TA 
 
 IC-NRLF 
 
 SB 11M 37D 
 
GIFT OF 
 
. 
 
 TRANSLATION" 
 
 OF THE 
 
 GENERAL LAW OF PUBLIC WORKS 
 
 OF THE 
 
 ISLAND OF CUBA, 
 
 AND 
 
 REGULATIONS FOR ITS EXECUTION. 
 
 WITH THE ADDITION OF ALL SUBSEQUENT 
 PROVISIONS PUBLISHED TO DATE. 
 
 (1891.) 
 
 WAR DEPARTMENT, 
 
 DIVISION OF CUSTOMS AND INSULAR AFFAIRS. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 1899. 
 
|> .3 
 
 5 "j v -. 
 V * *. - f/ 
 
GENERAL GOVERNMENT OF THE ISLAND OF CUBA, 
 
 Office of the Secretary, Department of Public WorTcs. 
 The Colonial Department, under date of the 19th of last April, com- 
 municates to His Excellency, the Governor- General, the following 
 Royal Order : 
 
 Considering the reasons submitted to me by the Colonial Secretary, 
 and by virtue of the authorization granted to the Government by 
 Article 89 of the Constitution of the Monarchy, and in conformity with 
 the report of the full Council of State, I have decreed as follows: 
 
 ARTICLE 1. In Cuba there shall govern a General Law of Public Works similar to 
 that decreed for the Peninsula on the 13th of April, 1877. 
 
 ART. 2. The Colonial Secretary shall draft the regulations for the execution of 
 this law and shall report this decree to the Cortes, which is sent to Your Excellency 
 by Royal Order, accompanying the law with a copy of the Gaceta of Madrid, in which 
 it has been published. 
 
 And in compliance with the superior order of Your Excellency, 
 dated the 19th of the present month, it is published, together with said 
 law, for general knowledge, together with the said General Law which 
 extends it to this Island. 
 Havana, May 30, 1883. 
 
 M. DIAZ DE LA QTJINTANA, 
 Secretary of the General Government. 
 
 3 
 
GENERAL LAW OF PUBLIC WORKS FOR THE 
 ISLAND OF CUBA. 
 
 [Approved by Royal Decree of this date.] 
 
 CHAPTER I. 
 
 CLASSIFICATION OF THE WORKS. 
 
 ART. 1. Pul)lic works for the purposes of this law shall be under- 
 stood to be those which are of general use or service, and such con- 
 structions as are devoted to the service and are in charge of the State, 
 of the Provinces, and of the towns. 
 
 In the first group are included roads, ordinary as well as railroads, 
 ports, light- houses, great irrigation canals, navigation canals, and the 
 works necessary to the disposition, use, and police of waters, retention 
 of rivers within their beds, draining of lakes and marshes, and sanita- 
 tion of lands. And the second group shall include public buildings 
 devoted to service depending on the Colonial Department. 
 
 ART. 2. The examination and approval of the projects, supervision 
 of the construction, and preservation of the public works, their police 
 and use, shall always be dependent on the Administration, in which- 
 soever of its central powers, and on the provincial and municipal 
 Administrations. . 
 
 ART. 3. Public works, both in relation to their plans and their con- 
 struction, operation, and preservation, may be charged to the State, to 
 the Province, to Municipalities, or to individuals or companies. 
 
 ART. 4. There are in charge of the State: 
 
 First. The highroads which are included in the general plan of those 
 which have to be taken care of with general funds. 
 
 Second. The work of retaining within their beds and making navi- 
 gable the principal rivers. 
 
 Third. Ports of commerce of general interest, as well as those of 
 refuge, and military ports. 
 
 Fourth. Light-houses and buoys. 
 
 Fifth. The drainage of great marshes, lakes, and inlets belonging to 
 the State. 
 
 Sixth. The construction, preservation, and operation of those rail- 
 roads of great national interest, which, because of high considerations 
 of government, shall not be turned over to individuals or companies. 
 
 Seventh. All other railroads of general interest, in so far as concerns 
 the concession, examination and approval of plans, and superindend- 
 
 5 
 
euce, in order to $ee-$hn.t- tjiey $>?$ constructed and operated in the saf- 
 est and most'prb'pe/ma'hnef. 1 -* ' ' * 
 
 Eighth. The construction and preservation of civil buildings neces- 
 sary to the service of the Administration. 
 
 (Article 1 of the Eegulations.) 
 
 ART. 5. There are in charge of the Province: 
 
 First. The roads included in the plan of those which have to be at- 
 tended to with provincial funds. 
 
 Second. The ports within its territory which, not being included in 
 the third paragraph of Article 4, offer greater advantages than those 
 of a given locality. 
 
 Third. The sanitation of lakes, marshes, and inundated lands in 
 which the Province is interested and which are not included in the 
 fifth paragraph of said article 4. 
 
 Fourth. The construction and preservation of the buildings neces- 
 sary for the service of the Provincial Administration. 
 
 (Article 56 of the Eegulations.) 
 
 ART. 6. There are in charge of the Municipalities: 
 
 First. The construction and preservation of local roads included in 
 the plan of those which have to be taken care of with municipal funds. 
 
 Second. The works for supplying water to the towns. 
 
 Third. The drainage of lakes and unhealthy lands which are not 
 included in the fifth paragraph of Article 4, nor in the third paragraph 
 of Article 5, and which affect one or more towns. 
 
 Fourth. Ports of merely local interest. 
 
 Fifth. The construction and preservation of the buildings necessary 
 for the service of the municipal Administration. 
 
 Sixth. The works necessary to make and ornament the streets, 
 squares, and boulevards of the towns. 
 
 (Article 91 of the Eegulatious.) 
 
 ART. 7. The following may be in charge of individuals or companies, 
 in accordance with the general provisions of this law and the special 
 provisions for each class of works: 
 
 First. Highroads and railroads in general. 
 
 Second. Ports. 
 
 Third. Irrigation and navigation canals. 
 
 Fourth. Drainage of lakes and marshes. 
 
 Fifth. Sanitation of unhealthy lauds. 
 
 Sixth. Water supply of towns. 
 
 CHAPTER II. 
 
 ADMINISTRATION AND ECONOMIC MANAGEMENT OF PUBLIC WORKS. 
 
 ART. 8. The following shall be in charge of the Colonial Secretary: 
 First. All that refers to the plans, construction, preservation, repair, 
 and police of the highroads in charge of the State. 
 
Second. All that concerns the method and form of the constitution 
 of partnerships or companies which may demand concessions of rail- 
 roads of general interest, the granting of these concessions and privi- 
 leges corresponding thereto, the examination and approval of the 
 plans, and the service for the inspection which the State shall exercise 
 in the construction, preservation, operation, and police of said railroads. 
 
 Third. All that refers to the construction and operation of those rail- 
 roads of great public interest which, according to paragraph 6 of Arti- 
 cle 4, are declared by special laws to be in charge of the State. 
 
 Fourth. Irrigation and navigation canals which may also be in charge 
 of the State, in whatever relates to the drafting of plans, to works of 
 construction, preservation, and improvement, and, finally, to the 
 technical part of the distribution of the water and the policing of 
 the navigation. 
 
 Fifth. The management and police of public waters, of rivers, tor- 
 rents, lakes, streams, canals of artificial currents ; the works relative to 
 navigation, river navigation, to the defenses of the border of the rivers 
 and lowlands exposed to be swept away or inundated; the draining of 
 public waters, sanitation of marshy lands, and, finally, the technical 
 policing of inland navigation. 
 
 Sixth. The works of construction, preservation, and repair of the 
 ports in charge of the State, and the technical policing of the same. 
 
 Seventh. The light-houses and all classes of maritime signals and 
 buoys on the coasts. 
 
 Eighth. Everything in connection with the construction, building of 
 additions, improvement and preservation of the civil buildings devoted 
 to services dependent on the Colonial Department, and with those con- 
 structions which have the character of artistic and historic monuments. 
 
 Ninth. The inspection of public works which are in charge of the 
 Provinces or the Municipalities. 
 
 (Articles 78, 89, 101, and 120 of the Eegulations.) 
 
 ART. 9. The Provincial Administration, according to the Organic 
 Law, shall have charge of 
 
 First. The highways, which, according to this Law, are in charge of 
 the Provinces, as well as those which have to be provided for wholly 
 with provincial funds in matters relative to the studies, construction, 
 preservation, repair, and policing of said highroads. 
 
 Second. Navigation and irrigation canals declared to be exclusively 
 of provincial interest, the technical part of the distribution of the 
 water, and of the policing of the navigati9n. 
 
 Third. The sanitation of lakes and marshy lands declared of exclu- 
 sive interest to the Provinces. 
 
 Fourth. The construction and improvement of the buildings having 
 a provincial character devoted to public service, and the preservation 
 of historic and artistic monuments. 
 
 (Article 56 of the Regulations.) 
 
8 
 
 ART. 10. The Municipal Administration shall, in accordance with the 
 Organic Laws, Lave charge of 
 
 First. The construction, repair, and preservation of local roads paid 
 for by the Municipal Councils or which should be in charge of them, 
 according to the provisions of this Law. 
 
 Second. The water supply of towns, in so far as the construction of 
 the works or the concession of the same to private enterprises is con- 
 cerned. 
 
 Third. The drainage of lakes or unhealthy lands which are declared 
 of purely local interest. 
 
 Fourth. The construction and preservation of ports of local interest. 
 
 Fifth. The construction and improvement of buildings devoted to 
 public service which depend on the Colonial Department, and the pres- 
 ervation of historic and artistic monuments. 
 
 Sixth. Highways and ornamentation of towns. 
 
 (Article 91 of the Regulations.) 
 
 ART. 11. The public works which have to be paid for with funds of 
 the State shall be executed subject to the credits voted in the general 
 budgets or in special laws. 
 
 ART. 12. In all the annual or general budgets of the State there 
 must appear exactly the amounts necessary for the preservation of 
 actually existing public works, which are in charge of the Colonial 
 Department, as well as those which the economic resources will permit 
 for carrying on those already commenced, and for undertaking other 
 new ones. 
 
 ART. 13. No amount whatever can be expended in public works of 
 the State in this Island under the Colonial Department, except in 
 accordance with a project duly approved, according to the provisions 
 of the present law. 
 
 ART. 14. In the annual budgets of the Province^, there must be 
 included exactly the amounts which may be necessary for the preserva- 
 tion of such actually existing works as are in charge of the Provinces, 
 as well as whatever the resources of the said Provinces may permit 
 for the prosecution of those already begun and for the undertaking of 
 other new ones. 
 
 (Article 64 of the Regulations.) 
 
 ART. 15. No other provincial public work can be undertaken except 
 in accordance with a project previously approved by the proper Depu- 
 tation, after report of the Chief Engineer of the Province, or of the 
 Provincial Architect, if the.re be one, in case of a work included under 
 the name of civil construction. 
 
 (Articles 59, 89, and 120 of the Regulations.) 
 
 ART. 16. In the municipal budgets there shall appear precisely the 
 amounts necessary for the preservation of public works which are in 
 charge of the Municipal Councils, as well as what the resources of the 
 
Municipality may permit for the prosecution of those already com- 
 menced and for the undertaking of other new ones. 
 
 (Article 99 of the Regulations.) 
 
 ART. 17. No other municipal public work can be undertaken without 
 a project previously approved by the Governor of the Province, after 
 hearing the Chief Engineer of the same, or the Provincial or Municipal 
 Architect, in case of a civil building or construction. 
 
 (Article 93 of the Regulations.) 
 
 ART. 18. In the execution of all public works there must be observed, 
 in so far as the investment of general provincial or municipal funds is 
 concerned, the rules established in the Law of Accounting and in the 
 organic laws of the Deputation and the Municipal Councils of this 
 Island, as well as in the provisions of the Eoyal Decree of the 5th of 
 May, 1876, in force for contracting public works when they are to be 
 executed by contract. 
 
 CHAPTER III. 
 
 WORKS PAID FOR BY THE STATE. 
 
 ART. 19. The Colonial Department shall, at the proper time, formu- 
 late the general plan of public works which have to be paid for by the 
 State, presenting the respective drafts of the law, in which these are 
 determined and classified in their order of preference, to the Cortes. 
 
 (Article 2 of the Regulations.) 
 
 ART. 20. The Government can not undertake any public work for 
 which there has not been a provision made in the budgets, assigning the 
 proper credit. In any other case, in order to undertake a work, it shall 
 be necessary for the Government to be authorized to do so by a special 
 law. From this requisite are excepted works of mere repair, as well as 
 those of new construction, which shall be declared of admitted urgency 
 by the Colonial Department or its delegates, after report of the Con- 
 sulting Board of Roads, Canals, and Ports and of the full Council of 
 State. 
 
 (Articles 9, 10, 11, and 12 of the Regulations.) 
 
 The Colonial Secretary shall himself make use of the privilege to 
 declare a work of admitted urgency which this article confers on him, 
 when its value exceeds five thousand pesos. If the amount should be 
 less, the Governor-General may authorize its execution, after favor- 
 able report of the Chief Engineer of the Province and of the Admin- 
 istrative Council which hears disputes, immediately reporting it to the 
 Government. 
 
 ART. 21. No amounts whatsoever shall be included in the general 
 budgets of the State for public works which are not included in the 
 plans referred to in Article 19, unless the Government has been author- 
 ized to do so by a special law. In any case, in order to include the 
 value of a work in the general budget, it shall be necessary that there 
 
10 
 
 be a previous study made and that the project receive the proper 
 approval. 
 
 Concerning works of preservation and repair, it shall be sufficient 
 that the general credit for this purpose be included in the budgets of 
 the State existing at the time in which these works are to be executed. 
 
 (Article 13 of the Eegulations.) 
 
 ART. 22. With the legislative credits, the Government may order the 
 study of public works, the execution of which it deems convenient, in 
 compliance with the provisions of the two preceding articles. 
 
 (Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Regulations.) 
 
 ART. 23. The Government may impose assessments and taxes for the 
 use of works which are building with general funds, without prejudice 
 to the rights which may have been acquired, and making report 
 thereof to the Cortes. 
 
 ART. 24. The Government may construct the works in charge of the 
 State by management or by contract. The first method shall be 
 applied only to those works which can not be contracted for because 
 of their special conditions, or because they can not be easily provided 
 for in the budgets, because of the predomination of the hazardous 
 parts in them, or for any other reason. 
 
 (Article 14 of the Regulations.) 
 
 ART. 25. The Government may contract for public works of which 
 it may be in charge: 
 
 First. By obligating itself to pay the value of the works, according as 
 they are being constructed at the times, and in the manner which may 
 be determined on in the special provisions of each contract, and in the 
 general conditions which should be contained in all those referring to 
 this service. 
 
 Second. By granting to contractors the right to dispose of, for a speci- 
 fied time, the proceeds of the assessments which may have been estab- 
 lished for the use of the work according to the provisions of Article 
 23 of the present law. 
 
 Third. By combining the two methods referred to. 
 
 (Article 17 of the Regulations.) 
 
 ART. 26. When the works which the State has constructed may be 
 operated with profit, this shall be done by means of a contract 
 awarded after public bidding, excepting in the cases in which, because 
 of special circumstances, it is declared proper that the Government 
 shall take charge thereof. This declaration shall be made by a decree 
 issued by the Colonial Department, after hearing the Consulting Board 
 of Roads, Canals, and Ports, and the Colonial Department of the 
 Council of State. 
 
 (Articles 6 and 54 of the Regulations.) 
 
 ART. 27. In the works which are executed at the expense of the 
 State in the manner indicated in the second and third paragraphs of 
 Article 25, the prices which are fixed for the use and operation of said 
 works shall not exceed the schedule of rates in accordance with which 
 
11 
 
 the award may have been made; but these rates may be reduced if the 
 person to whom the award has been made shall deem it convenient, 
 subject to the conditions which are prescribed in the contract. 
 
 ART. 28. In the articles of conditions of each contract shall be 
 included the gratuitous services which those to whom the contract has 
 been awarded must render, and the special rates for different public 
 services. 
 
 ART. 29. The study of the projects, the direction of the works which 
 are executed by management, and the supervision of those which are 
 constructed by contract, shall, in all cases where the works are in 
 charge of the State, be carried on by the Corps of Engineers of Koads, 
 Canals, and Ports. The Government, through the same Engineers, 
 shall carry on the inspection of provincial and municipal works which, 
 according to the ninth paragraph of Article 8 of the present Law, is 
 attributed to it. 
 
 Civil constructions are excepted, the study, management, and super- 
 vision of which should be intrusted to architects having professional 
 degrees, who shall be approved by the Colonial Secretary. 
 
 (Articles 15 and 18 of the Regulations.) 
 
 ART. 30. Contractors shall be at liberty to select such persons as they 
 may deem proper for the direction of the works which they obligate 
 themselves to construct, who shall in all cases exercise their duties 
 under the surveillance and inspection of the Government agents, as 
 provided for in the previous article. 
 
 ART. 31. Contractors of State works, their employees, and laborers 
 shall have the local benefits of the use of firewood, pasturage, and 
 other rights which the inhabitants of the towns within the district in 
 which said works are included, may enjoy. 
 
 ART. 32. The works of preservation and repair which are necessary 
 for works in charge of the State, shall be carried on by the Colonial 
 Department, adjusting themselves to the credits which shall have been 
 assigned for that purpose in the general budgets, in accordance with 
 the provisions of Article 12 and of paragraph 2 of Article 21 of this 
 Law. 
 
 (Article 8 of the Eegulations.) 
 
 CHAPTER IT. 
 
 PROVINCIAL WORKS. 
 
 ART. 33. There shall be established in each Province, after the pro- 
 ceedings which the Regulations may provide, the plans of public works, 
 which, in accordance with Article 5 of this Law, shall be in charge of 
 the respective Deputation. 
 
 These plans, in which the works shall be classified, showing the 
 order of preference in which they should be constructed, shall be sub- 
 mitted for the approval of the Colonial Secretary. 
 
 (Articles 56, 57, and 58 of the Regulations.) 
 
12 
 
 ART. 34. IsTo works sliall be undertaken at the expense of provincial 
 funds, unless tbere be included the proper credit for this purpose in 
 the budget of expenses of the Province. 
 
 ART. 35. In order that the appropriation for a public provincial work 
 be included in the general expenses of the Province, it shall be neces- 
 sary that said work be included in one of the plans referred to in Arti- 
 cle 33, and that its project be previously and duly approved in the 
 manner prescribed by Article 15 of the present Law. 
 
 Exception is made, however, of cases of admitted urgency, in which, 
 after a special law or declaration of the Colonial Secretary, and after 
 the proceedings provided for by the Regulations have taken place, the 
 necessary credit for the execution of the work in question may be 
 included in the budget of the expenses of the Province. But even in 
 these special cases the proceedings of the study of the project and its 
 approval must always have been first had, in accordance with the pro- 
 visions of said Article 15, and also the declaration of public utility, 
 which should be made in accordance with the provisions of the present 
 law. 
 
 (Articles 60, 62, and 63 of the Regulations.) 
 
 ART. 36. With the credits which shall be included in the provincial 
 budget, the Deputations may decide that the study of such public 
 works in their charge as they may deem proper, shall be made, in accord- 
 ance with the provisions of the two preceding articles. 
 
 ART. 37. The Provincial Deputations may impose taxes for the use 
 of the work in their charge in order to reimburse themselves for the 
 amount which they may have devoted to that purpose. The imposition 
 of these taxes shall in all cases be submitted for the approval of the 
 Government. 
 
 (Articles 65 and 87 of the Regulations.) 
 
 ART. 38. The Deputations may execute their works by management 
 or by contract, proceeding in each case as provided by Articles 24 to 28, 
 both inclusive, of the present Law in the manner prescribed therein 
 concerning the works in charge of the State. 
 
 (Articles 60 and 61 of the Regulations.) 
 
 ART. 39. The projects, direction, and supervision of the works which 
 are executed with provincial funds, shall be carried on by Engineers of 
 Roads or by Assistants of Public Works. Civil constructions of a 
 provincial character are excepted, which may be in charge of architects 
 who have their professional degree. 
 
 Among the conditions established in each case shall be the naming 
 of these technical agents by the proper Provincial Deputation. 
 
 (Articles 61, 66, 67, 68, and 71 of the Regulations.) 
 
 ART. 40. Contractors of provincial works may submit the direction 
 of the same to such persons as they may deem proper, keeping in mind 
 the provisions of Article 30 concerning the works of the State; and 
 these persons shall have the benefits allowed by Article 31 to those 
 who contract for works which shall be executed with general funds. 
 
13 
 
 ART. 41. The works of preservation and repair which may be neces- 
 sary for the works which are in charge of the Provinces, shall be carried 
 on with reference to the credits which, as provided in Article 14 of the 
 present Law, shall appear in the provincial budgets. 
 
 (Article 64 of the Regulations.) 
 
 ART. 42. Provincial public works shall be inspected by the Govern- 
 ment, in accordance with the provisions of this Law, whenever the 
 Colonial Secretary or the Governor-General thus orders, which shall 
 at least be when they are finished and before they are turned over to 
 public use. 
 
 (Articles G9 and 70 of the Regulations.) 
 
 CHAPTER V. 
 
 MUNICIPAL WORKS. 
 
 ART. 43. Municipal Councils shall, 'by the proceedings prescribed 
 by the Regulations, formulate the plans of public works which may be 
 in their charge, which shall be submitted for the approval of the Gov- 
 ernor of the Province. If, from the decision of said authority approv- 
 ing or disapproving these plans there should be any appeal, the entire 
 proceedings shall be sent to the Colonial Secretary, who shall defi- 
 nitely decide. 
 
 (Articles 91 and 92 of the Regulations.) 
 
 ART. 44. No municipal work can be carried out if in the budget of 
 the respective Municipal Council there shall not be a credit assigned 
 for this purpose, in the manner prescribed by the Laws and Regu- 
 lations. 
 
 (Article 93 of the Regulations.) 
 
 ART. 45. In order that the appropriation for a municipal work may 
 appear in the budget of the proper Municipal Council, it is necessary 
 that said work be included in one of the plans referred to in Article 43, 
 and that its project shall have been duly approved in the manner pre- 
 scribed by Article 17 of the present Law. Exception is made in cases 
 of admitted urgency, when, after the Governor has declared it, and 
 after the Provincial Deputation has been heard, and with the right of 
 appeal to the Governor on the part of the Municipal Council interested, 
 there may be included in the Municipal budget the credit necessary for 
 the execution of the work. Even in such cases a plan must have pre 
 viously been drawn and the project approved, and the declaration of 
 public utility of the works made, in conformity with the provisions of 
 the present Law. For the approval of plans for municipal works 
 affecting territories of towns belonging to different provinces, the Gov- 
 ernors of the said provinces shall agree, and if there be any disagree- 
 ment the papers shall be sent through the Governor-General with his 
 report to the Colonial Secretary, who, after hearing the opinion of the 
 
14 
 
 Consulting Board of Roads, Canals, and Ports, shall decide, with no 
 further appeal. 
 
 (Articles 95 and 96 of the Regulations.) 
 
 ART. 46. Municipal Councils may impose assessments and taxes on 
 the works which are executed at their cost in order to reimburse them- 
 selves for the amount which they may have expended. For the impo- 
 sition of these taxes the authorization of the Government shall be 
 necessary, which, in order to grant it, shall first hear the report of the 
 Governor of the Province. 
 
 (Articles 98 and 119 of the Regulations.) 
 
 ART. 47. Municipal Councils may construct their works by man- 
 agement or by contract, subject to the provisions of the present Law 
 concerning this matter, in connection with the works in charge of the 
 State and of the Provinces. 
 
 (Article 94 of the Regulations.) 
 
 ART. 48. For the drafting of projects, direction and supervision of 
 the works which have to be constructed with municipal funds, Munici- 
 pal Councils may name the person whom they believe best fitted 
 therefor, provided he has the necessary professional degree to accredit 
 his ability. 
 
 (Articles 100 and 102 of the Regulations.) 
 
 ART. 49. The works of preservation and repair which are necessary 
 for works in charge of Municipal Councils, shall be carried out with- 
 out any other limitation than that they must come within the credits 
 which, in accordance with Article 16, shall be contained in the munic- 
 ipal budgets for that purpose. 
 
 (Article 99 of the Regulations.) 
 
 ART. 50. Roads of communication, and the other public works which 
 are constructed at the expense of the Municipal Councils, shall be 
 inspected by the technical agents of the Government whenever the 
 Governor may deem this proper, and in all cases shall be submitted to 
 the inspection of these agents before being turned over to public use. 
 
 From this provision is excepted the ordinary building of paths and 
 local roads. 
 
 (Articles 101 and 110 of the Regulations.) 
 
 CHAPTER VI. 
 
 WORKS EXECUTED BY INDIVIDUALS FOR WHICH NO SUBSIDY OR 
 OCCUPATION OF THE PUBLIC DOMAIN IS ASKED. 
 
 (Articles 89, 90, and 120 of the Regulations.) 
 
 ART. 51. Individuals and companies may construct, without further 
 restrictions than those imposed by the Police, Safety, and Public Health 
 Regulations, any work whatsoever of private interest which does not 
 occupy or affect the public domain or that of the State, or which does 
 not demand the exercise of the right of eminent domain over private 
 property. 
 
15 
 
 ART. 52. Individuals and companies may also build and operate pub- 
 lic works devoted to general use and the others which are enumerated 
 in Article 7 of this Law, when given the right to do so by concession. 
 
 ART. 53. Said concessions, providing that no subsidy or constant 
 occupation of the public domain is requested, or that they do not 
 destroy the plaus which are referred to in Articles 19, 33, and 43, shall 
 be granted by the Colonial Department, by the Provincial Deputation, 
 or by the Municipal Council, respectively, in whose charge the works 
 may be. The concessions of works for which no subsidy is requested, 
 but which destroy the plans of the works in charge of the State, 
 referred to in Article 19, can not be granted except by means of a law. 
 In the same case those which destroy the plans of municipal or pro- 
 vincial works, referred to in Articles 33 and 43, can not be granted 
 except by means of Eoyal Decrees issued by the Colonial Department. 
 
 (Articles 19, 72, 73, 103, and 104 of the Regulations.) 
 
 ART. 54. In -all cases the concessions referred to in the preceding 
 article shall not be granted for more than ninety-nine years, unless 
 the very character of the work should demand a longer period, which 
 shall be always granted by a law. When the time of the concession 
 has run, the work shall become the property of the State, of the Prov- 
 ince, or of the Municipality in whose charge it might be. Every con- 
 cession shall be granted without prejudice to third parties and protect- 
 ing the interests of private persons. 
 
 ART. 55. In order that a concession to an individual or company of 
 a work in the cases referred to in Article 53 may be granted, there 
 shall be necessary a project with all the facts which, according to 
 the provisions of the Regulations, may be necessary to form a judgment 
 of the work, of its objects, and of the advantages which will inure to 
 the general interests from its construction. 
 
 (Articles 20, 21, 22, 74, and 105 of the Regulations.) 
 
 ART. 56. In order to form the project referred to in the preceding 
 article, the petitioner may request of the Colonial Department, of the 
 Governor-General, or of the proper corporations, the necessary author- 
 ization. 
 
 This authorization shall only carry with it 
 
 The power to enter the private property of another in order to make 
 the studies, after having received the permission of the owner, man- 
 ager, or attendant who may reside on the property or near it; and oth- 
 erwise, or when this is not granted, on the permission of the Alcalde, 
 who shall always grant it when there is security, by means of a reason- 
 able sum, for the immediate payment of the damages which may arise. 
 
 (Articles 20, 21, 74, and 105 of the Regulations.) 
 
 ART. 57. Individuals or companies which ask to construct or operate 
 a public work, shall direct their petition to the Colonial Secretary, to 
 the Govern or- General, or to the corporation which in each case has 
 power to grant the concession, accompanied by the project mentioned 
 in Article 55, and also by a document showing that there has been 
 
16 
 
 deposited, as a guaranty of the proposal, 1 per cent of the estimate 
 of said work. 
 
 (Articles 23, 75, and 106 of the Eegulations.) 
 
 ART. 58. The Government, in cases in which it has the right to do 
 so in accordance with Article 53, shall grant the concession, after con- 
 sulting, in order better to form its judgment, the reports which concern 
 each kind of works which may be established by special laws and by 
 the Eegulations, there being necessary as an indispensable requisite 
 for the approval of the project, the previous opinion of the Consulting 
 Board of Eoads, Canals, and Ports, or of the Eoyal Academy of Sail 
 Fernando, as the case may be. 
 
 When, according to the provisions of said article, a concession has to 
 be granted by the legislative power, the Colonial Secretary shall pre- 
 sent to the Cortes the proper form of law, if from the proceedings there 
 should result the approval of the convenience of carrying out the work 
 referred to in the petition. 
 
 The Provincial Deputation and Municipal Councils shall follow the 
 provisions of the Eegulations for the course of the proceedings to 
 obtain the concession which they may have power to grant, in accord- 
 ance with Article 53 of the present Law. 
 
