Volume 13 — Puerto Rico Reports

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

<p>Complaint--Exhibition op Obscene Books and Prints. — Eor tlie purposes of a complaint charging a violation of subdivision 3 of section 283 of the Penal Code, it is sufficient to state therein, in general terms, the fact that the book, print, or plate exhibited was obscene, as provided by section 91 of the Code of Criminal Procedure.</p> <p>Id. — Place op Commission/of Crime. — Prom, the coinplaint filed in this case it is seen that the crime was committed at a place included within the jurisdiction of the court, but the better practice is to state, clearly and definitely, the place at which the crime is committed and the court or district within whose jurisdiction the place is situated.</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>Allegations — Prescription.—To allege the law of prescription as a defense is a personal privilege and. must be made expressly either by demurrer or answer, as otherwise it will be deemed to have been waived.</p> <p>Id. — Interruption.—Generally the prescription of actions, according to our law, is subject to evidence of its interruption, and such evidence cannot be offered if prescription has not been expressly alleged, and therefore a judge cannot, ex officio, hold that an action is barred by prescription.</p> <p>Id, — Natural Child — Action of Filiation — Want of Cause of Action — Want of Legal Capacity to Sue. — The fact that in the complaint the age of the plaintiff is not stated, for the purpose of showing whether he has the necessary capacity to prosecute an action for filiation involves a -want of legal capacity to sue, and cannot serve as a ground for demurrer alleging that • he has no cause of action.</p> <p>Id; — Evidence of Eii.iation — Certificate of Baptism. — Although the statements contained in a certificate of baptism do not in themselves constitute evidence of filiation, they constitute, nevertheless, an element of proof which may be considered, which taken together with the other evidence introduced at the trial, may serve to establish the right of the party.</p> <p>Status of Natural Child. — In order to possess the status of a natural child it is only necessary that there be a continuation of facts showing one person to stand in the uninterrupted relation of natural child of another person.</p> <p>Appeal — Reversal of Judgment of the Inferior Court — Judgment.—Where the judgment of the inferior court is reversed on appeal, the appellate court must proceed to render such judgment as should have been rendered in the fiist instance.</p>

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

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

<p>Appeal — Evidence.—It appearing from the evidence taken in this case that the only testimony against the accused is in itself contradictory and is therefore without legal value upon which to base a conviction, that it is not supported by the other elements of proof brought to the trial, the judgment appealed from should be reversed.</p>

<p>Crimes Against the Public Peace. — Every person who wilfully disturbs or disquiets any assamblage of people met for any lawful purpose, such as religious worship, is guilty of disturbing the public peace;</p> <p>Id. — The evidence taken in the ease at bar having shown that the accused, voluntarily and with intent to molest and disturb the services held in a neighboring church, played his phonograph during the hours when such services were held, he is guilty of the crime of disturbing the public peace, because although, generally, music can not be classified as noise, nevertheless, for the purposes of section 358 of the Penal Code, it may, under the conditions of time and place and in relation with the state of mind of persons hearing the same, become a noise, as occurs in the present ease.</p>

<p>Complaint — Place at Which Crime is Committed — Demurrer.—Where a complaint fails to state either the place or the judicial district within which a crime is committed and no objection is raised to the complaint before the trial court, such complaint will be deemed to be sufficient.</p> <p>Id. — Although it is not expressly required, as in the case of an information, that the complaint state that the crime was committed at a place within the territorial jurisdiction of the court, and although the same formalities are . not required for a complaint as for an information, nevertheless, good practice requires that the place at which the crime is committed be expressly set forth in a complaint as well as in an information, and where proper and opportune objection is made in this respect, it must -be sustained.</p>

<p>Appeal — Bill of 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>Pine — Subsidiary Imprisonment. — Subsidiary imprisonment for failure to pay fine which may be imposed by district courts, must not exceed one day for each dollar of the fine which the accused fails to pay.</p>

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

<p>Expropriation — Appeal from the Verdict of the Jury. — District courts have no power or authority to refuse to entertain on appeal the verdict of a jury in expropriation proceedings, and therefore the mere presentation to the secretary of the notice of appeal is sufficient in order that the appeal may he deemed to he admitted, and no order of the court to that effect is necessary.</p> <p>Tn. — Decision of Appeal. — The period of 15 days provided for by section 18 of the expropriation laws of March 12, 1903, within which to decide appeals from verdicts of juries and according to which section the time must bs counted from the admission of the appeal, must be understood to mean from the perfection of the appeal, which takes place when the notice of appeal is filed, and it is not necessary for the appellant to take any action whatever in order that the court may hear and determine the appeal.</p> <p>In. — Upon the filing of the notice of appeal with the secretary, he should call the attention of the court to that fact, and the case should be set down for hearing at some time within the 15 days prescribed by law, but this period prescribed by the law within which the appeal shall be decided is not a mandatory limitation, but merely directory, and when the circumstances require, the court may hear and decide the appeal after the expiration of such time.</p>

