circumstance should have attended the deed they shall impose the penalty in its minimmn degree. 3. If only an aggravatin. circumstance should ha ye attended the deed they shall impose the penalty in its maximum degree. 4. If both extenatin and a ggravating cirmunstances should have attended the deed they shall make a reasonable allowance in the designation of the penalty by counterbalancing the weiglit of the one and the other. 5. If two or more yery marked extenuating circumstances and no aLggravatincircumstance should have attended the act the court shall impose the penalty next lower to that prescribed liy the law. in the degree that it considers proper. according to the i' 11num1icr a id importance of such cirumistances. G. Whatever iiay le the number and importance of the aggrav ating circumstalles. the courts shall not impose a higher penalty than that prescribed bv law in its maximnm degree. 7. Within the limits of each do(,ree the courts shall determine the extent of the penalty .in view of the numlber and importance of the aggravatii and extenuating circumstances and the greater or lesser extent of the evil produced by the crime. ART. 81. Ili those cases in which the penalty prescribed liy law is not composed of three degrees the courts shall apply the rules contained in the foregoilg article. dividing into three iqual periods the term embraced in the penalty imposed, forming one degree of each of the three periods. ART. Si. In the application of fines the courts may go to the full limit within which the law permits their imposition, taking' into consideration, in order to determine their amount in each case, not only

PAGE 30

28 the aggravating and extenuating" circumstances of the act, but chiefly the wealth or means of the culprit. ARr. s3. If all the conditions necessary to exempt from liability in the case of No. 9 of article S should not be attendant, the provisions of article 59i shall be observed. ART. 84. Upon a person under 15 but over 9 years of ate, who is not exempt from liability by reason of the court having declared that he acted with the exercise of 1d 1ment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed. Upon a person over 15 and under 1S years of age the penalty shall always be imposed in the proper degree which is next lower than that prescribed by law. Aivr. S5. A penalty lower by one or two degrees than that prescribed bv law shall be imposed if the deed were not wholly excusable by reason of the lack of some of the conditions required to exempt from criminal liability in the respective cases mentioned in article 8, provided that the '('reater number thereof le attendant, the penalty being imposed in the degree the courts may consider proper, taking into consideration the number and importance of the requisites absent or present. This provision is understood without prejudice to that contained in article 83. SECTIoN III.--P],o|sioaRs comfion to the ft-av>1 JPcci'(41 sect ions. ART. S4. Upon a person guilty of two or more crimes or misdemeanors shall be imposed all the penalties correspond ing to the various violations of the law, to be siiultaneouslv served if possible, in view of the nature and eflects of such penalties. ART. Si. If all or any of the penalties correspondingi to the various violations of the law could not be simultaneously served by the person condenled, the folliwingrules shall 1e observed with regard thereto: 1. Ii the imposition of the penalties, the order of their respective severity shall be observed for their sncessive fultillment, so far as possible, b' the person condemned by reason of having obtained pardon for. or ierled out, those tirst imposed. hor the obercalce of the provisions of the preceding,, paragraph. the respecti\ e seerity of the penalties shall be determined in accord ance with the following sale: Ieath, i, w ), jh/7, i/u, (iOlin W f/ilpuO/i , /t io ii ('/f, c O/U /i, i;rtuse 0n fiw i 1 w , (?"/1/ /m iyoP, j/o /. 4/i T17i 0y1% j/Pr'sitliU C~/rrece.,al, 1UV.i i ,v/rreov on ,a t wao, St~ lm!0 e ~tgfci<;/ 1" 11, / tint, P, t0 /t a perpetual expulsion, temporary expulsion, coni/i'lmi u/, banishment. 2. Notwithstanding the provisions contained in the prcdn ue the maxiunn duration of the sentence of the culprit shall not exceed tlirie times the titlme \w-hich the iioit severe of the penalties that he

PAGE 31

29 may have incurred should have imposed on him; and there. shall not he imposed on him other proper penalties when those already imposed shall have covered the maximum of the aforementioned term. In no case shall such maximum term exceed forty years. For the application of the provisions of this rule, the duration of a perpetual penalty shall be reckoned at thirty years. ART. 88. The provisions of the foregoing article are not applicable to a case in which a single act should constitute two or more crimes, or if one of them should be a necessary means for committing the others. In such cases, only the penalty corresponding to the more serious crime shall le imposed in its maximum degree. ART. 89. Whenever the courts should impose a penalty that includes other punishments by provision of law, accordi g to the prescriptions of Section III of the preceding chapter, they shall also specifically sentence the culprit to the said penalties. ART. t0. In cases for which the law 1 premsriwe a penaIty lower or hiigher by one or two degrees than another given penalty, the rules prescribed in articles 74 and 75 shall he observed in graduatiing it. The lower or higher penalty shall be taken from the graduated scale in which the given penalty may be included. If a penalty higher than that of trrwlo mlwy/, is to be applied, it shall be taken fromh the scale including the penalties prescribed for the graver criimes of the same character as that punished with ro',s/o maoro,. The courts shall bear in miud. in making application of a lower or higher penalty ,the following "raduated scales: &ee/in _oi,. 1.-(I) Death, (2) oila p)w i tu. (:) eo naa tenp)oi/, ( N) p cd. .1tio u, ( 2) / -, /)1 'r. idlio c o s ,1 0( 1 () /i o. a/ .2-()Death, (2) .,r1N/uitiN 1 ,ri i/ Im, (:3) r' '[cision temipnl',l, / i i n ot , ()p ioncolwr cciowl/, (6) (arrcs1,,. 1 /"'1, _u. a. --(1) i/e in n p py a , (2) ,eflaenacion /, im , (3) o/ Jlomi[, ito, (4) banishment, (5) public censure, (6) caution. dV. 4. (1) Perpetual expulsion, (2) temporary expulsion, (3) cn',fnmien, to, (4) ianishment, (5) public censure, (i) caution. Sctlc A. ,. -(1) Perpetual absolute disqualitication. (2) temporary absolute disqualification (:) suspension from public ollice, right of suffrage, active and passive, profession or trade. &Sco A. 6. -(1) Perpetual special disqualitication, (2) temporary special disqualification, or (3) suspension fro public ofice, right of suffrage, active and passive, profession and trade. ART. 91. The titne shall be considered as the last penalty in every one of the preceding giaduatled siales. If it should le imposed in this character, the subsidiary liabilit corresponding thereto by reason of the insolvenc of the culprit, established in article 49, can not exceed the duration of the term pertaining to the penalty inuediatelv higher in the respective scale.

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30 ART. 92. In cases to which the law prescribes a penalty higher than another determined penalty, without specifically dcsigiatiug what it may be, if there should he no higher penalty in the respective scale, or if the former should be that of death, the following shall be considered as penalties immediately higher: 1. If the penalty determined were that of codn or rclusion j//rp tpa, or perpetual, absolute, or special disqualification, the same pelalties. with the proviso that the condemned person shall not enjoy the benefit established in article 27 of this code until the completion of forty years. 2. If it should be that of rni //l,/,i/,n prp, ta, the penalty of reclusii/8n , ,yhtoa. 3. If it should he that of perpetual expulsion, the next higher penalty shall le that of irelgryoioi jir /7/n. Awi. u:. Whenever it niay be Iccessary to increase or reduce the penalty of line liy one or Inore dlegrees, it shall he increased or reduced respctiely for each denree by the fourth part of the maximnn iuount prescribed bv law, and in order to redice it the reverse operation shall tale plae. The same rules shall be observed with regard to tines that do not consist of a fixed :lnount, but of a proportional anount. AiT. 94. When women shall commit crimes which this code punishes with the penalties of 1nnh/11 >/bi r or i el, 1/,n /1por, 01r with those of ari/i/o //~u1~/r or prna/d/i inrr c/n /, there shall be respectively imposed upon thein those of ri /is/,n p rp /n, i or nut.s/,nlI t, i//o il, /xn/in /w//"r or i//n/n/ *//pr-. nial dIisqualiliatio. i dnr to 2 iean. Pre xidm andp/rixion 1cnrrjigenill/ni ariindi ,,-hn .uud Wull idsuel. From months Frm i mnnth Frm years, 4 1 From -I yinrs, 2 and I d y to f nld i di in 2 dn i i months, and 1 ' nnnIiths, ud 1 V en/r a/nd I I day, la -i con/ir nin to 6 yars. ycn-irs. mannh,/ an il 2 I/otiIh Frain 1 month I Frnn mn th Frmini i2 irs and I Frnn i -/arand suspensin. nid 1 lay I, 6 a l 1 day to ai to I "art". I III,, to li VIirs. con rs. enia. From 1 int h I Fri/ 1 to _ Frum *imlii/ i i montIs Arreoni wayur . nid I day to 6 months. mouth.. 1 d l tmin th. nid 1 da y ti ii ~ uwnl h.. Frm 1 tI ii:a d ye. Frmn 1 to l1tl/tn Frm 11 0 Md/n.. Froml to alnts. irrni/nniir .

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31 ART. 96. In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a degree; the lightest of them the minimum, the next the medium, and the most severe the maxiumn degree. Whenever the penalty prescribed does not have one of the forms specially provided for in this book, the degrees shall be distributed by applying by analogy the rules tixed. CHAPTER V. EXECUTION OF PENALTIES AND THEIR FULFILLMENT. SECTION L.-G'I[C'i(11P t'N"Sii. Aicr. 97. No penalty shall be executed unless by virtue of final sentence. A or. 9S. Nor shall any penalty ])e executed in any other formo than that prescribed by law, or with ai y other circumstances or incidents than those mentioned in its text. liosides the provisions of the law, the prescriptions of the special regulations for the managemient of the institutions in which the penalties are to be undergone shall also be observed with regard to the character, time, and other circumstances of the labors. the relations of the convicts amiong themselves and with other persons, the relief they may receive, and their diet. The regrulations shall provide for the separation of the sexes in different institutions, or at least in different departments. ART. 99. If a deliluient should iei'iome jiuanie or an iniihecile after tilial sentence should have been pronounced upon him, the execution thereof shall be suspended 4)111y wvith regard to the personal penalty , the provisions of the second and third paragraphs of No. 1 of article 8 beiing observd in the respective cases. At any timie wihen the d'linquent shall recover his reason he shall complete his sentence. unless the penalty should have prescribed in accordance with the provisions of this code. The proper provisions of this section shall also be observed if the iisaiiity or imbe'ility should occur while the convict is undergoing his sentence. BECTION II.-I''INIj'! wi/loI. ART. liii. The peiialty' of death shall be executed by the garrote upon a scalfold. The execution shall take place txventy-four hours after the notitication of sentence, by day, in public, and in the place gieierally set aside for the purpose, or in the one the court iay1l determine, wh'u there are especial reasons therefor. This penalty Shall iiot be carried it upon religious or national holidays.

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32 ART. 101. Until there shall he a place provided in the jails for the public execution of the death penalty, the person sentenced thereto, who shall he dressed in a black cassock, shall be taken to the scaffold in the carriage provided for that purpose, or in a cart in the absence of the former. Awr. W2. The corpse of the person executed shall he exposed on the scaffold for four hours, after which it shall be buried; being delivered to his relatives or friends for this purpose if they should solicit it. The funeral must he held without display. ART. 1113. The penalty of death shall not be inflicted upon a woman whire she is pregnant; nor shall she be notified of the sentence that has been iimposed upon her until forty days after her delivery. APT. 104. The penalties of cad cwt 1,-p1afiat( aid ee niA tomurel shall be served in an}y of the places proVided for such purpose, to the exclusion of the iSlands of Cuba and Porto Rico. AwlT. 1 5. Those sentenced tood o/lt n ' r, / l or ~'11a 01w 'p/ m shall labor for the benelit of the State; they shall always carry a chain at the ankle, hanging froin the waist; they shall be eiployed in hard and painful lab or and shall receive no assistance whatsoever froint without the institutionS. Nevertheless, if the court, takin/ into consideration the age, health, condition, or :iy other personal circunistatice of the delinquent, should iclieve that he should undermo his penalty in labors within the institution, it shall so declare in the sentence. Aner. DW0. Those sentenced to ini/, fitnp r,/ or (owel,1w P, /y /ie can not be assigied to private works or to public works that are executed by business enterprise or by contracts with the lGovermnent. Ar. li7. A person condenined to O,1/ a, /, maol/ or lot jlc'Jh h't who should have attained til lage of ta years before the passing of .ententce, Shall Serve his sentence at i prison for servig tile penalty of p ,.'
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33 ART. 110. A person sentenced to expulsion shall he expelled from Spanish territory forever, if the sentence were perpetual, and for the term of the sentence if temporary. ART. 111. The penalties of presidio shall he served in the institutions provided therefor, which are situated, those for pw,. /l/o mayor within the islands of Cuba and Porto Rico and adjacent islands, and for pr',sidio cerccional within the islands of Cuba and Porto Rico respectively. Those sentenced to presidio shall he subject to forced labor within the institution in which they are serving their sentence. ART. 112. The product of the labor of those condemned to presidio shall be devoted: 1. To meet the civil liabilities of the prisoners arising from their crimes. 2. To indemnify the institution for the expenses they may occasion. 3. To provide them with some advantage or savings during their ditcntion, should they deserve it, and to create a reserve fund, to le delivered to them upon their discharge from the Ipresidio, or to their heirs should they die there. ART. 113.' The penalties of prisiun shall be served at the institutions provided for this purpose, which will be situated, those for pision maor.. within the islands of Cuba and Porto Rico an d adjacent islands, and those for prsh o eorriec'Corni within the territorial jurisdiction of the audiencia (court) which imposed the sentence. Those condemned to pwsid shall not go outside of the institution in which they are undergoing their punishment, during the term of their sentence, and shall engage, for their own benefit. in such works as they imay choose, provided they be compatible with the discipline established by the regulations. They shall he. nvertheless, subject to the labors of the institution until theV shall have met their liabilities mentioned in Nos. 1 and 2 of the preceding article. Those having1 no trade or known and honest means of livelihood shall be also subject thereto. ART. 114. Those sentenced to conlonanml n/o shall he taken to a town or district situated in the adjacent islands, where tl. -shall remain at complete liberty, under the surveillance of the authorities. The courts, in designating the place where this penalty is to be served, shall take into consideration the trade, profession, or means of livelihood of the condemned person, in order that he may earn his living. Those who, by reason of their age, health, and good conduct, should be fit for military service, may be, with their consent, assined thereto biy the Government.
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34 Those sentenced to banishment shall be precluded from entering the phuce or places designated in the sentence or within the radius therein designated, which shall include a distance of 25 kilometers at least and 250 kilometers at most from the place designated. AT. 115. The person sentenced to public censure shall receive it in person at a sitting of the court, with open doors. The person sentenced to private censure shall receive it in person at a sitting of the court and in the presence of the secretary, behind closed doors. ART. 116. _I)r(,b 'ayor shall be served in the public building provided for the purpose in the seats of judicial districts. The provisions contained in the second paragraph of article 113 are applicable in their respective cases to those condemned to this penalty. ART. 117. i,, srb ,nnr shall be served at the town halls or other public buildings, or in the house of the culprit himself, if the sentence shall so declare, without his being allowed to leave the same during the entire period of the sentence. Apprentices, serfs (colbno'), and slaves shall suffer the penalty at the house of their master, patron, or owner on the same terms as those expressed in the preceding paragraph. SECT10N I1I. --ic,-sory Jenalts. ART. 11R. A person sentenced to degradation shall, at a public sitting of the court, he stripped 1y a bailiff of his uniform, robes of oflice, insignia, and decorations. The stripping oil' shall be carried out at the command of the presiding judge, who shall order it, in the following' manner: "Strip (/we '011," 01 / , -1) /,~s~o ntol) of his insignia and decorations, to wear which the law declares him unworthy. The law degrades him because he has de radeld himself." TI'TLE IV. CIVIL LIABILITY. AnT. 10. The civil liability established in Chapt'r I1 Title IT. of this book includes: (1) Restitution, (2) reparation for the damage caused, (3) indenpitication for losses, (4) enforced manumission. Ant. 12u. The restitution of the thing itself mmust he made, if possible, with payment for deteriorations or diminutions of value, to be uppr'iis'd by the court. Restitution .'hall le made, even though the thing may be in the possession of a third plerson who had acqIuired it in a 1011 lgmanner, reserving, howcl-cr, his action against the proper person. Thii provision is not applicable to a case i which the third person ha: acquired the thing in the manner and Nwith the requisites establid I\ law to make it unrecovcrable.

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35 ART. 121. The reparation shall be made by the appraisal of the amount of damage by the court, taking into consideration the value of the thing whenever possible, and the value as a keepsake to the party aggrieved. ART. 122. Indemnification for losses shall include not only those which may have been caused the aggrieved party, but also those that may have been inflicted upon his family or upon a third person by reason of the crime. The courts shall regulate the amount of such indemnification upon the same terms as prescribed for the reparation of damage in the foregoing article. AlT. 123. The obligation to make restitution, to repair the damages or indemnify the losses, is transmitted to the heirs of the person liable. The action to demand restitution, reparation, or indemnitication is also transmitted to the heirs of the person injured. ART. 124. If there are two or more persons civilly liable for a crime or misdemeanor, the courts shall determine the share for which each shall be liable. ART. 125. Notwithstanding the provision contained in the preceding article, the principals, accomplices, and accessories, each within their respective class, shall 1e held jointly liable a1ong themselves for their shares, and subsidiarily for those of the other persons liable. The subsidiary liability shall be enforced, first against the property of the principals, next against that of the accomplices, and finally against that of the accessories. In cases in which the joint liability has been enforced as well as the subsidiary liability, the right of action is reserved by the person who has paid, against the others for the shares (ue fromi each. ART. 126. Whosoever may have gratuitouslv shared in the proceeds of at crime or Inisdlmeaor is obliged to make indemnitieation in so far as he may have participated therein. TITLE V. PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCE, AND BY THOSE WHO COMMIT A NEW CRIME WHILE SERVING SENTENCE. CHA1rEu 1. PENALTIEs INCURRED BY THOSE wN110 VIOLATE THEIR SENTENCE. ART. 1i. Persons serving a sentence who should violate it, shall suffer all augravation of their puiishuents.subject to the provisions of the following rul>: 1. Those seitenced to ctd1na or tt'sr, shall complete their respective terms, and he made to sutier, during a space of time not exceeding three vears, the greatest dtlriv'atiols aitiorized by the regulations, and shall be assigned to the l1ost painful tasks.

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.36 If the penalty should be perpetual, they shall not enjoy the benefit granted ly article 27 until after having served the aggravation of petaltyimposed upon them. If the penalty should be temporary and the aggravation of penalty could not he served within the term fixed in their original sentence, they shall continue subject thereto until the period of the aggravation has expired. 2. Those sentenced to i , /qoc'b/n or expulsion ,hall be condemned to pri'sioIn coriccontl for a period not to exceed three years, which must he served, in case of those sentenced to irs!/ yi idn, at the place of r,1yacion if possible, and, otherwise, at the nearest possible place thereto; and those sentenced to expulsion, at one of the penal institutionis of the Kinigdom. When these sentences haye lieen served, they shall scrve out their original sentences. t Those sentenced to pureSit)/o, jpris icn, or itrr', sto shall suffer an increase of the said penalties, not to exceed the one-sixth part of the tine still lacking for the completion of their original sentence. 4. Those sentenced to ron/ti m/t;' o shall be condem1ned to pr/:/o coric/contl not to exceed two years; and after this penalty is served, they shall serve out that of ,,i'nroi /ci/. 5. Persons banished shall be condemned to rsi, /o moa/ir, after servin, which they slhll serve out their term of banishient. 6. Those dislualitiet from otlicc, from the right of suffrage, profession, or trade, who shall obtain or exercise the same shall be condeimned to 0irrs/i io,//tr and a tine of from 250 to 2,500 pesetas, if their act should not constitute a special crime. i. Those suspended frot otlice, the right of suffrage, profession, or trade, who shall nevertheless practice it, shall suffer an increase for a period equal to that of the original sentence and a tine of from 150 to 1,Si ) pesetas. ti. Those placed under the surleillance of the authoritits who fail to observe the rules they ought to observe shall be condtiied to i/rir s/,o n//ri, havinig completed which term they shall continue subject to the surveillatee of the authorities until the expiration of such penalty. Altrn. 128. The aggravations prescribed in the preceding article with regard to those deprived of their liberty shall not ie applied to those who escape frot penal institutions or the stations thereof without violence, intimidation, or resistance, without breaking doors or Windows, walls, roofs, or floors, without the use of picklocks or false keys, without sialing walls, and without an understading with other convicts or attenldants of the institution. The violation of a sentence' without one or iore of these attendant circnltances shall he punished with one-fourth of the pe2a7ty respectively prescribed iu article 127. I

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37 CHAPTER II. PENALTIES INCULIRED BY THOSE WHO COMMIT ANOTHER OFFENSE AFTER BAVING BEEN CONDIEMNED BY FINAL SENTENCE, EITHER BEFOIE OR WHILE SERVING IT. ART. 123. Those who should commit any crime or misdemeanor after havin1g been condemned v byi final sentence before beinning to serve it, or during tho time of their punishment, shall be punished in accordance with the following rules: 1. The maximum degree of the penalty prescribed by law for the new rime or misdemeanor shall be imposed up 'n them. 2. The courts shall observe, in so far as applicable to this case, the provisions contained in article 8 and rule 1 of article S7 of this Code. 3. The prisoners mentioned in this article shall be pardoned at the age of iI) years if they should already have served out their original sentences, or when they shall have completed their terms after attaining said age, unless they should not he worthy of this act of grace, on account of their 1ad conduct or any other cirumstances. TITLE V1. EXTINCTION OF PENAL LIABILITY. Aur. 13,. Penal liability is extinguished 1. By the death of the culprit always, in so far as personal penalties are concerned; and with regard to pecuniary liabilities, only when no final sentence had been imposed at the time Of his death. 2. Tv the completion of his term. 3. By amnesty -which completely extinguishes the penalty and all its effects. 4. By pardon. A person freed by ia pardon can not reside in the place of residence of the oIlended party without his consent during the time that the sentence would have lasted had it not been for the pardon, said pardon granted bcing" otherwise void. 5. Dy condonation grunted by the offendkd party, should the penalty have been imposed for crimue, in which pubhlic pirosecution ran not he instituted. 6. BY prescription of the crime. 7. By prescription of the penalty. Air. 131. Crimes, prescribe twe nty ycars after their connllission. when the law sixes the penalty of death or of ,oWh ,,p1, !i for the crime. After fifteen years, when the penalty fixed is any other corporal penalty. After telt years, when the penalhies fixed atr correctional. L -

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38 The crimes of calumny and contumely are excepted, the first of which shall prescribe after one year and the second after six months. Misdemeanors prescribe two months after their commission. When the penalty prescribed is a compound penalty, the higher penalty shall be observed in the application of the rules contained in the first, second, and third paral-raphs of this article. The term of the prescription shall commenee to run from the day on which the crime was commlitted: and if not known at the time, from the day of its discovery and the beginning of the judicial proceedings for investigation and punishment. This prescription shall be interrupted from the commencement of the proceedi ngs against the culprit, and the term of prescription shall commnence to run again from the time when such proceedings terminate without the culprit being convicted or the proccedings have stopped, unless it he through the default of the culprit being tried. ART. 132. The pcnalties imposed by final sentence prescribe: 'Those of death and ren/, n,1 ,1j, tm after twenty years. The remaining corporal penalties after fifteen years. The correctional penalties after ten years. Light penalties after one year. The term of this prescription will begin, to run from the day on which the culprit was personallynotitied of the final sentence; or from the day of his breakiing the sentence, if lie had be cin to serve it. It shall 1e interrupted, the time which has elapsed remaining Nwithout effect, in case the culprit should present himself or le captured, if he should have gone to a foreignl country with wIich Spain may not have celehrated extradition treaties; or if, although.11 She should have them, his crime should not he included in their provisions; or if he Should connlit a uew crime before completing the term of the preScription -without prejudice, however, to the latter beginning to run an w'. _Arr. 133. Civil liability arIising out of crimes or misdemeanors shall be extinguished in the sam e manner as other obligations in accordance with the rules of civil law.

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BOOK II. CRIMES AND THEIR PENALTIES. TITLE I. CRIMES AGAINST THE EXTERNAL SECURITY OF THE STATE, CHAPTER 1. THE CRIME OF TREASON. ART. 134. A Spaniard who shall inlce a foreign power to declare war on Spain, or shall plot with it to the same end, shall he punished with the penalty of ((di t j,1y/no to death if war should actually be declared, and otherwise with the penalty of (odeno tcnporal in its medium degree to that of cud nt j), pctua. ART. 135. The following shall he punished with the penalty of cadena perpi to death: 1. A Spaniard who shall facilitate the enemy's entrance into the Kingdom. the capture of a fortified place, military post, national ves sdel, or stores of iuilitar' or food supplies. 2. A Spaniard who shall seduce Spanish troops or troops in the service of Spain to go over to the enemy's ranks or to desert their flag while in the field. 3. A Spaniard who shall reiruit people in Spain to make war upon the country under the flag of a hostile power. Frustrated crime, of the character specified in the preceding num hers shall le punished as thou h consummated, and the attempts shall be punished with the penalty next lower by one degree. ART. 1,36. The followin shall i. punished with the penalty of ci ilea temporal in its maximlui degree to death: 1. A Spaniard who shall take up arms against his country under hostile tag's. 2. A Spaniard who shall recruit people in Spain for the service of a hostile power in case such recruits were not to take a direct part in the war against Spain. 3. A Spaniard who shall furnish troops of a hostile power with monev, arms, transports, articles or munitions of war, food, or other means, direct and effectual, for carrying on hostilities against Spain, or who shall favor the progress of the hostile arms in a manner not specified in the preceding article. 39

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40 4. A San iaid who shall furnish the enemy with topographical maps, or plansof fortitications, doc mnIts, or in formation which shall directly lead to the samie end of coiuiitting hostilities on Spain or favoring the progress of the hostile arms. 5. A Spaniard who in time of war shall prevent the national troops from receiving the assistance referred to in No. ' or the data and information referred to ili No. 4. Airr. 137. Conspiracy to comnmit any of the crimes mentioned in the three precediig articles shall be punished with the penalty of jresidio ao eir, and the proposition to commit the said crimes with that of Jore50/0' <0/m (eloota/. ART.138. A foreigner residing in Spanish territory who shall commit any of the crimes specified in the preceding article shall be punished with the penalty inext lower than that fixed therein, reserving the provisions of treaties or interiational law relativg to diplonatic officials. ART. 13. Those wvho shall conmit the crimies specitied in the preceding articles aainst a power allied to Spain. in the case of said power beiiig in the field a.1aiist the common enemy, shall he punished with the penalties lower byone degree than those respectively prescribed. Airr. 141. The miisters of the Crown shall incur the penalty of cu t, l, /ft /,Ill to death who, in violation of article .t of the constitution, shall authorize ai decree to aiiy of the followinig ends: 1. Alienatiig, ceding., or exchanging any part of the Spanish territory. 2. Alithorizing the entrance of foreign troops into the Xingdoni. 8. lhatifviiig treaties of oftensive alliance, which uyav have brouniht about war between Spain and another power. Art. 141. The persons mentioned in the foregoing article shall lie punished with the penalty of on'n /u 1, jn}por/ in its iedim degree to cnd, 00 p ijstotf, who, in violation of article 55 of the constitution, shall authorize a decree: 1. Ratifying treaties of offensive alliance which may not have irought about war betweeli Spain and another power. 2. Ihatifying treaties in which the stipulation is iiade to give subsidies to a foreign powr. C'IIAPEr:n II. (RiIJis THAT ENDANiER THE PEACE OR INDEPENDENCE OF TlE STATE. Arr. 142. The ecclesiastical minister who, in the his olfice. shall publi'h or enforce hnlls, hriefs, or performance of dispatches from the IolY See, or other provisions or declarations that attack the peace of independence of or encourage their expulsion. the State, or that oppose the observance of its laws, lonobse rvalce, shall incur the penalty of temporary

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41 Amy layman committing' such acts shall incur the penalty of j'iin cOrr?,c(c'ion/ in its minimum and medium degrees, and a fine of from 635 to 6,250 pesetas. ART. 14>. Anperson who shall introduce, publish, or enforce within the Kingdom any order, provision, or document emanating front a foreignu government, that attacks the independence or security of the State, shall be punished with the penalties of c/'re (/iol in its minimum and mediumi degrees. andi a fine of from 635 to 6,250 pesetas, unless such crime directly produces others of greater o'ravity, in which case he shall be punished as the principal therein. Art. 144. If any of the crimes mentioned in the two foregoing articles should he committed by any official Of the State taking advantag'e of his character or duties, there shall be imposed upon him, in addition to the penalties established in said articles, that of perpetual absolute disqualitii'ton. ART. 145. He who by unlawful acts or not duly authorized should provoke or furnish a pretext for a declaration of war against Spain on the part of another power. or should expose Spaniards to annoyance or reprisals oi their persons or property, shall he punished with the penalty of ', -/ is 6iojtsqli if he be a State oticial, and otherwise with that of p1' ine nur ewr. If the war be not actually declared, or the reprisals or annoyances do not take place, the respective penalties shall be imposed in the next lower degree. Auur. 146. The penalty of it du..isn tomor/ shall be imposed on any person violating a truce or armistice agreed to between the Spanish nation and a hostile nation, or between their belligerent forces, land or naval. Ar. 147. A public official who, taking advantage of his office, should ili any way' not specifically mentioned in this chapter endange-r the diganity or interests of the Spanish nation, shall 1e punished with the penalties of J/risiunw matyor and perpetual disqualitication from the office he may hold. ART.148. He who, without sufficient authorization, shall raise troops within Spain for the service of a foreign nation for aiy object or purpose w hatsoev'r, whatever ie the nation against which hostility le contiiplated. shall 1ic punished with the penalties of 1 i. /'i; muoyir and ia fine of front 12.Lo1n to 12:5,0o0 pesetas. Ile who, without sufficient authorization, should send out vessels for privatoering shall be punished with the penalties of iclasiiu tcnipo'i and a fuie of from 4,250 to 62,500 pesetas. ART. 119. Ile who in time of war holds correspondence with the hostile Country or territory occupied by its troops shall be punished: 1. With the penalty of p/s ii mayr, if such correspondence is carried on by ciphers or codes agreed on between the parties. i

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42 0 .With that of prisin. correccional, if it be carried on in the usual form and the Government should have forbidden it. 3. With that of rehlision temnjb)rl, if there were given therein notice or information of which the enemy could take advantage, whatever he the form of such correspondence, and even though the Government should not have forbidden it. The same penalties shall be incurred by the person committing the crimes mentioned in this article, even thougrh he should send the correspondence through friendly or neutral territory in order to elude the law. If the culprit should intend to help the enemy with his notices or information, the provisions of article 135 and 136 shall he observed. ART. 150. Any Spaniard guilty of an attempt to enter a hostile country, if the Governiient should have prohibited it, shall he subject to the penalties of are to m(0yor, and a tine of from 375 to 3,750 pesetas.' CHAPTER III. CRIMES AOAINST INTERNATIONAL LAW. ART. 151. He who should kill a monarch or the head of another State residingi in Spain, shall he punished with the penalty of r'eriri tempo,r l in its maxinum deigree, to death. Ile who shoild inflict serious wounds upon the said persons shall be punished with the penalty of i 1/ou./in t/iyjwl, and if the wounds were .light with that of moryS m mlOr. Those who should comumit any other attempt at crime not specitically mentioned in the foregoing paragraphs, ia"ainst the saie persons shall incur the last-named penalty. ART. 1)2. He who should violate the personal immlunity or the domicile of a monarch or head of another State received in Spain in their otficial character, or who ,hall violate that of a representative of another power, shall be punished with the penalty of jonv ion corrc Sofna/. If the crimes mentioned in this and in the preceding article should have no reciprocal penalties fixed therefor in the laws of the nation to whom the persons offended beloug, the penalty shall ie imposed upon the delinquent which would 1e proper for the crime, in accordance with the provisions of this code, if the person offended should not have had the otiiial character mentioned in the foregoing paragraph. See Gen. Orders No. 11), l adiuarters I epartm nt of Porto Rico, July 31, 1l9 page 143.

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43 CHAPTER IV. CRIMES OF PIRACY. ART. 153. The crime of piracy connitted against Spaniards or the ubjects of another nation not at war with Spain shall 1W punished with the penaltv of caden, te pord to caildena Jr/>rta. / If the crime should re committed ga inst nonIellig crent subjects of mother nation at war with Spain it shall be punished with the penalty if pr sh/din wor. ART. 154. Those who commit the crimes referred to in the first para:raph of the precedi ng article shall incur the prnalty of cad/a jrnretuw to death; and those who commit the crimes referred to in the econd paragraph of the same article that of ca[rena trrrjrl-el to adena r JrrJrt ia: 1. Provided that they have taken any vessel hyipon her. boardin' or iirin 2. Provided that such crime should ie accompanied ry assassination, iomlicide, or 1by any of the physical injuries inflicterd oi persons specifed in articles 427 and 428 and in numders 1 and 2 of article 429. 3. Provided that it was accompanied by any of the outrages against :hastity specitied in Chapter IL Title IX, of this hook. 4. Provided that the pirates should have aandoned :lY persons without means of saving themselves. 5. In every case, the captain or leader of the pirates. TITLE II. CRIMES AGAINST THE CONSTITUTION. CHAPTER 1. CRIMES OF LPSE-IAJESTFN, AGAINST T1lE CORTES, THE COUNCIL OF MINISTERS, AND AGAINST THE FORM OF GOVERNMENT. SECTION 1.(rire rrf l|r-m iver/. ART. 155. Upon any person who shall kill the Kin there shall ie inposed the penalty of rcl ion p r/rrri to death. AnT. 15r. If the crime referred to in the fore(irr article he frnstrated or attempted, it shall e punished with the penalty of rcclur'?c lra1jr'ril in its maximum degree to death. The conspiracy to execute with that of rbiiinxrir irpfril. And the proposition with that of prir rir nur/r. ART. 157. The following shall be punished with the penalty of r cl ui n tirrmporrii tr rclrr, i;rrr per u : 1. Those who shall deprive the King of his personal liberty.