 (Articles 24, 25, 26, 27, 76, 77, 107, 108, and 109 of the Eegulations.) 
 
 ART. 59. As a general rule, there shall appear in the terms of every 
 concession the following : 
 
 First. The amount which shall be deposited by the concessionaire as 
 a guaranty of the fulfillment of his engagements, which shall be from 
 3 to 5 per cent of the estimate of the works. 
 
 Second. The time in which the work shall begin and end. 
 
 Third. The conditions for the establishment and for the use of the 
 works, which in each case may be deemed convenient, in accordance 
 with the laws. 
 
 Fourth. The cases of forfeiture and the consequences of this forfeiture. 
 
 (Articles 28, 29, 77, 109, and 110 of the Eegulations.) 
 
 ART. 60. The asking of subsidy after the said concession has been 
 granted, shall be considered as a case of forfeiture of a concession 
 included in Article 53. When by means of a law a subsidy or an aid 
 with public funds in order to execute the work shall be granted, the 
 subsidy or the aid shall not inure directly to the benefit of the former 
 concessionaire, but only to that of the work itself, which shall be imme- 
 diately submitted to public auction, in accordance with the provisions 
 of this Law, concerning subsidized works. 
 
 (Article 29 of the Eegulations.) 
 
 ART. 61. When more than one petition for the same work is pre- 
 sented, the one shall be preferred which offers the greatest advantages 
 to the public interests. In order to determine these advantages, the 
 Colonial Department, or the corporations which in a proper case have 
 the right to grant the concessions, shall proceed to obtain the reports 
 provided for by the Eegulations. 
 
17 
 
 When the Colonial Secretary has the authority to grant the conces- 
 sion, before deciding on the preference between the petitions, he shall 
 hear the corporation interested and the Colonial Department of the 
 Council of State. 
 
 (Articles 33, 80. 112, 113, and 118 of the Eegulations.) 
 
 ART. 62. If from the reports referred to in the preceding article it 
 shall appear that there is an equality among the proposals made, the 
 concession shall be granted by means of a public bidding, in which 
 not only the petitioners, but any other person who shall prove that he 
 has made the deposit of one per cent of the estimate of the work, may 
 take part. 
 
 The bidding shall be in the first place on the reduction of the rates 
 of operation, and if in these there should result an equality of reduc- 
 tions, then in the period of the concession. The one to whom the award 
 is made shall be obliged to pay to the signer of the petition which 
 may have been first presented, in case the latter shall not have been 
 the best bidder, the expenses of the project according to the expert 
 appraisal of the same made before the public bidding. 
 
 (Articles 34, 35, 36, 37, 38, 39, 81, 82, 113, and 114 of the Eegulations.) 
 
 ART. 63. To concession of a public work, asked by companies or 
 individuals, can be made without the previous publication of their 
 petition in the Gaceta de Madrid and of Havana and in the Boletin 
 Oficial of the respective province, fixing the period of thirty days for 
 the admission of other propositions which may be better than the first. 
 
 (Article 32 of the Eegulations.) 
 
 ART. 64. When the concession of a public work is made, the Govern- 
 ment, or the corporations which in a proper case may have granted it, 
 shall supervise, through their technical agents, the construction of the 
 work, in order that the stipulated conditions may be observed. The 
 same supervision shall be observed in connection with the operation, 
 when the works have been completed, and when such operation is 
 authorized in the manner prescribed by the Eegulations. 
 
 (Articles 40, 78, and 110 of the Eegulations.) 
 
 ART. 65. The concessionaire may, after authorization by the Colonial 
 Department, or the corporation which may have granted the conces- 
 sion, alienate the works, provided that the grantee shall obligate him- 
 self in the same terms and with the same guaranties as the first con- 
 cessionaire, for the fulfillment of the stipulated conditions. 
 
 ART. 66. The guaranty referred to in the first paragraph of Article 
 39 shall not be returned to the concessionaire until he has proved the 
 construction of works to an amount equivalent to a third part of those 
 included in the concession. Said works shall then take the place of 
 the guaranty, and shall be liable for the fulfillment of the provisions 
 of the concession. 
 
 (Article 28 of the Eegulations.) 
 21634 2 
 
18 
 
 ART. G7. The declaration of forfeiture of the concession of a public 
 work of those included in this Chapter, whenever made, shall be by 
 the Colonial Department, or the corporation which might have granted 
 it, and always after proceedings in which the interested party must be 
 heard. 
 
 (Articles 29, 30, 78, and 111 of the Regulations. ) 
 
 ART. 68. The forfeiture of the concession by reason of infractions 
 imputable to the concessionaire shall always carry with it the loss of 
 the guaranty, to the benefit of the general Provincial or Municipal 
 Administration, as the case may be. 
 
 (Articles 31, 79, and 111 of the Regulations.) 
 
 ART. 69. If on the declaration of forfeiture the construction of the 
 work shall not even have been commenced, the Administration shall be 
 relieved of all agreements with the concessionaire. If the works have 
 already been commenced, but if they should not be sufficient in order 
 to return his guaranty to the concessionaire, the works constructed 
 shall be offered to public bidding for a period of three months, and the 
 basis of the bids shall be the value of the acquired lands, of the com- 
 pleted works, or the materials thereon. The works shall be awarded 
 to the one who offers most for them, and the new concessionaire shall 
 then pay to the first the amount of the bid, and shall be subrogated to 
 him in all his rights and obligations. In both cases the first conces- 
 sionaire shall forfeit his guaranty. 
 
 (Articles 31, 79, and 111 of the Regulations.) 
 
 ART. 70. If on the declaration of forfeiture the guaranty shall have 
 been returned, the works completed by the concessionaire shall in the 
 same way be offered to public bidding, for a period of two months, on 
 the same basis. From the amount offered by the best bidder, who shall 
 be declared to be the owner of the concession, the Administration shall 
 reserve the amount of the returned guaranty, and the difference, should 
 there be any, shall be turned over to the first concessionaire. 
 
 (Articles 31, 79, and 111 of the Regulations.) 
 
 ART. 71. In the cases of the preceding articles, if there shall not be 
 any auction by reason of an absence of bidders, the executed work 
 shall again be put up for public bids for a period of one month, on the 
 same basis. 
 
 If the concession is not awarded in any of the auctions, the State, 
 Province, or towns which may have granted the execution of the works, 
 shall take charge and shall use them in the manner deemed convenient, 
 without the right to any claim whatsoever oji the part of the conces- 
 sionaire, whose rights shall be declared forfeited. 
 
 (Articles 31, 79, and 111 of the Regulations.) 
 
 ART. 72. No work for the operation of which there may be necessary 
 the occupation of another work belonging to the State, the Province, or 
 towns can be granted without previous public bidding, on the basis 
 which may be determined for this purpose. There shall be reserved 
 
19 
 
 the right of preference on equal terms to the petitioner, and when the 
 concession is not granted to him he shall be paid, by the one to whom 
 it is awarded, the amount of the project, according to expert appraisal 
 made and advertised before the public sale. 
 (Articles 38, 82, and 114 of the Regulations.) 
 
 CHAPTER VII. 
 
 WORKS SUBSIDIZED WITH PUBLIC FUNDS, BUT WHICH DO NOT 
 OCCUPY THE PUBLIC DOMAIN. 
 
 (Articles 89, 90, and 120 of the Regulations.) 
 
 ART. 73. Whenever a subsidy of any kind is requested for the execu- 
 tion by individuals or companies of a public work, which shall not con- 
 stantly occupy or make use of a part of the public domain, the conces- 
 sion for this purpose, when the subsidy shall be given by a Province or 
 some Municipality, shall be made by the corporation in whose charge 
 the works are, but in every case after public bidding; and if the sub- 
 sidy shall come from the State the concession shall moreover be the 
 subject of a law. 
 
 By subsidy, for the purposes of this article, is understood any direct 
 or indirect aid whatsoever from the public funds, including the exemp- 
 tion of customs duties on the material which is to be introduced from 
 abroad, which exemption must always be granted by a law. 
 
 (Articles 73 and 104 of the Regulations.) 
 
 ART. 74. The concessions referred to in the preceding article shall 
 always be temporary and can not exceed ninety-nine years. When 
 this period has elapsed, the work shall become the property of the 
 State, Province, or town which may have granted the subsidy. 
 
 ART. 75. The individuals or companies who request a subsidy of 
 public funds to construct a work of those referred to in this Chapter, 
 may ask for the necessary authorization to make the proposed studies 
 in the terms and with the rights mentioned in Article 56 of the present 
 Law. The petition for the concession shall be accompanied by a com- 
 plete project of the works, according to the provisions of the Regula- 
 tions, and also a document showing that the petitioner has deposited, 
 as a guaranty for the fulfillment of the propositions which he may have 
 made or admitted in the course of the proceedings, the 1 per cent of 
 the total estimate of the said works. 
 
 (Articles 41, 83, and 115 of the Regulations.) 
 
 ART. 76. The Colonial Department, or the proper corporation, shall 
 make investigation, as determined by the Regulations, in order to prove 
 the utility of the project. If the work referred to should be included 
 in the plans referred to in Articles 19, 33, and 43 of this Law, it shall 
 not be necessary to make this investigation. 
 
 (Articles 41, 83, and 115 of the Regulations.) 
 
20 
 
 ART. 77. When the project is approved in the manner prescribed by 
 the Regulations, when the work "has been gone over on the ground by 
 the Engineers of the State, or by the technical officials designated 
 by the Deputation or Municipal Councils, according to circumstances, 
 and when the conditions of the concession are mutually accepted, the 
 Colonial Secretary, in case of State works, shall present to the Cortes 
 the form of law necessary to grant it, in accordance with the provisions 
 of Article 73. 
 
 (Articles 41, 42, 43, and 84 of the Regulations.) 
 
 ART. 78. When the maximum subsidy which may be given for the 
 projected work has been fixed by a law, in case of State works, or by 
 the Deputation or the proper Municipal Council, in case of works in 
 charge of these corporations, the concession shall be offered for public 
 bids on this basis for three months; and it shall be awarded to the 
 best bidder, with the obligation to pay to the petitioner, if he should 
 not be given the award, the value of the studies of the project, in 
 accordance with the expert appraisal made and announced previously 
 to the bidding, in the form determined by the Regulations. 
 
 (Articles 43, 44, 45, 52, 53, 84, 86, and 116 of the Regulations.) 
 
 ART. 79. In order to take part in the bidding it is necessary to prove 
 that there has been deposited, as a guaranty of the propositions which 
 are presented, the 1 per cent of the total value of the work, according 
 to the approved estimate. 
 
 (Articles 43, 84, and 116 of the Regulations.) 
 
 ART. 80. In no case can the instrument awarding the concession be 
 executed until the concessionaire has proved that he has deposited, as 
 a guarantee of the fulfillment of his obligations, 5 per cent of the 
 estimated value of the works. 
 
 If the concessionaire allows fifteen days to pass without depositing 
 the guaranty, the award shall be declared to be without effect, with the 
 loss of the deposit referred to in the preceding article, the concession 
 or the work being again put up for public bids for the period of forty 
 days. 
 
 The guaranty treated of in this article shall not be returned to the 
 company to which the concession is granted until the works of the con- 
 cession shall be completely finished and in condition for operation. 
 
 (Articles 46, 85, and 117 of the Regulations.) 
 
 ART. 81. The provisions of Article 64 of the present law concerning 
 the supervision which the Administration must exercise over the works 
 during their construction and operation, are applicable to subsidized 
 works. 
 
 The supervision of subsidized works shall extend also to the eco- 
 nomic and mercantile part of the company to which the concession is 
 granted, so that the delivery of the aids or subsidies shall be made in 
 proportion to the executed works, in accordance with the stipulated 
 provisions. 
 
 (Articles 55 and 88 of the Regulations.) 
 
21 
 
 ART. 82. No variation or modification whatever may be made in the 
 project which shall serve as the basis of a subsidized concession with- 
 out a competent authorization of the Colonial Department or the cor- 
 poration which might have granted it. 
 
 The authorization of the Colonial Department in connection with 
 works subsidized by the State can not be granted until after hearing 
 the proper corporation and the full Council of State, and after fulfilling 
 the other requisites required by the Regulations for the execution of 
 this law. 
 
 (Articles 47 and 45 of the Regulations.) 
 
 ART. 83. When, in consequence of the variations referred to in the 
 preceding article, the cost of the works is diminished, the amount of 
 the aid or subsidy shall be reduced proportionately to such diminution. 
 
 If the variations or modifications should result in increasing the 
 cost, even when by means of them the works will be perfected or ad- 
 vantages obtained in their use or operation, the subsidies and the 
 aids granted by the law of concession shall not for these reasons be 
 increased unless the contrary shall be provided for by special law. 
 
 (Articles 47 and 85 of the Regulations.) 
 
 ART. 84. The declaration of forfeiture of the subsidized concession 
 shall be made by the Colonial Department in all cases affecting State 
 works, and in the other cases by the Deputation or the Municipal 
 Council which, in accordance with Article 73, may have granted such 
 concessions. 
 
 Whenever the forfeiture of a concession with subsidy has been finally 
 declared, the amount of the guaranty which, in accordance with Arti- 
 cle 80, may have been required from the concessionaire, shall remain 
 for the benefit of the State, or of the proper corporation. 
 
 (Articles 48 and 85 of the Regulations.) 
 
 ART. 85. Concessions of subsidized public works shall be absolutely 
 forfeited if the work shall not be begun or terminated entirely, or in 
 the parts into which it may have been divided, within the time deter- 
 mined on. 
 
 Whenever there is a case of force majeure, and it is duly proved by 
 virtue of an investigation made, as provided by the Regulations, the 
 time may be extended for that absolutely necessary. If the subsidy 
 comes from general funds, the Colonial Secretary must grant the exten- 
 sion of time, after hearing the Council of State. 
 
 At the end of the extension, the concession shall be forfeited, if 
 within that period the stipulations are not carried out. 
 
 (Articles 49 and 85 of the Regulations.) 
 
 ART. 86. When by the fault of the company the public service of a 
 subsidized work is interrupted, the Colonial Secretary, the Deputations, 
 or the Municipal Council, as the case may be, shall immediately adopt 
 the necessary measures to assure its provisional operation at the 
 expense of the concessionaire. 
 
22 
 
 Within six months the company must prove that it has sufficient 
 resources to continue the operation, which it may assign to another 
 company or to a third person, after previous special authorization of 
 the Government or the proper corporation. If even by these means the 
 service is not continued, the concession shall be considered forfeited. 
 
 (Articles 50 and 85 of the Kegulations.) 
 
 ART. 87. From the resolution of the Government declaring forfeiture 
 the concessionaire may appeal, by the administrative jurisdiction on 
 contests, within the period of two months from the day on which he 
 may have been notified. When this period has passed without an 
 appeal being made, the decision of the Government shall be considered 
 as consented to. 
 
 The concessionaires may also appeal by the administrative jurisdic- 
 tion of contests, within the same time, from the decision of forfeiture 
 which, according to its powers, may be made by the Deputations or the 
 Municipal Councils, after the appeal to the Government shall have been 
 exhausted, in the manner prescribed by the Law. 
 
 (Articles 48 and 85 of the Kegulations.) 
 
 ART. 88. When a forfeiture of a subsidized concession is finally de- 
 clared, the executed works shall be offered to public bids for the term 
 of three months. The basis for these bids shall be the value, accord- 
 ing to appraisal, of the lands acquired, of the completed works, and of 
 the materials of construction and operation thereof, deducting the 
 amounts which, as aid or subsidy, may have been given to the conces- 
 sionaire in lands, works, cash, or other kind of property. 
 
 (Articles 51 and 85 of the Kegulations.) 
 
 ART. 89. If, at the auction referred to by the preceding article, there 
 should be no bidder, a new auction shall be advertised for the period 
 of two months, on the basis of two-thirds of the amount of the appraisal. 
 If even then the sale should be prevented because, there were no bid- 
 ders, it shall be announced the third and last time, for a period of one 
 month, at a fixed amount. 
 
 (Articles 51 and 85 of the Kegulations.) 
 
 ART. 90. If at any of the three auctions referred to in the previous 
 articles, propositions admissible within the advertised terms shall be 
 made, the work shall be awarded to the best bidder, who shall give in 
 guarantee 5 per cent of the amount of the works which are incoin- 
 pleted, and shall receive the concession under the same conditions as 
 were granted in the forfeited one, being substituted to the previous 
 concessionaire in all his rights and obligations, and subject to the 
 provisions of the present Law. 
 
 (Articles 51 and 85 of the Kegulations.) 
 
 ART. 91. From the proceeds of the works publicly sold, which shall 
 be paid by the concessionaire, in the manner prescribed by the previous 
 article, there shall be deducted the expenses of the appraisal and sale, 
 and the rest shall be turned over to whomsoever it may belong. 
 
 (Articles 51 and 85 of the Kegulations.) 
 
23 
 
 ART. 92. In case tlie concession should not be awarded at any of the 
 three auctions, the State, Province, or town in whose charge the work 
 may be, shall take charge of all which may have been constructed, and 
 shall continue, if it deems it proper, by means of a new concession, 
 which shall be granted in all things in conformity to the provisions of 
 this Law, without the first concessionaire in such case having any right 
 to any indemnity whatsoever. 
 
 (Articles 51 and 85 of the Regulations.) 
 
 CHAPTER VIII. 
 
 CONCESSIONS OF THE PUBLIC DOMAIN AND OF THE DOMAIN OF THE 
 
 STATE. 
 
 ART. 93. Concessions which individuals or companies request for the 
 execution of works which have constantly to occupy or use a part 
 of the public domain devoted to general use, shall in all cases be 
 made by the Colonial Department, which shall follow the provisions 
 established for this purpose in Chapter VI and in Chapter VII of this 
 Law, according to whether there are involved subsidized works or those 
 for the execution of which an aid of some sort is asked from the public 
 funds. 
 
 (Article 122 of the Regulations.) 
 
 ART. 94. Individuals or companies who ask for a concession of the 
 public domain for the construction of a work of general or private use 
 shall direct their petition to the Colonial Department or its delegates, 
 with a project made in accordance with the Regulations for the execu- 
 tion of this Law. 
 
 The Colonial Department shall examine the investigations which go 
 to prove the established rights in the public domain which it is desired 
 to occupy, the advantages or inconveniences which might result to the 
 general interests from this work, and the other circumstances which it 
 may be desirable to take into account before the granting of the con- 
 cession ; all of which shall be done in accordance with the provisions of 
 the special laws and of the Regulations. 
 
 (Articles 123, 124, 125, 134, and 135 of the Regulations.) 
 
 ART. 95. If, from the investigation referred to in the preceding arti- 
 cle, it should appear that the work in question does not hinder or impede 
 the use of the public domain affected thereby, the concession may be 
 granted by the Colonial Department or its delegates, in accordance 
 with the provisions of the special laws of the several works, adding 
 among the general provisions the following: 
 
 First. The time in which the works shall commence and be completed. 
 
 Second. The conditions for the establishment and use of the work and 
 the consequences of failure to comply with these conditions. 
 
 Third. The guarantee which the concessionaire shall give in order to 
 secure the fufillment of the stipulated provisions. 
 
24 
 
 Fourth. The cases in which the concession may be declared forfeited, 
 as well as the consequences of such forfeiture. 
 
 Fifth. The establishment of maximum rates designated for the use 
 and profit of the works. 
 
 (Article 126 of the Regulations.) 
 
 ART. 96. If, before any decision shall be made concerning the peti- 
 tions of the public domain referred to in the preceding articles, there 
 should be another or other petitions incompatible with the first, the 
 Colonial Department shall select those which offer the best terms to 
 the public interests, for which purpose an investigation of the com- 
 peting projects shall be held, in the manner determined by the Regula- 
 tions. 
 
 In similar cases, nevertheless, and in those in which it is not believed 
 to be opportune because of special circumstances, the Colonial Depart- 
 ment may decide that the concession be given, after a public bidding, 
 in accordance with the provisions of Articles 97 and 98. 
 
 (Articles 127, 128, 129, 130, 131, 132, and 133 of the Regulations.) 
 
 ART. 97. If, from the investigation referred to in Article 94, it should 
 appear that the work does not hinder or impede the use and profit to 
 which the part of the public domain affected by the work may be 
 devoted, the concession may also be granted by the Colonial Depart- 
 ment when it is thus deemed proper for the general interests. 
 
 The concession, in the case of the present article, shall always be 
 made after public bidding, which shall be based in the first place on 
 the reductions in the rates approved for the use and profit of the work ; 
 and in case of equality of these rates, on the raising of the price which 
 shall previously have been designated for the part of the public domain 
 which shall have to be ceded. 
 
 (Articles 135 and 136 of the Regulations.) 
 
 ART. 98. The conditions of the concession when, .in accordance with 
 the previous article, it shall have been made through public bidding, 
 shall be those indicated in Article 95; adding that the person to whom 
 the award is made shall be obliged, when he is not the same one who 
 presented the project, to pay the petitioner the expenses which said 
 project may have occasioned him, according to expert appraisal made 
 and published previously to the public sale. 
 
 (Article 137 of the Regulations.) 
 
 ART. 99. When, for the Concessions of the class referred to in Arti- 
 cle 97, two or more petitions may have been presented, the Colonial 
 Secretary shall select, by the procedure determined by Article 9(>, the 
 one which appears most proper to serve as the basis of the public 
 biddings which must determine to whom the concessions shall finally 
 be granted. 
 
 (Article 138 of the Regulations.) 
 
 ART. 100. The concessions referred to in the previous articles of 
 this Chapter shall be granted for ninety-nine years at most, except in 
 
25 
 
 the cases wherein the special laws of public works establish a longer 
 period, or when the concession is granted by means of a special law 
 which may thus determine. 
 
 In all cases these concessions shall be understood to be made with- 
 out prejudice to third parties and protecting vested rights. The con- 
 cessionaire shall consequently be responsible for the damages and 
 injuries which the work may occasion to private property or to the 
 part of the public domain not occupied by him. 
 
 (Article 139 of the Regulations.) 
 
 ART. 101. When the concession is granted and the guaranty is 
 deposited, an instrument shall be executed in which shall appear the 
 grant of the concession and the stipulated conditions; certifying 
 besides to the deposit of the guaranty, and adding a printed and 
 authorized copy of this Law and of the Regulations for its execution. 
 
 (Article 139 of the Regulations.) 
 
 ART. 102. The concessionaire may transfer his concession or freely 
 alienate the works, it being understood, however, that the one who 
 substitutes him in his rights also substitutes him in his obligations 
 imposed by the provisions of the concession, and that the guaranties 
 which he may have made to cover his liability remain in existence. 
 
 Of the alienation or transfer of the rights belonging to the conces- 
 sionaire, an account shall be given to the Colonial Department, or to 
 the corporation which might have granted the concession, for the proper 
 purposes. 
 
 (Article 139 of the Regulations.) 
 
 ART. 103. When the concession is made, the Administration shall 
 have the right to see that the stipulated conditions are absolutely ful- 
 filled, as well during the execution of the works as during their 
 operation. 
 
 The guaranty referred to in the third paragraph of Article 95 shall be 
 returned to the concession naire when he proves that he has completed 
 the works, and this shall be made to appear in his document of 
 concession. 
 
 (Article 139 of the Regulations.) 
 
 ART. 104. The declaration of forfeiture of the concession of the public 
 domain, in a proper case, shall be pronounced by the Colonial Secre- 
 tary, after proceedings have been had, in which the interested party 
 shall be especially heard. The consequences of the forfeiture shall be 
 those which for similar cases are established in Chapters VI and VII 
 of this Law. 
 
 When the forfeiture is declared, the instrument granting the conces- 
 sion shall be null, and shall be surrendered. 
 
 (Article 139 of the Regulations.) 
 
 ART. 105, When a work which shall permanently occupy a part of 
 the public domain, in which there is no public use or profit whatever, 
 is to be carried out by individuals or companies, the administrative 
 authorization which the Colonial Secretary or his delegates is author- 
 
26 
 
 ized to grant shall be sufficient, in accordance with the provisions of 
 special laws and of the Kegulations. 
 
 (Articles 141, 142, 143, and 144 of the Kegulations.) 
 
 ART. 106. The person requesting the authorization referred to in the 
 preceding article shall accompany with his petition a plan in which 
 shall appear the object of the work, the part of the public domain it 
 is intended to occupy, and an estimate of the works. 
 
 This project shall pass through the proceedings prescribed by 
 special laws and the Eegulations before the authorization shall be 
 granted. 
 
 (Article 140 of the Regulations.) 
 
 ART. 107. When, for the execution or operation of a work requested 
 by individuals or companies, it shall be necessary to occupy perma- 
 nently a part of the public domain devoted to general use, there shall 
 first be also obtained the authorization of the Colonial Secretary or his 
 delegates. This authorization may be granted without demanding any 
 guaranty or the presentation of the project, and by the brief proceed- 
 ings which are designated by the Regulations. 
 
 (Article 145 of the Regulations.) 
 
 ART. 108. The administrative authorization is also needed for the 
 execution or operation of a work which affects established servitudes 
 on private property for the benefit of the public domain. 
 
 This authorization shall be granted by the Colonial Secretary or his 
 delegates, as in the case of the preceding article; but it may be per- 
 petual, saving always the rights of private property. 
 
 (Article 145 of the Regulations.) 
 
 ART. 109. For the works devoted to the operation of a private indus- 
 try, the occupation of matters connected with the public domain may 
 be granted, in accordance with the provisions of this general Law and 
 the special laws of public works; when the concession referred to in 
 the preceding paragraph has been made, the individual or company 
 obtaining it may construct the work and make use of it in the manner 
 in which it may be deemed convenient, without further intervention on 
 the part of the Government than that relating to the safety, policing, 
 and management of the public domain. 
 
 (Article 146 of the Regulations.) 
 
 ART. 110. When, for the execution of a work, by companies or in- 
 dividuals, devoted to public or to private use, there may be occupied 
 a part of the public domain of the State, the previous concession of 
 the Colonial Secretary 'shall be necessary, in accordance with the pro- 
 visions of the articles of this Chapter treating of public domain; but 
 always with the indispensable prerequisite that there be public bid- 
 ding, at which the project of the petitioner shall serve as the basis. 
 
 The bidding shall have for its object the determination of the amount 
 which the concessionaire shall have to pay for the domain ceded, and 
 shall take place in accordance with the formalities necessary for the 
 sale of public lands, the concession being granted to the best bidder. 
 
27 
 
 The petitioner shall have the right of preference on equal terms at 
 the bidding, and, in case he shall not take the concession, of being 
 indemnified by the person to whom it is awarded, for the expenses of 
 the project, according to expert appraisal made and published before 
 the public sale. 
 
 (Article 147 of the Regulations.) 
 
 ART. 111. The authorization of the Colonial Secretary is necessary 
 to execute or operate a work which changes servitudes established in 
 the domain of the State. 
 
 This authorization shall be ceded in conformity with similar proceed- 
 ings to those established by Article 108 of this Law. 
 
 (Article 148 of the Eegulations.) 
 
 ART. 112. The resolutions concerning concessions by competent 
 authority of the public domain and of the domain 1 of the State, shall 
 be final, saving the appeals which may be proper according to the Laws. 
 
 CHAPTER IX. 
 
 DECLARATION OF PUBLIC UTILITY. 
 
 ART. 113. Before the execution of any work devoted to public use, who- 
 ever may construct it, there shall be the declaration of public utility. 
 
 From this formality are excepted : 
 
 First. The works which are in charge of the State and which are car- 
 ried out in accordance with the provisions of Chapter III of the present 
 Law. 
 
 Second. The works included in the general provincial or municipal 
 plans, designated in Articles 19, 33, and 43 of the Law. 
 
 Third. Every work, of whatsoever kind, the construction of which 
 may have been authorized by special law. 
 
 No work devoted to private use can be declared of public utility. 
 
 (Article 149 of the Eegulations.) 
 
 ART. 114. The declaration of public utility shall carry with it, so far 
 as the individuals who request it are concerned: 
 
 First. The right of neighborhood for the builders and their 
 employees, which consists of the use of the objects enjoyed in common 
 in the district of the towns in which the works are situated. 
 
 Second. The application of the law of eminent domain to private 
 property in accordance with the provisions of the said Law and of the 
 Regulations for its execution. 
 
 Third. The exemption from the land tax and the property tax on the 
 transfers of property which may take place in consequence of the 
 application of the said law of eminent domain. 
 
 The declaration of public utility may also carry with it the exemp- 
 tion from other temporary or permanent taxes, whenever it is thus 
 determined by a special law for each case. 
 
 (Article 150 of the Regulations.) 
 
