Volume 15 — Puerto Rico Reports

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

<p>Nonperformance of Contract — Cause of Action. — It is stated in tlie complaint that plaintiff and defendant entered into a contract, for the management of certain mercantile establishments, for a period of one year, and according to the allegations of the complaint, it was expressly agreed between the contracting parties that upon the expiration of the contract both pai’ties would be at liberty to quit' or to continue the business, mutually agreeing whether to continue under the same conditions, or introduce such modifications as might be deemed proper; it being understood that, “should they continue in the aforesaid business and the general balance prove satisfactory to the same, demonstrating thereby the good management of Mr. Zeppen-feldt, he would be entitled to preference for the continuance thereof, the company then to reject any other proposition that might be presented by new aspirants, talcing into consideration the efforts made by Mr. Zeppen-feldt for the success obtained. It was also stipulated that if, after accepting said contract, any of the parties desired to elude the performance of what had been stipulated, the party so desiring would be liable to the prejudiced party for such damages as might be caused him, to be determined by three amicable compounders.” It is also alleged that the general balance of the business resulted to the satisfaction of the company, and was so recognized by the company when they approved it; that the plaintiff complied with each and every one of the conditions stipulated in the Contract, and received the approval and congratulations of the board of directors of the company, notwithstanding which the company did not retain his services. Held: That the complaint contains sufficient facts to establish a cause of action, and that therefore the demurrer should not have been sustained.</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 Mayagüez.</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>Bill op Exceptions — Manifest Brkoks. — Where there is no bill of exceptions, and no errors appear in the record, the judgment of the lower court must be affirmed.</p>

<p>Appeal from a decision of the Registrar of Property of Guayama.</p> <p>The facts are stated in the opinion.</p> <p>This appeal was taken by the interested party himself.</p>

<p>Judgment — Asbenoe oe Unanimous Decision or Majority oe Votes — Judgment oe Court Below Becomes Final in Cases oe Tie. — Where the justices of the Supreme Court fail to come to an agreement, unanimously or by a majority vote, for the decision of an appeal, and a tie results by reason of the absence of one of the justices, the judgment appealed from becomes final.</p> <p>Annulment oe Municipal Resolutions — Jurisdiction oe District Courts— Acts oe a Municipal Council as Owner oe a Property. — District courts have jurisdiction to try actions to set aside resolutions of a municipal council involving proprietary acts performed in the capacity of owner or proprietor.</p> <p>Public Nuisance — Nuisance—Injunction—Capacity oe a Private Person Seeking the Injunction. — A plaintiff in his capacity of private citizen who is subjected to a public nuisance, may obtain an injunction to suppress such nuisance. Citing Penn. v. The Wheeling Bridge Co., 54 U. S., 518; V. T. B. B. Co. v. Ball, 91 U. S., 355.</p> <p>Id. — ’Special Damages Caused by the Acts oe a Municipal Council — Capacity oe Directly Injured Parties to Secure Injunction. — Whenever the-acts or resolutions of a municipal council cause damage and injury in a direct manner to certain residents of the municipality by reason of the location of the properties of such persons, and even in the case where such acts of a municipal council cause a public nuisance, it is indisputable that persons specially damaged have the right to bring a suit for annulment of such municipal resolutions and obtain, by means of an injunction, the suppression of the nuisance, without prejudice to the suit which the Attorney General may bring by virture of section 12 of the Law of Injunction of March 8, 1906.</p> <p>Prescription — Suit por Annulment op Municipal Resolutions — Petition por Injunction as a Temporary Remedy — Interpretation op Section 93 op the Municipal Law op March 8, 1906. — When a suit is brought for the annulment of municipal resolutions and to afford a temporary remedy and an injunction is prayed for in a separate petition, the prescription of 30 days fixed by section 93 of the Municipal Law of March 8, 1906, cannot be invoked against the injunction, but only against the original complaint. Said section of the Municipal Law treats of two classes of cases: Ordinances or resolutions which may injure private individuals, and ordinances which may prejudice the rights of the municipality in general; but for the first class no prescription is fixed, and for the second it is fixed at 30 days from the date on which the ordinance or resolution shall have been made publicly known.</p> <p>Injunction — Allegation op Damages in the Petition. — A petition for injunction shall set out the existence of the damage, but the amount of such damage does not influence in any manner the right to seek the remedy.</p> <p>Municipal Resolution Granting Authority to Build and Erect a Gape Adjoining the Theatre — Nature op the Contract. — A contract by which a municipal council authorized a concessionaire to construct and erect, without cost to the city, a building on a sidewalk contiguous to a municipal building, binding rlie concessionaire to transfer to the municipality the ownership in the same on its completion, the concessionaire to have the right of the free use and occupancy of such building for a period of 25 years, is a contract of lease, in which the transmission of the ownership of the property to the municipality represents the payment of the lease of that part of the sidewalk which the municipality cedes for the purposes of constructing the building.</p> <p>Powers op a Municipality to Authorize the Construction op a Building on a Sidewalk. — A municipal council has no authority under the law in force in Porto Rico, to authorize any private person to construct a permanent building upon a street, sidewalk, or plaza.</p> <p>Free and Continual Use op the Streets — Rights op the Inhabitants op a City.' — All of the inhabitants of a city have the right to the free and continual use of its streets, sidewalks, and plazas.</p>

<p>Habeas Corpus — Appeal.—A final order dismissing a petition for a writ of habeas corpus is not appealable to tlie Supreme Court.</p> <p>Id. — An order overruling a motion for permission to inspect or transcribe certain depositions of witnesses in the possession of the fiscal, is not appealable to the Supreme Court.</p>

<p>Entry of Notice of Attachment — Effectiveness of Judgment. — The entry of notice of attachment prescribed by section nine of the law to secure the effectiveness of judgments, must be made subject to the provisions of the Mortgage Law and its Regulations.</p>

<p>Effectiveness of Judgments — Cases in- Which the Defendant is a Municipality.- — The act to secure the effectiveness of judgments is not applicable to eases where the defendant is a municipality.</p> <p>Id. — The procedure to secure the effectiveness of judgments rendered against municipalities is established in section 84 of the act to establish a system of local government and for other purposes, of March 8, 1906.</p> <p>Id. — The provisions of section 107 of the act to establish a system of local government, of March 8, 1906, cannot be constructed in the sense of authorizing a contrario sensn, the attachment of properties belonging to a municipality, which are not in the possession of the Treasury of Porto Rico.</p>

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

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

<p>Bill op Exceptions — Statement op Facts! — When in a criminal case no bill of exceptions, statement of faets, or brief has been presented, the court of appeal can only pass upon the complaint and the judgment.</p> <p>Pecuniary Punishment — Imprisonment in Default op Payment — Costs.— In making the computation of the amount of the pecuniary punishment for the purpose of imposing imprisonment for default of payment, the district courts must not take into consideration the amount of the costs, and the alternative imprisonment should not exceed one day for each dollar of the fine imposed.</p> <p>Embezzlement — Fiduciary Relation. — To constitute the offense of embezzlement it is necessary that the complaint should clearly set out the existence of a fiduciary relation between the accused and the prosecutor.</p>

<p>Embezzlement — Fiduciary Relation. — To constitute the offense of embezzlement it is necessary that the complaint should clearly set out the existence of a fiduciary relation between the accused and the prosecutor.</p> <p>Nullity of Judgment — When Charged with One Crime and Convicted of Another. — When the accused is charged with the commission of one crime and convicted of another, the judgment is null and must be reversed.</p>

<p>Appeal — Errors in the Preparation op the Transcript — Documents not Material to the Appeal. — The Supreme Court cannot correct the errors committed by the parties in the preparation of the transcript of the record, and must confine itself to a consideration of the documents relevant to the case, absolutely disregarding all documents foreign thereto.</p> <p>Id.- — Documents Considered . by the Judge Below — Dismissal op Apppeal.— The parties must present to the Supreme Court for the decision of an appeal all of the documents which were considered by the judge below in rendering the judgment appealed from; without this requisite the appeal must be dismissed.</p>

<p>Appeal — Errors in the Preparation oe the Transcript — Documents not Material to the Appeal. — The Supreme Court cannot correct the errors committed by the parties in the preparation of the transcript, of the record, and must confine itself to a consideration of the documents, relevant to the case, absolutely disregarding all documents foreign thereto.</p> <p>Id. — Documents Considered by the Judge Below — Dismissal oe Appeal.— The parties most present to the Supreme Court for the decision of an appeal all of the documents which were considered by the judge below in rendering the judgment appealed from; without this requisite the appeal must be dismissed.</p>

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

<p>Rehearing — INSUFFICIENT Grounds. — When a petition for a rehearing does not state sufficient grounds to warrant a rehearing of the case, the petition must be dismissed.</p>

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

<p>Amendment oe Complaint During the Trial. — Plaintiff may amend the complaint during the trial in order to harmonize same with the evidence presented and admitted.</p> <p>Examination oe Evidence — Judgment in Accord with the Evidence. — When from an examination of the evidence as set forth in the statement of the case it appears that the judgment appealed from is in accord with the evidence, it must be affirmed.</p> <p>Mortgage — Owner of Mortgage Credit According to the Registry — Issuance of Mortgage Notes not Recorded or Mentioned in the Registry. — -When a mortgage credit is recorded in the registry in favor of a mortgage ereditrix without her husband having any intervention therein, such ereditrix and her heirs are the only ones who have the right to collect such credit, and neither the husband nor his heirs can claim any title whatever to same, even when the mortgage deed sets forth that the notes are issued in favor and to the order of the husband, because such documents were not mentioned in the registry.</p> <p>Id. — Extinguishment of Mortgage Obligation — Payment—Merger of the Rights of Creditor and Debtor. — In accordance with the foregoing doctrine, when it appears from the record that part of the installments of the mortgage obligation were paid to the wife, and the installments remaining due at her death were assigned by the heirs possessing them to the person who thereafter acquired the mortgaged properties, the mortgage obligation became in this manner extinguished in part by payment and in part by merger of the rights of creditor and debtor, in accordance with section 1124 of the Civil Code.</p> <p>Mortgage Notes — Absence of a Record oe Them in the Registry — Its Effects — Action for Their Recovery. — The owner of property affected by a mortgage credit extinguished by payment and merger of rights, is entitled to a judicial cancellation of same in the registry, without the necessity of showing previously the cancellation of mortgage notes issued to the order of the husband of the owner of the mortgage credit as shown by the registry, such notes never having been recorded in the registry, and therefore the three last paragraphs of section 82 of the Mortgage Law are not applicable. In the case that there exist negotiable mortgage notes not recorded in the registry, the action for their recovery must be personal and not a mortgage action.</p> <p>Cancellation of Mortgage — Right of Assignee to Oppose the Cancellation.— The assignee of a mortgage credit cannot oppose the cancellation of same. Such opposition can only be made by the assignor and his successors in interest.</p> <p>Id. — Extinguishment of Mortgage — Payment and Assignment of Installments — Opposition to its Cancellation. — When it has been shown at the trial that a mortgage has been extinguished by payment and merger of rights, the successor in interest of the mortgage creditor cannot oppose its cancellation.</p> <p>Law of Contracts — Cancellation of Mortgage Credit — Application of Section 82 of the Mortgage Law. — The law of contracts has not been violated by the judgment ordering the judicial cancellation of a mortgage credit extinguished by payment and merger of rights without previously requiring the cancellation of the negotiable notes to the order of the husband of the mortgage ereditrix; these notes not being recorded in the registry, paragraph four of section 82 of the Mortgage Law is not applicable to the case.</p> <p>Performance of Contract — Unrecorded Mortgage Notes Payable to Bearer— Application of Section 1157 of the Former Civil Code. — A judgment ordering the judicial cancellation of a mortgage without previously requiring the cancellation of negotiable notes which have not been recorded in the registry, does not violate section 1157 of the former Civil Code, but does comply with the requirements of mortgage contracts.</p> <p>Unrecorded Mortgage Notes — Application of Section 77 of the Mortgage Law. — Section 77 of the Mortgage Law does not apply in a case where mortgage notes have not been recorded in the registry, nor therefore is there any necessity of cancelling any records.</p> <p>Id. — Real Owner of a Mortgage — Record in the Registry. — The real owner of a mortgage according to the registry, is that person in whose favor it is recorded, and on his death his heirs, and not the holders or endorsees of the mortgage notes issued to-the order of the husband of the owner of the mortgage, which were never recorded íd the registry.</p>