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44 2. Those who .hall force him, by violent means or by grave intimidation, to perform any act contrary to his will. .hose who -hall cause him grave physical injuries not included in the first paragraph of article ART. 158. If the violence, intimidation, or physical injuries referred to in nunbers 2 and 3 of the preceding article he not grave, the penalty of rdetus/n taeporal shall he imposed on the gnlty person. ART. 159. The penalty of rlis/wn tinipirul shall likewise he imposed: 1. Lpon a person who shall outrage or threaten the King in his presence. 2. Upon a person who shall enter the King's residence with violence. ART. 160. Any person who shall threaten or outrage the King puhlicly in writiig, outside of his presence, shall te punished with the penalties of }i /sin ",ao/, anid a tiln(, of from 1,250 to 12,5( pesetas. Outrages and threats couched in :mI other form shall le punished, iH they should be grave, with the penalty of ri//l ni or'i iln its mediiin degree to p),/ n core ,nwl in its minimium degree, and if they should le light, with the penalty of oir s1, muyor in its medium degree to pirsiwn rer'Pc'i 1l ill its minimnin degree. ART. 161. He who shall kill the immediate successor to the Crown or the Re nt of the King'dom shall e punished with the penalty of i, claes/n Impor,/ iin its mcxinum de"'ree to death. If the crime be frustrated or attempted, with the penalty of riclu.in /, mpoal to death. The conspiracy with that of nwr/s S .iygr in its medimui and ma xinun degrees. And the proposition with that of Jri/o ;i rrei, oo/ in its maxiiimm degree to [riSi ion iwyi ill its ininum degree. ART. 162. If the crimes mentioned in the preceding articles of this section, with the exception of those comprised in the last article, should Ie commiitted against the iiinediate successor to the Crown, the consort of the King or the Rlti(.nt of the Kilig'donm, thcv shall ie punished with the penalties lower 11v one degree than those prescribed therein. SECTi0iN 11.---( ',im,. aO/'Iniist /t/ Cor,.s end is at gion iis 1and / agctinSt It, cme l ~fl minl ixters. AnT. 1u2. In case there should he a yacancy of the Crown, or in case the King should he disaled i alny nannmer wihatsoevir from ! ioverniig the nation, those Ienlers of the roval fainilv, ministers, iiithoritiis, and other civil or iiilitary oiicials who shall disoiev the Ri iint after he has taken the oath that the constitution requires, or the council of niinistirs daring the time that thii are provisionally governing the Kingudom in accordance thrc uwith, shall be punished

PAGE 47

45 with the penalty of r'egaio(;o tottral in its maximumn degree to etY h ln 1)j/p, tw. ART. W4. The penalty of conf npmicAto shall he incurred hy those who, forming part of an armed force, shall collectivelY address petitions to either of the co-legislative bodies. even though such petitions should not be personallv presented. The .amne penalty shall te incurred by those who, forming part of alt arined force, shoult present them individually, but not atcording to the laws of their organization, in so far as they have relation thereto. The penalties prescribed in this article shall be respectively imposed in their maximum degree oi those who hold a conmod in the armed force. ART. 165. The following shall also incur the penalty of co/nt'1. Those who shall outrage or threaten a senator or tietputy on account of the opinions he ma' have expressed or the votes cast in the senate or chamber of deputies. 2. Those who use force, intimidation, or serious threat to prevent a senator or deputy from attending the co-legislative hody to which he belongs, or who 1)v the same mntais should coerce the free declaration of his opinins or the casting of his vote. In the cases provided for in the two preceding numbers of this article, a challenge to fight a duel shall te considered as a serious threat. ART. 166. If the outrage, threat, force, or intimidation referred to in the preceding article were not serious, the delinqtuent shall suffer the penalty of ialIishmnt anti a fine of from '125 to 3,250 pesetas. AitT. 167. Thte pnaltits prescrited in the three preceding articles shall he imposet in their maximum degree if the guilty persons are recidivists. A.er. 1S. The Imblic otficial who. when the Cortex is in session, should, without due permission of the respective legislative body, detain, arrest, or commnit for crime any senator or deputy, unless he hadl been taken /ni tig rat,, shall incur the pewalty of temporary special disqualification. The same penalty shall he incurred hY the judge Who, hating passed s5ntence on a senator or deputy, in a trial instituted without the permission referred to in the preceding paragraph, should carry out said sentence without the lcgislative body to which the accused belongs having authorized its execution. There shall also he punished with the same penalty of temporary special disqualification the administrative or judicial oflicials who should detain a senator or deputy t i t'tgrn/ and fail to report it to the Cortes inunediately if in session; or who should fail likewi-c

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46 to report to the Cortes as soon as it assembles the arrest of any of its members which they may have ordered, or the proceedings they may have instituted against such members during the interval of the sessions. SECTION I.-C'rimes against the form of Government. ART. 1G9. Persons who shall execute any kind of acts or deeds directly tending to obtain by force any of the following' eids, shall be considered guilty of crimes against the form of Government established by the constitutiol: 1. To substitute for the constitutional monarchical Government an absolute monarchical or republican government. 2. To deprive, in whole or inl part, the King, the Regency, or tile Cortes of the privileges and powers vested in them by the constitution. 8. To change the legitimate order of the succession of the Crown, or to deprive the dynasty of the rig'hts g-ranted it by the constitution. 4. To deprive the council of ministers of the right to govern the Kingdonm provisionally until the Regent takes the oath in accordance with the constitution. ART. 170. The followimi shall also commit crimes against the form of Government: 1. Those who in any kind of public meetings or places of numerous assemblage shall raise cheers or other outeries that shall provoke acclaiitions tending to the accomplishlmient of aiiy of the purposes specitied in the preceding article. 2. Those who in said meetin g and places make speeches or read or distribute printed iatter or carry eulem.: aind banners, tending to the realization of the objects mentioned in the preceding article. Awr. 141. Public officials who should exmeute any mandate or order issued by the King in the exercise of his constitutional authorit y without being signed by the proper minister shall also 1e considered guilty of a crime against the form of Government. ART. 17. Those wo, publicly and in open hostility, should rise ili arms, in order t perpetrate ay of the crimes provided for in article 169, shall he puniished with the following penalties: 1. Those who may have in.tigated, supported, or directed said rising or who appear as its principal leaders, with tie penalty' of i'rla/ ;n t/m ooro/ in its naximiun degree to death. 2. Those in charge of a subaltern coniiand therein, with that of r u/.'n olmw orl/ to death, should they be persons filling civil or ecclesiastical office, or if there should have been any engageient between the forces iider their connand and the public forces loyal to the governuimnt. or if their forces should have caused ravages amroig the properties of private persos, of towns, or of the State, or have cut the te egraph wires or the railroad lines, or have conmitted any

PAGE 49

47 acts of gross violence against individuals, or exacted contributions, or diverted public funds from their lawful purpose. With the exception of these cases, the penalty of reclusion temporal shall be imposed on the culprit. 3. The mere participants in the rising, with that of pr4on mnayor in its medium degree to 'eCles on tropoojra/ in its minimum degree, in the cases provided for in the first paragraph of the preceding number, and with that of pnisioo mayor in its full limit, in the cases mentioned in the second paragraph of the same number. ART. 173. Those who, without rising in arms and in open hostility against the Government. shall connit any of the crimes provided for in the said article Iw.) shall be punished with the penalty of jrSon in a yOr. ART. 174. He who shall commit any of the crimes included in article 170. shall be punished with the penalty of banishment. ART. 175. A public oficial who is responsible for the crime inentioned in article 171, shall sufler the penalty of temporary special disqualification. SECTION \.-P02roriseo0s co//lbO to the thre prrcedid/o aectiotm. ART. 176. The provisions contained in the articles included in this chapter are understood without prejudice to the prescriptions of other articles of this code which fix a hiig-her penalty for any one of the acts punished ii the foriier. ('n: mrn II. CRIMES COMMIrrED ON THE OCCASION OF i' THE EXERCISE OF TILE INDIVIDUAL RIGHTS GUARANTEED BY TIIE CONSTITUTION. SECTION I.('r,,us comm itted l y individuals on ti oCeasio of tihe cctrcise of, imliveduolt righits ftuarantced b~y the contstitutiarn. ART. 177. The followin aie not peaceful Meetings or dnioustrations: 1. Those which are held in violation of the police rule, of a general or permanent character of the locality where the ieetiug or dciionstration takes place. 2. Open-air meetings or political demonstrations held at ni'ght. 3. Meetings or demonstrations where a certain nmbier of people assemble with firearms, lances, sabres, swords, machetes. or any other similar weapons. 4. \leetinigs or demonstrations which are hel for the purpose of committing any of the crimes pnished by this code, or those w here,

PAGE 50

48 during the meeting, any of the crimes punished in Title III, Book II, hereof are committed. Airr. 17S. The organizers and leaders of any meeting or demonstration that is held without written notice thereof Iaving been given to the authorities twenty-four hours in advance, stating the object, timne, and place of the meeting, shall incur the penalty of 'oresto mayor and a tine of from 325 to 3,25t pesetas. ARr. 179. The organizers :nd leaders of any meeting or demonstration included in iny of the cases of article 177 shall incur the penalty of jw/'/"' c,r/oa/ in its minimum and nmediimii degrees. and a tine of from 325 to 3,250 pesetas. An'r. 1i0. In the cases of the preceding articles, if the meeting' or demonstration shall not have actually taken place, the personal penalty shall he the next lower in degree. Air. tsI. For the euforcement of the provisions of the preceding articles, as leaders of the mleeting or denitstration shlil be considered those ho, ytv the speeches they nmyr have delivered thereat, or by the printed natter which they may hae published or distributed at the sut'., by the mnottoes. tlgs, or other etlems displayed, or by ally other means, appear is instigating the proceedings. Aier. 182. Those merely attending the miectings or demonstrations mentioned in Nos. 1 and 2 and the first case of No. 4 of article t77, shall be punished with the penalty of ,rrbto m0y/tr. Als. ts. The oranizers, leaders, and persons present at any eeti .or demtonstration 'hatsoetr shall respectively incur the pe.alt ies next higher in derse, if they fail to dispese it upon a second notice to do so front the authorities or their ag-ents. _Anr. 1.14. Those who asscumble :it mtectings or demnnstration, carrying firearms, lances, sabres, swords, machetes, or any other similar weapons., shall be punished with ri/ ce/n/,iln its miniunn and medimo degree. AIw. 1s7. Those attendinlntetings or demonstrations who, during its progress, shall commnit zany of the crimes punished in this code, shall incur the p'llall y correspondinjg to the crime they commnit, and stay he arrested at once by the authorities or their agwilts, or in their absieuce by any other person attending. Awr. 186t. The 10llowing are illegnl associations: 1. 'Those which by their purpose or circtumstances are contrary to public munrals. '_. Thoso whose object it is to commnit any of the crimes punished in this code. Awl,. 1s7. The following~ persons shall incur the penalty of Jwr/s/d1 tt0tttt' / in iiininnu I median deLgrecs. and a tine of from

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49 1. The founders, directors, and presidents of associations which may he organized and are included in any of the numbers of the preceding article. If the association should not have been organized, the personal penalty shall be that next lower in degree. 2. The founders, directors, and presidents of associations which may be organized without notice to the local authorities of their purpose and by-laws eight days before their first meeting, or of the place of the meeting twenty-four hours before the respective meeting, even if the first place selected for the meeting should later he changed for another. 3. The directors or presidents of associations who do not admit the authorities or their agents or do not give them the right of attending the meetings. 4. The directors or presidents of associations who do not stop meetings on the second notice to do so of the authorities or their agents. ART. 188. The following shall incur the penalty of ai-osto ,s yor: 1. The individual members of the associations mentioned in article 186. If the association should not have been organized, the penalties shall be public censure and a fine of from 325 to 3,250 pesetas. 2. The individual members who commit the crime mentioned in No. 3 of the foregoing article. 3. The individual members who do not withdraw from the meeting on the second notice given by the authorities or their agents that the meeting must be suspended. ART. 189. The founders, directors, presidents, and iimnmbers of associations who again hold a meeting after its havin, heen suspended by the authorities or their agents, provided that the judicial authority has not revoked the suspension ordered, shall incur the penalties next higher in degree than those respectively prescribed in the last two articles. ART. 190. Those who establish and direct institutions of learning in violation of the laws in force on the subject shall incur the penalty of arrt,)so mayor and a fine of from 5;n to 5,000 pesetas. ART. 191. The following shall incur the penalty of arrient mayor: 1. The authors, directors, editors, and printers in their respective cases of secret publications. By such shall be considered those which do not bear the printer's name upon the copies printed or which bear a fictitious one. 2. The directors, editors, or printers (also in their respective cases) of the periodical publications who have not complied with the precepts of the special law of the press. 1571-4

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50 SECTION. IiG-e IlieM tq/tted by/ fhl IC tIals fain' t te exercise (f individual riights g/ pwranteed by thm constitution. ART. 192. A public official who, without the authorization of law, shall impose any punishment equivalent to personal punishment, by arrogating judicial powers to himself, shall incur: 1. The penalty of temporary absolute disqualification, if the punishment imposed were equivalent to a corporal penalty. 2. The penalty of suspension in its medium and maximum degrees, if it were equivalent to a correctional penalty. 3. The penalty of suspension in its minimum and medium degrees, if it were equivalent to a light penalty. ART. 193. If the punishment arbitrarily imposed should have been carried out, in addition to the penalties prescribed in the preceding article, the punishment imposed shall be inflicted on the guilty official and in the same degree. If the punishment should not have been carried out that next lower in degree shall be imposed upon him, if the former should not have gone into effect through a cause independent of his will. ART. 194. If the penalty arbitrarily imposed should have been a pecuniary one the guilty official shall be punished: 1. With that of temporary absolute disqualification and a fine of an amount equal to three times the amount thereof if it should have been exacted. 2. With that of suspension in its medium and maximum degrees and a fine of from one-half to an equal amount thereof if the penalty had not been exacted through a cause independent of his will. 3. With that of suspension in its medium and minimum degrees if it should not have been exacted by reason of the voluntary revocation of the said official. ART. 195. The authorities and officials, civil and military, who, even though the constitutional guaranties may ibe suspended, should have established a penalty different from that previously prescribed by law for any kind of crimes, and those who enforce such penalties, shall respectively incur, according to the facts, the penalties prescribed in the three foregoing articles. ART. 1D. The judicial authority who unduly remits a criminal case to another military or administrative authority or official which illegally claims it, shall be punished with the penalty of suspension in its medium and maximum degrees. The military or aministrative authority or official who should persist in his demand for the unlawful remission of the case and should compel the judicial authority to comply after the latter had pointed out the illegality of such ai demand, shall be punished with the penalty next higher in degree.

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51 ART. 197. If the person of the criminal shall also have been demanded and surrendered, the penalties shall, in their respective cases, be those next higher in degree than those prescribed in the preceding article. ART. 198. The public official who, unless it be by reason of a crime, should detain a person without being authorized to do so by law, the constitutional guaranties not being suspended, shall incur the penalty of a fine of from 325 to 3,250 pesetas, if the detention should not have exceeded three days; the penalty of suspension in its minimum and medium degrees, if it should have exceeded said period and not been more than fifteen days; that of suspension in its maximum degree to temporary absolute disqualification in its medium degree, if it should not have been less than fifteen days nor have reached one month: that of prsion correccional in its maximumi degree to pr?';n o/ayor in its minimum degree, if it should have been more than one month and should not have exceeded a year; and that of priAiun mayor in its medium degree to reclusi(n temporal to its full limit, if the detention should have exceeded one year. ART. 199. The public official who should delay complying with a judicial order to release a person imprisoned or detained whom he may have under his control, shall be punished with the penalties next higher in degree than those prescribed in the preceding article in proportion to the duration of the delay. ART. 200. The public official who, not being a judicial authority and the constitutional guaranties not having been suspended, shall detain a person for a crime and shall not deliver him to the judicial authority within the twenty-four hours after the detention took place, shall respectively incur the penalties next higher in degree than those prescribed in the said article 198. ART. 201. The following shall also incur the same penalties in their respective cases: 1. The warden of a jail or any other public official who shall receive as a prisoner any person whatsoever and shall allow twenty-four hours to elapse without informing the judicial authority thereof. 2. The warden of a jail or other public official who does not liberate a prisoner who should not have been committed to prison within the seventy-two hours next after due notice of his detention should have been given to the judicial authorities. 3. The warden of a jail or other public official who shall receive a person in the capacity of a prisoner, unless by virtue of a judicial order, or shall keep him in prison after seventy-two hours have elapsed from his having been received in such capacity or having been notified of the warrant for his commitment, unless during that time the prisoner should also have been notified of the writ ratifying the former.

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52 4. The warden of a jail or any other public official who shall conceal a prisoner from the judicial authority. 5. The warden of a jail or other penal institution who, without an order of the judicial authority, shall have placed a prisoner or one under sentence either in solitary confinement or in a place different from that where he belongs. 6. The warden of a jail or head of a penal institution who should impose upon prisoners or those under sentence improper deprivations or treat them with unnecessary severity. 7. The warden of a jail or the head of a penal institution who should deny to a person detained or a prisoner, or to whomsoever may represent him, a certificate of his detention or imprisonment, or who should not forward any petition relative to his release. 8. The head of a penal institution who should retain a person in the institution after having received official notice of his pardon or after his term of imprisonment had expired. The provisions of Nos. 1, 2, 3, and 5 shall not be applicable when the warden of a jail or head of a penal institution or public official acts in compliance with an order of the civil or military authority issued in the exercise of legal powers. ART. 202. The following shall incur the penalty of suspension in its minimum and medium degrees: 1. The judicial authority who should neither set at liberty nor commit a prisoner by a warrant, stating the reasons therefor (urto motaiado), within 72 hours following that in which he may have been placed at his disposal. 2. The judicial authority who shall not ratify a warrant of commitment or declare it null within 72 hours after it may have been issued. 3. The judicial authority who, with the exception of the cases mentioned in the two preceding numbers, shall detain in the capacity of prisoner a person whose release is proper. 4. The judicial authority who should improperly order or prolong the solitary continement of a prisoner. 5. The clerk or secretary of a superior or inferior court who shall permit the terum referred to in No. 1 of this article to elapse without notifying the prisoner of the warrant committing him to prison or the writ terminating his detention. 6. The secretary or clerk of a superior or inferior court who shall unduly delay the notification of the warrant or writ raising solitary confinement or setting ia prisoner at liberty. 7. The clerk or secretary of a superior or inferior court who shall delay informing them of any petition of a person detained or imprisoned, or of his representative, relating to his freedom. If the delay referred to in the foregoing numbers shall have lasted more than one month and shall not have exceeded three, the culprits

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53 shall incur, in their respective cases, the penalty of suspension in its maximum degree to temporary absolute disqualitication in its medium degree and a fine of from 325 to 3,250 pesetas; and if it should have exceeded said period, that of temporary absolute disqualification in its maximum degree to perpetual absolute disqualification and a fine of from 1,250 to 12,500 pesetas. ART. 203. The following shall incur the penalties of suspension in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas: 1. The public official who, not being a judicial authority and the constitutional guaranties not having been suspended, shall enter the domicile of a Spaniard or foreigner without his consent, except in the cases and in the manner expressly prescribed by law. 2. The public official who, without being authorized by law and not being a judicial authority, and the constitutional guaranties likewise not being suspended, shall make a search through the papers of a Spaniard or of a foreigner and the effects which may be found in his domicile, unless their owner should have given his consent. If he should not return at once to the owner the papers and effects thus examined innnediately after making the search, the penalty shall be that next higher in degree. If the crimes punished in the two preceding numbers should be committed at night, the penalties shall be those of suspension in its medium and maximtun degrees and a fine of from 625 to 6,250 pesetas, reserving the provisions of the second paragraph of No. 2, with regard to which the penalty shall be that next higher in degree than those prescribed therein. ART. 204. The public official who, on the occasion of a search through the papers and effects of a person, shall commit any other unjust vexation against persons or wanton damage to their property, shall likewise incur the penalties of suspension in its minimum and medium di'grees and a fine of from 325 to 3,250 pesetas. If he should remove such property and appropriate it to himself, he shall be punished as guilty of the crime of robbery with violence against the person. ART. 205. The judicial authority who, with the exception of the cases prescribed and in violation of the forms established by law, and the constitutional "uaranties not being suspended, should enter by night the domicile of a Spaniard or foreigner without his consent, shall incur the penalty of suspension in its minimum and medium degrees and a fimme of front 325 to 3,251) pesetas. ART. 206. The same penalty shall be incurred by any authority who shall make an examination of papers and effects in the domicile of a Spaniard or foreigner, unless in the presence of the interested person or in that of a member of his fanmily, or, in their absence, in that of two witnesses fron the same locality.

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54 ART. 207. The public official who, not being a judicial authority, shall detain private correspondence intrusted to the mails shall incur a fine of from 325 to 3,250 pesetas. ART. 208. The public official who, not being a judicial authority, shall open private correspondence intrusted to the mails shall incur a fine of from 325 to 3,250 pesetas. The public official who shall open a telegraphic message intrusted to him for delivery at a domicile shall incur the same penalty. ART. 209. The public official who shall extract letters from the mails shall be punished with the penalty of a temporary absolute disqualification in its minimum and medium degrees and a fine of from 1,250 to 12.500 pesetas. ART. 210. The public official who, without being expressly authorized by law, and the constitutional guaranties not being suspended, shall banish a person to a distance greater than 250 kilometers from his domicile, unless by virtue of a judicial sentence, shall incur the penalty of a fine of from 325 to 3,250 pesetas. The public official who, without being expressly authorized by law, and the constitutional guaranties not being suspended, shall compel a person to move his domicile or residence, shall be punished with the penalty of banishment and a fine of from 625 to 6,250 pesetas. ART. 211. The public official who, without being authorized by law, shall deport or exile from the territory of the kingdom any person, unless by virtue of a final sentence, shall be punished with the penalty of u;,inuui and a fine of from 1,250 to 12,500 pesetas. ART. 212. A public official who orders the payment of a general, provincial, or municipal tax not legally authorized shall be punished with the penalty of suspension in its maximum degree to temporary absolute disqualification in its tinimunt degree and a fine of from 625 to 6,250 pesetas. ART. 213. The public officials who shall exact from taxpayers to the State, province, or municipality the payment of taxes not authorized according to their respective classes by the Cortes, the provincial deputation, or the municipal council, shall incur the penalty of suspension in its itediun and maximum degree to tentporary absolute disqualiication in its medium degree and a tine of from 625 to 0,250 pesetas. If such exaction should have been consummated, the tine shall be an amount equal to three times that of the amount collected. If the exaction should have heei effected by emploving compulsion or any other means of coercion, the penalty shall be that of temporary absolute disqualitication and the aforesaid fine. ART. 214. If the amount collected should not have been paid according to its character into the treasurv of the province or municipality by the fault of the person who may have collected it, he shall be pun-

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55 isned as a swindler by the maximum degree of the proper punishment therefor. ART. 215. The authorities who shall give their aid and cooperation to the officials referred to in the two preceding articles shall incur the penalties of temporary absolute disqualification and a fine of from 325 to 3,250 pesetas. If they should have received profits from the amounts collected, they shall be punished as equal principals in the crime punished in the preceding article. ART. 216. The public official who shall condemn the property of any person, unless by virtue of a mandate from the competent authorities, for reason of public utility, before proper indemnification made therefor, shall incur the penalties of suspension in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas. If he shall disturb any person in the possession of his property, unless by virtue of a judicial writ or a mandate from the competent authority, issued in accordance with the express provisions of the laws, he shall incur the same penalty. ART. 217. The following shall be punished with the penalties of suspension in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas: 1. The public official who, the constitutional guaranties not being suspended, should forbid or prevent a person, neither under arrest nor a prisoner, from attending any meeting or demonstration that is legal in accordance to law. 2. The public official who, under the same conditions, should prevent or prohibit a person from forming part of any association, unless it 1e one of those included in article 16 of this code. 3. The public official who, under the same conditions as of the preceding articles, should prevent or forbid a person to address, either by himself or together with others, petitions to the Cortes, the King, or the authorities, unless it should have been forbidden to them by law. ART. 216. A public official who, being neither authorized by law and the constitutional guaranties not being suspended, shall in any manner whatsoever prevent the holding of a peaceful meeting or demonstration of which he had official notice, or the foundation of any association not included in article 186 of this code, or the holding of its meetings, unless it he those in which any of the crimes punished in Title 111, Book 11 of the same, should have been committed, shall incur the penalty of suspension in its nediumr and maximum degrees and a fine of from 625 to 6,250 pesetas. ART. 219. The public official who, not being authorized by a law and the constitutional guaranties not being suspended, shall order the dissolution of any meeting or pacitic demonstration, or the suspension

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56 of any association not included in article 186 of this code, shall be punished with the penalty of suspension in its maximum degree, to temporary absolute disqualification in *its minimum degree, and a fine of from 625 to 6,250 pesetas. ART. 220. The public official who does not bring to the notice of the judicial authorities his suspension of an unlawful association or the meeting of any other association whatsoever, and the reasons of the suspension ordered, within the twenty-four hours following his action, shall incur the penalty of suspension in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas. ART. 221. The same penalties shall be incurred by the public official who shall order the closing or dissolution of any private educational institution, unless for sufficient reasons of hygiene or morals or other causes expressly provided by law, and he who shall not inform the judicial authorities of such closing or dissolution within the twentyfour hours following its having taken place. ARaT. 222. The penalty of banishment shall be incurred by the public official in its minimum and medium degrees, who without having demanded two successive times the dissolution of any meeting or demonstration, or the suspension of the session of an association, should employ force to dissolve or suspend it, unless there should have been previous violent aggression on the part of those taking part in the meeting, demonstration, or session of the association. If slight injuries should result from the employment of force to one or m1o1 of those present, the penalty shall be that of banishment in its medimn and maxinmum degrees and the same fine. If the injuries should be grave, the penalty shall be that of rrnlinominb, in its miuninun and medium degrees and a fine of from 1,250 to 12,L00 pesetas. If death should have resulted therefrom, the penalty shall be that of cofinra rentcn to in its naxinunn degree to reltyacina tumopor/l and a fine of from 3,125 to 31,250 pesetas. ART. 223. A public official who, after a 1neeting or demonstration has been dissolved or any association or its meetings suspended, should refuse to give information to the judicial authority requesting it, of the causes which gave rise to said dissolution or suspension, shall be punished with the penalty of temporary absolute disqualification and a fine of from 625 to (;251 pesetas. SECTION III. -C ines in -ciohation
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57 if the crime were committed in churches, chapels, or places devoted to worship; and with that of arreato mayor to prisin correccioaal in its minimum degree, and a fine of from 50 to 500 pesetas if the offense be committed in any other place. ART. 225. He who with the intention of offending the Catholic religion should trample, cast on the ground, or in any other manner profane the sacred elements of the Eucharist shall be punished with the penalty of jrcs/omayor. ART. 226. Those who in offense of the State religion shall trample, destroy, break, or profane sacred objects devoted to worship within churches or without them, shall incur the penalty of prisio corrrrcc ionaal. ART. 227. He who with deliberate intention makes ridicule of the Catholic religion by word or writing, publicly contemning its dogmas, rites, or ceremonies, shall be punished with the penalty of airrestoi mayor to pricdn correccionai in its minimun degree if the deed should have occurred in churches or on the occasion of acts of worship; and with that of arresto mayor if the crime should have been committed in other places and not on the occasion of such acts of worship. ART. 228. He who shall practice outside the precincts devoted to worship other than that of the Catholic religion public ceremonies or celebrations belonging to the same, shall incur the penalty of confnaw l% to. For the purposes of this article the respective cemeteries of the dissenting religions shall be considered as precincts similar to those wherein they worship. ART. 229. He who shall physically maltreat a minister of the Catholie religion while performing the offices of his ministry shall incur the penalty of jrisin correcco/nl. He who shall offend under similar circumstances by word or gestures shall be punished with the penalty of arr twi mayor in its medium degr to prr//i o correccona/l in its maximum degree. ART. 230. He who by means of threats, violence, or other lawless coercion shall force any person to perform acts of worship or to attend the rites of a religion not his own, shall incur the penalty of pri]e/nid corrcc,,na/ in its medium and maximum degrees and a fine of from 625 to 6.250 pesetas. ART. 231. He who by the same means shall prevent any person from performing the acts of worship of the religion which he professes. or from attending its rites, shall incur the penalties prescribed in the preceding article. ART. 232. The following shall incur the penalty of arresto mayor in its miaxinnn degree to p/Vl rr/lt1 / in its minimum degree and a fine of from 30o to 3,06o pesetas: 1. He who by the means mentioned in the preceding article shall

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58 force any person to perform the acts of worship or attend the rites of a religion which he himself professes. 2. He who by the same means shall prevent any person from observing the religious festivals of his sect. 3. He who by the same means shall prevent any person from openhis shop, warehouse, or other establishment, or force him to Ing from any work of whatsoever nature on stated religious abstain festivals. The provisions of the foregoing paragraph shall be understood without prejudice to the general or local police regulations or of public order. ART. 233. Those who by the employment of the means mentioned in article 224 shall prevent or disturb the acts of worship or the ceremonies of a religion distinct from the Catholic religion within its precincts or cemeteries, respectively, shall be punished with the penalty of arresto muayor. ART. 234. He who shall physically maltreat a minister of any religion other than the Catholic religion while exercising his functions shall be punished with the penalty of arresto mayor in its medium and maximum degrees to prisibn correccudaw in its minimum degree. Offense by speech, under similar circumstances, shall be punished with the penalty of arrest" mayor. ART. 235. He who shall publicly ridicule any of the dogmas or ceremonies of a religion that has adherents in Spain shall be punished with a fine of from 325 to 3,250 pesetas. SEcTION IV.-Provisinas ionunan to the 1hre prceddin sections. ART. 236. The provisions of this chapter shall be understood without prejudice to those of other chapters of this code which prescribe a higher penalty for any of the acts included in the three preceding sections. TITLE III. CRIMES AGAINST PUBLIC ORDER. CIArER 1. REBELLION. ART. 237. Those who shall rise publicly and with open hostility against the Government for any of the following purposes are guilty of rebellion: 1. To proclaim the independence of the islands of Cuba and Porto Rico, or either of them.

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59 2. To dethrone the King, or depose the Regent or Regency of the Kingdom, or deprive them of their personal liberty, or oblige them to secute an act contrary to their will. 3. To prevent the holding of elections for deputies to the Cortes or ;enators in the whole Kingdom, or the lawful assemblage of the same. 4. To dissolve the Cortes or prevent the deliberations of either of he colegislative bodies, or to force them to adopt any resolution. 5. To commit any of the crimes specified in article 163. i;. To subtract the Kingdom, or a part of it, or any body of land or jval troops, or any other class of armed force from its obedience to le Supreme Government. 7. To use and exercise the constitutional prerogatives of the minisera of the Crown, or to despoil them thereof, or hinder or curtail heir free exercise of the same. ART. 238. Those who by inciting the rebels and making them resoute shall have promoted and sustained the rebellion, begun for the 1 of the preceding article, and its principal >arpose mentioned in No. hiefs, shall he punished with the penalty of radenit p1 p7)"t to death; ad in other cases with that of reclasitn tintptrse in its maximum legree to death. ART. 238. Those who exercise i subaltern comtmand in a rebellion .1 of article 237 shall if they were persons tganized to commit the crime referred to in No of isidina prpta to death, ncur the penalty ling a civil or ecclesiastical otlice. ART. 240. Those who exercise a subaltern command in it rebellion, crime mentioned in the other he purpose of which is to conunit any of recluaiun t' pora auhers of article 237, shall incur the penalty m its maximum degree to death, and that of rrrlu. ich timportl if said urpose were not included in any of them. ART. 241. The mere participants in a rebellion shall le punished ith the penalty of rlihrsin b nqtoral in its fullest extent in the cases ientioned in the first paragraph of No. 2 of article 172, and with that mayor in its medium degree to r-/rsluin tmporal in its 'f pri'idn not be included therein. minimum degree, should they ART. 242. If the rebellion should not have been organized by known eaders, those who in fact lead the others, or speak for them, or sign the veipts or other documents in their name, or exercise other similar iets in representation of the others, shall he considered leaders. ART. 243. The following shall be punished as rebels, with the penalty f risitn mayor. Those who, without rising against the Government, commit by 1. raft or any other means whatsoever the crimes included in article 237. 2. Those who seduce troops or other class of land or naval armed force into committing the crime of rebellion. If the rebellion actually takes place, the seducers shall le considered aromoters thereof and shall sutler the penalty prescribed in article 238.

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60 ART. 244. Conspiracy to commit the crime of rebellion shall be punished with the penalty of prwso cerreccional in its medium and maximum degree. The proposal to do so shall be punished with that of reclusidn temporal in its minimum and medium degree. CHAPTER Il. SEDITION. ART. 245. Those who shall rise publicly and tumultuously in order to attain by force, or outside of legal methods, any one of the following objects, are guilty of sedition: 1. To prevent the promulgation or execution of laws, or the free holding of popular elections in any province, circumscription, or electoral district. 2. To prevent any authority, corporation, official, or public officer from freely exercising his duties or the execution of his judicial or administrative orders. 3. To wreak any deed of hate or revenge upon the person or property of any authority or its agents. 4. To wreak, with a political or social object, any deed of hate or revenge upon individuals, or upon any class in the State. 5. To despoil, with a political or social object, any class of persons, the municipality, the province, or the State of all or any part of their property, or to lay waste or destroy such property. ART. 246. Those who by incitinl the seditious and making them resolute shall have promoted and supported sedition and its principal leaders, shall be punished with the penalty of relasodn tempfral, should they be included in any of the cases specified in the first paragraph of No. 2 of article 172, and with that of pidn mor, if they are included in none of these. ART. 247. Mere participants in sedition shall be punished with the penalty of l-isi;On cwireerOal in its medium and inaxinnun degrees in the cases specified in the first paragraph of No. 2 of said article 172, and with that of prisin e/rccrihoial in its minimum and medium degrees if not included therein. ART. 248. The provisions of article 242 are applicable to the case of sedition which has not been organized by known leaders. ART. 249. A conspiracy to commit the crime of sedition shall be punished with the penalty of (rreSt mayor to prsivn correceifal in its minimum degree.' See General oier 109, Headquarter Department of Porto Rico, July 31, 1s99, page 143.

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61 ART. 250. Those who shall seduce troops, or any other class of land or naval armed forces whatsoever, to commit the crime of sedition, shall be punished with the penalty of prisin corrcccional in its medium and maximum degree. If the sedition should have been effectual, the seducers shall be considered as promoters thereof and shall suffer the penalty prescribed in article 246. ART. 251. If the sedition should not have reached the point of embarrassing in a serious manner the exercise of public authority, nor having caused the perpetration of any other grave crime, the courts thall reduce the penalties prescribed in this chapter by one or two degrees. CHAPTER 111. PROVISIONS COMMON TO THE TWO PRECEDING CHAPTERs. ART. 252. The courts shall reduce by one or two degrees the penal:ies prescribed in the two preceding chapters in the case of rebels and seditious persons who may disband or submit to the lawful authorities at the first summons to do so, provided that they were not public employees. ART. 253. Individual crimes committed during a rebellion or sedition, or on the occasion thereof, shall be respectively punished according to the provisions of this code. If the authors thereof can not be discovered, the principal leaders of the rebellion or sedition shall be punished as such. ART. 254. The authorities directly appointed by the government who shall not have resisted the rebellion or sedition by all the means within their power, shall suffer the penalty of temporary to perpetual absolute disqualification. Those not directly appointed by the government shall suffer the penalty of suspension in its maximum degree to temporary absolute disqualification in its medium degree. ART. 255. The employees who continue to discharge their duties under the orders of those in uprising, or who, without having had their resignation from office accepted, abandon it when there is danger of rebellion or sedition, shall incur the penalty of temporary special disqualification. ART. 256. Those who shall accept office from rebels or seditious persons shall be punished with the penalty of temporary absolute disqualification for public office in its minimum degree. ART. 257. The penalties of prisiun mayor and prision correccinal, which are imposed for the crimes included in Chapters 1 and II, shall be served in institutions within or without the islands of Cuba or Porto Rico.

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62 CHAPTER IV. CRIMINAL ATTEMPTS AGAINST THE AUTIIORITIES AND THEIR AGENTSRESISTANCE AND DISOBEDIENCE. ART. 258. The following commit criminal attempt: 1. Those who, without public uprising, employ force or intimidation for any of the purposes mentioned under the crimes of rebellion and sedition. 2. Those who attack the authorities or their agents, or employ force against them, or gravely intimidate them, or offer an equally grave resistance while they are discharging the functions of their office or on the occasion thereof. ART. 259. The criminal attempts included in the preceding article shall be punished with the penalties of pr;sNin corrccional in its medium degree to jis/n;n )myayr in its mininumt degree, and a fine of from 625 to 6,250 pesetas, provided that any of the following circumstances are attendant: 1. If the aggression were accomplished by weapons. 2. If those guilty thereof were public officials. 3. If the delinquents laid hands upon the authorities. 4. If in consequence of compulsion the authorities should have yielded to the exactions of the delinquents. Without these circumstances the penalty shall be prision curreccional, fronm its minimum to its medium degree, and a fine of from 375 to 3,750 pesetas. ART. 260. The penalty prescribed in the last paragraph of the foregoing article shall be imposed in its maximum degree upon culprits if they employ the force or intimidation mentioned in number 1 of article 258 for the purpose mentioned in number 1 of article 237, or if they should have laid hands upon persons who may have come to the assistance of the authorities, or upon their agents, or upon public officials. ART. 261. The persons who, without being included in article 258, should resist the athorities or their agents, or should grossly disobey them in the performance of the duties of their office, shall be punished with the penalties of arrete moyr and a fine of from 325 to 3,250 pesetas. CHATrER V. ACTS OF DISRESPECT, INSULTS, ACTS OF CONTUMELY AND THREATS AGAINST AUTHORITIES; AND INsULTS, ACTS OF CONTUMELY, AND THREATS AGAINST THEIR AOENTS AND OTHER PUBLIC OFFICIALS. ART. 212. The following commit an act of disrespect: 1. Those who, while a minister of the Crown or an authority is in Ji

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63 the exercise of his functions or on the occasion thereof, shall calumniate, outrage, or insult him by deed or word, in his presence or in a writing addressed to him, or who shall threaten him. 2. The public official who, while his hierarchical superior is in the exercise of his office, shall calumniate, outrage, or insult him by act or word, in his presence or in any writing addressed to him, or who shall threaten him. ART 263. If the calumny, insult, outrage, or threat referred to in the foregoing article should be grave, the delinquent shall suffer the penalty of prision correccianal in its minimum and medium degrees and a fine of from 375 to 3,750 pesetas. If they should be less grave, the penalty shall be that of arresto mayor in its maximum degree to prisioa corrcccional in its minimum degree and a fine of from 325 to 3,250 pesetas. ART. 264. Provocation to fight a duel, even though dissembled or having an appearance of privacy, shall be considered a grave threat for the purposes of the foregoing. ART. 265. Those who, while a minister of the Crown or an authority is in the exercise of his functions or on the occasion thereof, shall calumniate, outrage, or insult him by deed or word, outside his presence, or in a writing not addressed to him, shall be punished with the penalty of arrsto me yo. ART. 266. The penalty of arresto mayor shall also be imposed on those who outrage, insult, or threaten, by act or word, public officials or agents of the authorities, in their presence or in a writing addressed to them. CHAPTER VI. PUBLIC DISORDERS. ART. 267. Those who shall raise a tumult or grossly disturb order at the hearing of a superior or inferior court at the public acts pertaining to any public authority or corporation at any electoral college, offices, or public institutions, at public spectacles or solemnities, or a large meeting, shall be punished with the penalties of arrest" mayor in its medium degree to prision correccional in its minimum degree and a fine of from 375 to 3,750 pesetas. Those who shall cause a tumult or grossly disturb order on farms or plantations by refusing to work or by disobeying or resisting the persons in charge of their direction or management shall incur the same penalties. ART. 268. Those who shall grossly disturb public order in order to offer an outrage or other wrong to any individual person shall incur the penalty of arreso ayor.

