Volume 29 — Puerto Rico Reports

<p>Appeal from a Decision of the Registrar of Property Refusing to Record a Deed of Purchase and Sale.</p> <p>The facts are stated in the opinion.</p>

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

<p>Appeal from the District Court of Humacao in an Action for the Annulment of a Lease. — Motion for Extension of Time.</p> <p>The facts are stated in the opinion.</p>

<p>Record oe Title — Compromise—Property oe Minors. — Although section 1712 of the Civil Code was not repealed hy Act No. 33 of 1911, yet the said act makes it still clearer that parents of unemaneipated minors have no authority to sell their property without the consent of the court, whatever may be its value, although the sale may have been made in pursuit of a compromise.</p>

<p>Appeal from the District Court of San Juan in an Action to Annul an Assignment.</p> <p>The facts are stated iu the opinion.</p>

<p>Appeal from the District Court of Humacao in an Action for Damages. — Motion to Amend the Record.</p> <p>The facts are stated in the opinion.</p>

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

<p>Seduction — Evidence.-—In a prosecution for seduction under promise of marriage the burden is on The People of Porto Rico to prove that the female was unmarried at the time of the commission of the crime.</p> <p>Id. — Promise op Marriage — Evidence.—The testimony of the father and mother of the young woman to the effeet that after the carnal act the defendant promised them that he would marry their daughter is not a sufficient corroboration of the proof of promise of marriage as is required by the law and jurisprudence.</p>

<p>Appeal from the District Court of San Juan in an Action of Unlawful Detainer.</p> <p>Tbe facts are stated iu tbe opinion.</p>

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

<p>Appear from a Decision of the Registrar of Property Refusing to Record a Contract of Lease.</p> <p>The facts are stated in the opinion.</p>

<p>Costs — Jurisdiction.—A municipal court Raving no jurisdiction to tax attorney fees on a judgment rendered by the district court on appeal from the said municipal court, it is necessary to conclude that an appeal from an order of the municipal court refusing to entertain such jurisdiction can not have the effect of giving the district court jurisdiction.</p> <p>Id. — Id.—Quaere.—Whether a district court may render judgment for attorney fees in any case regardless of the amount involved.</p> <p>Id. — Id.—Quaere.—Whether the party obtaining judgment in a district court on appeal from a municipal court must file his memorandum of costs within ten days after the judgment is entered by the district court.</p>

<p>Lease — Rescission op Lease — Vis Major. — When the tenement is destroyed or rendered useless without fault on the part of the tenant, his right of rescission must be governed by the general rules applicable to the rescission of contracts. Hence, when a leased house becomes uninhabitable through vis major, the lessee may vacate it and refuse to pay the rent, especially if he has given due notice to the lessor, and is not required first to bring a rescis-sory action.</p> <p>Td. — Evidence—Photograph.—A photograph offered in evidence for the purpose of showing that the walls of a building were not out of plumb, without further showing, is not admissible. ,</p>

<p>Appeal from the District Court of Humacao in a Prosecution for Violation of Section 328 of the Penal Code.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Ponce in a Prosecution for Adulteration of Milk.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan in an Action of Unlawful Detainer.</p> <p>The facts are stated in tbe opinion.</p>

<p>Appeal from the District Court of Ponce in a Prosecution for Violation of the Internal Revenue Law.</p> <p>The facts are stated iu the opinion.</p>

<p>Appeal from the District Court of Aguadilla in a Prosecution for Violation of the Minimum Wages Act.</p> <p>The facts are stated in the opinion.</p>

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

<p>Appeal from a Decision of the Registrar of Property Refusing to Record a Will.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Ponce in an Action for Rescission of Contract.</p> <p>The facts are stated in the opinion.</p>

<p>Internal Revenue Law — Complaint—Objection—Waiver.—The authority to file complaints for violations of the Internal Revenue Law does not lie exclusively with the Treasurer of Porto Rico. Section 88 of the said law does not forbid that any person having knowledge of the commission of the offense may file a complaint; and in this ease the objection that the complaint should have been made by the Treasurer should be considered as waived because it was not raised before the trial.</p> <p>Tc. — Title oe Law — Constitutional Law — Stills.—It cannot be held that section 61 of the Internal Revenue Law is void because stills are not mentioned in the title of the law. As it is stated in the title of the law that its purposes, among others, are to provide revenues and regulate the manufacture of alcoholic preparations, and as a still is the apparatus used for their distillation, it is necessary to conclude that the regulation of the possession of stills is impliedly one of the purposes of the law mentioned in its title.</p>

<p>Appeal from the District Court of San Juan in a Prosecution for Breach of Peace.</p> <p>The facts are stated iu the opinion.</p>