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

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

<p>Unappealable Judgment — Decision Admitting Demurbebs. — A decision oí the court admitting demurrers to the complaint does not constitute a final judg- , ment, and cannot, therefore, be appealed from, although the prejudiced party should renounce the opportunity to amend the complaint and pray that said decision be .entered as a judgment.</p> <p>Final Judgment — Requisites Theeeoe. — A decision of the case, dismissing the complaint or otherwise terminating the matter and adjudicating with respect to the costs, are essential requisites of a final judgment, which render it appealable.</p>

<p>Unlawful Detainer — Small Alterations in the Property Leased — Rases Where These Questions May be Discussed in an Action op Unlawful Detainer. — When the action of unlawful detainer is based on paragraph three of section 1472 of the Civil Code, the only thing to be discussed is whether or not the conditions stipulated in the contract have been violated, in cases where the deceit, fault, or negligence of the lessee make so manifest the violation committed by him, that a restitution of the property to the owner becomes a peremptory and unavoidable necessity; in other cases it is a question to be discussed in an ordinary action.</p> <p>Id. — Small Alterations — Lack of Negligence or Intention. — An action of unlawful detainer does not lie when based on paragraph 4 of section 1472 of the Civil Code, when the alterations are so insignificant that they do not alter, modify, or damage the property leased, and can be removed without impairing the same, or when there has been no intention or negligence in the construction of said alterations.</p>

<p>Appeal From Municipal Courts — Jurisdiction op the Supreme Court. — The Supreme Court, according to the Act of March 9, 1905, has jurisdiction to take cognizance of appeals from municipal courts when the claim exceeds $300, not including products or interest thereon.</p> <p>Executor — Capacity to Sue — Extension op Executorship by a Majority op Heirs and Legatees. — According to section 880 of the Civil Code, when the heirs and legatees are not unanimous in agreeing to extend the term of the executorship, and the extension is allowed only by a majority, said extension cannot exeeed one year, upon expiration of which latter term the executor has no legal capacity to sue in the name of the heirs.</p> <p>Executor — 1-Ieir Emancipated by Marriage — Capacity to Extend the Execu-torship. — The mother of an heiress emancipated by marriage has no capacity, as such mother, to extend the term of the executorship in the name of her cTaughter.</p>

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

<p>Foreclosure op Mortgage — Abandonment op Action — Motion op Debtor Respecting Deposit and Subrogation. — In the ease at bar the debtor filed a motion praying that he be allowed to deposit the amount claimed and to sub-rogate a third person to the right of the plaintiff. The plaintiff filed a motion desisting from the continuance of the prosecution, which was granted by the court to his prejudice, with costs, and without prejudice to the decision that might be rendered upon the motion respecting deposit and subrogation. This decision having been approved, the court held that it was in conformity with the law, since the motion for deposit and subrogation could not be left undecided.</p> <p>Id. — Estoppel—Deposit and Subrogation. — The decision of the court that the deposit was properly made and that from the sum deposited the plaintiff should be paid the amount due him, having been accepted by the latter, he cannot now object to the secretary’s making a liquidation of the debt, and to a third person’s being subrogated to .the rights of the plaintiff after payment has been made.</p>

<p>Penal Law — Disturbance of the Public Peace — Bill of Exceptions — Manifest Errors. — There being no bill of exceptions or statement of facts, and no error appearing from the record, the judgment appealed from must be affirmed.</p>

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

<p>CONSTRUCTION OP STATUTE-JURISPRUDENCE OS’ ANOTHER STATE-PRESUMPTION.— It is a principle of law, accepted by this court, that when our legislature adopts a statute of another state and substantially copies it into our laws, it must be presumed that the legislature intended also to adopt he construction put upon such statute by the courts of last resort in the state from which the act is borrowed.</p> <p>Id. — -In conformity with the foregoing doctrine, the decisions of California, Idaho and Montana may be invoked for the construction of the new Code of Civil Procedure.</p> <p>Dismissal — Authority Inhering in the Court — Abandonment op Action— Summons. — The court, in the exercise of a sound judicial discretion, has authority independently of section 192 of the Code of Civil Procedure, and notwithstanding the provisions of section 193 of the said Code, to dismiss an action because the summons was not issued in accordance with the requirements of the Code of Civil 'Procedure, as expressed in section 88 thereof, and such order should be upheld unless there is some other reason than mere lack of authority why said order was improperly made.</p> <p>Interpretation op Law — Summons—Term por Issuing it — Discretion op the Court. — The word "may” used instead of "must” in section 88 of the of the Code of Civil Procedure, in speaking of the issuance of.the summons is not mandatory on the plaintiff to cause the writ to issue, but directory merely; and as no penalty of any kind is affixed to a disregard of the statute its enforcement is largely left in the discretion of the court, under the provisions of other statutes.</p> <p>Dissmissal — Powers Inhering in the Court — Abandonment op Action — Inexcusable Delay or Negligence. — The trial court can exercise this inherent power only when there is inexcusable negligence or delay on the part of the plaintiff in causing the issue, and service of the summons, and said court should not dismiss the ease unless there has been such inexcusable delay or negligence.</p> <p>Ib. — Supplemental Complaint — Nullity op Summons — Diligence op the Plaintiff. — The plaintiffs having shown diligence in prosecuting their action and filing a supplemental complaint, and the summons and publication having both taken place during a year thereafter, the plaintiffs brought themselves within the spirit if not within the letter of section 88 of the Code of Civil Procedure, and there was no imperative reason for the court, under these circumstances to dismiss the action.</p> <p>Id. — Entry of Default — Annulment of the Default — Dismissal of ti-ib Complaint.' — Even after having entered the default, the defendant may appear for the purpose of making a motion to set aside the default, or to dismiss the case for noneomplianee with some provision of the statute.</p> <p>Original Complaint — Amended Complaint — Effect as to the Commencement of the Action. — An amended complaint replaces the original one for all legal purposes; and the year within which the summons may be issued must be computed from'and after the filing of such amended complaint.</p> <p>Amended Complaint — Supplement Pleadings — Object Thereof. — An amended complaint is used to correct some errors in the original pleading, and to perfect that which might be deficient, or to correct that ■which might have been incorrectly stated. The office of a supplemental complaint is to meet a new state of facts arising or disclosed after the filing of the original complaint, such as the addition of parties newly discovered as being interested in the subject matter of the litigation.</p> <p>Id. — In conformity with the foregoing definition, a distinction may be established between original and supplemental complaints, although in our Code of Civil Procedure no mention is made of supplemental complaints, all which pleadings being classed therein as amended complaints.</p> <p>Summons — Supplemental Complaint — Computation of Term. — The date from which the year prescribed in section 88 of the Code of Civil Procedure should begin to run is that of the filing of the supplemental complaint including new' parties delendant.</p> <p>Substantial Rights. — The rights secured in favor of each party by section 88 of the Code of Civil Procedure are substantial rights, and must be protected by the courts when properly urged for consideration.</p>

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

<p>Penal Lav — Appeal—Bill oe Exceptions — Statement oe Pacts — Manifest Errors. — There being no bill of exceptions nor statement of faet, and no error appearing in the record, the judgment appealed from should be affirmed.</p>

<p>Personal Actions — Residence of Defendant — Place of Citation — Presumption. — In personal actions wherein the residence of the defendant determines the jurisdiction of the court, the place where the citation of the defendant has been made, raises the presumption that he has a residence and domicile there.</p> <p>Id. — Residence of the Defendant — Prima Facie Bvidence. — The uncontroverted affidavit of the defendant is prima facie evidence of his residence. ■</p> <p>Id. — Transfer of the Case — Convenience of Witnesses — Requisites of the Motion. — In a motion for a transfer it is not enough to say that the witnesses are material and necessary, but some effort must be made to show the nature of the testimony that they may be expected to give; not in precise terms, but enough to permit the court to judge by itself of the materiality and necessity of the witnesses themselves.</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 San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Penal Law — Gambling—Appeal—Statement op Pacts — Bill oe Exceptions.— There being no bill of exceptions nor statement of facts, and no error appearing in the record of the ease, the judgment appealed from should be affirmed.</p>

<p>Penal Law — Appeal—Statement op Pacts — Brief—Fundamental Errors.— There being no bill of exceptions, nor statement of facts, and no errors appearing in the proceedings, the judgment appealed from must be affirmed.</p>

<p>Judgment — Determination oe Amount oe Interest — -Bad Practice. — When in a judgment one party is adjudged to pay interest, the exact amount should ho calculated and included in the judgment, it being a bad practice to leave undetermined the amount thereof to be calculated by the secretary.</p> <p>Attachment — Damages—Actual Damage — Determination oe Amount. — When an attachment has been wrongfully sued out, but without malice or intention to oppress on the part of the plaintiff, the damages recoverable against him should be limited to actual damage and cannot be extended to speculative damages.</p> <p>Id. — Actual Damage. — The actual damages recoverable for the wrongful suing out of an attachment are such as are the natural, proximate and legal result or consequence of the wrongful act.</p>

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

<p>Criminad Law — Appeal—Bill of Exceptions — Statement of Pacts — •Pdnda-mental Errors. — There being no bill of exceptions, nor statement of facts, nor brief, and no fundamental error appearing in the record, the judgment appealed from must be affirmed.</p>

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

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

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

<p>Cancellation of Encumbrances — Payment of Taxes — Public Sale of a Co-ownership. — There is no cancellation, of the encumbrances upon an undivided half of a property which has been expressly .excluded from the public sale of the other half, consummated in payment of delinquent taxes.</p>

<p>New Trial of Court’s Motion — Inherent Power of a Court. — "Where the inherent power of a court of general jurisdiction has not been restricted by statute, such court may grant a new trial of its own motion, if left in doubt as to the justice of the judgment rendered; and it can do this although an application for a new trial on other grounds may be pending at the time the order is made.</p> <p>New Trial — Contradictory Evidence. — The practice of granting new trials in civil cases, where the evidence is contradictory or insufficient in the opinion of the trial judge, should be encouraged and commended, as it clearly tends to the furtherance of justice, and saves the time and expense of appeals.</p> <p>Id. — Discretion of the Trial Court — Abuse of Discretion. — The discretion of the trial court in granting a new trial will seldom be overruled on appeal unless in a clear ease of abuse of such discretion.</p>