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64 If the purpose of the offense were to prevent any person from exercising his political rights, the said penalty of iriesto mayur in its maximum degree shall be imposed on the culprit. ART. 269. The penalty of rrr sto mneyo, shall also be imposed, unless a higher penalty is applicable in accordance with other articles of this code, on those who shall raise cries provocative of rebellion or sedition at any meeting or association, or in any public place, or who shall show in the same places badges or banners which might directly provoke the disturbance of public order. ART. 270. Those who shall extricate from jails or penal institutions any person detained therein, or who facilitate his escape, shall be punished with the penalty of iresto mayor in its maximum degree to prision correccinotl in its mininuun degree, if they should employ violence, intimidation, or subornation for the purpose, and with the penalty of ,rresto mayor should they make use of other means. If the escape of the prisoner should be effected outside of said institutions by means of surprising those charged with their conduction, the same penalties shall he applied in their minimum degree. ART. 271. Those who shall place obstructions or damage railroad tracks, or obstruct or damage telegraph lines or intercept messages or correspondence, shall be punished with the penalty of 1ision eorreccional in its mininuun to its medium degree. ART. 27. Upon those who destroy or injure pictures, statues, or any other public monument of usefulness or ornamentation shall be imposed the penalty of ?wresto mayor in its medium degree to prhis n correccional in its mininnun degree. CHAPTER VII. PROVISIONS COMMON TO THE ThREE PRECEDING CHAPTERS. ART. 273. For the purposes of the articles included in the three preceding chapters, a person who, by himself alone, or as a member of any corporation or tribunal, shall exercise special jurisdiction, shall be considered as an authority. The officials of the Department of Public Prosecution (Ministerio Fiscal) shall also be considered authorities. ART. 274. If the person conunitting any of the crimes specified in the three preceding chapters should bei a civil or ecclesiastical authority, he shall ie punished with the maxiunun of the respective penalty and with temporary absolute disqualitication. ART. 275. The ministers of a religion who, ili the exercise of their calling, provoke the execution of any of the crimes included in the three preceding chapters, shall be punished with the penalty of banish-

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65 ment, if their provocations were of no effect, and with that of confnamiento mayor if they did produce effect, unless a greater penalty is prescribed in other articles of this code for the crime committed. TITLE IV. FALSITIES AND FALSIFICATIONS. CHAPTER I. FALSIFICATION OF THE ROYAL SIGNATURE OR STAMP, THE SIGNATURE OF MINISTERS, SEALS, AND MARKS. SECTION I.--Falsification of the royal signatre or stam)) and the signatu(e of miinisters. ART. 276. He who shall counterfeit the stamp of the King or of the Regent of the Kingdom, or the signatures of the ministers of the Crown, shall be punished with the penalty of cadenta temporal. ART. 277. He who shall counterfeit the signature or stamp of the head of a foreign power, or the signature of his ministers, shall be punished with the penalty of prexilio mwyol if the culprit should have made use in Spanish territory of the counterfeited signature or stamp, and with that of presid/io {orreccional in its medium to its maximum degree if he should have made use of them outside of said territory. ART. 278. He who should knowingly make use of a counterfeited signature or stamp of the classes referred to in the preceding article, shall incur the penalty next lower in degree than that prescribed therein for the counterfeiters thereof. SECTION II.-Ftsipciati! t S SealS and marks. ART. 279. He who shall counterfeit the great seal of the State shall be punished with the penalty of eadena temporal. He who should knowingly make use of the counterfeit seal of the State shall be punished with the penalty next lower in degree than that prescribed in the preceding paragraph. ART. 280. He who shall counterfeit the seal of the State of a foreign power, and make use of it in Spanish territory, shall be punished with the penalty of presidio ma/yor, and with that of presidio correccioal in its medium to its maximum degree, if he should have made use of it outside of the said territory. 1571 5

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FF ART. 281. He who, knowing of the falsity of the seals referred to in the two preceding articles, but without having participated in their falsification, should avail himself of or use them, shall be punished with the penalty next lower in degree than that prescribed in the said articles for the counterfeiters. ART. 282. The counterfeiting of marks and seals of inspectors of weights and measures shall be punished with the penalties of pr >//o vwyorand a fine of from 625 to 6,250 pesetas. ART. 283. Those who knowingly expose for sale objects of gold or silver marked with false stamps of assay shall be punished with the penalty prescribed in the preceding article. ART. 254. The counterfeiting of the seals used by any authority, tribunal, official corporation, or public office shall be punished with the penalty of pr, NS//O crre cionw/ in its minimuin and medium degrees and a fine of from 375 to 3,750 pesetas. The mere use of seals of this kind with knowledge of their falsity shall be punished with the same penalties, if gain to the prejudice of the public funds were intended; otherwise, the penalty next lower in degree shall be imposed on the culprit. ART. 285. The falsification of the seals, marks, and countersigns which are employed in the offices of the State in order to identify some object or to insure the payment of taxes, shall he punished with the penalties of prisidio correcciowl in its mininiun and medium degrees and a fine of from 375 to 3,750 pesetas. ART. 286. If the falsifications referred to in the two preceding articles should have been accomplished without the employuiment of stamps or dies or other mechanical instruments used in counterfeiting, the penalty next lower in degree than those prescribed for such crimes shall be imposed on the culprit. ART. 287. The falsification of seals, marks, tickets, or countersigns which industrial or conmercial establishments make use of, shall be punished with the penalties of )residiu cor eccional in its mininuu and medium degrees. ART. 288. le who shall place on sale objects of comnmerce, substituting for the mark or name of the real manufacturer the mark or tame of a tictitious one, shall be punished with the penalty of rr, may/or and a fine of from 325 to 3 ,350 pesetas. ART. 269. Ile who remioves from army seal, ticket, or countersign the mark or sign that indicates that it had already been used or was useless for the object of its issue, shall also incur the penalty of uruto imayor and a tine of from 325 to 3,250 pesetas. He who knowimngly makes use of such class of seals or countersigns shall incur a fine of from 325 to 3,250 pesetas.

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67 CHAPTER II. COUNTERFEITING OF MONEY. ART. 290. Whosoever shall make counterfeit money, of a value less than the legitimate, by imitating gold or silver coins lawfully current in the Kingdom, shall be punished with the penalties of cadena temnpoand in its medium degree to cadena perpetea, and a fine of from 625 to 6,250 pesetas, if the counterfeit money were of copper. ART. 291. He who shall clip lawful coins shall be punished with the penalties of presidio mayor and a fine of from 625 to 6,250 pesetas if the money were of gold or silver, and with that of prewidio correecional in its minimum and medium degrees and a fine of from 325 to 3,250, pesetas if it were of copper. ART. 292. He who shall make counterfeit money of the value of the genuine by imitating money that is lawfully current in the Kingdom, shall be punished with the penalties of presidio correccional in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas. ART. 293. He who shall make counterfeit money by imitating money that is not lawfully current in the Kingdom shall be punished with the penalties of presidio correccional in its medium and maximum degrees and a fine of from 325 to 3,250 pesetas. ART. 294. He who shall clip lawful money that is not lawfully current in the Kingdom shall be punished with the penalties of presidio correccional in its minimum and medium degrees and a fine of from 625 to 6,250 pesetas. ART. 295. The penalties prescribed in the two foregoing articles shall be imposed in their respective cases on those who shall introduce counterfeit money into the islands of Cuba and Porto Rico. Those who circulate counterfeit money shall also be punished with the same penalties when connivance exists between them and the makers thereof or those who introduce it. ART. 296. Those who, without the connivance referred to in the preceding article, shall pass counterfeit or clipped money which, with knowledge of its character, they had acquired for the purpose of circulating it, shall be punished with the penalties of presidio crnreccional in its medium and maximum degrees and a fine of from 325 to 3,250 pesetas. ART. 297. He who, having received counterfeit money in good faith should issue it after knowing its falsity, shall be punished, if the amount spent exceed 325 pesetas, with a fine of from an amount equal to up to one three times that of the genuine money. ART. 298. Those in whose possession counterfeit money shall be found which, from its amount and character, may reasonably allow

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68 the inference that it was intended for circulation, shall he punished as guilty of an attempt to commit the crimes of circulating counterfeit money. CHAPTER III. FALSIFICATION OF BANK NOTES, INSTRUMENTS OF CREDIT, STAMPED PAPER, POSTAGE STAMPS, AND OTHER STAMPED ARTICLES WHOSE SALE IS RESERVED TO THE STATE. ART. 299. Those who shall falsify bank notes or other instruments payable to the hearer, or their coupons, whose issue may have been authorized by the law of the Kingdom, or those who shall introduce them into the islands of Cuba and Porto Rico, shall be punished with the penalties of ew dno temopind in its medium degree to cOadbm perpebw and a fine of from 6,250 to 62,500 pesetas. The same penalty shall be imposed upon those who shall circulate them in connivance with the counterfeiter or introducer thereof. ART. 300. Those who, without being in relation with the counterfeiters or introducers thereof, shall acquire, for the purpose of circulation, bank notes or other instruments payable to bearer, and their coupons, knowing that they are false, shall be punished with the penalty of 0/deO t'mporal. ART. 301. Those who shall, in the islands of Cuba and Porto Rico, falsify hank notes or any other class of instruments payable to hearer, or their coupons, whose issue is authorized by a law of a foreign country, or lby a provision that has there the same force as law, shall also be punished with the penalty of ((d(,)n teiop ora/. Those who, in complicity with the counterfeiters, shall introduce them shall incur the same penalty. ART. 302. Those who, having in good faith acquired bank notes or other instruments payable to bearer, or their coupons, included in articles 299 and 301, and shall pass them knowing of their falsity, shall be punished with the penalties of 1resi/d/ corvch/o o/ in its medium and maximum degrees and a tine of from 625 to 6,250 pesetas. ART. 303. Thosi who shall counterfeit or introduce into the islands of Cula or Porto Ric~ bonds payable to order, or other documents of credit not to earer, -whose issue is authorized by virtue of a law, shall be punished with the penalties of cen/co t mport/ and i a fine of from 6,250 to 62,50) pesetas. ART. 304. Those who shall counterfeit securities payable to order, or any other class of instruments of credit not to bearer, whose issue is authorized by a law of a foreign country, or by a provision that has there the same force as a law, shall he punished with the penalty of pris/d/ mayor in its medium degree to c'adena temporal in its minimum degree.

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69 ART. 305. He who knowingly shall negotiate or make profit in any other manner, to the prejudice of a third person, of a counterfeit security of those included in the preceding articles, shall incur the penalties of presidio correccional in its medium and minimum degrees and a fine of from 375 to 3,750 pesetas. ART. 306. He who shall present in any judicial proceedings any security payable to the bearer, or its coupons, knowing their falsity, shall incur the penalties of pnr' idio correccional in its medium and minimum degrees and a fine of from 325 to 3,250 pesetas. ART. 307. He who shall counterfeit stamped paper, telegraph or postage stamps, or any other class of stamped articles whose sale is reserved to the State, shall be punished with the penalty of presidio mayor. The same penalty shall be imposed on those who introduce the same into the territory of Cuba or Porto Rico, or on those who circulate them in connivance with the counterfeiters or introducers thereof. ART. 308. Those who, without being in connivance with the counterfeiters or introducers thereof, shall knowingly acquire false paper, stamps, or articles of the kind mentioned in the preceding article, in order to circulate them, shall be punished with the penalty of presidio correccneol in its minimum and medium degrees and a fine of from 375 to 3,750 pesetas. ART. 309. Those who, having in good faith acquired public securities of the character mentioned in the foregoing article shall circulate them, knowing their falsity, shall incur the penalty of alresto uayor in its maximumnn degree to pr1isin corrrecional in its minimum degree. Those who merely use them, having knowledge of their falsity, shall incur a fine of from five to ten times the value of the genuine paper or securities they may have used. CIIAI TER IV. FALSIFICATION OF DOcUMENTS. SEcTIoN L-1iahlsqiti 'oe of oficial and coinmoercial doititnts and telegraphicj dlispatche.. ART. 310. The penalties of cad,-n a tSnporal and a tine of from 1,250 to 12,500 pesetas shall be imposed on a public official who, taking advantage of his authority. hall conun it a falsification1. By Counterfeiting or feigning any writing. signature, or rubric. 2. By including in any act the participation of persons who had no such participation. 3. By attributing to those who were present thereat declarations or statements different from those which they made.

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70 4. By falsifying the truth in a narration of facts. 5. By altering true dates. 6. By making in a genuine document any alteration or interlineation altering its meaning. 7. By giving out an authentic copy of a fictitious document, or by stating therein a contrary or different thing from that contained in the genuine original. 8. By intercalating any instrument in a protocol, register, or official book. An ecclesiastical minister who shall commit any of the offenses included in the foregoing numbers, with regard to acts or documents which might affect the civil status of persons, shall incur the penalty prescribed in the first paragraph of this article. ART. 311. An individual who shall commit any of the falsifications specified in the preceding article in public or official documents or in bills of exchange, or any other class of commercial paper, shall be punished with the penalties of presidio mayor and a fine of from 1,250 to 12,500 pesetas. ART. 312. He who shall knowingly present in judicial proceedings or should use with intent of gain a false document of the kind mentioned in the foregoing articles, shall be punished with the penalty lower by two degrees than that prescribed for the falsifiers. ART. 313. A public official in charge of the telegraph service who shall invent or falsify a telegraphic message shall incur the penalty of prisiOn ,rUe'/Uwl in its medium and maximum degrees. He who shall make use of the false message with intent of gain or desire to prejudice another shall be punished as the principal in the falsification. SECTION II.---tsscation
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71 shall give it in blank, shall be punished with the penalties of prdsion correccional in its minimu and medium degrees, and temporary special disqualification. ART. 317. He who shall make a false passport or cedla of residence shall be punished with the penalty of arresto mayor in its maximum degree, to prision correccional in its minimum degree, and a fine of 325 to 3,250 pesetas. The same penalties shall be imposed on the person who, in a genuine passport or cedia of residence, shall change the name of the person in whose favor it may have been issued, or of the authority which issued it, or who shall alter it in any other essential particular. ART. 318. He who shall make use of the passport or edula of residence referred to in the preceding article shall be punished with a fine of from 325 to 3,250 pesetas. Those who shall make use of a genuine passport or cedda of residence issued in favor of another person shall incur the same penalty. ART. 319. The physician who shall deliver a false certificate of illness or physical injury, for the purpose of exempting a person from any public service, shall be punished with the penalties of arAeto mayor in its maximumi degree to prision correccional in its minimum degree and a fine of from 325 to 3.250 pesetas. ART. 320. A public official who shall issue a false certificate of merit or service, of good conduct, of poverty, or of other similar circumstances shall be punished with the penalties of suspension in its medium and maximum degrees and a fine of from 325 to 3,250 pesetas. ART. 321. An individual who shall falsify a certificate of the kinds mentioned in the preceding articles shall be punished with the penalty of ar I,/o mayor. This provision is applicable to the person who shall make use of such false certificate knowingly. CHAPTER V. PROVISIONs APPLICABLE TO THE FOUR PRECEDING CHAPTERS. ART. 322. He who shall manufacture or introduce dies, seals, marks, or any other kind of tools or instruments whatsoever knowingly destined to the falsifications referred to in the preceding chapters of this title, shall be punished with the same pecuniary penalties and with the personal penalties next lower in degree than those respectively prescribed for falsifiers. ART. 323. He who shall have in his possession any of the tools or instruments referred to in the preceding article, and should not give a satisfactory explanation as to their acquisition or preservation, shall be punished with the same pecuniary penalties and the personal pen-

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72 alties lower by two degrees than those corresponding to the falsification for which they are proper. ART. 324. The official who, in order to execute any falsification to the prejudice of the State, of a corporation, or of an individual, in whose service he may be, shall make use of legitimate tools or instruments intrusted to him, shall incur the same pecuniary and personal penalties that correspond to the falsification committed, being imposed upon him in their maximum degree; and he shall furthermore incur a penalty of from temporary absolute disqualification in its maximum degree to perpetual absolute disqualification. ART. 325. Those who without being included in the preceding article shall take possession of the legitimate tools or instruments mentioned in the same, and shall make use of them to execute any falsification to the prejudice of the State, corporation, or individual to whom they belong, shall incur the same pecuniary penalties and the personal penalties next lower in degree that correspond to the falsification committed. ART. 326. If the profit which those guilty of the falsification punished in this title may have derived, or which they proposed to gain, can be estimated, there shall be imposed upon them a fine of an amount equal up to three times that of such profit, unless the maximum thereof were less than the minimum penalty prescribed for the crime, in which case the latter shall be applied. CHAPTER VI. FRAUDULENT CONCEALMENT OF PROPERTY OR INDUSTRY, FALsE TESTIMONY, AND FALsE ACCUsATION AND DENUNCIATION. ART. 327. He who, upon being questioned by the competent administrative official, shall conceal all or part of his property, or the trade or industry in which he is engaged, for the purpose of eluding thereby the payment of the taxes that ought to be paid upon the former or for the latter, shall incur a fine of an amount equal to up to five times the value of the taxes which he ought to have paid, but in no case shall it le less than 325 pesetas. ART. 325. He who, in a criminal cause, shall give false testimony against the accused shall Ibe punished: 1. With the penalty of cdena t,,mjored in its maxincn degree to e ldci awii/>ceh, if the accused should have been in such cause sentenced to the penalty of death, and it should have been carried out. 2. With the penalty of iten tmrutdutl, if the accused should have been condennid in the cause to cod no piypcua and should have begun to undergo said penalty. 'See Order No. 116, Headquarters Division of Cuba, March 17, 1900, page 138.

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73 3. With the penalty of presidio mayor, if the accused should have been condemned in the cause to cadena perpeta and should not have begun to undergo the same. 4. With the penalty of presidio correccional, in its maximum degree to that of presidcio mayor in its medium degree, if the accused should have been condemned in the cause to suffer any other corporal punishment and should have begun to undergo the same. 5. With the penalty of presidio correccional in its medium degree to presidio meayo" in its minimum degree., if the accused should have been condemned in the cause to any other corporal penalty and should not have begun to undergo the same. 6. With the penalties of presidio correccional in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas, if the accused should have been sentenced in the cause to a correctional penalty and should have begun to undergo the same. 7. With the penalties of presidio correccional in its minimum and medium degrees and a fine of from 375 to 3,750 pesetas, if the accused should have been sentenced in the cause to a correctional penalty and should not have begun to undergo the same. S. With the penalties of arresto nrayor in its maximum degree to presidia correccinrd in its minimum degree and a fine of from 325 to 3,250 pesetas, if the accused should have been condemned to a light penalty and should have beguin to undergo the same. 9. With the penalties of rremo wayor and a fine of from 325 to 3,250 pesetas, if the accused should have been condemned to suffer a light penalty and should not have begun to undergo the same. ART. 32a. le who, in a criminal cause, shall give false testimony in favor of the accused shall be punished with the penalties of arresto mayor in its maximum degree to prisior ctrrecrnal in its medium degree and a fine of from 375 to 3,750 pesetas, if the cause were for a crime; and with that of nrreto naayor if it were for a misdemeanor. ART. 330. The penalty of artrrsto mayor in its mininlum and medium degrees shall be imposed on the person who, in a criminal cause for a crime, shall give false testimony that neither prejudices nor favors the accused. ART. 381 False testimoiy given in a civil cause shall be punished with the penalty of arretn naunr in its maximum degree to presidlio correccirorl in its medium degree and a tine of from 625 to 6,25n pesetas. If the amount of the claim should not exceed 625 pesetas, the penalties shall be those of rr,-,h mayor and a line of from 625 to 6.250 pesetas. ART. 332. The penalties of the preceding articles are applicable in their maxinnun degree to the experts who testify falsely in judicial proceedings.

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74 ART. 333. Whenever the false statement of the witness or expert shall have been given on account of subornation, the penalties shall be those next higher in degree to those respectively fixed in the preceding articles, there being imposed furthermore a fine of an amount equal up to three times that promised or the value of the gift. The latter shall be confiscated should it have been delivered to the person suborned. ART. 334. When the witness or expert without essentially perverting the truth shall distort it by his reticence or inexact statements the penalties shall be: 1. A fine of from 375 to 3,750 pesetas should such falsification take place in a criminal cause; and 2. From 325 to 3,250 pesetas if it should take place in a cause of a misdemeanor or in a civil action. ART. 335. He who shall knowingly offer perjured witnesses or false documents in a judicial proceeding shall be punished as guilty of false testimony. ART. 336. The crime of false accusation or denunciation is committed by falsely imputing to any person acts which, if they were true, would constitute a crime that would give rise to proceedings ex officio, if the imputation were made before an administrative or judicial official who would be obliged to proceed to its investigation or punishment by reason of his office. The denouncer or accuser, however, shall not be proceeded against unless by virtue of a final sentence or writ, equally final, of the court which took cognizance of the crime imputed, dismissing the complaint. The latter shall proceed ex officio against the denouncer or accuser, provided that the principal cause should show sufficient grounds for instituting a new action. ART. 337. A person guilty of false accusation or denunciation shall be punished with the penalty of preshih' coirreciona/ in its medium and maximum degrees, if the crime imputed were grave: with that of idn correcciunal in its minimum and medium degrees, if the crime imputed were ''less grave;" with that of (rrs/co mayor. if the imputation should have been a misdemeanor; and with the additional imposition in each case of a fine of from 625 to 0,250 pesetas. CHAPTER VII. USURPATION OF OFFICE, RANK, AND TITLES, AND IMPROPER USE OF NAMES, DRESS, INSIONIA. AND DECORATIONS. ART. 338. He who, without warrant or legitimate cause, shall exercise acts pertaining to an authority or public official, attributing to himself an official character, shall be punished with the penalty of jision correCional in its miinilnui and medium degrees.

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75 ART. 339. He who, attributing to himself the rank of professor, shall publicly perform acts belonging to a faculty, which can not be filled without an official title, shall incur the penalty of arresto mayor in its maximum degree to prisioi correccional in its minimum degree. ART. 340. He who shall usurp the character which would enable him to exercise the functions belonging to ministers of a religion that has adherents in the land, or should perform said functions, shall incur the penalty of arrsto mayor in its maximum degree to prision correcCional in its minimum degree. ART. 341. He who shall assume and publicly attribute to himself titles of nobility that do not belong to him shall incur a fine of from 625 to 6,250 pesetas. ART. 342.' He who shall publicly use an assumed name shall incur the penalties of arresto mayor in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas. If the purpose of the use of the assumed name were the concealment of anv crime, the evasion of a penalty, or the causing of any prejudice to the State or to individuals, there shall be imposed on the culprit the penalties of arresto mayor in its medium and maximum degrees and a fine of from 375 to 3,750 pesetas. Notwithstanding the provisions of this article, the use of an assumed namle may be temporarily authorized by the superior administrative authority for sufficient cause. ART. 343. The public official who, in the duties belonging to his office, shall attribute to any person, in connivance with him, titles of nobility, or a name that does not belong to him, shall incur a fine of from 375 to 3,750 pesetas. ART. 344. He who shall publicly and unlawfully wear a uniform or dress belonging to an office which he does not hold, or of a class to which he does not belong, or of a rank not his own, or insignia or decorations that he is not authorized to wear, shall le punished with the penalty of a fine of from 325 to 3,250 pesetas. TITLE V. VIOLATION OF THE LAWS RELATING TO INTERMENTS, VIOLATION OF SEPULCHERS, AND OFFENSES AGAINST PUBLIC HEALTH. CimAmrERu I. VIOLATION OF LAWS RELATING TO INTERMENT AN) VIOLATION OF sEPULCIIERs. ART. 345. He who shall conduct or cause to be conducted an interment in contravention to the provisions of the laws or regulations with regard to the time, place, and other formalities prescribed for 'See Order No. 150, Headquarters Divisi'n of Cuba, April 10, 1900, page 139.

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76 interments, shall incur the penalties of arresto mayor and a fine of from 375 to 3,750 pesetas. ART. 346. He who shall violate sepulchers or graves, committing any acts whatsoever directly tending to detract from the respect due the memory of the dead, shall be sentenced to the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas. CHAPTER II. OFFENSES AGAINST PUBLIC HEALTH. ART. 347. He who, without having been duly authorized, shall manufacture substances injurious to health, or chemical products capable of causing great destruction, for the purpose of dealing therein, or who shall send them out, or sell or deal in them, shall be punished with the penalties of arresto mayor and a fine of from 625 to 6,250 pesetas. ART. 348. He who, being authorized to deal in substances which might be injurious to health, or chemical products of the kind mentioned in the preceding article, shall transmit them or supply them without complying with the formalities prescribed in the respective regulations, shall be punished with the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas. ART. 349. Pharmacists who shall send out adulterated medicines, or shall substitute certain ones for others, or shall dispense them without complying with the formalities prescribed in the laws and regulations, shall be punished with the penalties of arresto mayor, in its maximum degree to prisi(n cerrcccional in its minimum degree and a fine of from 325 to 3,250 pesetas. If by reason of the sending out of such medicines the death of a person should have resulted, the penalty of prision correccional in its medium and maximum degrees, and a fine of from 625 to 6,250 pesetas shall be imposed upon the culprit. ART. 350. The provisions of the two preceding articles are applicable to those who deal in the substances or products mentioned therein, and the employees of the pharmacists, if they should be the culprits. ART. 351. He who shall exhume or transfer human remains, in violation of the regulations and other sanitary provisions, shall incur the penalty of a fine of from 325 to 3,250 pesetas. ART. 352. He who shall alter beverages or articles of food destined for public consumption by any composition whatever noxious to health, or who shall sell spoiled goods, or who shall manufacture or sell objects whose use would be necessarily injurious to health, shall be punished with the penalties of arresto mayer in its maximum degree

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77 to prision correccioanal in its minimum degree and a fine of from 325 to 3,250 pesetas. The adulterated goods and the articles injurious to health shall always be destroyed. ART. 353. The penalty prescribed in the foregoing article shall also be imposed-1. Upon a person who shall secrete or remove articles intended for destruction or disinfection, with the object of selling or buying them. 2. Upon a person who shall throw into a spring, cistern, or river the water of which is used for drinking purposes, any object which should make the water injurious to health. TITLE VI. GAMBLING AND RAFFLES. ART. 354. The bankers and proprietors of houses where games of chance, stakes, or hazard are played, shall be punished with the penalty of arresto mayor and a fine of from 625 to 6,250 pesetas, and in case of a repetition with those of arresto mayor in its maximum degree to prisidn corrcceional in its minimum degree and a fine double the above mentioned. The players who assemble at the houses referred to shall be punished with those of arresto mayor in its minimum degree and a fine of from 325 to 3,250 pesetas. In case of repetition, with that of wrrsto mayr in its medium degree and double the fine. ART. 355. The managers of and circulators of tickets in unauthorized lotteries or raffles shall be punished with the penalty of arresto mayor in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas. Those who use fraudulent devices to insure winning in games of chance or raffles shall be punished as swindlers. ART. 356. The money or other articles and the instruments and tools used in gambling or raffles shall be confiscated. TITLE VII. OFFENSES COMMITTED BY PUBLIC EMPLOYEES IN THE DISCHAROE OF THEIR OFFICES. (lAPTER I. DERELICTION OF DUTY. ART. 357. The judge who shall knowingly pass an unjust sentence upon a guilty person in a criminal prosecution for crime, shall incur the penalty imposed by such sentence, if it should have been executed, and in addition that of temporary absolute disqualification in its maximum degree up to perpetual absolute disqualification.

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78 ART. 358. The judge who shall knowingly pass an unjust sentence upon a guilty person, if it should not have been put into execution, shall be punished with the penalty next lower in degree than that which he had imposed by such unjust sentence, if the crime were a grave crime, and with that next lower by two degrees than the sentence imposed if the crime were less grave. In all the cases of this article there shall also be imposed on the culprit the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification. ART. 359. If the unjust sentence should be knowingly passed upon acriminal in a trial for a misdemeanor, the penalties shall be those of arresto ayor and temporary special disqualification in its maximum degree to perpetual special disqualification. ART. 360. The judge who in a criminal prosecution shall knowingly pronounce an unjust sentence in favor of a criminal, shall incur the penalty of pri/idn c/t/rre/(onal in its minimum and medium degrees and temporary special disqualification in its maximum degree to perpetual special disqualification if the cause were for a grave crime, and that of arresto mayor in its maxinum degree to JrISOn crrcciona d in its minimum degree and the same disqualification, if the prosecution were for a less grave crime, and that of arresto mayor in its minimum degree and suspension, if the prosecution were for a misdemeanor. ART. 361. The judge who shall knowingly render an unjust judgment in a civil cause shall incur the penalties of arresto ma/ywr in its medium degree to prisdn /orrecci/nal in its minimum degree, and temporary special disqualification in its maxinnum degree to perpetual special disqualification. ART. 362. The judge who, on account of inexcusable negligence or ignorance, shall render judgment or pass sentence in a civil or crimiinal case that is manifestly unjust, shall incur the penalty of temporary special disqualification in its niaxinuun degree to perpetual special disqualification. ART. 363. The judge who shall knowingly pronounce an unjust interlocutory decree shall incur the penalty of suspension. ART. 364. The judge who shall refuse to pass upon a cause, under pretext of obscurity, insufliciency, or silence of the law, shall be punished with the penalty of suspension. The judge guilty of malicious delay in the administration of justice shall incur the same penalty. ART. 365. The public official who shall knowingly render or advise an unjust interlocutory decree or decision of adiiinistrative litigation or in a matter merely administrative, shall incur the penalty of ten porary special disqualitication in its maximum degree up to perpetual special disqualiiaeation.

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79 The public official who shall render or advise, through inexcusable negligence or ignorance, a manifestly unjust interlocutory decree or decision in a matter of administrative litigation, or merely administrative, shall be punished with the same penalty. ART. 366. The public official who, neglecting the duties of his office, shall maliciously fail to move the prosecution and punishment of delinquents shall incur the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification. ART. 367. The attorney or solicitor who, in malicious abuse of his profession or through inexcusable negligence or ignorance, shall prejudice his client or disclose his secrets of which he had gained knowledge in the course of his professional duties shall be punished with a fine of from 625 to 6,250 pesetas. ART. 368. The attorney or solicitor who, having been retained to defend the cause of one party, shall subsequently, without his consent, defend the opposite side in the same action or give counsel to the same, shall be punished with the penalties of temporary special disqualification and a fine of from 325 to 3,250 pesetas. CHAPTER II. FAITHLESSNESS IN THE CUSTODY OF PRISONERS. ART. 369. The public official guilty of connivance in the escape of a prisoner whose conveyance and custody may have been intrusted to hin shall be punished1. In case the fugitive should have been finally sentenced to undergo any penalty, with that lower than the same by two degrees and that of temporary special disqualification in its maximum degree to perpetual special disqualification. 2. With the penalty lower by three degrees than that prescribed by law for the crime for which the fugitive was being tried, should he not as yet have been finally condemned, and with that of temporary special disqualification. Awr. 370. The individual who, being in charge of the conveyance or custody of a prisoner or person under arrest, shall commit any of the crimes mentioned in the preceding article, shall be punished with the penalties next lower in degree than those prescribed for public officials. CHAPTER 111. FAITHLESSNESS IN TIlE CUSTODY OF DOCUMENTS. ART. 371. The public official who shall steal, destroy, or hide documents or papers entrusted to hin ly virtue of his office, shall be punished:

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80 1. With the penalties of prision mayor and a fine of from 625 to 6,250 pesetas, provided that a grave injury to a third person or the public interests has resulted from his action. 2. With prisi n rnrrce/natl in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas, if the injury to the third person or to the public interests were not grave. In either case there shall furthermore be imposed the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification. ART. 372. The public official who, having charge of the custody of papers or effects sealed by the authorities, should break the seals, or consent that they be broken, shall be punished with the penalties of prision correccional in its minimum and medium degrees, temporary special disqualification in its maximum degree to perpetual special disqualification, and a tine of from 625 to 6,250 pesetas. ART. 373. The public official who, not being included in the foregoing article, should open, or consent to the opening, without proper authorization, of closed papers or docllents whose custody may have been entrusted to him, shall incur the penalties of arr,,to maiyor, temporary special disqualification, and a fine of from 325 to 3.250 pesetas. The penalties prescribed in the three preceding articles are also applicable to ecclesiastics and to individuals entrusted temporarily with the transmission or custody of documents or papers, by comnuission of the government or of officials to whom they may have been entrusted by virtue of their office. CHAPTER IV. VIOLATION OF SECRETS. ART. 374. A public official who shall reveal the secrets of which he may have knowledge by virtue of his office, or who shall wrongfully deliver papers or copies of papers which he may have in his charge and that should not be made public, shall incur the penalties of suspension in its minimum and medium degrees and a fine of 325 to 3.,250 pesetas. If serious injurv to the public interest should be caused by the revelation or the delivery of the papers, the penalties shall be temporary special disqualification in its maximum degree to perpetual special disqualification and p'ris/ul c'r'c' o/ in its medium and maximum degrees. ART. 375. A public official who, by virtue of his office, knows the secrets of an individual and reveals them, shall incur the penalties of suspension, a';'r'at mayor, and a fine of from 325 to 3,250 pesetas.

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81 CHAPTER V. DISOBEDIENCE AND REFUSAL OF COOPERATION. ART. 376. The judicial or administrative officials who shall openly refuse to duly fulfill the sentences, decisions, or orders of a superior authority, issued within the limits of its respective competency, and vested with the legal formalities, shall incur the penalties of temporary special disqualification and a fine of from 375 to 3,750 pesetas. Notwithstanding the provisions of the preceding paragraph. public officials shall not incur criminal liability for not enforcing an administrative order constituting a manifest, clear, and definite violation of a constitutional precept. Neither shall public officials exercising authority incur criminal liability who do not enforce an order of the same character wherein any other law is manifestly, clearly, and definitely violated. ART. 377. The official who may, for any reason whatsoever (not, however, one of those specified in the second paragraph of the preceding article), should have suspended the execution of the orders of his superiors, and should disobey after the former may have disapproved such suspension, shall suffer the penalty of perpetual special disqualification and prision. correccional in its minimum and medium degrees. ART. 378. The public official who, upon the request of the coumpetent authority, does not furnish him the proper cooperation in the administration of justice or other public service, shall incur the penalty of suspension in its minimum and medium degrees, and a fine of from 325 to 3,250 pesetas. If grave injury to the public interest or to a third person should result from such omission, the penalties shall he those of perpetual special disqualification and a fine of from 375 to 3,75n pesetas. ART. 379. He who shall refuse or decline to occupy an elective public office without presenting a legal excuse to the proper authority, or after the excuse shall have been rejected, shall incur a fine of from 375 to 3,750 pesetas. The same penalty shall he incurred by any juror who shall wilfully fail to perform his duties without an accepted excuse; and the expert and the witness who likewise deliberately fail to appear before a court to give their testimony when they have been duly cited to do o. CHAPrTER VI. ANTICIPATION, PROLONGATION, AND ABANDONMENT OF PUBLIC DUTIES. ART. 380. He who shall enter upon the performance of a public employment or office without having taken the oath in due form or 1571-6

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82 given the bond required by law, shall be suspended from said employment or office until he complies with the respective formalities, and shall incur a fine of from 325 to 3,250 pesetas. ART. 381. The public official who shall continue in the exercise of his employment, office, or commission after he must cease therein in accordance with the laws or regulations or special provisions relating thereto, shall he punished with the penalties of temporary special disqualification in its minimimn degree and a fine of from 325 to 3,250 pesetas. ART. 382. The public oticial guilty of any of the offenses punished in the two preceding articles who should have received any fees or emoluments by reason of his office or commission before he was qualified to exercise them or after he should have discontinued therein shall he furthermore condemned to restore such sums, with a fine of from to to 5) per cent of their aimuint. ART. 383. The public official who shall abandon his employment without his resignation having been accepted, to the injury of the public interests, shall be punished with the penalty of suspension in its medium and maximun degrees. If the abandonment of such employmient were made in order not to hinder, prosecute, or punish any of the crimes included in titles 1 and 2 of Book 11 of this code, there shall be imposed upon the culprit the penalty of jisi(n colecoina/ in its minimumi to its medium degree, and that of rr/ 'i,,o mayor if his purpose were not to prevent, prosecute, or punish any other kind of crime. CHAPTER IlI. USURPATION OF PREROGATIVES AND ILLOAL APPoINTMENTs TO OFFICE. ART. ;84. The public official who shall infringe upon the prerogmtires of the legislative power, either by prescribing reglations or general provisions in excess of his powers or h' annulling or suspending the execution of a law, shall incur the penalty of temporary special disqualitication and a tine of froni :,5 to 8,750 pesetas. Air. 385. The judge who shall arrogate to himself prerogatives belonging to the administrative authorities, or shall prevent the latter from lawfullyexercising their own, ,hall be punished with the penalty of suspension. The same penalty shall be incurred Iy every. olicial of the admninistrative branch of the Government who shall arrogate to himself judicial prerogatives or prevent the execution of an interlocutory decree or decision rendered by a competent judge. Ai. 38s. The public otlicial who, being I egally' warned by writ of iuihiition, should continue to act before the question of jurisdiction

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83 has been decided, shall be punished with a fine of from 325 to 3,250 pesetas. ART. 387. The administrative or military official who shall give orders or intimations to a judicial authority relating to causes or questions in controversy whose cmgnizance or decision is of the exclusive competency of courts of justice, shall incur the penalties of suspension in its minimum and medium degrees and a fine of from 625 to 6.250 pesetas. ART. 388. The ecclesiastic who, when requested by the competent court, shall refuse to forward to the same the tiles requested for the decision of an appeal made to the civil jurisdiction fronm a decision rendered by an ecclesiastical court, shall he punished with the penalty of temporary special disqijalhication. A second offense shall be punished with that of perpetual special disqualification. ART. 389. The public official who knowingly shall recommend or nominate for public otfice a person who does not have the legal qualifications, shall be punished with the penalty of suspension and a fine of from 325 to 3,250 pesetas. CHAPTER VIII. ABUSES AOAINST CHASTITY. ART. 390. The public official who shall solicit a woman who has applications before hime awaiting his decision, or on which he has to make a report or consult his superior, shall be punished with the penalty of temlporary special disqualitication. ART. 391. The warden of the prison wxho shall solicit a woman in his custody shall be punished with the penalty of lgrin rrrJIrnl in its medium and maxiinu degrees. If the person solicited were the wife, daughter, sister, or a relation by affinity within the stie degrees of a person w hom he had under his charge, the penalty shall be pee on i'cr,''/'na/ in its minitun to its medium degree. In every case he shall in addition incur the penaltv of teiporary special disqualitication in its maxituo degree to perpetual special disqualification. CHAPTER IX. BRIBERY. ART. 392. The public o icia l who hall receive, directly or through an intermediary, a gift or present, or who shall aept otters .promises for his committing, in the discharge of his Otice. an act cousti-

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84 tuting a crime, shall be punished with the penalties of >r'xi.n 'orrnct owi/ in its minimum to its medium degree and a tine of from an amount equal up to one three times the value of the gift, without prejudice to the imposition of the penalty pertaining to the crime committed in consideration of the gift or promise, should it have been executed. AR. 393. The public official who shall receive, directly or through an intermediary, any gift or present, or who shall accept any offer or promise for the execution of an unjust act relating to the discharge of his office, not constituting a crime, and who shall execute it, shall incur the penalty of peisd1;, PNCc ctle/ in its minimum and medium tiegrees and a fine of an amount equal up to one three times the value of the gift. If the unjust act was not actually executed, the penalties of ?to mayOr, iln its nmaxinuml degree to r'.sidio correccional in its mininiui degree shall het imposed and a tine of an amount equal up to ton double the value of the gift. ART. 394. When the purpose of the gift received or promised were that the public official should abstain from performing an act which he should perform in the exercise of the duties of his office, the penalties shall 1e these of errts/o opt, in its medium to its maximum degree and a tine of iii an ount equal up to one three times the alue thereof. ART. 8.. The provisions of the three preceding articles shall he applicable to jurors, arbiters, arbitrators, experts, Mediators (hombres Buenos). or an persons whatsoever tilling a public office. Atin. 306. The persons criminally liable for the crimes mentioned in the foregoin articles shall incur, in addition to the penalties prescribed therein, that of temporary special disqualifiiation. ART. 39;. The public otlicial who shall accept presents given him in consideration of his otlicial position shall he punished with suspension in its mininnun and medium degrees and public censure. A i,,. 3a8.' 'those wiho shall corrupt public officials with gifts, presents, otiers, or promises, shall 1e punished (with the same penalties as those imposed on the oticers suborned, excepting that of disqualification. Aur. 8Ae. If the bribe should he offered in a criminal cause in favor of the criminal, by his spouse or of any ascendant, descendant, brother, or relation by aniinity within the same degrees there shall only he imposed upon the culprit a tine equivalent to the value of the gift or S e sentbise. Ain'. 40(l." In every case the gifts or presents shall he confiscated. Se, trder Nt. 112, IltHadjuarters Division of Cuba, July 20, 1899, page 135. 'S (trder No. 112, Headquarters Division of Cuba July 20, 1399, page 135.