<p>Appeal from the District Court of Humacao in a Prosecution for Violation of Section 2 of the Labor Act.</p> <p>The facts are stated in the opinion.</p>

<p>Sanitation — Adulteration oe Milk — Evidence—License.—A sanitation inspector having testified that he saw posted in the milk-stall the license issued in the name of the defendant and that he took part in issuing the license, his testimony on these points was admissible and it was not necessary to produce the license in evidence in order to show its existence.</p>

<p>Internal Bevenue — -Distillery—Pleading.-—A charge of owning or being in possession of a still without complying with the requirements prescribed by section 61 of the Internal Bevenue Law does not charge more than one offense because it further alleges that the still was seized while mounted and distilling alcohol.</p> <p>Id. — Id.-—Id.—Accomplice—Evidence.—The general rule for determining whether a witness is an accomplice of the defendant is whether he could be charged with the same offense, for if he can not, then he is not an accomplice; therefore under an information for violating section 61 of the Internal Bevenue Law, that is, for having a still which is not registered in the Treasury Department of Porto Bico, the persons who assisted the defendant in the unlawful distilling afe not accomplices of the defendant and their testimony needs no corroboration.</p>

<p>Record or Title — Attorney in Fact — Express Power — Community Property.— The attorney in fact of the husband not being empowered to sell his community property, the participation in the deed of the wife’s attorney in fact with sufficient power as regards her cannot supply the lack of the necessary express power in the husband’s attorney.</p> <p>Id. — Id.—Express power to sell community property is necessary whether the principal is the husband or the wife.</p>

<p>Record oe Title — Consolidation oe Properties — Heirs.—It is not contrary to tie spirit of subdivision 4 of article 61 of the Mortgage Law Regulations to record in the name of an ancestor a consolidation of several adjoining properties already recorded separately in Ms name, -when the record is asked for by all of the heirs in a recordable instrument from which it appears that the petitioners are the owners of the said properties in common.</p>

<p>Record of Title — Power of Attorney — Community Property. — A power of attorney in which the wife authorizes the husband “to sell * * * any rural or town properties that she now owns or may acquire in the future for such prices as he may deem profitable * * * ” does not authorize the attorney in fact to sell properties belonging to the conjugal partnership composed of the husband and wife.</p>

<p>Unlawful Detainee — Possession—Ownership—Conflict of Eights. — When in • an action of unlawful detainer at sufferance the defendant alleges in his answer that he is not in possession at sufferance, but as owner, and produces some evidence tending to show that his jiossession is not at sufferance, the action of unlawful detainer should not be sustained, for there is a conflict of rights which must be determined with the opportunities of defense or inquiry offered by a declaratory action.</p>

<p>Appeal — Reconsideration.—No appeal lies from an order overruling a motion for the reconsideration of a previous appealable order.</p> <p>Xn. — Filins Documents — Documents Sent by Mail. — Under former decisions of the Supreme Court a document is not considered as filed on the day on which it is mailed, but on the day on which it is received by the secretary of the court.</p>

<p>Appeal from the District Court of Arecibo in an Action for Release of Mortgage.</p> <p>The facts are stated in the opinion.</p>

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

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

<p>I-Iabeas Corpus. — A defendant who has beep imprisoned to serve a sentence under a judgment rendered by a municipal court without his presence during the trial or when the judgment was rendered is unlawfully imprisoned and may obtain his discharge in a habeas corpus proceeding.</p>

<p>Appeal from tbe District Court of Humacao in an. Action for Annulment of Foreclosure Proceedings.'</p> <p>The facts are stated in the opinion.</p>

<p>Obligations op Ancestor — Acceptance op Inheritance — Denunciation op Inheritance — Pleading.-—When an action is brought against the heirs for the performance'of obligations of their ancestor it is not necessary to allege in the complaint that the defendants accepted the inheritance. Eenunciation of inheritance is a defense for the defendants if available.</p> <p>Id. — Surety — Parties — Conjugal Partnership. — The obligation having been contracted by Eafael Palés on April 29, 1918, to secure the payment of an obligation due on July 31 of the same year and the action having been brought four months thereafter against Isolina Diaz, among others, alleging that the surety had married her as his second wife and had left two children by her, who were also included as defendants, it is necessary to conclude that the obligation was contracted during the conjugal partnership of Isolina Diaz and the surety and, therefore, that the widow was properly included as a defendant.</p> <p>Id. — Id.—Id.-—Demurrer.—The debt having been contracted by the ancestor after the termination of the community between him and his first wife and during the community between him and his second wife, the court erred in overruling the demurrer of insufficient facts and misjoinder of parties pleaded by the first wife as a defendant in her own right.</p> <p>Id. — Id.—Extension -of Time. — The fact that the creditor accepted payment of part of the debt and delayed for some months bringing the action for the remainder does not show of itself that the creditor had granted the debtor an extension of time without the knowledge of the surety; therefore section 1752 of the Civil Code is not applicable.</p>

