Volume 11 — Puerto Rico Reports

<p>Appeal — Evidence—Bill of Exceptions — Statement of Pacts. — Where there is no hill of exceptions or statement of facts, questions in regard to the exclusion of evidence cannot he considered ón appeal, and where it does not appear from the record that any error has been committed which would warrant the reversal of the judgment appealed from, the same must he affirmed.</p>

<p>Appeal — Evidence—Bill op Exceptions — Statement op Facts. — Where there is no bill of exceptions or statement of facts, the Supreme Court cannot consider on appeal the evidence taken during the trial.</p>

<p>Appeal — Evidence—Bill of Exceptions — Statement of Facts — Instructions-to the Jury. — Where there is no bill of exceptions or statement of facts, the-evidence taken at the trial cannot he considered by the appellate court, nor can the instructions of the court to the jury he used as a substitute for those documents.</p> <p>Burglary. — According to the information filed in this case, the defendant entered the bedroom of his mother-in-law and took a sum of money which was concealed in a trunk. Held: That the said facts comprise all of the evidence necessary to constitute the crime of'Burglary, and the relation of the defendant to his mother-in-law cannot exempt him from criminal liability.</p>

<p>Appeal from the District Court of Humacao.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from a Decision of the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>New Trial — Time Within Which to File Motion and Affidavits. — A motion for a new trial should be filed and the opposing party should be notified thereof within the ten days next following the date upon which judgment is rendered, and the affidavits upon which such motion is based should be filed within the ten days next following the date on which notice of the motion is served upon the opposing party.</p> <p>Id.- — Where the motion is based on the grounds set forth in subdivisions 1 and 2 of section 221 of the Code of Civil Procedure, it should be supported by affidavits, and not by the minutes of the court, or the record or judgment-roll in the suit.</p> <p>Irregularity in the Proceedings — Surprise Impossible to Guard Against— Setting Down por Trial. — Cases should be set down for trial in open court, and it is not necessary that any of the parties be notified thereof, inasmuch as sueh notification is not comprised within the provisions of sections 317 and 323 of the Code of Civil Procedure, and therefore failure to serve such notice cannot be set up as a ground for a motion for a new trial, in the sense that it constitutes an irregularity in the proceedings or surprise impossible to guard against.</p> <p>Id. — Appeal Prom the Judgment. — An appeal taken from the final judgment does not deprive the court of jurisdiction to hear and determine a motion for a new trial.</p>

<p>Appeal from the District Court .of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal From Decision of Registrar — Capacity op Appellant. — Appeals from decisions of registrars of property must be taken by persons having the legal capacity so to do, and where the interest or represeirtation of the appellant is not shown he will he deemed to lack the necessary capacity to prosecute the appeal, and the same must he dismissed.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Contract — Fraudulent Consideration — Nullity.—The fact that it is set forth in a promissory note that the consideration therefor is the receipt of money, when in reality the same was executed in payment of interest, does not render the obligation null and void by reason of fraudulent consideration, inasmuch as there is another consideration which is real and lawful.</p> <p>Appeal — Evidence—Bill oe Exceptions — Statement oe Facts. — Matters relating to the findings on the evidence cannot be considered on appeal in the absence of a bill of exceptions or statement of facts.</p>

<p>Appeal from the District Court of Mayagiiez.</p> <p>The facts are stated in the opinion.</p>

<p>Appear from the District Court of Aguadilla.</p> <p>The facts are stated -in the opinion.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Guayama.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Findings Upon the Evidence — Statement of Facts. — Where the evidence taken at the trial is not submitted to the consideration of the appellate court by means of a statement of facts, the findings of the trial court upon the evidence cannot ho considered on appeal, and in such á case it will be presumed that the findings of the trial court upon the evidence are correct.</p> <p>Exceptions — Res Adjudicata — Identity oe Persons, Things and Actions.— In order that an exception of res adjudicata may be successfully alleged, it is necessary that the action in which the judgment was rendered and the one in which the exception is alleged, should be perfectly identical with respect to persons, things and actions.</p> <p>Id. — Interdict to Prevent Construction oe Building — Ordinary Action.— The special summary proceeding known as interdict to prevent the construction of a building does not close the way for the prosecution of an ordinary action, but on the contrary, it leaves the parties free to resort to that remedy after the termination of the former.</p> <p>Id. — Absence oe Cause oe Action — Sine Actione Agís. — The exception of sine actione agís, known to the Spanish law as a peremptory exception, is not the same as that designated as a demurrer by section 105 of the Code of Civil Procedure, which is based on the ground that the complaint does not state facts sufficient to constitute a cause of action, because the former might be alleged even where the complaint showed a cause of action, inasmuch as its existence must needs be determined by the result of the evidence. ’</p> <p>Id. — Nuisance.—An action to abate a nuisance may be prosecuted by any person whose property has been damaged, or whose personal comfort has suffered by reason of such nuisance.</p>

<p>Contracts — Evidence.—If the parties fail to exercise the right which he has . under sections 25 and 28 of the Law of Evidence, it does not follow that lie will he prejudiced in these cases in -which the text of the document, with the aid of the Rules of Construction laid down by the Civil Code and the Law of Evidence itself, is sufficiently clear to show' its real meaning.</p> <p>Id. — Intention oe the Parties. — If the terms of a contract are clear and leave no doubt as to the intention of the contracting parties, the literal sense of its stipulations shall be observed, but if the words should appear contrary to their evident intention, the intention shall prevail; and in order to judge of the intention, consideration must be given principally to the acts of the parties, contemporaneous and subsequent to the contract.</p> <p>Id. — Besolutcry Condition — Purchase and Sale. — The failure to meet a reso-lutory condition in a contract of purchase and sale extinguishes whatever right the party so failing had.</p> <p>Id. — Errors oe Words which Do Not Alter the Beal Meanino oe ti-ie Contract. — When the intention of the parties is evident from the language of the contract, section 1256 of the Civil Code does not apply even if the contract contains errors of words but which do not alter its real meaning.</p>

<p>Prescription. — Prescription which commenced to run before the Civil Code went into effect will be governed by the law's in force prior to that date.</p> <p>Id. — Ownership.—Ownership and other real rights prescribe by possession for six years in good faith and with a proper title.</p>