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85 CHAPTER X. MISAPPROPRIATION OF PUBLIC FUNDS. ART. 401. The public official who, by reason of his duties, has in his charge public funds or property, and who should take or consent that others should take the same shall be punished: 1. With the penalty of ar w ayor in its maximum degree to preidiu forrwec/onl in its minimum degree if the amount taken should not exceed 125 pesetas. 2. With that of prdhdi /p( rr a in its medium and maximm degrees if it should have exceeded 125 and did not exceed 6,250 pesetas. 3. With that of preusdio w ayor if it exceeded %,25u and did not exceed 125,000 pesetas. 4. With that of cadent tlfporal if it exceeded 125,000 pesetas. In any case with that of temporary special disqualification in its maximum degree to perpetual albsolute disqualification. ART. 402. The public tlicial who, through inexcusahle abandonment or negligence, should enable the peculation of punlic funds or property, referred to in Nos. 2. 3 and 4 of the foregoing article, by another person, shall incur the penalty of a fine equivalent to the value of the money or property misappropriated. ART. 403. The official who. to the detriment or hindrance of the public service, shall apply to his own or to forei_'n purposes the money or property placed under his charge, shall be punished with the penalties of temporary special disqualitication and a fine of frot to 50 per cent of the amount diverted. If restitution he not made the penalties prescribed ili article 401 shall be imposed on him. If such unlawful use of the funds were without detriment to or hindrance of the phlic service, he shall incur the penalties of suspension and a fine of from ;, to 25 per cent of the :amount diverted. ART. 404. The public oticial who shall give to the funds or property that he administers a public application ditferent from that to which they were destined, shall incur the penalties of temporary disqualtication and a tine of from to Jt5 per cent of the amount diverted, if detriment to or hindrance of the public service to which they were assigned should result therefrom, an otwlitwise, that of Suspension. ART. 405. The puhlic oticial who. as a holder of tate funds, should be obliged to make a paytn tt and should not do so, shall be punished with the penalties of susprnsion and a tine of frotm 5 to 2.) per cent of the amount unpaid. This provision is applicable to the puhlic oticial who, when required

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86 by order of the competent authority , should refuse to deliver anything placed under his custody or administration. The fine shall in such case be gnluated according to the value of the thing and shall not be less than 325 pesetas. Aur. 4W. The pro visions of this chapter are applicable to those who for any reason whatsoever have charge of funds, income, rents w properties, provincial or municipal, or belonging to an educational or charitahle institution, and to the administrators or depositaries of funds attached, sequestrated or deposited by a public authority, even thoug'h they1 belong to individuals. CHAPTER 1I. FRAUDS AND ILLEGAL EXACTIONS. Ar. 407. The public official who, while taking part, by reason of his office, in aliy commission of supply, contracts, settlements or liquidations of public effects or funds, shall act therein in concert with the persons interested or speculators, or eiiplov any other artifice to defraud the State, shall incur the penalties of pres()d/o (0orrecciolwl in its iedium and maxiiumi derees, and temporary special disqualification in its maxinhii d)h'irc to perpetual special disqualitication. A ir. 408. The punic otlicial who shall hecoile personally interested, directly or indirectly, in any kind of contract or transaction whatsoever ili which he has to take part by rea Son of his otfice. shall be punished with i the penalties of temporaly special disqualitication and a fine of fronm 1i to u5 per cent of the value of the interest which he may have had in the transaction. This provision is applicable to experts referees, and private accountants, with regard to the property or thiings in the appraisal, partition, or award of which they iay have taken pa rt: and to guardians of persons and property, and to executors with regard to those of their wards or testaimentaiy beneticimries. Air. 409. The puhlic oticial who shall directly or indirectly exact higher fees than those to which he is entitled by reason of his office, shall he punished with a title of from double to four times the amount exacted. A person halitually guilty of this offense shall, in addition, incur the penalty of temporary special disqualitication. ART. 410. Th public official who, taking advantage of his office, shall )oiniiit any of the crimes specified in Chapter IV, Section II, Title XIII, of this hook, shall incur ili addition to the penalties prescrihed therein that of temporary special disqualitication in its maxiiiiumli degree to perpetual special disqualiticatioti. J

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87 CIIAPTER XI. TRANSACTIONS FORBIDDEN PUBLIC EMPLOYEES. ART. 411. The judges, officials of the department of public prosecution (ministerio fiscal), the military, administrative or financial heads of a province or district, with the exception of nayors, who, during the discharge of their office, shall directly or indirectly take part in exchange, trade, or gain transactions within the limits of their jurisdiction or command, with regard to objects not the product of their own property, shall he punished with the penalties of suspension and a fine of front 625 to 6.250 pesetas. This provision is not applicable to those who shall invest their funds in the stock of a hank or any enterprise or company, provided they do not hold therein any office or exercise any direct intervention, either administrative or financial. CHAPTER XIII. GENERAL PROVISION. ART. 412. For the purposes of this and of the Ireceding Titles of this book, every person shall be considered a public official who, by the immediate provisions of the law and by popular election or appointment by competent au thority, taakes part in the exercise of public functions. TITLE V111. CRIMES AGAINST PERSONS. CliAPTER I. PARRICIDE ART. 413. He who shall kill his father. mother, or son. whether legitimate or illeitilate, or ayll other of his ascendants or descendants, or his sponse. ;hall be punished as a parricide.N with the plnalty of cap jto to death. C'll:lrl:R II. ASSASSINATION. ART. 414. Ie who, without being included in the preceding article. shall kill any person, is guilty of assassinatio if the deed is attended by any of the followinw circumstances: (1) With treachury; (2) for

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28 price or promise of reward; (3) by means of flood, fire, or poison; (4) with deliberate premeditation; (5) with vindictiveness, by deliberately and inhumanly increasing the suffering of the person attacked. A person guilty of assassination shall be punished with the penalty of crlena t poral in its maximum degree to death. ART. 415. The slave who shall kill his master or his master's spouse, or any of the ascendants or descendants of the same living in his household, with the attendance of any of the circumstances specified in the preceding article, shall be punished with the penalty of cadena prt /fs to to death. The same penalty shall be imposed on the freedman who shall kill his patron, if any of the aforesaid circumstances are attendant CHAPTER III. HOMICIDE. ART. 4163. He is giilty of homicide who, not being covered by the provisions of article 413. shall kill another without the accompaniment of any of the attendant circumstances specified in article 414. A person guilty of homicide shall be punished with reclusin teiol. ART. 417. .A slave who, without the attendance of the circumstances specified in article 414, shall kill his master or master's spouse, or any of the ascendants or descendants of the smne living in his household, or the person charged by his master with his supervision, custody, or direction, shall be punished with the penalty of reclushtn temipoitl in its medium degree to i'r clshn% ),jrtruf. The homicide committed by a freedman upon the person of his patron shall ie punished with the same penalty. ART. 418. When several persons are struggling and lighting together confusedly and tuniultuously. a death resulting therefrom, the author of which can not be ascertained but those who inflicted serious wounds are found, the latter shall be punished with the penalty of prisidn no (w. Should it not le proven who inflicted such serious wounds upon the person assaulted, there shall be imposed upon everybody who used violence against his person, that of prisin cowrcebinal in its medium and na xiuuin dtgrees. ART. 419. 1e who elves his assistance to another to commit suicide shall he punished with the penalty of }ris/on tayow; if his assistance should extend to the point of himself taking such person's life, he shall be punished with the penalty of n ursum/n tcemoporal.

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89 CHAPTER IV. PROVISIONS COMMON TO THE THREE PRECEDING CHAPTERS. ART. 420. The courts, taking into consideration the circumstances of the deed, may punish the frustrated crimes of parricide, assassination. and homicide with a penalty lower by one degree than that which ought to be applied according to article 64. They may also reduce by one degree, according to the circumstances of the deed, the penalty applicable to an attempt, according to article 65. ART. 421. The act of discharging a firearm at any person shall be punished with the penalty of jrsil co jrreceioel in its minimum and medium degrees, if all the circumstances of the deed necessary to constitute a frustrated crime or attempt at parricide, assassination, homicide, or any other crime for which a higher penalty is prescribed by any of the articles of this code should not he attendant. CHAPTER V. INFANTICIDE. ART. 422. The mother who, for the purpose of hiding her shame, shall kill her child before it has reached the age of three days, shall be punished with the penalty of prision correccional in its medium and maximum degrees. The father or mother of a woman who, in order to hide their daughter's shame, commit this crime, shall be punished with the penalty of prisin, mam/. With the exception of these cases, he who kills a newly born infant shall incur, according to the cases, the penalties prescribed for parricide or assassination. CHAPTER VI. ABORTION. ART. 423. He who shall intentionally cause an abortion shall be punished: 1. With the penalty of rl'co&Sn temporal, if violence should have been used against the person of the pregnant woman. 2. With that of priosi(n mayor if, even though violence should not have been used, he acted without the consent of the woman. 3. With that of prisien crreceional in its medinm and maximum degrees, if the woman should consent thereto. ART. 424. He who shall occasion a miscarriage by his violence, without the intention of causing it. shall be punished with priidn correccional. itn its ninilnoln ml bedium deigrees.

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90 Amt. 4215. The wo an who shall cause hrw l s of is sr consent to another ptrson doing it, shall e pnishwd w ith 42ri3 corrri/n / in it. mevdimni and matximum degrees. If she should do o to hide hwr sha(n, she shall incur the penalty of pris;/In "irreciioiw/ in its finimum and Medium degrees. Awl. 42G. A phy sician who, 11Y wrongfutl use of his skill, shall cause the abortion, or cooperate therein, shall respectively incur in their hi,,heAt degrec.A th, penwdtic, proscribed in article 423. The pharnawist who, without the propor doctor's prescription, shall sell it medicine for prodhwing an abortion, shall incur the penalties of ,urresto army,,/-aid a fine of from :;25 to : ,'.-d pesetits. I 'lIknlK N' II. 1ER.sINAt INxlUt'1 IN('rTliEf12 nY V itl/ENit:E (LEsIoNEs). A jr. 427. IIe whn shall purposely castrate aiother shall he punished with the penalty of ree/,I-/vn /, rnp/>ra/ to irln/..iun pcirpetwi. AwR. 428. Any other mutilition of the ls'rson likewise purposely 'omlitted .hall be punished with the penalty' of re-sshien t' nprei. Awe. 429. He thi shll wound, bruise, or Maltreat another shall le pu 'ithed iti nailt y i of 1ini'g s erious pif.Isical injuries: 1. With the penultyv of p//n nyor if, us the result of the injuries, the parson a.Aaultod hbecmne au imbecile, impotent, or blind. 2. With that of prua orrroa n imediMn and maxsimum degrees if, as a result of such injurics, the person ak-aulted should have lost all ey e or any' principal mwimber, or should have been hindermd in the use thcreof, ur heomne useless for the occupation in which, up to that timo, ho haid been habitually engaged. 3.With the penaltyN of pr ,o 0.rrerd/ nn/ in its mtininnmm and me~dium degrees if, :as the result of such injuries, the person assaulted should have been deformed, or had tint a member not ia principal one, or should have hadt it Icuderod useless. or should hay, beeu, for at period of muoro than ninety days, ill. or di'ablcd for his usual occupation. 4. With that of .rrd.. n,.yer io it, maxinnun decree to fir/s/do, cro/n/in its Hmanuns d IrIif such ilnjurio. should have occa.,ioncd the assatlted party :ti illncs, or disability for work lasting More than thirty days. If the act should he connnitted against any of the persons specified in article 41,, or with any of the attendant eircumlstanxes specified in article 414, the penalties shall he those If roce/z i/il ten,por",/ in its mcditum :1n1 maxsinuu degree., in the cane of No. 1 of this article, und that of prsa ore/n/in its maxinuuu degree to prisionr nyriln its miniumin degree in the case of No. 2: that of r/d ~rrerriuna/ in it, ulciM d unl nctsiluwu dl "_rees in the case of No. 8:

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l11 and that of przi/'nhrn ITI ./ in itsunimumu ant II-dion) dP.(reel in tihl case of No. 4 of the u~nw. The injuries whIich it falther may caulk hi, child in too ,ecere a correction are not inolud-I in hill' pleedin, panaglaph). Neither are those wchich, by' NNay of correetion., masiters. or the persons under Whle chr thly hack JpLL(" (Ihleir oe,, rnay caume theim, prop idled that waild orr, tion du .t excleld till limit of punishment autthorizled hy 11 ulit Iun ART. 49E. If the mastwi .honld inlliet .r cm-b to hl, iutliirtd uipon it slace th, injuril,, includled in No,. I :and _ of thll, ncredin, artirlo. the civil liability wchich he ,hall inctur-a, wItning to articlc I,Ball be extendoed to the obligatory mtanmmi-i.,n Ili th1c injurd prk. a to the obligation to su~ppwrt hiin dlurin, Ihi, life. If the injmrie, wchich tihl ruastcr 'hould (tih, intlict or cask to he inflicted should he of thosl, inchole SNo 12 It 4 of till prc din article, the civil liabilily shall he cxtcndcd to thll foned :liemation of the slaie to a person to whom til :mthor of the (rim'e i. not hound hV ant tie of relationship within the fou-th limll mnutihite hiiniself <>r,ive hii, mIottmit to hi, mutilation. for tihl pmrpo,, of securing h)i, oxlemtion from mnlitary service, and ,hall hack, been dleclarecd lexlmpt from such ,erg ice ()I

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i 92 account of said mutilation, shall incur the penalty of presidio correcoim wl in its medium and maximum degrees. ART. 436. He who should disable another, with his consent, for the purpose mentioned in the preceding article, shall incur the penalty of p5/ S7 i,, crrec1n0 din its minimum and medium degrees. If he should have clone the deed for remuneration, the penalty shall he that next higher in degree than that prescribed in the foregoing paragraph. If the person guilty of this crime were the father, mother, spouse, brother, or brother-in-law of the person mutilated, the penalty shall be that of aewto uuwo in its medium degree to prisio carreccional in its minimum degree. CiAP'TEmR VIII. GENERAL PROVISIONS. ART. 437. The husband who should surprise his wife in adultery and shall kill her or her pa'aour in the aet, or shall inflict upon then any kind of grave physical injury, shall he punished with the penalty of banishment. If he should inflict upon them injuries of any other kind he shall be exempt from punishment. These rules are applicahle under similar circumstaces to fathers with regard to their daughters under 2: years of age and their seducers while the former are living iuder the paternal roof. The henetit of this article shall not he extended to those who mar have instigated 01' facilitated t he prostitution of their wives or dauohters. (.iiAPTER IX. DUELLING.' ART. 438. The authority who shall receive information that a duel is being arranuged shall proceed to the detention of the challenger and that of the ihallenged party, if he shall have accepted the challenge, and shall not set them at liberty until they give their words of honor to desist from their purpose. Ilie who shall break his word, challenging his adversary anew, shall be punished with the penalties of temporary absolute disqualitication froi pulic othiie and en'ni iin to. iHe who shall acept the challeng under similar circunmstances shall le punished with that of hanisluient. ART. 4,9. 1le who shall kill his adversary in a duel shall be punished with the penaliy of ,/i-, iiel ISe General iral-r N. 129. I lia'ljiartirs it'part'nt of Prt Rico, August 24, 1 s:1, page ii5.

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93 If he inflicts upon him the injuries described in numher 1. of article 429, with that of pr iscbo '-rr-,w nal in its medium and maxiinut degrees. In any other case whatsoever the penalty of ar.eto oiwyr shall he imposed upon the combatants, even though no injury should result. ART. 440. In place of the penalties prescribed in the preceding article there shall he imposed, in case of homicide, that of co,/namnt"; thatof banishment in case of the physical injuries included in number 1, of article 429, and that of a file of from 325 to 3,250 pesetas in all other cases: 1. Upon the challenged person who should fight because he had not obtained from his adversary an explanation of the reasons for the duel. 2. Upon the challenged person who should tight because of his adversary having refused to accept adequate explanations or proper satisfaction for the offense given. 3. Upon a person insulted who should fight because he had not been able to obtain front the offender an adequate explanation or proper satisfaction demanded. ART. 441. The penalties prescribed in article 43:a shall be imposed in their maximum derees: 1. Upon the person who shall challenge another to a duel without explaining to his adversar-. if he should demand them, the reasons therefor. 2. Upon the person who, having issued a challenge, although he should do so with cause, should reject the adequate explanations or proper satisfaction that his adversarv may have offered him. 3. Upon the person who, havingdone his adversar anyinjury whatsoever, shall refuse to give him sufficient explanations or proper satisfaction. ART. 442. He who shall incite another to send or accept a challenge to a duel shall be punished respectiely with the penalties prescribed in article 439, if the duel should take place ART. 443. He who shall revile or publicly discredit another for having refused a challenge shall incur the penalties prescribed for grave outrage. ART. 444. The seconds of a duel from which death or physical injuries result shall he respectively punished as principals with premeditation in such offenses, should they have incited the duel or tmployed auy manner of treachery in its conduct or in the arrangement of its conditions. They shall te considered as accomplices in the same crimes if they should have planned it to the death, or with known advantage on the part of one of the combatants. They shall incur the penalties of arr-eh r"i and a tine of fron 625 to 6,250 pesetas if they should not have done all in their power to 1

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94 reconcile the disputants, or should not have agreed to arrange the conditions of the duel in the manner the least dangerous possible to the life of the combatants. A RT. 445. A duel which takes place without the attendance of two or more seconds of legal age for each of the combatants, and without their having selected the arms and arranged all the other conditions thereof, shall be punished: 1. With prision correcconlal, if neither death nor wounds result therefrom. 2. With the general penalties of this code, if they should result, never falling below that of prieian cornccionuo/. ART. 446. There shall likewise be imposed the general penalties of this code, and in addition that of temporary absolute disqualification: 1. Upon the person who shall provoke or give rise to a challenge with pecuniary interest or immoral purpose in view. 2. Upon the combatant who is guilty of treachery in disregarding the conditions ag reed upon by the seconds. TITLE IX. CRIMES AGAINST CHASTITY. CHAPTER 1. ADULTERY. ART. 447. Adultery shall be punished with the penalty of pr//hn cOrreliowl in its iiediui and maxinunm degrees. Adultery is con itted by the married woman who lies with a man not her husband and by him who lies with her kinowing that she is married, although the marriage he afterwards declared void. ART. 448. Adultery committed by i a slave with the wife of his iaster or a freedman with that of his patron, shall be punished with the penalty of pri)i Imnw/u. ART. 449. No penalty shall he imposed for the crime of adultery except upon the complaint of the aggrieved husband. The latter caln enter a complaint against both guilty parties if alive, and never if he had consented to the adultery or pardoned either of the culprits. ART. 450. The husband may at any time obtain the remission of the punishment imposed upon his wife. In such case the adulterer's penalty shall also be considered as remitted. ART. 4i1. The final judmnent rendered in a suit for divorce on the ground of adultery shall have full effect as to penal consequences if it absolves the respondents. If the judgment is condeiniatorv of the respondents, however, a

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15 new proceeding shall be necessary in order to impose penalties upon them. ART. 452. The husband who shall keep a concubine in his home, or out of it with scandal, shall he punished with the penalty of )rpiorn corrvece 0ona in its mininun and mediumn degrees. The concubine shall be punished with hanishment. The provisions of articles 449 and 450 are applicable to the case referred to in this article. CIAPTER II. RAPE (VI )LACi6N) AND WRONGFUL ABUSE OF CHAsTITY. ART. 453. The rape of a woman shall be punished with the penalty of ee/usi~n t, -opoil. Rape is committed by lying with a wolan in any of the following cases: 1. If force or intimidation shall be used. 2. If the woman is from any cause deprived of reason or unconscious. 3. If she is under 12 years of age, though none of the circumstances mentioned in the two foregoing inubers he attendant. ART. 454. The slave who shall violate a woman under whose servitude he may be, or the wife, daughter, or granddaughter of his Master. or a woman of the family of any of them. within the fourth degree of relationship and living in their household, shall be punished with the penalty of r clusicn t np)ore/ in its medium degree to recuson perp/i/i. ART. 455. Whosoever shall offend lewdly the person of one of either sex with the attendance of any of the circumstances mentioned in article 453, shall be punished, according to the gravity of the case, with the penalty of pris 5 iorrecc/on in its meclinu and imaximonu degrees. If the lewd abuse referred to in the forigoing paragraph be committed hlv the slave rainst aniy imembir of his master's fainily within the fourthI degri i of iilaitiiinshiip, the penalty shall lie that of j,~r/S/in pcorr "eC i i in its liaxinu i deg ree to p is"'e iul r m its n ininuM and medium deirees. CHAPTER Ill. ni:'IiEs 0F' PUBLIC SCANIDAL. ART. 456. Ile Who, 1ein' united by ai indissoluble religious marriage, should abandon his spouse and contret another marriage according to the civil law with another person, or vice versa, even though the new religious marriage he should contract were not indis-

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96 soluble, shall incur the penalty of arresto mayor in its maximum degree to parsein rrrrrr reinal in its minimum degree and public censure. ART. 457. Those who in any way should offend modesty or good morals hy acts of rrevious scandal or enormity, not expressly included in other articles of this code, shall incur the penalties of arreste mar'Al and public censure. ART. 458. Those who shall preach or proclaim, with publicity and scandal, doctrines contrary to public morals, shall incur the penalty of a fine of from 325 to 3,250 pesetas. CHAPTER IV. SEDUCTION AND CORRUPTION OF MINORS. ART. 459. The seduction of a virgin over 12 and under 23 years of age, conmitted by a public authority, priest, servant, domestic, guardian, or teacher in charge of her education or guardianship, under any name whatsoever, shall he punished with the penalty of prfsin crrreccional in its minimum and medium degrees. Whosoever shall commit incest with his sister or a descendant of his, even though she were older than 23 years of age, shall incur the same penalty. Seduction, when committed with fraud by any other person on a woman over 12 years of age but under 23, shall be punished with the penalty of arreto maolr. Any other unchaste abuse committed by the same persons and under similar circumstances shall he punished with the same penalty. ART. 460. If the seduction were comnnitted by a slave on the person of his mistress, the daughter or granddaughter of his master, or a woman of the family of any one of them related within the fourth degree of relationship and living in their household, the penalty shall be that of pr'rXrin rrurrorr('n al in its maximum degree to pr/ian mayor in its minimun and medium degrees. ART. 461. An unchaste abuse committed by a slave, through the employment of fraud, upon a person over 12 years of age but under 23, belonging to the family of his master within the fourth degree of relationship, shall he punished with the penalty of pr/n crr'rreceii/al in its minimun and medium degrees. AiT. 462. Whosoever shall habitually, or taking advantage of his authority or inother's trust, promote or facilitate the prostitution or corruption of minors to satisfy the lusts of another, shall be punished with the penalty of pr/r0Wn rrrrecional in its minimum and medium degrees; and temporary absolute disqualification if he were an authority.

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97 CHAPTER V. ABDUCTION (RAPTO). ART. 463. The abduction of a woman. executed against her will and with unchaste designs, shall be punished with the penalty of reld.xion temfporal. The same penalty shall be imposed in all cases if the person abducted were under 12 years of age. ART. 464. If the crime foreseen in the preceding article should be committed by a slave against the person of his mistress, or the wife, daughter, or granddaughter of his miaster, or a woman belonging to the family of any of them, within the fourth degree of relationship, and living in their household, lie shall he punished with the penalty of reclusioo temlporal in its inedimni degree to c leuson perpetua. ART. 465. The abduction of a virvin under 23 years of age and over 12, executed with her assent, shall be punished with the penalty of pris UN cvrrece;whol iii its miinun and Imedodiil degrees. The same crime conmitted by a slave against any of the persons mentioned in the preceding article shall be punished with the penalty of plri.n eorreccional in its maximum degree to prision ?ayor in its minimum degree. ART. 466. Those guilty of the crime of abduction who shall not give the whereabouts of the person abducted, or satisfactory explanation of her death or disappearance, shall be punished with the penalty of cadenu heretua. CHAPTER VI. PROVISIONS COMMON TO THE PRECEDING CHAPTERS. ART. 467. Criminal proceedin(ss for seduction can only be instituted on the complaint of the offended person, or her parents, grandparents. or guardian. In order to proceed in cases of rape and in those of abduction committed with unchaste design, the denunciation of the interested party, of her parents, grandparents. or guardians. shall suffice, even though they do not present a formal petition to the judge. If the person injured should, by reason of her age or mental condition, lack the requisite personality to appear in court, and should, besides, be wholly unprotected, not having parents, grandparents, brothers, or guardian of person or property to denounce the crime. the procurador sidie or the public prosecutor may do so, acting on the strength of public rumor. In all the cases of this article the expreo wr implied pardon of the 1571 7

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98 offended party shall extinguish penal action or the penalty if it should have been alieady imposed on the culprit. The pardon shall never be presumed, except by the marriage of the offended party with the offender. ART. 468. Those guilty of rape, seduction, or abduction shall be condemned also, by way of indemnification1. To endow the injured wonan, if she were unmarried or a widow. 2. T) emancipate her if she were under his servitude. 3. To acknowledge the offspring if the character of its origin should not prevent it. 4. In all cases to support the offspring. ART. 469. The ascendants, guardians of persons or property, masters, patrons, teachers, and any other persons whatsoever, who, taking advantaogc of their authority or trust, cooperate as accomplices in the perpetration of the crimes included in the four preceding chapters, shall be punished as principals therein. Teachers, or those charged in any manner whatsoever with the education or management of the young, shall, furthermore, be condemned to the penalty of temporary special disqualification in its maximum degree to perpetual special disqualitication. ART. 470. Those included in the preceding article, and any others whatsoever, guilty of the corruption of minors in the interest of a third person, shall be punished with the penalties of interdiction in the right to exercise guardianship and to be members of the family council. TITLE X. CRIMES AGAINST HONOR. CHAPTER 1. CALUMNY. ART. 471. Calumny is the false imputation of a crime of those subject to prosecution at the instance of the Government (de opcio). ART. 472. Calumny put into writing and made public shall be punished with the penalties of jisoon COrreccional ili its minimum and medium degrees and a fiiie of from 1,250 to 12,500 pesetas if a grave crime be chared, and with those of aresto mayor and a fine of from 625 to 6,250 pesetas if the crime charged be less grave. Aici. 473. When the calumny is not made public and put into writing it shall be puished1. With the penalty of arresto mayor in its maximum degree and a fine of from 625 to 6,250 pesetas, if a grave crime le charged. iSee (h-ur N. 150, Headquarters Division of Cuba, April 10, 1900, page 139. J

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99 2. With that of errett+ mawyor in its miinimumi degree and a fine of from 325 to 3,250 pesetas, if a less grave crime be charged. ART. 474. A person accused of calumny shall be exempt from all punishment if he shall prove the criminal act charged. The sentence establishing the calumny shall be published in the official periodicals if the calumniated person should request it. CHAPTER II. CONTUMELY. ART. 475. Contumely includes every expression pronounced or action executed with a view to dishonoring or holding up to contempt another person. ART. 476. The following are grave acts of contumely: 1. The imputation of a crime of those subject to prosecution at the instance of the Government (de olic/o). 2. That of a vice or a lack of morality the consequences of which might considerably damage the fame, credit, or interest of the person offended. 3. Acts of contumely which by their nature, occasion, or circumstance are ignominious in public opinion. 4. Those which reasonably deserve the classification of grave acts in view of the condition, dignity, and personal circmnstances of the offended party and the offender. ART. 477. Grave acts of contumely put into writing and made publie shall be punished with the penalties of banishment in its medium to its nmaximum detgrce and a fine of fronn 625 to 6,250 pesetas. If said circumstances should not be attendant they shall be punished with the penalties of banishment in its minimum to its medium degree and a fine of from 325 to 3,250 pesetas. ART. 478. Slight acts of cont -nely shall be punished with the penalties of orresto mytyor in its minuiuml degree and a fine of from 325 to 3,250 pesetas, if they are in writing and should be made public. If these circumstances are not attendant they shall be punished as misdemeanors. ART. 479. A person charged with acts of contumely shall not be allowed to furnish evidencc tending to prove the truth of his imnputations, unless they shall hae been directed at public officers about matters concerning the performance of their duties. In such case the defendant shall be acquitted if he prove the truth of his imputations.

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100 CHAPTER III. GENERAL PROVISIONS. ART. 480. The crime of calumny or contumely may be committed not only openly, but by means of allegories, caricatures, emblems, or allusions. ART. 481. Calumny and contumely shall be considered as having been committed in writing and made public when they are circulated through the medium of printed, lithographed, or engraved papers, by placards or lampoons posted in public places, or by manuscript communicated to more than ten persons. ART. 482. Any person accused of the crime of calumny or contumely, covert or equivocal, who shall refuse to furnish the court with a satisfactory explanation thereof, shall be punished as guilty of open calumny or contunely. ART. 483. The editors or printers of newspapers in which the calumnies or contumelies may have been published, shall insert therein, within the period fixed by law, or, in the absence thereof, by the court, the apology or the condemnatory sentence, if the offended party should so require. ART. 484. An action for calumny or contumely may be brought by the ascendants, descendants, spouses, and brothers of the deceased offended party, provided the calumny or contumely reflects on them, and in any case by the heir. ART. 485. The action for calumny or contumely shall also be proper when they should have been committed by means of publications in a foreign country. ART. 486.' No one can institute an action for calumny or contumely committed in judicial proceedings without the previous permission of the judge or tribunal having cognizance thereof. No one shall be punished for calunmy or contumely unless on complaint of the offended party, except when the offense is directedagainst the public authority, corporations, or determined classes in the State, and in the cases prescribed in Chapter V of Title III of this book. A person guilty of calumny or contumely against individuals shall be relieved from the penalty imposed by the pardon of the offended party. For the purposes of this article the sovereigns and princes of friendly or allied nations, their diplomatic agents, and foreigners with a public character, that, according to treaties, should be included in this provision, shall be considered as authorities. A special initiative of the government must precede any action relating to the cases mentioned in the foregoing paragraph. 's8t 0-rder No. 125,I llulquarters Division of (uba, Juily 3, 1819, page 137; and Order No. 239, June 12, 1900, page 142.

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101 TITLE XI. CRIMES AGAINST THE CIVIL STATUS OF PERSONS. CHAPTER I. FICTITIOUS REPRESENTATIONS OF CHILDBIRTH AND USURPATION OF CIVIL STATUS. ART. 487. Fictitious representations of childbirth and the substitution of one child for another shall be punished with the penalties of presides meyor and a fine of from 625 to 6,250 pesetas. The same punishments shall be imposed on any person who should hide or expose a legitimate child with the intent to make him lose his civil status. ART. 488. The physician or public official who, in taking advantage of his profession or office, should cooperate in the conumission of any of the crimes mentioned in the foregoing article shall incur the same penalties, and, furthermore, that of temporary special disqualification. ART. 489. He who shall usurp the civil status of another shall be punished with the penalty of prij sdie mayor. CHAPTER 11. CELEBRATION OF ILLEGAL MARRIAGES. ART. 490. Any person who shall contract a second or subsequent marriage without the prior marriage being lawfully dissolved, shall he punished with the penalty of yr/oi naour. ART. 491. He who, notwithstanding the existence of an impediment for which no dispensation can le had, shall contract a marriage, shall be punished with the penalty of prisriin e"ecmne/ in its medium and maximum degrees. ART. 492. IHe who shall contract a marriage. notwithstanding the existence of an impediment for which dispensation could be had, shall be punished with a fine of from 325 to 3.250 pesetas. If through his own fault he shall not, after dispensation within the period fixed by the court, have caused the marriage to be validated, he shall be punished with the penalty of pri's IW ror/il r mi 011/ in its Iedim and maximum degrees, from which penalty he shall he released when the marriage is made valid. ART. 493. He who shall cause, throiugh surprise or deceit, a parish priest to take part in the celebration of an illegal marriage, valid, however, under the provisions of the church. shall 1he punished with the penalty of ji/ixwn c11rr ni7/. If he should have caused him to take part through violence or intimidation, he shall be punished with that of uisI no.

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102 ART. 494. Any minor who shall contract a marriage without the consent of his or her parents, or of the persons who for such purposes stand in their stead, shall be punished with ,,rI ? icreional in its minimum and medium degrees. The culprit shall be pardoned as soon as the parents or persons referred to in the foregoing paragraph approve the marriage contracted. ART. 495. The widow who shall marry before three hundred and one days have elapsed from the death of her husband, or before she is confined, if she were pregnant at the time of his death, shall incur the penalties of alrrreto mayor and a fine of from 125 to 1,250 pesetas. The same penalty shall be incurred by a woman whose marriage should have been declared null and void if she should marry before her confinement or before three hundred and one days have elapsed from her legal separation. ART. 496. He who, without previous dispensation, shall contract a marriage with one of his adopted children or descendants shall be punished with the penalty of proato nwyor. ART. 497. The guardians who, before the judicial approval of his accounts, should contract a marriage with or should give his consent to his children or descendants contracting it with the person whose wardship he should have or should have had, unless the father of the latter should have duly authorized such marriage, shall be punished with the penalties of pri "(i"' lr,,01 in its medium and maximnum degree and a fine of from 325 to 3.250 pesetas. ART. 498. The ecclesiastical or civil authority who shall perform a marriage forbidden by law, or in regard to which there is any impediment which can not be removed by dispensation, shall he punished with the penalty of suspinsion in its medium and maximnun degrees and a fine of from 625 to 6,250 pesetas. If the impediment could be removed by dispensation the penalties shall be those of banishment in its minim m degree and a fine of from 325 to 3,250 pesetas. ART. 499. In all the cases of this chapter the person who contracted marriage 1y deceit shall he adjudged to endow, according to his means. the woman who contracted the marriage in good faith. TITLIEl XII. CRIMES AGAINST LIBERTY AND SECURITY. ('ilmPTEri I. VNLAwF1'1 DETENTIONS. AiRr. 500. Any private person who shall lock up or detain another. or in any way deprive him of his ibrty, reserving the provisions of article 7o32, shall be punished with the penalty of pr'ision o ayo/.