<p>Contracts — School Board — Contracts Signed Separately by the Members of the Board When not in Session — Ratification of Board. — A contract executed and signed individually by the members of a school board when not in session, although the form of the contract is legal, cannot be considered as having been executed by the board itself, unless the board should ratify it in regular session, as it has the power to do, and in such a case the contract would be binding as though executed by the board in so far as not ultra vires.</p> <p>Id. — Novation.—The novation of a contract in order that it may be binding should be clear ■ and by mutual consent, and the existence of such mutual consent must be proved beyond a doubt with respect to the intervention of the contracting parties</p> <p>Id. — Rescission—Appeal—Contradictory Evidence. — The alleged rescission of a contract by one of the contracting parties must be proved by definite facts showing his intention to rescind it, but where the evidence is contradictory, the findings thereoD of the trial court must be accepted by the appellate court.</p> <p>Id. — Notice of Date and Place of Board Meetings. — The provisions of section 9 of the School Law of 1903 are not applicable to a ease involving the execution or ratification of a contract of lease of an urban estate by the school board, it being unnecessary that the formalities prescribed by that section for the holding of a session with that object in view should be complied with.,</p> <p>Id. — Powers of School Boards. — The majority of the general principles governing municipal corporations are also applicable to school boards which, under section 7 of the School Law, have a very wide authority and, among other things, they are given the power to rent buildings for school purposes.</p> <p>Id. — Limitation or Powers of School Boards to Contract Debts or Obligations. — A contract executed by a school board extending for a term of years to supply water, light, and the like, may be supported as valid, because it is ' hot a violation of the prohibition contained in section 21 of the Compiled School Laws of 1904, and therefore a contract for the lease of a house for a certain number of years for school purposes may be sustained and considered binding under said section.</p> <p>Id. — Authority or School Board to Execute Contracts Binding cx Ti-ieir Successors.- — In general terms, where the particular contract is not for a necessary thing, or where the term is unreasonably long, considering the nature of the corporation, or when any fraud attaches, such eontiact will not be sustained.</p> <p>Id. — In the case at bar the school board of Guayama executed a contract for the lease of an urban property, for the term of five years, to be used for an industrial school; according to the testimony of witnesses, the building leased was the only one in the city appropriate for that purpose, and it was stipulated in the contract that, in case the Department of Education should erect a building, the eontarct would be considered rescinded. Held: That in view of the circumstances of the case it cannot be considered that the contract of lease executed ivas an unjustifiable exercise of the authority of the board.</p> <p>Appeal — Bill op Exceptions — Statement op Pacts. — The stenographer’s notes should not be included in the bill of exceptions or statement of facts. The evidence should be set forth in those documents in narrative form, in accordance with the numerous decisions of the Supreme Court.</p>

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

<p>Allegations — Demurrer— Cause oe Action — Unrecorded Titles — Third ' Parties. — Allegations to the effect that the plaintiff is the owner of the property sought to be recovered and in regard to which he prays for the annulment of execution proceedings against the same, that he acquired his property by publie deed executed by a third person claiming to be the owner thereof,- are sufficient to constitute a cause of action, and the fact that it appears from the complaint that plaintiff’s title has not been recorded is not sufficient to warrant the dismissal of the complaint upon the ground that plaintiff has no cause of action under the provisions of article 389 of the Mortgage Law,, which is applicable only where it is sought to present to the court an unrecorded title to the prejudice of a third party — that is to say, a person with a previously recorded title — and in the ease at bar, it has not been shown that the defendant stands in that position.</p> <p>Id. — Claims oe a Third Party With Respect to Property Levied Upon — Jurisdiction. — The application of the provisions of sectoin 247 of the Code of Civil Procedure in an action to'recover property and vacate an order of execution against the same, cannot be considered on general demurrer, because if the defendant desires to attack the complaint under the said provisions, he must allege want of jurisdiction.</p>

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

<p>Elections — Contesting Election of Official — Allegations.—The word “during” (durante) used in a complaint in the sense that the plaintiff paid taxes during a certain fiscal year, for the purpose of showing his capacity to appear as a candidate for the office of alcalde js equivalent to and has the same signification as the word “in” used in the English text of section 8 of the Municipal Law of March 8, 1906.</p> <p>Id. — General Demurrer. — In an action to contest the election of a candidate for an electoral office the complaint must deny each and every one of the facts necessary to the eligibilty of the defendant, as otherwise it will be defective in that it does not state facts sufficient to constitute a cause of action.</p> <p>Id. — Gases in which a Candidate Has Not Capacity to Discharge the Duties of the Office. — Where a candidate elected is ineligible the courts may declare the office vacant by means of an adequate proceeding; however, in such cases the candidate receiving the next highest number of votes cannot be-declared elected to the office, but the governor must appoint a person to fill, the same.</p> <p>Id. — Proceedings to Contest Election. — The proceeding provided for by the act. prescribing the manner of contesting the election of officers, etc., approved March 7, 1907, is applicable only in those cases where, if the complaint is sustained, the plaintiff; will have a right to be declared elected to the office, and not where the election is contested on the ground of ineligibility or lack of capacity of the candidate elected.</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 the Registrar of Property of Ponce.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from a Decision of the Registrar of Property of Mayagüez.</p> <p>Tlie facts are stated, in the opinion.</p>