<p>Appeal from a Decision of the Registrar of Property of Caguas.</p> <p>The facts are stated in the opinion.</p>

<p>Jurisdiction — Appeal—Municipal Courts — District Courts — Bond.—When a municipal court has imposed sentence on the defendant and the latter has appealed therefrom, from the moment that he has given bond and has been set at liberty, the district court has acquired, and the municipal court lost, .-jurisdiction of the case, although in some instances of mistake or fraud the municipal court may retain jurisdiction for the correction thereof.</p> <p>Td. — Discharge op Bondsmen in Criminal Cases. — The proceeding to discharge a bond executed in a criminal cause should be had in the court in which the cause is pending or, if there has been an appeal, in the court to which the cause has been taken.</p> <p>Id. — The proceeding set forth in sections 393 to 395 of the Code of Criminal Procedure m obtain the discharge of the bondsmen must be followed.</p> <p>Id. — Forfeiture of Bond. — If a court forfeits, and summarily proceeds against, a bond in accordance with sections 396 to 399 of the Code of Criminal Procedure, it commits no error.</p>

<p>Criminal I,aw — Allegations — -Former Jeopardy — -Carrying Prohibited Weapons — Discharging Firearms. — The crime of carrying firearms is different from the crime of discharging same and causing the death of a person, and the former is not necessarily included \vithin the latter, and therefore a ■defendant prosecuted and convicted of the former crime cannot successfully allege former jeopardy upon the prosecution for the second crime; that is to say, murder.'</p>

<p>Appeal from the District Court of Guayama.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Humacao.</p> <p>Tbe facts are stated in the opinion.</p>

<p>Appeal — Judgments.—The points decided in a judgment from which no appeal was taken by either of the parties, must be considered final, and cannot be considered on an appeal taken from other points decided in the same judgment.</p> <p>Id. — Matters in Controversy. — The trial court must finally decide upon the merits of all matters in controversy in accordance with sections 188 and 193 of the Code of Civil Procedure.</p> <p>Id. — Exceptions—Misjoinder oe Actions. — Where two or more incompatible causes of action are joined in one complaint, and no objection thereto is made in due time, it will be considered that the defendant has waived all objection thereto in accordance with section 109 of the Code of Civil Procedure, and the court must render a judgment thereon.</p> <p>Id. — Matters Not Decided by Lower Court. — Matters not decided by the lower court will not be considered on appeal, as this would amount to an assumption of the functions of a court of original jurisdiction.</p> <p>Cases in Which the Object oe Action Prosecuted is Not Only the Recovery oe a Debt. — In cases where the object of the action prosecuted is not only to recover a debt, but other matters are involved, section 328 of the Code of Civil Procedure is not applicable.</p> <p>Costs — Cases in Which Complaint is not Sustained in all its Parts. — Where a complaint is not sustained in all its parts, it is neither just nor equitable to tax all the costs against the defendant.</p>

<p>Justice of the Peace Courts — Authority of Secretary to Administer Oath. — In accordance with the provisions of Section 15 of the Code of Criminal Procedure, which cannot he deemed to have been repealed by the act organizing the judiciary, approved Mareh 10, 1904, secretaries of justice of the peace courts have authority to administer oaths for the filing of complaints before said eourts.</p>

<p>Record of Titles — Prior Records in Favor of Person Executing Same.— In order that deeds transferring or encumbering the ownership or possession of real property or real rights may be recorded in the registry of property, the right of the person executing the same or in whose name the transfer or encumbrance is made must appear upon the record.</p>

<p>Appeal from the decision of the Registrar of Property of Ponce.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Evidence—Bill of Exceptions — Statement of Facts. — The Supreme Court will not consider on appeal the evidence taken at the trial, unless the same is set forth in a bill of exceptions or statement of facts.</p> <p>Id. — Pacts Alleged — Questions oe Law. — Where the facts alleged in a complaint and answer are' identical and the parties agree thereto, but differ only as to the construction to be given thereto, a question of law is raised, and the appellate court may consider the same without the necessity of a bill of exceptions or statement of facts.</p> <p>CONTRACTS OE PARTNERSHIP AND PARTICIPATION-REQUIREMENTS — SPECIAL PARTNER — Managing Partner. — It is a necessary requisite for the existence of a contract of partnership on joint account, that the capital of- the special partner shall be subject to the results, whether profitable or unprofitable, of the business, and the managing partner is not obliged to return the same until the expiration of the term for which the partnership is created, and then only after a liquidation of the business.</p> <p>Id. — CONTRACTS or Commercial Loan. — The plaintiff having contracted to give the defendant credit by agreeing to honor all his orders, whether for merchandise or money, up to a fixed amount, and the defendant bound himself to make partial payments at such times as might be convenient, and the plaintiff was to receive a certain profit of the business in lieu of interest on the advances, but reserved to itself the right to terminate the contract upon six months’ notice; It was held, That the plaintiff did not enter into a contract of partnership with the defendant.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Contracts — Fulfilment of Obligation in Regard to Sale of Products— Sums Owing for Amounts Advanced for Maintenance — Foreclosure of Mortgage.. — -Paragraph 6 of section 1823 of the Civil Code refers to cases in which it is sought to recover money advanced for expenses of maintenances, etc., upon the products of the property for which such amounts were expended for maintenance, but it is not applicable to a ease where the borrower contracted to deliver to the lender a fixed quantity of a certain specified product, this being a contract of purchase and sale on the part of the vendor for the delivery of the thing sold; and this is different from the preferred credits referred to in the section of the Code above mentioned, and therefore said section cannot be invoked to compel payment of a credit with preference over a mortgage credit.</p> <p>Appeal — Evidence—Bill op Exceptions — Statement op Pacts. — In order that the Supreme Court may consider the evidence taken at the trial, it is necessary that the same be set forth in a bill of exceptions or statement of facts.</p>