<p>Capacity op Witnesses Belated to the Parties. — Although the witnesses be related to the parties it is presumed that they speak the truth and that their testimony is true, until something to show the contrary is brought before the trial court.</p> <p>Contradictory Evidence — Findings op the Trial Court — Presumption.—Where there is a substantial conflict in the testimony, the findings of the lower court must be presumed to be correct, unless it be shown that said court was moved by passion, or prejudice, or some other motive.</p> <p>Damages — Liabilities Arising From Crimes — Existence op Action — Prior Law. — -In accordance with the Civil and Penal Codes in force until the first of July, 1902, there existed a civil action for the restitution of the thing, the reparation of the injury caused, and the compensation for the damages suffered by reason of the punitive act. Both the civil and criminal action could be instituted either jointly or separately, although with the limitation that while the penal action was pending, the civil one could not be exercised until a final judgment had been rendered in the first case.</p> <p>Id. — Liabilities Arising From Crimes — Existence op Action — Present Law.— Section 2 of the Code of Criminal Procedure recognizes the existence of the penal and civil action for criminal acts, which actions must be exercised separately. Therefore, both under the old legislation and the one now in force, when a person is violently assaulted without any justification for such assault, or without any previous- provocation, it is evident that such person has a right to establish a civil action for any damages which might be caused to him.</p> <p>Exemplary Damages — Common Law — Elements Determining Damages.- — The common law apparently recognized as a basis of damages only such concrete matter as loss of time, loss of profits, medical bills, permanent injuries which would decrease the earning power of the injured person, and similar elements.</p> <p>Id. — The Law in Porto Eico. — The question of what are exemplary damages and what are otherwise, has never been worked out here, and whether such damages can be recovered here is still pending decision.</p> <p>Damages — Mental Suffering — Action for Assault. — Mental suffering is a recognized element of damages in suits for assault.</p>

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

<p>Statement oe Facts — Documentary Evidence. — It is an error to suppose that the documentary evidence can he presented to the consideration of this court merely by copying the same into the transcript. All evidence, introduced on the trial in the court below, must be set out in a statement of facts and verified by the approval of the trial judge, before this court can regard it as a part of the record.</p> <p>Id. — Bill oe Exceptions — Examination of Errors. — There being no statement of facts in the record, nor any bill of exceptions, nor statement of the case, we are limited in our examination of the errors assigned, to such as relate to the law alone, and which may be apparent on the face of the record.</p> <p>Agent — Acts Favorable to the Principal. — No person can adopt the acts of an agent in so far as they are beneficial to him, and at the same time renounce those, inseparably connected therewith, that are favorable in some degree to the adverse party.</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 San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Penal Law — ©band Lakceny — Statement of the Case — Approval by the Judge — Agreement op the Parties. — The approval of the trial judge is an indispensable requisite to the authenticity of a statement of the case, a bill of exceptions or a statement of facts, without which it cannot be made a part of the record nor receive the attention of this court. Counsel cannot by agreement dispense with the approval of the judge.</p> <p>Id. — Statement op the Case — Order Incorporating it into the Record. — It is not the secretary but the judge of the trial court whose action is required to incorporate the statement of the case into the record and make it a part thereof.</p> <p>Id. — Contradictory Evidence — Findings op the Trial Court. — Where the evidence is conflicting it is the duty of the trial court to reconcile the statements of the different witnesses, and when its conclusions are seemingly fair and unbiased, they will not be reversed by this court.</p> <p>Id. — Judgment Justified by the Evidence. — No motion for a new trial having been made, and the sufficiency of the information not having been impeached in the court, nor any exception taken to the admission or exclusion of any part of the evidence, or to the regularity of any of the proceedings, the judgment of conviction must be allowed to stand, as being justified by the facts proven on the trial.</p>

<p>Buies' — Manifest Errors. — When no brief has been filed and no errors whatever appear in the record, the judgment appealed from must be affirmed.</p> <p>Id. — Conflicting Testimony — Decision of Jury. — Where there is a conflict of testimony this court will not disturb the decision of the jury upon a question of fact, unless the verdict of same was the result of partiality, passion or prejudice.</p> <p>Id. — Conclusions of the Court. — The doctrine established in the foregoing paragraph is applicable to eases where the testimony has been considered by the court, and not by the jury.</p>

<p>Certiorari — Discretion of the Court — Adequate Remedy by Appeal. — The granting of a writ of certiorari is a matter within the sound discretion of a court and will be frequently denied where there is an adequate remedy by appeal.</p> <p>I d. — Procedure Contrary to Law. — The act authorizing writs of certiorari, approved March 10, 1904, authorizes judgment in favor of a petitioner “where procedure is not according to the course of the law.”</p> <p>Demurrer — When It May be Disregarded. — The only time when a demurrer may be disregarded is when it fails to specify the grounds upon which any of the objections to the complaint are taken.</p> <p>Id. — Setting the Hearing — To be Placed on the Calendar. — The court must set the demurrer for hearing and may then overrule it, but it must first be set. The practice of the district court requires that a demurrer should be placed on the calendar.</p> <p>Id. — Frivolous Pleading — Test to Determine the Same. — A demurrer is not frivolous when it involves a serious question of jurisdiction on account of the alleged domicile of the defendant and the location of the land which defedant was restrained from entering. To the question of jurisdiction originally presented the court filed an opinion showing therein that there was room for argument, which is the test of a frivolous pleading.</p>

<p>Appeal — Dismissal—Notice oe Appeal. — Service of the notice of appeal to the adverse party is a necessary requisite in order that the appeal may he considered to have been taken, according to section 296 of the Code of Civil Procedure.</p> <p>Id. — Notice Must Appear in the Record. — When the notice of appeal does not appear in the record, the appeal must he dismissed.</p> <p>Id. — Notice oe Appeal — Motion to Dismiss. — The notice of appeal presented after the hearing on a motion to dismiss cannot produce any legal effects, either on account of being extemporaneous or on account of the absence of an '"affidavit showing such notice as required by section 75 of the Rules of this Supreme Court.</p>

PROgeedings to cancel certificate of admission to practice law. The facts are stated in the decision. The defendant appeared in person.

<p>Application for Writ of Certiorari.</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>Appeal from the District Court of Arecibo.</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>Statement of the Gase^-Index of Evidence. — The statement of facts should not contain an index of the evidence introduced in the action, as counsel for the appellants appears to have believed, but must show the result of such evidence in a sufficiently specific manner. A document in which the evidence heard at the trial is set forth in such manner cannot properly be called a statement of facts and cannot have any legal effect on this Supreme Court, although the judge may have approved, instead of rejecting it.</p> <p>Id. — Identification of Documents. — In the statement of the case it is necessary to summarize the material portions of the documents presented as evidence in the action, or refer to the copies of the same which form part of the record, in such manner that the documents may be identified in order to be certain that they are the same which were used as evidence at the trial.</p> <p>Id. — Absence of Identification of Documents. — Pursuant to the foregoing doctrine, in the absence of such identification, this court lacks a full and exact knowledge of the evidence presented at the trial, which is a necessary condition to permit it to discuss and decide the legal questions derived from the facts alleged in the complaint and in the answer, for which reason it must admit as indisputable the findings of fact upon the evidence of the lower court.</p> <p>Errors of Law — Absence of Statement of the Case. — There being no properly prepared statement of the ease, and this court having, therefore, to accept the findings of the trial court, it cannot discuss errors of law based on facts which contradict such findings.</p>

<p>Costs — Betroactive Empect — Pinal Judgment.' — The judgment or decision referred to in the English text of section 339. of the Code of Civil Procedure, amended by the Law of March 12, 1908, is the judgment rendered by the court below.</p> <p>Id. — Law in Porce When Pinal Judgment Was Rendered — Attorneys’ Pees.— Pees of attorneys accrued before January 3, 1909, are not recoverable under the law of costs of March 12, 1908.</p> <p>Fees oe Attorneys — Supreme Court. — There is no law whatever which author-ises the imposition and recovery of costs in the Supreme Court, nor the recovery of attorneys’ fees, included as costs, for services rendered in this court.</p>

<p>Penal Law — Perjury—Continuing the Trial — Discretion op the Court.— The question of continuing or not the proceedings is one which is addressed to the sound discretion of the court, and only if it were shown that the court had impaired the material rights of the defendant by committing a real abuse-of its discretionary powers would the reversal of the judgment on such grounds be proper.</p> <p>Id. — CONTINUING the Trial — Grounds op the Motion. — If it was the intention of the appellant that the Supreme Court should review the order of the district court denying the motion for a continuance, he should have set out in his hill of exceptions the grounds on which his motion was based.</p> <p>Id. — Duty op the Secretary — Transcript op Appeal. — After the Act of March 7, 1908, to amend section 356 of the Code of Criminal Procedure, went into effect, the secretary of a district court cannot and should not include, as part of the record of the ease, the "allegations, motions and orders made or directed during the trial,” referred to in rule 16, letter K, of the Buies of District Courts.</p> <p>Id. — Transcript op Becord — Bill op Exceptions — Papers Foreign to the Becord. — No paper or other matter, not made a part of the record in a case by the statute, can be put into it, or be made a part of it, except by bill of exceptions or statement duly certified by the judge sitting in the cause.</p> <p>Id. — Bill op Exceptions — Its Object. — The purpose of the bill of exceptions is to incorporate in an authentic form, as a part of the record, proceedings on the trial, including rulings of the trial judge alleged to be erroneous, the objections and exceptions taken thereto, with the grounds thereof, which would not otherwise appear therein.</p> <p>Id. — Notice op Appeal — Grounds Thereof. — The notice of appeal is not the proper document in which to set forth the grounds of the appeal taken.</p>

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

<p>Application for Writ of Certiorari.</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>Maintenance — Eight of Option — Illigitimate Children. — The lather of the illigitimate child cannot claim to have the alternative refererd to in section 218 of the Civil Code, for, by supporting the child in his own dwelling, he would prevent the mother from giving it the first and most urgent care with the same means granted to the child, and therefore he would not support her as -prescribed in article 190. It would be immoral, under such circumstances, for the mother and the child to go and live in the father’s home.</p> <p>Effectiveness of Judgment — Maintenance by Pension. — The effectiveness of the judgment cannot be denied absolutely when what is claimed is the fulfillment of an obligation consisting in the payment of $25 a month as a pension for maintenance.</p> <p>Id. — Amount Secured — Instalments Overdue. — As the complaint calls for the payment of monthly instalments in advance on account of a pension for maintenance, to be understood as beginning from the date of the filing of the complaint, the order to secure the effectiveness of the judgment should be limited to the monthly instalments overdue at the time application for the order to secure the effectiveness of the judgment was made, and not to the period to run until the minor attains the age of 18 years.</p>

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

<p>Writ oe Execution — Annulment of the Order for the Issuance Thereof— Dissolution of Attachment. — A district court lias complete jurisdiction to issue tlie order of execution, and 10 days afterwards to revoke it when convinced that it had been improvidently issued, thereby conforming its proceedings to the requirements of law.</p> <p>School Boards — Property Exempt prom Attachment. — Funds in the hands of the treasurer of a school board, or in the bank on deposit to his credit, are not subject to writs of garnishment, execution, or attachment.</p>