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103 He who shall furnish a place for the commission of the crime shall incur the same penalty. If the culprit should release the person locked up or detained within three days after his detention had commenced, without obtaining the object he had in view and without the commencement of criminal proceedings, the penalty shall be pir 7 / i 0n 'i'rreciOncl in its mliniin and medium degrees and a file of from 325 to 3,250 pesetas. ART. 501. The crime referred to in the preceding article shall be punished with the penalty of reclbbi(n tewmpo'l1. If the imprisonment or detention should have lasted more than twenty days. 2. If it should have been committed by the false assumption of public authority. 3. If grave physical injuries should have been inlicted on the person imprisoned or detained or if he should have been threatened with death. ART. 502. Any person who, cases permitted by law being excepted, shall without sufficient reason apprehend or detain a person in order to turn him over to the authorities, shall be punished with the penalties of rrosto meor' and a fine of from 325 to 3,250 pesetas. This article is not applicable to those apprehending the slaves or serfs of others, who are fugitives, in order to deliver them to their masters or the authorities, in the cases prescribed in the regulations, provided that the delivery he made within the term of seventy-two hours after the capture. Fugitives shall be considered those of whose tlight notice shall have been given by their masters or patrons to the local authorities, by publication in the newspapers, or that are found three leagues away from the farms upon which they were employed, without a permit from their master, manager, or overseer or with a permit whose tet m of license had already expired. CHAPTER 11. THE ABDUCTION OF INFANTS. ART. 5U3. The abduction of a child under i veals of age shall lie punished with the penalty of c"/t Un trnporu/. ART. 504. The saiie penaltyshall be incurred by aNy person who, being in charge of the person of a minor, shall not deliker him to his parents or guardiatis or give a satisfactory explanation concerning his disappearance. ART. 5U5. He who shall induce a minor, but over the age of i, to abandon the house of his parients, guardians, or persons in charge of him, shall be punished with the penalties of o',',s/' mori and a tine of from 325 to 3,25i penas.

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104 CHAPTER III. THE ABANDONMENT OF CHILDREN. ART. 506. He who shall abandon a child under i years of age shall be punished with the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas. If on account of the circumstances of the abandonment the death of a child is caused, the culprit shall be punished with the penalty of prIiS/(i/i C rrczo/i al in its medium and maximum degrees. If the child's life should have only been endangered, the punishment shall also be that of pri/Hin co,,ccional, but in its minimum and medium degrees. The provisions of the two foregoing paragraphs must be considered without prejudice to the punishment of the deed as may be proper if it should constitute a graver crime. ART. 507. He whbo being intrusted with the rearing or education of a minor should place hint in charge of any public institution or of another person, without the assent of the person who had confided said minor to himi, or of the public authorities in his absence, shall be punished with a tine of from 325 to 3,250 pesetas. CHAPTER IV. PROVISION COMMON TO THE THREE PRECEDING CHAPTERS. ART. 508. HIe who shall iilawfuilly detain another person or abduct a child under the age of 7 years, and should not give ali account of his whereabouts, or should not give evidence of having set him free, shall be punished with the penalty of cadena torpao/ in its maximum degree to te/e hha jpiypfi. Ile who shall abandon ali infant under 7 years of a' -e shall incur the same penalty, if he does nit give evidence that he abandoned the infant without conunitting another c'rime. CHAPTER V. FORCIBLE ENTRY OF DWELLINOS. ART. 509. Any private individial who shall enter another's dwelling against the will of the tenant thereof shall he punished with irr at /1 ay/h r and a fine of from :-'5 to 3,250 pesetas. If the deed were comnitted with violence or intimidation, the penalties shall le p//" '/ 01T // in its inedium and manximun degrees and a tine of from 352 to ).251 pesetas. ART. 510. The provisionis of the foretoinI article are not applicable to a person who enters another's (d welling in order to avoid a grii 1e injury to himself, to the tenants. or to ia third person; nor to him who

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105 should enter the same in order to render some service to humanity or justice. ART. 511. The provisions of this chapter are not applicable to cafes, taverns, inns, and other public houses while they are open. CHAPTER VI. THREATS AND ACTS OE COMPULsION. ART. 512. He who shall threaten another or his family with reg'ard to their persons, honor, or property with an injury amountinl2 to a crime shall be punished1. With the penalty next lower in degree than that prescribed by law for the crime with which the person is threatened, if the threat should have been made by exacting a sum of mnonev or imposing some other condition, even though not illeial, provided the culprit attained his purpose. If the purpose were not attained, with the penalty hm1 er by two degrees. The penalty shall be imposed in its maxinu1 degree if the threats should be made in writing or throu-1 the medium of an emissary. 2. With the penalties of Irr w!/I nl/Ir wnd a tine of from 32L to 3.250 pesetas, if the threat should have been unconditional. ART. 513. Threats of an injury not consitutitil a crime, made in the manner mentioned in No. 1 of the foregoing article, shall be punished with the penalty of rt//I %/I r. ART. 514. In all the cases of the two fol-evo-ing articles the person making the threat may also 1e sentenced to give security not to offend the person threateled, and in default thereof to the penalty of banishment. ART. 515. Anyperson who, without lawful authorization, shall with violence prevent another frot doill what is not prohibited by law, or shall compel him to do what he does not wish, whether just o unjust, shall be punished with the penalties of II ly m l1r and a fine of from 425 to 3,.250 pesetas. it thing bclcngART. 51i. le who with violence shall appropriate ing to his debtor in order to pay himself ther-with shall be punished with the penalties of I// III, in its miimuml degree andi a tine equivalent to the value of the thing, but in no sas lower than 2 pesetas. CHAPTER 'II. DISCOVERY AND REVELATIIN o>F FECRETS. ART. 517. He who in order to discover another's secrets shall tal possession of his papers or letters and divulge such scr t>. shall: punished with the penalties of pr/isIni Ill/ccrri'w/o/ in its mininuu and medium degrees andi a tin( of from 325 to 3,2.0 pesetas.

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106 If he does not disclose them the penalties shalt he r/O anrd a fine of from 325 to 3,251 pesetas. This provision is not applicable to husbands, parents, guardians, or persons acting iln their stead with regard to papers or letters belonging to their wives, children, or minors under their custody. ART. 518. The manager, clerk, or servant who in such capacity may be informed of his employer's secrets, and shall divulge them, shall be punished with the penalties of arrIesto mayor and a fine of from 325 to 3,250 pesetas. ART. 519. The manager, employee, or laborer in a factory or other industrial concern who, to the prejudice of the owner's interests, shall disclose the secrets of his industry, shall be punished with the penalties of pr/N correcclonal in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas. TITLE XIII. CRIMES AGAINST PROPERTY. CHAPTER 1. ROBBERY. ART. 520. Those who, with intent of profiting thereby, shall take possession of the personal property of another with violence Or iitiinidation of the person or by employing force with regard to the personal property, are guilty of the crime of robbery. ART. 521. A person guilty of robbery with violence or intimidation of the person shall he punished: 1. With the penalty of aeoJ na peipetoo to death if on account or on the occasion of the robbery there results homicide. 2. With the penalty of eadebna tmjei'ol in its medium degree to cadenu prptu, if the robbery should be accompanied by violation or mutilation caused purposely, or if on account or on the occasion of the robbery any of the injuries punished in No. 1 of article 429 should be inflicted, or should the robbed person be detained for ransom or for more than one day. 3. With the penalty of whrona /'p oruoa/ if on the same account or occasion some of the injuries punished in No. 2 of the article mentioned in the foregoing number should be inflieted. 4. With the penalty of pjr xdo myr in its miediumi degree to en, /4/ t p4W' '4r in its Minimum degree if the xiolence or intimidation that should have attended the robbery were of a gravity manifestly unnecessary for its execution: or if in the perpetration of the crime injuries of the kind mentioned in Nos. :, and 4 of said article 429 should have been inflicted by the delinquents upon persons not responsible for the crime.

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107 5. With the penalty of preidli c rr cc/~irmet to presidio mOiyor in its medium degree in other cases. ART. 522. If the crimes referred to in No.. :, 4. and 5 of the foregoing article should have been committed in an uninhabited place and by a gang, or by attacking a moving train, or by entering passenger compartments, or by surprising passengers in any manner whatsoever within the cars, the penalty shall be imposed on the culprits in the maximum degree. Upon the chief of the gang, if it should be wholly or partially armed, there shall be imposed, in the same cases, the penalty next higher. ART. 523. A gang exists if more than three armed malefactors unite in the robbery. The malefactors present at the commission of a robbery in an uninhabited place and by a gang shall be punished as principals in any of the outrages committed by the gang if there is no evidence that they endeavored to prevent them. The malefactor who habitually travels with the gan shall be presumed to have been present at all the attempts committed by it, unless there he proof to the contrary. ART. 524. The attempt and frustrated crii of robbery, committed with the crime mentioned in No. 1 of article 521, shall be punished with the penalty of r'edne twjqaiel in its maximum degree to cedna pr1Peu, unless the homicide committed should deserve a higher penalty according to the provisions of this code. ART. 525. He who in order to defraud another should force him by violence or intimidation to sign, execute, or deliver a public instrument or document shall be punished as guilty of robbery with the penalties respectively prescribed in this chapter. ART. 526. Those who should with arms rob an inhabited house or public building, or one dedicated to religious worship, shall be punished with the penalty of pr idio mayo in its medium de-ree to cadcna tempao l in its mininuun degree, if the value of the articles should exceed 1.250 pesetas and the malefactors should have entered the house or huilding where the robbery was commiitted, or ay of its dependencies, by one of the following means: 1. By wrongful entry. 2. By breaking through a wall, eeiling. or iloor. or by forcing a door or window. 3. By making use of false keys. picklocks, or other similar instrumlents. 4. By breaking open doors, wardrobes, etc.. coffers, or any other kind of furniture. Or locked or sealed objects. or by taking the same away to be broken or forced open outside the place of robbery. ier arti ik 11), \u. 23.

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108 5. By making use of fictitious names or simulation of authority. If the malefactors should not carry arms, and the extent of the robhery should exceed 1,250 pesetas, the penalty next lower shall be imposed. The same rule shall be observed if the malefactors do carry arms but the extent of the robbery does not exceed 1,250 pesetas. If they do not carry arms, nor does the extent of the robbery exceed 1,250 pesetas, the penalty prescribed in the two preceding paragraphs shall be imposed on the culprits in its minimum degree. ART. 527. If the crimes referred to in the foregoing articles should have been committed in an uninhabited place and by a gang, or if the property robbed should have been articles dedicated to religious worship, the penalty shall be imposed on the culprits in its maximum degree. ART. 528. Any lodging that shall constitute the dwelling place of one or more persons shall he considered an inhabited house, even if they should be accidentally absent therefrom when the robbery takes place. As dependencies of an inhabited house or public building, or one dedicated to religious worship, shall be considered: Its courts, corrals, shops, granaries, mows, stables, stalls, and other divisions or inclosures contiguous to the building, having interior communication Iherewith, so that the whole constitutes one entire place. The orchards and other o-rounds destined to the cultivation and roduct of the soil shall not he included in the foregoing paragraph, e e if they are fenced in, adjoin the building and have interior conununication therewith. ART. 521. If the robbery referred to in article 520 should have been coninitted in a depeidency of an inhabited house, public building, or one dedicated to religious worship, by iieans of the culprits entering the same by climbing ian exterior wall, and should have been limited to the taking of nutritious grains, products, or wood, and the value of the things robbed should not exceed 75 pesetas, there shall be imposed on the culprits the penalty of 'rp,,sto mayo~r in its medium degree to j/isl'fi0n CrrOi'erv0 / in its mimi ii degree. ART. 580. The robbery counnitted in an uninhabited place, or in a building that is not one of those mentioned in the first paragraph of article 52s; if the vahie of the objects robbed should exceed 1,250 pesetas, shall be punished with the penaltv of jr',sido curredon a! in its mediumi and mnaxinutn degrees, provided that any of the following circumstances be attendant: 1. Wrongful entry. 2. The breaking of walls, roofs, or floors, the forcing of outer doors or windows. t. 1loving made use of false keys, picklocks, or other similar instruments to enter the place of the ro'-m-. I

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109 4. The forcing of doors, wardrobes, etc., coffers, or any other kind of furniture, or locked or sealed objects. 5. The removal of the locked or sealed objects referred to in the preceding paragraph, even though they be broken into outside the place of the robbery. If the value of the objects robbed does not exceed 1,250 pesetas, the penalty next lower shall be imposed. ART. 531. In the cases of the preceding article, a robbery not involving a value of more than 75 pesetas shall he punished with arresto mayr in its medium and maximum degrees. If the things robbed were of those mentioned in article 529, the penalty next lower shall be imposed. ART. 532. The robbery referred to in articles 529, 530, and 531, shall be punished with the penalty next higher if the culprit were a recidivist two or more times. ART. 533. He who shall have in his possession picklocks or other tools specially designed to commit the crime of robbery, and shall not give satisfactory explanation as to the annner he acquired or kept them, shall he punished with the penalty of orrsto wort/m, in its maxinum devreo to p"// ,)o crr,, //onal in its minimum degree. The same penalty shall he incurred by those who manufacture said tools. If they he locksmiths, the penalty of jr".&d/' w,'rrcciwonl in its im(dium and maxinuun degrees shall he imposed. A.'T. 534. The following' are considered as false keys: 1. The tools referred to in the preceding article. 2. True keys stolen from the owner. A3.Any others not used by the owner in opening the lock the criminal may have tampered with. CHAPrER II. THEFT. ART. 535. The following are guilty of theft: 1. Those who with intent of gain and without \i(l'nce or intimida tion ag"ainst the person or force against thine hall take another' personal property without the owner's consent. 2. Those who tindimn something lost and, know in., who its owner is appropriate it with the intent of profit. 8. Those commiitting damage to property, who remove or utiliz, the result or the object of the damage so caused, except in the cases provided for in Nos. 1, 2. and 3 of article fi15: No. 1 of article 618 and articles 619, 621, and 626. ART. 536. Those guilty of theft shall be punished: 1. With the penalty of p/d// re,'"'/ in it.imon and maxi mum degrees, if the value of the stolen property hould exceed 6,2;, pesetas.

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INl 2. With the penalty of peors/do owreecional in its minimum and medium degrees, should it not exceed 6,250 pesetas and be more than 1.250. 3. With nrveto nmayor in its medium degree topresidio correcei'nal in its minimum degree, should it not exceed 1,250 pesetas and be more than 251 pesetas. 4. With oivrre to mayor to its fullest extent, should it be more than 25 but not exceed 250 pesetas. 5. With irrrs/o mayor in its minimum and medium degrees, if it should not exceed 25 pesetas, or even though it should exceed said amount. if the theft is of nutritious grains, fruits, or wood, provided it does not exceed :5.) pesetas. Aii. 5:37. The followiig shall also le punished with the penalty of arresto omyor in its minimum and medium degrees: He who shall enter an inelosed estate or a place where trespass is forbidden, to hunt or tish, employing violence or intimidation against the person or force against things. Ie who under the sune conditions shall hunt or fish on an estate or fields without the permission of the owner, employing means forbidden by the ordinances. If the circumstances mentioned in the two foregoing paragraphs shall occur sinutaneousl y, the culprit shall be punished with the penalty of arrto m,,yer in its ulma un dei ee. ART. 538. The theft shall he punished with penalties next higher in degree than those respectively prescribed in the two preceding articles1. If the stolen objects were things dedicated to worship or if the deed were comiiitted during a religrious ceremony or in an edifice dedicated to the celebration thereof. 2. If the thief were a domestic or if the deed were coimmitted through a o-ross breach of trust. 8. If the culprit were a recidivist two or more times. CHAP-TER II1. \PPiOPRIATION OF SLAVES BELONGING TO (TIERS AND FLIGHT OF SLAVES. This chapter includes articles 53:I to 5-44. which are not applicable slavery having been abolished in Cuba Ibv the law of February 1:1 USSO, and "patronage" by the royal decree of October 7, 1886. CHIAPTER IV. USURPATION. A icr. 545. Whosoever with violence or intimidation against persons hall Occupy ally real property or usurp a property right of another

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111 shall incur, in addition to the penalties which he may have incurred for the violences committed by him, a tine of from 5) to 100 per cent' of the profit he may have derived therefrom, never being less than 325 pesetas. Should it not be possible to estimate said profit, a fine of from 325 to 3,250 pesetas shall be imposed. ART. 546. Whosoever shall alter boundaries or landmarks of towns or estates or any other marks intended to fix the limits of adjoining estates, shall he punished with a fine of from 50 to 100 per cent of the profit he may have derived or might have been able to derive therefrom. Should it be impossible to estimate said profit, a fine of from 325 to 3,250 pesetas shall be imposed upon him. CHAPTER N FRAUD.,. SECTION I.,1 nw/ndsIsa and rri nis/ jidlti stliad inxW/l -n y. Ar. 547. He who shall abscond with his property for the purpose of defrauding his creditors shall be punished with the penalty of prs-/dio mayor,, if he were a merchant, and otherwise with that of pesi oiu cowrsrsioQ/ in its maximum degree to predio /imyor in its medium degree. ART. 548. The bankrupt merchant who should be declared guilty of fraudulent insolvency in accordance with the Code of Conmnerce, shall be punished with the penalty of presidio cOrreccions/ in its maximum degree to prosoid/ mayor in its medium degree. ART. 54A. The bankrupt merchant who should he declared guilty of culpable insolvency through any of the causes mentioned in article 1005 of the Code of Connerce, shall incur the penalty of prision correcciona/ in its mininmum and medium degrees. Bankrupt merchants who should not have kept books of account in the manner and with all the requisites prescribed in the second section of Title II, Book I. of the Code of Comumerce, if, owing to the defects and omissions therein, prejudice should have resulted to a third person, and those who should not have declared themselves in bankruptcy within the period and in the manner prescribed in article 1o1l of said code, shall he punished with the penalty of srrrsts ma/y/r. ART. 550. In the cases of the two preceding articles, if the loss occasioned to the creditors should not reach to per cent of the respective credits, the penalties next lower than those prescribed in said articles shall be imposed upon the hankrupt. If the loss should exceed 5o per cent, the penalties prescribed in the said articles shall he imposed in their maximum degrees. ART. 551. The penalties prescribed in the Ihree preceding articles

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112 are applicable to merchants, even if not registered, if they are habitually engaged in trade. ART. 552. Those who shall commit any of the acts mentioned in article 1010 of the Code of Commerce shall be punished as accomplices in the crime of fraudulent insolvency. ART. 553. The bankrupt not a merchant whose insolvency should be the result, in whole or in part, of any of the following causes, shall incur the penalty of aireto n yor in its maximum degree to pri(;n correcowatl in its minimum degree: 1. To have had domestic personal expenses in excess of and out of proportion to his means, considering the circumstances of his rank and family. 2. To have lost in any kind of gaimes sums in excess of what an orderly father of family should risk by way of recreation in that sort of entertainment. 3. To have suffered losses in heavy bettings, tictitious purchases and sales, or in any other exchange transactions whose success depends exclusively on chance. 4. To have disposed of goods at a notable loss whose purchase price was still unpaid. 5. To delay in declaring his bankruptcy when his liabilities are three times his assets. ART. 554. The bankrupt, not a merchant, whose insolvency should have resulted in whole or in part from any of the following acts, shall incur the penalty of presidio correncionel in its maxiimum degree to presidio )tayor in its minimum degree: 1. From having included fictitious expenses, losses, or debts, or concealed properties or rights in the statement of liabilities, the report of his assets, or the reports presented by him to the judicial authority. 2. From having appropriated or diverted properties belonging to others which had been placed on deposit with him or given him on commission or for his management. 3. From having simulated the alienation or any encumbrance of, property, debts, or obligations. 4. From having acquired properties for a valuable consideration in the name of another person. 5. From having anticipated, to the prejudice of creditors, payments not due until a period after the declaration of bankruptcy. 6. From having diverted after the declaration of bankruptcy securities belonging to the assets. ART. 555. The provisions contained in article 550 are applicable to the two preceding articles. Air. 556. The following shall be punished as accomplices in the crime of fraudulent insolvency conmmitted by a debtor not engaged in commerce who shall perform any of the following acts:

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113 1. Enter into an understanding with the bankrupt who is not a merchant in order to create a fictitious liability as against hit, or to increase any liability of his, or to alter its character or date, for the purpose of obtaining preference in fraud of the other creditors, even though this should take place before the declaration of bankruptcy. 2. Assist the bankrupt who is not a merchant in the concealment or conveyance of his property. 3. Conceal from the trustees of the bankrupt who is not a merchant the existence of property belonging to him which was in the possession of the culprit, or delivered to the bankrupt instead of to said trustees. 4. Make private agreements with the bankrupt who is not a merchant in fraud of other creditors. ART. 557. The penalties prescribed in this chapter shall be imposed in their maximum to their minimium degrees upon the bankrupt who is or is not a merchant who should not restore any deposit made with him under stress or necessity (dyo'p.o 1" ".' rio). , SEcTION 11. -Siild/. an t/w, fise pt(nss. ART. 558. A person who shall defraud another in the substance, quantity, or quality of things he may deliver to him by virtue of an obligation shall be punished: 1. With the penalty of ,ireisto Imiyor in its minimum and medium degrees, if the fraud should not exceed 250 pesetas in amount. 2. With that of arrnsfr mayor in-its medium degree to s/hi correcontal in its miiniu degree if it should exceed 250 pesetas and not be more tha n 6,250 pesetas. 3. With that of iinsjdh, cirrec i in its minium and medium degrees if it should exceed 6.250 pesetas. ART. 55. The foll owing shall incur the penalties of the preceding article: 1. He who shall defraud others by using a tictitious name, by assuming fictitiou; po w er, influence, or attributes, or by pretending to possess imaginarv property, credit, conniission, enterprises, or business, or by using any other similar deceit that is not one of those mentioned in the following cases. 2. The silversmiths and jewelers who shall comttit a fraud by altering the quality, alloy, or weight of articles pertaining to their art or comm11erce. 8. The traders who shall defraud others by using short weights or measures in the sale of the objects of their traflic. 4. Those who shall comitit a fraud under the false pretext of having had to pay an unlawful gratuity to public employees, without prejudice to the action for calumny pertaining to the latter. 1571 8

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114 The penalties shall be imposed in their maximum degrees on the persons mentioned in the three preceding numbers. 5. Those who, to the prejudice of another, shall appropriate or misapply any money, goods, or any kind of personal property which they may have received as a deposit on conmission, administration, or in any other character producing the obligation to deliver or return the same, or who shall deny having received it. The penalties shall be imposed in their maximum degrees in case of deposits made under stress or necessity. 6. Those who shall conmit any fraud by taking advantage of another's signature in blank and by means thereof filling up any document to his prejudice, or that of a third person. 7. Those who shall commit fraud by causing another to subscribe a document by the use of deceit. 8. Those who shall employ fraud in gambling in order to insure winning. 9. Those who shall commit fraud by withdrawing, concealing, or destroying, in whole or in part, any process, record, document, or any other paper of any character whatsoever. If the same crime should be committed without the intent to defraud, a fine of from 325 to 3.250 pesetas shall be imposed on the author. Air. 5. The crimes referred to in the three preceding numbers shall be punished with the penalty respectively higher by one degree, i+ the culprits should be two or more times recidivists in the same or a similar kind of crime. ART. 561. He who, pretending to be the owner of real property, should convey, rent, encumber, or pledge it, shall be punished with the penalty of rrNt,o ,eyr,' in its minimum and medium degrees, and a fine of from an amount equal up to three times the amount of the loss lie may have caused. The same penalty shall be incurred by the person who shall dispose of any property as free and clear knowing it to be encumbered. AiT. 562. The following shall incur the penalties prescribed in the foregoing article: 1. The owner of any personal property who shall abstract it from the person who has it legitimately in his possession to the prejudice of the same or of a third person. 2. He who shall execute a fictitious contract to the prejudice of another. A i5Wr.5t3. Those who shall coimit any fraud with regard to literary or industrial property shall also incur the penalties prescribed in article 561. ART. 564. A person who, by taking advantage of the inexperience or passions of a liinor, should induce hii to execute to his prejudice any obligation, lischarge, or transfer of property rights, in consideration of a loan of money, a credit, or other personal property,

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115 whether the loan clearly appears or is clothed in another form, shall be punished with the penalties of arrestu )woyor and a fine of from 10 to 50 per cent of the amount of the obligation incurred by the minor. ART. 565. He who shall defraud or prejudice another by employing any deceit not specified in the preceding articles of this section, shall be punished with a fine of an amount equal up to one double that of the loss occasioned, and in case of a repetition, with a fine of double the amount, and arrlest m/ay/Or in its medium to its maximum degree. CHAPTER VI. PLOTS TO ALTER THE PRICES OF THINGS. ART. 566. Those who shall request for a gift or promise in consideration of not taking part in a public auction, and those who shall attempt to keep away any bidders therefrom, by means of threats, gifts, promises, or any other artifice, for the purpose of altering the price to be obtained from the sale, shall be punished with a fine of from 10 to 50 per cent of the value of the things auctioned, unless they should have-deserved a severer fine by reason of the threats or other means employed. ART. 567. Those who wrongfully combine to enhance or lower the price of labor or regulate its conditions wrongfully, provided such combination has begun to be carried into effect, shall be punished with the penalty of /arresti /ayor. This penalty shall be imposed in its maximum degree on the leaders and promoters of the combination, and on those who shall employ violence or threats to insure its success, unless they deserve a higher penalty by reason thereof. Awr. 568. Persons who, by spreading false rumors, or by using any other artifice, should succeed in altering the natural prices resulting from free competition in merchandise, stocks, public or private securities, or any other things which may le the su/jects of trade, shall be punished with the penalties of /rr'to mayew and a fine of from 1,250 to 12,500 pesetas. ART. 569. If the fraud mentioned in the foregoing article should relate to food stuffs or other oljects of primary necessity, the penalty shall be imposed in its maximum degree. For the imposition of this penalty it shall suffice that the combination should have conmnenced to be carried out. CHAPTER VII. PAwNBmoKING ESTAILISHMiENTS. ART. 570. A person who1, 1ei n' engaged in the business of making loans upon pledges, salaries, or wages, shall not keep books of account and enter therein, without leaving /amk spaces or interlining, the

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116 amounts loaned, their terms or interest, the names and residences of those who receive them, the nature, quality, and value of the articles pledged and the other circumstances required by the regulations, shall be punished with a fine of from 1,250 pesetas to 12,50() pesetas. ART. 571. A pawnbroker who shall not give a receipt for the pledge or security received shall be punished with a fine of from double to five times its value. CHAPTER VIII. ARSON AND OTHER MALICIOUS DESTRUCTION OF PROPERTY. ART. 572. The following shall be punished with the penalty of cad(na tempijoral in its maximum degree to cadena poipetua: 1. Those who shall set fire to an arsenal, dockyard, warehouse, establishment for the manufacture of gunpowder or military fireworks, park of artillery, archives, or general museum of the State. 2. Those who shall set fire to a moving passenger train or a vessel away from port. 3. Those who shall set fire in a populous place to a storehouse containing intiammables or explosives. 4. Those who shall set fire to a theater, church, or other edifice devoted to meetings, if a number of people shall have gathered therein. ART. 573. Those who shall set fire to any edifice, farmhouse, but, shed, or vessel in port, with knowledge that one or more persons were within the same, shall be punished with the penalty of cadena tettpoil to ewdenai 1 Jon m/ti. ART. 574. The penalty of cadeat temporal shall be imposed: 1. Upon those who shall set fire to a public edifice, if the damage caused exceeds 6,250 pesetas. 2. Upon those who shall set fire to an inhabited house or any edifice whatsoever, in which several persons habitually meet, not knowing whether or not there were people therein, or a moving freight train if the damage caused in said cases should also exceed 6,250 pesetas. ART. 575. The following shall be punished with the penalty of presidio' mayor. 1. Those who shall commit any of the crimes included in the preceding article, if the amount of the injury caused should not exceed 6,250 pesetas. 2. Those who shall set fire to a house not destined for a dwelling or meeting place, but in a populous district, if the amount of the damage caused should exceed 6,250 pesetas. 3. Those who set tire to sugar milIs, cane fields, or other similar plantations, if the damage caused should exceed 6,250 pesetas.

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117 ART. 576. If the damage caused in the cases of Nos. 2 and 3 of the foregoing article should not exceed 6,250 pesetas, but should be more than 650, there shall be imposed upon the culprit the penalty of presidio cwreccional in its medium and maximum degrees. If it should not exceed 650 pesetas the penalty of presidio (orccional in its minimum and medium degrees shall be imposed. ART. 577. The following shall be punished with the penalty of presidlio correccional in its maximum degree to presidio mayor in its medium degree if the damage caused shall exceed 6,250 pesetas: 1. Those who shall set fire to an edifice used as a dwelling in an uninhabited place. 2. Those who shall set fire to grain, pastures, woods, or plantings. ART. 578. If the damage caused in any of the cases of the foregoing article should exceed 650, but not be more than 6,250 pesetas, the penalty shall be that of presidio correcciwnl in its medium degree to presidio mayor in its minimum degree. ART. 579. If it should not have amounted to 650 pesetas, the penalty next lower by one degree shall be imposed, provided fire should have been set to a building; and that lower by two degrees if it should have been set to grain, pasture lands, woods, or plantings. ART. 580. When, by reason of having set fire to grain, pasture lands, woods, or plantings, there should have been danger of its spreading, on account of other properties being adjacent to those on fire, there shall be imposed a penalty higher by one degree than that prescribed for the crime. ART. 581. Setting fire to things not included in the preceding articles shall be punished: 1. With the penalty of arresto ayor in its medium and maximum degrees, if the damage caused did not exceed 125 pesetas. 2. With the penalty of irresto mayor in its maximum degree to ]reslio correccional in its minimum degree, if the damage caused should exceed 125 but not be more than 1,250 pesetas. 3. With that of presidio corrcional in its minimum and medium degrees, if the damage caused should exceed 1,250 and not exceed 6,250 pesetas. 4. And with that of jresidir c /fachir]n/ in its medium and maximum-degrees if it should exceed 6.250 pesetas. ART. 582. In case of fire having been set to huts, ricks, or sheds that are unoccupied, or to any other object whose value does not exceed 625 pesetas, at a time or under circumstances that manifestly exclude any danger of its spreading, the culprit shall not incur the penalties prescribed in this chapter, but those he may deserve for the damage caused, in accordance with the provisions of the following chapter.

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118 ART. 583. The following shall, respectively, incur the penalties of :is chapter: Those who shall cause destruction of property by the sinking or stranding of a vessel; by causing an inundation; the explosion of a mine or steam engine; by removing rails from a railroad: by changing maliciously the signals employed in the service of the latter for the safety of moving trains; by the destruction of telegraph wires and poles; and, in general, by the employment of any other agency or medium of destruction as powerful as those mentioned. ART. 584. A person guilty of the burning or damage of another's property shall not be exempted from the penalties imposed in this chapter even though in order to commit the crime he may have burned or damaged property of his own. ART. 585. If the things set on fire belonged exclusively to the incendiary, there shall be imposed upon him the penalty of erreto mewy(r in its maximum degree to prisin cocrrnil/ in its minimum degree, if the fire should either have been caused with intent to defraud the rights of a third person or to cause him any prejudice; or if, even without this intention, such prejudice had been caused him, or if the thing set on fire should have been a building in a populous spot. CHAPTER IX. DAMAGE TO PROPERTY. ART. 586. Those who cause any damage to property of another not specified in the preceding chapter, are guilty of injuries to property and subject to the penalties of this chapter. ART. 587. Those shall le punished with the penalty of prisiun eorrecceion, in its muininuu and mediun degrees who shall cause damage to property exceeding in amount 6,250 pesetas: 1. With the intention of hindering the free action of the authorities or in revenge for their decisions, whether the crimes were connnitted against public employees or against individuals who had assisted or could assist, as witnesses or in any other manner, in the enforcement or application of the laws. 2. By introducing in any manner whatsoever infection or contagion anion" cattle. 3. liy employing poisonous or corrosive substances. 4. liv a gang or in a deserted spot. 5. Within an office for the keeping of archives or registry. 6. Upon bridges, roads, promenades, or other places of common public use. 7. By ruining of the person injured. ART. 58t. ie who, under any of the circumstances mentioned in

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119 the foregoing article, shall cause damage exceeding 125 pesetas but not more than 6,250 pesetas, shall be punished with the penalty of arresto mayor. ART. 589. The burning or destruction of papers or documents, the value of which can be estimated, shall be punished according to the provisions of this chapter. If the value can not he estimated, with the penalties of urresti IeyQor in its maximum degree to jor/dn ((1r/rccwiom in its medium degree and a tine of from 625 to 6.250 pesetas. The provisions of this article are to he considered as applicable if the deed should not constitute another graver crime. ART. 590. The damage to property not included in the preceding articles, amounting to more than 125 pesetas, shall he punished with a fine of an amount equal up to three times that of the damage, never being less than 20) pesetas. This determination is not applicable to damages caused by cattle and others, which must be classed as misdemeanors according to the provisions of Book III. The provisions of this chapter shall only be applicable when a higher penalty is not proper for the crime according to the provisions of article 535. CHAPTER X. GENERAL PROVISIONS. ART. 591. The following are exempt from criminal liability and subject only to civil liability for the thefts, frauds, or d:uaages that they may reciprocally cause each other: 1. Spouses, ascendants, and descendants, or relations by affinity in the same line. 2. The widowed spouse, with regard to the things belonging to the deceased spouse while they have not passed into the possession of another. 3. Brothers and brothers-in-law, if they live together. The exceptions of this article are not applicable to any strangers who shall share in the offense. TITLE Xl. RECKLESS NEGLIGENCE. ART. 592. He who shall execute through reckless negligence an act that, if done with malice, would constitute a grave crime, shall be punished with the penalty of arrco mayor in its maximum degree to p corerIci7l/ in it, minimum degree, and with arr-t llay' r in its minimum and medium degrees if it shall constitute a less ,ra-e crime.

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120 He who, in violation of the regulations, shall commit a crime Through simple imprudence or negligence, shall incur the penalty of ueto sb or q'in its medium and maximum degrees. In the application of these penalties the courts shall proceed according to their discretion, without being subject to the rules prescribed in article 80. The provisions of this article shall not be applicable if the penalty prescribed for the crime is equal to or less than those contained in the first paragraph thereof, in which case the courts shall apply the next one thereto in the degree which they may consider proper.