<p>Unlawful Detainer — Inheritance—Evidence.—It being stated in a deed of purchase and sale that the grantor acquired the property by inheritance from her mother, unlawful detainer will not lie against a sister of the grantor unless the plaintiff prove that the grantor was the sole owner of the property at the time of the sale.</p>

<p>Appeal from the District Court of San Juan in an Action for Nullity, of Contract.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Aguadilla in an Action for Damages for Libel.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San. Juan in an Action for Nullity of Contract.</p> <p>The facts are stated in the opinion.</p>

<p>Mandamus — Speedy Trial — Just Cause eor Delay. — When in a petition for a writ of mandamus to obtain the dismissal of a prosecution on the ground that it had not been called for trial within the period of 120 days the reasons on which the trial judge based his refusal to dismiss are not set forth, the petition will be denied, for it was incumbent upon the petitioner ■ to destroy the presumption that his case was not delayed without just cause.</p>

<p>Record oe Title — •Conveyance—Emancipated Minor — Consent op Father.— When father and son, the latter having been emancipated according to section 303 of the Civil Code, set forth in a deed that it is their intention to sell a certain property and that they actually 11 make an absolute sale” of the property to the grantee, and in several ways accept and ratify the contract and thereafter accept a mortgage for the deferred part of the purchase price, the consent of the father, which by the letter of section 307 of the said code need not be express, must be implied.</p>

<p>Attorney and Client — Professional Services.- — Although the term “professional services” does not always necessarily include things done hy an agent, attorney in fact, or other representative, yet in an action brought by an attorney to recover for professional services rendered to the defendant at his request “as his counsellor,.'consultant and advocate in all matters affecting his interests and person,” the plaintiff is not bound by a narrow interpretation of that term, which should be construed in connection with the contract for services, for if an attorney’s act is neither illegal nor criminal, he may recover generally for rendering any services he has been requested to perform, and he may, therefore, under the single cause of action for professional services, include in a bill of particulars ordered by the court and recover from the defendant not only strictly professional services, but also services rendered in connection with or as incidental to his general capacity as counsellor or representative and within the terms cf the contract.</p>

<p>Appeal from the District Court of Cuayama in a Prosecution for Conspiracy.</p> <p>The facts are stated in the opinion.</p>

<p>Continuance — Discretion oe Court. — The continuance of a case, unless the defendant shows certain legal prerequisites, is a matter within the sound Dec. Vol. 29 — is discretion of the court, and when the court refuses to grant a continuance it is necessary to prove an abuse of discretion in order to obtain a reversal of the judgment on appeal.</p>

<p>Libel • — • Pleading. — A complaint for libel wherein the libelous words are not transcribed is fatally defective, for although it is not necessary to transcribe the whole publication, the court must have before it the words alleged to be libelous in order to be able to decide whether or not they are libelous.</p> <p>Id. — Id.—To publish in a newspaper that a police officer went to a bakery and took some bread without paying for it, availing himself of his official capacity, is not libel in the absence of an innuendo that the policeman was guilty of theft or the like, for that act is among those which a policeman may occasionally perform in compliance with a lawful duty.</p>

<p>Ejectment — Boundaries—Evidence.—When in an action of ejectment arising from a controversy about the dividing line between two properties the evidence with regard to the said line is contradictory, the court should adjust the conflict, and if the preponderance of the evidence is in favor of the plaintiff the action of ejectment should be sustained without the necessity of a previous proceeding for fixing the dividing line, for it may be fixed in the action of ejectment.</p> <p>Id. — Appeal.—In accordance with section 306 of the Code of Civil Procedure, as amended in 1906, the Supreme Court will review the facts and enter such judgment as the trial court should have entered.</p>

<p>Slander. — Calling an attorney and notary public a “swindler” in connection with a matter in which he acted as such, in an office where the title deeds in whieh the said attorney and notary took part are recorded, and in the presence of the registrar and employees of the registry, who heard the epithet and understood its meaning, is slander per se, beeause it clearly and necessarily tends to destroy the professional credit of the said attorney and notary.</p>

<p>Appeal from the District Court of Aguadilla in an Action for Declaration of Heirship.</p> <p>The facts are stated in the opinion.</p>