<p>Complaint — Verification—Allegations—Answer—Specifics Denial. — Where a complaint is verified the defendant must specifically deny each and every allegation, inasmuch as in the absence of such specific denial the answer is insufficient.</p> <p>Usurious Contracts — Mortgage—Nullity.—In order that a mortgage or a contract may be declared to be usurious, it is not essential that the illegal rate of interest appear in the document or instrument.</p> <p>Id. — Consideration—Determination Thereof. — Although the consideration may appear in a contract, the truth of the facts stated will not be presumed to be conclusive, and the court is empowered to ascertain what the real consideration is from the evidence introduced.</p> <p>Id. — Hate of Interest in Excess of 12 Per Cent Per Annum. — If in a contract a rate of interest in excess of 12 per cent per annum is received or accepted, or agreed to be received or accepted, the contract is null and void.</p> <p>Id.' — Effects of Usurious Contracts — Cancellation of. the Obligation. — • Usurious contracts are null and void, and tlie court of competent jurisdiction has the power to prevent the collection thereof, or any proceeding instituted for that purpose, and may require the cancellation of the original obligation, it not being necessary to demand payment of the principal sum or the interest, or any part thereof, as a condition for the granting of the remedy.</p> <p>Id. — Third Parties. — Where a statute relating to usury contains a definitive provision, like the usury law of Porto Eico, that all usurious contracts are null ' and void, the nullity thereof affects all persons in general, even those who have taken no part in the contract.</p> <p>Pawnbroker — Loans Upon Pledges. — Loans upon’pledges are made only upon personal property, and the lender generally loans his money in small amounts on articles of value which are delivered to him as a pledge.</p> <p>Id. — Loans on Eeal Property. — The business of a pawnbroker has nothing to do with real property, and under no circumstances could a mortgage on real property be classified as a loan upon a pawn or a pledge.</p> <p>Contracts — Loans.—The exception made by the provisions of section 223 of the Political Code permitting 4 per cent monthly to be collected as interest upon, pledges or upon loans refers to the loan, and not to the person making the loan.</p> <p>Allegation — Judgment on the Pleadings. — In a case where the answer to the complaint does not deny the essential allegations therein, they will be deemed to be true and judgment may be given on the pleadings.</p> <p>Application for Order — Motion.—Inasmuch as every application for an order is a motion, judgment may be rendered on the pleadings on the motion of the plaintiff where the essential allegations in a verified complaint are not specifically denied in the answer and no new matter constituting a defense is alleged.</p> <p>Id. — Motions for judgment on the pleadings is within the discretion of the court, and the appellate court will not reverse a decision overruling .such a motion in the absence of an abuse of such discretion by the trial court.</p> <p>Appeals — Errors of Procedure not Prejudicial to the Eights of the Parties. — Errors of trial courts not prejudicial to the substantial rights of the parties will not be considered by the appellate court.</p> <p>Evidence — Appearance of Witnesses. — A witness residing beyond the district of the-court cannot be compelled to appear before such court, exeept where the distance between the place of residence of such witness and the place of holding court is less than 30 miles.</p> <p>Trial — -Continuance.—A trial court may grant a motion, supported by affidavit, for sufficient time to file a motion in writing for a continuance of the trial, but if such motion is based upon the necessity of compelling the attendance of a witness, not subpoenaed in due time, it is not error to deny the continuance, inasmuch as such denial is warranted by reason of the failure of the applicant to exercise due diligence in the matter.</p> <p>Evidence — Eight of Witnesses to Consult Notes While Testifying. — A witness has a right to consult notes or a memorandum prepared by himself for the purpose of refreshing his memory. The court has a right to examine and inspect such memorandum, and if the same has been improperly prepared or lias not been prepared by the,-witness, the same should be exeluded and cannot be used for the purpose of refreshing his memory.</p> <p>New Trials — Motion.—A motion for a new trial is made to the court which rendered judgment, for the purpose of affording that court an opportunity, on mature reflection, to correct any errors which might have been made in the haste of the trial.</p> <p>Id.' — Appeal.—An appeal from a final judgment does not deprive the trial court of jurisdiction to hear and determine a duly presented motion for a new trial; if the motion is granted the appeal is of no effect, but if it is overruled, the transcript is prepared and forwarded to the appellate court for review.</p> <p>Id. — When the Supreme Court reverses a judgment and there is no necessity of ascertaining any matters of fact and there are no damages to be assessed, it should not remand the case for a new trial, but proceed to render such judgment as the court below should have rendered therein.</p>

<p>Appeal — Transcript op Record — Notice op Appeal. — In the transcript of record presented to the Supreme Court on appeal there should be included a copy of the notice of appeal, and in the absence thereof the appeal will be dismissed.</p> <p>Id. — Rules op Procedure. — -Rules of procedure are binding upon all the parties to an action, and may not be substituted by private agreement or stipulation of the parties.</p>

<p>Appeal — Evidences—Bill op Exceptions — Statement op -Facts. — In order that the Supreme Court may consider on appeal the evidence taken in at the trial, it is necessary that the same he set forth in a hill of exceptions or a statement of facts.</p> <p>Id. — Evidence.—It will he presumed that the findings of the court below upon the evidence taken at the trial are correct in the absence of a showing to the contrary.</p> <p>I'd. — Grounds upon Which Judgment Appealed From is Based. — Even where the reasons or grounds upon which a judge based his judgment are not in accordance with law, this would -not be a sufficient reason to reverse such judgment if other facts are shown on the.trial to warrant the same.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated iu the opinion.</p>

<p>Separate Property — Property op the Conjugal Partnership. — Property acquired under a right of redemption or exchange for other property belonging exclusively to the husband, must be classified as his separate property, and he may dispose of it without the consent of his wife, which consent is necessary only in cases of the disposition of property belonging to the conjugal partnership.</p> <p>Community Property — Presumption.—In the absence of a showing that the money used by the husband for the redemption of property belongs to him exclusively as his separate property, it will be presumed that the money belongs to the conjugal partnership in accordance with the provisions of section 1322 of the Civil Code.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from a decision of the Registrar of Property of Ponce,</p>

<p>Appeal from the District Court of San Juan.</p>

<p>Appeal from the District Court of Humacao.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in-the opinion.</p>

<p>Appeal from the decision of the Registrar of Property of Caguas.</p> <p>The fácts are stated in the opinion.</p>