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

<p>Contracts of Agency — Restrictive Intrepretation. — Contracts of agency, in accordance with the natural law of equity and our Civil Code, must be interpreted in a restricted sense.</p> <p>Agency — Loan of Money — Constitution of Mortgage. — A clause in a contract of agency authorizing the agent "to receive as a loan the sum of $500, and to this end to secure it by mortgage, and conferring upon him the powers necessary to appear before a notary to execute the mortgage deed, with the causes and conditions which he may deem proper, stipulating time, interest and other particulars, defraying the expenses of documentation and record, and, in fact, doing everything necessary to carry out the mandate conferred on him,” does not imply an authorization to secure by mortgage $200 for costs and attorney’s fees in case of litigation.</p> <p>Curable Defects — Special Power of Attorney — Nonpresentation Thereof.— When the clause conferring special power is transcribed in an instrument, the notary must state that the clause transcribed is the only clause of the power of attorney, or that such clause- rvas not amended, nor explained by, nor connected with, any other clause of the document, and should he fail to do so, the nonpresentation of the power of attorney at the registry constitutes a curable defect.</p>

<p>Penal Law — Murder in the First Degree — Insufficiency of Evidence — Verdict of the Jury. — The verdict of the jury when approved by the trial court, and a judgment is rendered thereon, will not ordinarily be disturbed by an appellate court, unless the evidence should prove to be so weak and unsatisfactory that it must necessarily be inferred therefrom that the jury, in finding their verdict, were influenced by passion, partiality, prejudice, or other improper motive.</p> <p>Id. — Instructions to the Jury Asked by Defendant’s Counsel — Absence of Objection. — The trial court having given to the jury all the instructions asked by counsel for the defendant, and no exception having been taken to those given by the court on its own initiative, any error committed on the latter, not excepted to, shall not be held sufficient cause for reversing the judgment, if enough proofs exist to establish the guilt of the defendant.</p> <p>Id. — Direct Evidence — Circumstantial Evidence. — In cases of circumstantial evidence, facts should be proved which are not only consistent with the guilt of the defendant but inconsistent with any reasonable hypothesis of innocence; and every simple fact from which the deduction of guilt is to be drawn must be proved by evidence which satisfies the minds and consciences of the jury to the same' extent that they are required to be satisfied of the . fact in issue in cases where the evidence is direct.</p> <p>Id.- — Circumstantial Evidence — Accusation of Murder — Verdict of Conviction Based on Circumstantial Evidence. — In order to justify a verdict of conviction for the crime of murder, dependent only on circumstantial evidence, the facts on which such verdict is based must be absolutely inconsistent with the innocence of the defendant, and admit of no explanation other than the reasonable supposition that he is guilty.</p> <p>Id. — Circumstantial Evidence — In Cases of Murder — Instructions to the Jury. — -In conformity with the foregoing doctrine, where a case of this nature is submitted to the jury, the latter should be instructed to the effect that said doctrine froms part of the law applicable to the ease, the instructions, in general terms, on the legal principles relating to a reasonable doubt, not being sufficient.</p>

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

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

<p>'Professional Services — Remuneration—Lack of Agreement. — According to section 1486 of the Civil Code, amended by tlie Act of February 24, 1906, where there is no agreement as to remuneration for professional services, the just and reasonable value of such services may be recovered in any court of competent jurisdiction.</p> <p>Id. — Offer to Settle. — A sum offered to settle a claim for services is no evidence of the value of such services.</p> <p>Id. — Plans—Owner of the House. — The fact that the person who employed the services of the plaintiff to draw some plans was not the owner of the house does not affect the right of the plaintiff to recover the value of his services, it having been shown that the defendant employed his services and that the house was built in accordance with said plans.</p>

<p>Nullity of Proceedings to Establish Ownership — Summoning of Adjacent Owners. — According to article 395 of the Mortgage Law, the summoning of adjacent owners is not an indispensable requisite in proceedings to establish the ownership of an estate.</p> <p>Fraudulent Sale — Third Person.- — No one can appear as a third person who is a party to a fraudulent contract, because neither the Mortgage Law nor any other law can protect a fraud.</p> <p>Fraud — Evidence Required. — Something more than mere suspicion is required to establish fraud in a conveyance of land made by public document. Fraud must be proven by evidence which is clear, strong and convincing, for all presumptions are against it.</p>

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

<p>Nonsuit — Demurrer to the Evidence. — A demurrer to the evidence requires a consideration of all the evidence produced, and a single point or question cannot he selected as basis for the reversal of the judgment.</p> <p>Id. — Admission oe Facts 'Proven.- — By the presentation of a motion of nonsuit the truth of all the facts proven or to which the evidence refers is admitted.</p> <p>Id. — Discretion of the Court — Examination oe all the Eaots Proven on Appeal. — A motion offering a demurrer to the evidence (nonsuit) is addressed always to the discretion of the court, and when the matter is brought before the appellate eourt an examination of all the facts proven on the trial must be made.</p>

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

<p>Criminal Law — Restraint and Monopoly — Evidence op Existence op Contract. — The fact that the defendants had agreed among themselves to rent all or nearly all the working bakeries of the city of Mayagüez, and to raise the price of bread, constitutes no evidence of the existence of a legal contract, inasmuch as the existence of the consideration was not proven, nor what were the stipulations thereof and who were the parties entering into said contract.</p> <p>Id. — Monopolies (Trusts) — Elements Essential to their Existence. — In order to constitute a trust, some arrangement, direct division of properties, restrictive contract, or similar elements, must be shown to exist, in addition to the mere alleged combination or conspiracy.</p> <p>Id. — Monopoly (Trust) — Judicial Entity — Organization of a Trust. — In this class of offenses it is necessary to prove the existence of a definite organization as a juridical entity comprised within some known definition of the word "trust”; but even supposing that a trust has been organized, that is not enough to convict the defendants.</p> <p>Id. — Monopoly (Trust) — Destruction of Competition — Detriment- to the Public. — According to the doctrine laid down by the court, one of the essential elements to the existence of a monopoly is the destruction of free and lawful competition, as well as the detriment that thereby may be caused to the public.</p> <p>Id. — Monopoly (Trust) — Definition.—A monopoly exists where all or nearly all of an article of trade or commerce within a community or district is brought within the hands of one man, or set of men, so as to practically bring the handling or production of the commodity or thing within such single control, to the exclusion of competition or free traffic therein. Anything less than this is not a monopoly.</p> <p>Id. — Monopoly (Trust) — Control of Price. — According to the jurisprudence established, one of the principal elements which must coexist with a monopoly is a single control of the price of the commodity in any community.</p> <p>Id.- — Federal Antitrust Law — Foraker Act — Contracts in Restraint of Trade — Application to Porto Rico.' — The Federal Antitrust Law of July 2, 1890 (U. S. Statutes at Large, vol. 27, p. 209 of 1890), is applicable to Porto Rico, under section 14 of the Foraker Act, in everything having reference to contracts in restraint of trade, and the insular Law of March 14, 1907, which prohibits contracts in restraint of trade is against the Foraker Act, a district court having no jurisdiction to take cognizance of a cause based on such contracts.</p>

<p>Appeal from a Decision of The Registrar of Property of Caguas.</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>Validity of Contracts — False Consideration and Actual Consideration.— The mere fact of the expression of an inaccurate and false consideration made by the parties upon the execution of the contract, does not invalidate the same, whenever it appears to have been based in another which, although different from the one expressed, may be actual and lawful; for in such ease the lack of consideration being only apparent, the obligations contracted by the interested parties with full knowledge may be valid.</p> <p>Action to Recover — Conjugal Property — Liquidation of Conjugal Partnership — Title in Favor of Defendant. — To recover alleged conjugal property found in possession of a defendant by virtue of a recorded title, it is not enough to cancel said title, but the liquidation of the conjugal partnership is a necessary requirement, as also the corresponding adjudication of said property to the plaintiffs as payment of their shares.</p> <p>Td. — Essential Elements oe the Action. — The action for recovery can only be prosecuted by the owner as an effective means to recover the thing which lawfully belongs to him when the following requisites are present: That the claimant, and no other, be the legitimate owner of the thing sought to be recovered (dominion right); that the thing claimed, and no other, be the one belonging to him (identity of the thing); and that said thing be unduly found in possession of the defendant (possession of the thing).</p> <p>Id. — Title Recorded in Pavor of-Deeendent — Nullity -oe Title. — If the defendant in an action to recover shows a recorded title which protects him in the possession of the thing claimed, it is necessary to aver, prove and declare that said title and record suffer from a vice of nullity; and until such nullity is declared by a final order, it will be legally impossible to declare or admit the rights of the plaintiffs to the same thing. It is not decided whether the action to recover and that of nullity can be prosecuted in the same suit.</p> <p>Action to Recover — Action to Recognize a Legal and Tacit Mortgage. — The action to recover and that for the recognition of a legal and tacit mortgage on the preperty sought to be recovered, are incompatible in the same suit.</p> <p>Paraphernal Property — Legal Mortgage. — According to Law 37, title 13, par-tida four, ‘ ‘ the property which a married woman acquires by inheritance and all those whose dotal character does not appear, necessarily enter into the hind of extra dotal or paraphernal property.”</p> <p>Id. — Maternal Inheritance. — According to Law 17, title 11, partida four, the paraphernal property has the same privilege as the dowry, because in the same manner as all the properties belonging to the husband are bound to the wife, if the husband sells or wastes the dowry, so also are they bound with respect to the paraphernal property.</p> <p>Id. — Liability oe the Husband — Ownership oe Paraphernal Property — Their Administration. — The ownership and administration of the paraphernal property belong to the wife, and only as an exception are they transferred to the husband in administration, when in an express manner and authentic form the same are delivered to him by the wife.</p> <p>Id. — Liability oe the Husband — Delivery oe Paraphernal Property — Law Applicable to the Case. — The liability of the husband for the paraphernal property arises at the moment of the delivery thereof, according to the manner prescribed by the law; and it being fixed in the case at bar that the date of the delivery was the year 1874, the same should be governed by the laws in force at that time, which were the aforesaid “Leyes de Partida’’ and “Novísima Recopilación.”</p> <p>Id. — Delivery oe the Paraphernal Property to the Husband — Insufficient Proof — Husband’s Confession. — The confession of the husband of having received the paraphernal property is not sufficient proof of the delivery of the said property.</p> <p>Id. — Delivery of ti-ie Paraphernal Property to the Husband — Ti-ie Testimony of Witnesses Insufficient. — The statement of witnesses who only assert in a vague manner and in general terms that the defendant represented and administered the proqierty belonging to his wife which had been delivered to him by virtue of an agreement made in the family, without specifying in what said property consisted, or when, at what time, or in what manner the special delivery required by the law was made Mm, cannot he considered sufficient to establish such delivery.</p> <p>Id. — Husband’s Liability — Sale op the Paraphernal Property Without the Consent oe the Husband. — In order that the property of the husband should become bound for the value of the paraphernal property by reason of the sale thereof, it is necessary that these should be sold with the consent of both husband and wife and that the proceeds should come into his possession. If it should not appear that the proceeds of the paraphernal property came into his possession, his property is not bound and, therefore, no legal mortgage arises.</p> <p>Third Parties — Knowledge op the Contract — Entries in Books op Commerce. — The fact that a defendant who invokes the character of a third party is a partner of a mercantile firm in whose books an account is kept with the succession of the owner of the property in litigation, is not sufficient, by itself, to justify the presumption that said partner had any personal knowledge of the entries therein, without some proof of the manner of keeping said books and of the active existence of such knowledge.</p> <p>Id. — Personality op a Partnership — Entries in Books op Commerce. — The way an account is entered in the books of a mercantile firm is not conclusive of the existence of a particular person or society, as it might very well be that the account was opened in the manner it was, by mistake.</p> <p>Third Parties — Property Acquired with a Knowledge op Encumbrances Not Recorded in the Registry. — Although the meaning and spirit of section 34 of the Mortgage Law is not so absolute as to authorize us to consider as a third party the person who acquires a real property knowing the charges by which it is encumbered, although said charges do not appear in the registry, it is necessary that such knowledge should reveal itself by the personal acts of the party acquiring said real property or by facts the significance of which cannot be mistaken and which demonstrate his assent.</p> <p>Appeal — Statement op the Case — Documentary Proop. — The documentary proof must be inserted in the statement of the case, it not being sufficient for the purposes of the appeal that they be added to the record joined to the judgment roll.</p>