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BOOK III. MISDEMEANORS AND THEIR PENALTIES. TITLE 1. MISDEMEANORS AGAINST PUBLIC ORDER. ART. 593. Whosoever shall throw stones at or soil statues or paintings, or cause any damage whatsoever to the streets. parks, gardens, or promenades or appliances for public lighting, or to objects of adornment or of public utility or amusement, even though belonging to individuals, shall be punished with a fine of from double to four times the amount of the damage caused, if the act itself should not, on account of its gravity, le included in Book II of this code. The same penalty shall be incurred by those who in any manner whatsoever shall violate rules concerning the embellishment of cities. ART. 594. The following shall be punished with the penalty of arrest of from one to ten days and a fine of from 15 to 125 pesetas: 1. Those who shall disturb acts of worship, or offend the religious sentiments of those attending the same, in any manner not foreseen in Section III, Chapter II of Book II of this code. 2. Those who by exhibiting prints or engravings or by means of other acts shall offend against good morals and customs without commiitting a crime. ART. 595. Those who, within towns or in a public or frequented place, shall dischargre firearms, rockets, petards, or other projectiles that may cause alarm or peril, shall be punished with the penalty of arrest of from one to tive days and a fine of from 15 to 125 pesetas. ART. 596. The following shall be punished with penalties of from one to fifteen days and a fine of from 70 to 200 pesetas: 1. Those who shall lightly disturb order at the sessions of a superior or inferior court, on the occasion of public acts, spectacles, solemnities, or at largely attended meetings. 2. The subordinates of the civil branch of the administration who shall not observe the proper respect and submission due their superiors, when a higher penalty should not le prescribed in this code or in other laws. ART. 597. The following shall be punished with a line of from 15 to 125 pesetas and censure: 121

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122 1. Those who shall institute or take an active part in "callithumpian concerts " or other tumultuous meetings, thereby offending any jwrson or disturbing public tranquillity. 2. Those who in rounds, or other nocturnal revelries shall, without committing a crime, disturb public order. 3. Those who shall cause disturbance or scandal through their drunkenness. 4. Those who, without being included in other provisions of this code, shall lightly disturb public order by using means that naturally would produce alarm or disturbance. 5. Those who shall lack in the respect and consideration due to the authorities, or shall disobey them lightly, by failing to comply with the special orders that they may give them, provided such want of respect or disobedience should not constitute a crime. 6. Those who shall offend the agents of the authorities in the exercise of their functions in a manner not constituting a crime, and likewise those who shall disobey them on similar occasions. 7. Those who shall not give the authorities such aid as they may call for in cases of crime, fire, shipwreck, inundation, or other calamity, should they have been able to do so without damage or personal risk. ART. 598. Those who shall conceal their true names, residence, status, or place of domicile, either from the authorities or from any public official who should ask it by virtue of his office, shall be punished with a fine of from 70 to 200 pesetas. ART. 599. The following shall be punished with a fine of from 15 to 125 pesetas: 1. Those who shall practice a profession that requires a diploma, without possessing one. 2. Those who, in violation of the orders of the authorities, shall appear in public wearing masks at a time when it is not permitted to do so. 3. Those who carry arms without permission to do so. TITLE II. MISDEMEANORS AGAINST PUBLIC INTEREST AND THE GOVERNMENT OF TOWNS. ART. 600. The following shall be punished with penalties of from one to ten days of arrest or a fine of from 15 to 125 pesetas: 1. Those who shall refuse to receive lawful money in payment. 2. Those who, having received in good faith counterfeit money, shall spend it in a sum less than 325 pesetas and more than 70 after knowing of its falsity. 3. The traders or vendors who shall keep measures or weights artfully contrived to defraud, or who in any manner whatsoever shall

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123 violate the rules established for the making of standard weights and measures in the guild to which they belong. 4. Those who shall defraud the public in the sale of goods, whether in quantity or quality, by any means whatsoever not expressly penalized. 5. Traders or vendors in whose possession any food stuffs shall be seized lacking in the proper weight, measure, or quality. ART. 601. The following shall be punished with penalties of from five to fifteen days of arrest and a fine of from 70 to 200 pesetas: 1. Those who shall spread false rumors or use any other unlawful artifice in order to alter the natural price of things, if the act should not constitute a crime. 2. Those who shall violate the police rules tending to insure the supplying of towns. ART. 602.' Those who in public" places or establishments shall start or take part in any kind of games not for pure pastime and recreation shall incur a fine of from 15 to 70 pesetas. ART. 603.' The following shall be punished with a penalty of from five to fifteen days of arrest and a fine of from 70 to 200 pesetas in cases not included in Book II: 1. Pharmacists who shall dispense medicines of bad quality. 2. The owners or persons in charge of eating houses, confectionery stores, bakeries, or other similar establishments who shall sell or serve adulterated or altered drinks or articles of food injurious to health, or who shall not observe in the use and care of vessels, measures, and utensils the established rules or ordinary precautions, when the act does not constitute a crime. ART. 604. The following shall be punished with a fine of from 15 to 7i pesetas and censure: 1. Those who shall bathe without regard to the rules respecting decency or safety established by the authorities. 2. Those who shall violate the sanitary police regulations regarding prostitution. 3. Those who shall violate the rules issued by the authorities at times of epidemics or contagious diseases. 4. Those who shall violate the regulations, ordinances, and proclainations relating to epidemics among animals, the extinction of locusts, or any other similar plague. 5. Those who shall violate the sanitary rules established by the authorities regarding the carrying of corpses and their interment in cases not provided for in Book 11. 'See Order No. 118, Headquarters Division of Cuba, July 24, 1A99, I'ie 136, and No. 230, December 4, 1899, page 137. 'See General Orders, Nos. 151, Headquarters of Porto Rico, September 27, 1899, page 146, and 87, April 25, 1900, page 148.

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124 6. Those who shall desecrate corpses, cemeteries, or places of burial by actions or deeds not constituting a crime. 7. Those who shall throw dead animals, garbage, or refuse in the streets and public places where it is forbidden to do so, or who shall pollute fountains or watering places. 8. Those who shall violate the police rules or proclamations relating to the manufacture of fetid and unhealthy substances or who shall throw them in the streets. 9. Those who in any other manner not constituting a crime shall violate the regulations, ordinances, or proclamations relating to public sanitation issued by the authorities within the scope of their powers. ART. 605. The following shall be punished with penalties of from one to five days of arrest or a fine of from 15 to 125 pesetas: 1. Those who shall give public exhibitions or hold any kind of meetings whatsoever without obtaining the proper license, or who should overstep the bounds of the permission granted them. 2. Those who shall open establishments of any kind without the license of the authorities, whenever it should be necessary. ART. 606. The following shall be punished with penalties of from one to ten days of arrest and a fine of from 70 to 200 pesetas: 1. Those who shall extinguish the public lights, or lights on the outside of building-s, or those over their doors or stairways. 2. Those who shall fail to observe the rules established for public lighting at places where this service is to be furnished by individuals. ART. 607. The following shall be punished with the penalty of a fine of from 15 to 125 pesetas, or censure: 1. Physicians who, noticing in a person whom they are attending, or in a corpse, indications of poisoning or of some other crime, shall not immediately notify the authorities, provided that in view of the circumstances they should not have incurred a greater liability. 2. Those charged with the custody or safe-keeping of a lunatic who shall allow him to wander through the streets and public places without proper surveillance. 3. The owners of tierce and dangerous animals who shall let them loose, or in the way of doing harm. 4. Those who shall violate the regulations, ordinances, or proclamnations relating to public conveyances. 5. Those who shall ride or drive saddle animals or carriages through the streets, promenades, and other public places, endangering passersby, or in violation of the ordinances and proclamations relating to good order. 6. Those who shall obstruct the sidewalks, streets, and public places by their acts or with wares of any kind. 7. Those who shall thrttow into the street or a public place water, stone or other objects whic might cau e danmage to persons or things,

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125 provided that a greater penalty should not be prescribed for the deed on account of its seriousness or character. 8. Those who keep in places on the outside of their dwellings overhanging the streets or public way, objects that threaten to cause damage to passers-by. ART. 008. The following shall be punished with a fine of from 15 to 125 pesetas: 1. The owners of eating houses, inns, and other establishments for the reception of guests who shall fail to give to the authorities the reports and information prescribed by the regulations, ordinances, or proclamations at the time and in the manner prescribed therein. 2. The domestic servants, grooms, and employees who shall fail to comply with the provisions established by the authorities for public assurance and security. ART. 6iO. The following shall be punished with a penalty of from 74) to 200 pesetas: 1. Those who shall violate the rules established for avoiding the spread of fire from steam engines, boilers, ovens, stoves, chimneys, or other similar places, or who shall place-or construct said objects in violation of the regulations, ordinances, or proclamations, or who shall fail to clean or take care of them, thereby causing damage of fire. 2. Those who in violation of the orders of the authorities shall neglect to repair buildings about to collapse or having a bad appearance. 3. Those who shall violate the rules of safety concerning the deposit of any materials, the digging of wells or excavations. 4. Those who shall violate the regulations, ordinances, or proclamations of the authorities relating to the manufacture and safe-keeping of intlanummable or corrosive materials or chemical products liable to cause damage. TITLE III. MISDEMEANORS AGAINST THE PERSON. ART. 610. Those who shall cause physical injuries that prevent the injured person from working for from one to seven days, or make medical attendance necessary for a similar period, shall be punished with the penalty of rresto mayor. If the offender should be a son, pupil, or slave of the person injured, the maximum degree of the penalty shall be imposed, whatever be the other attendant circumstances. ART. l1.. The following shall be punished with a penalty of from five to fifteen days of arrest and censure: 1. Those who shall cause physical injuries that do not prevent the person injured from devoting himself to his customary labors, nor require medical attendance.

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126 2. Husbands who shall maltreat their wives, even though they do not cause them injuries of the character mentioned in the foregoing paragraph. 3. Wives that are disobedient to their husbands, who shall maltreat them bodily, or by speech. 4. Spouses who shall cause a scandal by their domestic dissensions after having been warned by the authorities, if the deed should not be included in Book II of this code. 5. Fathers of families who shall forsake their children by not giving them the education corresponding to their condition in life, and such as their means will permit. 6. Guardians, tutors, or persons in charge of a minor under 15 years of age who shall disobey the provisions regarding obligatory primary instruction, or who shall abandon the care of his person. 7. Sons of a family who should be lacking in the respect and submission due their parents. 8. Wards who should commit the same fault with regard to their guardians. 9. Those who finding an. abandoned child under i years of age in danger of its life do not turn it over to the authorities or to its family. 10. Those who in the relinquishment of infants shall break the rules or customs established in their respective locality and those who shall fail to take to a foundling asylum or safe place any infant that they shall find abandoned. 11. Those who shall not succor or help a person whom they may meet in an uninhabited place, wounded or ili dauger of perishing, if they could do so without their own detriment, unless such omission should constitute a crime. 12. Those with regard to whom, in the case of the brawl defined in article 418 of this code, it shall appear that they had used violence of any kind against the person of the one injured, provided that but slight injuries were inflicted upon the latter, and that the author were unknown. ART. 612. The following shall be punished with penalties of from one to five days of arrest, or a fine of from 15 to 125 pesetas: 1. Those who shall heat or bodily illtreat another, or abuse him by speech without causing, him anl y physical injury. 2. Those who, without being included ili other provisions of this code, shall threaten another with weapons, or draw him into a quarrel, unless in self-defense. 3. Those who shall threaten another by words and in the heat of anger with an injury that would constitute a crime, and who by their subsequent actions show that they persisted in the intention which they gave utterance to in their threat, provided that, in view of the

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127 circumstances of the deed, it shall not be included in Book II of this code. 4. Those who by word of mouth threaten to cause another an injury that would not constitute a crime. 5. Those who shall cause another any unjust duress or vexation not punished in Book II of this code. ART. 613. The following shall be punished with a fine of from 15 to 125 pesetas and censure: 1. The director of a newspaper in which false statements shall have been made, should he refuse to insert gratis within the term of three days the answer addressed to him by the offended person or by his authorized representative, correcting or explaining the same, provided that said rectification, however, does not exceed in length double that of the false item or article. In case of the absence or death of the person offended, his children, parents, brothers, and heirs shall have the same right. 2. Those who, by means of printing, lithography, or any other means of publication, shall maliciously divulge facts relating to a person's private life, that without constituting outrages should nevertheless cause prejudice or serious trouble in the family to whom the report refers. 3. Those who shall lightly offend another by act or word, if the offended person should complain; his pardon shall extinguish the penalty. 4. Those who, being called upon by another, in order to avoid a greater evil, should fail to give the assistance requested, provided that no prejudice would have resulted to them. 5. Those who, through mere imprudence or negligence, without committing a violation of the regulations, shall cause an injury which, if done with malice, would constitute a crime or misdemeanor. TITLE IV. MISDEMEANORS AGAINST PROPERTY. ART. 614. Those who for gain or lucre shall interpret dreams, make prognostications or divinations, ortake advantage of the public credulity in any other similar manner, shall be punished with the penalty of ariA-iro mienor, if the act should not he punished in Book l I of this code. ART. 615. The following shall be punished with a penalty of from one to fifteen days of arrestu mnm'ow: 1. Those who shall trespass upon another's estate or fields to gather fruits and eat them on the spot. 2. Those who, in the samue manner, shall take fruits, grains, or other products to give them on the spot to horses or cattle.

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128 8. Those who, without the owner's permission, should trespass upon estates or fields before the crops have been completely removed, for the purpose of utilizing the gleanings or any other remnants of the crop. 4. Those who shall trespass upon the inelosed or fenced estate of another, if trespassing thereon were forbidden by a notice. ART. 616. The following shall be punished with a fine of from 15 to 125 pesetas: 1. Those who shall enter another's inclosed estate to hunt or fish, or fields where trespassing is forbidden, without the owner's permission. 2. Those who under any pretext or for any reason whatsoever shall cross nurseries or sown ground, with whatever intent or pretext. 3. Those who in hunting or fishing on public grounds or of common use shall employ any of the means prohibited by any of the ordinances. ART. 617. A fine of 10 pesetas shall be imposed for the simple act of trespassing upon another's walled and fenced grounds without the owner's permission. ART. Q1 .The following shall be punished with a fine of from 7o to 200 pesetas: 1. Those who, while in charge of carriages, horses, or harmful animals should commit any of the excesses foreseen in the two foregoing articles, unless by reason of the damage caused they should deserve a higher penalty. 2. Those who shall destroy or tear to pieces any hut, shed, hedges, fences, palings, or other protections to property. 3. Those who shall cause damage by throwing upon property stones, articles, or projectiles of any kind from without the same. ART. 61fl.' The owner of cattle trespassing upon another's estate and causing damage exceeding 15 pesetas shall be punished with a fine for each head of cattle: 1. Of from 2 to 5 pesetas for horned cattle. 2. Of from 1 to 3 pesetas for horses, mules, or asses. 3. Of from 50 c6ntiiuos to 2 pesetas for goats, if the estate were planted with trees. 4. Of from an amount equal to that of the damage caused to onethird more, for sheep or any other kind of animals not included in the foregoing nmbers. The same shall he obserred if the animals were goats and there were no trees on the grounds. ART. 620. The owners of the cattle mentioned in numbers 1, 2, and 3 of the foregoing article, which should pass upon another's estate without the owner's permission, without causing damage, or damage 'See Gen. Order N0. 128, Ie ab taritrs Department of Prth Rico, August 24, 1899, pa-a 144.

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129 less than 5 pesetas, shall incur a fine of 10 centimos de pesetas for each head of cattle. If the estate were inclosed, or should contain vineyards, olive groves, sown land, or other plantings, or if there should be a relapsing on the part of the offender, the fine prescribed in the preceding article shall be imposed according to the cases therein prescribed. ART. 621. If the cattle should be purposely let in, or stray in through the abandonment or negligence of their owners or herdsmen, besides paying the fines mentioned in the preceding articles, the owners and herders in their respective cases shall undergo from 1 to 30 days of arrest, if a greater penalty should not attach to them as guilty of theft or willful or negligent damage. If they should relapse into this offense for the third time within a space of thirty days, they shall be tried and punished as guilty of theft or damage, according to Book II. ART. 622. Those who should cause a fire of any character not penalized in Book II of this Code shall be punished with the penalty of a'rresto wenor, or a fine of from 15 to 325 pesetas. ART. 623. The following shall be punished with a fine of from 15 to 70 pesetas: 1. Those who shall violate the regulations or proclamations relating to good order with regard to the burning of stubble or other veggetation. 2. Those who shall violate.the ordinances concerning hunting and fishing. ART. 624. Those who shall cause any damage in any of the manners specified in this Code, whose amount does not exceed 125 pesetas, shall be punished with the penalty of arrest of from 1 to 5 days, or a fine of from 15 to 70 pesetas. ART. 625. Those who shall cut trees on another's estate, causing damage not exceeding 125 peseta,, shall be punished with a fine of from double to four times the aninunt of the damage caused; and if said damage should not consist in cutting down trees, but in cutting branches of firewood, the fine shall be from an amount equal to double that of the daunag' caused. ART. 626. Those who in making use of waters belonging to others, or in diverting them from their course shall causi damage, the amount of which does not exceed 1U5 pesetas, shall incur a tine of from double to four times the amount of the damage calsed. ALT. 627. Those who intentionally or through negligence or carelessness shall cause any damage whatsoever not punished in this or in the preceding book, shall be punished with a fine of from one-half the amount of damage caused to an equal amount, if it were possible to estimate it, and otherwise with a fine of from 15 to 210 pesetas. 1571 9

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130 TITLE V. PROVISIONS COMMON TO ALL MISDEMEANORS. ART. 628. In applying the penalties of this book the courts shall proceed, according to their judgment, within the limits of each of them, in view of the circumstances of each case. ART. 629. Accomplices in misdemeanors shall be punished with the same penalty as the principals, but in its minimum degree. ART. 630. The following shall always be confiscated: 1. The arms that the offender may have carried in causing any damage or inflicting any injury, provided he displayed them. 2. The imitated, adulterated, or changed beverages or foodstuffs, provided they be noxious to health. 3. The counterfeit money, or falsified, adulterated, or damaged effects, given out as lawful or good. 4. The foodstuffs with regard to which the public is defrauded either in quantity or quality. 5. The false measures or weights. 6. The outfits employed in unauthorized games of chance or raffles. 7. The articles used in divinations or other similar frauds. ART. 631. The courts shall order the confiscation of the instruments and articles relating to the misdemeanors mentioned in the foregoing article, according to their discretion, in view of the cases and circumstances. ART. 632. When insolvent persons are punished with tines, they shall be punished with one day's arrest for every 15 pesetas for which they are liable. If such liability should not amount to 15 pesetas, they shall, nevertheless, be punished with arrest for one day. They shall also be punished with one day of arrest for ever 15 pesetas as to the other pecuniary liabilities in favor of a third party. ART. 633. The provisions of this hook neither exclude nor limit the powers that by virtue of the municipal laws or any other special laws belong to the officials of the administration in issuig proclamations relating to police and good order, and in the administrative correction of misdemeanors in cases in which their repression may have been confided to them by the said laws and decrees. FINAL PROVISION. ART. 634. All the general penal laws existing prior to the pronmlgation of this Code are hereby repealed, excepting those relating to crimes not subject to its provisions, in accordance with the prescriptions of article 7 and the royal decree of September 29, 1866, ordering the observance of the project of law for the repression and punishment of the slave trade.

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131 We hereby certify that the foregoing translation of the Penal Code in force in Cuba and Porto Rico, is correct. (Signed) FRANK L. JOANNINI, OQfi ial Tiaun.'<
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APPENDIX. 133

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MODIFICATIONS OF AND ADDITIONS TO THE PENAL CODE, MADE BY THE MILITARY GOVERNMENT OF CUBA. No. 67. HEADQUARTERS DIVISION OF CUBA, IT/htna, .June 1, 1899. The military governor of Cuba directs the publication of the following order: I. So much of the decree of July 20, 1882, as extends the provisions of Article XIV of the Penal Code of Spain to the island of Cuba is hereby revoked. 11. The provisions of Article XII of the Penal Code of Cuba shall apply to all crimes and misdemeanors which may he committed by means of printing, engraving, or other mechanical means of publication. II. The directors and editors of all periodicals, as well as the printers thereof, whether occupying these positions permanently or temporarily, shall be civily and criminally responsible, under the preceding article, for everything published in such periodicals, while they are acting in the said capacities, and whether or not said writings, drawings, articles, or paragraphs be signed, provided the same be not published in the performance of official duty. The responsibility of the author is in no wise diminished by the terms of this order. The term printer, as used herein, will be construed to mean the head of any establishment wherein the printing, writing, engraving, or publication has been done. ADNA R. CHAFFEE, Brijadic-General, Chief of Staf. No. 112. HEADQUARTEits DIvsIoN OF CUBA, Thilana. July 20, 1,99. The military governor of Cuba directs the publication of the followingm order: .Article 398 of the Penal Code is hereby amended to read as follows: Any person who bribes a public theer with gifts, presents, offerings, 'r promises shall receive the same puni lunet a, the officer bribed, except the dleprivation of office. 135

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136 Any person from whom an officer may have received such gift, present, offering, or promise shall be exempt from all punishment, provided he give information of the fact to the proper authorities, with the evidence necessary to prove the same. IT. Article 400 of the Penal Code is hereby amended to read as follows: Whenever any of the crimes included in this chapter shall have been committed by reason of a demand made by a public officer, the latter shall suffer the penalties provided for in the preceding articles in their maximum degree, and the party who may have acceded to snuh demand shall suffer the said penalties in their minimum degree. The simple demand on the part of a public officer, though not followed by actual bribery, shall render such officer liable to punishment under the provisions of the preceding articles. The provisions of the second paragraph of article 398 shall apply to this article. In every case included in this chapter the gifts or presents shall be confiscated to the State. ADNA R. CHAFFEE, Bpifdic r-Gcnraccl, Cie;'f ,f Sta. No. 11. HEADQUARTERS DIVIsION OF CUBA, iHabana, July 24, 1899. The military governor of Cuba directs the publication of the following order: 1. Article 02 of the Penal Code is hereby modified to read as follo\\ s: All persons who, in public places or establishments, promote or take part in any game of chance, except purely for recreation or pastime, shall ce subject to a fine of from three to fourteen dollars. All persons who take part in any lottery or unauthorized ratte, or who possess slips or tickets of the same, shall be subject to the same penalty unless the act be included in the greater offense provided fir in article 355 of the Penal tode; as well also as those wh cause the insertion in the papers or the publication of announcements or notices concerning such lotteries or raffles, and the directors, editors, and printers of the papers publishing the same. II. Hereafter no application for the establishment or authorization of any lottery will be granted by any municipal, provincial, or other public officer of the island of Cuba. ADNA R. CIIAFFEE, BrigadierGene-al, Chi <( f Stff:

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137 No. 125. HEADQUARTERS DIVISION OF CUBA, Habana, July 31, 1899. The military governor directs the publication of the following order: Paragraphs 2 and 3 of article 486 of the Penal Code in force in Cuba is hereby modified to read as follows: No person shall be punished for calumny or libel, except upon complaint of the party or parties offended, whenever the offense is against private individuals, or upon denunciation of the same, whenever it is directed against public authorities or constituted official bodies and corporations of the State, or is included in the offenses defined in Chapter V of Title III of this book. In every case the granting of pardon by the party offended shall stay all criminal action against the offender or remove the penalty, if this may have been already imposed. ADNA R. CHAFFEE, Brigadier-Gcntedrl, Chif of StcfI. No. 230. HEADQUARTERS DIVISION OF CUBA. JiIbjana , Ecci to itt, 1899. The military governor of Cuba directs the publication of the following order prohibiting the introduction of lottery tickets into the island of Cuba through the meditn of the postal service or any other agency whatever: No person shall bring or cause to le brought into the island of Cuba from abroad, through the mails or through the custom-house, or any other agency whatever, as merchandise, or as part of baggage, or upon the persons of travelers, for the purpose of disposing of the same, any papers, certificates, or other instruments purporting to be or to represent it ticket, chance, .hare, or interest in or depetdent upon the event of a lottery, so-called gift concert, or other enterprise offering prizes dependent upon lot or chance, or any advertisement of such lottery, so-called gift concert, or enterprise, under the penalty of confiscation of said papers, certificates, tickets, or other instruments, including advertisements, and putishetnut for the first olfetse by a fine of not More than one thousand dollars (tlo)1), or Iv imprisonment for not more than two years, or by toth tine and imprisonment; and for the second and subsequent offenses hY imprisontmtent for not more than five years. ADNA It. CIIAFFEE, Biiyadier-G ,
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138 No. 26. HEADQUARTERS DIVISION OF CUBA, Halbam, Joatoory 18, 1900. The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: 1. Hereafter whatever time prisoners, who may be condemned to any of the correctional or light punishments specified in article 24 of the Penal Code, may have been held in provisional imprisonment shall be counted as a part of their term of service and deducted therefrom. II. A like deduction, but limited to one-half the period of provisional imprisonment, shall be made in favor of prisoners sentenced to any of the punishments known as -exemplary punishment" (pena aftictiva) in article 24 of the Penal Code. ADNA R. CHAFFEE, Brigadier-General, Chief of Staf. No. 116. HEADQUARTERS DIVISION OF CUBA, Haibana, Jfarclh 17, 1900. The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: I. The following shall be guilty of perjury: (1) All those who willfully state as truth a matter or fact which they know to be false, after having taken an oath (or other affirmative form authorized by law as its equivalent) that they will truly testify, declare, depose, or certify before any competent court, judge, official, or proper person, in any proceedings, civil or criminal, or other case in which said oath (or other affirmative form) shall be administered by law; (2) All those who, by inducement, persuasion, or force, succeed in making another guilty of perjury, as in the foregoing paragraph. II. The commission of the crime of perjury shall not be excused on the ground of irregularity in administering the oath (or other affirmative form). III. Perjury is punishable by imprisonment for a period not less than one nor more than twelve years, except those cases wherein the victim of perjury should have suffered capital punishment, or have begun to serve a term of more than twelve years' continement; in the former case the imprisonment shall le thirty years at hard labor, and in the latter for a period not less than twelve years and one day, nor more than twenty years. IV. In all cases when, as a consequence of perjury, an accused per-

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139 son has been condemned to be deprived of his liberty, the punishment imposed on the perjurer shall be equal to the one imposed on the accused. V. The judge or court, at the time of passing sentence on a perjurer, will take into consideration whether the victim of perjury who may have been condemned shall have or not begun to serve the term imposed. VI. The provisions of the Penal Code in force regarding false testimony are amended in conformity with this order. ADNA R. CHAFFEE, Bri/adier-General, U. S. Volnteers, Chief of Staf. No. 150. HEADQUARTERS DsvIsIoN OF CUBA, Idana, April 10, 1900. The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: 1. Paragraphs 1 and 3 of article 342 of the Penal Code are hereby revoked. II. Paragraph 4 of article 467 of the Penal Code is amended to read as follows: "In all cases provided for in this article the implied pardon alone shall discontinue the criminal action or remove the penalty, should this have been already imposed upon the culprit." ADNA I. CHAFFEE, Brigadier-General, U S. vluteis, Chief f 8Itrf. No. 165. HEADQUARTERS DIVISION OF CUBA, IJfdana, Apil 19, 1900. The military governor of Cuba, upon the recommendation of the secretary of state and government, directs the publication of the following order: I. On and after the 1st day of June, 1900, cockfighting is hereby prohibited within the limits of the island of Cuba. II. A fine of five hundred dollars will be imposed upon each and every transgressor of this law. III. All laws or orders or parts thereof in conflict with this order are hereby revoked. ADNA R. CHAFFEE, Brigadier-General, U. S. VOlunteers, Chicf of Stafff.

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140 No. 217. HEADQUARTERS DIVISION OF CUBA, Habana, Xey 28, 1900. The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: 1. Anyone who maltreats any animal, either by subjecting it to excessive work, or by treating it in an improper manner, shall be punished by imprisonment for a period not exceeding five days or by a fine of not more than twenty-five dollars. The amount of weight that may be transported in vehicles or by each animal shall be fixed by each municipality. II. Anyone who cruelly beats, tortures, injures, maims, or kills any animal, whether wild or tame, and whether belonging to himself or to another, shall be punished with imprisonment for a period of not less than five days nor more than fifteen, or by a fine of not less than five dollars nor more than fifty. The same penalty shall be imposed upon any person who permits or procures in any way the commission of the acts above mentioned. III. The penalty provided for in Article II shall also be imposed upon any person who, being the owner, possessor, or having charge or custody of a maimed, diseased, disabled, or infirm animal, abandons it, or leaves it to (lie in a street, road, or public place, or who allows it to remain more than three hours in a street, road, or public place after he receives notice that said animal is left there disabled. Any agent or officer of the municipal or rural police, or of any incorporated society for the prevention of cruelty to animals. may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, which appears, in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered or diseased past recovery for any useful purpose. Whenever the nature of the disease is such as to involve danger, the agent or officer may destroy the animal without consulting' the abovementioned citizens. IV. In transporting animals or cattle, railroad companies are charged not to overload the cars, nor continue their confinement in cars for a longer period than twenty-four consecutive hours without unloading the same for rest, water, and feeding, nor shall such animals be kept without water and feeding for over ten consecutive hours. A railway company or an owner, agent, consignee or person in charge of the animals or cattle who commits any of the above acts or allows them to le committed shall be subject to a penalty of not less than twentyfive dollars nor more than two hundred and fifty. Said penalty shall be not applicable whenever the unloading of the animals or cattle for rest, water, or feeding may have been unavoidably prevented; nor

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141 shall the foregoing provision in regard to the unloading of the animals be applied whenever they are carried in cars in which they can and do have proper food, water, and space for rest. In estimating such confinement, the time during which the animals have been confined On the connecting roads from which the animals have been received, must be computed. If the owner, agent, consignee or other person in charge of such animals refuses or neglects upon demand to pay for the care or feed of any animals while unloaded or rested, as hereinbefore specified, the railway company or other carriers thereof may charge the expenses thereof to the owner or consignee and shall have the right to retain said animals as a lien until the aforesaid expenses are paid. V. A person who in any way is a witness of or aids or cooperates in the furtherance of any fight between cocks or other birds, bull-tights, or fights between other animals, which may be premeditated by anyone owning or having custody of said birds or animals, shall be punished by a fine not less than ten dollars nor more than five hundred dollars or by imprisonment for a period of not less than one month nor more than six. VI. Any person violating the laws with regard to cruelty to animals may be arrested and handed over to the proper authorities for trial and punishment. Whenever any person arrested is, at the time of said arrest, in charge of any animal or of any vehicle drawn by or containing any animal, the police officer or officers making the arrest may take charge of such animal and of such vehicle and its contents and deposit same in some safe place of custody, and all necessary expenses incurred in the care of such property shall be charged to the owner of same. VII. It shall be the duty of all niavors, assistant mayors, municipal police and rural guards to see to the strict enforcement of the provisions of this order, and failure to do so on their part shall subject them to the same penalty as the offender of the provisions of the order; provided, however, that said penalty shall not extend to imprisonment. VIII. The officers or agents of any duly incorporated society for the prevention of cruelty to animals shall have power to make arrests of any persons violating the provisions of this order, inniediately turning them over to the possession of the police or rural guard for the corresponding punishment. lut such oti'ers or agents must for purposes of identification wear the authorized blge of that society, or exhibit evidence of their authority to act as officer or agent thereof. IX. A second or further violation of any of the provisions of this order will be always punished with imprisonment, except where fine alone is provided for, in which case the maximum line shall be imposed. .11. 1ILCKEY,

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142 No. 239. HEADQUARTERS DIVISION OF CUBA, iabana, hune 12, 1900. The military governor of Cuba, upon the reconnmendation of the secretary of justice, directs the publication of the following order: Paragraphs 2 and 3 of article 4s6 of the existing Penal Code, moditied by Order No. 125, Headquarters Division of Cuba, July 31, 1899, are hereby further modified to read as follows, and shall have retroactive effect: ARTICLE 486. No person shall be punished for calumny or libel, except upon complaint of the party or parties offended, whenever the offense is against private individuals, or upon denunciation of the same, whenever it is directed against public authorities or constituted official bodies and corporations of the State, or is included in the offenses defined in Chapter V of Title III of this book. In the first case the granting of pardon by the party offended shall stay all criminal action against the offender or remove the penalty, if this may have been already imposed. In all other cases hereinbefore referred to, after the denunciation has been once made the crime shall be considered public; consequently the Government alone can pardon the offenders condemned for this kind of crime, or declare penal action in such matters ended. J. B. HICKEY, AssiSttant Ad)utant-General.

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MODIFICATIONS OF AND ADDITIONS TO THE PENAL CODE MADE BY THE MILITARY GOVERNMENT OF PORTO RICO. GENERAL ORDERS, l HDQRS. DEPARTMENT OF PORTO Rtco, 11 No. 109. SnJuan, July 31, 1R99. The United States provisional court, instituted by General Orders, No. 88, current series, these headquarters, having been vested with jurisdiction over cases arising in Porto Rico under United States Statutes, the following section of these Statutes will apply to this military department (in addition to the existing local law, articles 150 and 249, Penal Code), and are published for the information and guidance of all concerned: * * SEc. 5336. If two or more persons (in any State or Territory) conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to take, seize, or possess any property of the United States contrary to the authority thereof, each of them shall be punished by a fine of not less than five hundred dollars and not more than five thousand dollars, or by imprisonment, with or without hard labor, for a period not less than six months nor more than six years, or by both such fine and imprisonment. * SEc. 5283. Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel with intent that such vessel shall he employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any f'reign prince or state, or of any colIny, district, or people with whom the United States are at peace, 'r issues or delivers a commission within the territory or jurisdiction of the United States for any vessel to the intent that she may he so employed, shall le deemed guilty of a high misdemeanor, and shall 1e fined not more than ten thousand dollars and imprisoned not more than three years; and every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stres which may have heen procured for the building and equipment thereof, shall be forfeited, one-half to the use of the informer an' the other half to the use of the United States. * * * The following are authoritative opinions relating to the foregoing Statutes: It is also a well-established principle of American law that if a publication be calculated to alienate the affection of the people by bringing the Government into disesteem, whether the expedient res'cted to be ridicule or 'blo"uy, the writer and publisher are punishable; an I whether th cdfn'lant r'-lly int'nded by his publi143

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14 4 cation to alienate the affection of the people from the (iovernment or not is immaterial; if the publication le calculated to have that effect it is seditious. lepredations by our citizens upon nations at peace with the United States, or combinations for committing them, have at all times been regarded by the American Government and people with the greatest abhorrence. Military itcirsions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in its government, or under any pretext whatever, have, from the commencement of our Government, beln held equally criminal on the part of those engaged in them, and so much desetving punishment as whould he the disturbance of the public peace by the perpetration of similar acts wit-hin our own territory. No individuals have a right to hazard the peace of the country or to violate its laws upon vague notions of altering or reforming governments in other states. By command of Brigadier-General Davis: W. P. HALL, Adjutant-(Oioceixl. GENERAL ORDERS. HDQRs. DEPARTMENT OF PORTO Rico. &11n .JiTrn. tIuget 2., 1899. No. 128. In order to avoid as far as possible the annoyvance and damage caused by stray animals, it is hereby ordered1st. Alcaldes are authorized to impose fines for the benefit of the municipal treasuries upon the owners of stray animals found trespassiu; upon private property. 2nd. In the investigation of complaints of this character, alcaldes shall institute oral exanination of the interested parties and their witnesses. For the purpose of taking such evidence the alcalde is authorized to administer oaths. Aigainst his decision there shall he no appeal. :rd. Fines imposed by alcaldes pursuant to the foreroing paragraphs shall lie as follows: For the first offence, one (81) dollar per head. For the second offence within six months, two ($2) dollars per head. For each susequent oitece within six months, three (83) dollars per head. 4th. Persons upon whom tines havo been imposed pursuant to the foregoing paligraph who fail to pay the same within three days shall he arrested and confined in municipal jail one day for each dollar which they may fail to pay. Owners of property who suier damanes frott stray' animals may institute civil action before the proper court for such damies. 5th. A copy of th is order in Spanish and in Eng ish shall be posted publihcl on the door of every atcalde's ottice, for the information and guidance of all concerned. 6th. All laws or orders il ciiflict with the foregoing provisions are hei'iiy revoked. BY command of Brigadier-eneral Davis: W'. P. Ilt.i., Admljtant-C -unvral. (See articles 61t et sel.)