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

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

<p>Appeal — Weighing op Evidence — Conflicting Evidence. — The weighing of conflicting evidence, and the matter of the credibility of witnesses, ,is within the province of the court or the jury, mere contradictions in the evidence not being sufficient to warrant the reversal of the judgment.</p> <p>Id. — New Trial. — The principle above set forth is not affected by the fact that appellant made a motion for a new trial, for the granting or refusal to grant a motion for a new trial is a matter within the discretion of the trial court.</p> <p>Purchase and Sale. — A contract of purchase and sale is perfected by the mere consent of the parties and their agreement upon the price of the thing sold, the execution of a public deed being unnecessary.</p>

<p>Appeal from the District Court of Gfuayama.</p> <p>The facts are stated in tbe opinion.</p> <p>The respondent did not appear.</p>

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

<p>Application for a Writ of Mandamus.</p>

<p>LEGAOY-PROHIBITION TO ALIENATE — ENCUMBER, ETC.-USUFRUCT.-In the will involved in the case at bar, the testator, in making a bequest in favor of his son, set forth the following: "That the legatee shall not alienate, barter, encumber, or mortgage the urban property belonging to him by virtue of such bequest, but may only enjoy the usufruct thereof and preserve the property for his legitimate descendants." Held: That the prohibition of the testator was absolute, and limited not only the property itself, but the usufruct thereof, and that the legatee could not assign the latter to a third party.</p>

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

<p>Evidence — Refusal Thereof. — It is not error for a court to refuse to admit in evidence a document the authenticity of which is not duly shown and the probatory value of which, for the purposes of the ease, proves insufficient on ■ the-ground thar it throws no light on the matter in controversy.</p> <p>Allegations — Uniting Different Causes of Action. — Although a plaintiff may unite several causes of action in the same complaint when they arise out of the classes referred to in section 104 of the Code of Civil Procedure, all the causes of action so united must belong to one only of such classes, affect all the parties to the suit, not require that the trial thereof be held at different places, and that the defendants be separately tried.</p> <p>Id. — It is a well-established principle that when a complaint states more than one cause of action, each cause must show facts necessary to complete the same, because although they all be alleged in the same complaint, nevertheless, for the purposes of the action, they are fully as separate and distinct as if stated in separate complaints, and each must contain independently all of the facts necessary to constitute a cause of action. .</p> <p>Id. — Omissions in Any of the Causes of Actions Joined. — Omissions in stating causes of actions that are united cannot be supplied by facts stated in other causes of action, unless special reference is made thereto and they are adopted as a part of the cause of action in which such omission occurs.</p> <p>Id. — Divorce—Adultery—Grave Injuries. — The seventh allegation of the complaint in this case reads: “7. That the defendant continuing the conduct commenced has gone to the point of absolutely forgetting her marital duties and has ended by failing in conjugal fidelity, being at the present time an adultress, and gravely injuring her husband by sustaining amorous relations with another man. ’ ’ The appellant alleges that two causes of action are contained.in his allegation, that of adultery and grave injury. 3eld: (a) That even supposing that two different causes of action had been alleged, as they are not separately stated, there has been a manifest infraction of section 104 of the Code of Civil Procedure. (6) That as that allegation of the complaint is drawn it is impossible to deduce more than one cause of action therefrom — • that is to say, adultery — because amorous relations being an essential element of adultery, the allegation thereof tends to strengthen and support the facts, rather than to state a distinet fact, constituting the essential ground of the complaint, which is adultery.</p>

<p>Action for Rescission — Alienation oe Real Property Subject to Reservation — Record of Right of Reservation — Third Party. — Alienations of real property subject to reservation, made by the widow or widower after contracting a second marriage are not null in law, but are subject to rescission where upon their death they leave legitimate descendants from the first marriage, but such an action for rescission cannot be prosecuted to the prejudice of a third party having his right recorded when it has not been made clearly to appear m the registry that such property was subject to reservation. This doctrine is applicable to the eases of reservation referred to in section 799 of the Civil Code.</p>