<p>Option — Notice—Subrogation—Deposit/—The owner of a property agreed zo give to his lessee fifty days' notice of any intended sale of the leased property so as to give the lessee an opportunity to become, subrogated to the vendee, but no particular form of notice was stipulated. The lessee sued the owner for notice of a certain projected contract of sale and the owner confessed judgment and inserted in his answer a copy of the contract. It was held that the district court acted correctly in refusing to accept a deposit of the purchase price from the lessee after more than fifty days had elapsed since he had been given notice by the answer of the existence and terms of the said contract.</p>

<p>Libel — Damasks—Privileged Communications. — It is true that communications addressed to a court are privileged and not actionable as libelous, but the privilege exists in so far as the imputations which they contain are made in good faith and not when they are false, malicious and without probable cause, but written with the wilful purpose of damaging another person. The privilege only destroys the presumption of malice which the libelous words carry with them and places the burden of proving malice upon the •plaintiff. The privilege is for those who honestly make use of it, but it has not been established as a refuge for libelous persons or to deprive honest persons of protection.</p> <p>Id. — Specific Damages. — When the words used are libelous per se it is not neees sary to allege or prove specific damages.</p>

<p>Habeas Corpus — Patria Potbstas — Welfare of Minor. — Although fathers are generally entitled to the custody of their minor children, that right is not absolute and a petition for a writ of habeas corpus to obtain the custody of a minor child, which is by its nature an equitable remedy, is directed to the sound discretion of the court within which the principal factor to be considered is the welfare of the minor.</p>

<p>Attachment Without Bond — Appeal.—When an appeal írom a judgment of a municipal court is filed in the district court the judgment ceases to exist; therefore the plaintiff has no right to obtain from the district court without bond an order to secure the effectiveness of the judgment under the provision of section 1 of Act No. 27 of April 13, 1916, to the effeet that if an attachment is moved for after judgment has been rendered no security shall be required.</p> <p>Id. — In order that an attachment moved for after judgment may be granted without bond it* is necessary that the motion be duly made before the same court which rendered the judgment.</p>

<p>Appbial from the District Court of Humacao in an Action to Contest an Election.</p> <p>The facts are stated in the opinion.</p>

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

<p>Judgment — Appearance—Waiver—Minors—Summons.—A judgment having been set aside at the instance of certain defaulting defendants only as to them, the other defendants, most of whom were minors, moved that the nullity of the judgment he made extensive to them because the judgment was not divisible or severable. The court sustained the motion and held also that the judgment was void because the defendant minors had not been summoned personally. Held: That the district court should have confined itself to the question before it and that in any event as the minors were represented by their mother and executrix and appeared by their attorney at the commencement of the action, filing pleadings, taking part in the trial, introducing evidence and appealing, any defect found in the summons should be considered as cured and the defendants waived the question raised by the court.</p> <p>Appeal. — A motion for the dismissal of an appeal must be made before or at the time of the hearing.</p>

<p>Unlawful Detainee — Lease—Jurisdiction.—In the present case the defendant toot possession of the property under a contract of lease which was renewed month after month. The owner gave him notice of the termination of the contract and upon his failure to vacate the property an aetion of unlawful detainer was brought against him. Held: That it was not really a ease of tenancy at sufferance and that the court’s jurisdiction should be determined by an estimated yearly rent.</p>

<p>Appeal from .the District Court of San Jnan in an Action . for Damages.</p> <p>The facts are stated in the opinion.</p>

<p>Petition for a Writ of Certiorari to the District Court of Humacao.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan in a Prosecution for Violation of Section 438 of the Penal Code.</p> <p>The facts are stated in the opinion"</p>

<p>Certiorari— Notice. — When a case is submitted to the Supreme Court after service of its writ of certiorari, that court may waive strict compliance with its rules regarding notice to the other party who might be affected by the proceeding.</p> <p>Id. — Ordinary Demedies. — Before a petition for a writ of certiorari is presented to the Supreme Court the petitioner should exhaust all his remedies in the court of original jurisdiction, but when the Supreme Court is convinced that justice requires its immediate intervention the writ will be granted.</p> <p>Id. — Deceiver—Ex parte Proceedings. — Section 184 of the Code of Civil Procedure impliedly authorizes the district courts to appoint receivers with or without bond in ex parte proceedings, but this authority should be exercised only in extreme eases when the circumstances are such that the only means of > securing the rights of one party is to invade the rights of the other and it is nothing short of this to decide a question definitely, although temporarily, ■ involving the rights of the other party without giving him an opportunity to be heard and without even requiring a bond to answer for the damages that he may sustain. It was held in this ease that the circumstances did not justify the appointment of a receiver ex parte and without bond, and that the said appointment must be set aside and the ease remanded for consideration by the district court after hearing the adverse party.</p>