<p>Railroad Franchises — Approval by the President op the United States— Date oe Becoming Operative. — In accordance with section two of the Joint Resolution of Congress of May 1, 1900, an ordinance of the Executive Council of 'Porto Rico granting a railroad franchise shall have force and effect immediately after being approved by the President of the United States.</p> <p>Condemnation Proceedings — Specific Description of the Property Subject to Expropriation. — It is an indispensable requisite, in order to institute condemnation proceedings, that the Executive Council shall describe specifically the property which is to be condemned, in accordance with the Act of March 12, 1908.</p> <p>Id. — Declaration of Public Utility — Insertion in the Complaint. — It is an essential requisite of the complaint in condemnation proceedings that it contain a full insertion of the declaration of public utility made by the Executive Council, according to section four of the Law of Condemnation Proceedings, amended March 12, 1908.</p> <p>Id. — Selection of Land Which Is to be Expropriated. — The Law of Condemnation Proceedings, amended March 12, 1908, does not grant railroad companies the right to select the lands needed for their purposes and which in their opinion should be expropriated.</p> <p>Id. — Condemnation Proceedings — Law Regulating Same. — This complaint having been filed after the Law of Condemnation Proceedings of March 12, 1908, was already in force, the proceedings must be carried on in accordance with this new law.</p>

<p>Criminal Law — Perjury—Elements Essential to the Crime — Proofs.—It is not enough to show in a prosecution for perjury that the defendant made an oath alleging as true a fact that was shown to he false. It is necessary to prove also that the defendant knew that his statement was false, or that it was an unqualified statement of a fact which he did not know to he true, which statement, according to section 122 of the Penal Code, is equivalent to a statement of that which he knew to he false.</p> <p>Id. — Perjury—Agreement of the Evidence with the Information. — A defendant accused of the perjury defined in section 117 of the Penal Code, cannot he convicted on evidence tending to show perjury as defined in section 122 of the same Code.</p> <p>Id. — Erroneous Instructions to the Jury. — In the case at har the jury were given, among others, the following instructions: ‘ ‘ The unqualified statement of what one does not know to he true is equivalent to a statement of what one knows to he false,” leaving it to the jury to infer that the proof of the unqualified statement was all that was necessary to convict. ’The court held that such instructions were contrary to law.</p> <p>Id. — Erroneous Instructions to the Jury — Malice.—The instructions were erroneous in another respect because they failed altogether to take notice of the element of malice, inasmuch as a corrupt oath is necessary to the crime of perjury.</p> <p>Id. — Erroneous Instructions — Absence of Exceptions Thereto. — Where the instructions to the jury are erroneous, and no exception has been taken thereto, the case should not he reversed because of such instructions.</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 G-uayama.</p> <p>The facts are stated in the opinion.</p>

<p>^Execution Proceedings for Recovery oe Mortgage — Sufficiency of a Title of Credit. — When it appears that the deed constituting the mortgage has been recorded in the registry and that it is not canceled nor pending cancellation, and that the debt is true and demandable, it must necessarily be acknowledged that the title of the credit contains the - necessary legal requisites to warrant the issuance of execution.</p> <p>Prescription — Mortgage Action — Interruption by Judicial Claim — Secondary Evidence. — Secondary evidence is admissible when consisting of the testimony of witnesses and a copy of the. ‘ ‘ Caceta de Puerto Eico ’ ’ to establish the existence of the record of proceedings, which should be filed in the secretary’s office of the district court; therefore, a certificate issued by the secretary oí said court having been presented, stating that, upon an examination of the index of the archives of the office .under his charge, it has not been possible to find the record of the proeedings sought and the existence of which was to be established, the loss of such record is thereby sufficiently established, because, upon proof of the fact that such record is not in the place where it legally should be cared for and filed, its loss is ipso faoto sufficiently established, and in such case the documentary evidence and the testimony of the witnesses, of a secondary character, was perfectly admissible.</p> <p>Id. — Mortgage Action — Legislation Prior to the Civil Code. — In accordance with Law 63 of Toro, a mortgage action prescribes in 30 years.</p>

<p>Proceedings to Establish Ownership. — Identification of the Property. — To arrive at the conclusion that two rural estates under discussion are the same, the fact that the adjoining owners are not absolutely the same is a discrepancy of no importance and which need not be taken into account.</p> <p>Contradictory Evidence — Consideration Thereof. — "When the evidence is contradictory this court cannot set aside the conclusion reached by the trial court, unless it be shown that the latter in weighing .the evidence has acted with passion, or prejudice, or that it was prompted by some other similar motive.</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 Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Proceedings to Establish Dominion Title — Confusion in the Determination of Coownerships. — In order to record a eoownersMp it is neeessary to define it by stating in the title the total value of the real property and the interest therein of each participant, defined, either by a specific figure or amount, or by a common or a decimal fraction; and a judgment rendered in proceedings to establish dominion title which does not contain these requisites is not recordable.</p> <p>Id. — Requisites of the Record of a Coownership. — In accordance with'the decision of the General Board of Registrars of Spain of June 6, 1894, the provision of section nine, subdivision two, of the Mortgage Law, in so far as it requires that the extent of the interest recorded be determined, imperatively requires with respect to a eoownership that the record thereof show the aliquot share of each participant with such clearness that a third person may recognize it without question.</p> <p>Denial of Record — Sale by a Person Who I-Ias Not Recorded His Title in the Registry. — When a property, the object of a sale, is not recorded in the registry in the name of the vendor, the purchaser cannot record his title until this requisite has been complied with.</p>

<p>Dissolution op Attachment — Sale op Cane Plantation — Opposition to the Sale. — In the ease at bar the appellants seek the dissolution of an attachment levied at the instance of the respondent on a cane plantation sold to the appellants by a third party who owed the respondent a certain sum of money. The defendant attacks said sale as fraudulent, and the court held that inasmuch as neither the simulation of the sale nor the fraud alleged to have been committed, had been proven, the attachment should be dissolved and the attached property or the value thereof returned to the appellants.</p> <p>Id. — Sale Attacked as Fraudulent — Acts of Dominion Exercised by the Vendor. — Even in the supposition, not borne out by the evidence, that the vendor had continued on the farm and exercised acts of dominion over the cane, these facts in themselves would not be enough to destroy the presumption of good faith which the law throws around every transaction.</p> <p>Id. — Insolvency oe Vendor — Insufficient Proof. — The fact that a debtor of a certain sum has sold a crop of cane without paying the person who had lent him the money to plant it is no proof of said debtor’s insolvency.</p> <p>Id. — Evidence of Fraud. — The existence of fraud in a contract is not a matter to be decided by mere suspicion or vague inference.</p> <p>Id. — Liquidation of the Conjugal Partnership — Capacity of the Contestant. — A person who is not an heir of the spouses nor otherwise interested in the liquidation of the conjugal partnership has no capacity to allege the absence of said liquidation in an action such as the one at bar.</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>RENDITION OE ADMINISTRATION ACCOUNTS-RECOVERY OF MORTGAGE CREDIT. — It liaving been proven in the case at bar that both parties litigant had agreed that the defendant should take charge of the administration and direction of an estate, for the purpose of collecting the amount of a mortgage constituted thereon, the court Held: That the rendition of administration accounts demanded by the plaintiffs in this case could not affect the amount of the mortgage credit which the defendant bank has sought to recover from the plaintiffs.</p> <p>Publication of Notices — Recovery of Mortgage — Irregularity in the Publication of Notices. — A failure to publish the notices in due time and the publication thereof in consecutive issues of the newspaper instead of once a week, are irregularities which cannot be pleaded for the first time on appeal, but must have been previously alleged in the lower court, and established by means of evidence included in the statement of the case.</p> <p>Foreclosure of Mortgage — Writ of Attachment. — In this ease noncompliance with section 250 of the Code of Civil Procedure was alleged as an error on appeal. Held: That inasmuch as the complaint did not allege the nullity of the order of foreclosure because it authorized the attachment and sale of more property than was necessary for the payment of the credit claimed, and the record does not even state in what terms it was issued, this court cannot determine whether or not said section 250 was violated.</p> <p>Breach of Mortgage Contract — Appraisal of the Mortgaged Property as Agreed Upon in the Mortgage Deed — Repeal of Compulsory 'Proceedings. — The special proceeding for the recovery of mortgage debts continues in force as to the first part thereof, namely, up to and including the provisions in regard to the demand for the payment of the debt, but it has been repealed as to that portion which might be known as compulsory proceedings — that is, that portion having reference to the sale of the encumbered property — which must be entirely under the Act of March 9, 1905, relating to judgments and the manner of satisfying them.</p> <p>Construction of Section 127 of the Mortgage Law.- — Section 127 of the Mortgage Law, which requires that in the mortgage shall appear the value of the estate as appraised by the contracting parties so that it may serve as basis for the judicial sale whieh can take place, where the period of the loan having expired it does not appear in the registry of property that said loan has been paid, cannot be construed in the sense that the appraisal of the estate by the contracting parties constitutes a fixed price, unalterable and not subject to reduction, for the sale or award.</p> <p>Public Sale of Mortgaged Property — Estimate of Said Property. — According to paragraph* three, section 172, of the Regulations for the execution of the Mortgage Law, the estimate of the mortgaged property shall be the basis for the public sale, when said estimate exceeds the amount of the preferred obligations, and when lower than the amount of sueh preferred obligations, it shall be the lowest acceptable basis of the sale. In the first case the word "basis” is not accompanied by the quantitative adjective "lowest,” as occurs in the second, which would seem to indicate that in the first case a sum lower than the estimated value may be admitted as the priee at the sale, but not so in the second case.</p> <p>Construction of the Word "Basis” fob the Sale. — According to paragraph six of section 172 of the Regulations for the execution of the Mortgage Law bids may be admitted at the sale for two-thirds of the priee fixed in the notices — that is to say, of the estimated price of the property — provided such two-thirds exceed the amount of the preferred liabilities, it being therefore evident that, in such ease, bids may be made for a sum lower than the estimated priee, and that the word "basis,” employed in the law, does not signify that the appraised value of the property is a price not susceptible of reduction, in accordance with which the sale must be made.</p> <p>Public Sale of Mortgaged Property — Preferred Credits — Award to the Execution Creditor. — According to paragraph nine of section 172 of the Regulations for the execution of the Mortgage Law, should the second auction result in no sale or award, other auctions may be held at the instance of the claimant, for an amount not less than the preferred credits; and the award may also be requested by him in such case for the same price, with the obligation of covering sueh liens when they fall due, he being subrogated with respect to them, in the place of the debtor.</p> <p>Id. — When No Bids for Mortgaged Property Are Made nor Award Thereof Requested. — According to section 173 of the Regulations for the execution of the Mortgage Law, in ease it should be necessary to hold the sale for a sum equal to the debts preferred to that of the plaintiff, and no sale should take place nor award requested within the 10 days following, the right of the execution creditor shall be reserved to bring an action under the ordinary declaratory suit or execution proceedings, for the recovery of his credit and the costs of the summary proceedings, against any property whatever belonging to the persons responsible.</p> <p>Award to the Execution Creditor for an Amount Not Less Than the Preferred Credits. — According to section 174 of the Regulations for the execution of the Mortgage Law, when the award is made to the execution creditor for an amount not less than the preferred credits, his credit is not extinguished by merging the character of creditor and debtor in one and the same person, but in sueh case the award would be made solely for the irreducible value of the preferred credits, thereby extinguishing the mortgage, while the credit of the execution creditor would be reduced to the category of a common debt, for the recovery whereof other property of the debtor may1 be proceeded against.</p> <p>Constitution of the United States — Not in Force in Porto Rico. — The appellants have invoked as ground for the appeal article one, section 10, first paragraph of the Constitution of the United States, which provides that no State shall enact any law affecting the obligations of contracts. Held: That the Constitution of the United States is not in force in Porto Rico, nor is this Island a State of the American Union.</p> <p>Acquired Rights — Act of March 9, 1905, Relating to Judgments and the Manner of Satisfying Them. — This act is not a substantive law, but an adjective or procedure law, and as such could and should have been, applied from the date provided therein to all pending proceedings and those about to be instituted.</p> <p>Bulbs of Procedure — Theie Application to Bending Proceedings. — It cannot be admitted as a general principle that the rules of procedure applicable1 on the date when a right originates or arises, should be applied at any timo it is sought to enforce such right, irrespective of the rules of procedure1 which might have taken the place of the previous ones, because this might, bring about as a consequence the necessity of a multiplicity of proceedings: and even of courts, to decide upon the rights of the parties.</p> <p>Substantial Bights of the Parties — Mortgage Contract. — In this case the1 sale of the mortgaged property for the purpose of recovering his credit is-a substantial right of the mortgage creditor, and the mortgage debtors must also be recognized to have as substantial a' right that such sale be made by a public authority and in a public manner, so as to derive the greatest, benefit therefrom; but whether the sale is to be made by the judge, as was: formerly the case, or by the marshal, as now done, whether one or more sales are to be held, and whether certain bids are admissible or not, these are questions of procedure which do not affect the substantive law, and . therefore they are subject to the changes which may be established by the legislative power for the prosecution of actions.</p> <p>Bendition of Administration Accounts. — The plaintiffs being the owners of the estate which the defendant bank had in administration, the latter cannot be relieved from the obligation of rendering the accounts of its administration, nor can the plaintiffs be deprived of the right to examine the same in order to exercise such actions as they may believe to lie.</p> <p>Judgment — Pronouncements Contrary to Law. — In this case the lower court made the following pronouncement: "And in ease there should be a balance-in favor of the plaintiffs, after all the expenses vouched for and the credit of $12,176.96, for the recovery of which the defendant took charge of the-administration of the ‘Laura' estate, shall have been paid, said defendant is: ordered to deliver the said balance to the plaintiffs.” Held: That such pronouncement was contrary to law and premature.</p> <p>Costs Taxed Against the Defendant — Judicial Discretion. — The court Held:That the part of the judgment which taxes the costs against the defendant does not conform to sound judicial discretion, for, even on the assumption, that said judgment were upheld in all its particulars, as it rejects some of the claims of the plaintiff, the costs cannot be taxed 'agaist the defendant bank.</p>