<p>Mandamus — Object Thereof. — Where the writ of mandamus is issued the object must be to compel the performance of some act which- the defendant is bound to perform by reason of his public appointment, office, or duty.</p> <p>Id. — Public Service Corporations — Regulations For the Furnishing of Elec-trio Current. — A public service corporation, holding itself out to furnish electric current lor lighting and industrial purposes, has,the power to impose, as a condition for the consumption of the current furnished, the discontinuance thereof in ease the monthly rates are not paid, and it may require its patrons to make a deposit to guarantee the payment of the electric current consumed monthly.</p> <p>Id. — Cases, in Which a Company Abuses its Powers. — Where a company abuses the powers referred to in the foregoing paragraph, the aggrieved party may resort to a competent court and obtain relief by the writ of mandamus, and if the court, in view, of the evidence introduced, considers that such an abouse of power has occurred, may restore his rights to the aggrieved party, but if it is not shown that the company is in duty bound to furnish electric current to the plaintiff, the writ will be denied.</p> <p>Id. — Consignation.—In the case at bar, the plaintiff refused to pay the company the amount of a bill for electric current consumed in his house because he deemed it excessive, and the company discontinued furnishing him with such current. It was alleged in the petition that the meter was out of order and that the plaintiff ivas ready to pay what he really owed for current consumed, and made a consignation before the proper judicial authority to the amount of another bill pending payment and about which there was no dispute, and he prayed than the company be required to continue to furnish him with electric current. Reid: That it not having been shown that the meter was out of order, or that the plaintiff did not owe the sum demanded by the company, and there being no means of determining the date upon which the consignation was made, or whether or not it -was sufficient, the writ should be denied.</p>

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

<p>Recced — AttoeNey in Fact — Cubable Defect. — It not having been legally shown that the president of the appellant company in this case is authorised to contract for and accept in the name of the company, the deed of sale to which this appeal refers, contains a curable defect which must be made to appear in the refeord.</p>

<p>Pine — Subsidiaba Imprisonment. — Subsidiary imprisonment imposed upon a defendant for failure-to pay a fine must not exceed one day for each dollar remaining unpaid.</p>

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

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

<p>Appeal — Judgment and Criminal Cases. — The judgments rendered by District Courts on appeal irom Municipal Courts, must not affirm the judgment rendered by the inferior court, but the case must be tried de novo and judgment must be rendered on the result of the evidence therein taken.</p>

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

<p>Appeal — Judgments in Criminal Cases. — Judgments rendered by the district court on appeal from municipal courts must not affirm the judgment of the inferior court, but as the trial is held de novo they must proceed to render a new judgment in accordance with the result of the evidence.</p>

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

<p>Appeal — Bill of, 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 warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Fine — Subsidiary Imprisonment —■ Costs — Municipal Courts — District Courts. — Subsidiary imprisonment for failure to pay a fine and costs imposed by municipal courts must be at the rate of one day for each fifty cents of the fine and costs remaining unpaid, and these courts have no discretion whatever to reduce the term of imprisonment. The district courts have the power to impose imprisonment for failure to pay a fine not to exceed one day for each dollar which the accused fails to pay, but this rate may be reduced in the discretion of the court.</p> <p>Appeal — Evidence—Statement oe Facts. — In order that the Supreme Court may consider on appeal the evidence taken during the trial, the same must be included in a bill of exceptions or statement of facts.</p>

<p>Appeal — Bill oe Exceptions — Statement op Eacts. — In the absence of a bill of exceptions or statement of faets containing the evidence introduced at the-trial, only such documents as constitute the judgment roll may be considered on appeal.</p> <p>Id. — Appeal Eeom Municipal Coubts.- — In appeals from municipal courts, district courts must proceed to try the case de novo upon the original complaint and after the evidence is taken and the parties are heard, such judgment as may be .proper must be rendered absolutely independent of the judgment rendered by the municipal court.</p> <p>Fine —• Costs — Subsidiary Imprisonment — Justice Courts — Municipal Courts. — Subsidiary imprisonment imposed by justice courts and municipal courts for failure to pay a fine and costs, must be at the rate of one day for each 50 cents of the fine and costs, and such courts have no discretion either to increase or diminish the term of imprisonment so calculated. Sueh imprisonment, however, must not exceed the term of 90 days.</p> <p>Id. — District Courts.- — District courts have the power to impose subsidiary imprisonment for failure to pay a fine, but such imprisonment must not exceed one day for each dollar of the fine and the term of imprisonment may be less, but such courts have not the power to imprison defendants for failure to pay costs, and the whole term of the imprisonment to which a defendant may be so condemned must not exceed the term to which he might be condemned for the commission of the crime.</p> <p>Judgments in Criminal Cases. — Compliance with judgments rendered in criminal eases must not be left to the election of the accused, and where a defendant is condemned to pay a fine, it must be stated therein that upon failure to pay such fine, he shall be imprisoned for the proper term or until such fine shall have been paid.</p>

<p>Appeal — Bill of Exceptions — Statement op Pacts — 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 warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