28 
 
 ART. 115. The declaration of public utility, when it shall have been 
 made in accordance with the provisions of Article 113 and shall carry 
 with it the application of the law of eminent domain, shall be made by 
 the legislative power in relation to works which, in the judgment of the 
 Government, are of great importance; by the Colonial Department in 
 reference to works paid for by the general funds of the State, the bud- 
 gets of which are approved, and by the Governor-General in reference 
 to provincial and municipal works, which may embrace the territory of 
 two or more provinces, and which may be submitted to his resolution 
 according to Article 45; by the Governor-General in reference to State, 
 provincial, or municipal works, the projects of which may be approved 
 by his authority, according to this law, and by the respective Governors 
 in what refers to provincial and municipal works which are within the 
 territory of his jurisdiction. 
 
 In case the exercise of the right of eminent domain is not requested, 
 the Municipal Councils shall have the right to make the declaration of 
 public utility when the work is municipal, and is included in one 
 municipal district; the Provincial Deputations shall make the declara- 
 tion when the work is provincial, and when, being municipal, it is 
 included in two or more towns ; and lastly, the Colonial Secretary or 
 the Governor-General, respectively, when the work is in charge of the 
 State, and when, being provincial, it shall embrace territories belonging 
 to more than one province. 
 
 (Articles 152, 153, 154, 155, 156, 157, 158, and 159 of the Eegulations.) 
 
 ART. 116. The individual or company which asks for the declaration 
 of public utility of a work shall annex to his or its petition a complete 
 project, so that judgment thereof may be formed, and of its object, 
 of the private property which it shall occupy, and of the advantages 
 which shall accrue to the general interests. 
 
 (Article 151 of the Regulations.) 
 
 ART. 117. Before adopting a resolution, the project shall be submit- 
 ted to an investigation, in which shall be heard, in the first place, all 
 those interested in the condemnation proceedings, if the application of 
 the law of eminent domain is requested, and afterwards the other indi- 
 viduals, officers, and corporations that, for each case, are specified in 
 the Eegulations. 
 
 When the investigation has been made, in the cases in which the 
 declaration of public utility is to be declared by the Cortes, the Colonial 
 Secretary shall present the proper form of law. As to the rest, the 
 Colonial Secretary, his delegates, or the proper corporation shall decide 
 upon the declaration requested, as may be deemed proper. 
 
 (Articles 152, 153, 154, 155, 156, 157, 158, and 159 of the Eegulations.) 
 
 ART. 118. The resolutions which, in relation to public utility, may be 
 adopted by the competent central Provincial or Municipal Administra- 
 tion shall be final, saving the appeals which are proper in accordance 
 with the Law. 
 
 (Article 160 of the Eegulations.) 
 
29 
 
 CHAPTER X. 
 
 COMPETENCY OF JURISDICTION IN MATTERS CONNECTED WITH 
 
 PUBLIC WORKS. 
 
 ART. 119. The administrative jurisdiction to hear disputes shall hear 
 the appeals against the rulings of the Administration 
 
 First. When the forfeiture of a concession made to individuals or 
 companies in the terms prescribed by this law is declared. 
 
 Second. In all those cases in which the administrative resolutions 
 which are final aft'ect rights acquired by virtue of rulings emanating 
 from the same Administration. 
 
 ART. 120. The tribunals of justice shall have jurisdiction of 
 
 First. Questions which may arise between the Administration and 
 individuals concerning the public domain or private property, and con- 
 cerning servitudes founded on titles of civil rights. 
 
 Second. Questions which may arise between individuals concerning 
 the preferred right to the public domain, according to the present law, 
 when the preference is founded on titles of civil rights. 
 
 Third. Questions relative to damages and injuries occasioned to a 
 third person in his property right, the alienation of which is not com- 
 pellable under the right of eminent domain, by reason of the establish- 
 ment or use of the works which are the subject of the concession, or for 
 any other causes depending on the concession. 
 
 CHAPTER XL 
 
 GENERAL PROVISIONS. 
 
 ART. 121. Foreign capital which is employed in public works and in 
 the acquisition of lands necessary for them, shall be exempt from 
 reprisals, confiscations, and embargoes by reason of war. 
 
 ART. 122. The provisions of the present Law do not invalidate any 
 of the rights acquired prior to its publication and in accordance with 
 the legislation on which they may have been founded. 
 
 ART. 123. The proceedings relative to public works which, on the 
 publication of these Laws, may be pending, shall be carried out in 
 accordance with the prior legislation under which they were started, 
 unless the interested parties prefer to submit to the provisions of the 
 present Law. 
 
 In case there are several interested parties, and they do not agree, 
 the proceedings shall follow the provisions of the former legislation. 
 
 ART. 124. The Colonial Secretary, after hearing the Secretary of the 
 Navy regarding matters of ports which affect the services depending 
 on that Department, and by himself in the others, but always after a 
 report of the Consulting Board of Koads, Canals, and Ports, and after 
 
30 
 
 hearing the full Council of State, may decide that the special laws pub- 
 lished in the Peninsula relative to railroads, highroads, waters, and ports 
 may be extended to the Colonies, and of the Eegulations and instruc- 
 tions for their application, introducing in them the modifications which 
 he may deem proper ; but always after the report of the Consulting 
 Board of Eoads, Canals, and Ports, and after hearing the full Council 
 of State. 
 
 ART. 125. All laws, decrees, and other prior provisions affecting 
 public works which may be in conflict with the present Law are hereby 
 repealed. 
 
 Madrid, April 19, 1883. 
 
GENERAL GOVERNMENT OF THE ISLAND OF CUBA, 
 
 Office of the Secretary, Department of Public WorJcs. 
 The Colonial Department, under date of the 26th of last April, com- 
 municates to His Excellency, the Governor-General, the following 
 Eoyal Order: 
 
 YOUR EXCELLENCY: In compliance with Article 2 of the Royal Decree of the 19th 
 instant, ordering that the General Law of Public Works be applied to the Island of 
 Cuba, His Majesty, the King (whom God preserve), in conformity with what has 
 been consulted with the full Council of State, has seen fit to approve the annexed 
 Regulations for the execution and fulfillment of said law. By Royal Order I com- 
 municate it to Your Excellency for your information and consequent action. 
 
 And the approval of His Excellency having been given on the 19th 
 of the present month, by his superior order there follows the publication 
 of the said Eegulations, for general information. 
 
 Habana, May 30, 1883. 
 
 The Secretary of the General Government. 
 
 M. DIAZ DE LA QUINTANA. 
 31 
 
REGULATIONS FOR THE EXECUTION OF THE GEN- 
 ERAL LAW OF PUBLIC WORKS OF THE ISLAND OF 
 CUBA. 
 
 TITLE FIKST. 
 
 WORKS IN CHARGE OF THE STATE. 
 CHAPTER 1. 
 
 PROJECTS AND CONSTRUCTION OF WORKS BY THE METHOD OF ORDI- 
 NARY CONTRACTS. 
 
 ART. 1. In accordance with Article 4 of the General Law and the 
 special laws for each kind of works, the following are in charge of 
 the State: 
 
 First. Highroads, railroads, and ports included in the corresponding 
 plans. 
 
 Second. Light-houses for the illumination of the coast, and the 
 establishment of all kinds of maritime signals. 
 
 Third. The work of retaining within their beds and making naviga- 
 ble the principal rivers, and the drainage of lakes and marshes belong- 
 ing to the State. 
 
 Fourth. Civil constructions for the service of the Administration of 
 the State. 
 
 (Article 4 of the Law.) 
 
 ART. 2. The Colonial Secretary, who has the administrative manage- 
 ment of the works designated in the preceding article, shall make the 
 plans of those which are in charge of the State, following the proceed- 
 ings laid down in the proper Eegulations for the execution of the laws 
 of highroads, railroads, and ports. 
 
 (Article 19 of the Law.) 
 
 ART. 3. The Colonial Secretary, in conformity with the provisions of 
 Article 22 of the General Law, shall order the study of the works 
 included in the plans of the State, in the order in which they are 
 respectively mentioned and according to the legislative credits which 
 admit of it. 
 
 (Article 22 of the Law.) 
 
 ART. 4. When the study of any work shall be necessary, the Gov- 
 ernor-General may give the proper order to the Inspector-General of 
 Public Works, who shall communicate it to the Engineer of the respec- 
 21634 3 33 
 
34 
 
 tive Province. Said Engineer shall make the estimate of the expenses 
 which the study may necessitate, and shall submit it for superior 
 approval. The Governor-General shall give this approval when the 
 amount does not exceed 5,000 pesos, and the Colonial Secretary shall 
 do so in all other cases. 
 
 (Article 20 of the Law.) 
 
 ART. 5. Whenever the work affects the territories of two or more 
 provinces, the Chief Engineers of each two contiguous provinces must 
 beforehand as to the connecting points which it is advisable to adopt. 
 If there be disagreement, the Colonial Secretary shall decide on 
 reports of the said Chiefs and after hearing the Consulting Board of 
 Eoads, Canals, and Ports. After the said point has been decided, each 
 engineer shall proceed independently within his territory. In the said 
 case, the Colonial Secretary, when he shall deem it opportune, may 
 order the direction of the plan to be intrusted to one of the two Chief 
 Engineers, or he may appoint for the purpose another member of the 
 Corps. 
 
 (Article 22 of the Law.) 
 
 ART. 6. Every project must consist of the following documents: 
 
 First. Explanatory memorial. 
 
 Second. Plans. 
 
 Third. Articles of technical conditions. 
 
 Fourth. Estimate. 
 
 This last document shall include, besides the cost of the work, the 
 amounts which it may be considered necessary for condemnation pro- 
 ceedings, and the drainage necessary for the foundations of hydraulic 
 works, as well as all the other dependencies of the work, with the 
 object of forming an idea of the total cost. 
 
 When the projected work may be operated, with earnings, there shall 
 be accompanied the schedule of rates which are to. be established for its 
 use and profit, and the basis on which the application of the proposed 
 schedule is to be made, as well as a calculation of the proposed gain to 
 the company. 
 
 The projects of the works shall be made in accordance with the forms 
 which govern at the time of their formation, as well as the general rules 
 of the service and the special instructions which in each case the gen- 
 eral Direction may deem it convenient to establish. 
 
 (Articles 22 and 26 of the Law.) 
 
 ART. 7. For works of ports, besides the formalities expressed in the 
 preceding article, those provided by the special law concerning the 
 preliminary plans and investigations, which must precede the drafting 
 of the final projects, must be observed. 
 
 (Article 22 of the Law.) 
 
 ART. 8. Works of repair can not be carried out until after the 
 approval of the estimates made by the Chief Engineers of the Prov- 
 ince, in accordance with the instructions which exist for this kind of 
 service. 
 
35 
 
 For the preservation of the existing works in charge of the State 
 the Chief Engineers shall draft annual estimates, which, with ample time, 
 shall be sent through the General Inspection for the proper approval. 
 
 (Article 32 of the Law.) 
 
 ART. 9. When a work not included in the plans of the State is under 
 consideration, the execution of which shall nevertheless be deemed 
 proper in the judgment of the Government, the Colonial Secretary shall 
 order that the Engineers make a preliminary project of the work. 
 
 This preliminary project shall be drawn in accordance with the 
 instructions which may be given in each case, and shall always consist 
 of a memorial and plans which give a clear idea of the work and of its 
 principal details, with an idea of its cost. 
 
 If the work affects more than two provinces, the rules fixed in article 
 5 as to connecting points shall be taken into consideration in the draft- 
 ing of the preliminary project, of which as many copies shall be made 
 as there may be provinces interested in the work. 
 
 (Articles 20 and 22 of the Law.) 
 
 ART. 10. The preliminary project referred to in the preceding article 
 shall be submitted to an investigation concerning the propriety or 
 necessity of the execution of the work, in which shall be heard 
 
 First. All those individuals who may be interested in the work, for 
 which purpose it shall be exhibited in the office of the Secretary of the 
 General Government for a period which shall be announced in the 
 Boletines Oficiales of the respective provinces, and which shall be not 
 less than thirty days. 
 
 Second. The Municipal Councils and the Deputations of the localities 
 and provinces affected by the work. 
 
 Third. The Boards of Agriculture, Industry, and Commerce of the 
 said Provinces. 
 
 Fourth. The military authorities, the naval authorities, and the Pro- 
 vincial Health Boards in special cases in which it is necessary, because 
 demanded by the nature of the work. 
 
 Fifth. The Engineers in charge of the service and the Chief Engineers 
 of the Provinces, so that they may make explanations concerning the 
 claims which may have been made during the investigation. 
 
 Said investigation shall be sent in each province by the Governor 
 of the same to the Governor-General of the Island, with his own opin- 
 ion, and he, after hearing the General Inspection of Public Works 
 and the Consulting Board of the Island, shall send it with his report 
 to the Colonial Secretary. 
 
 All the above named documents shall be sent to the Consulting Board 
 of Koads, Canals, and Ports for the proper report thereon. 
 
 (Articles 20 and 22 of the Law.) 
 
 ART. 11. If, in view of the result of the investigation referred to in 
 the preceding article, it may be deemed convenient or necessary to 
 execute the work in question, the Colonial Secretary shall present to 
 the Cortes the form of law which in this case is necessary, in order to 
 
36 
 
 undertake the work, in accordance with the provisions of Article 20 of 
 the general Law of Public Works. When this authorization has been 
 once granted, the final study shall be made, which shall follow the pro- 
 ceedings set forth in Articles 3 to 7 of the present Regulations. 
 
 (Articles 20 and 22 of the Law.) 
 
 ART. 12. If the work should be of admitted urgency, after the 
 requisites provided by Article 20 of the Law shall have been fulfilled, 
 the Colonial Secretary shall decide upon the immediate drafting of the 
 project, without waiting for the making of the estimate of the studies 
 referred to in Article 4 of these Regulations, without prejudice that, 
 as soon as possible, the said estimate shall be made and sent for 
 superior approval. 
 
 (Articles 20 and 22 of the Law.) 
 
 ART. 13. In fulfillment of the provisions of the general Law of Public 
 Works, the Government shall not include in the general budgets 
 
 First. The credits necessary for the preservation of all existing works 
 in charge of the State, in view of the estimates which the General 
 Inspectors of Public Works, through the General Government, must 
 annually send for this purpose, as provided by Article 8 of these 
 Regulations. 
 
 Second. The credits demanded by the repair of said works, accord- 
 ing to the estimates mentioned in the same article. 
 
 Third. The amounts necessary for new works, the execution of which 
 is properly authorized in accordance with Articles 20 and 21 of the 
 general Law, and the projects of which are properly approved; said 
 amounts shall include the probable expenses of condemnation proceed- 
 ings, drainage, and other matters referred to in Article 6 of the present 
 Regulations. 
 
 Fourth. The sums which may be reasonably judged necessary to 
 carry out the projects of new works, and of repairs which might have 
 been studied during the corresponding economic year. 
 
 Fifth. The amount for the works which it might be necessary to 
 execute because of admitted urgency, in accordance with the provisions 
 of said Article 20 of the general Law. 
 
 (Article 21 of the Law.) 
 
 ART. 14. The Colonial Secretary shall decide on the method which 
 must be followed in constructing a public work in charge of the State, 
 subject to the provisions of Article 24 of the general Law, and also, in 
 a proper case, to the provisions of the Royal Decree of the 5th of May, 
 1876, after the Engineers, who may have drawn the project, shall have 
 been heard, as well as the Chief Engineer of the Province or of the 
 proper service, and of the Consulting Board. 
 
 (Article 24 of the Law.) 
 
 ART. 15. If the work should have to be executed by the method of 
 management, it shall be constructed by the Engineers of Roads, Canals, 
 and Ports, in accordance with the provisions which exist or might exist 
 in this branch of the service. 
 
37 
 
 If the work shall have to be carried out by the method of contract, 
 the Engineers of the State shall have the right to superintend the con- 
 struction, in order to see that the special conditions are carried out, 
 make the provisional and the final acceptance, as well as the final esti- 
 mate; all of which is prescribed by the Regulations of the service. 
 
 (Article 29 of the Law.) 
 
 ART. 16. If the work shall have to be executed by contract, the pub- 
 lic bidding which shall precede it shall be made in accordance with the 
 provisions existing for the contracting for such public service and the 
 Regulations established for that purpose, for those which specially 
 belong to the Colonial Department. 
 
 ART. 17. In the construction of every public work which shall be 
 carried out by the contract method, and in accordance with the first of 
 the methods indicated in Article 25 of the general Law, there shall 
 govern 
 
 First. The general conditions established, or which in the future may 
 be established, for all kinds of contracts for public works in charge of 
 the Colonial Department. 
 
 Second. The technical conditions which form part of the project 
 and which have been approved, together with the latter. 
 
 Third. The particular and economic conditions which in each case 
 the Colonial Department or the Governor-General may establish, in 
 which shall be stated in detail, besides the special clauses which the 
 nature of each contract might demand, the guarantee which is to 
 be given by the contractor as security for the carrying out of his obli- 
 gations, the times, manner, and places in which payments are to be 
 made, the dates on which the work shall be begun and finished, 
 and the time for which the contractor has to guarantee and be respon- 
 sible for the solidity and stability of the executed works. 
 
 (Article 25 of the Law.) 
 
 ART. 18. The studies of projects and the execution of works which 
 are included under the classification of civil constructions devoted to 
 service depending on the Colonial Department shall be carried out in 
 accordance with the provisions of this chapter concerning public works 
 in general, without other distinction than that the architects who shall 
 have charge of said construction, shall do the work which in the other 
 case is in charge of the Engineers of Roads, Canals, and Ports. 
 
 (Article 28 of the Law.) 
 
 CHAPTER II. 
 
 CONCESSIONS FOR THE CONSTRUCTION WITHOUT SUBSIDY OF WORKS 
 INCLUDED IN THE GENERAL PLANS OF THE STATE. 
 
 ART 19. Concessions of public works in charge of the State which 
 are included in the plans of the same, and which are asked for without 
 aid or subsidy of any kind, shall be made by the Colonial Department 
 
38 
 
 to the companies or individuals who may request them, after the pro- 
 ceedings laid down by these Regulations. 
 
 (Article 53 of the Law.) 
 
 ART. 20. The granting of every concession mentioned in the pre- 
 ceding article shall only be after the drafting of the proper project. 
 
 If there is no project drawn by the Engineers of the Government for 
 the work in question, it may be left to private initiative to make the 
 studies, as provided by Article 56 of the general Law of Public Works. 
 
 (Article 56 of the Law.) 
 
 ART. 21. In the case of the preceding article, the individual or com- 
 pany that may desire to draw the project, shall petition the Colonial 
 Department asking for the proper authorization, which may be given 
 him after he has made a guaranty to pay for the damages which his 
 operations may cause, the amount of which may be fixed, keeping in 
 mind the importance of the project and the special circumstances of 
 the ground which it is to occupy. 
 
 In case the authorization is granted, a period shall be fixed for the 
 presentation of the project, the order being published in the Gaceta de 
 la Habana and the Boletines Oficiales of the interested provinces. 
 
 The petitioner to whom this authorization is granted shall enjoy all 
 the advantages which in such cases are granted by Article 56 of the 
 Law, and shall present the project to the Colonial Department or the 
 General Government within the limited time. If this is not done, the 
 authorization which has been granted shall be considered annulled, 
 unless the petitioner shall have asked for and obtained an extension of 
 time for this purpose, which shall only be granted once, all petitions 
 for further extension being ignored. 
 
 The guaranty shall be returned to the petitioner when he presents 
 the project, after a certificate showing that he has satisfied all damages 
 which he may have occasioned. 
 
 Every individual or company may for itself study the projects of 
 works included in the plans of the State without the authority referred 
 to in Article 56 of the general Law, but in such case it shall have no 
 right to the advantages granted by said article. 
 
 (Articles 55 and 56 of the Law.) 
 
 ART. 22. The projects drawn by individuals for works referred to in 
 the preceding articles shall consist of the same documents and be 
 drawn in accordance with the same forms and provisions which are 
 demanded for the works of the State, as provided by Article 6 of these 
 Regulations. 
 
 (Article 55 of the Law.) 
 
 ART. 23. On presenting a project to the Colonial Department or to 
 the General Government, the individual or company that shall have 
 drawn it shall also present, as a guaranty of the fulfillment of his or its 
 obligations, the document which shows that he or it has deposited in 
 the proper place an amount equivalent to 1 per cent of the total esti- 
 
39 
 
 mate for the execution of the work. The General Office of Adminis- 
 tration and Public Works of the said Department or the Secretary of 
 the General Government of the island, shall give a receipt for the 
 project to the interested party, stating the day and the hour on which 
 it may have been presented. This receipt shall constitute prima facie 
 proof for every question of priority which may arise in the course of the 
 proceedings. 
 
 (Article 57 of the Law.) 
 
 ART. 24. The project shall then be sent to the Chief Engineer of the 
 Province, in order that he mny go over it on the ground for the purpose 
 of determining exactly the tacts which it contains. The expenses 
 which this may entail shall be paid by the petitioner, who shall deposit 
 their amount in the Treasury of the Province or in the General Treasury 
 of the island before this work is begun. 
 
 Of the result of the comparison, as well as of the other details of the 
 project, the Engineer shall give a detailed report, which shall be sent 
 to the respective Governor, to be attached to the other papers. 
 
 Thereafter an investigation shall be made directly by the Governors 
 of the interested Provinces, concerning the propriety of making the 
 concession, and concerning the proposed rates for the use and profit of 
 the works. In this investigation individuals who might consider them- 
 selves interested shall be heard orally, and they may be compelled to 
 answer interrogatories which may be specially framed for each partic- 
 ular case. Thereafter the corporations and officials who, according to 
 the importance and nature of the works, it may be deemed convenient 
 to consult, shall be heard in writing; and in all cases there shall be 
 heard the Provincial Deputations and the Chief Engineers of the corre- 
 sponding Provinces or services. 
 
 The Governors shall send the reports, with their own opinions, to the 
 Governor-General, who, with his opinion, and after complying with the 
 proper legal steps, shall send it to the Colonial Secretary, enclosing the 
 projects which he may have received from the Chief Engineers. 
 
 (Article 58 of the Law.) 
 
 ART. 25. When the project refers to ports, besides the formalities 
 established in the preceding article, those shall be observed which are 
 established for this purpose by the special Law of Ports and the Regu- 
 lations for its execution. 
 
 (Article 58 of the Law.) 
 
 ART. 26. On fulfilling the provisions of the preceding articles, the 
 Consulting Board of Roads, Canals, and Ports shall be heard, which 
 shall give an opinion concerning the project and the rates, and the 
 basis on which they may have made an investigation. 
 
 When these formalities have been complied with, the concession may 
 be granted, if proper, in view of the result of the proceedings, by 
 means of a Royal Decree through the Colonial Secretary drawing the 
 proper instrument, which shall be delivered to the concessionaire. 
 
 (Article 58 of the Law.) 
 
40 
 
 ART. 27. No variation or modification whatever shall be introduced 
 in the approved project for a concession of this class, without the 
 proper authorization of the Colonial Secretary, after hearing the 
 opinion of the Consulting Board of Eoads, Canals, and Ports. 
 
 (Article 58 of the Law.) 
 
 ART. 28. In every concession, besides the technical conditions of the 
 project for the execution of the work and those of the general ones 
 which may be applicable, there shall govern other particular condi- 
 tions, in which shall be included the special ones which govern con- 
 tracts of public works which may be considered proper, according to 
 the result of the proceedings; and there must appear among them the 
 following : 
 
 First. The designation of the guaranty which the concessionaire 
 shall give in security for the fulfillment of his obligations. This guar- 
 anty shall be from 3 to 5 per cent of the amount of the estimate, and 
 shall not be returned to the interested party until he has proved the 
 construction of the works and the supply of materials to the value of 
 one-third at least of the total cost of the work, according to appraise- 
 ment made by the Engineers in charge of the superintendence of the 
 work, applying to those which may have been made the prices of the 
 approved estimate. 
 
 The guaranty in every case shall be made where contracted, within 
 the term of one month from the date of the granting of the concession, 
 on the penalty of the loss by the concessionaire of all right, including 
 that of the deposit, if this shall not have been done. 
 
 Second. The dates on which the concessionaire shall commence and 
 complete the works, as well as the progress with which they shall be 
 constructed in given periods, in order that they may be concluded 
 within the time provided for. 
 
 Third. The schedule of rates which may have been approved for the 
 use and profit of the works, as well as the basis for their application. 
 
 Fourth. The time during which the concessionaire shall have the 
 right to enjoy the proceeds of the rates referrred to in the preceding 
 article, which can not exceed ninety-nine years. 
 
 Fifth. The cases of forfeiture of the concession. 
 
 Besides this, it must be seen that the concession shall be granted 
 without prejudice to the third party and saving private rights^ 
 
 (Articles 59 and 66 of the Law.) 
 
 ART. 29. Every concession of this kind shall be forfeited if any of 
 the special conditions designated in the preceding article are not com- 
 plied with, if the preservation of the works during their operation is 
 not properly attended to, and if the operation is not carried on in 
 accordance with the terms agreed upon. 
 
 The case provided in Article 60 of the general Law of Public Works 
 shall also be a case of forfeiture. 
 
 The declaration of forfeiture shall be made by the Colonial Depart- 
 ment, after proceedings in which there shall be heard the concession- 
 
41 
 
 aire, the Consulting Board of Roads, Canals, and Ports, and the 
 Colonial Department of the Council of State. From this decision the 
 interested party may appeal by means of the administrative jurisdic- 
 tion of contests. 
 
 (Articles 59 and 67 of the Law.) 
 
 ART. 30. When the forfeiture of a concession has been declared, the 
 Engineers who may have been designated by the Governor-General, 
 shall proceed to make an estimate of the works completed and the 
 materials furnished and their valuation, according to the prices of the 
 approved estimates. 
 
 The measurement and the valuation, accompanied by an explanatory 
 memorial and plans which show the state in which the works are 
 found at the time, shall be sent to the Colonial Department for its 
 approval, after report of the Consulting Board of Eoads, Canals, and 
 Ports. 
 
 (Article 67 of the Law.) 
 
 ART. 31 . To every concession which is declared forfeited, there shall 
 be immediately applied articles 68 to 71, both inclusive, of the General 
 Law of Public Works; and for the purpose of the public bidding on 
 the executed works, the valuation made and approved in accordance 
 with the provisions of the preceding article shall serve as a basis. 
 
 (Articles 68, 69, 70, and 71 of the Law.) 
 
 ART. 32. During the period set forth in Article 63 of the Law of 
 Public Works, there shall be admitted in the General Government of 
 the Island all the projects presented by individuals or companies to 
 carry on the work, the concession of which may have been requested. 
 
 In said case, in order that the projects may be admitted, they shall 
 be accompanied by a document which proves that the deposit of 1 per 
 cent designated in Article 23 of these Regulations has been made. 
 The admitted projects shall be submitted to all the provisions of 
 Articles 22, 24, and 25 of these Regulations. 
 
 (Article 63 of the Law.) 
 
 ART. 33. When more than one project shall have been presented for 
 the same work, there shall be a comparison on the ground made for 
 each one of them; and the investigations provided by Article 24 shall 
 include the advantages or disadvantages which may result from their 
 comparison, in order to ascertain which is preferable. The same object 
 shall be kept in mind by the Consulting Board of Roads, Canals, and 
 Ports, or by the Royal Academy of San Fernando, as the case may be, 
 on investigating the proceedings of the concession in the manner pro- 
 vided by Article 26. 
 
 When the report shall have been made by the proper Corporation, the 
 proceedings shall pass to the Colonial Department of the Council of 
 State, and after this requisite has been complied with there shall be 
 decided by Royal Decree the preference which shall in each case be 
 given to one of the several competing projects, in order to grant its 
 author the concession requested. 
 
42 
 
 The petitioner or petitioners whose projects shall have been rejected 
 shall have no right to any claim or indemnity whatsoever. 
 
 (Article 61 of the Law.) 
 
 ART. 34. When, from the investigations instituted, there should result 
 an equality among the conditions of two or more projects presented for 
 the same work, the concession shall be made after public bidding and 
 on the basis of the project which shall first have been presented to the 
 Colonial Department or to the General Government of the Island, 
 excepting the modifications introduced therein in consequence of exam- 
 inations which shall have been made in compliance with the provisions 
 of these Regulations. 
 
 The petitioner of the first project shall in such case show his accept- 
 ance of the modifications introduced and his consent to the bidding. 
 If he shall refuse to do either, his project shall be ignored and it shall 
 be returned to him, together with the deposit which he may have made. 
 
 Then the person who presented the second project shall have this 
 privilege, and so on, observing the same procedure; and if none of the 
 petitioners signifies his acceptance, it shall be declared that there will 
 be no grant of the concession. 
 
 (Article 61 of the Law.) 
 
 ART. 35. When the Colonial Department shall have once decided 
 that the concession be granted after public bids, before announcing tlie 
 sale, the project which shall serve as the basis of the bidding, in accord- 
 ance witli the provisions of the preceding article, shall be appraised. 
 