<p>Record or Title — Contract—Promise to Sell — Conditional Conveyance.— The contract -whose admission to record was refused by the registrar is more than a promise to sell, for it conveyed the ownership subject to certain suspensive and resolutory conditions not contrary to law or good morals; therefore it is recordable.</p>

<p>Dismissal of Pbosecdtion — Speedy Trial. — In accordance with subdivision 2 ol section 448 of the Code of Criminal Procedure, the one hundred and twenty days within which a defendant must he brought to trial can not he computed from any other date than that on which the information was filed.</p>

<p>■Written Obligation — Attachment.—Where the obligation sued on appears in an authentic document, but the amount claimed depends upon calculations and liquidations not appearing therein, an attachment can not be granted without bond.</p>

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

<p>Appeal — Jurisdiction.—When the amount sued for in an action brought in a municipal court exceeds three hundred dollars the Supreme Court has jurisdiction of the ease on appeal from the district court.</p> <p>Id. — Debt—Pleadins.—There arising from the allegations of the complaint in this case, as set forth in the opinion, the obligation on the part of the defendant to pay to the plaintiff the sum claimed, it is necessary to conclude that the complaint alleges facts sufficient to constitute a cause of action.</p> <p>Id. — Account Current. — The creditor bn an account current is not obliged to liquidate the account with the intervention and approval of the debtor in order to be able to sue for the balance due, because the liquidation of an account current requires only a simple arithmetical operation.</p> <p>Id. — Id.—Considering the wording of section 124 of the Code of Civil Procedure, when an action is brought on an account current it is not necessary to set out in detail in the complaint the several items of the account with the price and other facts of eaeh sale.</p>

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

<p>Sanitation — Criminal Intent. — It having been proved that the defendant erected a house less than five meters from the middle of the street, thereby violating a condition of the permit granted to him by the Insular Department of Health under Sanitation Regulation No. 6, he can not be heard to plead lack of criminal intent on the ground that the municipal commissioner of sanitation of the town where the house was erected authorized him to proceed with the construction of the house after the Insular Department had ordered him to stop, for the appellant had no right to rely upon the opinion of the municipal official, but was bound by the provisions of the said regulation.</p>

<p>Appeal from the District Court of Ponce in a Prosecution for Breach of Peace.</p> <p>Tbe facts are stated in the opinion.</p>

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

<p>Appeal from the District Court of San Juan in an Action for Nullity of Contract, Etc.</p> <p>The facts are stated in the opinion.</p>

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

<p>Appeal from the District Court of Humacao in an Action for the Annulment of a Possessory Title, etc.</p> <p>The facts are stated in the opinion.</p>

<p>Rfc-ord op Title — Dominion Title — Consolidation op Properties — Incurable Depfct. — If the registrar could not record the judgment of a district court establishing the dominion title to a property of 201 acres formed by the consolidation of a parcel of 35 acres acquired by the husband by inheritance and of other parcels acquired by purchase by the community because a consolidation of properties of a different juridical character is not recordable, such a defect is not cured by a deed wherein the spouses repudiate the consolidation and describe separately the property of 35 acres and the property composed of the other parcels for the purpose of having them so recorded.</p>

<p>Appeal from tlae District Court of San Juan in Proceedings for a Writ of Prohibition. — Change of Venue.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan in a Proceeding for an Injunction.</p> <p>The facts are stated iu the opinion.</p>

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

<p>PetitioN for a Writ of Certiorari to the Judge of the District Court of San Juan in Proceedings for Change of Venue.</p> <p>The facts are stated in the opinion.</p>

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

<p>Minimum Wages — Piecework—Constitutional Law. — The Minimum Wages Act of June 9, 1919, is not unconstitutional and it was the intention of the Legislature that the act should include work done by the piece as well as by time and to fix a minimum rate of compensation for such work.</p> <p>Id. — Id.—Agreement.—An agreement fixing the price of work by the piece entered into between a corporation and its employees as a result of the action of an arbitration commission appointed at the instance of the committees on legislation of both Houses of the Legislature can not be considered as an amendment or a construction of the Minimum Wages Act.</p>

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

<p>Record op Title — Assignment op Rents — Personal Right. — Although an assignment of rents may conform to all the requirements of subdivision 5 of article 2 of the Mortgage Law, a deed assigning such rents is not recordable because the assignment is of a purely personal right.</p>