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

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

<p>Appeal — Bill op Exceptions — Statement of Pacts — Manifest EekoRS. — 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 warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Manifest Ekrobs. — 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 warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

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

<p>Appeal — Manifest Errors. — It not appearing from the record that any error whatever has been committed which would warrant the reversal of the judgment appealed from, it must be affirmed.</p>

<p>Fine — Subsidiary Imprisonment — Judgment.—The subsidiary imprisonment for failure to pay a fine which may be imposed by district courts must not exceed one day for each dollar which the defendant fails to pay, and a judgment rendered in virtue thereof must not state that the defendant shall pay a fine or serve a term of imprisonment, thus allowing defendant to elect the manner of satisfying the judgment, but such a judgment must specifically state that in case of failure to pay the fine to which the accused had been sentenced, He shall be imprisoned for such term as may be proper under the law.</p>

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

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

<p>Foreclosure of Mortgage — Sale of Unmortgaged Property. — The application of the provisions of section 1 of the Act of 'March 9, 1905, relating to judgments and the manner of satisfying them in so far as it permits of the sale of other properties belonging to the debtor to satisfy the obligation, or such part thereof as may not have been paid, must be confined to those cases in which judgment has been rendered ordering the payment of the debt in an ordinary action, and it should not be applied in the summary proceedings established by the mortgage law.</p> <p>Id. — -In cannor have been the intention of the Legislature to authorze the sale of a debtor’s property, which has not been expressly hypothecated, in a proceeding in which the debtor has not been heard, such as the summary proceedings established by the Mortgage Law. Only that portion of the Act of March 9, 1905,' authori: ing the sale of property by the marshal is applicable-in summary proceedings.</p> <p>Id. — Nature of Decisions Rendered in Summary Proceedings — Pinal Judgment. — Although the action of the court in a summary proceeding necessarily terminates the rights of the parties in so far as the proceeding is concerned, nevertheless decisions rendered therein do not partake of the nature of final' judgments, by virtue of which execution may.issue in general terms.</p> <p>Id. — The word decision used in the Act of March 9, 1905, refers to the order rendered in a summary proceeding, which cannot be characterized as a judgment as the word is used in the same act, it being the order to pay rather than the order of sale of the property, which is the final determination for the purposes of said proceeding.</p> <p>Id. — Where the action of the court in summary proceedings for the foreclosure of' a mortgage exceeds the limits fixed by law, the debtor himself may attack it, availing himself therefor of the remedies open to him.</p> <p>Oertiorart — Ordinary Remedy. — The writ of oerliorari is the proper remedy in eases where the procedure is not according to the course of the-law, when there is no other ordinary remedy open to the petitioner, or if so, when it is. not sufficiently speedy, adequate and effective to correct the errors committed..</p>

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

<p>Complaint — Place at Which Grime Was Committed — Appeal.—Where in a complaint it does not appear that the crime was committed at the place within the jurisdiction of the court, in the absence of an exception opportunely interposed, the defect will not be considered substantial to the extent of warranting the reversal of the judgment; but if an exception has been duly entered it must be sustained and if overruled the judgment must be reversed.</p> <p>Id. — Prohibited Games — Monte.—In a complaint or information charging the defendant with the crime of having participated in a game of monte, it must be alleged that the accused played for money, checks, credit or chips representing value, and in the absence of such an allegation, if objection is raised, it should be sustained, and if overruled the error will warrant the reversal of the judgment.</p>

<p>Information — Seduction—Character—Reputation.—The phrase hasta entonces reputada por pura (up to that time reputed to be chaste), used in the Spanish text of section 261 of the Penal Code, is substantially equivalent to the phrase “of previously chaste character,” employed in the English text, because the word pura means chaste (casta), especially when used in an information for seduction, and the meaning of the word reputation (reputación) for the purposes of section 261 cited, is equivalent to the word character (carácter).</p> <p>Id. — New Trial — Verdict Contrary to Law and the Evidence — Evidence— Promise of Marriage. — For the purposes of an information for seduction, the fact that the accused at the time of the commission of the crime was engaged to marry another woman in no wise affects the matter. If it is proved that the complainant had knowledge of this fact it may raise a doubt as to whether or not seduction was committed under promise of marriage, but such a fact is a matter for the jury. The existence of such an engagement and any knowledge which the complainant might have in regard thereto are facts which are entirely immaterial in cases of seduction and cannot serve as the basis for the granting of a new trial.</p> <p>Id. — Corroboration of Testimony of Complainant. — In seduction eases, if the jury credits the testimony of the injured female, the accused may be convicted on her sole testimony, without the necessity of corroboration by any other evidence whatever.</p> <p>Id. — Status of Complaint. — As every woman is born single, the law will presume that such is her status until the contrary is proven; if the woman is married} the burden of proof of that fact is upon the defendant. '</p> <p>Id. — Chastity.—In prosecutions for seduction the burden is upon the -fiscal 'to prove that the seduced woman was pure or chaste. • .</p>