 The appraisement shall be made independently by experts named, 
 one by the Governor- General of the Island and the other by the inter- 
 ested petitioner. In case of disagreement, a third shall be named by 
 agreement of these two; and if this agreement can not be reached, the 
 appointment shall be made by the proper judicial authority. 
 
 In the appraisal there shall be included the material expenses of all 
 kinds occasioned by the drawing of the project, and also the proper 
 interest on the principal advanced to pay for these expenses. To the 
 appraisal thus made, shall be added the fees of the experts. When the 
 appraisal has thus been made, it shall be sent for the approval of the 
 Colonial Secretary, who, before rendering a decision, shall hear the 
 Consulting Board of Roads, Canals, and Ports. 
 
 (Article 62 of the Law.) 
 
 AUT. 36. When the amount of the value of the project has been 
 determined, the public sale of the concession shall be announced for a 
 period determined by the Colonial Secretary; and at this sale there 
 may take part not only the authors of the projects presented, but also 
 all those who may desire the concession, providing they show that they 
 have made the deposit of one per cent of the estimate of the works. 
 
 The bidding shall take place in Havana in the office of the General 
 Government, and shall be based in the first place on reductions in the 
 schedules of rates of the concession which may have been fixed, in the 
 manner prescribed by the third paragraph of Article 28. 
 
43 
 
 The proposals shall be sealed, and in strict accordance with the form 
 which shall be presented, wherein shall appear in writing the per cent 
 of reduction which the bidder agrees to make on the amount fixed for 
 the sale, this percentage being the same and the only percentage for 
 all parts of the schedule. 
 
 When the propositions presented shall have been read, the person 
 who signed the one offering the greatest reduction shall be declared 
 the best bidder, and a minute of the sale shall be made, which shall be 
 sent for the approval of the Colonial Secretary. 
 
 (Article 62 of the Law.) 
 
 ART. 37. If from the reading of the propositions it should appear 
 that two or more equally advantageous ones have been presented, 
 there shall immediately be a new open bidding, in which only those 
 shall take part who have signed equal propositions. This bidding 
 shall be based on the reduction of the number of years which, in 
 accordance with paragraph 4 of Article 28 of these Eegulations, shall 
 have been fixed for the concession, and shall last at least fifteen min- 
 utes, after which it shall terminate when the President so orders, after 
 having given warning three times. 
 
 (Article 62 of the Law.) 
 
 ART. 38. In all matters not expressly modified by the preceding 
 articles, the instructions approved the llth of September, 1869, for the 
 conduct of public biddings for public service and works of the Colonial 
 Department in the Island, sjjall govern, it being understood that the 
 deposit to take part in the bidding shall only be required from those 
 who are not authors of projects previously presented and not withdrawn 
 or returned for lack of fulfillment of the requisites referred to in Article 
 34 of these Eegulations. 
 
 The petitioner whose project shall serve asthe basis of the bids, shall 
 reserve the right in all cases of preference on equal terms, and, in con- 
 sequence thereof, of being declared the person to whom the concession 
 is awarded for the amount which shall have been offered by the best 
 bidder. In order to exercise this privilege he shall take part, either 
 personally or by representative duly authorized, in the bidding, which 
 shall be extended for half an hour, in order that the interested party 
 may make the proper declaration, which, in a proper case, shall be stated 
 in the minutes of the bidding. If this half hour shall elapse without 
 a declaration being made, it shall be understood that the petitioner 
 renounces the right to preference on equal terms, and the President 
 shall declare the best bidder the signer of the proposition which is 
 most advantageous. 
 
 (Articles 62 and 72 of the Law.) 
 
 ART. 39. If the person to whom the award is made shall not be the 
 signer of the proposition whose project shall serve as the basis of the 
 bids, he shall be obliged to pay the latter, within the period of one 
 
44 
 
 month, the amount of the appraisal of the project made in the manner 
 prescribed by Article 35 of these Regulations. 
 
 (Article 62 of the Law.) 
 
 ART. 40. When one of the concessions included in the present chap- 
 ter of these Regulations shall be granted, Engineers of the Government 
 shall have the supervision of the execution of the works, in order that 
 they may be constructed in accordance with the approved plans. In the 
 same manner they shall have the supervision of the inspection before 
 the work is turned over to the public service, making a minute of this 
 inspection, which shall be sent to the Colonial Department through the 
 Inspection of Public Works and the Governor-General of the Island ; 
 and, lastly, they shall supervise the operation, in order that this may 
 be carried out in accordance with the stipulated conditions. 
 
 (Article 64 of the Law.) 
 
 CHAPTER III. 
 
 CONCESSIONS TO EXECUTE WITH SUBSIDY WORKS IN CHARGE OF 
 
 THE STATE. 
 
 ART. 41. When a work included in the plans of the State is in 
 question, by the method of concession to individuals or Companies, 
 and with a subsidy in any of the manners provided in Article 73 
 of the general Law of Public Works, the provisions of articles 20 to 25 
 of these Regulations shall be observed irt relation to the plans. 
 
 The investigations provided for in article 24 shall be applied in this 
 case to the necessity of the subsidy and the amount of the same. 
 
 The project, with the schedule of rates proposed for the use and 
 profit of the work, and the investigations which shall have been made 
 in the proceedings, shall be then sent to the Consulting Board of Roads, 
 Canals, and Ports, for the final decision of the Colonial Secretary con- 
 cerning the approval of the plans and proceeding to draw the basis for 
 the grant of the concession and the collection of the means specified in 
 the schedules, as well as the special conditions as to the powers men- 
 tioned in Article 28 of these Regulations, in regard to all of which the 
 petitioner must express his acceptance. 
 
 In the same manner the kind of subsidy, its amount, and the times 
 and manner in which it shall be paid to the concessionaire, in accord- 
 ance with what may be determined on, shall be fixed according to the 
 nature of the works and the special laws and Regulations for their 
 execution. 
 
 (Articles 75, 76, and 77 of the Law.) 
 
 ART. 42. When the bases of the concession have been agreed on 
 and mutually accepted, the appraisal of the accepted project shall be 
 made, which shall be done in the manner provided by Article 35 of the 
 Regulations. 
 
 (Article 77 of the Law.) 
 
45 
 
 ART. 43. With the facts referred to in the two preceding articles, 
 the Colonial Secretary shall present to the Cortes the form of law for 
 the granting of the concession. 
 
 When the law is promulgated the concession shall be offered at pub- 
 lic auction for the period of three months. No one may take part in 
 these auctions except those who prove that they have made the deposit 
 of 1 per cent of the estimates as a guarantee of the fulfillment of the 
 offers which they make. The approved estimate shall serve as the 
 basis of the bids, which shall be made on the reduction of the amount 
 of the subsidy. 
 
 The bidding shall be made in accordance with the existing rules, and 
 the signer of the most advantageous proposition shall be declared the 
 best bidder, a memorandum being made thereof, which should be sub- 
 mitted for the approval of the Colonial Secretary. 
 
 (Articles 77, 78, and 79 of the Law.) 
 
 ART. 44. In case of equal proposals concerning the amount of the 
 subsidy, another bidding shall be made within the period of ten days 
 by means of sealed bids. 
 
 In this bidding only those who have signed the propositions which 
 appear equal shall take part, whose deposits shall be retained. This 
 second bidding shall take place on the basis of the reduction of the 
 schedule of rates, in the manner provided for by Article 36. If in this 
 auction no bid whatsoever shall be made, or if there should again 
 result an equality of the best propositions, there shall immediately be 
 an open bidding made, based on a reduction in the time of the conces- 
 sion, in the manner provided for by Article 37. If the proposer should 
 not make any bid at this open bidding, the one wbo shall have drawn 
 the lowest number referred to in Article 13 of the instructions of the 
 18th of March, 1852, 1 shall be declared the best bidder; this drawing 
 by lot shall be made before the same auction board referred to in the 
 preceding article of these Eegulatious. 
 
 (Article 78 of the Law.) 
 
 ART. 45. The petitioner whose project shall have served as the basis 
 for the auction, in case he shall not bave been declared the best bidder, 
 shall reserve the right of preference on equal terms, of which he may 
 take advantage, thus declaring at the time of the bidding, in the same 
 manner as is provided in Article 38 of these Eegulations. In such case 
 the bid shall be awarded him and the concession shall be granted to him. 
 
 If the petitioner does not take advantage of this right, the bid shall 
 be awarded and the concession shall be granted to the best bidder ; 
 but in such case the latter shall be obliged to pay to the petitioner who 
 presented the approved project, within the term of one month, the 
 amount of the appraisal made in the manner provided by Article 42. 
 
 (Article 78 of the Law.) 
 
 ART. 46. When the concession is granted, the concessionaire shall 
 deposit in the proper place the guaranty for the security of the fulfill- 
 
 1 See Art. 13 of the Instructions of the 13th of February, 1852. 
 
46 
 
 ment of his obligations. This guaranty shall in such case be an amount 
 equivalent to 5 per cent of the estimate of the works included in the 
 approved plan. 
 
 The guaranty shall be made within fifteen days, counting from the 
 date on which the interested party is notified of the granting of the con- 
 cession, for which purpose he must give a receipt which shall show the 
 date on which such notice was given him. 
 
 If the concessionaire allows the time fixed to elapse without having 
 deposited the guaranty, the award shall be declared without effect, 
 the concession being again open to public bids for the period of forty 
 days, and the interested party forfeiting the deposit of 1 per cent. 
 
 The guaranty referred to in this article shall not be returned to the 
 concessionaire until the day when, being finished, the works shall be 
 turned over to the public service, after the proper authorization to that 
 effect. 
 
 (Art. 80 of the Law.) 
 
 ART. 47. No modifications can be introduced in the approved proj- 
 ect for subsidized works without the prerequisites demanded by article 
 82 of the general Law of Public Works, the consequences of such 
 variations being set forth in article 84 of the same Law. 
 
 (Articles 82 and 83 of the Law.) 
 
 ART. 48. The concession of a subsidized work shall be forfeited 
 whenever its stipulations shall not be complied with. The forfeiture 
 shall in such case be declared by Royal Decree issued by the Colonial 
 Secretary, and it shall not be decreed without previous proceedings, in 
 which the interested party shall be heard, and in which the Consulting 
 Board of Koads, Canals, and Ports and the full Council of State 
 shall report. 
 
 Every forfeiture shall carry with it the loss of the guaranty given 
 by the concessionaire, to whom there remains the appeal by way of the 
 administrative jurisdiction of contests, in order to make such claims as 
 may be deemed proper, according to the provisions of article 87 of the 
 general Law of Public Works. 
 
 (Articles 84 and 87 of the Law.) 
 
 ART. 49. In case of force majeure, the Colonial Secretary may grant 
 an extension for the completion of the works, in conformity with the 
 provisions of paragraph 2 of article 85 of the Law. In order to grant 
 it, a second proceeding shall be necessary, which shall serve as the 
 basis of a petition of the concessionaire, stating the reasons on which 
 the request is founded and indicating the duration of the extension. 
 
 When the petition of the concessionaire is presented to the Governor- 
 General of the Island, it will be sent to the governors of the provinces 
 in which the work is to be done according to the project, and the gov- 
 ernors will hold an investigation, in which shall be heard the Provin- 
 cial Deputations, the Board of Agriculture, Industry, and Commerce of 
 the place, where the work is situated, and the Chief Engineers of the 
 Provinces or service to which the works belong. 
 
47 
 
 There shall also be heard the officers and Corporations that 
 nial Secretary shall designate, as the case may demand. 
 
 The investigation shall deal with the facts stated by the concession- 
 aire in his petition and the other facts which the Governor- General 
 shall deem pertinent in connection with the matter. The Chief Engineers 
 shall, moreover, discuss the question and state whether, in their opinion, 
 the time requested is considered sufficient or excessive for the termina- 
 tion of the works which still remain to be executed. 
 
 The proceedings shall be sent by the Governor-General, with his own 
 opinion and that of the General Inspection of Public Works, to the 
 Colonial Secretary, who, after hearing the opinion of the Consulting 
 Board of Eoads, Canals, and Ports and the full Council of State, shall 
 decide upon the requested extension. 
 
 In no case shall the extension be granted for a number of years 
 greater than that which, according to the stipulations of the original 
 conditions of the concession, shall elapse between the beginning and 
 the termination of the works. 
 
 (Article 85 of the Law.) 
 
 ART. 50. In case the operation of the subsidized work shall be inter- 
 rupted, the provisions of Article 86 of the general Law of Public Works 
 shall be followed. 
 
 (Article 86 of the Law.) 
 
 ART. 51. When the forfeiture of a concession is declared, the Engi- 
 neers of the State shall proceed, at the expense of the concessionaire, 
 to the appraisal of the executed works, according to the provisions of 
 Article 88 of the Law, and of Article 30 of these Regulations, concern- 
 ing concessions without subsidies. 
 
 When this appraisal has been made and duly approved, the biddings 
 referred to in Articles 88 and 89 of the said general Law shall be pro- 
 ceeded with, the said appraisal serving as the basis therefor, and the 
 proceedings following the provisions of Articles 90, 91, and 92 of the 
 same Law. 
 
 (Articles 88, 89, 90, 91, and 92 of the Law.) 
 
 ART. 52. Articles 32 and 33 of these Regulations, concerning the 
 admission of projects for the same work and the selection by the 
 Colonial Secretary of those which offer the greatest advantages, shall 
 be applicable to the case of a petition for subsidized concessions. The 
 same is true of Article 34, concerning the acceptance by the petitioners 
 of the modifications which the superior authority may deem proper to 
 introduce in the projects for the bases of the concession. In view 
 of all these proceedings, there shall be declared which of the projects 
 presented is the one which shall serve as the basis for the biddings; it 
 being always "understood that, in case of equality of all other circum- 
 stances, this declaration shall be made in favor of the project which 
 was first presented. 
 
 (Article 78 of the Law.) 
 
48 
 
 ART. 53. When the project which shall serve as the basis for the 
 public bidding shall be determined on, the proceedings shall follow the 
 provisions of the various articles of this chapter for cases in which 
 there is only one project, and the signer of the one selected shall have 
 the rights which are reserved to him by Article 45 of these Regulations. 
 
 (Article 78 of the Law.) 
 
 ART. 54. When, at the cost of the State and according to the pro- 
 visions of Article 26 of the general Law of Public Works, a work shall 
 be executed for the use and profit of which rates have been established, 
 the operation shall be carried on by contract, in accordance with the 
 provisions of this chapter, in so far as they may be applicable to this 
 case. 
 
 Nevertheless when, after the proceedings prescribed by said article 
 of the Law, it is declared convenient that the operation shall be carried 
 on at the expense of the State, said operation shall be made by man- 
 agement and in accordance with the special instructions which in each 
 case shall be given by the Colonial Secretary. 
 
 (Article 26 of the Law.) 
 
 ART. 55. Besides the supervision which the Engineers of the Gov- 
 ernment shall exercise over the execution of the works and their oper- 
 ation, as provided by Article 40 of these Regulations, concerning works 
 without subsidy, said officials shall, in the cases included in this Chap- 
 ter III, examine into the conditions under which the concessionaire shall 
 receive the subsidy, so that in this connection the stipulations shall also 
 be strictly carried out. 
 
 TITLE SECOND. 
 PROVINCIAL WORKS. 
 
 CHAPTER IV. 
 
 PROJECTS AND EXECUTION OF WORKS BY ORDINARY CONTRACTS. 
 
 ART. 56. The roads and ports for their respective territories which 
 are of merely provincial interest, and the sanitation of lakes and 
 marshes referred to in the third paragraph of Article 5 of the Law, 
 are in charge of the Provinces, in accordance with Article 5 of the 
 general Law and the special law of Public Works. 
 
 The plans of the works which are to be in charge of the correspond- 
 ing Deputations shall be made as determined by the Regulations for 
 the execution of the special law of Public Works. 
 
 (Articles 5, 9, and 33 of the Law.) 
 
 ART. 57. When the plans of the works which are to be in their 
 charge are made by the Deputation of a Province, they shall be sent 
 to the Colonial Department by the Governor-General, with his report, 
 showing the reasons therefor. 
 
49 
 
 His approval, if proper, shall be made by Eoyal Decree, published 
 by the Colonial Secretary. 
 
 (Article 33 of the Law.) 
 
 ART. 58. When the plans of the works of the Provinces have been 
 once approved, the order of preference fixed for them shall not be 
 changed in the execution thereof, unless after a proposal of the Depu- 
 tation assigning reasons therefor, which shall be submitted to the 
 report of the Municipal Councils of the towns interested in the proposed 
 works and of the Chief Engineer of the Province. 
 
 The Governor shall send the proceedings, with his report, to the 
 Colonial Secretary, who shall decide on the proposal by means of a 
 Eoyal Decree, after hearing the opinion of the Consulting Board of 
 Eoads, Canals, and Ports. 
 
 (Article 33 of the Law.) 
 
 ART. 59. Before the execution of any work included in the plan of a 
 Province, there* shall first be a resolution of the Deputation, which shall 
 in such case order the Engineer or his assistant in charge of provincial 
 works to proceed to the study of the respective project. This project 
 shall follow in its draft the same formulas prescribed for the works 
 of the State, and when it has been once finished shall pass for the 
 report of the Chief Engineer of the Province. 
 
 When this report is made, if it should be favorable, the Deputation 
 may approve the project, or otherwise adopt the necessary measures 
 for its modification, in accordance with the report which may be made 
 by the Engineer. 
 
 If the Deputation is not satisfied with the report made by the Chief 
 Engineer, it shall send the project to the Governor-General, in order 
 that it may be submitted to the superior authority, the Colonial Depart- 
 ment deciding in such case by means of a Eoyal Decree, after hearing 
 the opinion of the Consulting Board of Eoads, Canals, and Ports. 
 
 (Article 15 of the Law.) 
 
 ART. 60. When the execution of a work of those included in the plan 
 shall be decided on by the Deputation, and the project approved in the 
 manner indicated by the preceding articles, the necessary credit for its 
 execution shall be included in the provincial budget. 
 
 The work may be carried on by management or contract, which shall 
 be decided on by the Deputation after hearing the opinion of the 
 expert in charge of provincial works on this point. 
 
 (Articles 35 and 38 of the Law.) 
 
 ART. 61. If the works shall be executed by management, it shall be 
 directed by the technical agents of the Deputation and in accordance 
 with the instructions which these may give, with the approval of the 
 provincial corporation. 
 
 If it shall be made by contract, this can not be carried out without 
 public bidding, in accordance in all respects to what is prescribed for 
 21634 4 
 
50 
 
 similar cases by the laws for the works in charge of the State, in Chap- 
 ter I of these Regulations. 
 
 (Articles 38 and 39 of the Law.) 
 
 ART. 62. When a work which is not contained in any of the plans of 
 the province is in question, and it is nevertheless deemed necessary to 
 execute it before the above-mentioned plans, there must in all cases be 
 first made the .declaration referred to in the second paragraph of Article 
 35 of the general Law of Public Works. 
 
 For this declaration the proceedings to be followed, shall be started 
 on the proposal of the Provincial Deputation made to the Governor, 
 which must be accompanied by the project of the work in question. 
 The Governor shall submit this proposition to the same proceedings to 
 which the formation of plans of provincial works are subject, thereafter 
 sending them, with his own report, to the Colonial Secretary through 
 the Governor-General. 
 
 The proceedings shall pass for the report of the Consulting Board of 
 Roads, Canals, and Ports, and shall finally be decided by means of a 
 Eoyal Decree concerning the requested declaration. 
 
 The information above mentioned shall not be necessary when there 
 shall have been promulgated a law authorizing the execution of the 
 work. 
 
 In case the work be of such nature as not to correspond with those 
 which, according to special laws, are covered by the plans of the prov- 
 inces, after the investigation shall have been made, there shall be pre- 
 sented to the Cortes, by the Colonial Secretary, a form of decree, in 
 order that its execution may be authorized by the legislative power. 
 
 (Article 35 of the Law.) 
 
 ART. 63. There shall precede in all cases, the concession of public 
 domain and the declaration of public utility, to the execution of every 
 provincial work which is not included in the. respective plans, in 
 accordance with the provisions of the general Law of Public Works, 
 and according to the proceedings prescribed by title fourth of the 
 present Regulations. Exception is made of the cases provided for in 
 the previous article, when the authorization should have been or shall 
 be granted by law. 
 
 (Article 35 of the Law.) 
 
 ART. 64. The works of repair and of preservation of the provincial 
 works shall be carried out in accordance with the credits, which for this 
 purpose shall be included in the budgets of the Deputation as obliga- 
 tory expenses. The experts in charge of public works shall make an 
 estimate of the repairs, approval of which shall always precede their 
 execution, as well as the annual estimates for preservation, which shall 
 be indispensable and sufficient for the existing works of the province 
 which are in charge of the Deputations. The amounts calculated by 
 the technical officials for such objects shall be necessarily included 
 among the obligatory expenses. 
 
 (Articles 14 and 41 of the Law.) 
 
51 
 
 ART. 65. When the work which is to be executed may be the subject 
 of operation with profit, the Deputation shall make the list of rates 
 which it considers proper to establish for its use and profit, and shall 
 send it to the Governor of the province. The latter shall send it to 
 the General Government with his own report, after hearing the Chief 
 Engineer of the province, and the Governor- General, after the report 
 of the Inspection of Public Works, shall forward it with his own to 
 the Colonial Secretary. The approval of the establishment of rates 
 and of the instructions for their application shall be made by means of 
 a Eoyal Decree by the said Department, with the consent of the Coun- 
 cil of Secretaries. 
 
 (Article 37 of the Law.) 
 
 ART, 66. The appointment of an expert or experts, who shall be 
 charged with the direction of provincial works, shall be freely made by 
 the Deputation; but this appointment shall always be of individuals 
 who shall be Engineers of the Corps of Eoads, Canals, and Ports, or 
 at least Assistants of Public Works. In each case the salary, as well as 
 the indemnity which shall be given to said officials for the expenses 
 arising from the service, shall be paid from the provincial funds. 
 
 (Article 39 of the Law.) 
 
 ART. 67. In the same manner the Deputation shall have the right, 
 in the form in which it may be deemed convenient, to organize the 
 subordinate personnel of all kinds which may have to aid the Chief 
 Expert in carrying out his duties, as well as the appointment of this 
 personnel, all being at the suggestion of the said Chief. 
 
 (Article 39 of the Law.) 
 
 ART. 68. The Engineers of Eoads, Canals, and Ports, who may be 
 named by the Deputation for the direction of the service of provincial 
 works, shall preserve all their rights under the Eegulations as indi- 
 viduals of the Corps to which they belong, in the same manner as if 
 they were in the service of the State. 
 
 Similar rights shall be enjoyed by the Assistants of Public Works 
 who may be named for the same duties, and the same benefit shall inure 
 to the overseers of the said branch who may form part of the subordi- 
 nate personnel of the provincial service. 
 
 (Article 39 of the Law.) 
 
 ART. 69. The public works which are executed at the instance of the 
 Provincial Deputation shall be executed under the inspection, in the 
 technical branch, of the Colonial Department and the Governor-Gen- 
 eral. For this purpose the Governor may order that they be inspected 
 during their construction by the Chief Engineer of the province, when- 
 ever he may deem this opportune. 
 
 Besides these extraordinary inspections, the Chief Engineer shall 
 annually make other ordinary inspections of all provincial works. 
 
 The Engineer shall report the result of his inspections to the Gov- 
 ernor of the province, and if any difficulty is noted in the works he 
 shall so inform the latter. 
 
52 
 
 The Governor, in view thereof, shall give his orders to the Deputa- 
 tion, in order that the difficulties may be corrected. If the Deputation 
 should refuse to do so, or deem it proper to appeal from the decision 
 of the Authority, the proceedings shall be carried to the Colonial Sec- 
 retary, in order that he may decide the question, after first hearing the 
 opinion of the Consulting Board of Eoads, Canals, and Ports. 
 
 The Chief Engineer shall also send to the General Inspection of the 
 Island copies of the reports sent to the Governor, informing the Inspec- 
 tion of all the incidents of this service. 
 
 The expenses of any kind which may be caused by the inspection of 
 provincial works shall be charged to the corresponding Deputations. 
 
 (Article 42 of the Law.) 
 
 ART. 70. Without prejudice to the inspections referred to in the pre- 
 ceding article, every provincial work shall be necessarily inspected by 
 the Chief Engineer of the Province, or by the State Engineer who may 
 be designated for this purpose, before turning it over to public use, and 
 when the Deputation declares that it is terminated. 
 
 For this purpose, when such case is believed to have arisen, the 
 Deputation shall inform the Governor, who shall order that the Chief 
 Engineer make the inspection. Said Engineer shall report to the Gov- 
 ernor the result of his commission, and if there are any defects found, 
 proceedings shall be instituted in accordance with the case of the pre 
 ceding article, the delivery of the work to the public service being 
 suspended until the authorization of the Governor- General or of the 
 Colonial Secretary shall have been given. 
 
 (Article 42 of the Law.) 
 
 ART. 71. The provisions of this chapter are applicable to works called 
 civil constructions, devoted to the service of the Colonial Department, 
 which are in charge of the province, without any other difference than 
 that the plans shall be gone over, when the direction or inspection shall 
 be made, by the proper Architects in accordance with the provisions of 
 article 39 of the general Law, 
 
 CHAPTER Y. 
 
 CONCESSIONS FOR THE EXECUTION OF PROVINCIAL WORKS. 
 
 ART. 72. Every public work in charge of a province which is included 
 in the plans of the same, can be carried out by the method of conces- 
 sion to individuals or corporations who may so request it, after the 
 proceedings which are established by the general Law of Public Works 
 and those determined by the present Regulations. 
 
 (Article 53 of the Law.) 
 
 ART. 73. The concession of every provincial work included in the 
 approved plans, shall be granted by the corresponding Deputation, 
 whether a subsidy of any kind has been requested for its execution, or 
 
53 
 
 whether in any manner whatsoever, aid from the provincial funds has 
 been demanded. 
 
 (Articles 53 and 73 of the Law.) 
 
 ART. 74. In case the work is requested without subsidy, the peti- 
 tioner shall present to the corresponding Deputation the project of the 
 work which he desires to carry out. For this purpose he may request 
 the Governor of the province for the authorization referred to in Article 
 56 of the general Law of Public Works, an authorization which, in a 
 proper case, shall be granted with similar requisites to those referring 
 to works of the State, as determined by Article 21 of the present Eeg- 
 ulations. 
 
 The projects in all cases shall be drawn as provided for by Article 6. 
 
 (Articles 55 and 56 of the Law.) 
 
 ART. 75. Within the period designated by the Governor, the peti- 
 tioner shall present the project to the Deputation, accompanied by a 
 certificate which shows that he has delivered in the depository of pro- 
 vincial funds an amount equivalent to 1 per cent of the estimate. 
 
 The Secretary of the Deputation shall give the interested person 
 the proper receipt, stating the day and the hour on which he received 
 the project. 
 
 (Article 57 of the Law.) 
 
 ART. 76. The project shall be sent to the Chief of the technical serv- 
 ice of provincial works, in order that he may go over it on the ground. 
 The said Chief shall investigate concerning the exactness of the facts 
 stated in the project and concerning all the technical details, making 
 his report to the Deputation. 
 
 This corporation shall then send the project to the Chief Engineer of 
 the Province, in order that he may make report concerning it, in the 
 manner determined by Article 59 of these Regulations, in accordance 
 with which the further proceedings shall follow the provisions neces- 
 sary for the approval of the project by the Deputation, as if in case of 
 a disagreement between it and the Chief Engineer. 
 
 When works in connection with ports are in question, there shall be 
 followed, moreover, the provisions concerning the formation of plans 
 established in the special law and determined by the Regulations for 
 its execution. 
 
 (Article 58 of the Law.) 
 
 ART. 77. The projected schedules of rates which the petitioner pro- 
 poses to establish for the use and profit of the work, shall be submitted 
 by the Deputation to a public investigation, in which, for at least a 
 period of ten days, there shall be heard claims of all those who consider 
 themselves interested. After hearing the petitioner as to these claims, 
 and lastly the Municipal Councils of the districts in which the work is 
 to be executed, the Chief of the service of provincial works and the 
 Chief Engineer of the province shall be heard. 
 
54 
 
 When the proceedings are thus closed, the Provincial Deputation 
 shall decide as to the granting thereof, by means of a resolution, which 
 shall be published in the Boletin Oficial. 
 
 In this resolution, in the proper case, shall be inserted the essential 
 conditions of the concession, which shall be those stated intbe general 
 Law of Public Works, and in Article 28, Chapter II, of these Regula- 
 tions, for concessions of works in charge of the State. 
 
 From the resolution of the Deputation, in the proper case, the peti- 
 tioner may appeal to the Governor- General of the Island and the Colo- 
 nial Secretary, in the manner provided by the provincial law in force. 
 
 (Articles 58 and 59 of the Law.) 
 