<p>Judgment by Default — Extension of Time for Answering Complaint — Setting Aside a Default — Affidavit of Merits. — Where a motion to set aside a default is made, or where motions are made to extend the time when said time has about expired, the defendant who asks such privilege should file an affidavit of merits in which he must show the court, that not only was his negligence excusable, but that he also had a meritorious defense.</p> <p>Id. — Abuse of Discretion — Affirmation of Judgment by Default. — -Where a plaintiff is entitled to a judgment by default because of the expiration of the time, and such judgment is rendered by the court, the same will not be set aside by this court, unless an abuse of discretion is shown.</p> <p>Id. — Setting Aside a Default by the Trial Court. — Under section 140 of the Code of Civil Procedure, the trial court has power to set aside a default upon such terms as it may deem just.</p> <p>Id. — Annotation of Default — Inexcusable Negligence of the Defendant.— In this case, after the annotation of the default had been made by the secretary, the defendant asked that the time for answering the complaint be extended, alleging illness, and filed two affidavits, one from the defendant and the other from a physician, but failing to show why he had waited till the last moment to ask for the extension of time. Seld: That the defendants did not display the necessary diligence, and therefore it has not been shown that the court below had abused its discretionary power in refusing to set aside the default.</p> <p>Id. — Strict Compliance With the' Law.- — In order that a plaintiff may be entitled to a judgment by default, a strict compliance with the law is necessary, and the summons must meet the requirements of the law.</p> <p>Id. — Actions Arising on Contract — Damages.—In the case at bar, the summons served upon the defendant notified him that the plaintiff would take judgment according to the complaint. Held: That in actions arising upon contract, according to paragraph four of section 89 of the Code of Civil Procedure, that part of the summons containing the notice must specify the sum for which the plaintiff will take judgment in case the defendant should fail to answer the complaint. For this reason and because the damages are uncertain, the judgment appealed from was reversed, leaving the entry of default and ordering the court below to proceed with the trial of the case for the purpose of ascertaining the amount of damages sustained by the plaintiff.</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 Caguas.</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>Lease op Rural Estate — Damages por Sale op Leased Estate. — In the ease at bar the plaintiffs claim damages from the defendant because the latter had sold an estate he had leased them, before the expiration of the lease. The damages consist of three items, namely, one of $1,000 for keep of oxen and cattle at large on the leased lands for six months; another of $500 for product of 25 cnerdas of tobacco which they contemplated sowing on ■ these lands, as was the custom of the lessees; and $1,000 for damages caused in the grinding of cane on the plantation of the plaintiffs, by reason of their having been deprived of sufficient pasture lands for the oxen on lands near the plantation. Seld: That some of the aforesaid items were too unlikely and have not been borne out by the evidence, while the others were based on considerations too speculative and remote.</p>

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

<p>Injunction — Foreign Corporations — Domicile.'—In this case it was alleged in the complaint that the defendant is a corporation created under the laws of the State of Connecticut, and authorized to do business in Porto Eico. Held: That in view of the above-stated fact it is to be concluded that the residence of the corporation defendant is not Fajardo, but the State of Connecticut.</p> <p>Id. — Foreign Corporations — Domicile.—The domicile of a foreign corporation is the place of its creation.</p> <p>Id. — Foreign Corporations — District Wherein They Must Be Sued. — No provision is to be found in our laws which expressly determine that a corporation created out of the Island, and authorized to do business in the Island,- should be sued in the district where its principal office is located.</p> <p>Id. — Inasmuch as the defendant has no residence in this Island, and the judicial district of Ponce has been designated by the plaintiff in his complaint, the court of said district has power to take cognizance of this case, in accordance with its jurisdiction, without prejudice to its faculty to change the place of trial.</p> <p>Id. — Jurisdiction—Location of the Land. — When a court has jurisdiction over the defendant, as happens in the present case, the location of the land is of no importance for the purpose of determining the competency of the court in the matter of injunction, because an injunction is a proceeding which properly acts upon the person and not directly upon the thing.</p> <p>Id. — Evidence—Absence oe Statement oe Facts. — It appearing from the order appealed against, that evidence was taken, and such evidence not having been included in the transcript of the record transmitted to this court, we must confine ourselves to an examination of the sufficiency or insufficiency of the application, which in this ease shows that the writ of injunction was properly applied for and justly granted.</p>

<p>Paraphernal Property — Liability oe the Husband’s Property. — The law applicable to the present ease, as far as the liability of the property of the husband to answer for the personal property of the wife is concerned, is the ■one previous to 1880, in accordance with the provisions of section 363 of the Mortgage Law which was put in force in this Island on the 1st of May, 1880; which section corresponds to section 355 of the Mortgage Law of Spain ■of the 21st of December, 1869. (Judgment of the Supreme Court of Spain ■of the 2d of June, 1884.)</p> <p>Id. — Delivery of Paraphernal Property. — The plaintiff ought to have proved that she delivered her personal property to her husband in an express manner and with the intention that he should have' the control (señorío) of the same, so that it should be clearly understood that the property of the husband became legally mortgaged to secure said delivery.</p> <p>Id. — Insufficient Proof of Delivery. — In the case at bar the evidence presented by the plaintiff going to show the delivery to the husband of the parapher-nal property, consisted of her own statements, a written deed granting the power of attorney and the writing of respite executed by the creditors of her husband, and of the measures taken by her after the execution of these deeds. Held: That such evidence cannot be reasonably considered as sufficient proof of the delivery of the paraphernalia to the husband whereon to base a judgment in favor of the plaintiff for the recovery of an alleged implied mortgage.</p> <p>Id. — The delivery of the personal iwoperty of the wife to the husband not having been proven, this, court cannot arrive at the conclusion that the property of the husband was legally mortgaged, and it must be presumed that the wife continued administering her own property and that the claim now brought forward is unfounded.</p>

<p>Injunction — Trial—Bules oe the District Courts. — The fourth section of the district court Buies does not apply to the procedure prescribed in section 10 of the injunction act.</p> <p>Id. — In the case at bar the court held as proven that at the time the plaintiff acquired the cuerda of land, referred to in his complaint, the defendant had already laid his line in the same place where it was when the hearing of the ease was had, and that the cars for the transportation of the sugar-cane to a scale belonging to the defendant passed over said line and that, according to the evidence taken, said track is laid along the public road and not upon private lands belonging to the plaintiff. For this reason the judgment appealed from was affirmed.</p>

<p>Divorce — Dissolution of Matrimony — Effects of a Judgment of Divorce as to Property — Notice and Trial. — In the case at bar the wife, having obtained a judgment in her favor, declaring the marriage dissolved, and when the judgment had become final, requested, by means of a motion filed with the lower court, that the husband be ejected from the conjugal domicile, alleging for the purpose that the house was her exclusive property. The motion was based on an affidavit, but in the original complaint no petitions had been made relating to rights of ownership, and neither the motion nor the affidavit had been notified to the defendant. The court below decreed the ejectment of the plaintiff. This court Seld: That although a judgment of divorce carries with it the dissolution of the matrimonial bond, it does not change ipso facto the possession of either party. It is also necessary that the complaint should contain a prayer with respect to these rights. And it is an indispensable prerequisite that the defendant should have been heard and overcome in a trial.</p>

<p>Criminal Law — Malicious Damage — Boundary Lines of Bural Property— Disputes oyer Same. — When it has been shown in the record that between the father of the defendant and the plaintiff there exists a question or dispute as to the boundary lines of their respective properties which are adjoining, it cannot be held that the defendant in representation of his father maliciously causes damage to the plaintiff, by demolishing a fence, when he believed that he was acting in vindication of a legitimate right, such as that of ownership.</p>

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

<p>Sale oe Land in Payment oe Taxes — Record oe Same in the Name op Another Person. — A deed of sale executed by a collector of internal revenue is not recordable in the registry when the propetry sold for taxes appears recorded in the name of a person other than he against whom the proceedings were taken.</p>

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

<p>Motion to secure appointment of receiver.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Fundamental Errors.— Where there is no bill of exceptions nor statement of facts, and it has not been shown that the lower court committed any fundamental errors, the judgment appealed from must be affirmed.</p>