<p>Appeal — Bill op Exceptions — Statement op Eacts — Manifest Buboes.— 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 warrant the reversal of the judgment appealed from, the same must be affirmed.</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 Humacao.</p> <p>The facts are stated in the opinion;</p>

<p>Recovery — Questions of Pact. — Questions relating -to the identity of the things sought to be recovered, to the possession thereof, and to good or bad faith as well as to knowledge, consent, or opposition on'the part of one litigant with respect ro the acts performed by another litigant, are purely matters of fact.</p> <p>Appeal — Judgment Contrary to the Evidence. — The question whether or not a decision is supported by the result of the evidence taken at 'the trial cannot be considered on appeal where the appeal has not been taken within the 15 days next following rendition of judgment.</p> <p>Id. — Becovery—Third Parties. — Even accepting the very liberal principle that a contract set forth in a private document, before being raised to the dignity of a public instrument, may affect parties having no intervention in the execution thereof, if such parties do not base their action on a more privileged title, or because, being recorded in the registry, such record may obstruct the efficacy of the contract with respect to third parties, the fact remains that the title of inheritance which, in the ease at bar, is derived from an extrajudicial partition, it cannot prejudice a possessor who holds a title of pur- ' chase and sale recorded in his name in the registry of property.</p>

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

<p>Appeal — Foreclosure of Mortgage — Summary Proceedings — Pinal Judgment. — An order of a court refusing to direct the sale of property at public auction in a summary proceeding, because demand had not been made upon the debtor in the manner required-by law, is not a final judgment nor is it in the nature of a special order so as to be considered an appealable order.</p> <p>Id. — Special Order. — According to subdivision 3 of section 295 of the Code of Civil Procedure, a special order is one impairing a right in deciding a question not in issue in the action or which directs something to be done in contravention of the judgment rendered.</p>

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

<p>Habeas Corpus — Illegal Imprisonment. — Section 54 of the Penal Code has not been repealed by any law and where a defendant is condemned by a municipal court to pay a fine and in case of failure to pay the fine to serve a term of imprisonmnt in excess of 90 days, when he shall have served 90 days his imprisonment will become illegal and he must be discharged on application for a writ of habeas corpus.</p>

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

<p>Citation — Appearance oe Party — Jurisdiction.—Tlie appearance of a defendant in court will cure any defect wbieh tbe citation may contain and is sufficient to give the-court jurisdiction.</p> <p>Id.' — Allegations.—Pacts which do not appear on the face of the complaint must ' be alleged by way of answer and not by demurrer, which must not contain any new matter, but must admit the truth of the facts alleged in the complaint. This principle is also applicable to questions of jurisdiction.</p> <p>Id.' — Defective Citation — Motion to Strike Out. — Where a defendant has been improperly summoned he should file a motion supported by affidavits' to strike out the summons.</p>

<p>Appeal, — Transcript oe Record — Copy oe Judgment. — Where an appellant fails to include in the transcript of the record a copy of the judgment appealed from, and only includes therein a copy of the decision of the inferior court, the appeal must be dismissed.</p>

<p>New Trial — Evidence Insufficient to Support the Verdict. — Where the only ground for assailing a judgment of conviction is the insufficiency of the evidence to support the same, the better practice is to move for a new trial before the trial court.</p> <p>Evidence — Accessories—Corroboration of Testimony Thereof. — A witness who has been prosecuted together with the defendant and convicted of the same crime with which the defendant is charged, is an accessory for the purposes of section 253 of the Code of Criminal Procedure and as such, his testimony must be corroborated by some other evidence which in itself tends to connect the accused with the commission of the crime, and such corroborative evidence is insufficient when it merely tends to show the existence of the corpus delicti.</p> <p>Id. — Circumstantial Evidence. — It is not necessary that corroborative evidence be direct evidence because it may very well be circumstantial so long as it shows the guilt of the accused or is sufficient to connect him with the commission of the crime.</p> <p>Id. — Where the corroborative evidence tends solely to raise a suspicion against the presumption of innocence in favor of the accused, such evidenc is not sufficient to warrant his conviction.</p> <p>Appeal — Evidence—Verdict—New Trial. — Where the evidence taken at the trial is not sufficient to support the verdict of “guilty,” the judgment appealed from must be reversed and a new trial ordered.</p>

<p>Appeal — Conflicting Evidence — Findings of the Trial Court. — Where the evidence is conflicting, the findings of the trial court thereon must be accepted by the appellate court, especially where it appears that such findings are justified by a preponderance of the evidence taken at the trial.</p> <p>Id. — Effect of Judgment in a Case Where There are Several Defendants and Only One Appeals — Indivisibility of the Matter in Litigation.— Where a judgment is rendered by a municipal court against various defendants, and an appeal therefrom is taken by only one of them, the court must proceed to try the case de novo; and if the subject matter in litigation is in its nature indivisible, the court must consider and determine the question involved as a whole and its judgment will also affect the defendants not appealing.</p>

