Volume 12 — Puerto Rico Reports

<p>Dominion Title — Description oe Property — Initial Petition. — Where the initial petition in proceedings to obtain a dominion title describes the property and gives all of the data required by Rule I of article 9 of the Mortgage Law, stating .the area in the system of measurement in vogue in the Island, although it may fail to state the equivalent thereof in the metric system, the petition will be deemed sufficient because it contains all the information necessary for the prosecution of the proceedings.</p> <p>Id. — Order oe Approval — Recordable Title. — A final order declaring the ownership of a property to have been proved to be in the petitioner is a sufficient title for the purposes of admission to record in the registry of property, the same being subject, nevertheless, to the power of the registrar to classify the title and possession as may be proper by reason of the curable or incurable defects if the property was not described as required by law.</p>

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

<p>Record — Consolidation of and Segregation from Beal Property — Intervention of Commissioner for Partition and DivisiON.-^-The consolidation of real properties and the segregation of parcels therefrom are acts which are purely discretionary and within the power of the interested parties, and where a property, constituted by the consolidation of two other properties, is awarded to certain heirs, such heirs have full power to agree to 'divide the same into the two original parcels; and the fact that such lands may have been awarded to them as a single estate upon the division of the property of their predecessor in interest, is no obstacle to such a division, nor is it necessary for the commissioner for the .partition and division of the property who made the division to intervene in the transaction, as his duties end upon the approval of the testamentary proceedings.</p>

<p>Agent — Acts op Ownership — Constitution and Liquidation op Partnership.— Where an agent is authorized to execute an instrument constituting a new partnership in representation of his principal, stipulating such conditions as may be agreed to by the partners and performing such other acts and doing such other .things as his principal might do if personally present, without any limitation whatsoever, he is not authorized, however, to liquidate in the name of his principal the former partnership, nor to transfer to the new partnership the undivided interest belonging to the latter in the assets of the old partnership, because as these are acts of ownership and alienation it is necessary that he should be expressly authorized to perform such acts in order that the same may be valid.</p> <p>Appeal prom Decision op Registrar op Property — Documents not Classified by the Registrar. — In the determination of an appeal from a decision of the registrar the court can not take into consideration any documents whatever which have not been previously considered and classified by the registrar in connection with the document presented for record.</p>

<p>Appeal from the District Court of San Juan.</p> <p>Tlie facts are stated in tlie opinion.</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>Decided on the same grounds as those stated in the opinion delivered in ease No. 79, Ex parte Hernández, page I.</p>

<p>ApplicatioN for a Writ of Inhibition.</p>

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

<p>Appeal on Proceedings for the Approval of a Bill of Exceptions and Statement of Facts Presented in the' District Court of San Juan.</p>

<p>Appeal — Bill of Exceptions — Statement of Facts — 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 should bo affirmed.</p>

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

<p>ApplioatioN for a Writ of Certiorari to the District Court of San Juan.</p> <p>The facts are stated in file opinion.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Manipest Errors.— Where there is no hill 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 should be affirmed.</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 Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Allegations — Cases in Which Defendant is an Estate — Obligations'—Acceptance of Inheritance. — Where a complaint is brought against an estate, it should designate the name oí each of the heirs or give some reason to justify the omission, and if it is sought to compel compliance with an obligation contracted by the predecessor in interest, it should likewise state whether the heirs received any inheritance from their predecessor, and if so, whether or not it was under the benefit of inventory, and in the absence of such an obligation it will be presumed that the heirs accepted the inheritance purely and simply, and if the acceptance was under the benefit of inventory, this fact should be alleged as a defense.</p> <p>Id. — Demurrer.—Where a complaint contains the defects found in the case at bar and to 'which the foregoing paragraph refers, it will nevertheless be sufficient if no special or general demurrer is filed thereto.</p> <p>Power oe Attorney — Attorney in Pact. — In the case at bar the authority of an agent to execute a promissory note in the name of his principal was denied, where such agent had a power of attorney in which he was authorized to administer, direct and manage all of the property, rights and actions possessed by his principal or to be acquired ,by him in the future, looking after their eomervation and development, leasing the same, and executing and performing all the acts usually executed or performed by a. zealous and careful manager, being charged with the duty of paying charges,, taxes, etc., and the wages and salaries of laborers and servants, he being-given the broadest and most effectual power of attorney to do and perform without any limitation all acts and things which the party executing the power of attorney might do and perform. Held: That although the power-to borrow money and execute promissory notes as security for debts and in payment- of goods acquired had not been expiressly conferred, it was necessarily included among the powers conferred for the general administration and management of the properties of his principal.</p>