 ART. 78. When the concession is granted and the proper guaranty 
 is given, the concessionaire shall execute the works in strict accord- 
 ance with the stipulations, and under the supervision of the technical 
 officials of the Deputation and the inspection of the State Engineers. 
 
 The concession shall be forfeited in the cases prescribed in the con- 
 ditions, and shall be declared, if there be proper reason for it, by the 
 Deputation, after previous proceedings in which shall be heard the 
 interested party, who shall reserve the right of appeal to the Governor- 
 General and the Colonial Secretary from the resolution of said cor- 
 poration. 
 
 In case an appeal is made, the Colonial Secretary shall decide, after 
 hearing the Consulting Board of Eoads, Canals, and Ports, the conces- 
 sionaire having the right to appeal from this decision by means of the 
 administrative litigation. 
 
 (Articles 8, 64, and 67 of the Law.) 
 
 AST. 79. The consequences of forfeiture and the proceedings which 
 have to follow shall be those which are provided by Chapter II of these 
 Regulations for similar cases in works of the State, it being understood 
 that the appraisal of the works provided for by Article 30 shall be 
 made by the expert agents of the Province, investigated by the Chief 
 Engineer, and approved by the Deputation, with the right of appeal to 
 the Government in cases of disagreement between them. 
 
 (Articles 68, 69, 70, and 71 of the Law.) 
 
 ART. 80. When there shall have been presented two or more proj- 
 ects for the execution of the same work within the period of thirty 
 days, counting from the time in which the first petition was presented, 
 the comparison referred to by Article 76 and other investigations of the 
 proceedings shall be made in connection with all the projects presented, 
 making a note of the advantages or disadvantages of each one. In 
 this case the Deputation shall select, for the granting of the concession, 
 the one which, in its opinion, offers the greatest advantages. 
 
 (Article 61 of the Law.) 
 
 ART. 81. In case there should result from the investigation an equal- 
 ity of circumstances between the projects presented, the Deputation 
 shall resolve to proceed to a public auction on the basis of the proper 
 
65 
 
 project, in accordance with the provisions of Article 34 for the conces- 
 sion of State works. 
 
 The appraisal of the project which shall serve as the basis of the 
 bids shall be made by two experts, one named by the Deputation and 
 the other by the petitioner, the third being named by both parties, and, 
 in case of disagreement, by the proper judicial authority. 
 
 The appraisal shall be made on the basis designated by Article 35, 
 and shall be submitted for the approval of the Deputation, which shall 
 decide, after first hearing the expert in charge of provincial works. 
 
 (Article 62 of the Law.) 
 
 ART. 82. The bidding shall take place before the Deputation and 
 shall follow the similar rules established for this purpose in articles 36 
 and 37, the President of the Board having the right to declare who is 
 the best bidder, saving the approval of the said Corporation. 
 
 The author of the project which shall serve as the basis of the bid- 
 ding reserves the right of preference on equal terms, and that of 
 receiving the value of his project, according to the appraisal, in a sim- 
 ilar manner to the provisions of Articles 38 and 39 of these Eegulations. 
 
 (Articles 62 and 72 of the Law.) 
 
 ART. 83. When an individual or a company asks for the conces- 
 sion of a work included in one of the plans of the province, with sub- 
 sidy or aid from the funds of the same, in so far as the presentation, 
 proceedings, and approval of the project are concerned, the provisions 
 of Articles 74, 75, and 76 of these Eegulations shall be observed ; and 
 concerning the schedules for the use and benefit of the work, it shall be 
 subject to the investigation prescribed by Article 77. 
 
 Thereafter the appraisal of the project shall be made, which shall be 
 carried out as provided for this purpose by the rules established in 
 Article 81. 
 
 (Articles 75 and 76 of the Law.) 
 
 ART. 84. In the case in which the Deputation shall have approved 
 the project, the rates, and other documents of the proceedings, and 
 provided that the petitioner accept the modifications which it may have 
 been deemed convenient to introduce into them by reason of the result 
 of the investigations, there shall follow the granting of the concession 
 which is within the power of a provincial Corporation after public bid- 
 ding, at which the approved project shall serve as the basis, and which 
 shall take place before said Corporation, in a manner similar to that 
 provided in articles 43 and 44 for the cases of works of the State. 
 
 In the same case the author of the proposal whose project shall have 
 served as the basis of the bids, has the right of preference on equal 
 terms and to the payment of said project, in accordance with provisions 
 similar to those set forth in article 45. 
 
 (Articles 77, 78, and 79 of the Law.) 
 
 ART. 85. The guaranty shall be deposited in the depository of the 
 Deputation, following in all respects the provisions of article 46 of 
 these Regulations on this point. 
 
56 
 
 Article 47, concerning modifications in projects, and article 48, con- 
 cerning forfeitures, which in this case shall be declared by the Deputa- 
 tions in the form and with the same rights of appeal as those set forth 
 in the second paragraph of article 78, and the provisions of B.rticle 79, 
 are also applicable to concessions subsidized with provincial funds. 
 
 Article 49, concerning extension for the termination of the works, 
 and article 50, concerning the interruption of the operation, are also 
 applicable to the case referred to in the present article. 
 
 (Articles 80, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, and 92 of the Law.) 
 
 ART. 86. When there shall have been presented two or more propo- 
 sitions to execute a provincial work with subsidy, within the time 
 expressed by Article 80, the provisions of said article shall be applied 
 for the selection of the project which shall serve as the basis of the 
 bids, proceeding to the appraisal of said project, and thereafter follow- 
 ing, for the carrying out of the bidding and subsequent proceedings, 
 the rules established in Article 82 of these Regulations. 
 
 (Article 78 of the Law.) 
 
 ART. 87. When there shall have been executed at the expense of 
 the Deputation a work which may be the subject of a profitable opera- 
 tion, this operation shall be carried on by contract, the concession 
 thereof being awarded to the best bidder. The bidding shall take 
 place in all respects in accordance with the provisions of this chapter 
 for concessions of works without subsidy; and there shall serve as a 
 basis for the bidding the schedule of rates made by the Deputation and 
 approved in the manner indicated by Article 65. 
 
 If the provincial Deputation should request the operation referred 
 to in this article, the proper proceedings shall be instituted, in which 
 the Chief Engineer, the Governor of the Province, the Inspector of 
 Public Works, and the Consulting Board of Roads, Canals, and Ports 
 shall report concerning the propriety of the petition, in view of which 
 the Colonial Secretary shall decide what he may deem proper. 
 
 (Article 37 of the Law.) 
 
 ART. 88. The officials or technical employees of the Deputation shall 
 carry out the duties which belong to them for the works which are 
 executed and operated in accordance with the stipulated conditions, 
 and shall exercise the proper supervision, in order that the conces- 
 sionaire shall not receive the subsidy, except at the times and in the 
 manner provided for by the conditions. 
 
 (Article 81 of the Law.) 
 
 ART. 89. The Colonial Secretary shall have the final decision con- 
 cerning the approval of projects, granting of concessions, declarations 
 of forfeiture, and, in general, concerning all the proceedings relative to 
 the provisions of the General Law of Public Works and of these Regu- 
 lations, which belong to the Provincial Deputations when the works 
 include two or more provinces and the Deputations of the said provinces 
 do not agree. 
 
 (Articles 8 and 15 of the Law and chapters 6 and 7 of the same.) 
 
57 
 
 ART. 90. The provisions contained in chapters 2 and 3, which refer to 
 concessions of works of the State, and which have not been expressly 
 mentioned in the present chapter, shall be applicable to concessions of 
 provincial works, with the modifications required by the various cases, 
 the questions which may arise in this connection concerning the appli- 
 cation of these Regulations being decided according to the spirit ol 
 said provisions. 
 
 (Article 5 of the Law.) 
 
 TITLE THIRD. 
 
 MUNICIPAL WORKS. 
 
 CHAPTER VI. 
 
 PROJECTS AND EXECUTION OF WORKS BY ORDINARY CONTRACT. 
 
 ART. 91. Local roads, the supply of water, local ports, and the drain- 
 age of lakes and marshes of merely municipal interest are in charge oi 
 the Municipal Councils, in accordance with Article 6 of the general 
 Law and the special laws of Public Works. 
 
 The plans of the works of the Municipal Councils shall be made in 
 accordance with the provisions of the Regulations for the execution of 
 the special laws of Public Works. 
 
 (Articles 6, 10, and 43 of the Law.) 
 
 ART. 92. The order of preference stated in the plan of the Municipal 
 Council for the execution of the work can not be changed except by 
 virtue of a proposal, giving reasons therefor, by the Municipality, which 
 shall be duly approved by the Governor, after hearing the Provincial 
 Deputation and the Chief Engineer. 
 
 (Article 43 of the Law.) 
 
 ART. 93. When a Municipal Council decides on the execution of a 
 work included in the plan of the Municipality, the proper project shall 
 first of all be made. This project shall be drawn in accordance with 
 the terms then in force, and once drawn shall be presented to the 
 Governor for approval, who shall grant it only after hearing the Chiei 
 Engineer of the Province. 
 
 The Governor, when works of great importance are in question, or 
 when he is not satisfied with the opinion of the Chief Engineer, shall 
 submit the project for the approval of the Colonial Secretary, who 
 shall, before granting it, hear the Consulting Board of Roads, Canals, 
 and Ports. 
 
 After the project is approved, the Municipal Council shall include in 
 the Municipal budget the corresponding credit to carry out the work. 
 
 (Articles 17 and 43 of the Law.) 
 
 ART. 94. After the project of a municipal work has been approved, 
 and the proper credit incorporated in the budget, its execution shall be 
 proceeded with by the method of management or contract, as shall be 
 
58 
 
 decided on by the Municipal Council after hearing the expert who shall 
 have drawn the plan. 
 
 If the work shall be carried out by management, it shall be directed 
 by said expert, in accordance with the instructions in force for munic- 
 ipal works. In case it shall be done by contract, the public bidding 
 in the manner analogous to what is prescribed by these regulations for 
 the works of the State and of a Province, is an indispensable prerequi- 
 site. 
 
 (Article 47 of the Law.) 
 
 ART. 95. When a work not included in the plan of a Municipality is 
 in question, there shall first of all be made the project by the expert to 
 whom the Municipal Council shall have deemed it convenient to intrust 
 this work. 
 
 When the project is drawn it shall be submitted to a public investi- 
 gation, at which shall be heard, within the time which for this purpose 
 is designated by the Municipal Council, all individuals who desire to 
 make any claim concerning the propriety of the execution of the work. 
 
 After this investigation is had, the Municipal Council shall send the 
 proceedings to the Governor with its report concerning said claims, 
 and said authority shall decide what may be deemed expedient, after 
 hearing the opinions of the Provincial Deputation and the Chief Engi- 
 neer. When the nature of the work requires it he shall also hear the 
 Marine Authority or the Military Authority, the Provincial Board ot 
 Health, and the Board of Agriculture, Industry, and Commerce, as the 
 case may be. 
 
 From the decision of the Governor the Municipal Council may appeal 
 to the Governor General and the Colonial Secretary, who, after hearing 
 the Consulting Board of Koads, Canals, and Ports, shall decide with- 
 out further recourse. 
 
 (Article 45 of the Law.) 
 
 ART. 96. When a work which is to be executed affects two or more 
 Municipal Councils, the decision concerning the proposal of preference 
 indicated by Article 92, or the approval of the project referred to in 
 Article 93, or the other points indicated in Articles 94 and 95, can not 
 be made, unless the interested Municipal Councils shall have coine to 
 an agreement, and unless they have before them the complete project. 
 
 If there should be any difference of opinion between the said Munic- 
 ipal Councils, the Governor shall decide after hearing the Chief Engi- 
 neer and the Provincial Deputation, the Municipality which may have 
 considered itself prejudiced having the right of appeal to the Governor 
 General and the Colonial Secretary. When the works affect towns 
 belonging to different provinces, the proceeding shall be according to 
 the last paragraph of Article 46 of the General Law of Public Works. 
 
 (Article 45 of the Law.) 
 
 ART. 97. For the construction of public works of any kind, Municipal 
 Councils may call for the personal aid of the inhabitants whenever the 
 
59 
 
 ordinary revenues, or any other income devoted to such objects, shall 
 not be sufficient. 
 
 ABT. 98. "Municipal Councils may impose special taxes for the use 
 and profit of the works which are executed and which are the sub- 
 ject of profitable operation. The amount of taxes shall be proposed 
 by the Municipality in each particular case, submitting its proposal to 
 the Governor, who, with his report, shall submit it to the Governor- 
 General, and the latter, with his report, to the Colonial Secretary, who 
 shall decide, by Eoyal Order, after hearing the Colonial Department of 
 the Council of State, concerning the approval of the proposed tax, 
 communicating the proper instructions for its application to the work 
 in question. 
 
 (Article 46 of the Law.) 
 
 ART. 99. The work of preservation and repair of existing works in 
 each Municipality shall be paid by the credits previously and neces- 
 sarily designated for this purpose in the municipal budget, and always 
 after these budgets have been drawn and approved by the proper 
 Municipal Council. 
 
 (Articles 16 and 49 of the Law.) 
 
 ART. 100. The Municipal Councils may freely name the technical 
 officials who are to intervene in the works under their charge, it being 
 necessary that those selected shall have the proper professional degree 
 which proves their ability. 
 
 The organization of the technical personnel, the management of 
 municipal works, the fixing of the payments, and other matters relative 
 to this part of the service shall be exercised by the proper Municipal 
 Council, in accordance with the provisions of the laws and regulations 
 in force. 
 
 Engineers of Eoads and Overseers of Public Works who may be 
 named by the Municipal Councils for the service of municipal works 
 shall enjoy all the rights which are given them by the Eegulations, as 
 though they were in the service of the State. 
 
 (Article 48 of the Law.) 
 
 ART. 101. Public works in charge of Municipal Councils shall be 
 inspected by the employees or technical officials of the State in a man- 
 ner similar to that prescribed by articles 69 and 70 of the present 
 Eegulations for provincial works. 
 
 (Articles 8 and 50 of the Law.) 
 
 ART. 102. The provisions of this chapter are applicable to works 
 called civil constructions devoted to municipal services, and which may 
 be in charge of Municipal Councils, without any other difference than 
 that of the experts in whose charge shall be the projects, direction, and 
 supervision, according to existing legislation. 
 
 (Article 48 of the Law.) 
 
60 
 CHAPTER VJLI. 
 
 
 
 CONCESSIONS OF MUNICIPAL WORKS. 
 
 ART. 103. The public works in charge of Municipal Councils which 
 are included in the plans of the same, properly approved, can be the 
 subject of concessions to individuals or Companies who may request 
 them, in accordance with the provisions of the general Law of Public 
 Works and of the present Eegulations. 
 
 (Article 53 of the Law.) 
 
 ART. 104. The concessions to which the previous article refers shall 
 be granted by the proper Municipal Councils, provided that no aid of 
 any kind whatsoever is requested for them, nor any subsidy from the 
 Municipal funds. 
 
 (Articles 53 and 73 of the Law.) 
 
 ART. 105. Whenever a concession of a municipal work without sub- 
 sidy is requested, the petitioner shall present to the proper Municipal 
 Council the project of the same. For this purpose he may request the 
 Governor of the province to give the authorization referred to in Arti- 
 ticle 56 of the general Law of Public Works, proceeding as prescribed 
 by Article 74 of these Eegulations concerning provincial works. 
 
 (Articles 55 and 56 of the Law.) 
 
 ART. 106. The project shall be delivered to the Secretary of the 
 Municipal Council, accompanied by a document which proves that the 
 petitioner has delivered to the depository of municipal funds a sum 
 equivalent to 1 per cent of the estimate of the works. The Secretary 
 of the Municipal Council shall give a receipt for the project, in which 
 shall appear the day and the hour on which it was presented. 
 
 (Article 57 of the Law.) 
 
 ART. 107. The expert in charge of municipal works, or the one whom 
 the Municipal Council deemed proper to temporarily name for this 
 special purpose, shall then proceed to go over the plan of the project 
 on the ground and report in the manner provided for by Article 76 for 
 provincial works. The Municipal Council shall send the project thus 
 reported to the Governor of the province, who, after hearing the Chief 
 Engineer, shall decide as to the approval of the project, in the manner 
 prescribed by Article 96. 
 
 (Article 58 of the Law.) 
 
 ART. 108. The schedule of rates for the use and profit of the work 
 shall be submitted for a period of fifteen days to a public investigation, 
 under the direction of the Alcalde, in which all the inhabitants of the 
 town who believe themselves interested may enter claims. The Alcalde 
 shall then send this investigation to the petitioner, in order that he may 
 answer; and shall further hear the expert in charge, and, with the 
 opinion of the full Municipal Council, shall send the proceedings to the 
 Governor. The latter shall decide concerning the approval of the rates 
 
61 
 
 in the same manner as is provided for the project by the preceding 
 article. 
 
 (Article 58 of the Law.) 
 
 ART. 109. After the project is approved and the basis of the con- 
 tract agreed upon with the petitioner, the Municipal Council shall 
 decide as to the granting of the concession by means of a resolution, 
 in which a memorandum shall be made and which shall be communi- 
 cated to the Governor for publication in the Boletin Oficial. 
 
 The essential provisions of these concessions shall be those provided 
 by Article 28 of these Eegulations for similar concessions of works of 
 the State. 
 
 From the resolution of the Municipal Council the petitioner may 
 appeal to the Governor, who, after hearing the Provincial Deputation, 
 shall decide without further recourse. The periods for investigation 
 and decision, arid the form in which the appeal shall be made, are 
 those designated for these cases by the Municipal Law in force in this 
 island. 
 
 (Articles 58 and 59 of the Law.) 
 
 ART. 110. When the concession is granted, the concessionaire shall 
 deposit from 3 to 5 per cent of the amount of the approved estimate, 
 and proceed to the execution of the works under the immediate inspec- 
 tion of the technical officials of the Municipality, and the superior 
 inspection of the State Engineers. 
 
 (Articles 50, 59, and 64 of the Law.) 
 
 ART. 111. The concession shall be forfeited in the cases provided in 
 the stipulated provisions, and shall thus be declared in a proper case 
 by the Municipal Council, after proceedings in which the interested 
 party shall be heard, and with a right of appeal to the Governor in the 
 same manner as is provided for in Article 109. 
 
 After the Governmental proceedings have been exhausted, the con- 
 cessionaire shall reserve the right to appeal from the declaration of 
 forfeiture of the concession, by administrative litigation. 
 
 When the forfeiture is finally declared, the consequences shall be the 
 same as those provided for by chapter 2 of these Kegulations for similar 
 works in charge of the State, it being understood that the appraisal of 
 the works executed, to which Article 30 refers, shall be made by the 
 expert employees of the Municipal Council, the approval of the Gover- 
 nor being necessary in the same manner as for projects of municipal 
 works. 
 
 (Articles G7, 68, 69, 70, and 71 of the Law.) 
 
 ART. 112. In case more than one project is presented for the same 
 work within a period of thirty days, counting from the time the first 
 petition is made, the comparison on the ground, referred to by Article 
 107, and other investigations of the proceedings, shall be made by com- 
 parison between the projects presented, discussing their respective 
 advantages and disadvantages. When these proceedings are ended 
 
62 
 
 the Municipal Council, in view of the result, shall select the project 
 which, in its judgment, offers the greatest advantages, and send it for 
 the approval of the Governor. 
 
 The Governor, having in view all the proceedings, after an opinion 
 of the Chief Engineer, shall decide upon the approval in the manner 
 determined by Article 93. 
 
 From the decision of the Governor, the Municipal Council, if it deems 
 it proper, may appeal to the Governor-General and the Colonial Secre- 
 tary, who shall decide without further recourse. 
 
 (Article 61 of the Law.) 
 
 ART. 113. If evident advantages appear in one of the projects over 
 the rest, this one shall be preferred for the granting of the concession, 
 which shall be made by the Municipal Council in accordance with the 
 provisions of Article 109. 
 
 If it appears that none of the projects presented offers advantages 
 over another, the Governor shall thus declare; and if the Municipal 
 Council does not appeal from this ruling, he shall decide that a public 
 bidding be held, on the basis of the project which has the priority. 
 
 Before announcing the bidding, the said project shall be appraised by 
 an expert named by the Municipal Council and another by the petitioner, 
 who, in their turn and before the appraisal, shall name a third by 
 agreement, to act in case of disagreement. If there should not be an 
 agreement between said two experts on the appointment of a third, he 
 shall be named by the proper judicial authority. 
 
 The appraisal shall be made in a manner similar to that designated 
 by Article 35, and the Municipal Council shall give its approval thereto, 
 after the report of the expert in charge. 
 
 (Articles 61 and 62 of the Law.) 
 
 ART. 114. The bidding shall take place with the Alcalde presiding, 
 assisted by the Technical Director, the Treasurer of the Municipal 
 Council and the Secretary of the same, and in accordance with the 
 provisions of Articles 36 and 37. 
 
 The concession shall be granted by the Municipal Council to the 
 person who shall be declared the best bidder at the public sale, reserv- 
 ing to the author of the project which has served as its basis, the rights 
 of preference on equal terms and of payment of the appraised value of 
 the project, according to the rules established in Articles 38 and 39. 
 
 (Articles 62 and 72 of the Law.) 
 
 ART. 115. When, for the execution of a municipal work a subsidized 
 concession is requested, to be paid from the funds of the Municipal 
 Council, so far as presentation, proceedings and approval of the proj- 
 ect and investigation concerning rates are concerned, the same method 
 shall be followed as is provided by Articles 105 to 107 of this chapter 
 referring to works without subsidy. 
 
 When the project is approved, its appraisal shall be made in the 
 manner prescribed by Article 113. 
 
 (Article 75 and 76 of the Law.) 
 
63 
 
 ART. 116. When the project is approved and the basis of the con- 
 cession agreed upon between the Municipal Council and the petitioner 
 with the approval of the Governor, the public bidding shall be had, 
 at which the said project shall serve as the basis in a manner similar to 
 that provided for works of the State, by Articles 43 and 44 of these 
 Regulations. 
 
 The author of the project always has a right of preference on equal 
 terms and to the payment of the appraisal in accordance with the pro- 
 visions of Article 45. 
 
 (Article 78 and 79 of the Law.) 
 
 ART. 117. The guaranty which, in case of subsidy, shall be 5 per 
 cent of the amount of the estimate, shall be deposited with the Treas- 
 urer of the. Municipal Council. 
 
 Articles 47 to 50 of the present Regulations, with the corresponding 
 modifications according to the provisions of Article 111, are applicable 
 to this case. 
 
 (Article 80 of the Law.) 
 
 ART. 118. If there should be more than one project for the subsi- 
 dized concession of a municipal work, the one offering the greatest 
 advantages shall be selected, which shall serve as the basis for the 
 bidding; and if it is believed that all the projects presented are equal, 
 the one having priority shall serve for this object. When the project 
 which shall serve as the basis for the bidding shall be determined, in 
 one way or another, the appraisal shall be previously made; and for 
 the rest there shall be applicable in this case, the same provisions which 
 for similar cases are prescribed by the present Regulations in Article 
 112, and in those referring to works of the State and of the Province. 
 
 (Article 61 of the Law.) 
 
 ART. 119. When a work which shall be executed with municipal 
 funds may be the subject of profitable operation, and the plan of rates 
 for its use and profit shall have been approved in the manner prescribed 
 by Article 98, such operation shall be carried out by contract, after 
 public bidding, which shall take place according to provisions similar 
 to those indicated by Article 36, for works of the State without subsidy. 
 
 The Municipal Council can not take charge of the operation of this 
 class of work without previous authorization from the Government, and 
 with formalities similar to those established by Article 87 for provincial 
 works. 
 
 (Article 46 of the Law.) 
 
 ART. 120. When works, the concession of which is requested, affect 
 the territory of two or more Municipal Councils of the same provinces, 
 proceedings shall be had in each one of them independently, as to the 
 examination of the projects and the investigations referred to in this 
 chapter, sending the proceedings to the Governor through the respec- 
 tive Alcaldes. 
 
 The Governor shall decide concerning the approval of the projects 
 as provided for by this chapter. 
 
64 
 
 After the granting of concessions, declaration of forfeiture, and other 
 resolutions which may be made by Municipal Councils, they shall come 
 to some agreement; and if they should not be able to do so, the Gov- 
 ernor shall decide, with a right of appeal to the Govern or- General and 
 the Colonial Secretary, and a further appeal by means of administrative 
 litigation. 
 
 When the Municipal Councils interested belong to different provinces, 
 the rights which according to this chapter belong to the Governors 
 and the Municipalities, shall be exercised by the Governor-General and 
 the Colonial Secretary, whenever the said authorities or Corporations 
 do not agree. 
 
 (Articles 8 and 16 of the Law, and Chapters 6 and 7 of the same.) 
 
 ART. 121. The provisions of Chapters 2 and 3, of which no special 
 mention has been made here, are applicable to concessions of municipal 
 works with the modifications which the various cases require, the doubts 
 and questions which may arise being decided according to the spirit of 
 these provisions. 
 
 TITLE FOURTH. 
 
 CONCESSIONS OF WORKS NOT INCLUDED IN PLANS OF THE 
 STATE, OF THE PROVINCE, AND OF MUNICIPAL COUNCILS. 
 
 CHAPTER VIII. 
 
 CONCESSIONS OF THE PUBLIC DOMAIN. 
 
 ART. 122. When individuals or Companies ask for the execution of 
 public works which are not included in the plans formed by the State, 
 the Province, and the Municipalities prior to the granting of the conces- 
 sion, there shall be the grant of the public domain which may be 
 affected by the work, and the declaration of the public utility thereof. 
 
 The concession of the public domain in every ca'se must be given by 
 the Colonial Department or its Delegates. 
 
 If the work, the concession of which is requested, should alter in any 
 manner the plans referred to by the preceding paragraph, the provi- 
 sions of the second paragraph of Article 53 of the general Law of Pub- 
 lic Works shall also be observed. 
 
 (Article 93 of the Law.) 
 
 ART. 123. In the concession of works which affect the public 
 domain, the following cases are distinguished: 
 
 First. That the work in question does not hinder or impede the 
 enjoyment or general use of the part of the public domain which it 
 affects. 
 
 Second. That it hinders or impedes the said general use. 
 
 Third. That it permanently occupies a part of the public domain in 
 which there is no use or general benefit. 
 
 Fourth. That it temporarily occupies a part of the public domain 
 devoted to general use. 
 
65 
 
 Fifth. That it alters established servitudes on private property for 
 the benefit of the public domain. 
 
 (Article 94 of the Law.) 
 
 ART. 124. The person requesting the concession of a work affecting 
 the public domain, in the manner designated in the first number of the 
 preceding article, shall present his petition to the Colonial Secretary 
 or to the Governor- General of the Island, accompanied with a project 
 based on the following documents : 
 
 First. An explanatory memorial, in which a clear idea is given of the 
 work, the execution of which is requested, and in which it is shown that 
 neither by it nor by its operation the general use of the part of the 
 public domain, which may be affected by said work, shall be impaired. 
 
 Second. Plans which show the situation, principal dimensions, and 
 the other details of the work. 
 
 Third. An approximate estimate, in which, besides the calculation 
 of the cost of the same, shall appear the value of the part of the pub- 
 lic domain affected. 
 
 And fourth. The rates which it is proposed to establish for the use 
 and profit of the work. 
 
 The petitioner shall accompany with the project a document showing 
 that he has deposited in the Government Treasury an amount equal 
 to one-half of one per cent of the estimate of the works which shall be 
 built on lands of the public domain. 
 
 (Article 94 of the Law.) 
 
 ART. 125. The Colonial Secretary shall examine into the investiga- 
 tions to clear up the rights established on the public domain which it 
 is proposed to occupy, the advantages or disadvantages which might 
 result to the public interests from the work, and the other circum- 
 stances which it may be advisable to take into account before the grant- 
 ing of the concession. 
 
 These investigations shall be proceeded with in accordance with the 
 provisions prescribed by the Regulations for the execution of the special 
 laws of Public Works, the opinion of the Deputation being in all cases 
 indispensable, as also that of the Chief Engineer and of the Governor 
 of the province interested in the construction of the work, of the 
 In spection- General of Public Works, of the Governor- General of the 
 Island, besides that of the Consulting Board of Roads, Canals, and 
 Ports. 
 
 (Article 94 of the Law.) 
 
 ART. 126. The concession, if it shall be proper, shall be made by 
 Royal Decree, except in the case that the work shall alter some of the 
 plans of the State, according to the provisions of the second paragraph 
 of Article 122 of these Regulations. In the concession there shall be 
 stipulated the clauses and conditions which are set forth in Article 95 
 of the general Law of Public Works, and besides, the times and terms 
 21634 5 
 
66 
 
 in which the State shall be paid the price at which the part of the 
 public domain it is to cede shall be valued. 
 
 The guaranty which it is necessary for the concessionaire to give 
 shall be 3 per cent of the estimate of the works which shall occupy 
 the public domain, and shall be returned when he has proved that he 
 has completed the works, as provided for by Article 103 of the general 
 Law of Public Works. 
 