<p>Appeal from the decision of the Registrar of Property of Mayagiiez.</p> <p>The facts are stated in the opinion.</p>

<p>Mandamus — Record cot Title in Registry — Ordinary Remedy. — -The writ of" mandamus will not issue to compel a registrar of property to record a document presented, and which he is empowered to classify, inasmuch as an appeal will lie to the Supreme Oourt from the registrar’s decision.</p> <p>Id. — Cautionary Notice op Refusal to Record. — The writ of mandamus will not issue to compel a registrar of property to enter a cautionary notice on his refusal to record an instrument, inasmuch as on the refusal of the registrar to make such entry, an appeal will lie from such decision.</p>

<p>Record of Deed — Requisites of Notarial Law — Curable Defect. — The object of the notarial lair in requiring that notaries public shall certify in public instruments to the age, civil status, occupation and residence of the parties executing the same, according to their statements, is not only to ascertain whether such parties have the necessary capacity to contract, but also to identify them, and a deed without such requirements, contains a curable defect, which should appear in the record in the registry of property.</p>

<p>Appeal from the District Court of Ponce.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Criminal Complaint — Oath.—The oath taken upon the filing of a criminal complaint should be set out at the end of the same, but it is sufficient for all legal purposes if it is incorporated in the body of the complaint.</p> <p>Habeas Corpus — Jurisdiction oe the Person and oe the Crime — Disturbing the Peace. — Municipal judges have jurisdiction of the crime of disturbance of the peace, and where it is committed within the district of such judges they will have jurisdiction of the person of the accused, and therefore these points being proved on habeas corpus proceedings the petition for enlargement must be denied.</p>

<p>Appeal from the District Court of Mayagfiez.</p> <p>The facts are stated in the opinion.</p>

<p>Application for a writ of Habeas Corpus.</p> <p>The application was presented to Mr. Justice Hernandez at chambers.</p> <p>The facts are stated in the opinion.</p>

<p>Injunction — Appeal—Jurisdiction.—Tlie granting of a real right such as a servitude is different from tlie granting of a real right of ownership, for which reason when the two proceedings have been commenced both are perfectly compatible; and because the first is on appeal, when the second is commenced, it does not follow that the jurisdiction of the appellate court to take cognizance of the said appeal has been invaded, and, therefore, in accordance with section 2 of the Law of Injunctions of March 9, 1906, the issuance of an injunction is not justified.</p> <p>Id. — Person Not a Party to the Action. — The application for the issuance of an injunction to make the jurisdiction of the Supreme Court effective cannot be made by any person who lias not been a party to the action to which it refers.</p>

<p>Application for a Writ of Mandamus.</p> <p>The application was presented to Mr. Justice Figueras, at chambers.</p> <p>STATEMENT OE THE CASE.</p> <p>The petitioner states the facts in .his application in the following manner:</p> <p>“That on the 25th of Aiigust last he filed before the Judge of the District Court of Arecibo a petition in a mortgage proceeding against Benito Ruiz for the recovery of $800, interest and costs, which petition 'concludes in the following manner: ‘He prays the court to make an order requiring Benito Ruiz y Quevedo, a resident of Utuado, or his representative, within the period of thirty days, to pay the Banco de Puerto Rico the $800 which he owes it, with interest at 12 per cent from January 28, 1904, to {he date of payment, and $250, calculated as costs, with the warning that the mortgaged property will be sold at public auction in case of his failure so to do, and that the secretary issue the proper writ for compliance therewith.’</p> <p>‘ ‘ That the Arecibo court being in vacation it was necessary to present the petition, referred to in the foregoing allegation, to the judge at chambers, whereupon the following decision was rendered, to wit: ‘ The petitioner prays the judge at chambers to make an order authorizing the proceedings referred to in articles 128 of the Mortgage Law and 169 and 170 of its Regulations. This motion was made verbally by counsel and not in the written petition to the court. The petitioner thinks that section 22 of the Code of Civil Procedure is applicable to the case. After having considered the case from the two points of view mentioned in subdivisions a and c of said section 22, the undersigned judge is not of the same opinion. In regard to subdivision a: The foreclosure of a mortgage is not an ex parte proceeding. In such a proceeding there is a party plaintiff and a party defendant although the defense is subject to certain limitations. An order granting or denying execution is of great importance, not only because of what it means to the defendant to grant the same, but because an order denying it is appealable both for review and stay of proceedings and must appear upon the minutes of the court, and the order to effect payment by the public sale of the properties of the debtor is a judgment against him which must be entered and complied with in accordance with the provisions of the Act of March 9, 1905. All these matters are within the province of the court and not of the judge at chambers.</p> <p>“ ‘ In regard to subdivision c: When it says that ‘ ‘ any resolution affecting the procedure must be granted,” the Legislature could not have referred to the order of a judge that execution should issue, for such an order is a final decision; and in admitting that the first paragraph of subdivision c is applicable to the case, it also ought to be admitted that paragraph 2 of that same subdivision is applicable also, and that article 170 of the Mortgage Regulations had been modified by the opposition by the defendant provided for in said paragraph. This was not the intention of the Legislature, which in using in section 22 above cited the word “affecting,” signified its desire that the same should be understood to mean orders in reference to the correction of the form of procedure. Section 27 of the Code of Civil Procedure provides that a judge may exercise out of court all the powers expressly conferred upon a judge. Therefore, if there could be any doubt in regard to these points, the judge in this case would be so inclined that way in considering, that this provision being restrictive, all the sections of the law relating thereto should be strictly construed. ’</p> <p>“For the reasons stated, the judge at chambers refuses to grant the order prayed for. That from this decision no other remedy can be resorted to other than the one here made use of, because there is no other adequate and effectual remedy in the ordinary course of the law, and it is prayed that a writ of mandamus issue compelling the judge to proceed to decide the matter as may be proper. ’ ’</p>