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

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

<p>Demurrer — Return oe Imposts or Taxes. — An action to recover amounts paid by the plaintiff to the Insular Treasurer as imposts or taxes upon the sale of certain alcoholic preparations, and wherein it is alleged that the plaintiffs were obliged to make the payment of such sums to avoid criminal prosecution and that the payment was made against their will, erroneously and under protest, states a cause of action and cannot be assailed on the ground that it appears therefrom that the payment was made voluntarily and -without any legal obligation so to do.</p> <p>Appeal — Evidence—Statement of Facts — Approval of Judge — Agreement of Parties. — In order that questions involving the evidence taken during a trial may be considered by the appellate court, it is necessary that such evidence shall be set forth in a statement of facts, which must necessarily be approved by the judge, and it is sufficient that the parties may have agreed upon the-same with respect to the aceroacy ami truth of the statement without the approval of the judge.</p>

<p>Application for a Writ of Certiorari.</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>Done of . Guardian — Liability of Sureties for Guardian. — The liability of sureties on a guardian’s bond extends over the entire period of his office, and only -where a guardian presents new sureties and the accounts of Ms guardianship are approved to that date, or where he ceases to discharge the duties of his office for any of the reasons recognized by the law can the sureties be relieved of this obligation, and a guardian will not be required to constitute a new bond.</p>

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

<p>Forfeiture of Bond Furnished in Criminal Case — Failure of Accused to Appear — Diligence oe Sureties. — Where the forfeiture of a bond furnished in a criminal case is ordered, if the aecuáed and his sureties appear in court during that term of court and satisfactorily excuse his neglect to appear for trial, the court may vacate such forfeiture; but if, as in the ease at bar, the sureties merely show that they have been diligent in endeavoring to capture the accused, the forfeiture will not be vacated, because the thing to be satisfactorily explained is the failure of the accused to appear for trial, and not a lack of diligence on the part of the sureties on his bond in their efforts to-secure his appearance.</p>

<p>Appeal — Dismissal and Reinstatement op Appeal. — The Supreme Court has authority to set aside an order dismissing an appeal and reinstate the same wheie it was dismissed for failure to comply with the rules of the court and if reasons given by the appellant are good and 'sufficient to excuse such failure.</p> <p>Id. — In the case at bar the appeal was dismissed because ,the appellant failed to file his brief. The appellant prayed for a reconsideration of the order, and that the appeal be reinstated, alleging that the grounds of the appeal had Veen set forth in the statement of facts on the belief in good faith that this vas sufficient and that no brief was necessary, this practice having been expressly authorised by an order of court in another case where’ counsel for appellant appeared for one of the parties. Seld: That the error of counsel in this case was justified by an erroneous construction of the order referred to, and that in view of the circumstances of the case at bar the appeal would be reinstated.</p>