 The conditions of forfeiture in these cases shall be the same as those 
 for concessions without subsidy established by chapter 2 of these 
 Eegulations. 
 
 (Article 95 of the Law.) 
 
 ART. 127. In the case in which, according to the provisions of Arti- 
 cle 96 of the general Law of Public Works, more than one petition for 
 the same work is presented, the investigations referred to in Article 125 
 shall cover, moreover, the question of the advantages or disadvantages 
 which might result by a comparison between the competing projects j 
 and the one shall be preferred which offers the greatest advantages, or, 
 in case of equality, the first one which shall have been presented. 
 
 Thirty days shall be declared to be the time within which proposi- 
 tions for the execution of the work may be presented counting from 
 the publication of the first petition. After this period has elapsed no 
 other new petition shall be admitted. 
 
 (Article 96 of the Law.) 
 
 ART. 128. The Colonial Secretary, nevertheless, in cases where there 
 is not a marked preference between the proposals, or in any other case 
 in which he may deem it convenient to the general interests, may order 
 that the concession be made by means of public bids. In this bidding 
 not only the proposers who have presented their projects may take 
 part, but also any person who shall have made the deposit of one-half 
 of 1 per cent provided by article 124. 
 
 (Article 96 of the Law.) 
 
 ART. 129. For the bidding, the project which shall first have been 
 presented shall serve as the basis, provided that its author shall have 
 accepted the modifications which the superior authorities may have 
 deemed proper to introduce therein. In case of failure to accept these, 
 the deposit and the project shall be returned, and the second project 
 shall be taken up, proceeding with it in the same manner, and thus 
 successively until the last, it being understood that no concession shall 
 be granted if none of the petitioners accept the modifications intro- 
 duced. 
 
 (Article 96 of the Law.) 
 
 ART. 130. The project which, according to the previous article, shall 
 serve as the basis for the bidding, shall be appraised prior thereto in 
 the manner provided by article 50 of these Eegulations. 
 
 (Article 96 of the Law.) 
 
 ART. 131. The bidding shall be made, in the first place, upon the per- 
 centage of reduction in the rates approved for the use of the works j 
 
67 
 
 and in case there are equal propositions, a new open bidding shall be 
 held between the signers of the propositions, which shall be based on 
 the raising of the price which has been assigned to the part of the public 
 domain which should be necessary to grant. 
 
 If the bidders should make any proposition concerning this better- 
 ment, the one who shall have drawn the lowest number by lot before 
 proceeding to the opening of the bids, shall be declared the best bidder. 
 
 (Article 96 of the Law.) 
 
 ART. 132. The petitioner to whom belongs the project which has 
 served as the basis of the bidding, shall have the right of preference 
 on equal terms if he so declares at the time of the public sale, 
 which shall be extended for one-half hour for this purpose, so that he 
 may make use of this right, which shall appear in the minutes. If he 
 should not do so, the person who shall be declared the best bidder in 
 the public sale shall be considered the concessionaire, by means of 
 a declaration made by Royal Decree, issued by the Colonial Depart- 
 ment after the deposit of a guaranty equivalent to 3 per cent of the 
 amount of the estimate of the works affecting the public domain. 
 
 The one to whom the award is made shall, moreover, pay the peti- 
 tioner whose project has served as the basis of the public sale the 
 amount of said project, in accordance with the appraisal made, as pro- 
 vided by article 130. 
 
 (Article 96 of the Law.) 
 
 ART. 133. The concessionaire shall pay to the State the value at 
 which the part of the public domain which has to be granted has been 
 fixed. This payment shall be made at the times and in the manner 
 determined by the provisions of the concession. 
 
 (Article 96 of the Law.) 
 
 ART. 134. When a work included in number 2 of article 123 of these 
 Eegulations is in question, the petitioner for the concession shall 
 present the project referred to in article 124. 
 
 The memorial shall show the necessity for the occupation of the 
 public domain, showing besides in what manner and to what extent 
 the work will affect the general use established thereon. 
 
 In the proposal, besides the value of the part of the domain which 
 is to be occupied, the damage to the general use caused by the execu- 
 tion of the work shall be stated, including both in a single amount. 
 
 With the project shall be accompanied the receipt for the deposit of 
 an amount equivalent to 1 per cent of the estimate of the works which 
 shall have to be established on lands of the public domain. 
 
 (Article 94 of the Law.) 
 
 ART. 135. After the project is presented, it shall be submitted to the 
 investigations laid down by article 125, the Colonial Secretary having 
 the right to approve it. If the work changes the plans of the State, 
 there shall be presented to the Cortes the proper form of law, in the 
 manner prescribed by article 53 of the general Law of Public Works. 
 
68 
 
 In every case the concession for a work of this class can not be granted 
 without public bidding, as determined by article 97 of the same law. 
 
 (Articles 94 and 97 of the Law.) 
 
 ART. 136. At the bidding the project approved shall servo as the 
 basis, and the proposals shall be made in the first instance on reduc- 
 tions in the rates for the use of the work, and in case of equal proposi- 
 tions, on the raising of the value of the public domain which shall have 
 to be granted, according to the figure which, for this purpose, shall have 
 been fixed in the approved estimate, as provided in article 134. 
 
 (Article 97 of the Law.) 
 
 ART. 137. The concessions shall be granted to the best bidder by 
 means of a Royal Decree, in which shall be fixed the clauses and con- 
 ditions indicated in Article 126, and the times and manner in which the 
 concessionaire shall pay to the State the amount which shall have been 
 fixed for the value of the part of the public domain occupied, and the 
 damages for the loss of its general use. 
 
 The guaranty shall be 5 per cent of the estimate of the works which 
 shall be executed on lands of public domain, and shall not be returned 
 until the concessionaire shall have shown that he has completed the 
 works of the concession, as provided by Article 103 of the general Law 
 of Public Works. 
 
 The conditions of forfeiture shall be the same as those established 
 by said Article 126 of these Eegulations. 
 
 (Article 98 of the Law.) 
 
 ART. 138. Whenever for the same work two or more petitions for 
 concessions are presented, the selection of the project which is to serve 
 as the basis of the biddings shall be proceeded with in accordance with 
 the provisions of Articles 127 and 129, as the case may be, observing for 
 all other purposes the provisions of Articles 130, 131, and 132. 
 
 (Article 99 of the Law.) 
 
 ART. 139. The concessions referred to in the previous articles of this 
 chapter are subject, as to their terms and their general provisions, 
 the formalities of the grant, the right of alienation on the part of the 
 concessionaire, the supervision of the works, and the cases of forfeiture, 
 to the provisions established for each of these points in Articles 100 to 
 104, both inclusive, of the general Law of Public Works. 
 
 (Articles 100 and 104 of the Law.) 
 
 ART. 140. When the work, the concession of which is demanded, is 
 included in case number 3 of Article 123, and in consequence part of 
 the public domain which will be affected is not devoted to any use or 
 benefit whatever, the petitioner shall present the project drawn accord- 
 ing to the following conditions : 
 
 First. A memorial in which the object of the work is stated, and the 
 part of the public domain which is to be occupied, and proof that said 
 part is not devoted to any general use. 
 
69 
 
 Second. Plans which give a clear idea of the dispositions of the 
 works. 
 
 Third. Approximate estimate of the same. 
 
 There shall be accompanied, besides, the rates which shall be estab- 
 lished for the use of the work and the bases for their application. 
 
 (Article 106 of the Law.) 
 
 ART. 141. The project shall thereafter be the subject of an investiga- 
 tion, at which all the officials or Corporations shall be heard that in 
 each case may be designated by the special laws of Public Works and 
 the Kegulations for their execution ; and among them there shall always 
 be consulted the Chief Engineer of the province and the Governor, 
 who shall be the one to direct the investigation and who shall send its 
 result to the General Government, which will forward it to the Colonial 
 Department. 
 
 The Secretary, by means of a Eoyal Order, shall decide as to the 
 concession, after hearing the Consulting Board of Eoads. 
 
 (Article 105 of the Law.) 
 
 ART. 142. In case more than one petition for the same work is pre- 
 sented, all shall be submitted to a competitive examination during the 
 investigations referred to in the preceding article; and the one shall 
 be selected from among them which offers the greatest advantages to 
 the public interests; and in case of equality among them the one 
 which has been first presented; and in neither of these cases shall the 
 other petitioners have any right of indemnity whatsoever. 
 
 (Article 105 of the Law.) 
 
 ART. 143. The essential clauses of the concessions referred to by 
 Article 140 and the following articles shall be: 
 
 First. The guaranty which the concessionaire shall give in security 
 for the fulfillment of his obligations. This shall not exceed one per 
 cent of the estimate of the works affecting the public domain, and 
 shall be returned to the interested party when the works have been 
 executed to the value of one-third part of said estimate. 
 
 Second. The dates on which the works are to begin and end. 
 
 Third. The term of the concession, which may be perpetual in cases 
 in which the special laws of Public Works shall so provide. 
 
 (Article 105 of the Law.) 
 
 ART. 144. These concessions shall be forfeited when the stipulated 
 conditions shall not be fulfilled, and then shall follow proceedings simi- 
 lar to those provided by chapter 2, title first, of these Eegulations, con- 
 cerning the concessions of works of the State without subsidy. 
 
 (Article 105 of the Law.) 
 
 ART. 145. When the work which is to be executed comes within the 
 case of number 4 of article 123, the petitioner may state his desires in 
 a petition directed to the Governor of the province, who, following the 
 procedure determined by the Eegulations of the Special Laws, and 
 after hearing the Chief Engineer, shall decide concerning the authoriza- 
 
70 
 
 tion requested, imposing the proper conditions for the enjoyment of 
 the concession. From the decision of the Governor the interested 
 party shall have the right of appeal to the Govern or- General and to 
 the Colonial Secretary, who shall decide finally. 
 
 By means of similar proceedings a request included in paragraph 5 
 of article 123 of the Regulations shall be decided, provided that the 
 concession be temporary; but in case a perpetual concession be 
 requested, the decision shall be made by the said Colonial Department. 
 
 (Articles 107 and 108 of the Law.) 
 
 ART. 146. Grants of the public domain may be made for works 
 devoted to the carrying on of a private industry, in accordance with 
 article 109 of the Law. The Special Law of Public Works and the 
 Eegulations for its execution show the proceedings which in each case 
 shall be followed in order to obtain the concession which it is proper to 
 grant, the clauses which it shall contain, and the intervention in this 
 matter belonging to the administrative officials. 
 
 (Article 109 of the Law.) 
 
 ART. 147. If, in accordance with Article 110 of the General Law, it 
 is requested that a company or an individual be given the concession of 
 part of the domain of the State, for the construction of a work devoted 
 to public or private use, the same proceedings shall be observed as are 
 prescribed in the present chapter for the granting of the public domain ; 
 but, nevertheless, the following provisions shall be kept in mind: 
 
 First. In this case the concession shall always be made after public 
 bidding, which shall be based on a price better than that approved in 
 the estimate, as affects that part of the domain of the State which is to 
 be granted. 
 
 Second. This public bidding shall take place in accordance with the 
 proceedings and the requisites established by the laws and instructions 
 in force for the alienation of public lands, and the amount of the public 
 sale shall be paid in the manner provided in the same legislation. 
 
 Third. In order to take part in the bidding, a deposit of 1 per cent 
 of the amount of the estimate of the works shall be made, and the guar- 
 anty shall be 5 per cent of the same estimate, which shall not be returned 
 until the complete termination of the works ; and 
 
 Fourth. In case of the forfeiture of the concession, the concession- 
 aire shall lose the guaranty and the amounts which he may have paid 
 for the value of the granted domain, the State taking charge thereof 
 for the use which it may deem proper. 
 
 (Article 110 of the Law.) 
 
 ART. 148. If the work which is to be executed changes servitudes 
 established for the benefit of the public domain of the State, the con- 
 cession thereof shall be granted by the Colonial Department or the 
 Governors, according to whether it is perpetual or temporary, and in 
 accordance with the proceedings provided for by Article 145 of the 
 present Eegulations. 
 
 (Article 111 of the Law.) 
 
71 
 
 CHAPTER IX. 
 
 DECLARATION OF PUBLIC UTILITY. 
 
 ART. 149. The declaration of public utility of the work petitioned for, 
 shall precede the execution of all public works, the concession of 
 which is requested by individuals or Companies, in the cases which are 
 not excepted by Article 113 of the General Law of Public Works. 
 
 (Article 113 of the Law.) 
 
 ART. 150. In all petitions for the declaration of public utility two 
 cases shall be distinguished; that is to say: 
 
 First. That there is not asked in any grant the benefit of neighbor- 
 hood, referred to in the first paragraph of Article 114 of the General 
 Law. 
 
 Second. That, in addition, condemnation of private property under 
 the laws of eminent domain is requested for the benefit of the projected 
 work. 
 
 (Article 114 of the Law.) 
 
 ART. 151. In the first case of the preceding article, the petitioner 
 shall present a preliminary project, which shall serve as the basis for an 
 investigation, in the manner prescribed by the following articles; this 
 preliminary project shall contain an explanatory memorial, general 
 plans of the works, and an idea of its cost. 
 
 (Article 116 of the Law.) 
 
 ART. 152. If the work should be of a municipal character and should 
 be included within one single district, the preliminary plans shall be 
 submitted to a public investigation for a period of fifteen days, the 
 Municipal Council having the right to declare the utility, in view of 
 the result of this investigation. 
 
 If the work, being of a municipal character, affects more than one 
 town, the information shall be made in all those which may be inter- 
 ested; and thereafter each Municipal Council, by means of its respec- 
 tive Alcalde, shall send the proceedings to the Provincial Deputation, 
 which, in this case, shall have the right to make the declaration of 
 utility. 
 
 (Articles 115 and 116 of the Law.) 
 
 ART. 153. If the work should be of a provincial character and affect 
 one province only, the preliminary project shall be submitted to an inves- 
 tigation of the interested Municipal Councils, and in view of these the 
 Provincial Deputation shall decide concerning the declaration. 
 
 In the same case when the work is provincial and affects more than 
 one province, there shall be made in each one the corresponding inves- 
 tigation, submitting the preliminary project to the examination of the 
 Municipal Councils. The respective Alcaldes shall send the proceed- 
 ings to the Governor, and the said Authority, after hearing the Depu- 
 tation and with his own report, shall send the proceedings to the 
 
72 
 
 Governor-General, who shall decide as to the declaration in view of the 
 investigations made, when it shall be according to the Law. 
 
 (Articles 115 and 117 of the Law.) 
 
 ART. 154. In case the work should affect general interests and, as a 
 consequence, the character of a State work, the investigation on the 
 basis of the preliminary plan shall begin by hearing the interested 
 Municipal Councils, thereafter the Provincial Deputation or Deputa- 
 tions which the work affects, and the respective Governor shall send 
 to the Governor-General the proceedings, so that he, when the decision 
 does not belong to him, according to Article 115 of the Law, shall send 
 it with his report to the Colonial Secretary, who shall make the decla- 
 ration by Eoyal Decree, according to the provisions of said article. 
 
 (Articles 115 and 117 of the Law.) 
 
 ART. 155. When the declaration of public utility shall come within 
 the second case of Article 150, and it shall be desired to have a right of 
 condemnation of private property under the laws of eminent domain, 
 the petitioner shall draw the project in accordance with the provisions 
 determined by Article 6 of these Regulations for works of the State, 
 adding the amount of the tax and the calculation of the probable earn- 
 ings of the Company. 
 
 The petitioner shall also present the documents which he may deem 
 proper in order to prove the necessity of the declaration of utility, and 
 shall add to the project a statement, according to the municipal dis- 
 tricts, of all the proprietors whose estates shall have to be occupied by 
 the execution of the work. 
 
 The project shall be delivered by the petitioner to the Governor of 
 the province, who shall have charge of directing the investigation which 
 is to precede the declaration. 
 
 (Articles 115 and 117 of the Law.) 
 
 ART. 156. If the work should be of a municipal character, the 
 Governor-General shall announce in the Boletin Oficial the petition, 
 together with the list of names of the parties interested in the con- 
 demnations, ordering at the same time that the petitioner proceed to 
 a survey of the works on the ground, of which he shall notify the 
 Alcalde of the district in which the work is to be executed, to the end 
 that he give notice to the interested owners and inform them of the 
 day or days the said survey is to take place. 
 
 The petitioner or his delegate shall then proceed, on the days fixed, 
 to the said survey, hearing on the ground the owners of the estates 
 which the works will have to occupy, and giving orally such explana- 
 tions as they may desire. 
 
 Within twenty days following the termination of the survey the par- 
 ties interested in the condemnation proceedings may make whatever 
 claims they may deem pertinent as to their rights and shall direct the 
 same to the Alcalde of the proper town. 
 
 The Municipal Council, after hearing the technical Director of the 
 Municipal Works, shall deliberate concerning the claims presented, 
 
73 
 
 and as to whether the utility should or should not be declared ; and the 
 Alcalde shall send to the Governor- General the proceedings, with the 
 report which might have been agreed upon by the Municipal Council, 
 or with his own report. 
 
 The Governor, after first hearing the petitioner and the report of the 
 Chief Engineer and of the Provincial Deputation, shall make the 
 declaration of public utility by a resolution, setting forth the reasons, 
 which shall be inserted in the Boletin Oficial of the Province. 
 
 (Articles 115 and 117 of the Law.) 
 
 ART. 158. If the work should be of a provisional character, the 
 Governor shall follow all the proceedings provided for by article 156, 
 and shall decide on the declaration, after hearing the Provincial Depu- 
 tation, the petitioner, and the Chief Engineer. 
 
 If the work should be of a provisional character, affecting the terri- 
 tories of two or more provinces, there shall be observed in all the prov- 
 inces rules similar to the preceding ones ; but the Governors, instead 
 of deciding, shall confine themselves to sendiDg, with their report to the 
 Governor-General, the investigations made in their respective provinces. 
 The Governor- General shall decree in this case as to the declaration of 
 utility whenever it shall belong to him, according to the Law. 
 
 (Articles 115 and 117 of the Law.) 
 
 ART. 159. When works are in question which affect the general 
 interests of the State, the declaration of public utility shall be made by 
 the Colonial Department, or, when the power is given him by law, by 
 the Governor-General, after following all the proceedings prescribed by 
 the two preceding articles, and after report from the Consulting Board 
 of Eoads, Canals, and Ports concerning the proceedings sent by the 
 Governors. 
 
 (Articles 115 and 117 of the Law.) 
 
 ART. 160. From the decisions which, in connection with public 
 utility, the Administration may render, there shall be the right of 
 appeal by administrative litigation, in order that, before the hier- 
 archical superior, and after the latter has rendered a final decision, the 
 administrative litigation shall be proceeded with, when, in the pro- 
 ceedings begun for this purpose, there was some error in the form of 
 procedure infringing on the provisions which regulate the course which 
 is to be observed. 
 
 (Article 118 of the Law.) 
 
 Approved by Royal Order of this date. 
 
 Madrid, April 26, 1883. 
 
 NUNEZ DE AROE. 
 
ARTICLES OP GENERAL CONDITIONS 
 
 FOR THE 
 
 CONTRACTING FOR PUBLIC WORKS IN CUBA. 
 
 75 
 
GENERAL GOVERNMENT OF THE ISLAND OF CUBA, 
 
 Office of the Secretary, Department of Public Works. 
 Under date of the llth of last December the Colonial Department 
 communicates to His Excellency, the Governor- General, the Eoyal 
 Order, which says: 
 
 YOUR EXCELLENCY: Under this date His Majesty the King (whom God preserve) 
 has seen fit to issue the following Royal Decree. Considering the reasons submitted 
 to me by the Colonial Secretary, and in conformity with the Council of State, I 
 decree the following : 
 
 ART. 1. The Governor-General of the Island of Cuba, as the Superior Authority 
 representing the Government of the nation and as delegate of the Colonial Secre- 
 tary, is the Chief of the service of public works of the Island. 
 
 ART. 2. The Consulting Board of Public Works is the Corporation charged with 
 informing concerning all matters deemed convenient by the Governor-General in 
 regard to its department and in accordance with its regulations. 
 
 ART. 3. The Inspector-General is the second Chief of the service of public works 
 and of its personnel, and as such is charged with its immediate supervision, with 
 sending the proper reports, with making the proposals directed to the Governor- 
 General, and advising him on all matters on which he may be consulted. He shall 
 take the steps and prepare the decision as to the various proceedings, in accordance 
 with the existing laws and provisions, without prejudice to the reports which the 
 said Superior Authority, for his better information, may in the last stage deem it 
 convenient to demand. 
 
 ART. 4. The proceedings regarding concessions, projects, construction, and the 
 service and preservation of public works, shall be commenced in the civil Govern- 
 ments of their Provinces, and must be followed in the first steps according to exist- 
 ing provisions, and must be continued in them, the Governor of the Province 
 deciding, or proposing a decision, as the case may be. Only when it is a case refer- 
 ring to or in which two or more Provinces are concerned, or in those of general 
 character, shall the proceedings be initiated in the General Government, which 
 will send it to the proper authority, so that the Provincial authorities interested 
 may be heard. 
 
 ART. 5. The Governor-General, in accord with the Consulting Board and with the 
 Inspector-General, may decide, according to law, as to those works, the total and 
 complete estimate of which shall not exceed 5,000 pesos, it being understood that 
 they shall be isolated or independent works, or those relating to preservation! 
 repairs, or additions, which will not change the form and condition of others; 
 therefore he shall not approve projects or estimates of work, of sections of high- 
 ways, roads, or buildings, the direction, project, or general disposition of which 
 shall not have been previously approved by the Government, much less to commence 
 work of these kinds, without express authority. 
 
 ART. 6. The Governor-General shall not give in advance any authorization, if it 
 be not clearly within his rights or those expressly delegated to him by the Govern- 
 ment, unless it shall be clearly within the provisions of the fifth right of the second 
 article of the Royal Decree of June 9, 1880, concerning powers of the Governor- 
 General j and even in these cases, in accord with the Consulting Board, the Council 
 
 77 
 
78 
 
 of Administration, and the General Inspection of Public Works, reporting by tele- 
 graph, and sending the proceedings which justify the measure by the first mail. 
 
 ART. 7. The projects and the estimates for the preservation and repair of high- 
 ways, the amounts of which are already provided for by the General Budget of the 
 Island, may be directly approved by the Governor-General, in accord with the Con- 
 sulting Board and the General Inspection of Public Works; but they must be made 
 up annually, adjusting themselves strictly to the forms and provisions previously 
 approved by the Government, and according to the prices fixed in them as the basis 
 of the Budgets. 
 
 ART. 8. Any change which may be deemed convenient to be made in the prices 
 and conditions of the forms approved for the drafting of the projects and Budgets 
 for preservation or repair, and which will essentially concern them, shall be sub- 
 mitted to the Superior Authority and authorized by him. 
 
 ART. 9. The Inspector-General may authorize the Chief Engineers to introduce in 
 approved projects changes in form and detail which will not alter the conditions of 
 resistance of the works nor their object, such as changes of levels, modification, and 
 substitution in the kind of building, variation of some detail of construction, change 
 in some alignment, modification of the height of the fences, culverts, and pontoons ; 
 but always providing that these changes do not increase the total estimate of the 
 works. 
 
 ART. 10. When the said changes or the cost of the works should increase the esti- 
 mates already approved, they can not be authorized by the General Inspection, 
 which in a proper case shall submit them to the decision of the Governor-General, 
 after an opinion of the Consulting Board of Public Works of the Island. The 
 Governor- General shall only once authorize the increase, when it refers to a work 
 approved by a Royal Decision, and it does not exceed 4, 000 pesos, or when it belongs 
 to a work the project of which has been approved by his authority, and the approved 
 estimate of which shall in no case exceed 2,000 pesos ; always immediately inform- 
 ing the Government of the authorization, and submitting the increase to its exam- 
 ination and approval, whenever the amount shall exceed that sum. 
 
 ART. 11. The Governor-General shall not by himself authorize any concession what- 
 ever for the construction of roads, canals, ports, works on the beaches or on the sea- 
 shore, if not expressly and clearly authorized by the laws and general provisions. 
 Such concessions shall be submitted to the general procedure indicated by the laws, 
 and shall be decided by the Central Government, unless he has been delegated with 
 powers for that purpose. 
 
 ART. 12. The Governor- General, after hearing the proper authorities and Corpora- 
 tions, shall propose whatever measures he may deem convenient for the greater 
 activity and development of public works, as well as the modifications which he may 
 deem necessary or advantageous, resulting from the study and application of the 
 laws and provisions in force, for the best development of the interests of the Island. 
 
 All of which, by Royal Order, I transmit to Your Excellency for your 
 information, inclosing a copy of the Gaceta in which the said Eoyal 
 Decree is inserted. 
 
 And His Excellency having ordered its execution under date of the 
 7th instant, it is published by his order in the Gaceta Oficial for general 
 information. 
 
 Habana, January 16, 1884. 
 
 The Secretary of the General Government, 
 
 M. DIAZ DE LA QUINTANA. 
 
 (Gaceta, January 4, 1884.) 
 
79 
 
 Under date of the 7th of last January, the Colonial Secretary com- 
 municates to His Excellency the Governor-General the Eoyal Decree, 
 which says: 
 
 YOUR EXCELLENCY: It being just and important that the promotions for service 
 rendered in the Colonies shall always be granted with exactness, and on the dates 
 on which the time is fixed therefor under existing provisions, and that therefore the 
 petition and proceedings shall be commenced and proceeded with before the expira- 
 tion of said time, demanding that the petitions of the Engineers and Assistants of 
 Public Works shall be made at least three or four months in advance, according to 
 whether they serve in the Islands of Cuba and Puerto Rico or in the Philippines; 
 dating back the promotion to the corresponding date of the termination of the 
 period fixed, whenever the proceedings shall not have been concluded; His Majesty 
 the King (whom God preserve) has ordered, as an explanation of the provisions of 
 the Royal Order of September 14th, 1879, that when the regulation time shall approach 
 for the promotion of Engineers and the Assistants of Public Works serving in the 
 Colonies, and who desire to continue their services there, they shall send their peti- 
 tions at least three months in advance, when they reside in the Islands of Cuba and 
 Puerto Rico, and four months if in the Philippines, so that they may decide concern- 
 ing them at the proper time. By Royal Order, I communicate it to you for your 
 information and consequent action. 
 
 And His Excellency having ordered its execution on the 8th instant, 
 it is published by his order in the Gaceta for general information. 
 Habana, February 15, 1884. 
 The Secretary of the General Government, 
 
 MARIANO ARREDONDO. 
 (Gaceta, February 23, 1884.) 
 
 Under date of the 18th of last October, and under number 1545, the 
 Colonial Secretary communicates to His Excellency the Governor- Gen- 
 eral the Eoyal Order, which says : 
 
 YOUR EXCELLENCY : Considering the communications of Your Excellency, num- 
 bered 1454 and 1474 of the 3d and the 5th of last July, respectively, in which Your 
 Excellency informs me of the provisions adopted for the proceedings in matters of 
 Public Works in that Island, and of the personnel of the same Whereas, when 
 the Royal Decree of May 29th of this year was promulgated, suppressing the post 
 of Inspector of Public Works for reasons of economy, it was not the intention of 
 His Majesty's Government to alter the existing organization in the service of 
 Public Works of that Island, as can be proved by no resolution having been taken 
 in the matter, and the Royal Order of the llth of the following June, in which it 
 was commanded that the Chief of the Province of Habana should take charge of 
 the matters entrusted to the Inspection Whereas, the Chief of the service to 
 whom shall be entrusted the dispatch of the matters of the Inspection shall exer- 
 cise de facto the duties which the Royal Decree of the llth of last December and the 
 other provisions in force in this connection assign to the Inspector-General of Pub- 
 lic Works; duties which, according to the Regulations, belong to the Senior Engi- 
 neer of the Corps of Roads of the Island, who is at present the Chief Engineer of 
 the Department of Public Works of the Office of the Secretary of the General Gov- 
 ernment. Whereas, this last position is of an inferior class to that which he now 
 occupies, and besides is incompatible with the duties pertaining to the one in charge 
 
80 
 
 of the Inspection of Public Works; His Majesty, the King (whom God preserve), 
 has seen fit to decree : 
 
 First. That the organization of the service of public works of that Island, as pre- 
 scribed by the Royal Decree of the llth of last December, and the other existing 
 provisions concerning the matter, be declared in force, leaving without eft'ect those 
 issued by that General Government, and of which Your Excellency informs me in 
 his communication of the 5th of last July. 
 
 Second. That the Chief Engineer of the first class of Roads, Canals, and Ports, 
 Jos6 Paz Peraza, be appointed Inspector of the Railways of the West, giving him 
 charge at the same time of the dispatch of matters of the General Inspection of 
 Public Works of the Island. 
 
