I  __ 
8 THE CUBA REVIEW 
a 
Powers of Attorney in Cuba 
The laws and regulations regarding the 
preparation of powers of attorney in Cuba, 
or for use in Cuba, are quite extensive and 
technical. Various sections of ‘El Codigo 
Civil,” “El Codigo del Comercio,” ‘“‘La Ley 
Hipotecaria’”” and “La Ley Notarial” all 
have a bearing on the manner of drafting 
powers of attorney; and even with all the 
data contained in these various publica- 
tions available, one should be familiar 
with a long line of interpretative decisions 
by the supreme court of Cuba in order to 
be qualified to draw powers of attorney to 
meet the varied requirements of business. 
Certain general principles, however, can 
be given which set out quite satisfactorily 
the fundamental requirements of a power 
of attorney for use in the Republic of Cuba: 
1. The parties or officers of the corporation 
giving the power should appear in person 
before a notary public who can certify in the 
instrument that the parties are personally 
known to him. 
2. If the power is given individually, it 
must show the capacity in which the party 
giving it is acting and set forth clearly the 
authority on which he acts. 
3. If given by a corporation, the power 
must show: (a) That the corporation has 
been legally organized in accordance with 
law and properly registered to entitle it to 
transact the business it is undertaking; 
(b) the powers granted to the various officers 
of the corporation under its articles and by- 
laws; (c) by appropriate excerpts from the by- 
laws and the minutes of meetings of its 
stockholders or directors it must be demon- 
strated that the officers giving the power are 
acting within the scope of their authority. 
4. If the party giving the power is a 
partnership or any form of joint-stock com- 
pany the same rules laid down in the preced- 
ing paragraph are applicable. 
5. The instrument should set forth in de- 
tail the particular powers and their limitations 
sought to be conferred by the instrument, 
always with specific reference to: (a) Whether 
the party to whom the power is given shall 
be authorized to commence and defend 
actions in the court; (b) whether the party 
to whom the power is given shall be authorized 
to acquire and dispose of real and personal 
property. 
_6. The power shall be signed by the parties 
giving it. 
7. The signatures of the parties signi 
shall be certified by the Ante public. ae 
8. If the power of attorney is being 
executed outside the Republic of Cuba, the 
signature of the notary public must be 
authenticated by the nearest Cuban consul. 
The power of attorney must be in the Spanish 
language, or if it was prepared in the English 
language there must be attached to it as an 
inseparable part of the document a transla- 
tion into the Spanish language, the accuracy 
of which is to be attested by the Cuban 
consular authorities or by the court before 
which it is to be used. 
A power of attorney not embodying all 
these requirements receives recognition in 
Cuba extra-judicially, but would not be 
recognized if it became necessary for the 
party to whom the power is given to prove 
his authority in the courts. 
Construction Work 
According to press reports, negotiations 
are proceeding over the letting of impor- 
tant private contracts for new construction 
and the resumption of much building that 
stagnated about a year ago, when the 
moratorium was declared. Highway re- 
pair work is proceeding in western Cuba, 
six crews being at work resurfacing the 
highways between Havana and the city 
of Pinar del Rio. Public interest centers 
upon the Zayas plan to connect the pres- 
ent links of road between Havana and 
Santiago de Cuba at the eastern part 
of the island. The plan is to join them 
in a great national highway extending 
from Pinar del Rio City to Santiago. 
It was this highway which General 
Goethals recommended should be_ built 
of concrete. 
Mineral Production 
According to the Bulletin of the Pan 
American Union, in the second half of 1920, 
752,347 tons of ore, averaging 57.6 per 
cent. iron, were extracted from the mines 
at Firmeza and Daiquiri. The company 
working these mines is installing a dry 
crusher so that the ore can be shipped in 
smaller pieces. 
From the deposits of manganese at Buey- 
cito, 1,305 tons of ore, averaging 53 per 
cent., were.obtained. From the ‘Sera- 
fina,’ in the district of Bayamo, 300 tons 
of 12 per cent. copper ore were taken. 
Mining and petroleum explorations are 
being made in different parts of the island. 