<p>Record — Curable Defect. — The omission in a recordable title of any of the particulars required to establish the identity of the parties in interest only constitutes a curable defect and does not render the obligation null and void, and therefore will not prevent- the document from being recorded in the registry of property.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Approval' by Judge.— The approval by the judge of a bill of exceptions or a statement of facts should not be made by an order of court, but in the form of an official certificate duly signed by the judge at the end of such do&uments.</p> <p>Appeal — Allegations—Exceptions—New Trial. — There is no legal provision to prevent an action from being based upon an account of which a promissory note constitutes the first item, but even if the complaint were demur-rable on that ground the demurrer -must be filed in due time before the trial court and the question cannot be raised on appeal as a ground for the granting of a new trial.</p> <p>Id. — Prescription—Evidence.—Where it is desired to allege prescription as 'a defense it must be expressly alleged either by way of demurrer or in the answer to the complaint, but this defense cannot be made use of as an objection to the admission of evidence, nor. can such objections be raised for the first . time on appeal, but must be deemed to have been waived where they are not raised in the inferior court.</p> <p>Id. — Cause op Action — Liquidation op Partnership and Adjudication in Payment op Interest Therein. — Where a partnership is liquidated and the adjudication is made of certain obligations existing in favor of the partnership to one of the partners in jiayment of his interest in the assets of the partnership, such partner has full capacity to proceed to collect and judicially demand compliance therewith.</p> <p>Id. — Admission of Irrelevant Evidence. — Where a trial is held tefoie a court without the intervention of a jury the admission of important evidence can hardly be considered as a fundamental error, because it is to be presumed that in the decision of the case the judge has considered the pertinent evidence, and disregarded that- which was irrelevant and it must be clearly shown that the admission of the evidence may have prejudiced the interests of a paity to the action in order to warrant the reversal of the judgment.</p> <p>Id. — Conflicting Evidence. — It is the province of the trial court to weigh the evidence, and where the evidence is conflicting the trial court must harmonize the conflict, and a judgment will not be reversed unless the appellate court, upon an examination of the evidence, finds that there is absolutely no evidence to justify the judgment.</p>

<p>Appeal — Mortgage—Procedure for Foreclosure Thereof. — An order of an inferior court in summary foreclosure proceedings requiring the defendant to pay to the plaintiff the amount demanded within the period of thirty days, with the warning that if he failed to do so the property would he sold at pubile auction to satisfy the mortgage, is not appealable to the Supreme Court.</p> <p>Id. — Stay of Proceedings. — Summary proceedings for the foreclosure of mortgages cannot be, stayed by incidental issues or any other means adopted either by the debtor, third possessors or any other interested party, except in the exceptional cases provided for by article 175 of the Regulations for the Execution of the Mortgage Law, and all- the claims referred to by said article^ must be prosecuted by means of the proper ordinary action.</p> <p>Id.- — Procedure in Force. — The summary procedure for the recovery of mortgage credits is in force in so far as the first part is concerned, that is to say up to-that stage of the proceedings at which the mortgaged property is ordered to be sold at public auction, the procedure to be followed subsequently thereto however being that provided for by the Act of March 9, 1905, for the-execution of judgments.</p>

<p>Appeal — Evidence—Verdict—New Trial. — The probative force to be given to evidence for the prosecution which is contradicted or explained by the evidence for the defense is a matter within the exclusive province of the jury, and is not subject to review by the appellate couit; and wheie the verdict is contrary to the weight of the evidence the defendant, should, on that ground, move for a new trial, the power to grant or deny which is discretionary.</p> <p>Id. — Verdict Manifestly Erroneous or the Result of Partiality, Passion or Prejudice. — As a general rule the Supreme Court will not review the decision of the jury upon a question of fact unless it is clearly erroneous or the result of partiality, passion or prejudice.</p> <p>Id.' — Recommendation of Clemency. — A judge is not bound to mitigate the punishment to be imposed upon a defendant simply because the jury in rendering its verdict recommends him to the clemency of the court, because aside from the fact that such a recommendation cannot be considered as a part of the verdict, in rendering which the jury should confine itself to finding the defendant guilty or not guilty, and in proper cases indicating the degree of the crime, the judge is, charged with the responsibility of pronouncing sentence upon the accused and may, therefore, disregard such a recommendation.</p>

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

<p>Record in Eavor, oe a Different Person Prom ti-ie One Who Executes the Deed of Conveyance or Encumbrance. — Where the registrar does not deem the documents presented to him sufficient to establish the location of the lands sought to be recorded by the petitioner, and it appearing from the same entries in the registry that said lands may be the same ones recorded in the name of a person other than the one conveying the same to petitioner, it would be improper to admit them to record.</p>