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145 GENERAL. ORDERS, t HixDus. DEPARTMENT OF PouTo Rico, No. 1239. San iun, Aeq ust 2, 1899. 1. It having come to the notice of the department commander that the provisions of the penal code of Porto Rico for the prevention of the crime of duelling have for some years past been disregarded by the authorities charged with their enforcement, and that persons have been permitted to engage in this pernicious practice without official interference or punishment, it is hereby announced that according to the spirit of American law and institutions it is a serious offence to challenge another to fight a duel, either by word or letter, or to be the bearer of such challenge, or to endeavor to provoke another to send a challenge, or to aid or abet in provoking or inciting a duel. To act as principal in a duel, or to participate in a duel as a second, attending surgeon, or assistant to either of the principals in a duel, whether either principal is injured or not, is a high misdemeanor. 2. Where one of the parties to a duel is killed, the survivor is guilty of murder, and all who are present aiding and abetting in the act are accomplices. 3. In order that there may be no misunderstanding regarding this matter in future, it is hereby ordered that all persons who participate in duels as challengers, bearers of challenges, or as provoking or endeavoring to provoke challenges to fight duels, shall be guilty of a misdemeanor and shall upon conviction thereof be punished by imprisonment at hard labor in jail for not less than three nor more than six months. 4. All persons who participate as principals, seconds, surgeons, or assistants in duels where there are no resulting wounds or injuries shall upon conviction thereof be punished by confinement at hard labor for not less than six months nor more than one year. 5. All persons who participate in duels either as principals, seconds, surgeons, or assistants, where one of the parties is wounded, shall be deemed guilty of assault with intent to kill and upon conviction thereof will be punished by confinement in the penitentiary at hard labor for not less than one year. 0. All persons participating in duels either as principals. seconds, surgeons, or assistants, where one of the parties is killed or dies as the result of a wound received in said duel, shall be deemed guilty (as principals or accomplices) of murder, and upon conviction thereof shall be punished accordingly. 7. The district courts instituted by General Orders, No. 114, current series, these headquarters, and the United States provisional court instituted by General Orders, No. es, current series, these headquarters, shall have concurrent jurisdiction over the offences herein described. It is hereby miade the duty of all judges and officers connected with the said courts, and of all municipal judges, alcaldes, and 1571 10

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146 members of the insular and municipal police forces of this island to give immediate information to the nearest court having jurisdiction of any violation of this order. S. All laws, decrees, or orders now or heretofore existing in conflict with the provisions of the foregoing order are hereby revoked and annulled. By command of Brigadier-General Davis: W. P. HALL, [jt/tcatGeowrel. GENERAL. ORDERS, 1-IDQRs. DEPARTMENT OF PORTO. RICo, 1 &m ian, ptmo>er 27, 1899. No. 151. The following orders are published for the information and guidance of all concerned: PURITY AND WHOLESOMENESS OF FOODS, DRINKS, DRUGS, AND MEDICINES. 1. Foods and drinks in the meaning of this order are all articles used for food or drink by man, whether simple or compound. The term drug includes all medicines used by man, whether for internal or external use. 2. No adulterated articles of food or drink shall be made or sold in Porto Rico. Articles ordinarily recognized as foods, which are really mixtures, may be sold if marked with the word "mixture" or "compound." No diseased, decomposed, offensive, or unclean article shall be used in the manufacture of an food, drink, or medicine. 3. No person shall sell in Porto Rico any impure, diseased, decayed, or unwholesome provisions, or any adulterated bread, or any food substance mixed with a poisonous substance. 4. No person, whether owner, manager, keeper of, agent, bartender, or clerk in any saloon, restaurant, hoarding or eatiii house in Porto Rico, shall offer for sale any food or drink containing anything poisonous or unwholesome. 5. No person owning, rntin g, or leasing any stall. rotm, or stand where inilk, meats, Nvgetables, or g roceries are sold as food shall fail to keep said room, stall, or stand in a cleanly condition, nor shall such persons allow such milk, meats, regetables, or grocerics to become poisonous or infected or unfit for food lby reason of uncleanly condition of such stall, room, or stand. 6. No person shall offer for sale in Porto R1ico ayl umwholesome, watered, or adulterated millk, or milk produced fromi cows which are ;isihly diseased or ire kept upon and fed on aurbag, swill, or other deleterious sustamcis. i. No person in Porto Rico shall sell ainy article of food or drug which is not of the nature, substance, and duality of the article demanded by any purchaser: and no person shall sell any compound

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147 food or drug which is not composed of ingredients in accordance with the demand of the purchaser. S. No person in Porto Rico shall substract from any article of food any part of it. so as to affect injuriously its tuality, substance, or nature; and no person shall sell any article so altered without making disclosure of the alteration. A All drugs sold must be of the standard quality and strength prescrited in the Spanish or United States pharmacopcias. 10. All compound, proprietary, patent, or secret remedies sold in Porto Rico shall hear upon the bottle, box, or package an exact formula, stating the constituents of the medicine or remedy. 11. No pharmacist not a legally qualified physician shall prescribe remedies for the sick. Every bottle, box, or package containing any medicine or drug shall be labeled with the name of the same and with the name of the physician who wrote the prescription. Pharmacists shall not sell arsenic, strychnine, or their compounds, or other drugs commonly known as deadly poisons, except upon the prescriptions of legally qualitied physicians. Before such sale is made the name of drug and its quantity, the name of the physician prescribing, and also the name of the purchaser shall be entered in a book especially kept for the pmpose. The purchaser shall sign his name in a book below the entry made by the drugiist. Every bottle, box, or package containin,,g a dan gerous dru. shall be distinctly labeled "'v .and the person shall 1e warned of the natore of the article. 12. Violation of the provision of this regulation shall, upon conviction, be punished with a fine of not less than $10 nor more than $200, or imprisonment for not less than five nor more than ninety days, at the discretion of the court. By comnunad of Brigadier-General Davis: W. P. HALL, Adj tant-General. GENERAL ORDERs, 1 HDQRS. DEPTmmENT OF PouTo Rico, 8'on Juan, .hr / 29, 1899. 1 No. 152. Upon the recoimmendation of the judicial board, the following is published for the information and guidance of all concerned: I. In all cases wherein under the penal code now in force tribunals of justice iiay impose confinement as a punishment for crime the several courts hating jurisdiction to impose such punishment are hereby authorized to add the imposition of hard labor to such punishment during the term of imprisonment wherever. in their judgment, the imposition of such labor may be advisable. II. The court shall include in its sentence the designation of the jail wherein the prisoners sentenced for terms of less than six months shall serve their imprisonment, but the place of confinement of such

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148 prisoners may be changed by the board of prison control whenever the jail is crowded, or for other good cause. III. All persons hereafter sentenced by the U. S. provisional or insular courts to imprisonment for a longer term than six months as a punishment for crime shall be imprisoned within the penitentiary at San Juan, and shall be subject during such confinement to all the rules and regulations of said penitentiary. IV. All laws, orders, or decrees, or parts thereof, inconsistent with the provisions of this order are hereby repealed. By command of Brigadier-General Davis: C. H. Ham, Jfajor, Inspector-General U. S. A., Acting Adjutant-General. GENERAL ORDERS, ) HDQRs. DEPARTMENT OF PORTO Rico, I No. 54. San ,Joan, /larch 12, 1900. I. The following act of Congress, approved February 7th, 1896, is made locally applicable to this department, and is published for the information and guidance of all concerned: Any person who, in any of the Territories or the District of Columbia, shall voluntarily engage in a pugilistic encounter between nan and man or a fight between a man and a bull or any other animal, for money or for other thing of value, or for any clampionship, or upon the result of which any money or any thing of value is let or wagered, or to see which any admission fee is charged, either directly or indirectly, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary not less than one nor more than five years. By the term "pugilistic encounter,' as used in this bill, is meant any voluntary fight by blows by means of fists or otherwise, whether with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money or any thing of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly. I1. The district courts instituted by General Orders, No. 118, series 1899, these headquarters, shall have jurisdiction of all violations of this law, subject to the limitations of General Orders, No. 88, series of 1899, these headquarters. By command of Brigadier-General Davis: W. P. AlhtL , .vIdr/tantGeneral. GENERAL ORDERs, i IDQRS. DEPARTMyENT OF PoRTo Rico, ,un Juan, April 25. 1900. I No. 87. Upon the recommendation of the superior board of health, paragraphs 10, 11, and 12, of General Orders, No. 151, series of 1899, Headquarters Department of Porto Rico, are hereby revoked, and the following substituted therefor:

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149 10. Paragraph S, of article 11, of the Spanish tariff law, in force inunediateli prior to the American occupation of Porto Rico, prohibited the importation of pharmaceutical preparations or secret remedies of unknown composition, or the formulas of which have not been published." (Aranceles de Aduanas, Disposicion Undecima, art. S.) With a view to carrying out the provisions of this former law, it is hereby ordered that on and after July 1, 1900, all proprietary, patent, or secret remedies sold in Porto Rico, shall bear upon the bottle, box, or package a number which shall correspond with the number on a duly attested formula, stating the constituents of the medicine or remedy, which formula must be deposited in the archives of the superior board of health of Porto Rico. A fee of twenty-five (,25.00) dollars will be paid to the superior board of health of Porto Rico, for the registration of each formula deposited under the provisions of this paragraph, which money, after deducting the necessary expenses of registration, will be turned into the treasury and applied toward the support of the laboratory of the superior board of health. 11. No pharmacist, not a legally qualified physician, shall prescribe for the sick. Every bottle, box, or package containing any medicine or drug, must, when dispensed, be labelled with the name of the same, or if dispensed on prescription, with the number of the prescription and the name of the physician who wrote it, as well as that of the pharmacist who compounded it. Pharmacists will file all prescriptions dispensed by them, and must not sell arsenic, strychnine, or their compounds, or other drugs commonly known as deadly poisons, except upon the prescriptions of legally qualified physicians. Before such sale is made, the name of the drug and its quality, the name of the physician prescribing it, and also the name of the purchaser, shall be entered in a book especially kept for the purpose. The purchaser shall sign his name in the book below the entry made by the druggist. Every bottle, box, or package containing a dangerous drug, shall be distinctly labelled "POISON," and the purchaser shall also he warned of the nature of the article. 12. Violations of any of the provisions of this order, or of any remaining provisions of General Orders, No. 151, series of 1899, these Headquarters, shall, upon conviction, be punished by a fine of not less than ten (Ui. o) dollars, nor more than two hundred (200.00) dollars, or by iuprisonment for not less than fire nor more than ninety days, or by both such fine and imprisonment at the discretion of the court. The distri( t courts instituted by General Orders, No. 114, series of 1899, these headquarters, shall have jurisdiction in cases arising under this order, subject to the provisions of General Orders, No. 88, series of 1899, these headquarters. By command of Brigadier-General Davis: Wu. E. ALMIT, Actin~y AdIjutant-General.

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PENALTIES. The translation of legal words and phrases from Spanish into English presents certain difficulties because Spanish and English procedure are so different. While both have some features in common, there are to he found courts, officials, and methods peculiar to each for which no exact equivalent can be found in the other language. The translator must be constantly on his guard against making an interpretation of law, and should never hesitate in a legal translation to sacrifice, what may be called good English, for fidelity to the original text. It therefore becomes necessary at times to leave the original expression untranslated rather than make a paraphrase of an expression for which there is no exact equivalent. This feature of legal translation may be illustrated by calling attention to the manner in which Spanish law deals with the subject of penalties. They are divided into corporal (nl/etic s), correctional (correccionales), and light (/ 'cs). There are penalties common to these three classes and also accessory penalties (penas accesorias), fractional penalties (penes fraceonle/ s), and composite (compustas), and from these different classes there have been developed in the penal code sixty degrees of penalties. The penalties a(///(/(ir or correccinaes employed in the penal code, which are included in the general scale of article 24, are comprised in one or more of the six graduated scales of article 90, formed for the purpose of regulating the increase or reduction of certain penalties for crimes committed, frustrated, or attempted, for complicity therein, concealment, and for the purpose of taking into account aggravating or extenuating circiuistatces. A simple penalty accordig to the greneral scale would be, for examplerwr,0(,csto j/' ,ns correcciuno/, or banishment. A double penalty is created by the imposition of two or iore simple penaltiesas, for example, arrest mayw and a fine. An alternative penalty leaves the imposition of one, two, or more simple penalties to the discretion of the court-as, for example, ,rrcsio /oa,' hainishmient, or a fine. Fractional penalties are those which permit the imposition of one or two stated degrees of a given penalty and even of a certain portion or combination of penalties-as, for example, rrrsh, maoe in its maitximum degree, or pi','5/1 cIrrecio/Oiil in its minimnut and medium degrees. At other times penalties c' ucsti.s are imposed, these 150

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151 being two or more penalties either to their fullest extent or dividedas, for example, eadena temporal to cadena perpeta, or atr/eto mayor in its maximum degree to prision correcceonal in its minimum degree. Such varied and multiplied combinations of penalties have given rise to what may be called nine scales and sixty degrees of penalties, as is shown in the following table, while the second table shows the duration of the penalties in all their forms and combinations. GROUPS AND SCALES OF PENALTIES. In the first group are included the six scales of penalties given in article 90, which are fundamental and necessarily serve as a basis and guide for the rest. In the second group are included the penalties composed of two or more divisible or indivisible penalties, but indicated in their full extent. In the third group are included those composed of one or two indivisible penalties and of the maximum degree or of the medium and maximum of a divisible penalty. In the fourth group are included the penalties formed with three or more degrees of two penalties, subdividing them by the same rule into three, four, or five degrees. In the fifth group are included the subdivided penalties of three or more degrees. In the sixth group are included the penalties formed of two degrees of one or two penalties. In the seventh are included the subdivided penalties of two degrees. In the eighth group are those with but one degree. In the ninth group are included the subdivided penalties of one degree. FIRST GROUP. [Graduated scales of article 92 of the Code, and which are therefore considered fundamental.] Scale Jo. 1.-Death, cadena perpetua, cadena temporal, presidio mayor, presidio corr-ccional, ariesto. Scale No. 2.-Death, r clusion perpetutn, reclusion temporal, prvabm mayor, prision orrccional, a'resto. Scale No. 3.-Relegacion prpetua, relegacidn temporal, conftnamiento, banishment, public censure, caution. Scale At. 4.-Perpetual expulsion, temporal expulsion, cokfrnaamiento, banishment. public censure, caution. Secale .-Perpetual absolute disqualification, temporary absolute disqualification, suspension frtom public office, the right of suffrage (active and passive), profession, or trade.

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152 Ieu/n Ja. &.-Perpetual special disqualification for public office, the rilht of suffirate (active or passive), profession, or trade; temporary special disqualification for public office, the right of suffrage (active and passive), profession, or trade; suspension from public office, the ri iht of suffrage (active and passive), profession, and trade. SECOND GROUP. [Penalties composed of two or more divisible or indivisible penalties to their fullest extent, which in their reduction are governed by the second rule of article 76.] Scale No. 7.-Cadena perpetwa to death, cadena temporal, presidio mayor, presidio correcconal. Scale N. S.--Reclusin peipetaa to death, reclostrin temporal, prisidn mayor, prision corrccional, ar resto. Scale l0. 9.adena temporal to cadena perpetua, presidi) mayor, presidio correccional, arresto. Scale N. 10.-Temporary absolute disqualification to perpetual absolute disqualification; temporary special disqualification, suspension from public oflice, the right of suffrage, active and passive, profession or trade. Scale o. 11. -l.--'eclursidn tenpor l to revl. icni perpetua, prisiin mayor, prision correci';nl, arr'sto. Scale No. 12.-Rerlusonb tnpirial to death, prisiont. mayor, jri.vicn co?'reccional, arIesto. THIRD GROUP. [Per.alties composed of one ,r two indivisible penalties and of the maximum degree (or of the medium and maximum) of a divisible penalty, which in their decrease are governed by the third rule of article 74.1 Scale No. 13.-(adtno t ipowh/ in its maximum degree to cadena perpet2[a; presido mayor' in its maxinun degree to cad,-n a-mporal in its medium degree; pe r di/ corrC, ona/ in its mnaxiiui (Iegree to presidio )awyor in its medium degree; arrt stIo oiayor in its maximum degree to pres idio cirvreion / in its mediumt degree. Scale l a. 14.-C1i"na t npo! in its naxinun degree to death; presidio ayor in its maximum degree to ci,-an t-mporal in its Imeditum degree. (The decrease follows as in the above; it is the third case of the demonstrative table of article 75.) Sca/e lo. 1.--Tenporary absolute disqualitication in its ilaxinui degree to perpetual absolute disqualification; suspension front in its maxintun degree to temporary absolute disqualitiction in its medium degree; fine to suspension in its iidiumt degree. Scale LW). 16.-Rc(-iohbn 1, mptnid in its maxiitnum degree to death; prision -twayor in its maxinu degree to reclusidn temporal in its

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153 medium degree; prsion correctional in its maximum degree to priidon moayor in its medium degree; a rresbo n'qor in its m axmumu degree to priLio ew ccw/moa! in its mediuni degree; fine or 'acrto mayor in its medium degree. Scale ',. 11.-R legacion tempocal in its maximuni degree to relegacion perpetfia; er amiento in its maximum degree to releqacidn temporal in its medium degree; banishment in its maximum degree to confnamiento in its medium degree; public censure to banishment in its medium degree. Scale moo. i.-6adena 'tmpural in its miediumn degree to cadena perpetaa; prewidio mayor in its medium degree to cadeoa tmporal in its minimum degree; pre/dlo correccbonal in its medium degree to presidio mayqor in its mininnun degree; arresto moayor in its medium degree to pretilio covr~r/omal in the minimum degree; fine to arresto mayor in its minimum degree. FOURTH GROUP. [Penalties composed of three or more degrees of two penalties, which in their decrease are governed by rule fourth of article 74.] Scale iVo. 19--Ar ato mayor ;n its maximum degree to pr/.l/f /n correccfioal in its medium degree; fine to /tffk)/ mayor in its mediunim degree. Scale No. 20.-Pre.Yi/dio co/lreccional in its maximum degree to presido mayer in its medium degree; aitrrr t o''yor in its maximum degree to presidio correci/oanal in its medium degree; fine to arresto mayor in its mediun degree. Scfle o>. 21.-PresiUd/ moyt r in its medium degree to cadena temporal in its minimum degree; prea/d/o correccooal in its medium degree to pris (If/d/ (yor in its ininimum degree; a r, to mayor' in its medium degree to po,/d/o eovrre /ola/ in its minimum degree; fine to arresto f/Iayae in its mininimum degree. Scale 1V%. 22.-Pr/a/n /ayor in its medium degree to reclu .ion temporal in its minimum degree; pris/on correccional in its medium degree to pri;s/fn fmayor in its minimum degree; arresto mayor in its medium degree to pr/ao f correc/onl in its minimum degree; fine to arrest(, m/yor in its liinini nun degree. in its maximum degree to Scale 3. 2.-iuspension fro temporary absolute disqualitication in its medium degree; fine to susin its mediumn degree. pension from Scale X>,. 24 (of four degrees).-Acrresto ffayllr to prisiin correacianal in its minimun degree; tine. Scale lo. 25.-(m i nA t, in its miaximum degree to rIleQaCrde temporal ; banishment in its naxim i degree to coa1/namieto in its medium degree; public censure to banishment in its medium degree; caution; tine.

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154 Recale No. 26.-Temporary special disqualification in its maxinmm degree to perpetual special disqualification; suspension from in its, maximum degree to temporary special disqualification in its medium degree; fine to suspension in its medium degree. reale No. 27.-Suspension in its medium and maximum degrees to emporary absolute disqualification in its medium degree; fine to suspension in its minimum degree. Scale No. 27.-Suspension in its medium and maximum degrees to temporary absolute disqualification in its medium degree; fine to suspension in its minimum degree. Scale No. 28 (of five degrees).-Presidio correccional to presidio mayor in its medium degree; arresto mayor; fine. Scale iVo. 29.-Prision mayor in its medium degree to reclusion temporal; prisin correccional in its medium degree to prision mayor in its minimum degree; arresto mayor in its medium degree toprision correccional in its minimum degree; fine to arresto mayor in its minimum degree. FIFTH GROUP. [Subdivided penalties composed of three or more degrees included in the fourth group, which decrease according to rule 5.] Scale No. 30-The minimum degree of presidio correecional in its medium degree to pre.idio mayor in the same degree; the minimum degree of arresto mayor in its medium degree to presidio correccional in its minimum degree; fine (or the minimum degree of fine to arresto mayor in its minimum degree). Scold No. 31.-The maximum degree of preaidio correccional in its medium degree to presidio mayor in its minimum degree; the maximum degree of arresto mayor in its medium degree to jresidio correccional in its minimum; arresto mayor in its minimum degree (or the maximum degree of fine to arresto mayor in its minimum degree). Scale No. 32 (of three degrees).-The maximum degree of preidio correccional in its maximum degree to rf/ d/ lmayr in its medium degree; the maximum degree of arresto mayor in its maximum degree to presado' correccional in its medium degree; arresto mayor in its medium degree (or the maximum degree of fine to arresto mayor in its medium degree). Scal Ao. 33 (of three degree).-The maximum degree of pr sidlo mayor in its medium degree to cadena temporal in its minimum degree; the maximum degree of jr)esidio correccional in its medium degree to jresidi; may'o in its minimum; the maximum degree of aiveto mayor in its medium degree to presidiu corvrm/onal in the minimum; arresto mayor in its minimum degree (or the maximum degree of tine to arresto mayor in its minimum degree).

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155 Scale A>. 34 (of five degrees).-The maximum degree of presidio correccional to jnisd., oaayor in its medium degree; the maximum degree of arrexto mayor; fine. SIXTH GROUP. [Divided penalties which are formed with two degrees of one penalty or of two distinct penalties.] Sca'li Ye'. 5. --> (1nJi 7ano Sbt, in its imiinimium and medium degrees; banishment in its medium and maximutm degrees: public censure to banishment in its mininmun degree; caution. Scabe 3.I G. --Banishinen t in its minillinl and nediunm degrees; public censure: caution. Scale lo. 17.-Temporary absolute disqualitication in its minimum and medium degrees: suspension in its nedium and maximnun degrees; fine to suspension in its minilnunl deg ree. SCal l>. J'S.Pr,/id/o ,,'e, onal in its imaxiln11u degree to presidio otayor in its miniun degree; pr,.'id/ o orrec ional in its minimum and medium d egrees; ar o l/mayor in its inedium and maximum degrees: fine (or ar,, to oayor in its miniium degree). S' rat, .Jo..-)Pr .ado m.ayor in its minimum and medium degrees; pr'ewSdb' ,'oa'rrt"ctNad in its medium and maximum degrees; a ii'rr to flmayor ill its iaximulim degree to 1re .dhi ior tv, rec/omd in the iminimumnm degree: arresto matyor in its minini and medium degrees; fine. .'tvtd, V(,. 40. Pr i ,%~ ayor in its mediie i id maximum degrees; prNinorreccimdl in its miaxinuu degree to pr;. x /i mayor in its minimum degree; pris/m n ,.,orrce/one/ ii its minimum and medimn degrees; arreto mayor in its medium and maximum degrees; fine to arresto mayor in its liminlun degree. Scalr lo. 4l1.-l S;l temp1oral in its medium and max imi degrees; prisoh .myor in its maximum de,,ree to rec ls-ion temirtpo/l in its liniuiin degree: }risi;/ mtyor in its mini um1 and mediul degrees; ro l-ixl 'orre< /onal in its medium and maximum degrees; err sto , monyor in its maximum degree to pris iin', irsrCcciotal ill its minimum degree; arremto 9myor in its minimumi and medium degrees; tine. ,C.eale Jo. 4.-Suspension in its maxinlun degree to temporary absolute disqualification in its miniium degree; suspension in its minimum and medium degrees; fine. SEVENTH GROUP. [Sudihvid ed penalties frmved with two degrees of one penalty or of two distinct penalties.] 'e/L. -S. 13.-The minimum degree of amrto myosrr in its maxinunn degree to priain correticaoAl in its minimum degree: the minimum degree of arresto mayor in its minimum and imedium degrees; fir

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156 Ncalc o. //.-The maximum degree of presidio correccioal in its umaxinn degree to prmaidio mayor in its minimum; the naxiinum degree of pro id;') cor" (r"';oa in its minimum and medium degrees; the maximum degree of arres/o mayor in its medium and maximum degrees; arrest)o mayor in its minimum degree (or maximum degree of fine to arresto mayor in its minimum degree). Scale Xo. 45.-Maximum degree of prisio'n correecional in its minimum to medium degrees; maximum degree of arresto mayor in its medium and maximum degrees; maximum degree of fine to arresto mayor in its minimum degree. Sealelo. 46.-Maximum degree of prision correccionai in its medium to maximum degree; maximum degree of wrre to mayor in its maximum degree to prision correcciomal in its minimum; maximum degree of arresto mayor in its minimum and medium degrees; fine. EIGHTH GROUP. [Divided penalties which include but one degree of divisible penalties.] Scale IVo. 47.-Arresto mayor in its minimum degree; tine. Scale o. 4.--Arresto mayor in its medium degree; fine. Scalc -o. 1.9.-Arresto mayor in its maximum degree; fine. Scale l'e. 50.-adena temporal in its maximum degree; presidio mayor in its maximum degree; presvdio c(urrccioemal in its maximum degree; arresto ma/yor in its maximum degree. Scale i o. 51.C njinamie"nto in its minimum degree; banishment in its minimum degree; public censure; caution. Scale 37o. 52.--Temporary absolute disqualification for public office -in its minimum degree. in its niininui degree; suspension from Scale l1o. 53.-Temporary special disqualification in its minimum iln its mlinimnun degree. degree; suspension from Sctle -X0. .54 .-Rel(/yact;n tm-jomal in its iiaxinn111n degree; cMimfiento in its maximum degree; banishment in its maxiiuni degree; public censure; caution. Scale lo. 5 .-/ su/o correccioal in its medium degree; arresto mayor in its medium degree; fine. Scale No. 56.-1 %sodo mayor in its mininlui degree; pjr",vd/ correccion al in its minimum degree; arresto miayor in its minimum degree. Scale o>. b7.--,rid /o mayor in its medium degree; pre'smdio correccional in its medium degree: aresto maymor in its mediuni degree; fine. kcale f>. 58.--Cdenma temporal in its minimui degree: prsidio meayor in its minimum degre ; presidio (otv-ecional in its minimum degree; arra.sto mayorW in its mlininniu degree.

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157 NINTH 0110OUP. [Subdivided penalties of the eighth group.] Scale Nn. 59.-M'aximum degree of comniumiento in its maximum degree; maximum degree of that of banishment in its maximum degree; public censure; caution. Scale Y>. 60.-Maximum degree of rl-gacbin temporal in its maxinnun degree; maximuin deg.ree of cofinao cento in its maximum degree; maximum degree of banishment in its maximum degree; publie censure; caution.

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General table of the duration of penalties in all the forms and combinations prescribed in the code and their division into 1 ~s. Time included in the entire I Time included in its minimum I Time included in its medium [ Time included in its maximum Penalties. degree. degree. degree. penalty. From 2 months and 1 day to 4 I From 4 months and 1 day to 6 From 1 month and 1 day to 6 From 1 to 2 months months. 1. Arresto mayor. months. months. 2. Arresto mayor in its minimum From 1 month and 1 day to 2 From 1 month and 1 day to 1 From 1 month and 11 days to 1 I From 1 month and 21 days to 2 month and 20 days. months. month and 10 days. degree. months. 3. Arresto mayor in its medium From 2 months and 1 day to 4 From 2 months and 1 day to 2 From 2 months and 21 days to 3 From 3 months and 11 days to 4 monthe. months and 20 days. months and 10 days. degree. months. 4. Arresto mayor in its maximum From 4 months and 1 day to 6 From 4 months and 1 day to 4 From 4 months and 21 days to 5 From 5 months and 11 days to 6 months. months and 10 days. degree. months and 20 days. months. 5. Arresto mayor in its minimum From 1 month and 1 day to 4 From 1 month and 1 day to 2 From 2 months and 1 day to 3 From 3 months unid 1 day to 4 and medium degrees. 6. Arresto tmasr in its medium and maximum degrees. months. months. months. months. From 2 months and 1 day to 6 From 2 months and 1 day to 3 From 3 months and 11 days to 4 From 4 months and 21 days to 6 months. months. months and 10 days. months and 20 days. From 3 months and 21 days to 4 M 7. Maximum degree of arrests From 3 months and 1 day to 4 From 3 months and 1 day to 3 I From 3 months and 11 days to 3 cli mayor in its minimum and months. medium degrees. months. months and 10 days. months and 20 days. Wn 5. Arresto mayor toprion correcFrom 1 month and 1 day to 2 j From 1 month and 1 day to 10 From 10 months and 1 day to 1 From 1 year 7monthsand 1 day cional in its minimum deyears and 4 months. gree. to 2 years and 4 months months. year and 7 months. 9. Arresto mayor toprisidn rorreI From 1 month and 1 day to 6 I From 1 month and 1 day to 2 From 2 years and 21 days to 4 From 4 years and 11 days to 6 ieonal in its maximum desears. years and 20 days. years and 10 days. years. gree. 10. Arresto mayor in its medium degree topriaidn (or premidio) correreional in its minimum degree. 11. Arresto mayorin its maximum degree to priidn (or presidio) rorrerional in its minimum degree. 12. Arresto mayor in its maximum From 2 months and 1 day to 2 Arresto mayor in its medium deArresto mayor in its maximum j Priirn carreccional in its minyears and 4 months. imum degree. degree. gree. From 4 months and 1 day to 2 tFrom .t months and 1 day to 1 From 1 year and 1 day to 1 year Fr 'in 1 year 6 months and 1 years and 4 months. dait to 2 years and 4 months. and 8 months. year. From 4 months and 1 day to 4 Arresto riayer in its maximum P Prisio r rsric rioal in its miniPriai6n corrccional in its medegree to prisirn (or oldio) correceional ili medmm degree. preyears and 2 months. its degree. dium degree. mn degree.

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13. Maximum degree of arrsa I', Prsiieo eorrrecional in its miniFrom 6 months and 1 day to 1 [ From 1 year 1 month and 11 days | From 1 year 8 months and 21 srieis in its medium degree uimdegree. (From6months I year 1 montioil a 10 stays. to prsdis irrcciOnl i ' snt 1 day to 2 years and 4 its Ill lll um. l onths. to1 year 8months and 20 days. days to 2 years and 4 months. Hi. M4inimum degree of arresf From 4 months and 1 day to t From 4 months 1tti1t 1 day to 6 I From 6 months and 21 days to 9 From 0 months and 11 days to 1 months and 20days. months and 10 days. nuti/or in its maximum deyear. gree to prixi rll segr l mn its minimum degreo. year. 15. Staxilnilm degree of lrrs/i F-rsm 1 year 8 timitho and 1 day I t'riii 1 year 8 ionths and 1 day 1"roiim 1 year to i montths atd 21 From 2 years 1 month and 11 to 1 year 10 months and 20 days. days to 2 years 1 month and 11I days to 2 years and months. stays. iiy/r il its maximum d gree to priaiii ieircrstonal Il its minimum. to 2 years and 4 months. From 12 years and 1 day to 20 From 12 years and 1 day to 14i From 1t years 8 months ani 1 I From 17 years 4 months and 1 16. Ctadea tempril. years and 8 months. day to 17 years and 4 months. day to 20 years. yeas. 17. ('cadena te-psral to ea perFrom 12 years and I day to From 12 years and 1 day to 16 From Ili years and 1 day to 20 cad ia pereelia. Caena perpuC a. years. years. pet a. 1to litrn t-mpral in its medium From 14 years 8 months slt 1 /The medium degree of eidena tMaximum degree of cadena teniday to ne, mii perp'tIn. temp ru-1i. plol. degree to cadena perpelm. Do. 19. Sli um degree of idena From 17 years 4 months and 1 Front 17 years 4 mionths and I I From 18 years 2 months soil 21 day to 18 years 2 months sad days to 10 years 1 month aiid From 16 years 1 month and 10 day to 20 years. teipiral. 20 dtays. 10 days. days to 20 years. CZ2 20. en' tesIorali is tts maxiFrom 17 years 4 months and t From 17 years 4 months and 1 From 18 years 8 months and 1 I C/dinmiepeua, day to 18 years and 8 months. day to 20 years. eili degree to radena perdeay to cadenta perpesu. jliila. 21. Oldma te piirai m its maxiFrom 17 years 4 months and 1 Cadena t-eporal in its maxisCada perpeiui. Leath. day to dealt. mum desrec. mum degree to death. Cadoi perpeia to death . /o-aen prpee (according to (edens perpeai (according v the rules of article 70), the rules of artice 79). 22. in/s 'peelua to death Do. From 6 years and 1 day to 12 From 6 years Mid t day to 8 From 8 years and 1 day to 10 From 10 years and 1 day to 12 "2.. (tnimvtien. years. years. years. years. 2. 5itnaie-nit in its mitnimmsi From 6 years and 1 day to 8 From 6 years and 1 ilay to 6 From 6 years 8 months and 1 From 7 years 4 months and 1 sears and 8 months. day to 7 years and 4 months. ldegree. day to 8 years. years. 25. COsJmnariento il its minimum From 6 years and 1 day to 10 j From 6 years and 1 day to 7 From 7 years 4 months and 1 From 8 years 8 months and 1 ,ears and 4 months. day to 8 years and 8 months. ad medium degrees. day to 10 years. years. 26. tn/eceamindo in Its xiiiiFrom 10 years Mild 1 day to 12 e From 10 years and 1 duy to 10 tProm 10 years 8 months and 1 From 1 years 4 months init 1 years and 8 months. day to 11 years and 4 months. munm degree. day to 12 years. years.

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General table of the duration of penalties in all the forms and cmnbinations prescribed in the code and their division into degrees-I. ntinued. Time included in the entire Time included in its minimum I Time included in its medium I Time included in its maximum Penalties. degree. degree penalty. degree. 27. Maximum degree of connaFrom 11 years 4 months and 1 From 11 years 4 months and 1 From 11 years 6 months and 21 From 11 years 9 months and 11 mieno in its maximum deday to 12 years. gree. day to 11 years 6 months and days to 11 years 9 months and days to 12 years. 20 days. 10 days. 28. Conflnsuieto in its maximum From 10 years and 1 day to 20 From 10 years and 1 day to 13 From 13 years 4 months and 1 From 16 years 8 months and 1 degree to relegarin temyears. prtal day to 20 years. years and 4 months. day to 16 years and 8 months. 29. Disqualification in its miniFrom 6 years and 1 day to 8 ! From 6 years and I day to 6 I From 6 years 8 months and 1 From 7 years 4 months and 1 mum degree. day to 8 years. years and 8 months. day to 7 years and 4 months. years. 30. Disqualification in its miniI From 6 years and I day to 10 1 From 6 years and 1 day to 7 From 7 years 4 months and I -From 8 years 8 months and 1 mum and medium degrees. years. years and 4 months. day to 10 years. day to s years and 8 months. 31. Disqualiiction in its maxiFriom tO years and I day to perI From 10 years and 1 day to 11I From 11 years and 1 day to 12 1 Perpethal disqualification. tmun degree to perpetual petual disqualification. years. years. disiluahlication. i-A O 32. Temporary absolute disqualiFrom 6 years and 1 day to perI From G years and 1 day to 9 From 9 years and 1 loy to 12 Do. lieation to perpetual. petual disqualification. years. years. 33. Pi-sicdi, prision correccional I From 6 months and 1 day to 6 | From 6 months and 1 day to 2 From 2 years 4 months and 1 I From 4 years 2 months and 1 and banishment. years and 4 months. day to 6 years. day to 4 years and 2 months. years. 31. Preidioctt-rrecuital in its minFrom 6t months and 1 day to 2 From 6 months and 1 day to 1 .From 1 year I month and 11 days From 1 year 8 months and 21 tum degree. years and 4 months. to 1 years months attd 20 days. days to 2 years and 4 month. year 1 moth and 10 days. 35. Preeidio corretisaIl it its meFrom 2 years 4 months and I day I From 2 years 4l months and 1 day I From 2 years 11 months and 11 |From 3 years 6 months and 21 dium degree. to 4 years and 2 months. to 2 years 11 monthsand 1t days. days to 3 years 6 months and 20 days to 4 years and 2 motths. days. 36. Presidi turrecional in its minFrom 6 months and 1 dayt 4 to 41 Frm inai monttsis ad 1 to I 2 Fri1 t ri 5 tt saisit 3 ats From 2 years 11 months and 11 imumt and medium degrees. years and 2 months. (a2 years 11 monthsand 10 days. days to 4 years and 2 motths. year 8 months and 20 days. 37. Preidi crecrcional in its medium and maximum degrees. From 2 years 4 mnth tnd 1 day From 2 years 4 months and 1 day From 3 years 6 months and 21 From 4 years 9 months snd 11 to 6 years. Ia 3 tears 6 miithsituid 30 diys. clays .4 years 9 months and 10 days to 6 years. days. 88. Prcesidi correireiitl in its maximum degro.. From 4 years 2 months and 1 day From 4 years 3 motthsand 1 clay I From 4 years 9 months and 11 From -years 4 moths and 21 to 6 years. to 4 years 9 months and 10 lays. days to5 years 4 months and 20 days to 6 years. I days. 39. Ptesidio racrrecrional in its meFrom 3 years 4 monthsand 1 day dium degree -ti> prrsidis to 8 years. maysr in the mitimum. The medium degree .of presidio j The maxiiutmi degree of presidia The minimum degree of precrrueccisn c tidio mayor. carreccional.

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eorrrerienal in its I From 4 years2months and 1 day i From 4 years2months and 1 day From 5 years 5 months and 11 From 6 years 8 months and 21 40. Presidio to 5 years 5 months and 10 days. days to 6 years 8 months and 20 days to 8 years. maximum degree to presidie to 8 years. mayor in its minimum degree. days. k 1. PrFidi correerional in its From 4 years 2 months and 1 day The maximum degree of presidio I The minimum degree of presidio The medium degree of presidio corrercinnal. maximum degree topreidio to l0 years. mayr in its medium degree. mayor. mayor. From 6 months and 1 day to 10 From 6 months and 1 day to 3 | From 3 years 8 months and 1 day I From 0 years 10 months and 1 12. irsitit o rreteciosal to preidi to 6 years and 10 months. day to 10 years. years and 8 months. mayor in its medium degree. years. From 2 years 4 months and 1 day From 2 years 4 months and 1 day From 2 years 11 months and t 11 From 3 years 6 months and 21 H 4:;. Minimum degree of presidio to 2 years11 moths and 10 days. days to 3 years 6 months and 20 days to 4 years and 2 months. days. rorreI naal in its medium to 4 years and 2 months. degree to presidio mayor in its minimum. From 2 years 11 months and 11 From 2 years 11 months and 11 From3 years4 monthsand8 days From 3 years 9 months and 4 days to 4 years and 2 months. days to 3 years 4 months and 7 to 3 years 9 months and 3 days. days to 4 years and 2 months. days. Maximum degree of presilio 14. enrrreritrs in its minimum and medium degrees. 45. Maximum degree of presidio From 4 years 9 months and 11 From 4 years 9 months and 11I From 5 years 2 months and 8 I From 5 years 7 months and 5 days to 5 years 2 months and 7 days to 5 years 7 months and 4 I days to 6 years. ear, recional in its medium to days to 6 years. the maximum degrees. days. days. 46. Maximum degree of presidio From 6 years and 1 day to 8 j From 6 years and 1 day to 6 years From 6 years 8 months and 1 day I From 7 years 4 months and 1 and 8 months. to 7 years and 4 months. day to 8 years. Q: srreeional in its medium years. degrtt to presidio mayor in the minimum. 5-4 47. Maximum degree of presidio From 6 years 8 months and 21 I From 6 years 8 months and 21 From 7 years 1 month and 25 From 7 years 6 months and 28 days to 7 years 1 month and 24 days to 7 years 6 months and 27 days to 8 years. eorreeitonal in its maximum days to 8 years. degree to pr-sidio myor in the minimum. days. days. 48. a ximum degree of presidio From P years and 1 day to 10 From 8 years and 1 day to 8 years From 8 years 8 months and 1 day From 9 years 9 months and 1 etrrtrrtional in its maximum years. (Medium degree of preand 8 moths. to 9 years and 4 months. day to 10 years. degree to prtsidio mayor in sidio mayor.) Its mettium degree. From 6 years 10 months and 1 From 6 years 10 months and 1 From 7 years 10 months and 21 From 8 years 11 mouths and 11 49. Maximum degree of presidio eorrecioal to presids mayor it its meditm degree. 60. Presidio: Prisitn mayor....... day to 10 years. day to 7 years 10 months and 20 days to 8 years 11 months and days to 10 years. days.. 10 days. From 6 years and 1 day to 12 From 6 years and 1 day to 8 From 8 years and 1 day to 10 From 10 years and 1 day to 12 years. years. years. years. 51. Prisil iaeor in its minimum and medium degrees. From 6 years and 1 day to 10 I From 6 years and 1 day to 7 years I From 7 years 4 months and 1 day j From 8 years 8 months and 1 and 4 months. to 8 years and 8 months. day to 10 years. years. 52. Prisibn mayor in its medium I From 8 years and 1 day to 12 j From 8 yearsand 1 day to 9 years From 9 years 4 months and 1 day From 10 years 8 months and 1 and maximum degrees. and 4 months. to 10 years and 8 months. day to 12 years. years.