<p>Appeal from the District Court of San Juan. First Section.</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>Crimes Against the Executive Power — Against Public Justice — Assault and Battery with Aggravated Circumstances. — -The crime defined in section 137 of the Penal Code as well as in section 84 of the same code, like the crime defined in subdivision 1 of section 6 of the Act of Mareh 10, 1904, defining and punishing assault and battery, are in one respect entirely similar, in that the assaulted person is a public official; but they differ in that the purpose of the two first mentioned is to prevent a public official from complying with his duty; under section 137, without employing threats or violence, and under section 84, by employing such threats or violence, which is not the purpose of the crime of assault, although violence is an element thereof.</p> <p>Id.- — The fact that the accused in the case at bar by means of threats prevented a sanitary inspector from serving notice of an order of a sanitary officer, the inspector having to go to the extent of calling upon a policeman to serve the notice, is a crime clearly defined by section 84 of the Penal Code and cannot be punished in accordance with section 137 of the said code because it is not included therein.</p> <p>Id. — Sanitary inspectors ,are municipal officials who must be regarded as executive officials for the purposes of section 84 of the Penal Code.</p> <p>Id. — Felony—Jurisdiction.—The crime defined and punished in section 84 of the Penal .Code is a felony, and municipal courts have no jurisdiction thereof.</p>

<p>Allegations — Demurrer—Cause of Action — Recovery.—In the complaint filed in this case it is alleged that the plaintffs acquired the real property forming a part of the land which they claim, by an award in payment of a mortgage credit; that they were placed in possession of the real property and that the defendant corporation, against the will of” the owners and without any compensation whatsoever, has occupied and devoted to the purpose of a public cemetery a parcel of land belonging to the property so awarded. Held: That said facts constitute the cause of action, exercised, which is an action to recover property, inasmuch as the title of plaintiff and possession by the defendant are alleged.</p> <p>ITORECLOSURE OF MORTGAGE-SALE OF MORTGAGED PROPERTY — DEED OF AWARD.-A public sale of mortgaged property having been held before the district court in accordance with the law in force prior to the promulgation of the Code of Civil Procedure now in force, that court only has the power to execute the deed of sale or award of such property, and the provisions of section 259 of said Code, which was in force at the date upon which such deed was executed, cannot be applied to this special ease because the marshal did not hold the sale of the property nor have the capacity to execute a deed of award thereto.</p> <p>Evidence — Public Instrument. — The certificate of a notary authenticating a copy of a deed to the effect that such copy is a true and faithful reproduction of the original deed on file in his office is sufficient to consider the fact of such document having been publicly recorded as proven.</p> <p>Id. — Presumption with Respect to the Use of Land for a Cemetery. — It neither having been alleged nor proved that the land claimed by the plaintiff in this ease was used as a cemetery for five years with the consent of the owner, the presumption established in subdivision 37 of section 102 of the Law of Evidence cannot be invoked.</p>

<p>Judicial Administration of Properties of Decedents — Who Mat Applt Therefor.- — The judicial administration of the property of a decedent must be governed by the provisions of Chapter V of the Act relating to Special Legal Proceedings and may be applied for only by the testamentary executor thereof, and in case none shall have been appointed, or in the absence of a legally valid will, by the decedent’s surviving spouse or any heir by force of law, or any person presenting himself and claiming to be a testamentary heir or legatee, or any unsecured creditor with a written title.</p> <p>Id. — The provisions of section 25 of the Act relating to Special Legal Proceedings, in determining who have the necessary capacity to demand judicial administration, must be construed in .relation with the provisions of-the succeeding section of the said act.</p> <p>Id. — Property op Absent Persons. — In order that judicial administration, of the property of an absent person may be ordered, it is necessary that a sworn affidavit be presented stating the necessary circumstances, in accordance with the provisions of section 83 of the Act relating to Special Legal Proceedings, and the petitioner must show his capacity to apply for such administration, in accordance with the provisions of section 93 of the Civil Code.</p> <p>Id.' — Estates op Decedents Without Known Next op Kin. — The administration of the estate of a person dying in Porto Kico without leaving any known next of kin, or if such be absent, the provisions of Chapter IV of the said Act relating to Special Legal Proceedings must govern, the district courts having jurisdiction of eases in which it is proper to apply the provisions of that chapter.</p>