<p>COMMERCIAL PARTNERSHIP — CAPACITY TO PERFORM ACTS OF OWNERSHIP-PUBLIC Instruments. — Certificates issued by registrars of property are solemn public instruments which are admitted as authentic both in and out of court, and where in such a document all the facts relating to the constitution and method-of carrying on a commercial partnership appear, the legal capacity of such partnership to execute a voluntary mortgage cannot be ignored.</p> <p>Id. — Right to Use Paetkership Signature. — Where it is provided in an instrument constituting- a partnership that certain managing partners only may use the partnership signature in transactions of the firm, such provision cannot be construed to mean that they must all exercise that right together, but that they may only do so to the exclusion of the other partners.</p>

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

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

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

<p>Information — Defective in Form. — Failure to state in an information before what official the witnesses upon whose testimony it is based were sworn does not constitute a fundamental defect, but merely a defect in form.</p> <p>Id. — Objections as to defects in form must be made before the trial court, and cannot be raised for the first time on appeal.</p> <p>Judicial Notice — Subsecretary or Acting Secretary of .District Court. — • Subseeretaries or acting secretaries of district courts are not officials of whose appointment and official signatures the courts of Porto Kico may take judicial notice.</p> <p>Information — Oath—Error Which Does Not Prejudice the Substantial Bights of the Parties. — An information sworn to befoi’e an acting secretary is not properly, sworn to because sueli officer is not authorized to administer oaths or take affidavits; but where such a defect has not been alleged in the trial court it cannot be made the basis of a reversal,-because it is not an error which would tend to prejudice the rights of the accused.</p> <p>Id. — Rape—Sufficiency of Information. — Where an information alleges the commission of rape by the use of force and violence against the will and without the consent of the female, such an allegation is equivalent to a statement that she offered resistance which was overcome by violence, or that she was prevented from offering resistance by threats' of serious and immediate bodily harm, accompanied by the apparent ability to carry such threats into execution; in this respect the information must be deemed to be sufficient, especially if no objection is made in due time.</p>

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

<p>Application for a Writ of Mandamus.</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>Statement of Pacts — Documents Forming Part of Judgment Roll. — Documents forming part of the judgment roll should not be included in the statement of facts, which should only contain a clear and succinct statement of all the evidence taken at the trial.</p> <p>Appeal — New Trial. — In cases where the court finds it impossible to form a judgment which would permit of a final decision because of the necessity to clear up certain matters of fact, the case should be remanded to the trial court with instructions to proceed to hold a new trial.</p>

<p>Record — Incurable Defect — Attorney in Fact — Power of Attorney. — In acting for his principal an attorney in fact must follow the instructions received therefrom, and in the ease at bar, the attorney in fact having been authorized to receive in the name of his principal (as husband and wife) the deed of sale to a house and lot, he could not, without violating his instructions, receive such deed in the name of one only of said principals when he should have accepted it in the name of both (the husband and wife), and therefore the attorney in fact not having followed the instructions given by his principals, rhe deed contains an incurable defect which prevents it from being recorded in the registry of property.</p>

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

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

<p>RECORD — Separate Property op Each Spouse. — A contract for the sale of real property executed in favor of the wife with the consent and concurrence of the husband in accepting and ratifying the deed and giving his consent to the admission of the same to record in the registry in the name of the wife as her sole and exclusive property is recordable, because the simple conjecture that it may involve a donation or gift between the husband and wife, which is prohibited by section 1301 of the Civil Code, cannot serve to invalidate such a contract which appears to be perfect and clothed with all the necessary requirements for its validity.</p> <p>Community Property. — Although all property of the husband or wife is deemed to be community property so long as it is not proved that it is the private property either of the husband or the wife, this is a presumption juris tantum, subjeet to proof to the contrary, and therefore, the wife, under the circumstances in the ease at bar, may at any time show that property is exclusively hers, and there is nothing to prevent the same from being .so recorded, as this does not definitely pre-judge or dispose of the question of the ownership of sueh property, and the parties may at any time exercise their rights in respect thereto.</p>