<p>Action — Disqualification of Judge. — Judges must decline to act in a proceeding, not only when they are parties to the same, but also when they are interested therein.</p> <p>Id. — The obligation imposed upon judges by' the provisions of section 193 of the Code of Civil Procedure must be considered in relation with the provisions of section 23 of the same Code, because whenever there is good reason to consider himself disqualified, a judge must decline to act as such in the proceeding.</p> <p>Id. — Mandamus.—In this case an application was made for a writ of mandamus to compel a district judge to take cognizance of a certain suit in which he had declined to act: Held, That the action of the judge was warranted and the writ of mandamus would not issue.</p>

<p>Appeal from the District Court of Humacao.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Gruayama.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Gunayama.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Bill of Exceptions — Statement op Pacts — Manifest Errors. — Where there is no bill of exceptions or statement of facts and it does not appear from the record that any error has been committed which would warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Mandamus — Mechanical Schools. — The writ of mandamus applied for in this case will, not issue to compel the Commissioner of Education to proceed to open mechanical schools, because it does not appear from the evidence that the commission appointed for the purpose in accordance with the Appropriation Act for the fiscal year 1906-7 nas failed to fix the salaries of the personnel and provide for other expenses of such schools, it not having adopted, therefore, as was its duty to do, a complete plan under which the Commissioner could open such schools.</p>

<p>New Trial — Newly Discovered Evidence. — Upon a motion for a new trial on the ground of newly discovered evidence, the defendant must produce at the hearing in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and it must be set forth, under oath, in the motion, that the newly discovered evidence is material and that it was unknown at the time of the trial, and that it could not with reasonable diligence have been discovered and presented at the trial, and in the absence of these requisites the motion will be denied.</p> <p>Id. — Appeal—Bill op Exceptions — Statement op Facts. — Where there is no bill of exceptions or statement of facts in the transcript of the record, the court cannot determine on appeal whether the new evidence produced was or was not material to the defense of the accused.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts. — Where there is no bill of exceptions or statement of facts, and where it does not appear from the record that the trial court has committed any error which would warrant the reversal of the judgment appealed from, the same must bo affirmed.</p>

<p>CRIMINAL Complaint — Requirements Thereof. — Although it is not necessary that a criminal complaint should possess all the requisites of the information, nevertheless it is neeessary that the material facts be elearly stated therein in order that the accused may be fully informed of the offense with which he is charged so that he may prepare for his defense without any doubt or hesitation of any kind.</p> <p>Id. — Prohibited Games. — In a criminal complaint charging the playing of a prohibited game, it is neeessary to state with all the detail possible tlie nature of the crime and the circumstances under which it was' committed, nafriing the game played by the defendants; and it is not sufficient for tile-purposes ■ of the law to state that a raid was wade upon a prohibited game, because no crime is thereby charged.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts. — Where there is no bill of exceptions or statement of facts in the record and it does not appear therefrom that any error was committed which would warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Mandamus — Authority of Respondent to Perform Act. — Where the respondent in a mandamus proceeding has not the authority to perform the act sought to be required under such proceeding, the application must be denied.</p>

<p>Appeal — Embezzlement—Material Elements — Information.—The material elements of the crime of embezzlement consist in the fiduciary relation arising from the act of entrusting one’s property to another person, even though it be only momentarily, and the fraudulent appropriation of the same by the person to whom it is entrusted; and where these facts are not shown by information to have existed, the information will be considered insufficient, and the defendant must be discharged on appeal.</p> <p>Id.' — In the ease at bar the defendant was charged with having acquired from a merchant-a quantity of drilling, stating that lie would buy tlie same, and asked to be permitted to take it to his house to see whether it suited and offering, in case he should buy it, to pay the value thereof immediately, otherwise to return the same without delay; and that the defendant neither returned tlie drilling nor paid the price thereof. Held, That this does not constitute the crime of embezzlement.</p>

<p>Appeal from the District Court of Guayama.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Habeas Corpus — Confinement of Petitioner in a Penal Institution Outside of District. — The fact that the penal institution in which a defendant must be confined is situated outside of the district over which the court sentencing him lias jurisdiction is not sufficient to warrant his discharge on habeas corpus, inasmuch as the director of prisons is empowered to determine the places at vhich prisoners shall be confined, and where he orders the transfer of prisoners to a jail outside of the district in which they were convicted, in the absence of a showing to the contrary, it will be presumed that he acted within the limits of his authority.</p> <p>Td. — Assault and Battery. — Where a person assaults a policeman with a lupfe and a stick the act constitutes assault and battery with aggravating circumstances, and therefore persons convicted of this crime cannot be discharged from imprisonment on the ground that the fact constitutes a crime against the executive power.</p> <p>Id. — Grounds on Wi-iicii Application is Based Nct Supported by the Pacts.— Wheie the grounds upon which an application for habeas corpus is based are not supported by the evidence, the same will receive no consideration whatever.</p>

<p>Application for a Writ of Mandamus.</p> <p>The facts are stated in the opinion:</p>

<p>Application for a Writ of Habeas Corpus.</p> <p>The application was presented to Mr. Justice Figueras at chambers'.</p> <p>The facts are stated in the opinion..</p>

<p>Appeal from the District Court of Guayama.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from an order made by Mr. Justice Hernández, of the Supreme Court, in Habeas Corpus proceedings.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Bill op Exceptions — Statement oe Facts. — Where there is no bill of exeexitions or statement of facts in the reeord, and it does not appear therefrom that any error has been committed which would warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Municipal Corporations — Powers Thereof — Census of City. — The powers of municipalities as corporations are fully enumerated in sections 602 to 615, inclusive, of the Revised Statutes of Porto Rico, and it does not appear therefrom that the municipalities have any authority whatever to order the census of a city to he taken.</p> <p>Id. — Creation up Municipal Corporations — Powers Expressly Conferred by Law. — Municipal corporations are created by statute and can only exercise those powers. expressly conferred by legislative enactment, and they have no inherent or implied powers, such powers being reserved to the states which exercise them through their respective legislatures.</p> <p>Id. — Constitution of the United States. — The Tenth Amendment to the Constitution of the United States has no application whatever to the powers conferred by laiv upon municipal corporations.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts. — In order that the evidence-taken at the trial may be considered on appeal, it is necessary that it be set. out in a bill of exceptions or statement of facts.</p> <p>Perjury — Information.—An essential requisite of an information for perjury is that it contain the necessary allegations in regard to the falsity of the-matter about which the false statement under oath was made, and an information containing allegations tending to show that the statements made under oath by the accused in such case were false and untrue and the falsity- and untruth of which were unknown to him is sufficient on appeal.</p> <p>Id. — Demurrer.—Where the defendant fails to file a demurrer to the information in due time and such information states the facts constituting the crime, he-1 will be deemed to have waived any objections which he might have made that the information was not as specific as'it should have been in the allegations therein contained with respect to the falsity of the different statements of the defendant, and also with respect to the specific statement of those facts appearing to be true and the existence of which the defendant denied under-oath.</p>