<p>Treasury Begulations — Intoxicating Liquors — Physician’s Prescription.— The provision contained in the regulations promulgated by the Treasurer of Porto Bico, in the exercise of the powers conferred upon him by Act No. 69 of 1917, requiring that every prescription issued by a licensed physician for intoxicating liquors for medicinal purposes shall bear the date of issuance, is not contrary to the said act, but, on the contrary, is in harmony with its spirit.</p> <p>Id. — Id.—Id.-—Pleading—Demurrer.—Although it should be concluded that an information for issuing an undated prescription for intoxicating liquors which in referring to the regulations violated alleges only that the “ * * * act is contrary to the circular promulgated to that effect” should have been more specific in citing the regulation violated, that defect when pointed out for the first time in the Supreme Court can not serve as a basis for a demurrer on the ground of lack of facts.</p>

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

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

<p>Discretion op Court. — The evidence.recited in the opinion in this aetion of filiation, annulment of divorce and designation of heirs leads to a conclusion that the district court did not abuse its discretion in weighing the same.</p>

<p>Petition for a Writ of Certiorari to the Judge of the District Court of Ponce in Injunction Proceedings.</p> <p>The facts are stated in the opinion.</p>

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

<p>Appeal from the District Court of Guayama in a Prosecution for Violation of Section 162 of the Penal Code.</p> <p>Tbe facts are stated in the opinion.</p>

<p>Appeal from a Decision of the Registrar of Property Refusing to Record a Dominion Title.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Hnmacao in an Action Contesting an Election.</p> <p>The facts are stated in the opinion.</p>

<p>Election Contest — Official Bond. — The eleeted candidates being under no obligation to give the bonds required by the Act of 1906 until January 20, 1921, in order to occupy the offices to which they were eleeted, it is necessary to conclude that they were not under the obligation to furnish sueh bonds in order to take possession of the offices on the 10th of January, 1921, the date fixed by. the Municipal Law for the inauguration of the officers elected on November 2, 1920. It was only after January 20, 1921, that the contestees could not continue in office without giving bond unless the contestants had furnished none within the ten days allowed by law.</p>

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

<p>Appeal — Pleading—Demurrer—Objections.—The Supreme Court will not consider objections to a ruling of the court below on a demurrer interposed during the trial and based on failure to comply with the requirements of sections 71, 72 and 73 of the Code of Criminal Procedure and subdivision 1 of section 153 of the Penal Code, and on the ground that more than one offense is charged.</p> <p>Id. — Evidence.-—In accordance with subdivision 9 of section 69 of the Law of Evidence, a certificate issued by the deputy collector of customs of San Juan is admissible at the trial of a prosecution for violation of Act No. 24 of 1917 to show that the defendants made certain shipments of eoffee to foreign countries on certain dates.</p> <p>Id. — Id.—It having been proved that a firm failed to enter in the book required to be kept by Act No. 24 of 1917 certain shipments of coffee made to Cuba and Spain on certain dates, it is necessary to conclude that the guilt of the defendants was sufficiently established.</p> <p>Id. — The fact that the evidence showed that the defendants had on more than one occasion committed the offense of which they were convicted can not justify a reversal of the judgment.</p>

<p>Assault and Battery — Evidence—Presumption.—In the prosecution of a criminal cause where the age of the defendant is an essential element of the crime, as in assault and battery upon a woman by an adult male, the record must show that the judgment was based on the evidence, there being no presumption that the court estimated the age of the defendant from his appearance.</p>

<p>Oosts — Discretion of Court — Transcript of Record. — It being in the sound discretion of a district court to allow attorney fees, if the transcript on appeal does not include the evidence the Supreme Court is not in a position to decide whether the court below abused its discretion, and under such circumstances the presumption is that the conclusion of the district court is correct.</p>

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

<p>Due Process of Law — Notice—Inherent Authority. — When a law establishing a proceeding before a court, board, commission or other governmental entity does not provide for notice of the proceeding to the parties who should be heard, the said court, board, commission or other entity has the inherent authority to give notice of the proceeding to the interested parties and must exercise that authority in order that there may be due process of law.</p> <p>Id. — Id.—Workmen's Relief Commission. — If the Workmen’s Relief Commission, in a proceeding whereof no notice was given to the employer, orders that the latter must indemnify a workman injured in an accident, sueh order is made without due process of law, but the defect may be cured in a new proceeding after notice and an opportunity to be heard has been given to all the parties interested.</p>

<p>Unlawful Detainer — Pleading—Conflict of Titles. — In an action of unlawful detainer in which the defendant denies the possession of the property described in the complaint and alleges as new matter that a certain partnership of which he is a member is the owner of a property situated in a different ward and municipality, it can not be concluded that the defendant has raised a conflict of titles; therefore an order sustaining a demurrer ro the answer and striking out the new matter is not erroneous.</p>