<p>Information — Defect in Dorm. — Failure to state in an information before what official the witnesses upon whose testimony the same is based were sworn does not constitute a fatal defect, but merely a defect in form.</p> <p>Bape — Burglary.—In the case at bar it was alleged that the defendant having been convicted of rape, in the commission of which crime he necessarily had to commit burglary, with which he was charged, he could not be punished for the latter crime, in accordance with the provisions of section 44 of the Penal Code. Held: That although the facts in the record are not sufficient to admit of a discussion of the point, section 44 cited would not be applicable in any case, inasmuch as that section has reference to a case ivhere one and the same act or omission is punishable under two different provisions of the Code, whereas in the case at bar two different acts are involved which constitute different crimes — that is to say, burglary and rape.</p>

<p>Appeal from a decision of the Eegistrar of Property of Arecibo. ■ '</p> <p>The facts are stated in the opinion.</p>

<p>Record — Identity oe Properties — Differences in Acreage. — Small differences appearing between the actual acreage of property and the records thereof in the registry of property and the documents presented for record are not sufficient to warrant a decision to the effect that the property is not identified, and especially when there is no difference in the boundaries, registrars should set forth the differences in the registry in the manner provided for by the Regulations.</p> <p>Id. — Payment of Difference in Price of Sale After Recording Deed. — It having been agreed by the parties to the deed of purchase and sale involved in this appeal that if, after a survey of the properties sold, any difference should appear, either more or less, in the acreage, either the purchaser of the vendor, as the case might be, should pay at the rate fixed in said deed for such difference, it is evident that the difference ^appearing in favor of the vendor in one of the properties sold and which has been made to appear by the parties in a supplementary deed of purchase*and sale, must be valued at the price agreed upon; and the payment thereof must be made to appear in the registry of property in accordance with the provisions of article 16 of the Mortgage Law.</p>

<p>Mortgages — Community Property — Consent op Wipe — Incurable Defect.- — ■ Mortgage credits being considered real property, in order to consummate tbe conveyance thereof, the express consent of the wife is necessary where they have been executed in favor of either of the spouses as community property; without this requisite the deed of conveyance will be deemed to be incurably defective and cannot be recorded in the registry of property.</p>

<p>Agreement oe Defendant. — Where a defendant has agreed to the demands of the idaintiff in applying lor a writ of mandamus the writ becomes unnecessary and should be denied.</p>

<p>Certiokaei — CONTINUANCE of Trial.' — An order of an inferior court directing a continuance or postponement of a ease rests in the sound discretion of the court and is not subject to review under a writ of certiorari.</p>

<p>Appeal — Notice op Appeal — Service op Notice.- — Where it appears from the record that the notice of appeal was filed in due time and served on the opposite party within the period allowed therefor and no evidence appearing to show the contrary, the appeal should not be dismissed on the ground that it was taken out of time:</p> <p>Citation — Appearance op Party — Jurisdiction.—Voluntary appearance by a party is equivalent to service of personal notice by the delivery of a copy of tlie complaint, and from the moment of such apqiearance the court acquires jurisdiction of the parties, all subsequent proceedings being submitted thereto.</p> <p>Heirs — Partition op Inheritance — Properties Belonging to Inheritance Sjt-uated in a Foreign Country — Jurisdiction.—The defendants in this case having submitted to the jurisdiction of the District Court of San Juan, their situation with respect to the proceeding is the same as that of the heirs of a citizen of Porto Rico dying in a foreign country and-leaving property, both real and personal, situated in this Island and in a foreign country, and under these circumstances the jurisdiction of the district court to order the liquidation and partition of all the properties constituting the hereditary estate cannot’ be attacked, because the rights of an heir cannot be defined and determined by taking into account only the property situated in Porto Rico to the exclusion of that situated in a foreign land, thus dividing the whole to the prejudice of his rights.</p> <p>Id. — Testamentary Transactions — Laws op the Country in Which Part op the Property is Situated. — The appellate court sustains the opinion of the trial court to the effeet that real property belonging to the inheritance being situated in a foreign country wherever necessary the laws of the country in which such property is situated should be applied in conducting the testamentary proceedings; and if such- laws prohibit the acquisition of real estate by a foreigner or limit the extent of such aequisitioD, those laws must be respected, because, the jurisdiction of the courts of one state cannot affect the real property situated in another.</p> <p>Id. — The principle referred to in the foregoing paragraph does not imply a want of jurisdiction in the inferior court to direct that in determining and fixing the rights of one of the heirs the total or whole of the properties left by the-predecessor in interest be taken into account, because in so doing it did not specify that certain real properties be awarded to the plaintiff, and the action of the court, therefore, does not affect any definite or specific property situated in a foreign country, because the establishment or determination of hereditary rights does not necessarily involve possession or ownership of specific properties; but it is the distribution of the property of the deceased! which comprises or includes the whole of the estate left by him.</p> <p>Id. — Proceedings oe Foreign Courts. — The courts of the foreign country in which a part of an inheritance may be situated having jurisdiction thereof, the legal effects of the proceedings had "before them must be respected, and the courts of Porto Rico caimot take action contrary thereto; the interested parties may, however, appeal from their decisions and exercise such rights' as they may be entitled to exercise in whatever manner they -may deem proper.</p>