<p>Redemption of Property Sold for Taxes — Municipalities—Legal Entities.— Municipalities, as legal entities, are unchangeable so long as the organic law creating them and establishing and regulating their authority continues in existence. The natural persons constituting them may change, but the legal entity remains the same, with all the rights and duties conferred and imposed by law.</p> <p>Id. — Diligence on the Part of Redeemer. — In the ease at bar the court considers that the municipality of Mayagüez has not shown due diligence in attempting to redeem the property sold for taxes.</p> <p>Id. — Fraud—Conspiracy.—The conclusions of the trial judge, in regard to the existence of fraud and a conspiracy between the defendants, are erroneous because fraud cannot be presumed, and in this case it has not been proven; and the contention as to the existence of a conspiracy is without any foundation.</p> <p>Id. — Right of Redemption — Who May Exercise the Same. — In accordance with the provisions of section 318 of the Political Code, the only person who may redeem property sold for taxes is the owner thereof, or his heirs, assigns, or duly authorized agents.</p> <p>Id. — Interpretación of Term "Owner.” — The meaning of the word "owner,” according to article 354 of the Civil Code, excludes every natural or legal person who does not possess the right to enjoy and dispose of the things owned without any limitation other than those established by law.</p> <p>Id. — Holder of Censo. — In accordance with the foregoing doctrine, the owner of a censo has no right to redeem property sold for taxes.</p> <p>Id. — Consignation of Amount After Expiration of Redemption Period. — Although under a liberal interpretation the municipality of Mayagiiez is deemed to be the owner of the property because of the fact that it holds a censo which encumbers the same, it was guilty of evident and gross laches and finally deposited the amount necessary for the redemption in the registry of property, after its right so to do had terminated by reason of the expiration of the period of ninety days mentioned in section 348 of the Political Code.</p> <p>Id. — Nullity of Assignment of Right of Redemption — Erroneous Judgment.— In this case the error was committed in the judgment of declaring the deed of assignment of the right of redemption to be null and void without having sued the assignee, and therefore without his having had his day in court.</p> <p>Id. — Effect of Certificate of Sale — Cancellation of Transferable Perpetual Censo. — In accordance with the provisions of section 315 of the Political Code and article 125 of the Mortgage Law, a sale at public auction for taxes on the property encumbered by a transferrable perpetual censo carries with it the cancellation of the encumbrance, and the party acquiring the same at public sale has a right to have the certificate of sale recorded free from encumbrances.</p>

<p>Appeal — Bill op Exceptions — Statement op Eacts — -Manifest Ebkoks. — When, the transcript of a record does not contain a bill of exceptions nor statement of facts and it does not appear that the court below has committed any error,, the judgment appealed from must be affirmed.</p>

<p>Habeas Corpus — Appealable Judgment. — In accordance with the provisions of sections one and two of the Habeas Corpus Act of March 12, 1903, the order appealed from by the fiscal is appealable by either of the aggrieved parties, and therefore this appeal should not be dismissed on that ground.</p> <p>Id. — Errors of Procedure. — The writ of habeas corpus cannot be resorted to for the purpose of reviewing errors or irregularities of procedure which do not involve questions of jurisdiction.</p> <p>Sale of Adulterated Milk. — In the ease at bar this court held that the District Court of Arecibo, in condemning the petitioner in the prosecution against him for having in his possession and offering for sale adulterated milk, had jurisdiction of the offense and did not exceed the limits thereof in its exercise of the same.</p> <p>Id, — Defective Information. — The question whether or not an information is defective or irregular, for the reason that it was 'not drawn in accordance with the provisions of section three of the Penal Code, amended by the Act of May 28, 1904, cannot be raised in habeas corpus proceedings, and the judgment rendered thereunder is not null and void, and the petitioner should therefore be remanded.</p>

<p>Decided on the same grounds as those set forth in the opinion in case No. 198, Ex parte Finio, decided October 22, 1909, P. R. Rep., p. 629.</p>

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

<p>Decided on the same grounds as those set forth in the opinion in case No. 198, Px parte Pinto, deeided October 22, 1909, P. R. Rep., p. 629.</p>

<p>Decided on the same grounds as those set forth in the opinion in case No. 198, Bx parte Pinto, decided October 22, 1909, P. R. Rep., p. 629.</p>

<p>Dismissal op Appeal prom Decision op Registrar — Expiration op Time Within Which Same May be Taken. — In the case at bar the appeal was dismissed because notice of the decision of the registrar was served on the party in interest and he failed to present in this court the document whose admission to record was sought until after the expiration of the period of 20 days provided for by section 801 of the Revised Statutes of Porto Rico.</p>

<p>Partition oe Inheritance — Judicial Approval — Incurable Defect. — Partitions of inheritance, where there are minor heirs, must be judicially approved by the court, and failure to secure such approval constitutes an incurable defect which prevents the admission of the deed of partition to record.</p>

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

<p>Mandamus — Adequate Remedy.. — The writ of mandamus will issue only in cases where there is no plain and adequate remedy in the ordinary course of the law.</p> <p>Appeal from Decision oe Eegistbae — Statutory Construction. — The act of March 12, 1902, establishing an appeal from the decisions of registrars of property is of a general character, and provides a plain and adequate remedy of appeal from all decisions of registrars of property refusing to enter or suspend a record, notice, or cancellation.</p>

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

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

<p>Record op Hereditary Rights — Necessary Requisites. — In order that a hereditary right may be recorded in the registry of property, it is sufficient to present an authentic document showing the existence of such right, provided that the inherited property appear of record in favor of the predecessor in interest, and further provided that one or more heirs seek to have the property held in common so recorded.</p> <p>Id. — Deed of Division and Partition May be Required When. — An inventory and a deed of division and partition can be required only where the heirs demand that their interest in the property of the deceased be recorded, but not when, on the ground that the property is undivided, they only ask that their hereditary portion in the property, recorded in the name of their predecessor in interest, be recorded in the registry.</p> <p>Id. — Record op Hereditary Right I-Iow Obtained.' — The record of an hereditary right may be entered immediately following the record of the estate shown to belong to this predecessor in interest.</p> <p>I-Ieirs — -Personality op Predecessor in Interest. — I-Ieirs are the continuators of the person of their predecessor in interest, and for that reason it cannot be said that they are different persons.</p> <p>Assignment op Rights op Minors. — It is not necessary for a father to obtain the consent of his wife to assign the rights of his minor children in an inheritance, when such rights emanate from the death of a former wife.</p> <p>Compromise Concerning Eights op Minors. — Where.it appears from a deed of assignment of hereditary rights that it is thereby sought to avoid litigation, according to the definition contained in section 1711 of the Civil Code, now in force, it is not necessary that the father should obtain judicial authorization to alienate the share of his minor children in the property involved in the compromise, provided the value of such share does not exceed $500.</p> <p>Id. — Statements Made by the Parties Executing a Deed. — An adequate manner of showing that there are differences as to the division of property and that it is sought to avoid litigation by the assignment is the statement made therein by all the parties to the deed.</p>

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

<p>Proceedings to Obtain Possessory Title — Payment oe Taxes. — In this case in order to show compliance with the requirement of payment of taxes in proceedings to obtain a possessory title prosecuted in 1908, a certificate was presented showing that Sebastián Rivera, the husband of one of the petitioners and the father of the others, from whom they all derived their rights, appeared as a taxpayer during the fiscal year of 1908-9 under title of ownership of the property. Held: That a person other than petitioners cannot be said to pay taxes, because such petitioners are the continuators of the person of Rivera.</p> <p>Id. — Who May Institute Proceedings. — Any property owner without a written title of ownership has a right to show his possession without regard to the time of acquisition or the nature of the title.</p> <p>Id. — Record Thereof in the Registry. — Where possession is declared to have "been proved in favor of the petitioner his right will be recorded in the registry, and it is not necessary that the property shall have been previously recorded in favor of the person or persons from whom petitioner derived his rights.</p>

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

<p>'Criminal Law — Statement of the Case — Certificate—Review of Evidence.— In order that the Supreme Court may consider on appeal the evidence taken at the trial in the court below, it is necessary that the same be included in a bill of exceptions, statement of facts, or statement of the case, duly approved and certified by the trial judge.</p>

<p>Noncompliance with Contract — Indemnity for Damages and Losses — Definition of Contract. — In accordance with our statutes, a contract is an agreement to do or not to do a particular thing entered into with the consent of the contracting parties in relation to a definite object, which may be the subject of the contract, and foi' the consideration established.</p> <p>Agreement by Means of Correspondence — Consummation of Contract. — A contract is consummated by a letter when A, acting in his own behalf, accepts an offer made by B, especially taking into consideration an order given by A for the delivery of cattle, one of the objects of the contract.</p> <p>Agency — Existence Thereof — Contradictory Evidence. — To bind third parties it is necessary to show the existence of the agency and the powers conferred upon the agent, and when the evidence upon these points is contradictory the conclusions of the trial court must, as a general rule, be accepted.</p> <p>Credibility of Witnesses. — It is a well-established principle of law that the credibility of witnesses and the effect and weight to be given to conflicting and contradictory oral evidence are questions of fact to be determined by the triers of the facts whether a court or a jury.</p> <p>Determination as to Credibility of Witnesses. — This opinion sets forth the reasons why the trial court is in a better position than an appellate court to determine as to the credibility of witnesses, and a review of the jurisprudence applicable to the question is presented.</p> <p>Clear and Definite Evidence Upon a Question oe Fact. — Where upon a question of fact the evidence is clear and definite in favor of the litigant who has obtained judgment in his favor, the judgment appealed from should not be disturbed.</p>

<p>INSTRUCTIONS TO THE JURY-MANNER OF AUTHENTICATING SAME.-The instructions of a trial court to the jury cannot be considered by the appellate court unless signed by the trial judge or unless they are embodied in the statement of the case.</p> <p>Id. — Criminal Intent — Carrying Away Fruit. — Where the evidence shows that the defendants took fruit from certain trees in the belief that they were the owners of the land, a criminal intent to commit larceny is not shown to exist, although they have been previously ejected from the land under legal process.</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 Humacao.</p> <p>The facts are stated in the opinion.</p>

<p>Judgments in Cbiminal Cases.- — -The maimer of compliance with judgments rendered in criminal cases must not be left to the election of the accused, and where a defendant is sentenced to pay a fine it should 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>Appear from a decision of the Eegistrar of Property of San Juan.</p>

<p>Demubbers — When Presumed to Have Been Overruled. — When it appears from the record that a demurrer to the complaint has been filed, and an answer has been subsequently filed, and no ruling upon the demurrer appears, the presumption will be indulged that the demurrer was overruled.</p> <p>Id. — No Cause of Action — Allegation for the First Time on Appeal. — In accordance with the provisions of section 109 of the Code of Civil Procedure, the objection that the plaintiff has no cause of action may be raised for the first time on appeal.</p> <p>Defective Complaint — No Cause of Action. — Where several heirs bring an action for the recovery of money and obtain and execute a judgment in their favoy, and another heir who was not a party to the suit subsequently brings an action to recover his proportionate share of the amount recovered by the judgment, it is necessary to the success of his action that he allege in the complaint the existence of a civil bond uniting the defendants with the plaintiff, or of an agreement by which the defendants obligated themselves to divide proportionately with the plaintiff the sum which they might receive.</p>

<p>Decided on the same grounds as those set forth in the opinion delivered in the case No. 113, López v. López et al., decided November 27, 1909, ante, p. 706.</p>