<p>Appeal from the Bistrict Court of G-uayama in an Action to Recover an Inheritance, Etc.</p> <p>The facts are stated in the opinion.</p>

<p>Evidence — - Cross-examination — -Prejudice ce Witness. — The defense has a right to 'bring out on cross-examination the prejudice of a witness for the prosecution in order to furnish the jury or the court with facts from which the degree of credibility of the witness may be deduced. Por example, it is admissible that the defendant cross-examine a witness for the prosecution as to the motive which induced him to go to the judge and tell him that he was present when the crime was committed.</p>

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

<p>Attorney Fees — Jurisdiction—Appeal—Bes Judicata. — The question that the district court has no jurisdiction of the case because the amount claimed did not exceed $500 can not be successfully raised to support an objection to the allowance of attorney fees to the plaintiff after that question had been decided in an appeal from the judgment in favor of the jurisdiction and had become res judicata. Besidés, section 327 of the Code of Civil Procedure was amended by Act No. 38 of April 12, 1917, by eliminating the provision that no attorney fees should be allowed to a party to an action or proceeding unless the amount in controversy exceeded $500.</p> <p>Id. — It can not be concluded that the district court erred in allowing attorney fees and fixing the amount in the absence of evidence by the plaintiff to justify the allowance when the transcript shows that the court had before it the record of the case with all the elements necessary for estimating the value of the professional services of the attorney in the court below.</p> <p>Id. — Id.—Id.—District courts have no jurisdiction to allow attorney fees to be included in a memorandum of costs for professional services rendered before the Supreme Court on appeal.</p>

<p>Costs — Attorney Pees — Jurisdiction.—The memorandum of costs as presented included attorney fees for the work done in the Supreme Court and the district court ordered their payment. Seld: That the district court was without jurisdiction to make such an order.</p>

<p>Appeal from the District Court of Mayagiiez in an Action for Annulment of Sale.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Aguadilla in Administration Proceedings. — Motion for Dismissal of the Appeal.</p> <p>The facts are stated in the opinion.</p>

<p>Evidence. — Testimony of a policeman stating the conclusions reached by him as a result of an investigation made by him is not admissible in evidence. The policeman must testify regarding the facts known to him and it is the province of the jury to reach the conclusions.</p> <p>Id. — Admission op Guilt. — In order that an admission of guilt by a defendant may be used against him the admission must have been voluntary.</p>

<p>Appeal from the District Court of Humacao in an Action of Debt. — Memorandum of Costs.</p> <p>.The facts are stated in the opinion.</p>

<p>Costs ■— Attorney Pees. —• In fixing the amount of attorney fees consideration should generally be given to the amount and nature of the subject-matter of the suit, the intricacy of the questions of law arising therefrom, whether or not there was a trial and how long it lasted. Therefore, considering that in this case the only question involved was whether the action of debt was barred, that there was no trial and that the amount involved is a little more than one thousand dollars, it is necessary to conclude that the sum of $800 allowed by the lower court is excessive and that $400 is a reasonable sum for attorney fees in this case.</p>

<p>Internal Bevenxje — Information.—When a law defines and penalizes offenses an information for a violation of the said law is insufficient if instead of stating the acts which constitute the commission of any of the offenses defined and penalized it only makes a general reference to the law.</p> <p>Id. — Id.—Alcoholic Beverages. — The fact that the Treasury Department finds that a certain bay rum which was prepared according to a formula formerly approved by the said department according to law contains too much alcohol and is contrary to section 5 of Title I of Act No. 55 of 1919, is no reason for charging the manufacturers of it with the commission of an offense, unless the Government alleges and proves that the manufacturers made the said preparation for the purpose of indirectly furnishing to the public an alcoholic beverage.</p>

<p>Public Health — Cesspool—Notice.—In order that a prosecution may be brought against the owner of a house or building for allowing the cesspool on his property to become full and overflow, it is not indispensable, under section 16 of Sanitation Eegulations No. 14, that previous notice be given to the owner.</p>

<p>Appeal from the District Court of G-uayama in a Prosecution for Violation of the Weights and Measures Act.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from a Decision of the Registrar of Property Recording a Deed of Parchase and Sale with, a Cnrable Defect.</p> <p>The facts are stated in the opinion.</p>

<p>Certiorari — Appeal—Transcript op Record. — When an appeal is taken from an order of a district court discharging a writ of certiorari issued to review proceedings in a municipal court it is necessary that sueh proceedings he included in the transcript on appeal; otherwise the Supreme Court is not in a position to decide whether the order appealed from was erroneous.</p>