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General table of the duration of penalties in all the forms and combinations prescribed in the code and their division into degrees-Continued. Time included in the entire Time included in its minimum Time included in its medium Penalties. Time included in its maximum degree. penalty. degree. degree. 53. Prsi6n mayor in its maximum degree. 54. Prision mayor in its medium degree to recluson temporal in the minimum. 55. Prisim mayoe in ita medium degree to eta.oi6a temaporal to its full extent. 56. Preirti mayor in its medium degree to cadena temporal in its minimum degree, y7. Maximum degree of presidio mayor in its medium degree to eadesa temporal in its minimum degree. 58. Reelusicn temporal............. From 10 years and 1 day to 12 From 10 years and 1 day to 10 From 10 years 8 months and 1 day From 11 years 4 months and 1 years. years and 8 months. to 11 years and 4 months, day to 12 years. Prisi6n mayor in its maximum Reclusi6n temporal in its minidegree (10 years and 1 day to mum degree (12 years and 1 12 years). day to 14 years and 8 months. From 8 years and 1 day to 14 1 Prisin mayor in its medium deyears and 8 months. gree (8 years and 1 day to 10 years). From 8 years and 1 day to 20 From 8 years and 1 day to 12 From 12 years and 1 day to 16 From 16 years and 1 day to 20 years. years. years. years. From 8 years and 1 day to 14 years and 8 months. From 8 years and 1 day to 10 From 10 years and 1 day to 12 From 12 years and 1 day to 14 years. (Maximum degree of years and 8 months. (Minipresdio mayor). mum degree of cadena.) (Medium degree of preyears. sidio mayor.) From 12 years and 1 day to 14 1 From 12 years and 1 day to 12 years and 8 months (Miniyears 10 months and 20 days. mom degree o eade. tco p oral.) From 12 years 10 months and 21 I From 13 years 9 months and 11 days to 13 years 9 months and days to 14 years and 8 months. 10 days. From 14 years 8 months and 1 From 17 years 4 months and 1 day to 17 years and 4 months, day to 20 years. From 12 years and 1 day to 20 From 12 years and 1 day to 14 years. years and 8 months. From 14 years 8 months and S day to 16 years 5 months and 10 days. 59. Reelai6n temporal in its meI Frern 14 years 8 months and 1 dium and maximum degrees. day to 20 years. From 16 years 5 months and 11 From 18 years 2 months and 21 days to 18 years 2 months and days to 20 years. 20 days. 60. Recluin temporal to reclusion From 12 years and 1 day to reclupenpdsa. sibto perpetua. Fros 12 years and 1 day to 16 From 16 years and 1 day to 20 Reclusion perpdaa. years. years. 61. Reclusion temporal to death....) From 12 years and 1 day to death. From 12 years and 1 day to 20 Reclusion perpetua. years. Death. 62. Reelus6n teaporal in its maxFrom 17 years 4 months and 1 From 17 years 4 months and 1 ...do . irs degree to death, day to death, day to 20 years. Do. G3. Reclusion perpetua to death... I Reelus6n prrpetua to death. SReclusion p petua--.. .-. J~xahappetaa............. From 12 years and 1 day to 14 years and 8 months. From 17 years 4 months and 1 day to 18 years 2 months and 20 days. .do. Do. C4. Relegacin temporal. Fro s12 years and 1 day to 20 years. From 14 years 8 months an'd 1 From 17 years 4 months and 1 day to 17 years and 4 months. day to 20 years. From 18 years 2 months and 21 From 19 years 1 month and 11 65. Relqaeii temporalinitmaxiI From 17 years 4 mouths and 1 mum degree.J day to 20 years. days to 19 years 1 month and days to2 years. 10 days.

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of relgnFrom 15 years 1 month and 11 | From 19 years 1 month and 11 I From 19 years 4 months and 26 From 19 years 8 months and 14 66. Maximum degree days to 19 years 4 months and days to 19 years 8 months and ribn temporal in its maxidays to 20 years. mum degree. days to 20 years. 25 days. 13 lst. From 17 years 4 months and 1 I From 17 years 4 months and 1 From 18 years 8 months and 1 Relegacidn perpeat. 67. Relegartds temporalin its maxiday to 18 years and S months. I day to 20 years. mami degree to relegaci4 a day to redegaciun perpelua. perpdua. From 1 month and 1 day to 6 From 1 month and 1 day to 2 From 2 yearsand 1 day to4 years.| From 4 years and 1 day to 6 68. Suspension. years. years. years. 69. Suspension in its minimumI From 1 month and 1 day to 4 From 1 month and 1 day to 1 From 1 year 4 months and 21 From 2 years 8 months and 11 year I months and 20 days. days to 2 years 8 months and days to 4 years. and medium degrees. years. 10 days. 70. Suspension in Its medium and From 2 years and 1 day to 6 From 2 years and 1 day to 3 From 3 years4 months and 1 day From 4 years 8.months and 1 years and 4 months. to 4 years and 8 months. maximum degrees. day to 6 years. reaRs. 71. Suspension in its maximum From 4 years and 1 day to 8 From 4 years and 1 day to 5 From 5 years4 months and 1 day I From 6 years 8 months and 1 years and 4 months. to 6 years and 8 months. digrie to temporary aso-| years. htte disqualiliration in its minimum degree. 72 Suspslon in its maximum From 4 years and 1 day to 10 degre in temporary alsoyears. lute disqualiction in its medium dcgrce. day to 8 years. Maximum degree of suspension. (From I years and 1 day to 6 years.) Minimum degree of disqualifleaStedium degree of disqualification. (From 6 years and 1 day tion. (From 8 years and 1 to 8 years.) day to 10 years.) 07 Cml 73. Suspension in its medium and From 2 years and 1 day to 10 From 2 years and i day to 4 j From 4 years 8 months and 1 day From 7 years 4 months and 1 years and s months. tiiaximum dgre-s to temyears. pasy aslute disqualieetlon to its medium dcgrce. to 7 vears and 4 months. day to 10 years.

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INDEX Abandonment: Of office or public duties-.-............... Of the education of children..._............ O f children .--......-.... ..-........... Abduction of m inors -... ...-... ..... .. . Abduction of wom en _........ ......... ......... Abortion, crime of--............................ Absconding and criminal failure and insolvency . Abuses: Of ecclesiastics..--.----..-..----....--....Against chastity. ..... ... .... ... .... ... Of credulity by divination, etc ............. Of rank ---............................... Accessories in crimes, who are, their penalty, etc. Accomplices: Who are such, etc........................ In misdemeanors.......-......-.. ......... Artiele. .... 383,412 .-.... 6 11 506-508,611 503-505, 508 ... 463-470 ---423-126 --.547-557 142, 275, 310, 369, 371, 388 ....-.-...-. 390,391,455 -.. -.. -.. .. .. 614 .-----.. .... .... ..1 0 ...-.. 14, 15, 67, 69, 71-75 11, 13, 66, 68, 70, 74, 75,125,469,552 ----.-................. ...6 2 9 Accusation or denunciation, penalties for calumnious, etc .... Acknowlegement of children .............................. Acts of contumely......................................... Against the King...................................... Against the colegislative bodies or ministers of the Crown. .... 334-338 -.-.-468 474-486, 613 .... 159-160 ...... 167 Concession of permission to prosecute those committed during judicial proceedings....---------------------------------------------------486 And omissions, voluntary ...... Administrative licenses .............. Adoption an impediment to marriage. Adulterated medicine, etc........... Adulterated substances . Adultery ......... ............... ..l l et seq. .....505 -----496 .... 349,603 .-. 603,604 437,447-152 Age, its influence in the increase or reduction of penalties--8, 9, 10, 17, 84, 107, 129 9, 10, 76-96, 591 ---...... 130 Aggravating circumstances in crimes. .... ------------.... Amnesty .....------------------------------------------Animals: Fierce and dangerous---------------------------.. .--Cruelty to, order of May 28, 1900........-.......--.----. Apprentices. ....---------------------------------------Arbitrary punishments, imposed by officials and authorities. Archivists, faithlessness in the custody of d cunmeuts. Armed force .....---------------------------------------Arms: Their use without permission ----------------.. -----Discharge of, according to the cases..---.---. -. 607,618 .. page 140 ----19 192 et seq. ... 371-373 ---10,164 -. 599,612 .. 421,595 165

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166 Article. 526 et seq. -.. -. 184 In robbery -.... -..... ..--. ....-. .... ..... In meeetings..---.--.-.----.-.......--.-.-Armistice. (See Truce.) Arresto iiyor -.............................. Srreto ----o-............................... A ssassination ........--.....-................. Assistance of armed men............ ........... Assistance to authorities refused, a crime.....A ttem pted crim es ..... .... .........--...--.. Attempts: Atcrime..........-.....-...-.....--.-..... Against the authorities, intimidations, etc --Attorneys at law, wrongful advantage, etc. Asylums, continement of lunatics and imbeciles. Auctions, frauds in ........................... Authorities, public: 24,27,60,87,95,116,132 ..--.24, 7 9 ,116,112 ......-..... 14,414,422 --.-...----.----.1 0 -...--..-...-.. 376, 378 .-. .3,5, 64, 156, 161 3,65, 70, 71, 150,156,161,420,524 ..-....--------..--. 258 et seq. ..--.-.........-... 367,368, 375 .---..-.-.... .....-... ..-5 6 6 Attempts, resistance, disobedience, outrages, insults, and threats against. 258-272 -..--.--.-.--596,597 --------.--..--....... 254 ....-.--.-..-----..-10,19 ----. ----------.459 24, 27, 28, 87, 95, 114, 127,132 ... ... ..... ..... ... .. 3 5 4 .-.--. ......... 299 et seq. ---............-.-. 547-557 .-.-. 553, 554, 555, 556, 557, 629 ..... .......... ..-.-. 6 04 .. ... .... .... .. .... .. 10 --------------.----. .553 ---............ 456,490 ......... 346,351,604 .......-...-.-------546 .---.-------. ---.. 10 .-..-------------127,128 --.------------. 392-400 .--.....-......---. 142,144 -------------------609 Lack of respect and obedience ..---.----.--.....Their duties in case of disturbance of public order Crimes committed before ---------------------Seductions hy.------------------------------Banishm ent (penalty)-..... .... -...... ..... .. Bankers and owners of gambling houses ....--........ Bank notes, falsification of --.---.-. .............--.. Bankruptcy, criminal and insolvency............... Bankrupts----------------.. ..-.. ... .... ... ... ... .. Baths, violation of rules of decency and safety........ Betraval of trust. ...-------------------------------ets-...................-----....................---B iga n y .......-.......----.-... -----......Bodies, crimes of violation of sepulchres, etc.......... Boundaries of towns and estates, change of-...... Breach of trust ..----.........--..-..-.---....-.---.Breaking of a sentence --------------------------Brilbery-----------------------------------------Briefs, bulls, dispatches, illegal execution of........... Buildings about to collapse........................--Bull fights inCuba, order of May 28, 1900 .------------------Porto Rico, order of March 12, 1900-----------Bulls, briefs, dispatches, etc., illegal execution of...... page 140 page 148 -142-144 24,27,53,87,92,94,104-107,132 .-24,27,55,87,95,104-107,132 Cadli j,rpetuim Cadeia imporal . 603 608 597 Cafes, taverns, bakeries, etc., adulteration of food stuffs and beverages, etc. Other misdemeanors --------------------------.. ..---------------Callithuimpian concerts -----------------.. .. --------------------------------437,447,452 131, 447-452, 471-474 -------------427 .-------.... 619-621 ---24,27,-43, 49,514 ------24, 49, 90,115 --------316 et seq. Calumnious denunciation .--... Calumny defined, penalties, etc Castration, crime of -------Cattle, damage to estates.-.... Caution (penalty)----------Censure -------------------Certificates, falsification of......

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167 Challenge. (See Duel.) Chastity, abuse of ------------------------------Children, abandonment of. (See Relinquishment, etc.). Circumstances in crimesW hich exempt. -------------------------------.Extenuating and aggravating -----....------........ Civil interdiction defined, etc .......--....... ___. Civil liability arising from a crime ---. ................ Civil status. (See Fictitious births.) Cockfighting in Cuba, order of April 19, 1900 ........... Coercion, personal -----...---.................... C oncubinage ___ ......................... ---......... Concubine of a married man, with scandal ........-.... Confinamieno (penalty).....--------.............--.... Conspiracy to comm it a crime. -. _. _............ ._.. _. Consummated crimes.. ................................ Constitution, crimes against the ........... .......... Copyright. (&e Literary and industrial property.) Correspondence, interception or opening of....--..... Corruption of minors ................................. Cortes, crimes against .............................. Costs and expenses in trials ... --. -------.--------..-. Craft, fraud, or disguise........................... . Crimes and midemeanors: Defined, etc..--.......--..----.----.-.----.--.A consummated, attempted, and frustrated--------Committed during the service of a sentence ......-. Grave and less grave -------------------------. Private ------------------.. ....-----------------CriminalConcealment of property...... .....__ .......... Insolvency. (See Bankruptcy.) In ten tion ....... .---........-..-.-....---. Cruelty to animals in Cuba (order of May 28, 1900). Cults. (See Religion.) Customs, grave offenses against modesty or customs Damage: Crimes ....------------------------------------Misdemeanors.---------------------------------. Accidental --------------------------.. ..-------Repair of ----------------------------------Dangerous animals ------------------------------Death, penalty of: Its effects, execution, etc----------------------.. .. Prescription. ....--------------------------------Of the criminal, extinguishes liability ........... (Se Confession.) Defective substances. ....---------------------------Article. 390,391,455 506-508, 611 .-------.. .8 --.9, 10, 76-96, 591 ..... 24,41,53,470 16-19,119-126,133 ..... ... -........ page 139 .-..... .... _.. 512,516,612 ... .......... ....... 4 5 2 ... .. .... .. .. ... .... 45 2 24,27,59,87,88,95,114,127 ----4, 137, 156,161, 244, 249 ......-.... 3,5,64,156,161 .... ........-.. 155 et seq. _-.. 207-209 462, 467, 470 .163 et seq. --24, 46-51 ...... 10 -.. --.-.... ... .17 3, 5, 64, 156, 161, 420, 514 .--.-.-.--..-.---129 99 327 et seq. 9 457. 458 ..... 535,586-591 593,618, 619, 627 --.-....... 8,83 -.-.. 119, 121,123 24, 52,87, 100-103 --------... 132 ----------130 600 8 1-7 Defense, of one's self and property, and relatives, etc., exempts from liability. Definition of crimes and misdemeanors-........-------.----------------. 24,53, 118 Degradation........................ Department of public prosecution: Insults, etc..................... Representation................. Dependents........................ 273 467 19

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168 Article. .211 .559 142,144 Deportation-------.-----------.. .. . D eposits-----------------------------------.---.....-Despatches, bulls, briefs, etc., illegal execution of . DestructionM alicious, of property....... ..... .... ......... ......... Or alteration of landmarks fixing the bounds of towns, etc. Detention, illegal, of senators and deputies ------............... Diplomas necessary to exercise a profession ................... D ischarge of firearm s......---..... ............. ............. Discretion of courts in punishment of misdemeanors -. D isguise, craft, or fraud ........_........... ................... Disinterments of human corpses, etc ...---................... Disobedience....................--........................ D isorders, public -..-.-... ---... .-... --. --... -... -. -.. ....... .572 et seq. ...... 546 ...... 168 .--339,599 .... 421,595 .-.... 628 ...... 10 .... 345,346 -376 et seq. 267-272,596 Disqualification, penalty of ..... Disturbances, duties of authorities in case of. Divinations and other abuses of credulity --Divorce, effects of final decree.........--... Documents: Faithlessness in the custody of Falsification of. (See Falsities.) Dowry: Of a woman seduced.................. 24, 26, 27, 30, 31, 38, 44,45, 88, 127 -....-... .... .... ..--254 ..............-....-..--.. 614 ..... .--.-.--..---... 45 1 371, 373 468 499 Of a woman who contracted an illegal marriage in good faith. Druggists. (See Pharmacists.) Drunkenness: Extenuating circum stance....... ....... ....... ............. Causing scandal-------------------------.. ... ------------Duel...--.....--------...... ------------.. -------------........ Duration of penalties..---.................................... -...... .--9 .....-....597 438-446,165,264 ----.27-29 (Table of division into degrees and their duration-(Appendix.) Duty, fulfillment of, exempts from liability ........................-..... -.... 8 Ecclesiastical ministers ----------------------------------------142, 275, 459 38, 142, 275, 310, 369, 371, 388 ...-.---.--.. .... 6 1 1 --------------.----179-189 ------------------245,267 ...-------------.-150 --------------------19 -------------... 10,526,530 ...... -.... 212,215,407-410 -----------59, 76-79, 910 ------------------130,133 Ecclesiastics, special provisions relating to Education of children, abandonment of.. . Election frauds-.--....--.-..--------Elections (crimes) -----..-----.---.Emigration, criminal...............--. Employees--------------------------Escalamiento ---------------------..--Exorbitant fees by public employees-...... Extenuating circumstances in crimes ...... Extinction of liability ........ .......--Execution of penalties. (See Penalties.) Failure, criminal -------------.. .--------Faithlessness in custodyOf prisoners -----------------.. -----Of documents----------------------False keys. (See Keys.) False rumors-------------------------False swearing. (See Perjury.) Falsities and falsificationsIl elections----------------------Of the signature or stamp of the King 547, 557 369, 370 371,373 568, 601 179-189 276-278

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169 Article. .__ ... __ ........ 279-289 .... ......... -.. .. 287 ........-.-..-.. 290-298 ...........-.... 310-313 .................. .3 14 ................ 316-321 ................ 322-326 ............. 328 et seq. ...-...-..-.....-. 8,17 ............. 487 et seq. ........ -... -..... 562 ...-.-... -... --. 342,526 ..-............. 607,618 ............. 10, 97, 129 23, 24, 48, 49, 82, 91, 93, 632 Of seals and m arks -... ... .... ........ .... ... Of private marks or seals ........................... O f m on ey ..................... ..................... Of bank notes, paper of the State, and stamped paper. Of private documents............................... Of cendulas or residence and certificates ............. Common provisions -.............................. False testimony .................................... Fear .---.-.--------.....---...........-............... Fictitious births. ...................................... Fictitious contracts to the prejudice of third persons...... F ictitious nam es .----........ ............. ............. F ierce anim als ..... .... ........ ................ ........ Final sentence .--.................................... Fine, penalty of.......... .......................... (See Misdemeanors.) Firearms: Discharge of, according to the case.................. In m eetings............................ ....-....... Use without permission...... ...... ..... ........-.. Used in robberies.. -.............................. Fires, etc ............................................. Aggravating circumstance............. ........... Fishing and hunting, violation of laws regarding ......... Flight of prisoners, connivance -........................ Flood, fire, and poison .....-.......... ......-...--.... Forcible entry of dwellings............ ...... ...... ..... King's palace ----------------------... seizure of debtor's goods ....................... Forfeiture: In cases of crime-..-...--..---........-.-.........In misdemeanors. ...------------------------------Form of government, crimes against the ................ Foreigners ----------------------------.. ..----------Foreign monarchs. (See International law.) ....... ......... 421,595 .............--... 184 ................ 599,612 ............. 526 et seq. ............ 572-575, 622 10, 12, 414, 429, 609, 622, 623 ...-........ 537,616,623 ............ 270,369,370 --.-------.. 10,420, 429 -........--203, 509-511 --..-..-..-------.. 159 ....-.--..-------516 -. 24,61 630, 631 169, 175 -138 547-557, 558, 560, 565, 591, 600, 601, 614, 630 -.. ...---------------.... 558,565 ...--. --..-------.---407-410 ...... --.-.......-----------.-10 -...........--------.----600 Frauds----------------------.. . And other cheats............ And illegal exactions.-....... Craft or disguise............ Fraudulent weights and measures. ----.------... 562 --.3,5,64,156,164 .-----------8 --354-356,553,602 10,522,523,527, 587 .---...---. 169,175 Fraudulous contracts to prejudice of a third person ....... Frustrated crimes ----------------------.. .. ------------Fulfillment of duty exempts from liability .............---Games, forbidden ---------------------------------Gangs. .....--------------------------------------------Government, form of, crimes against .................----Graduated scales. (See Appendix.) Grandparents. (See Infanticide; Relationship; Parricide.) Grave and less grave crimes-----------------... --------Grave offenses .....-------------------------------------Guardians, what is prohibited them ........-...---.-----Homicide............................................... (See Infanticide; Parraide: .ssassinatiun; -Rbbery.) Honor, crimes against..............................--.----. 6 --9 408, 497 416-420 471 et seq.

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170 Article. 537, 616, 623 --..-603 Hospitals-confinement of lunatics and imbeciles Hunting and fishing-violations.H ygiene--regulations ......-.--... ....-.-.....Idiocy. (See Imbecility.) Lnoominy...................................... Ilklgal associations-secret societies......-....... (See Meetings.) Illegal condemnation by public officials..... _.... (See Possession.) Illegal appointments ........................--Illegal detentions--------------------------... Of senators and deputies......--........--.Provisional imprisonment....-............. . Illegal marriages --------------------------Misdemeanors -------------------------Illegal exactions by employees -.....-.--..Illicit. (See Illegal.) Imbccility ------------------------------.--Imposts. (See Exactions.) Imprisonment, provisional ------------------.. . -10 186-191 216 ......-----------. .389 198, 210, 211, 500-502, 508 et seq. .--.....------.-.---..-168 .............---.--.-23 ------------------456, 490-499 .------------------.611 ---------..---212-215, 407-410 8, 17, 99 -----.--------. 23 ...........-339, 599 ------------592,613 -----------.459 .119-122 et seq. ------.177 et seq. -------------... 563 ----. ------422 8, 9, 10, 17, 84, 107, 129 ------.------..528 ... -------. 530 18 ------------8,17,99 Improper exercise of a profession which requires a diploma . Imprudence ----------------.. .. ------------------------Incest------------------------------------------------Indemnification for losses and damages.-------------.. .---Individual rights, crimes against..............-...-------Industrial and literary property-----------------------Infanticide or death of a new-born infant ................. Influence of age on duration of penalties.......---......... Inhabited houses, defined----------------------------Inhabited places, what is understood thereby-----------Innkeepers, liability of ------------------------------Insanity or lunacy----------------------------------(See Lunacy.) Insignia or decorations, their improper use, etc...-......... Insolvency, criminal-----------------------.. ..---------Instruments, legal, faithlessness in custody of ---.....-------.. Interception of correspondence ------------------------344 547, 557 371-3l0 207-209 International law, attempts against foreign monarchs or their representatives, 151,152 piracy, etc.--------------.. ----------Intoxication: Causing scandal ------------------Extenuating circumstances.--........ Inundation. (See Flood.) Irresistible force----------------------.. . Juries, liability of-------------------Keepers of records, faithlessness punished. Keys, false, and picklocks-... ........ ... Kidnaping. (So' Abduction.) Kings: Death of foreign potentates .......... Immunity ----------------------Landmarks, alteration of ......---...---Law, international ------------------Lawyers. (,ee Attorneys at law. ) 597 9 ---------10 ------.... 379 ----371,:373 526,530,533,534 151 152 546 151, 152

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171 Law of nations. (See International law.) Lenders ---------------------------.. .. JUse Majestb , crime of .......... -... . Libel. (See Contumely.) Liberty of education, abuses .......... Literary and industrial property .-..-... Loss of reason and self-control ........... Lotteries, unautliorizel................. Article. 570, 571 155-162 .190 .563 .9 355, 356 Lottery tickets, introduction of, in Cuba (order 230, December 4, 1899) --page 137 Lucid intervals......................................................... Lunacy after the crime and after sentence has been passed ................ Lunatics, wandering through streets and public places without proper guardian .. ............................................................ L u x u rv .. ..y .-. ..-. .. .... ........ -... .-..... -. .. .. .. ..-.. -. ..... .--8 99 607 553 Machinations to alter the price of things.....-............ M isdem eanor ..-----.-.--...... ................. Maintenance of illegitimate children...... ...._..._.. ..... M alicious destruction of property............ ............ Malversati n of public funds. (S Misappropriation.) Manslaughter. (S, Homicide; Infanticide; Assassination. Marriage impeded by adoption---------.-------------Masks ---..-.---...--.....--.-.------------------.----.Masters, subsidiary liability of .......................... Medicines, adulterated, etc..-.-..---.-...---...-..-...---. M eetin gs, p ub lic ..-.-..--...--.-.-----.---......... Merchants-............... ........_................. Military service -. -..................................... Minors: Abuse of their lack of experience or passions, etc. Corruption of ..................................... ... -6-569 -601 ..... 468 572 et seq. ......496 .--599 ...... 19 _ 349,603 186,191, 605 -.---. 551 --_435,436 ..---_564 462, 467, 470 (Se Marriage; Abduction, extenuating circumstances; Abduction of children, etc.) 140,163, 262, 265 et sej. .--...--..---401-06 Ministers of the Crown, crimes by and against .......... Sisappr priation of public funds .---..................... Misdtiieanrs: Against general interests and the government of towns Agaiust persons ....--------------------------------Against property .................................... Against public order.-. .............................. D etin ed .... ... ......... ... .. ... ... .. .. .. ...... .. .. .. . Prescriptiin..-...................-.....-----------Pr visiots commnon to tuisdemeanors ---------.---.. Punishmiiient..-----------------------------------1mmde-ty, offenses against ............................... Falsification Of, etc ................................ Refusal of legitimate and distribution of false, etc .... Mnarchns, foreign. (&e International law.) Mothers. (&e Infanticide.) Mutilation............................................ Negligence, criminal .................................... Newspapmrs, correction of calumnies -----------------Noxious sulstances.................................... Obedience to authorities. ...----------------------------600-609 610-613 614-627 593-599 -1 -121 628-634 5, 6, 64 457, 458 290-298 .600 ---428,521 592, 613, 621 ----.. 483 ...... 431 .... 596,597

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172 Article. .... 512,516,612 --...-.. ..19 ..--... 1 et seq. ......... 207-209 165, 166, 262-266 Coercion and threats... .......--........ -............. Officials............................................... Omissions and acts, voluntary --. ......-.. -.. ---. Opening of correspondence--------..-.......--..-Outrages against deputies, senators, etc., what constitutes (See Acts of contumely.) Owners of gambling houses -----.-.---------. .....-...... P ard on ..-----------.......--..--.....--...----Pardon or condonation, when efficient.................... Parental authority: Correction of the child by the parent. Parricide ..-.......................................... Patents. (See Literary and industrial property.) Pawnbrokers ...........................-............. Pawning goods belonging to another-----....-----..-.-..Pecuniary liabilities............--.............. ..... Penal action: ....... ...... 354 .45,53,129,130,201 --. 22, 130, 467, 486 ----......-.. 429 14, 328, 413, 420,437 57o,571 -561 .48 Is not extinguished by the pardon of the party in crimes prosecuted de o / i .........----. ....................-........ -........ -........2 2 Prescription of .--------------.-------------------------------------130 Penalties: A rb itra ry .--.. ..... .... ..... ......-..... .......-.. ..... ..... Division into degrees of all penalties. (See Appendix; Prescription.) For calumnious accusation .......-....-----.-.....-......-....-.... Formation of graduated scales. (See Appendix.) 192 et seq. 334-338 8, 10,413, 422, 429, 433,436,459,469, 484,591 Influenced by relationship . Their classification, duration, and effects, rules for applying, etc. Perjury. Order 116, March 17,1900.--...-....................... Personal cedulas, falsification of -............................... Personal coercions... .... ........ ....... ................. ... Persons: Civilly liable .....................----...............---..... Criminally liable...............................-------. 20, 118 -... 316-321 512-516, 612 16 et seq. ... 11,12 24,27,54,87,88,92,110 ----------....... 603 .......427, 437, 610, 611 Perpetual expulsion.--------------------------...----Pharmacists ...........................------------Physical injuries: Castrat ion, mutilation, wounds, etc . Physicians: Abuse of their profession..................-----..... Misdemeanors committed by..................... Picklocks. (See Keys.) Piracy --------... ---------------------------------Plans for regulating price of goods................... Pledge of a thing belonging to another...............Poison............. .-..-.. ....-----.----------Police regulations, penalties which can 1e prescribed in . Possession, disturbance of a person in the, of his property Premeditation ....--.....---------------------------Prescription of penalties and crimes, when it takes place Presidio correccional, nuyr................--------------Priests and ministers, provisions relating to ........... Principals of crimes, their liability, etc ................Printing, liability.................--------------------Prisoners. (See Flight.) Prian correccio .-. ---.. .. .---. 319, 426, 488 -----. 607 ---------------153,154 ------------.--509 --.-.-...-----------561 ----------10, 414, 429, 431 --.----_-...-.........633 --.......-.. --. ... 2 16 --------------10,414,429 ..... ---. .-.. ----. 130-133 -24, 27,56, 57,87, 88, 95, 111 38, 142, 275, 310, 369, 371, 388 .-------12,62,65,125,469 -------.. 7,10,191,458,613 24, 87, 88, 95, 113

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173 Article. 24, 27, 60, 87, 88, 95, 113 ------------3 22 -...---........ 3 14 P risi rn m ayor --.--.---.-..... ...-Private crimes ------------------Private documents, falsifiedPrize fights. Order of March 12, 1900Profanation of corpses, cemeteries, etc . Profession: Usurpation of-.-.....-......-..-. Exercise of, without a diploma --.Provisional imprisonment.....-----.604 338-344 339, 599 -23 To be counted as part of correctional and light penalty. Order 26, January 18, 1900... ... ...-.... --------Property: 327 et seq. Criminal concealment......-----------------------------------Crimes against. (See Robbery, Theft, Usurpation, Frauds, etc.) Prostitution: Violation of police regulations................................. 604 Penalty incurred by the person who encourages the prostitution of minors. 462 Benefit denied to those who prostitute their wives and daughters. Provocation------------------.. ..------------------------------437 9 134, 136, 141, 145, 149 .-.......... 267-269 ....-. ---... ..10 -....... 267-272, 596 .-...... -... 380,382 of war, liability for----------------------.---------Public acts, serious disturbance of order in................... Publicity, an aggravating circumstance ...................... Public disorders. ....--------------------------------------Public duties, anticipation of.......... ._................... Public employees: Crimes in the exercise of their duties, etc ............... Who are considered, for the purposes of the law......... Public health------------------.. ..---.------------------Public offices.--------------------------------------Elective, refusal of acceptance ......................... Public office, abandonment of ---------------------------.. . Public order (crimes against), rebellion, sedition, etc ......-.Misdemeanors against.................................---Public rumor ---------------------------.. ...-------------Public scandal (crimes of) ------------------------------Public vehicles .....--------------------------------------Pugilistic encounters in Porto Rico. Order of March 12, 1900. Pupils................................----------------------Raffles ....----------------------------------------------Rank, acts in contempt of----------------....--------------192-223, 255,357-411 -----.. -....-. 412 .... 347-353, 431, 432 -----------. 380-383 ----.-------... 379 ----...... 383, 412 .-.. -. ...... 237-275 ------585 et seq. ------------467 ----------456,458 ----------.. 607,618 .....-..... page 148 -------------19 ---------... 355,356 --------.. -.10 -_ .453,468-470,521 --... 237-244,252-257 ------.---10, 15, 16 Rape of a woman Rebellion..Recidivist -...Reclusion...-.... ..... 24, 7, 54, 58, 87, 88,92,95,108 -----------------... 376-378 -----..-...-.------. -161 ----------------14, 155-162 Refusal of assistance to the authorities ......... Regent of the Kingdom, attempts against Regicide-----------------------.. ..----------Regulations: Penalties which may be prescribed in police Application of the code when referred to --Rehabilitation in rights, offices, etc........... Relationship, influence in penalties----------633 633 44, 45 8, 10, 413, 422, 429, 433, 432, 487, 459, 469, 484, 591 -.. .--------------..0 Release of prisoners .....

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174 Article. 24, e7,-o~ --4,---,---,----,---,---9 Religion: Crimes against the free exercise ofM isdemeanors ... .. ....... .--Relinquishment of foundlings --------8 j nir of danages------------------lesistance and disobedience R estitution ... .... ... ..------Retroactive effect -----------------.-Rights: --.230-236 -----594 ...... 611 119, 121,123 ...... 261 119,120,123 .... 2,20,21 The deprivation of, established in the civil laws in a penal form not considered penalties-------------------------------------------------23 Of individuals, crimes against......--............... R obbery ..-.... ----.-.-.-. .------.-. -.. . Liability of innkeepers, etc------------.------.-----Sacred places.. .. ...................................... Sanitary regulations ---------.--.......-..-.......--...Scandal, pulblic (crimes of) ...-.......................-. Schemes to increase or reduce the price of goods -........ Seals and m arks, falsified .........-.-................... Secrets, violation of,etc................................. Secret societies .. --. .... ....... ....... ........... ... (1ee Meetings. ) Security of the State.................................... S e d itio n .... -... .... ... .. .. .... ..... ... ... .. .... ......Seduction. ....----------------------------------------Seizure with violence of a thing belonging to a debtor, etc Self-defense exempts from liability .....................Servants. -............................ ----............. Sex, influence in liability and penalty ----------------Sexual crimes. (Ne, Adultery, Rape, Bigamy, etc.) Signature of King, imitation of .................. ......... Special laws.------------------.. .-------------------State, crimes against the -----------------------------... Streets atl squares, violation of regulations . Students-------------..----------------------------Subornation --------------------------....------------Suicide ....---------------.-----------------------Supplies ---------------..--------------------------Support of illegitimate children. ....................... Surgeons. ( ',ee Physicians. ) Suspension (penalty of) defined, effects of, duration, etc -. .-... ..... 177 et seq ... -. -.-.... 520-534 -----. ------. 18 .-..... ... -. -. 10 -. --... ... -... 603 ......-..... 456, 458 --.. -.. .-. ---. 509 ............ 279-289 367,374,375,517-519 ...... ...... 186, 191 -134 et seq .... 245-257 --. 459,467 ...... 516 ...-. 8 19, 459,608 -10,94,103 276-278 -7 134-154 604, 607 -.. 19 392-100 -419 -601 .468 ........--....... 23, 24, 26, 27, 36-38, 40, 88, 95,132 ..... 23 ----467 18,600,608 19, 459, 469 Suspension of public employees, when not considered a penalty. Syndis-------. ------------------------------------------Tavern keepers --------.. .. .-------------------------------Teachers, liability--------------------------------------24, 27, 58, 87, 88, 92, 110 ------18, 535-538, 614 ---------512-516,612 Temporary expulsion Theft................ Threats and coercion Which constitute outrages against deputies, senators, authorities, etc .165, 166 262-266 159, 160 Of the King ---------------(See Public Authorities.)

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175 Article. 27-29 Tim e of penalties .................. ....... -. --. .......-.-.Table of division into degrees and duration. (See Appendix.) Transactions forbidden to employees -------------------------T rea ch ery ... .. .---------....-.-.----.------....-.-.-..... _ 411 10, 414,429 Treason and attempts against the independence and integrity of the State14, 134-141 Treaties -----------------------------------------Trees, felling of, in the estate of another, causing damage. 138,140, 141 ---.-625 (See Damage.) 6Truce , violation of146 Tumults. (See Public order.) Uninhabited places.-------------------------.. ... Unlawful. (See Illegal.) Unsafe buildings --------------------------Usurpation: Of public duties, authority, profession, etc.--. Of powers ....----------------------------Of real property or of a property right......-. Vagrancy-----...---------------------------V ehicles, publi .-----------...... V engeance....-..-..-.......----------Violation: O f secrets --..... ..--... ............ ...... Of a truce. (See Truce.) Violation of sepulchers -...--.. -. --. ---.-.-. . V io len ce ..... .... .... ..... .... ......... .... .... (See Robbery.) Voluntary acts and omissions.................... W a g e rs ... ..... ...----..-.--.-...----. War, liability for its provocation, etc ........... W aters............... --..................... Widow who marries before the legal period....... W itnesses..-.......... -------... -.-. .-. ..(Rev False testimony.) Women: Dowry of those seduced..-..-........-. .-. Who contracted illegal marriage in good faith (See Sex.) Wounds. (See Physical injuries.) Wrongful entry: Of d wellings---------.. ... -..... .-.. .-. .. .. Of the residence of the King................ 10,522,527 609 138-344 384-389 -. 545 -10 607, &18 -. 587 367, 374, 375 346, 351, 604 -.. 515-516 -l. ---. 1 et seq -..---.-...-553 134, 136, 141, 145,149 .-..--...-..... 626 -----. ----495 .---.. .-. -.-3 79 468 499 203, 509-511 ..-... 159 0

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