THE CUBA REVIKW And HuUciin. 



recoenized in law. as ..btaining among the occupiers ot land secured under the 

 "merced" or grant made by the cabildo. though many estates, as appears from sub- 

 sequent legislation, were at that time the property of mdivuluals -.r speedily 

 became s., by process ..f divisicm. Occupiers of land apparently did not recognize 

 the distinction between "use" and "domain" which the enactments ot the i6th and 

 iQth centuries take int.. account. Rights of occupancy and use of land were be- 

 queathed and bartered awiiy in exchange as if they were possessions in full 



°^^"The" well-meaning intcnliwus <>i the authorities towards the agricultural interests 

 of the island are seen in all the later enactments touching real property. In 1574 

 the Municipal Ordinances of Havana provided that "each cabildo of the island 

 within the limits of its own jurisdiction might issue licenses tor farm sites and 

 house lots and for estates (asientos) fiir farms and cattle ranches, as had been 

 done from' the time of the discovery of the island, the interests of the public and 

 of a third party not being injured thereby." This law remained in force until 1729. 

 when the power of making the grant known as "merced" was withdrawn from the 

 municipal councils. t-, ,• . 



By this time practically all the territory had been granted out. Ihat disputes 

 over conflicting interests would inevitably arise can easily be seen in the light 

 of some of the circumstances attending the grants. In the absence of surveyors, 

 it was customary for the town corporations (cabildos) to determine the extent 

 of a newlv-madc grant by the judgment of a practical man, an artisan, who, with- 

 out making exact measurements, would locate the center of the estate and fix the 

 boundaries by any method satisfactory to himself. Grants were classified under 

 the distinctive names of hato and corral, according as their use was to be for 

 cattle or hogs (ganado mayor 6 menor), and their extent was determined by 

 various methods of mensuration, taking as the starting-point for the operations 

 the center (asiento) indicated in the grant. The center of the corral was the 

 door of the pig-sty. which would be located near some well-watered spot; and 

 the area of the corral would be 421 caballerias (13.960 acres, a caballeria being 

 33.16 acres), or the land enclosed within a circle, or polygon of 72 sides, having a 

 radius of one Cuban league (2.6 miles). In the hato. the center was the 

 "bramadero," or place for branding cattle, and the radius was two leagues (5.2 

 miles), the total area being 1684 caballerias, or S5,84i acres. The "asientos" did 

 not always remain where originally placed, for survey proceedings instituted dur- 

 ing recent years found many near boundaries instead of at the center of the area 

 contained within the recognized limits. The boundary line was sometimes the path 

 traversed by a horseman who pursued a circular route, keeping always within the 

 sound of a horn blown by a man stationed at the center, the distance which the 

 sound would carry being, presumably, a league. Official surveys of recent years 

 have shown that in such cases the owner actually took less land that he was entitled 

 to by the grant, an amusing instance of a man's defrauding himself. 



From the inevitable confusion of rights and titles inherent in such a system, 

 there arose a crying need for the proper marking of boundaries and the division of 

 holdings. After the restitution of Havana to Spain by England in accordance with 

 the Treaty of Paris in 1763. these operations went on rapidly in the western portion 

 of the island. There the occupied lands were around towns such as Havana. Matan- 

 zas, etc.. the Spaniards having settled in large numbers in that part of the island 

 and built up prosperous communities. In the eastern part, where the country was 

 practically a wilderness, the movement was slower. 



To promote surveys and do away with the existing confusion, a royal edict of 

 Julj- 16, 1819. declared that the grants of land made by the cabildos until 1729 would 

 be respected as legitimate titles of domain, the possessors being entitled to alienate 

 them or devote them to any convenient use; in default of other title, that of lawful 

 prescription would be allowed, proved according to law. The numberless lawsuits 

 which had been due to the desire of occupiers of land to secure undisputed title were 

 materially lessened by this edict. 



The hacienda comunera had now entered upon the second phase of its existence, 

 valid titles constituting a right of domain. But disputes over boundaries still con- 

 tinued. To remedy existing evils a famous ruling of the Audiencia of Puerto Prin- 

 cipe, known as the "Volo Ccnsultivo," had been promulgated on May 6 of the same 

 year, 1819. Recognizing existing usages in matters relating to the possession of 

 properties held in common, it provided for a system of procedure in the demarcation 

 of these properties. In spite of the faulty provisions of the Voto Consultivo, many 

 abuses and practices contrary to law being a consequence of its vagueness regarding 

 the actions and recourses open to interested parties, much good was accomplished 

 by it. In accordance with its provisions the greater part of the haciendas comuneras 

 in the jurisdiction of Sincti Spiritus and many elsewhere in the island were appor- 

 tioned before the year 1866. 



That the survey and division of all the properties hitherto unapportioned did not 

 occur was due to the promulgatir.n in Cuba, by a royal edict of December 9, 1865, 