<p>Appeal — Orders or Decisions oe an Interlocutory Nature — Exception.—Although according to the provisions of section 305 of the Code of Civil Procedure the court, in addition to reviewing the order appealed from, may review any other interlocutory order or decision possessing the character required by ilie said article, it must he understood that this is only when an exception to the order overruled has been entered, as otherwise it will he deemed to have been consented to and cannot he considered on appeal.</p> <p>Accidents — Damages and Losses — Failure to Comply with Contract. — -The provisions of section 6 of the Employers’ Liability Act are applicable 'where the action brought is for the purpose of requiring the employer to assume the responsibility imposed on him by law for the injuries or death' sustained by the employee, but it is not applicable where the liability is incurred from some other or different cause, such as failure to comply with a contract entered into with the employer.</p> <p>Id. — Oaxisb op Actiox. — In the case at bar the plaintiff bases his cause of action upon the failure of his employer to comply with a contract entered into with him and wRoveby he bound himself to keep the employee in work so long as he should not demand payment of the indemnity provided for by law for injuries sustained by the plaintiff. Held: That the provisions of section 6 of the Employers ’ Liability Act are not applicable to this ease, and failure to comply therewith is not a ground for demurrer alleging that plaintiff has no cause of action.</p>

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

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

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

<p>ApplicatioN for a Writ of Certiorari.</p>

<p>Appeal — Conflicting Evidence. — Where the testimony of witnesses is contradictory, in the absence of any extraordinary circumstance, such as fraud or manifest; incredibility, the appellate court must accept the conclusions or findings of the trial 'court upon the evidence upon which the judgment of the trial court is based.</p> <p>Unlawful Detainee — Possession and Indemnity of Property. — Where, in an action of unlawful detainer based on the fact that the defendant is a tenant at sufferance, the plaintiff fails to prove that the property referred to in the complaint is the same one held by the defendant, the latter will not he required to introduce any document whatever to show the title under which he is in possession.</p>

<p>Neks — Agent.—It not having been proved that the ‘action referred to' in the1 , complaint in the ease at bar for the recovery of fees, and out of which this suit arises, was prosecuted by one of the defendants as the agent or the other, it is impossible to hold the latter responsible for the payment of the costs which the former was adjudged to pay in said action; and in regard to the defendant who was required to pay such costs, as the amount-of the fees claimed in this ease have not been provea, the complaint should be dismissed.</p>

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

<p>Evidence — Presumption Against Party Failing to Introduce His Best Evidence. — Where a party has had an opportunity to introduce better evidence than tnat presented during a trial and fails so to do, it will be presumed that the result of such evidence, if presented, would have been prejudicial to his interests.</p> <p>Id. — Testimony oe Witnesses. — Where a witness in testifying refers to entries made in a book and makes use of the book solely for the purpose of refreshing his memory and testifying with respect to the entries therein contained of his own knowledge, such evidence must be considered as oral testimony and will be effective as such.</p>