 Third. That the Chief Engineer of the second class of Roads, Canals, and Ports, 
 Jose" Pujols y Rusell, be appointed Chief of the Department of Public Works of the 
 office of the Secretary of that General Government. I communicate it to Your Excel- 
 lency by Royal Order, for your information and consequent action. 
 
 And His Excellency having ordered its execution on the 8th of this 
 month, I publish it by his order in this way for general information, 
 letting it be known at the same time that, as a result of the Sovereign 
 decision, the Chiefs of this branch in the provinces of the Island shall 
 cease to directly communicate to the Civil Governors of the same, but 
 shall in the future do so in the same form as heretofore, to the General 
 Inspection of Public Works, which is reestablished by the foregoing 
 Koyal Order. 
 
 Habana, November 21, 1884. 
 
 The Secretary pro tempore of the General Government, 
 
 ANTONIO DE CASTILLO. 
 
 (Gaceta, November 25, 1885.) 
 
 Under date of the 12th of August last past and number 1140, the 
 Colonial Department communicates to His Excellency the Governor- 
 General the following Koyal Order : 
 
 YOUR EXCELLENCY: On this date His Royal Majesty the King (whom God pre- 
 serve) has seen fit to issue the following Royal Decree : 
 
 ART. 1. Public works and services connected therewith which are in charge of the 
 General Inspections in Cuba and the Philippines, and of the office of the Chief of 
 Public Works in Puerto Rico, shall be executed, in general, by contract awarded 
 after public bidding in accordance with existing provisions. 
 
 ART. 2. In the cases excepted from the formalities of public bidding by Article 6 
 of the Royal Decree of the 27th of February, 1852, extended to the Colonies by 
 Royal Order of September 29, 1856, and by the 3d of the Instructions of August 25, 
 1858, issued for the Philippines, public works and services included therein shall be 
 contracted for by private contracts or by the agreements provided for by Article 4 
 of said Instructions. 
 
 ART. 3. Works, parts of works, and property which shall have to be constructed 
 or acquired in the Peninsula or in foreign countries to be transported to our Colonies, 
 shall be excepted from the award on public bidding and may be the subject of private 
 contract. Works included in this class, the value of which does not exceed forty 
 thousand pesos for the Philippines and Cuba, and twenty thousand for Puerto Rico, 
 may be contracted for by the respective Governors-General, but they must neces- 
 sarily be made by the Colonial Department whenever they exceed said sums, 
 
81 
 
 ART. 4. There may be executed by the sj'stem of management: 
 
 First. Works and services the value of which does not exceed a thousand pesos, 
 but it shall not be necessary to enter into the,contract for the same by means of any 
 public bidding nor by private contract. 
 
 Second. Those exceeding said sum and included in one of the excepted cases by 
 Article 6 of the Royal Decree of the 27th of February, 1852, and the third of the 
 Instructions of August 25, 1858, above cited; and if it shall not have been possible 
 to enter into a private contract for them after attempting to do so, if, from the 
 reports of the Consulting Boards of Public Works in the Philippines, Cuba, and 
 Puerto Rico, it appears that it is more advantageous to execute them by management 
 than by increasing the prices or changing the conditions in order to again expose 
 them to public bidding. In the last case an attempt shall be made to again make a 
 contract by public biddings, or in default thereof by private contract, before order- 
 ing the execution by management. 
 
 Third. Those which, whatever may be their value, may be declared of the utmost 
 necessity and urgency, by the procedure provided for by existing legislation. 
 
 Fourth. Those which demand especial care from a technical point of view, pro- 
 vided that they are proposed by the respective Consulting Boards. In the cases 
 mentioned, Governors- General shall have the right to order the execution by the 
 management system of the works and services in question, when the estimates do 
 not exceed forty thousand pesos in the Philippines and Cuba and twenty thousand 
 in Puerto Rico. When the work or service has a cost greater than the sums 
 expressed, or should not be included in the third case of this article, its execution 
 by management shall be referred to the Colonial Department. 
 
 ART. 5. The materials or property which are used in the work, the execution of 
 which is ordered by the management system, may also be acquired by management. 
 When it is considered advisable to begin the contracting of any or some of said 
 materials or property by public bids or by private contract, it shall be thus expressly 
 determined when the execution of the works is authorized by the proper person. 
 
 ART. 6. For the purchase of materials or property necessary for the works which 
 shall be made by management, and for the repairs of those already constructed, the 
 Engineers in charge of the works may dispose of an amount not exceeding five 
 hundred pesos; and with the authorization of the Inspector- General of Public 
 Works in Cuba and the Philippines or of the Chief Engineer of the province of 
 Puerto Rico, when the amount exceeds this sum up to one thousand pesos. When 
 the amount of any material or property should enter into consideration in some 
 work of a value greater than this, its purchase or construction or extraction by 
 management shall be authorized, and the authorization of this greater sum shall be 
 given by the Governors-General. 
 
 ART. 7. The provisions of this decree include public works and service related 
 thereto, whatever may be the source of the funds with which they are paid. 
 
 ART. 8. Governors-General shall make a report to the Colonial Department of the 
 contract, by public bids or by private agreement, of all works or services the cost of 
 which exceeds a thousand pesos, and the authorizations for the execution by man- 
 agement or for the purchase of materials and property which exceed said sum. 
 
 ART. 9. All the previous provisions which are changed by this decree are hereby 
 repealed. All of which by Royal Order I communicate to Your Excellency, for your 
 information and consequent action. 
 
 And its execution having been ordered by His Excellency, under date 
 of the 7th instant, by his order it is published in the Gaceta for general 
 information. 
 
 Habana, September 9, 1885. 
 The Secretary of the General Government, 
 
 H. E. DE REGUENGA. 
 (daceta, September 15, 1885.) 
 21634 6 
 
 
82 
 
 Under date of August 12 last past and No. 1143, the Colonial Depart- 
 ment communicates to His Excellency the Governor- General the fol- 
 lowing Eoyal Order: 
 
 YOUR EXCELLENCY: Under this date His Royal Majesty the King (whom God 
 preserve) has deemed proper to issue the following decree: 
 
 ART. 1. The Governors-General of the Philippines, Cuba, and Puerto Rico may 
 approve the projects of all kinds of services and public works, whether new, or of 
 preservation, or of repair, the estimates of which do not exceed 40,000 pesos in the 
 first-mentioned cases and 20,000 in the last, providing that their decisions are in 
 accord with the reports of the General Inspections and of the office of the Chief of 
 Public Works, respectively, or of the respective Consulting Boards, or with the 
 Councils of Administration in the cases when it is proper to hear them. 
 
 ART. 2. Whenever the said resolution is not had, or when the estimates exceed 
 said amounts, the proceedings shall be sent for the decision of the Government, 
 Bending duplicates of the documents which form the projects. 
 
 ART. 3. There shall also be sent, within thirty days, copies of the proceedings and 
 projects which are approved in accordance with the provisions of Article 1. 
 
 ART. 4. The Governors-General of the said provinces may decide by themselves on 
 the execution of the services and public works, the projects of which may have been 
 approved, providing that their cost does not exceed the sums respectively estab- 
 lished by Article 1, when there is a credit in the existing budgets for the payment 
 of the work referred to, reporting to the Government all the decisions which shall 
 be made, from the commencement to the termination of the work and the service, 
 their acceptance, and the liquidations when once approved. 
 
 ART. 5. If there should be no credits sufficient in the budgets, or when the work 
 or service should exceed the amounts referred to, the Government shall be consulted 
 in regard to its execution, the system of management or that of contract by public 
 bids being proposed, sending in the latter case the articles of economic conditions 
 and the other necessary documents, and in due time report thereof shall be made, as 
 also of the beginning and the termination of the work, sending the approval of the 
 memoranda of acceptance and liquidation. 
 
 ART. 6. The Governors-General of the Philippines, Cuba, and Puerto Rico may 
 advance the authorization for the approval of public works and for the con- 
 struction of works destined for private service, the concession of which, according 
 to the Law of Waters of the 3d of August, 1866, in force in the Colonies, pertains to 
 the Government, whenever they may do so in accordance with the report of the 
 General Inspection and of the Consulting Boards in the Philippines and Cuba, and 
 of the office of the Chief of Public Works and the Consulting Board in Puerto Rico, 
 and in accordance also with the reports of the respective Councils of Administra- 
 tion, when these should be heard, necessarily sending by the first mail the complete 
 proceedings to the Government, which shall continue the proceedings, reserving 
 the right to decide them finally and to grant the concession prayed for, when this 
 shall be proper. 
 
 ART. 7. In no case may Governors-General advance the authorization referred to 
 in the previous article, before the proceedings prescribed by the Law of Waters in 
 force shall have been completely terminated in the respective General Government, 
 ready to be sent by the first mail for superior decision. 
 
 ART. 8. When the resolution to which Article 5 refers is not adopted, Governors- 
 General can not advance the authorization either to effect the use prayed for, or to 
 undertake the projected works, being compelled to wait for the decision of the 
 respective proceedings by the Government. 
 
 ART. 9. For the application of this decree, by public works shall be understood 
 all those which in the Philippines and Cuba are in charge of the respective General 
 Inspections, and of the office of the Chief of Public Works in Puerto Rico. 
 
83 
 
 ART. 10. The provisions of this decree are understood without prejudice to the 
 powers which existing legislation grants to superior Authorities of the Colonies in 
 grave and urgent cases and in those of absolute necessity, demonstrated in the man- 
 ner provided for. Their decisions in these matters shall be communicated to the 
 Government as soon as possible for the final decision which may be proper. 
 
 ART. 11. The General Laws of Public Works of Cuba and Puerto Rico, the respec- 
 tive regulations for their application, that of May 21, 1868, reorganizing the service 
 of public works in the Philippines, and the law of Waters of August 3, 1866, shall 
 be understood to be changed in those parts which are in conflict with the provisions 
 of this decree. 
 
 ART. 12. The Cortes shall be informed of this decree. All of which by Royal 
 Order I communicate to Your Excellency for your information and consequent action. 
 
 And its execution having been ordered by His Excellency, under date 
 of the 7th instant, by his order it is published for general information. 
 Habana, September 9, 1885. 
 The Secretary of the General Government, 
 
 H. E. DB KEGUENGA. 
 (Gaceta, September 19, 1885.) 
 
 Under date of August 2 last past and number 873, the Colonial 
 Department communicates to His Excellency the Governor-General 
 the following Royal Order: 
 
 YOUR EXCELLENCY : The King (whom God preserve) and in his name the Queen 
 Regent of the Realm, has seen fit to issue under this date the following Royal 
 Decree: In view of the proceedings begun in the Island of Cuba, relating to the 
 convenience referred to for the study and construction of the highroad of Victoria 
 de las Tunas to Puerto Padre, at the first point of Manati which is shown in the 
 second place in the plan of highroads of that Island, which was published in the 
 Gaceta of Madrid November 23, 1883 : In view of the proceedings established therein 
 and the reports sent concerning the said highroad, as well in the Island of Cuba as 
 by the Consulting Board of Roads, Canals, and Ports, keeping in mind the resolu- 
 tions concerning said plan by the Colonial Department and by the Council of Minis- 
 ters, from whose decision at appears that the highway of Victoria de las Tunas to 
 Manati was substituted by that of Victoria de las Tunas to Puerto Padre, and only 
 by material error the first instead of the second was put in the second place on 
 drafting the Royal Decree of November 23, 1883; and in view of the report which 
 has recently been published by the Consulting Board of Roads, Canals, and Ports 
 concerning the proceedings recently sent by the Governor-General of the Island of 
 Cuba concerning this matter, and on the proposal of the Colonial Department ; in 
 the name of my August Son the King, Don Alfonso XIII, and as Queen Regent of the 
 Realm, I hereby decree as follows : 
 
 ART. 1. The general plan of highroads which shall be followed in the Island of 
 Cuba, for the purposes of Article 4 of the law ordered to be enforced by Royal Decree 
 of June 1, 1883, includes the following : 
 
 First, from Holguin to Gibara; second, from Victoria de las Tunas to Puerto Padre; 
 third, from Bayamo to Manzanillo; fourth, from Santa Catalina de Guaso to the 
 port of Ta"namo, through Sagua de Ta"namo; fifth, from Victoria de las Tunas to Hol- 
 guin; sixth, from Holguin to Jiguanf, through Cacocun; seventh, from Puerto Prin- 
 cipe to Santa Cruz; eighth, from Santa Cruz to Sancti Spiritus, through Jiquimas, 
 Giiinia de Santo Fernandez (railroad station of Trinidad), and Banao ; ninth, from 
 De la de Guanay to Mariel, to Cabanas; tenth, from Bahia Honda to the land- 
 ing place of Sabanalamar, through San Crist6bal; eleventh, from Holguin to Sa- 
 banilla (railroad station of Cuba), through Tacamaro and Mayarf ; twelfth, from 
 
84 
 
 Pinar del Rio to the landing place of San Cayetano, through Rio Honda and Conso- 
 lacidn del Norte; thirteenth, from Pinar del Rio to the landing place of Bailcn, 
 through San Juan and Galafre ; fourteenth, from the landing place of Baile"n to those 
 of Arroyos, through Guane and Mantua; fifteenth, from Santa Catalina de Guaso to 
 Baracoa; sixteenth, from Cabanas to Bahia Honda, through San Diego fie Nunez; 
 seventeenth, from Cienfuegos to Trinidad, through Arimao, Gavilan, and Cabaiguan. 
 
 Highroads which are of interest to the defense of the territory: First, from San- 
 tiago de Cuba to Vicana, through El Cobre, Guisa, and Zarzal ; second, from Puerto 
 Principe to La Guanaja; third, from San Geronimo to Vertieutes; fourth, from Bahia 
 Honda to Mantua. 
 
 ART. 2. The highroads included in each one of the two groups should be studied 
 and constructed in the order in which they are set forth in the order. 
 
 ART. 3. The study and construction of highroads shall be suspended, the line of 
 which shall have to follow the direction of a railroad which is in course of construc- 
 tion. All of which by Royal Decree I communicate to Your Excellency as a decision 
 of the proceedings which you were pleased to send to this office, number 613, of the 
 22d of March, relative to the advisability of giving preference for the study and 
 construction to the highroad from Victoria de las Tunas to Puerto Padre, to that of 
 the first Port to Manati of this Island, which Royal Decree should be inserted in the 
 official Gazette of the said Island. 
 
 And its execution having been ordered by His Excellency under date 
 of August 25 last past, by Royal Decree it is published in the Gaceta 
 for general information. 
 
 Habana, September 8, 1887. 
 
 JOSE PUJALS. 
 
 (Gaceta, September 17, 1887.) 
 
 His Excellency the Colonial Secretary, communicates to this General 
 Government under date of the 27th ultimo the following order number 
 655: 
 
 YOUR EXCELLENCY : The application to the projects and construction of the works 
 which may be therein executed of the new articles of general conditions for the 
 contracting of the same, approved by Royal Decree of the Secretary of the Interior 
 of June llth, 1886, and of the formulae for the drafting of projects of highroads, in 
 the part applicable, approved by Royal Orders of June 26th and of August 24th of 
 the same year, in force in the Peninsula, the application of which is proposed to 
 public works of the Philippines by the Consulting Board of Roads, Canals, and 
 Ports, being convenient and beneficial for the better service of public works in this 
 Island; in conformity with said proposal, the King (whom God preserve) and in his 
 name the Queen Regent of the Kingdom, has been pleased to order that the articles 
 of general conditions for the contracting of said works and the formulae for the 
 drafting of projects of highroads, approved by the Royal Orders above cited, be 
 extended to this Island and to public works of all kinds which may be projected or 
 constructed in the future ; for which purpose there are sent to Your Excellency the 
 annexed eight copies of said documents, destined for the Offices of Public Works ol 
 these Provinces. 
 
 And its execution being resolved upon by His Excellency under date 
 of the 26th of last month, by his order it is published in the Gaceta for 
 general information. 
 
 Habana, June 4, 1888. 
 
 A. DE QUINTANA. 
 
 (Gaceta, June 9, 1888.) 
 
ARTICLES OF GENERAL CONDITIONS FOR THE CON- 
 TRACTING OF PUBLIC WORKS. 
 
 [Approved by Royal Decree of June 11, 1886; extended to this Island by Royal Order of April 27, 1888.] 
 
 CHAPTER I. 
 
 GENERAL PROVISIONS. 
 
 ARTICLE 1. Contractors of public works may be Spaniards or for- 
 eigners who are possessed of civil rights, in accordance with the laws 
 of their respective nationality, and partnerships and companies legally 
 constituted or recognized in Spain. There are excepted 
 
 First. Those who have been criminally prosecuted, if any of them 
 shall have been condemned to prison ; 
 
 Second. Those who have failed in business, either by suspending 
 payments or having their property attached; and 
 
 Third. Those who are shown to be debtors to the public funds in 
 the capacity of taxpayers. 
 
 ART. 2. The person to whom the execution of a work or service for 
 the same has been awarded, shall deposit, as a guaranty, the amount 
 prescribed by the articles of particular conditions which may have 
 served as the basis for the award. This deposit shall be made in the 
 place and within the time designated by the said articles of condition. 
 
 ART. 3. The time fixed in the previous article shall not exceed thirty 
 days, and within it there shall be presented by the person to whom 
 the contract is awarded, the receipt which shows that he has effected 
 the guaranty referred to in the same article. In case of failure to do 
 so there shall, without any further proceedings, be a declaration of the 
 invalidity of the award, and the person to whom the award was made 
 shall forfeit the provisional deposit which may have been made in order 
 to take part in the public bids. 
 
 ART. 4. Every contract for the execution of public works shall be 
 made by a public instrument, which shall contain the beginning and 
 the ending and the forms prescribed by existing legislation. 
 
 The body of the said instrument shall consist of: So much of the 
 memorandum of bidding as refers to the proposal at the public sale, or 
 rather the one which is declared the most advantageous; the order of 
 award ; an exact copy of the receipt referred to in the preceding article, 
 and the addition of a clause or condition stating in absolute terms that 
 
the contractor obligates himself for the exact fulfillment of the contract, 
 in conformity with the provisions of these articles of general condi- 
 tions, of the particular conditions, of the technical conditions of the 
 project, and of the plans and estimate. Previously to the execution of 
 the instrument, the contractor shall have signed, at the foot of said 
 articles of particular and technical conditions and of the plans and of 
 the estimate, his agreement thereto. 
 
 ART. 5. The contractor has the right to obtain copies, at his own 
 cost, of the plans, estimate, and articles of conditions of the project. 
 The engineers, if the contractor so requests, shall certify these copies 
 after they have been compared. 
 
 ART. 6. Contractors are obligated to submit the decision of all ques- 
 tions arising with the Administration which might affect their contracts, 
 to the Administrative Authorities and Tribunals in accordance with 
 the Law of Public Works, renouncing the rights of common law, and 
 to the privileges of domicile. 
 
 ART. 7. These articles of conditions shall control in all matters which 
 are not modified by the particular conditions of each contract. 
 
 CHAPTER II. 
 
 EXECUTION OF THE WORK. 
 
 ART. 8. The Engineer or the person charged with the inspection and 
 supervision of the works shall go over on the ground, in the presence 
 of the contractor, the line and survey of the same made before the pub- 
 lic bidding or award, drawing a duplicate memorandum, which shall be 
 signed by the Engineer and the contractor, showing that the survey is 
 made in accordance with the approved project. This shall be accom- 
 panied with the plans and longitudinal and transverse profiles which 
 may be judged necessary, in accordance with the character and circum- 
 stances of the land and of the work, also signed by the Engineer and 
 by the contractor. One of these copies of the memorandum shall be 
 annexed to the contract records and the other shall be delivered to the 
 contractor, sending a copy thereof to the General Direction. 
 
 In case differences arise between the project and the comparison with 
 the survey, the memorandum shall set them forth, and they shall also 
 be noted on the plans and the proper profiles; all proceedings being 
 suspended until the decision by the superior Authority, to whose knowl- 
 edge the matter shall immediately be brought. 
 
 The expenses of the comparison of the general survey, as well as the 
 making of partial comparisons on the ground demanded in the course 
 of the work, shall be at the expense of the contractor. 
 
 ART. 9. The acquisition of lands occupied by the work is at the 
 expense of the State ; but the contractor shall be obligated to pay its 
 value, for which he shall be reimbursed by means of certificates issued 
 by the Chief Engineer of the province, with a credit of 1 per cent by 
 reason of the advance of the money. 
 
87 
 
 ART. 10. The contractor shall begin the work within the time set 
 forth in the particular conditions of the contract; he shall so carry 
 them on, that within the various times set forth therein the corre- 
 sponding part shall be executed, and shall finish them within the time 
 fixed. In the execution, so far as the results of the plans and profiles 
 of the project or of the survey which shall have been officially author- 
 ized are concerned, the provisions of the technical conditions and of the 
 orders or instructions given by the Engineer, or by the subordinates 
 directly charged with the inspection, shall be followed. The contractor 
 may demand that these instructions or orders shall always be given, 
 and this shall always be necessary when the technical conditions or the 
 indications of the plans are attempted to be explained, interpreted, or 
 modified. The contractor shall have, in all cases, a right to com- 
 plain of the directions given by subordinates, to the Engineer, and of 
 those given by the latter to the Engineer in Chief, who shall decide 
 according to their judgment of what may be deemed just and proper. 
 
 ART. 11. If in any case whatsoever, independently of the will of the 
 contractor, the latter can not commence the works within the time fixed, 
 or shall have to suspend them, an extension shall be granted for a time 
 sufficient for the fulfillment of the contract. 
 
 ART. 12. From the time the works are begun until their final accept- 
 ance, the contractor, or his duly authorized representative, shall reside at 
 a place near the works, and he can not absent himself therefrom with- 
 out notifying the Engineer and leaving a substitute to give orders, 
 make payments, continue the works, and receive the orders which may 
 be communicated to him. When this provision is violated, all the 
 notices which are made in the office of the Alcalde of the town of his 
 official residence, shall be considered valid. 
 
 ART. 13. The contractor, personally or by means of his agents, shall 
 accompany the Engineers in the visits which the latter make to the 
 works whenever they may so demand. He shall see to it, in the same 
 manner, that the proprietors or cultivators of the neighboring lands 
 do not infringe with their labors on the zone devoted to the execution 
 of the works, and that they do not deposit therein material of any 
 kind, immediately notifying the Engineer of any infraction of these 
 rules which may be observed. 
 
 ART. 14. The contractor can not refuse to admit the Engineers, 
 Assistants, or Overseers in charge of the inspection of the work, nor 
 demand that, on the part of the Administration, other experts be 
 assigned for the inspection and measurements. If he believes himself 
 to be prejudiced by the results of these inspections and measurements 
 he shall proceed as indicated in Article 10, giving the reasons of his 
 complaint and the grounds therefor to the Chief Engineer, who shall 
 either himself decide or report to the Government ; but in neither case 
 shall the progress of the works be interrupted or disturbed for this 
 reason. 
 
88 
 
 ART. 15. The number of laborers for the auxiliary measures neces- 
 sary for the execution of the works shall always be in proportion to the 
 extent and nature of those which have to be executed ; and in order 
 that the Engineer may be sure of the fulfillment of this condition, the 
 contractor shall always give an account thereof when it is demanded. 
 
 ART. 16. The contractor shall insure the lives of the laborers against 
 all the accidents which may result from the work or be connected 
 therewith. Those of the General Direction shall except those which 
 may be declared to be imputable to the injured laborer by reason 01 
 his ignorance, negligence, or temerity. 
 
 The contractor shall make the insurance referred to in the preceding 
 condition in the manner in which he may deem it convenient and under 
 his responsibility, on the basis that, in case of the permanent injury 
 of the laborer, or of his death, the latter or his family shall receive an 
 amount equal to the pay for 500 working days; and in case of tem- 
 porary injury the contractor shall pay him for the working days until 
 eight days after his recovery, in case he does not again admit him to 
 his employ, and only to the day of his recovery, if he returns to his 
 employ. 
 
 The provisions of this condition govern in case that the laborer or 
 his family renounces any other action for the payment of damages or 
 injuries which they may have against the contractor. 
 
 ART. 17. For the lack of respect and obedience to the Engineers and 
 subordinates in charge of the inspection of the works, or for conduct 
 which compromises or disturbs the progress of the work, the contractor 
 shall be obliged to dismiss his employees and laborers when the Engi- 
 neer so demands, without prejudice to complaining to the Chief Engi- 
 neer, in case no justifiable reason for the order is believed to exist. 
 
 ART. 18. The contractor shall be obliged to indemnify property own- 
 ers for all damage which may be caused by the execution of the 
 works, whether by the quarrying, by the removal of the ground for the 
 building of embankments, or the occupation of the land for the forma- 
 tion of supports, and in order to accommodate shops and materials ; by 
 the working of roads for their transportation, and by the other opera- 
 tions which may be required in the course of the execution of the work. 
 
 The contractor shall fulfill the requisites prescribed by the provi- 
 sions in force concerning this matter, unless an amicable arrangement 
 is reached with the property owners concerning the appraisal and 
 payment of the damages which may have been caused, in which case 
 there shall be exhibited, whenever required, the agreement which may 
 have been entered into between them. 
 
 ART. 19. The contractors may take and use the materials found in 
 State lands or on the commons of the towns without paying indemnity 
 of any kind, but subject to the police regulations which may be estab- 
 lished for this purpose by those in charge of the administration and 
 surveillance of said lands, who must be given previous notice, always 
 respecting and replacing existing servitudes, as well as adopting the 
 
89 
 
 proper measures in order not to disturb the free and safe use of said 
 lands. 
 
 ART. 20. The contractor shall not under any pretext whatsoever 
 construct any work other than in strict accordance with the project 
 which may have served as the basis for the contract, otherwise he shall 
 have no right to payment for the works executed in violation of this 
 article, unless he proves, by presenting the written order of the 
 Engineer, that the latter has allowed him to carry them out; in which 
 case he shall be paid in accordance with the prices of the contract. 
 
 ART. 21. The contractor shall have permission to take material of 
 all kinds from the places that he may deem convenient, always provid- 
 ing that they fulfill the conditions of the contract, are perfectly suit- 
 able for the object to which they are applied, and are employed in the 
 works in conformity with the rules of construction. 
 
 ART. 22. Materials shall not be employed until they have been 
 examined and accepted, in the manner and form prescribed by the 
 Engineer. 
 
 ART. 23. When the excavations produce material which is not util- 
 ized by the contractor in the works of his contract and which can be 
 utilized in any other work of the State, the contractor shall be obliged 
 to pile them up at places near the place of extraction and in the man- 
 ner prescribed by the Engineer, the expenses of the piling up being 
 paid for. 
 
 ART. 24. When the materials are not of good quality, or are not 
 well prepared, the Engineer shall order the contractor to replace 
 them at his own cost with others conforming to the conditions. If he 
 refuses to do so, the Engineer shall make a statement of the defects 
 which they may have and shall send it to the contractor, who in his 
 turn shall state the reasons existing for his refusal to agree with the 
 orders of the Engineer, and the whole matter shall be brought to the 
 attention of the immediate superior for the determination which may 
 be deemed just. 
 
 If the circumstances or the condition of the work shall not permit 
 awaiting this decision, the Engineer shall have the right to impose on 
 the contractor the employment of the material which he shall deem best, 
 in order to avoid the damages which might result from the stoppage of 
 the work, the contractor having the right to indemnity for the damages 
 which may have been caused him in case the superior Authority shall 
 not approve the decision made by the Engineer. 
 
 ART. 25. Until the final acceptance shall take place, the contractor 
 is alone responsible for the execution of the works which may have 
 been contracted for, and for the defects in the same which may be noted ; 
 but he shall not be excused or have any right whatever from the fact 
 that the Engineer or his subordinate shall have examined and gone 
 over the work in the course of its construction. As a result, and when 
 the Engineers notice errors or defects in the constructions, whether 
 in the course of the execution or whether after their conclusion and 
 
90 
 
 before their final acceptance, they may order that the defective parts 
 be demolished and reconstructed by the contractor at his own cost. If 
 the contractor should not deem this decision just, or should refuse to 
 demolish and reconstruct as ordered, proceedings similar to those set 
 forth in the preceding article shall be observed. 
 
 ART. 26. If the Engineer should find good reasons to believe the 
 existence of hidden errors of construction in the executed works, he 
 may order, at any time before the final acceptance, the demolition of 
 such as may be necessary to ascertain those which are supposedly 
 defective. The expenses of demolition and reconstruction which may 
 be occasioned shall be paid by the contractor, provided that the errors 
 really existed; otherwise they shall be paid by the Administration. 
 
 ART. 27. There shall be at the cost and risk of the contractor, the 
 scaffolds, frames, apparatus and other auxiliary means of construction, 
 observing, nevertheless, the precautions which the Engineer may deem 
 convenient to establish for the greater safety of the laborers. 
 