<p>Appeal from the District Court of Ponce.</p> <p>The facts are stated in the opinion.</p>

<p>Unlawful Detainer — Questions of Ownership and Preference of Titles.— In actions of unlawful detainer the preference of one title over another cannot be discussed or determined, nor can the probative value of public documents or other elements of proof be taken into consideration for that purpose, because such matters can only be inquired into in declaratory actions and not in special summary proceedings, such as the action of unlawful de-tainer, for the decision of which it is necessary to start out from the situation, as to the facts, in which the plaintiff and defendant are respectively found.</p> <p>Id. — Sufferance.—Where the complaint alleges that the defendant is a tenant at sufferance and the defendant produces no title whatever, the action of unlawful detainer must be sustained.</p>

<p>Appeal — Transcript op the Record. — Where a complaint is filed and demurred i to and subsequently an amended complaint is filed, the original complaint and the demurrer thereto should not be included in the transcript of the record on appeal.</p> <p>Id. — Bill op Exceptions — Certificate op Judge — Order op Court Approving SaIvie. — The bill of exceptions as well as the statement of facts presented in the Supreme Court on app'eal should be signed by the judge of the court below, and a certificate of the secretary of the court to the effect that in the minutes of the court there appears an order of the judge approving the statement of facts is not sufficient for a compliance with this requisite, which is necessary to show that the facts are stated therein as they occurred during the trial.</p> <p>Id. — Statement op Pacts. — Although no motion whatever has been made seeking a new trial the statement of facts on appeal from the judgment must be prepared in the same form and comply with the same requirements as a bill of exceptions.</p> <p>Contract — Services Rendered — Consideration.—In an action for the recovery of money for services rendered the consideration inducing the plaintiff to render such services to the defendant must be stated, likewise the nature of the contract entered into by the parties; and in the absence of such an allegation, the court will not presume that there was an agreement to pay a definite sum of money for the services rendered.</p> <p>Id. — Evidence op Remuneration por Services. — In the different States of the Union it is sufficient to prove in actions of this nature that the services were rendered, it being neeessary to show in addition some means of recompense, or some practice or custom to justify the demand made.</p> <p>Id.' — Contract por a Stipulated Sum. — In Porto Rieo contracts for personal ' services are governed by the Civil Code under which the existence of a contract for a specific sum is presumed, and no provision thereof authorizes payment for such services in cases where there is no contract made.</p> <p>Id. — Cases in Wi-iich the Existence op a Price Certain Will be Presumed.— For the purposes of the foregoing doctrine it is understood that a price certain exists, not only when it is expressly so agreed, but also when it is recognized by custom and frequent usage in the place at which such services are rendered.</p> <p>Id. — Cause op Action. — A complaint for the recovery of compensation for services rendered which does not allege the existence of a contract for a price certain or the custom of the place in regard to the mode of compensation for services, does not state facts sufficient to constitute a cause of action.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Habeas Corpus — Execution op Judgment — Warrant op Arrest. — A warrant issued in accordance with the provisions oí section 327 of the Code of Criminal Procedure containing a certified copy of the judgment is sufficient authority to justify the execution of the judgment, and it is therefore valid for the purposes of a habeas corpus proceeding.</p> <p>Id. — Irregularity in Proceedings. — Mere irregularities in the proceedings not affecting the jurisdiction of the court to execute the judgment do not render it null and void and cannot be inquired into on habeas corpus.</p>

<p>Criminal Prosecution — Authority op Attorney General — Special Fiscal.— The Attorney General is empowered to appoint special fiscals to take part in the prosecution of criminal cases or to order the fiscal of one district to act in another district.</p> <p>Habeas Corpus — Complaint or Information. — The fact that the petitioner on being arrested for the commission of a crime was not informed of the nature of the charges brought against him is not a sufficient reason to warrant his discharge under habeas corpus proceedings.</p> <p>Id. — Arrest op Accused by Order op Fiscal. — Where a municipal judge has commenced the prosecution of a criminal case and forwards the records thereof to the fiscal, if this officer orders the arrest of the accused in accordance with section 100 of the Code of Criminal Procedure, it is not necessary that the municipal judge haye any further intervention in the matter, and the warrant issued by the fiscal will be sufficient to justify the imprisonment on habeas corpus proceedings.</p> <p>Id. — Filing op Information. — The fact that the fiscal fails to file an information ■within the period fixed by the provisions of section 70 of the Code of Criminal Procedure is not sufficient reason to warrant the enlargement of the accused under habeas corpus proceedings especially -where the sixty days referred to by subdivision 1 of section 448 of said Code have not expired.</p> <p>Id. — Probable Cause For Arrest op Dependant — Prima Facie Liability op Dependant. — Where there is any evidence other than the extra-judicial confession of the defendant tending to show that a crime has been committed, the defendant will not be discharged on habeas corpus on the ground pf the absence of probable cause, especially if the evidence tends to show prima facie that the accused is guilty of the crime.</p>

<p>CERTIORARI — Acts Performed by Marshal. — The wit of certiorari will issue only from a superior court to an inferior court and never against the marshal of the court to review the proceedings conducted by him, because only the proceedings of a court are subject to review by virtue of the writ of certiorari.</p> <p>Id. — Gases in Weigh Petitioner Was Not a Party to the Proceeding.- — The writ of certiorari will not issue in a* case where the petitioner is not a party to the suit or proceeding the review of which is sought.</p> <p>Id. — Ordinary Remedy. — The writ of certiorari will not issue where there is an ordinary remedy at law for the reparation of the injury suffered.</p>