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

<p>Appeal — Bill of Exception's — Statement of Facts — Manifest Errors. — Where . there is no hill of exceptions or statement of facts, and it not appearing^from the j-'ecord that any error was committed which would warrant the reversal of the judgment appealed from, the same must he affirmed.</p> <p>Crime against Public Justice — Punishment.—The fact .that a defendant is punished hy imprisonment in jail only, where the law provides for a fine and imprisonment for violation of section 137 of the Penal Code, is no reason for increasing the punishment of the defendant on appeal, nor will such circumstance render the judgment null and void; in fact far from this, such an error is favorable to the rights of the accused.</p>

<p>Dine — Subsidiary Imprisonment for Failure to Pat Pine. — Subsidiary imprisonment imposed for failure of a defendant to pay a fine to which he has been condemned by the district court, must not exceed one day for' each dollar so remaining unpaid.</p>

<p>Complaint — Requirements—Place in Which Chime Is Committed. — The formalities for the drawing of complaints are much less strict than those required for an information, and where in a complaint the place where the crime was committed is not, specified, hut it is stated that it was committed within the judicial district of the municipal court in which the complaint is filed, it will he sufficient, although it would he a better practice to specify the exact place in which the crime was committed.</p> <p>Complaint Not to Be Signed bt Fiscal. — Although it is necessary that an information he signed by the fiscal, there is no provision whatever requiring this formality with respect to complaints, which may he brought under a' sworn affidavit of the complainant or of the officer arresting the defendant.</p> <p>Assault and Battery witi-i Aggravated Circumstances — Treachery.—The act of the accused in discharging three shots from his revolver at the complainant is sufficient to warrant the crime being classified as assault and battery with aggravated circumstances, and the existence or absence of treachery on the part of the accused has nothing to do with the classification of the crime or the imposition of the punishment.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Manifest Errors. — Where there is no bill of exceptions or statement of facts, and it not appearing from the record that any error has been committed which would warrant the reversal ol the judgment appealed from, the same must 1 e affirmed.</p> <p>Continuance oe Tbial. — Where it does not appear from the transcript of the record what the reasons were upon which a motion filed by the defendant praying for a continuance was based, it must be presumed that the order overruling the motion was in accordance with law, and such an order can not be attacked on appeal.</p>

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

<p>Mortgage to Secure Obligations Negotiable by Indorsement. — Notes payable to order are negotiable by indorsement, and where a mortgage is constituted to secure the payment of such notes, the mortgage right will be deemed to have been transferred with the note, whether contracted 1 efcween private parties, railroad companies, banks, or other corporations.</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 Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Municipal Corporation — Legislative Powers. — A municipal ordinance regulating the collection of garbage and refuse and the manner in which the same must be exposed by the residents of the city, and providing that the receptacles therefor must be furnished by the owner of the property, without making any difference between them, is a valid exercise of municipal powers tending to protect the health of the community.</p> <p>Appeal — Notice oe Appeal. — Where the notice of appeal is not included in the transcript of the record, the appeal must be dismissed.</p>

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

<p>Appeal from tlie District Court of Ponce.</p> <p>Tlie facts are stated, in tlie opinion:</p>

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

<p>Appeal — Bill op Exceptions — Statement of Facts — Manifest Errors.— Where there is no bill of exceptions or statement of facts, and it not appearing from the record that any error -whatever 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 San Juan.</p> <p>'The facts are stated in the opinion.</p>

<p>Jurisdiction — Nullity of Contracts — Usurious Interest. — Municipal courts have jurisdiction in actions involving the nullity of a contract of loan, by reason of usurious interest being stipulated therein when the amount involved, together with interest, does not exceed $500, and it cannot be successfully alleged that in these cases district and municipal courts have concurrent jurisdiction, because the jurisdiction of the municipal courts is exclusive.</p>

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

<p>Appeal from a Decision of tbe.Registrar of Property of Ponce.</p> <p>Tbe facts are stated in tbe opinion.</p>

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