<p>Evidence — Witnesses—Children Under 14 Years of Age. — The provisions of sections 12 and 14 of the Civil Code to the effect that children under 14 years of age are incapable of serving as witnesses, have been repealed by section 39 of the Law of Evidence wíiich lays doi^n the rule to be followed in ■ this respect.</p> <p>Id. — Hearsay Evidence. — The statement or admission made by an' agent or servant 0$ one party to third parties in relation to the business entrusted to him cannot be regarded as hearsay evidence, because under such circumstances it must be considered that the agent or servant represented his principal.</p> <p>Appeal — Statement of the Case. — The statement referred to in section 225 of the Code of Civil Procedure is evidently a statement of the ease and not a statement of facts.</p> <p>Id. — Bill of Exceptions — Statement of Facts. — In preparing a bill of exceptions, statement of the case, or statement of facts, counsel must bear in mind the differences between these documents in order that they may observe and use the proper terms for each.</p> <p>Damages and Losses Occasioned by Negligence — Negligence as a Proximate Cause of the Accident. — The evidence taken in this case showing that the negligence of defendant was the proximate cause of the accident, and the evidence being sufficient to support the judgment of the inferior court condemning the defendant to the payment of the damages caused to the plaintiff, the same should be affirmed.</p> <p>Id. — Contributory Negligence. — The mother of the minor in this case cannot be . charged with contributory negligence for permitting him to go out into the street alone to do an errand for her, inasmuch as the child being 11 years old his age was sufficient for the mother to be justified in permitting him to go out alone to do the errand with which he was entrusted.</p>

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

<p>Appeal — Decision Not Supported by the Evidence. — The question whether or not a decision is supported by the evidence cannot be considered on appeal, where the appeal has not been taken within the 35 days next following the rendition of judgment.</p>

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

<p>Commission — Attorney in Pact. — Where an attorney in fact is authorized to sell the real property of his principal under such stipulations and conditions as he may deem proper, without making any distinction between the properties which he possesses or which he may acquire in the future, until such a power of attorney is revoked, the attorney in fact has the power to sell the property subsequently acquired by his principal.</p> <p>Record — Powers oe Registrar — Cancellation.—After a record is made in the registry of property the registrar has no authority to annul the same without the knowledge and consent of the parties in interest, such powers being vested exclusively in the courts of justice.</p>

<p>Allegations — Evidence — Documents Accompanying Complaint — General Denial. — The authenticity and the fact of the execution of a document attached to a complaint, or literally copied therein, must be admitted where not specifically denied in the answer under oath; a general denial, although sworn to, is not sufficient to put the plaintiff on proof of these facts at the trial, although the complaint be' not sworn to.</p> <p>Certiorari — Cases in Which it Will Issue — Ordinary Remedy. — The writ of certiorari will issue in those cases in which, while there is an ordinary remedy, it is inadequate to repair the damage caused and in whieh a dismissal might cause a failure of justice. The issuance thereof is not a matter of right, but of the discretion of the court before whieh the application is made.</p> <p>Admission or Execution oe Evidence. — The writ of certiorari will not issue to review orders admitting or excluding evidence.</p> <p>Id. — Jurisdiction.—When there is no other plain, speedy and adequate remedy the writ of certiorari will issue where a court has exceeded its jurisdiction in rendering tne judgment or decision assailed, or to prevent a flagrant miscarriage of justice by reasons of errors of procedure.</p>

<p>Right of Redemption — -Duration Thereof. — Where in a deed of purchase and sale executed prior to the date on which the Spanish Civil Code went into effect, there was reserved a right of redemption in favor of the vendor to be exercised at any time, the term within which such right might be exercised was 10 years, in accordance with the provisions of section Í508 of said Code, in relation with the fourth transitory provision thereof.</p> <p>Id. — Extinguishment of the Right — Marginal Note of Consummation of Sale. — Under the doctrine referred to in the foregoing paragraph, after the expiration of 10 years from the time when the Civil Code went into effect, the right of redemption established prior to the promulgation thereof must be deemed to have become estinguished if within that period the same should not have been exercised, and it is proper for the registrar, at the instance of the party in interest, to enter a marginal note of the consummation of the ■.sale, in accordance with the provisions of article 16 of the Mortgage Law.</p> <p>Id. — The exercise of the power of the registrar in this case in entering the marginal note of the consummation of the sale does not render null and void a record appearing in the registry, but a declaration as to the extinguishment of a right for failure to exercise the same, which the registrar is fully empowered to do in accordance with the provisions of article 82 of the Mortgage Law, inasmuch as the right recorded must he deemed to have been extinguished in this case by the provisions of section 1508 of the Civil Code.</p>

<p>Appeal — Decision Contrary to the Evidence. — An objection to a decision based on the ground that it is contrary to the evidence cannot be considered by the appellate court where the appeal was not taken within the 15 days next following the rendition of judgment.</p>

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

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

<p>Appeai> — Decision Contrary to the Evidence. — An objection to a decision based on the ground that it is contrary to the evidence cannot be considered by the appellate court where the appeal was not taken within the 15 days next following the rendition of judgment.</p>

<p>Appeal from a judgment rendered by the District Court of San Juan.</p>