<p>Appeal from the District Court of Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Ponce.</p>

<p>Appeal — Bill of Exceptions — Method op Preparing Same. — In order that a bill of exceptions may be prepared in proper form it should be made a distinct document and as such appear in the transcript, properly headed with the style and number of the action and the nature of the demand, with the recital that it is a bill of exceptions.</p> <p>Id. — How Same Should be Drawn. — A bill of exceptions should begin something like this: “Be it remembered: That on such and such a date, in the above styled ease, the following proceedings took place and the following evidence was introduced on the trial;” or, “the following facts were proved on the trial,” setting out the proceedings or the facts or the evidence in narrative form.</p> <p>Id. — Notes Taken by Stenographer — Purpose Thereof. — The stenographer's notes should not be sent up to the Supreme Court, but counsel should use them In preparing the bill of exceptions, and that is the purpose for which they are made.</p> <p>Id.' — Objections Made During the Course of the Trial — Questions of Law Raised — Rulings .of the Court. — The questions of law raised upon the trial must be faithfully set out in the bill of exceptions, as also, the rulings of the court thereupon, and it should also state what objections were made by the party preparing the bill of exceptions and what were the rulings of the court made thereon; these matters should be so clearly stated as to present to the appellate court exactly the questions of law or of fact involved.</p> <p>Id. — Cases in Which Parties do Not Agree Upon a Bill of Exceptions— Amendments Thereto. — In ease the parties agree upon the bill of exceptions it should be presented to the judge for his approval; but if no agreement can be reached the original bill, with the amendments proposed thereto, should be presented to the judge for his decision as to what amendments should be adopted, and the bill should be redrawn with the amendments incorporated therein so as to make a perfect bill which can be approved by the court. The. judge may make such further amendments and changes as may be necessary to conform to the truth of what occurred at the trial; wfhen thus amended and engrossed the bill of exceptions should be approved by the judge and filed by the secretary and made a part of the record.</p> <p>Id. — Approval and Certificate of Judge. — The approval of a bill of exceptions by the judge should be made in the form of a certificate to the effect that the ' bill is correct and true, and he should make an order that the same be filed by the secretary and become a part of the record.</p> <p>Contracts — Compliance With Obligations. — Every contract imposes reciprocal obligations upon the contracting parties, and the party demanding compliance with the contract must prove that he has complied with the obligations thereby imposed upon him.</p> <p>Id. — Eriendly Arbitrators.' — Where both parties to a contract agree to submit their differences to the decision of friendly arbitrators, but both nevertheless have the power to prevent such differences from being decided by any one but a court of justice, the fact that upon a difference arising between them one of the parties named 1ns arbitrators in the manner provided for and the other refused to accept them does not prevent him from proceeding judicially to enforce his rights.</p> <p>Id. — Evidence of Obligations. — Where one party to a contract shovrs that he has complied with the obligations imposed upon him thereby, the burden is on the other party to prove the existence of those circumstances which might tend to relieve him of the duty to comply with the obligations contracted by him under the legal principle ei inoumbü probatio qm dicit non gm negat.</p> <p>Id. — Interpretation of Contracts. — In the interpretation of contracts, and for the purpose of determining the intention of the contracting parties, the acts of the parties at the time the contract ivas executed and subsequently thereto should be taken into consideration.</p> <p>Appeal — Evidence—Documents' Accompanying Complaint. — In order that the documents accompanying the complaint may "be considered on appeal as a part of the record, they must be perfectly identified in the transcript.</p> <p>Id. — Contradictory Evidence.- — Where the testimony of witnesses is contradictory and nothing appears in the record to show that any of the witnesses were unworthy of belief, the findings of the trial court upon such evidence will not be disturbed on appeal.</p>

<p>Appeal from the District Court of Guayama.</p> <p>The facts are stated iu tire opinion.</p>

<p>Appeal from the District Court of Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — hill op Exceptions — Statement op Pacts. — Where there is no bill of exceptions or statement of facts, and it does not appear from the record that any error has been committed which would justify the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Original Jurisdiction.</p> <p>The facts are stated in the opinion.</p>

<p>Original Jurisdiction.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Manifest Errors. — Where an appellant fails to appear and it is not shown from the transcript of the record that any error has been committed which would justify the reversal of the judgment appealed from, it must be affirmed.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts’ are stated in the opinion.</p>

<p>Bight of Redemption — Period Within Which it Must be Exercised. — No matter what may be the nature of the legal right of redemption to be exercised— that is to say, whether it is judicial or extra-judicial — it must be taken advantage of within the unextendable period of nine days, as provided by section 1127 of the Civil Code.</p> <p>Id. — Strict Construction of the Provisions Governing the Same. — The very nature of the right of redemption requires a rigorous application of this rule, 1 inasmuch as it is a resolutory condition or a limitation of the right of ownership, and the laws governing legal redemption should be strictly construed.</p> <p>Id. — Exercise of the Bight. — The right of redemption may be exercised extra-judieially within the period of nine days fixed by the law, but if the purchaser does not acknowledge the right of the redemptioner, or if acknowledging the right he fails to execute the deed of subrogation, the redemptioner must, under penalty of the forfeiture of his right, resort to his judicial remedy by bringing a suit for redemption within the period of nine days fixed by the law.</p> <p>Id. — A mere extra-judicial demand made upon ’the purchaser within nine days fixed by section 1127 of the Civil Code to acknowledge the right of redemption without duly securing his subrogation to the rights of the purchaser, is not sufficient to constitute a compliance with the absolute and definite provisions of said section, even though after the expiration of said term he should file an action for redemption; and to hold the contrary would render the rights of the purchaser uncertain and subject them to a resolutory condition to continue for a longer time than that allowed by the law.</p> <p>Id. — Prescription of Actions — Interruption of Prescription. — The provisions of section 1871 of the Civil Code are not applicable to the right of legal redemption by virtue of the provisions of section 1839 of the said Code, inasmuch as section 1427 of that Code specially provides for an unextendable period within which the right shall he exercised, and the provisions of section 1874, above cited, are incompatible with those of section 1427 fixing the period within which the right shall be exercised as aforesaid.</p>