 All the auxiliary means shall remain the property of the contractor 
 on the conclusion of the works, providing the contrary is not agreed 
 on in the particular conditions, no claim whatsoever being founded on 
 the inefficiency of said means, or when they shall be specified in the 
 estimate, or when they shall have been separately stated in the esti- 
 mate or estimated all together. 
 
 ART. 28. No inscription whatever may be placed on the works with- 
 out the authority of the Government. 
 
 ART. 29. The Government reserves the ownership of antiquities, 
 objects of art, and mineral substances which may be utilized for public 
 instruction which may be found in the excavations or demolitions. 
 The contractor shall be obliged to employ, in order to extract them, all 
 the precautions suggested to him by the Engineer, with the right, how- 
 ever, to indemnity for the expense which this work may occasion him. 
 
 If in the course of the construction of the work,' or in consequence 
 thereof, there should appear on the surface running water or currents 
 of water, they shall also be the property of the Government; but the 
 contractor may have the right to use them in the course of construction 
 and for consumption by the laborers during the period of his contract. 
 
 CHAPTER III. 
 
 ECONOMIC CONDITIONS. 
 
 ART. 30. The contractor shall be paid for the work actually executed 
 in accordance with the approved project or the modifications introduced 
 therein, or the orders which may have been communicated to him in 
 writing, providing that the technical conditions are always carried out, 
 in accordance with which the measurement and valuation of the vari- 
 ous units shall be made. Consequently the amount of each kind of 
 work provided for in the estimate shall not serve as the basis for the 
 establishment of any kind of claim, except as expressed in article 49. 
 
91 
 
 ART. 31. When the contractor shall voluntarily employ, with the 
 authorization of the Engineer, materials of greater dimensions than 
 those set forth by the particular conditions, he shall only have a 
 right to payment for the work which results from the cubic measure- 
 ment made in accordance with the project, applying the prices of the 
 contract. If the dimensions should be less, and nevertheless declared 
 admissible, the payment shall be made according to the results of the 
 cubic measurement. 
 
 The payment shall be made by reason of the augmentation of dimen- 
 sions of materials whenever the Engineer may have in writing so 
 ordered the contractor to use them. 
 
 ART. 32. The amounts calculated for accessory works, although 
 appearing in a single amount in the general estimate, shall not be paid 
 except at the prices and under the conditions of the contract, in 
 accordance with the particular projects which may have been drawn 
 therefor, or, in default of such, in accordance with the results of the 
 final measurements. 
 
 In the same manner the extraction of rubbish and fragments which 
 might result during the period of guaranty shall be paid for. 
 
 ART. 33. There shall be paid absolutely, but with the reduction made 
 on the bidding, the determined amounts set forth in the estimate for 
 auxiliary means of the execution and for the drainage, as well as for 
 the indemnity for loss and damage occasioned by transit, use of pro- 
 visional rates, alteration of drains, and similar works which do not 
 form an integral part of the contract. 
 
 In the same way, the determined amounts for the preservation of the 
 earthworks and constructions, and the work done by manual labor nec- 
 essary for the preservation of the bed of the highroads, shall be paid 
 for, whenever the time during which the preservation is charged to the 
 contractor shall be fixed in the conditions. Whenever it is reduced, a 
 proportionate deduction shall be made, and whenever it is augmented 
 without fault of the contractor, there shall be paid, besides, a propor- 
 tionate part for the excessive time. 
 
 In cases in which all or part of the preceding amounts do not appear 
 in the estimate, it shall be understood that the expenses occasioned by 
 those operations shall be included in the prices of the units of work 
 provided by the estimate. 
 
 ART. 34. The payments shall be made at the times fixed by the par- 
 ticular conditions of the contract, by means of warrants issued by vir- 
 tue of the certificates of work given by the Engineer. The warrants, 
 or their amounts, shall be necessarily delivered to the contractor in 
 whose favor the award of the bid of the works has been made or to a 
 person legally authorized by him, and never to any other person, 
 although warrants or letters requisitorial be issued by any Authority 
 or Court for their retention, since public funds devoted to the payment 
 of laborers or for their security are in question and not obligations of 
 private interest to the contractor. Only the balance which may remain 
 
92 
 
 after the final acceptance of the work in accordance with the condi- 
 tions, and the guaranty, if it should not necessarily have to be retained 
 for the fulfillment of the contract, shall be subject to the attachment 
 decree by said Authorities or Courts. 
 
 ART. 35. Certificates of work shall be given at the times fixed in the 
 articles of economic conditions of the contract, having the character of 
 provisional documents of account, subject to the corrections and modi- 
 fications which may result from the final liquidation. 
 
 In order to make these certificates the elemental process which have 
 served as the basis of calculating the average price of each unit of work 
 shall be applied, bearing in mind the reduction which may have been 
 the result of the public bidding, the Engineer having the power on 
 granting the certificates to deduct as much as 20 per cent of the amount 
 of the valuation thus made, whenever special and justifiable circum- 
 stances which must be set forth, advise the making of this reduction. 
 
 ART. 36. The certificates shall include three-quarters of the value 
 of the materials when they shall have been actually used in the work 
 according to their valuation made by the Engineer, keeping in mind 
 this payment in order to deduct it from the total amount of the works 
 constructed with such materials. 
 
 ART. 37. Whenever drainage may be necessary which, because of 
 the circumstances, is not at the expense of the contractor, the latter 
 shall be obliged to pay the expenses of all kinds which may be occa- 
 sioned, which shall be repaid to him by the Administration apart from 
 the contract. For this purpose payment shall be made in the presence 
 of a person designated by the Engineer, who shall draw the lists which, 
 attached to the receipts, shall serve as documents proving the accounts, 
 which shall be stamped with the approval of the Engineer. 
 
 Besides the monthly repayment of these expenses to the contractor, 
 he shall be paid 1 per cent of their amount as interest on the money 
 which he has advanced and remuneration for the work and labor which 
 he may have had to perform. 
 
 ART. 38. If the Government should not make payment for the exe 
 cuted work within the two months following that in which the cer- 
 tificates were given by the Engineer, the contractor shall be paid, from 
 the day on which said period of two months terminated, interest at the 
 rate of 6 per cent annually on the amount of said certificates. 
 
 If two additional months have passed without the payment having 
 been made, the contractor shall have a right to the rescission of the con- 
 tract, the effects thereof being those stated in Article 54, and the corre- 
 sponding limitation of the executed works and materials used shall 
 follow. The petition for the rescission of the contract based on this 
 delay in payments shall not be acted on unless the contractor proves 
 that at the time of his statement he has invested in the works and in 
 the materials furnished, the part of the estimate corresponding to the 
 time of execution which may have been fixed by the contract, and shall 
 
93 
 
 prove that at the proper time he has taken the necessary steps to col- 
 lect the amount of the warrants issued in his favor without having 
 succeeded in doing so. 
 
 ART. 39. In no case may the contractor alleging delay in payments 
 suspend the works nor reduce them to a lower scale than that which 
 proportionately is proper according to the time at which they are to be 
 finished. When this happens, the Administration may carry out the 
 provisions of Articles 55 and 56. 
 
 ART. 40. The contractor shall have no right to indemnity by reason 
 of losses, damages, or injuries occasioned to the works, except in cases 
 of force niajeure. For the purposes of this article, the following only 
 shall be considered as such : 
 
 First. Destruction by fire caused by electricity in the atmosphere. 
 
 Second. Damages produced by earthquakes. 
 
 Third. Those resulting from the movements of the land on which the 
 works are constructed ; and, 
 
 Fourth. Destruction occasioned by violence with armed hand in 
 times of war, public sedition, or robbery by mobs. 
 
 In order to claim and obtain in a proper case the payment of the 
 damages, the contractor shall follow the provisions of Articles 2, 3, 4, 
 and 5 of the Eegulations of June 17, 1868. 
 
 ART. 41. The contractor may not, under any pretext or error or 
 omission, claim an increase in the prices fixed by the general terms 
 accompanying the estimate. 
 
 Neither shall any claim whatsoever be admitted which is founded on 
 statements made in the memorial concerning the works, their prices, 
 and the other details of the project, alleging that such document is not 
 the one which serves as the basis for the contract. The material errors 
 which the estimate may contain, either by reason of variation in prices 
 differing from those of the list or from error in the amounts of the 
 work or its value, shall be corrected at anytime they may be observed ; 
 but shall not be taken into account for the purposes indicated by arti- 
 cle 49, except when a claim may have been established thereon within 
 the period of four mouths, counting from the day of the award. 
 
 The material errors shall not change the proportional reduction 
 made in the contract in connection with the amount which in the esti- 
 mate has served as the basis for the same, but it shall always be fixed 
 according to the relation between the amounts of said estimate (before 
 the corrections) and the amount offered. 
 
 ART. 42. In no case may the contractor allege uses and customs of 
 the country concerning the application of prices or measurement of the 
 works when in conflict to the present articles of conditions or to the 
 particular ones of the contract. 
 
94 
 
 CHAPTER IV. 
 
 MODIFICATIONS OF THE PROJECT. 
 
 ART. 43. If, before the granting of the works or during their con- 
 struction, the Administration should resolve* to execute on its own 
 account part of those included in the contract, or should decide to 
 introduce into the project modifications which produce an increase or a 
 reduction or even a suppression of amounts of work provided for in 
 the estimate, or the substitution of one class of construction by 
 another, provided always that they be of those included in the con- 
 tract, these decisions shall be obligatory on the contractor, without the 
 latter having any right, in case of suppression or reduction of the 
 works, to claim any indemnity on account of the pretended benefits 
 which he might have been able to obtain on the part of the works 
 reduced or suppressed. 
 
 ART. 44. If, in order to carry out the modifications referred to in the 
 preceding article, the Administration should deem it necessary to sus- 
 pend the whole or a part of the works contracted for, the proper order 
 in writing shall be sent to the contractor, and the measurement of the 
 executed work shall be proceeded with in that part which is included 
 in the suspension, a memorandum of the result being drawn. 
 
 ART. 45. Whenever, even when not stipulated in the particular con- 
 ditions of the contract, it may be deemed convenient to employ material 
 belonging to the State, the contractor shall only be paid the cost of 
 the transportation and >f the labor in accordance with the elemental 
 prices; and if it should not be contained in this list, without any right 
 to claim indemnity of any kind, unless there have already been fur- 
 nished the materials contracted for. This alteration shall be considered 
 a modification of the project for the purposes of article 49. 
 
 ART. 46. When it is deemed necessary to employ materials or to exe- 
 cute works which shall not appear in the estimate of the contract, their 
 value shall be appraised at the prices assigned to other similar works 
 or materials, if there should be any, and if not, shall be discussed by 
 the Engineer and the contractor, and submitted to the superior Author- 
 ity, if an agreement should be reached. 
 
 The new prices, agreed on in one way or another, shall be subject 
 always to the corresponding reduction which may have been obtained 
 on the public bidding. 
 
 When the employment of the materials or the execution of the works 
 in question shall be proceeded with without previous approval of the 
 superior of the prices which shall be applied to them, it shall be under- 
 stood that the contractor renounces his rights and agrees with those 
 fixed by the Administration. 
 
 When there shall be no agreement as to the fixing of these prices 
 between the Administration and the contractor, the latter shall be 
 
95 
 
 relieved from the construction of the part of the work in question 
 without right to indemnity of any kind, being paid, nevertheless, for the 
 materials which may have been used and which may have remained 
 unemployed by reason of the change introduced. 
 
 ART. 47. When the contract includes some works which are of such 
 nature that, calculating by a determined amount in the estimate, no 
 definite project can be made by measurement because of the circum- 
 stances, there shall be applied to these works the provisions determined 
 by articles 43 and 49 concerning modifications of projects. 
 
 CHAPTER Y. 
 
 OASES OF RESCISSION. 
 
 ART. 48. In case of the death of the contractor, the contract shall be 
 considered rescinded, unless the heirs offer to carry it out under the 
 conditions stipulated in the same. The Government may accept or 
 refuse the offer, without giving to them any right whatever to indem- 
 nification, although there shall be the right for the State to acquire, 
 after an appraisement, the tools, utensils, and property used for the 
 works which may be indispensable for their completion. 
 
 ART. 49. When the modifications which are mentioned in Articles 43 
 and 45 alter the estimate of the contract in such a manner that the 
 total amount shows a difference of a fifth, more or less, the contractor 
 shall have the right to rescission and to payment for the materials 
 which he may have on hand and which remain unused, according to 
 the prices of the special list. In order to fix this difference all the 
 alterations introduced into the estimate shall be added, though some 
 be for excess and others for deficit. 
 
 The contractor shall have the same right when alterations arise on 
 account of error in the material referred to in Article 41, provided that 
 a claim has been based thereon within the time specified by said article, 
 or when the difference arises between the detailed estimate of the works 
 referred to in Article 47 and the agreed amount stated in the general 
 estimate of the works. 
 
 When two or more of the reasons stated in this article appear, their 
 results may be accumulated in order to serve as a foundation for the 
 right of rescission. 
 
 ART. 50. When the works can not be begun because of reasons inde- 
 pendent of the will of the contractor, or when the Government decides 
 that the works, after being commenced, shall cease or be indefinitely 
 suspended, the contractor shall have the right of rescission; in the 
 proper case there shall follow the provisional acceptance of the executed 
 works, and the final acceptance when the term of the guarantee shall 
 have expired. 
 
 ART. 51. If the time specified for the execution of the works shall 
 have arrived without the suspension referred to in Article 44 having 
 
96 
 
 been raised, the contractor shall have the right of rescission, and there 
 shall immediately follow the provisional acceptance of the executed 
 works, and the final acceptance, when the time of guaranty shall have 
 expired. The same right is conceded when the suspension lasts more 
 than one year, provided that the value of the work referred to shall be 
 more than one-fourth of the total of the contract. 
 
 ART. 52. If during the execution of the works prices should rise very 
 considerably, the contract may be rescinded on the petition of the 
 contractor, provided that the proceedings instituted for this purpose shall 
 prove: First, that the rise has taken place since the time when the 
 public bids were had, not since the drafting of the project; second, 
 that it is not owing to the execution of the works referred to in the 
 contract, but to others which may have been subsequently undertaken, 
 or to a general unforeseen cause ; third, that it is not produced by cir- 
 cumstances of a temporary character, as agricultural or other similar 
 works. A very considerable rise in prices is understood to be such as, 
 applied to the execution of the works which remain to be executed, 
 shall produce an amount greater than a quarter of the total amount of 
 the contract. 
 
 ART. 53. In case that by reason of a rise in prices the contractor 
 should claim rescission, the work shall not be suspended on that 
 account. 
 
 After three months have elapsed and the Government shall not have 
 decided concerning the claim, the contract shall be considered rescinded 
 in fact, and there shall follow the liquidation of the works executed up 
 to that time according to the prices of the same, without any increase 
 or payment of any kind by way of indemnity for damages. 
 
 ART. 54. Whenever, for the reasons stated in Articles 38, 50, and 51, 
 the contract is rescinded, the tools and utensils indispensable for the 
 completion of the works, the employment of which shall have been pre- 
 viously authorized by the Engineer, and which the contractor does not 
 care to retain, shall be taken by the Government after the price has 
 been agreed upon, amicably or by experts, without increase of any 
 kind under the pretext of benefits to be derived, or for any other reason 
 whatsoever, it being understood that this payment shall only take 
 place when the amount of the works completed up to the time of rescis- 
 sion does not reach two-thirds of the amount contracted for, when 
 works of port or similar works are in question, or to four-fifths in case 
 of highroads and works of similar character. 
 
 The materials collected and on the ground of the works, if they are 
 actually received and are for application for the completion of the 
 works, shall also be taken for account of the Administration at the 
 prices fixed by the special list for this purpose j and if they should not 
 be included in it, they shall be fixed after hearing both parties. 
 
 The materials which, collected under the same circumstances, shall be 
 situated away from the works, shall also be taken from the contractor, 
 
97 
 
 provided that they be transported to the works within the period of 
 one -month, unless the Administration prefers to receive them at the 
 place in which they happen to be. 
 
 The contractor shall also be given an indemnity, determined by the 
 Government after hearing the Council of State, which shall never exceed 
 3 per cent of the value of the works which remain to be executed. 
 
 ART. 55. In the special technical conditions of each contract the 
 development of the works shall be fixed, reasonable times being stated 
 for the progress of the works during the course of the entire con- 
 struction of the same. 
 
 These times shall be obligatory on the contractor, and if there should 
 be reason for believing that within any one of them the corresponding 
 development of the works can not take place, the expert Director shall 
 give due notice in writing to the contractor, also making such rulings 
 as shall be conducive to the punctual fulfillment of the contract. 
 
 If, in spite of this, the time fixed shall have elapsed, and the con- 
 tractor shall not have constructed the corresponding work, the contract 
 shall be rescinded. 
 
 ART. 56. In the case prescribed in the previous article, and when once 
 the rescission of the contract has been decided on, it is understood that 
 the guaranty is forfeited and that the contractor shall' not have any, 
 claim whatsoever nor any other right than to the payment of the works 
 constructed and accepted. 
 
 Only when the retardation of the works shall be shown to have been 
 produced by unavoidable causes, and when the agreement is offered to 
 be>carried out on the extension of the time which may be designated 
 may the Administration, if it deems it convenient, conceed such exten- 
 sion as may appear reasonable. 
 
 ART. 57. When the rescission of a contract takes place because of 
 one of the reasons stated in Articles 49, 52, and 53, the contractor shall 
 have no right to claim an indemnity of any kind nor to require the 
 Administration to purchase the utensils and tools used for the works. 
 
 CHAPTER VI. 
 
 MEASUREMENT, ACCEPTANCE OF THE WORKS, AND FINAL LIQUI- 
 DATION. 
 
 ART. 58. The partial measurements shall be made at the times fixed 
 in the articles of economic conditions of the contract, after citing the 
 contractor, if the latter should desire to be present. As provisional 
 documents they shall be subject to the corrections which may result 
 from the final measurement, for which purpose approval or acceptance 
 of the works referred shall not be presumed. 
 
 ART. 59. On the completion of the works their provisional accept- 
 ance by the Engineer, whom the General Direction may designate, shall 
 immediately take place, and with the necessary presence of the con- 
 21634 7 
 
98 
 
 tractor or his duly authorized representative. If after being expressly 
 required to appear, the contractor should not be present or should 
 renounce this right in writing, agreeing beforehand with the result of 
 the operation, the Chief Engineer of the province shall ask the Gov- 
 ernor to make a new demand on the contractor, and if he should again 
 be absent, said Authority shall appoint at the cost of the contractor an 
 official representative. 
 
 The result of the acceptance shall be stated in the form of a memo- 
 randum, signed by all those present, and shall be sent to the General 
 Direction. 
 
 If the works should be found to be in good state and in accordance 
 with the conditions, they shall be provisionally accepted, and turned 
 over to public use^ the period of the guaranty beginning to run, as 
 also that of the preservation fixed in the particular conditions at the 
 cost of the contractor. 
 
 ART. 60. When the works have been provisionally accepted, there 
 shall immediately follow the general and definite measurement, with 
 the necessary presence of the contractor or his representative named 
 by him or officially, as provided in the previous article. 
 
 The plans and profiles of the survey shall serve as the basis of the 
 'measurement of the plottings, which shall be drawn with the measure- 
 ments taken from the work and also the form and disposition in which 
 the superficial part of the ground shall remain, in order to deduct the 
 number of cubic meters of cuts and embankments which the contractor 
 has executed. 
 
 All works of construction shall be measured where they shall 'be 
 visible, and in places where they are not visible the dimensions desig- 
 nated in the plans and profiles which shall necessarily have been made 
 in the course of construction shall be adopted, and they shall be signed 
 by the Engineer and by the contractor. 
 
 The volume of the foundation shall be determined by means of a 
 shaft opened at the place designated by the Engineer. 
 
 Accessory works shall ba measured in a manner similar to that 
 employed in the measurement of the principal part of the works. 
 
 ART. 61. The valuation of the works executed by the contractor shall 
 be made, applying to the result of the general measurement and of the 
 cubic measurements the prices which for each unit of the work are 
 provided for in the estimate, and further keeping in mind the provi- 
 sions of Articles 30, 31, 32, and 33 of these conditions. The total amount 
 shall be increased by such a per cent of the estimate of the contract, 
 and the reduction made on the bidding shall be applied proportionally 5 
 from the result the amount paid on certificate shall be deducted. 
 
 The liquidation shall be drawn in accordance with the formulae and 
 instructions in force j and, with all the facts and copies of plans and 
 profiles, shall be sent to the contractor with permission to retain the 
 same for a period of thirty days, in order that he may examine them 
 and return them with his agreement or his observations. 
 
99 
 
 If because of the importance of the work, or because of the kind or 
 number of the documents, the contractor should not deem that time 
 sufficient for examination, he shall so state, suggesting the time that 
 is necessary, and the Chief Engineer, if there should not be any incon- 
 venience, shall decide whether the extension of time shall be granted 
 or not, and also its duration. 
 
 When the time or the extension has expired and the contractor shall 
 not have made his observations, it will be presumed that he agrees 
 with the liquidation, which in such case, as also in the case where he 
 replies, shall be sent, with the report of the Chief Engineer, to the 
 General Direction for the decision which may be proper. 
 
 ART. 62. During the period of guaranty the contractor shall take 
 care of the preservation and the policing of the works, employing in them 
 the materials in accordance with the instructions given by the Engineer. 
 If the preservation should be neglected, and if the order of the Engi- 
 neer should be disobeyed, resulting in the imperilment of transit or 
 public use of the work, the necessary works to avoid the damage shall 
 be carried out by the Administration at the cost of the contractor. 
 
 ART. 63. When the period of guaranty has terminated, the final 
 acceptance of the work shall follow, in accordance with the formalities 
 specified in Article 59 for provisional acceptance, and if the works shall 
 appear in a perfect state of preservation, receipts therefor shall be 
 given and the contractor shall be relieved from all responsibility. 
 
 If the works should not be in good condition, this shall be made to 
 appear in the memorandum ; the Chief Engineer shall give the contractor 
 precise and detailed instructions to remedy the defects which may have 
 been observed, and shall fix the time within which to do so. making a 
 new inspection of the works on the termination thereof and an accept- 
 ance of the works. If the contractor should not fulfill these orders, the 
 contract shall be declared rescinded, with the forfeiture of the guaranty. 
 
 ART. 64. When the final acceptance has been made, the liquidation 
 of the executed works and the labor performed during the time of the 
 guaranty, shall be made, in accordance with the provisions of the esti- 
 mate, of the particular conditions of the contract, and of the second 
 paragraph of article 33 of the present conditions. 
 
 ART. 65. When the final liquidation has been approved, the guaranty 
 shall be returned to the contractor, after he shall have shown by means 
 of certificates of the Alcaldes of the municipal districts within which 
 the works may have been executed, that there does not exist against 
 him any claim whatever for loss or damages for which he may be re- 
 sponsible, or for debts to workmen, or for materials, and for the insur- 
 ance of the laborers, and also show payment of the industrial tax 
 corresponding to his contract. 
 
 ART. 66. If the Government shall believe it to be convenient to make 
 partial acceptances, a contractor shall not for this reason have the right 
 to ask that there be returned to him a proportional part of the guar- 
 anty, although he shall be free from all responsibility in connection with 
 
100 
 
 the works accepted; but the guaranty shall remain intact until the 
 completion of all the works, in order that it may be responsible for the 
 fulfillment of the contract, as is provided for by the preceding article, 
 
 Madrid, June 11, 1886. 
 
 Approved by His Majesty. 
 
 EUGENIC MONTERO Kios. 
 
 And by order of His Excellency, the Governor-General, it is published 
 in the Gaceta for general information. 
 Habana, March 23, 1889. 
 
 PEDRO A. TORRES. 
 (Gaceta, 2d of April, 1889.) 
 
 Under date of the 30th of last April and number 534, the Colonial 
 Secretary communicates to His Excellency the Governor-General the 
 following Eoyal Order : 
 
 YOUR EXCELLENCY : It being convenient to regulate the proceedings commenced 
 in the Island regarding works of ports and wharves and concessions of public works 
 and to fix the basis to which this class of conditions must be adjusted, considering 
 that the legislation in force in that Island as to that matter is the Law of Waters 
 of the 3d of August, 1886, which is partly in conflict with the General Law oi 
 Public Works in force in the said Island, which law is with certain changes the one 
 in force in the Island, and it being convenient not only to harmonize the first with 
 the second, but also to make the legislation as to public works of that Antille as 
 similar as possible to the legislation of the Peninsula, the King (whom God pre- 
 preserve), and in his name the Queen Regent of the Realm, has seen fit to decree 
 that Your Excellency be advised to order the General Inspection of Public Works 
 of that Island to study and propose in the shortest time possible, and within a 
 period which must not exceed four months, the changes to be made in the laws as 
 to Waters and Ports of the Peninsula of the 13th of June, 1879, and 7th of May, 
 1880, so that they may be applicable to the Island ; and the instructions for the pro- 
 ceedings of concessions of Public Waters and concessions to individuals of works of 
 Ports of the 14th of June, 1883, and 20th of August of the said year ; trying to make 
 said changes be the least possible in number, and justifying the reasons upon which 
 the proposers based the reports which they submitted, the said! propositions being 
 made by the Council of Administration of that Island and the Consulting Board of 
 Public Works, sending the complete proceedings in the shortest time possible to 
 this Department, with the report and proposal of that General Government, an 
 extract of which decision shall be published in the Gaceta of Madrid, and in full in 
 the Gaceta of Habana. 
 
 By Royal Order I communicate it to Your Excellency for your information and 
 consequent action. 
 
 And His Excellency having ordered its execution on the 25th of the 
 present month, it is published by his order for general information. 
 
 Habana, May 31, 1889. 
 
 PEDRO A. TORRES. 
 (Gaceta, June 11, 1889.) 
 
 Under date of the 18th of last June and Eo. 730, the Colonial Depart- 
 ment communicates to His Excellency the Governor-General the fol- 
 lowing Eoyal Order : 
 
 YOUR EXCELLENCY : In view of the proceedings which Your Excellency has sent 
 me with your communication, No. 1076, of the 14th of last May, in regard to the 
 
* 101 
 
 State taking possession of the highway from Habana to Giiines and to Bejucal, to 
 which the said proceedings referred, the taking possession of which Your Excel- 
 lency has ordered temporarily in accord with the report of the Consulting Board 
 and the General Inspection of Public Works of that Island. Considering that from 
 the same proceedings and the circumstances of the case it results that the proposal 
 of that General Government is convenient and justifiable, as well as the measure 
 adopted by the said General Government, the King (whom God preserve), and in his 
 name the Queen Regent of the Realm, has seen fit to order : That the taking pos- 
 session by the State of the section of highway from Habana to Giiines included 
 between the corner at Toyo and Blanquizal, and the section from Havana to Bejucal 
 included between the station of the City Railway and the outskirts of the ward 
 of La* Vibora, which sections of highways are to-day in charge of the Municipal 
 Council of Habana, and that the resolution adopted by Your Excellency be 
 approved, ordering therefore the taking possession of, publishing this resolution in 
 extract in tlie Gaceta of Madrid and in full in that of Habana. 
 
 And its execution being ordered by His Excellency under date of 
 the 5th instant, by his order it is published in the Gaceta for general 
 information. 
 
 Habana, July 12, 1889. 
 
 PEDRO A. TORRES. 
 
 (Gaceta, July 23,18891) 
 
 Under date of the 12th of last month, and ]So. 483, the Colonial De- 
 partment communicates to His Excellency the Governor- General the 
 following Eoyal Order : 
 
 YOUR EXCELLENCY : In view of the communication of Your Excellency, No. 450, 
 of the 7th of last March, and the proceedings which accompany it, relative to the 
 request of the Municipal Council of Guanajay of this Island, which asks that the 
 State take possession of the crossroads of the highroads from Habana to San Cristd- 
 bal and from Guanajay to Mariel, which run through several streets of said town; 
 in view of the favorable reports rendered in connection therewith by the General 
 Inspection and the Consulting Board of Public Works, and by the Council of Ad- 
 ministration of this Island, keeping in mind the reasons given in support of said 
 request, and that the granting of the same will result beneficially for the general 
 interests of the country, the King (who God preserve) and in his name the Queen 
 Regent of the Realm, has seen fit to order : That the request of Guanajay be granted, 
 the State taking charge of the crossroads of the highroads from Habana to San 
 Cristdbal and from Guanajay to Mariel, and keeping in its charge in the future the 
 repairs and preservation of said crossings. All of which, by Royal Order, I com- 
 municate to Your Excellency for your information and consequent action; and an 
 extract of this decision should be published in the Gaceta of Madrid and in full 
 in that of Habana. 
 
 And its execution having been decreed by His Excellency on the 
 4th instant, by his order it is published in the Gaceta, for general 
 information. 
 
 Habana, June 10, 1890. 
 
 ;\; :RlOARD<^XQ3T CUBELLS. 
 
 (Gaceta, June 14, 1890.) 
 
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