<p>PROCEEDINGS TO OBTAIN. TITLE OF OwNERSHIP-RECORD THEREOF IN REGISTRY-Power of Registrar. — Where the ownership of certain properties is established in favor of the petitioner by a district court, and the judgment thereof is presented to the registrar for record, the registrar has the power to-classify the judgment, but he has no power to impugn the conclusions reached by the court upon the evidence, nor the grounds upon which the judgment is based.</p>

<p>OitatioN op Minors — Personal Notice — Evidence op Service Thereof. — Where the defendants in a suit are minors, notice of citation must be served upon the father or the representative of the minor, personal notice of defendant minors being necessary in any case, whether or not it appears that they are over 14 years of age. It is further necessary, in order that the court may acquire jurisdiction over such minors, that the return made by the marshal shall show that they have been personally served.</p> <p>Id. — Entry op Default. — An entry of default of minor defendants who have not been personally served with notice is null and void.</p> <p>Id. — Judgment in Default Entered by the Secretary. — A judgment by default entered by the secretary of a court by virtue of the provisions of paragraph one of section 194 of the Code of Civil Procedure is null and void when, as in the present ease, the citation does not state the amount sought to be recovered by the complaint, and this is a neeessary requisite in order that the secretary may comply with the provisions of that section.</p> <p>Id. — Entry of Judgment in Default by Order of the Court. — In cases covered by the provisions of paragraph two, section 194, of the Code of Civil Procedure, the secretary cannot enter a judgment in default without an order of the court, and without such an order the judgment is null and void.</p> <p>Id.' — Entry of Default. — An entry of default made against a defendant of legal age who has been personally served with summons in his representative capacity is perfectly valid.</p>

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

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

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

<p>Demurrer — No Cause of Action — Sufficiency of Complaint. — A demurrer cannot be successfully filed on the ground that plaintiff has no cause of action to recover where it is set forth in the complaint that A sold .to B, by public deed, a property illegally possessed by C, and at the same time assigned his rights to recover damages from C for the illegal possession of the property.</p> <p>Id. — Sale of Beal Property — Delivery of the Thing Sold. — In accordance with the provisions of section 1365, 1366 and 1367 of the Revised Civil Code, the delivery of a thing which is the object of a contract may be made in different ways, and the thing that gives legal life to the act of delivery is essentially the determination of the parties to deliver and receive respectively the thing which is the object of the contract.</p> <p>Id. — Delivery of Thing Sold. — In accordance with the provisions of section 1365 of the Revised Civil Code, when a sale is made by public deed, in the absence of an agreement to the contrary, the execution of the deed is equivalent to the delivery of the thing sold.</p> <p>Id. — Symbolical Delivery of Thing Sold. — The clause contained in the deed of acquisition of the property involved in this litigation, whereby the plaintiff acquired the rights of the vendor to recover damages from the defendants on account of the illegal possession of the property, clearly shows an intention to deliver the thing sold to the purchaser and therefore there was a symbolical delivery thereof, and the purchaser has the right to prosecute an action for recovery against the holder and possessor.</p> <p>Id. — The ease of Bartolomey v. Cardy et al., decided July 18, 1901, 2 P. R. Rep., 78, is not applicable to the case at bar. Id. — Exception to Order by Virtue oe Law. — An order sustaining a demurrer to the complaint may he reviewed on appeal from a final judgment in the same manner as if it appeared in the bill of exceptions, because it is considered • to have been excepted to by virtue of law.</p>

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

<p>Criminal Law — Public Health — Objection to Information When Must Be Raised. — Where the accused fails in due time to raise an objection to the information because it is not signed by the prosecuting attorney and goes to trial without presenting his objection for the consideration of the court, he is precluded by sections 145 and 146 of the Code of Criminal Procedure from presenting the same for the first time on appeal.</p>

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

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

<p>Appeals — Judicial Administration — Order Sustaining Appraisement op Experts Appointed by the Court Nonappealable. — When appraisers have been appointed by the court in accordance with the provisions of section 37 of the Law of Special Proceedings, and have submitted their valuations and the court refuses to consider a motion objecting to them presented by two natural children interested in the estate, the order of the court is nonap-pealable, not being authorized by section 295 of the Code of Civil Procedure nor by the Law of Special Proceedings.</p> <p>Id. — Time to Appeal prom Order or Interlocutory Judgment. — Appeal authorized by subdivision three of section 295 of the Code of Civil Procedure, must be taken within 10 days after the order or interlocutory judgment is made and entered on the minutes of the court. ' ■</p>

<p>^Ejectment — Title to Estate. — When title was acquired to a rural estate by a public deed in the year 1868, said estate will belong to the purchaser and to his successors in interest until it shall be shown that it has passed to other hands under a legitimate title of acquisition.</p> <p>Id. — Title—Failure of Owner to Pat Taxes. — When an estate has been acquired as above, it matters little that the owner and his estate have not appeared in the assessments of the territorial tax since the fiscal year of 1880-1881.</p> <p>Testimony in Possessory Proceedings Aeeeots Parties Only. — The testimony of witnesses given in proceedings to establish the possession of an estate as to the source of the title cannot prejudice persons who were not parties to the proceedings.</p> <p>Contradictory Evidence — Conclusion of Trial Court. — When the testimony of witnesses is contradictory it devolves upon the trial court to harmonize such testimony if possible or otherwise to decide and arrive at the conclusion which it may deem proper with judicial discretion and subjection to the rules of evidence.</p> <p>Inscription op Possessory Proceeding in Registry — Rights op Dipperent Purchasers op Same Property Not Appected by Inscription. — Article 392 of the Mortgage Law provides for the approval and record of possessory proceedings in the registry without prejudice to third persons having a better right, and where the same property has been sold to different purchasers and one of them has his possession recorded, he is not favored by section 1376 of the Civil Code, whieh provides that when the property has been sold to different purchasers, the ownership shall belong to the one who first recorded it in ' the registry.</p> <p>Possessor Must Prove IIe Holds Under Proper Title — Absence op Such Title Shows Bad Faith.' — It devolves upon the possessor of an estate to prove he holds possession under a proper title, the absence of whieh shows his bad faith.</p> <p>Possession, Although Recorded, Does Not Constitute Title — Converted Into Title Only by Lapse op Time. — Proceedings to establish possession do not constitute a title of ownership, but merely of possession} which will become converted into a title of ownership by the lapse of time which the law fixes for prescription.</p> <p>Evidence — Admission in Evidence op Deeds Not Recorded. — Public deeds, although not recorded in the registry, are properly admitted in evidence for the purpose of obtaining the annulment and cancellation'of the record of the possession of the estate, being within the exception contained in the last paragraph of article 289 of the Mortgage Law.</p> <p>Title by Prescription — Time For. — Ownership and other property rights in real property shall prescribe by uninterrupted possession of the same for 30 years-without the necessity of title or good faith.</p> <p>Evidence — Death Certificates op Two Heirs Are Admissible to Explain Order op Declaration op I-Ieirs. — Having been introduced in evidence, without objection, an order of declaration of heirs, death certificates of two of the heirs included in the order are properly admitted to explain the order and to show that those remaining are the only persons interested as plaintiffs in the litigation.</p> <p>Id. — Declaration op Heirs Not Required as Proof. — The plaintiffs having based their action, among other facts, on their capacity of heirs without such, fact having been admitted by the defendants, they had the right to establish, such capacity, without the necessity of having recourse therefore to the act. relating to special proceedings.</p> <p>Id. — Declaration of Heirs Generally Required as Proof. — Por general purposes or when it is sought to obtain a declaration of heirs, the mode and form established by the act of special proceedings must be observed.</p> <p>Ejectment — Indemnity eor Products — Failure oe Proof. — When the plaintiffs have not established the amount of the products of the estates, which is a necessary requisition for the indemnity claimed, it cannot be granted them.</p>

<p>Criminal Law — Forgery—Verdict—Power of Judge to Order.' — Trial judge has power to instruct the jury to summarily acquit defendant.</p> <p>Id. — Order Is Appealable. — Order of judge to the jury to return a verdict in favor of the defendant is appealable by the fiscal.</p> <p>Id. — Statement oe Facts Must Beach the Court in the Proper Manner.— A statement of facts approved by the judge, but not included in the record and not certified to by the secretary of the lower court, which is made a part of the record because filed by the fiscal, has reached the court in an improper manner and without the authenticity which the law requires, and will not be considered.</p>

<p>Contempt — Acts Constitutins the Offense. — The words and phrases contained in the motion which Mollfulleda attempted to read before this court, in public session, and which he delivered to the secretary, by reason of the fact that he was not permitted by the court to read the same himself, undoubtedly constitute the offense of contempt of this court, since that involved a malicious imputation that in the opinion of this court, delivered by one of the judges # thereof in the case of Bossy v. Mollfulleda, which is the case to which said motion refers, most important facts were altered and suppressed, and that this was the reason why the ease was decided as it was; and this imputation is rendered more serious in view of the statement made by Mollfulleda in the said motion, to the effect that he does not believe, nor would he say, that the action taken in this suit was prompted by national prejudice.</p>

<p>Injunction — Application Made After Rendition of Judgment. — An application for injunction filed after rendition of judgment, in the case to which the injunction refers, is properly denied. (See. 5, Injunction Law of Mareh 8, 1906.)</p> <p>Id. — If a writ of injunction were issued after the rendition of judgment in the action to which the .application referred, the final provision of section 10 of the Injunction Law of March 8, 1906, could not be complied with because the amount fixed to cover damages and reasonable attorneys fees could not be included in the judgment, in case the person in whose favor the injunction was issued should obtain judgment in his favor.</p> <p>Id. — If it were sought to secure the issuance of the writ of injunction independently of the suit referred to in this application, it would be possible to determine whether or not sections five and 10 of the Injunction Law were applicable.</p>

<p>Adulterated Milk. — In order to reach the conclusion that a person is guilty of the crime defined and punished by section 337 of the Penal Code, it-is necessary to show that such person adulterated or diluted milk, with the fraudulent intention of offering or of permitting it to be offered for sale as pure and undiluted, or that he fraudulently sold, had or offered such milk for sale as pure and undiluted.</p> <p>Id. — Evidence—Fundamental- Error. — In this ease the accused attempted to offer evidence tending to show that it was possible for milk to contain one degree less of fat than the rule established by the sanitary regulations requires, and the judge excluded such evidence. Held: T-hat it was error for the court to confine the expert opinion to the question whether or not the milk sold came up to the required standard, since defendant was not being prosecuted for the violation of the sanitary regulations, but for the crime defined and punished by the Penal Code.</p>

<p>Criminal Law — Adulterated Milk — Proof of Knowledge. — Where the legislature makes the mere sale or possession of adulterated milk an offense, it is unnecessary to prove knowledge of such adulteration on the part of defendant.</p> <p>Id. — Knowledge Essential Element of Crime. — Where a statute makes knowledge of unwholesome or adulterated mijk an essential element of the crime, it is necessary to prove such knowledge.</p> <p>Id. — Fraudulent Intent — Element of Crime. — 'Where the legislature uses the words fraudulent or with fraudulent intent to qualify the' act of adulteration, it is apparently the intention to make guilty knowledge an element of the crime.</p> <p>Id. — Fraud.—Where fraud is alleged clear proof thereof is necessary to establish its existence.</p> <p>Id. — Proof of Adulteration. — After an examination of the evidence in this case the court held that there was no proof of adulteration, following The People of Porto Meo v. Pinto, 15 P. B. Rep. p. —.</p> <p>Id. — Settled Principles of Law. — Settled principles of law cannot be disregarded in order to remedy the hardships of special cases.</p>