<p>Appeal from the District Court of Mayagfiez.</p> <p>Tlie facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan, First Section.</p> <p>Tlie facts are stated in tlie opinion.</p>

<p>Prescription — Real Action. — Real actions involving real property prescribe within thirty years, and it appearing that the defendants and their predecessors in interest have been in possession of the joint ownership claimed in the case at bar for more than fifty years without interruption, and the action prosecuted being a real action it must be held to have prescribed.</p>

<p>Appeal — Filing op Transcript op Record — Abandonment op Appeal. — The appellant must file the transcript of the record on appeal -within the period fixed by the rules of the court or the extensions thereof which may have been granted, and after the expiration of such time, if the transcript has not been filed, the appeal will have been deemed to have been abandoned.</p> <p>Id. — Allowing Appeal. — It is not necessary for a trial court to allow an appeal, nor will its refusal to allow the same be sufficient to warrant the appellant in failing to comply with the rules governing the filing of transcripts of records.</p> <p>Id. — Foreclosure op Mortgage — Sale op Property at Public Auction — Special Order. — An order of the court made in a summary foreclosure proceeding directing the sale of the property at public auction is not a special order for the purposes of subdivision 3 of section 295 of the Code of Civil Procedure, and is not appealable to the Supreme Court.</p>

<p>Injunction — Appeal.—An order of an inferior court granting or dissolving an injunction, or refusing to grant or annul or dissolve an injunction, is appeal-able to the Supreme Court.</p> <p>Id. — Suspension oe Judicial Proceedings. — Where a party has a right to an injunction to secure the suspension of judicial proceedings he must exercise such right before the court having cognizance of the proceedings the suspension whereof is sought, because that court haying absolute jurisdiction of the case is in a position to do complete justice and secure the rights of the parties perhaps without the necessity of issuing an injunction.</p> <p>Id. — An injunction will not issue to suspend judicial proceedings pending at the time of the commencement of the action wherein the injunction is sought, unless it tends to avoid a multiplicity of such proceedings.</p> <p>Id. — Irreparable Injury. — Prom a petition for injunction it must appear that, in case the injunction should be refused, the petitioner would suffer irreparable injury, and where, from the petition, it does not so appear the same should be denied.</p> <p>Id. — Ordinary, Speedy and Adequate Remedy. — The writ of injunction will not issue where plaintiffs have an ordinary, speedy and adequate remedy at law, but where a party for any reason has not taken the proper steps to secure his rights, he should show the reason for such failure, and that he was not in fault through neglect or otherwise.</p> <p>Id. — Oases in Which Petitioner May Avoid Damages. — The writ of injunction will not issue where the plaintiff or petitioner is in a position to avoid the injury sought to be repaired by exercising any of the rights or remedies which might be proper in the premises. i</p>

<p>Bond — Confiscation—Payment of Amount Thereof — Authority of Fiscal to Receive Moneys Due the Government. — The secretary of the court is the official charged with the duty of receiving all moneys to be paid to district courts for confiscation of bonds or otherwise, and although the proceedings for the recovery thereof must be brought by the fiscal, acting under the authority of the Attorney General, as tlio attorney for the Insular Government, he is not authorized to receive any money whatever to be paid to the Government as a result of such proceedings.</p> <p>In. — Payment of Money. — A payment of money made to .a person not authorized to receive it in the name of or on behalf of the creditor, is null and does not extinguish the obligation, but it will continue to subsist, the same as if such payment had never been made.</p> <p>Appeal — Judgment.—Where the appellate court reverses the judgment of an inferior court, and it is not necessary to clear up any matter of fact, or determine the amount of any indemnity, the Supreme Court is bound to render the judgment which should have been rendered by the inferior court in the first instance.</p>

<p>Application for a Writ of Mandamus.</p> <p>The facts are stated in the opinion.</p>

<p>Record — Acquisition op Ownership Prior to the Date on Which the Mortgage Law Went Into Effect. — Although titles transferring or encumbering the ownership or the possession of real property or real rights, cannot be recorded or notice thereof entered unless the right of the person executing the same or in whose name the transfer or encumbrance is made is previously recorded, nevertheless, titles executed by persons acquiring their rights to the property prior to the date on which the Mortgage Law went into effect may record the same without that requisite, provided the acquisition thereof is proved by authentic documents, and the same right is not recorded in favor of any other person.</p> <p>Id. — A deed of sale executed prior to the date upon which the Mortgage Law went into effect and in accordance with the laws in force on the date of the execution thereof, constitutes a title of ownership which is perfectly recordable in the registry of property, without the necessity of the vendors showing their acquisition of the right by another authentic document, which requisite is only required by article 20 of the Mortgage Law for the admission to record of titles executed after that law went into effect.</p> <p>Id. — Curable Depbcts. — Failure to describe a property by stating the four cardinal boundaries in a deed of purchase and sale, and failure to state the domicile of the firm acquiring the same under such deed, constitute curable defects which must be made to appear in the record in the registry of property.</p>

<p>Execution of Public Instruments — Certificate of Notary Before Whom Executed. — It is not necessary for a notary to certify to each declaration or stipulation contained in tlie different clauses of a public instrument, it being sufficient for bim to state, at the end of the document, that he certifies to the contents of the whole in order that such certification may apply to all of the words, stipulations, declarations, and conditions, real or personel, contained in the instrument.</p> <p>Id. — Certificate as to Acquaintance With Parties Executing Same. — Where a notary states in a deed that he is personally acquainted with all the parties appearing, and sets forth in the final clause thereof that he certifies to everything contained in said instrument, this last declaration is sufficient as a certification of his acquaintance with the parties executing the instrument, and the provisions of subdivision 3 of article 20 of the Mortgage Law will be deemed to have been complied with thereby.</p>

<p>Appeal — Evidence—Statement op Facts — Bill op Exceptions — Stenographer’s Notes. — Where in the transcript of the record filed on appeal no bill of exceptions or statement of facts is included, it is impossible for the appellate court to consider the questions based on the evidence taken at the trial, and the notes taken by the stenographer during the trial cannot be used as a substitute for either of these documents, and should form no part of the transcript.</p>