THE CUBA REVIEW 



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themselves, the latter to deliver the sugar cane belonging to him and the former to 

 grind it in his sugar mill, during the time to be stipulated and paying therefor in 

 "arrobas" of sugar at the rate of so many for each 100 of cane or the equivalent 

 of the sugar in money, according to the quotations and dates of the latter to be stipulated 

 and to the other lawful agreements to which they may see fit to agree. 



Art. VIII. When the party obligated to deliver the cane possesses the lands as a 

 lessee, the contract of grinding of cane shall be null for all the time exceeding the 

 temporary enjoyment of the lessee according to his title, and it shall cease upon the 

 termination of the lease for other reasons than the will of the lessee. 



Chapter 4. — General Provisions 



Art. IX. If the debtor in the contract of agricultural financing fails to comply 

 with any obligation the failure to comply with which might deprive him of the enjoyment 

 of the lands whose fruits are encumbered, the creditor for agricultural financing may 

 comply with the said obligation, and the amount thereof and the just expenses which 

 he may prove shall be added to his original credit and the guarantee of the fruits 

 shall extend to that additional amount. 



Art. X. The colonist shall have the analogous right in the contract when the 

 possessor, with a temporary title of the lands which are the object of the contract, 

 fails to comply with obligations which may deprive him of the enjoyment thereof. In 

 this case the colonist shall have the right to collect, at the nearest Kquidation of cane 

 to be made, that which he may have paid on account of the possessor and the just 

 expenses which he may prove. 



Art. XI. The sugar mill shall have the analogous right in the contract of grinding 

 of cane in case of failure to comply with obligations which may deprive the party 

 obligated to deliver the cane from the enjoyment of the lands. In this case the sugar 

 mill may discount at the nearest liquidation of cane the amount of that which it has 

 paid and the just expenses which it may prove. 



Art. XII. In case the debtor in the contract of agricultural financing is disposing 

 of the fruits given as a guaranty or there are well-foimded reasons to believe that 

 he is doing it to baffle the credit of the agricultural financier, or if he neglects the 

 cultivation of the fruits, the creditor may apply to the respective Court of First Instance, 

 and after he has proved the said facts by means of deposition of witnesses he may 

 cause a judicial intervention to be decreed for the care, harvesting, and sale of the 

 encumbered fruits. The court shall adapt to these proceedings the provisions set forth 

 in section second, Title XIV of Book Second of the Law of Civil Procedure. 



Art. XIII. All claims which the creditor for agricultural financing may establish 

 must be annotated in the register of ownership wherein the contract is inscribed, if he 

 thus requests at the time of instituting his complaint. 



Art. XIV. All complaint of ejectment for lack of compliance with any obligation 

 of the contract shall be accompanied by a certificate of the register of ownership 

 stating the existence or nonexistence of the contracts established by this law; and 

 without this certificate the complaint shall not be considered. Should one or more 

 of the contracts be referred to appear from the certificate, the judge, without suspending 

 the action of ejectment, shall summon those interested in the inscribed contracts to 

 use the right granted them by Articles IX, X, and XI of this law before rendering 

 judgment. The compliance by the financing creditor of the obligation not complied 

 with shall preclude the judgment of ejectment. 



Art. XV. When the price stipulated in the contract of grinding of cane is in 

 sugar, the mill must countermark weekly with the marks agreed upon the bags of 

 sugar pertaining to the party who has delivered the sugar in proportion to that which 

 has been delivered during that time; he may not dispose of the said bags, of which he 

 shall be considered the depository, without prejudice to his right to retain them in case 

 he is the creditor of the owners of the said sugar for advance payments concerning 

 the sugar crop in question. 