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

<p>Damages — Negligence—Evidence.—In an action ‘for damages for an automobile accident it is sufficient proof of the negligence of the chauffeur to show that at the time of the accident the chauffeur was not driving along the right-hand side of the road, but along the middle of the road, or rather to the left, as well as that he did not Teduee the speed of the automobile upon approaching the ox-cart driven by the plaintiff in order to avoid frightening the animals.</p> <p>Automobile — Presumption op Ownership. — A person who registers as his own ■an automobile in the Department of the Interior for the purpose of obtaining the corresponding license is presumed to be the owner of the vehicle so registered and that presumption is not destroyed by presenting an administration account of the properties of a third person rendered by the person who registered the automobile as his own and containing items regarding the exchange of an automobile for another of the same make as the one registered in the Department of the Interior.</p>

<p>Appeal from the District Court of San Juan in an Action for Damages.</p> <p>The facts are stated in tbe opinion.</p>

<p>Servitude — Bailroad — Modification of Servitude. — A third person who purchases a property subject to a servitude recorded in the registry of property is bound only by the terms of that record and in the particular ease of a servitude to establish a braneh railroad line such a purchaser is not bound to inspect a railroad track in the immediate vicinity in order to deduce from the presence of a switch in the said track the existence of a modi- , fication of the servitude.</p>

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

<p>Demurrer — Ambiguity—Error.—Although the trial court may err in overruling a demurrer for ambiguity, if the defendant answers and admits that the theory of the complaint was explained at the trial it is necessary to conclude that the error is not so prejudicial as to require a reversal of the judgment.</p> <p>Evidence — Power op Attorney. — In an action against a married woman it is not error to admit in evidence a power of attorney given by the defendant to her husband if the power is consistent with the complaint construed in the sense that the defendant had acted in the transaction which gave rise to the aetion through her attorney in fact, independently of whether or not he was her husband.</p> <p>Id. — A note-book with entries whieh have no connection with the transaction on which the action is based, but with prior transactions, is not admissible in evidence.</p> <p>Id. — The action having been brought against the defendant personally and not as executrix, administratrix, heir or legal representative of her deceased husband, the plaintiff’s testimony regarding the making of the contract with the husband and the delivery of the consideration to him as the attorney in fact of his wife is admissible in evidence, for the prohibition contained in section 3 of the Act of March 10, 1904, is not applicable to such testimony.</p>

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

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

<p>Public Employees. — The act of a sanitation inspector in ordering the closing of an establishment without having authority to do so does not constitute the crime defined and penalized by section 93 of the Penal Code.</p>

<p>Appeal from the District Court of Humaeao in a Prosecution for Larceny.</p> <p>The facts are stated in the opinion.</p>

<p>Breach op Peace — Information—Pleading.-—A complaint charging that the defendants “'wilfully and maliciously disturbed the peace and quiet of the neighborhood with noises, tumultuous and offensive conduct and threatening to wound A, thus raising a great disturbance,” describes the charge sufficiently, for it is not necessary to allege expressly what the tumultuous and offensive conduct consisted of. The charge of a threat to wound A is a phase of the same offense and is not charging a different offense.</p> <p>Id. — Assault and Battery — Former Jeopardy — When the battery was not the act which provoked the breaeh of peace, which distinguishes this case from People v. Veve, 24 P. R. R. 458, but while the breaeh of peace was being committed by tumultuous conduct and the threat to wound A the defendant assaulted B, the fact that she was acquitted of assault does not bar a prosecution for breaeh of peace, for there were two different crimes committed at the same time.</p>

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

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

<p>Ejectment —Pleading —Third Person —Colorable Title — Prescription. — A complaint in an action to recover real property does not state facts sufficient to show a cause of action when it appears therefrom that the present owners, the defendants,' acquired the property from persons who appeared as its owners in the registry, according to article 33 of the Mortgage Law. It is not important that the father of the alleged true owners may have sold the property without a right to do so. His heirs can have no cause of action against a purchaser in good faith who, like the former owners, except the one who purchased directly from the father, acquired a colorable title sufficient for pleading ordinary prescription.</p> <p>Id. — Id.—Prescription.—Where the period of thirty years required for extraordinary prescription expired after the revised Civil Code went into effect in Porto Bico, that code and not the former Civil Code is applicable.</p> <p>Id. — Id.-—Id.-—In accordance with section 468 of the Civil Code, the fact that a third person who purchased in good faith from a person who appeared as owner in the registry was temporarily dispossessed of the property by the person claiming to be the true owner does not destroy the right of ownership of such third person.</p>

<p>Appeal from the District Court of Hnmacao in an Election Contest. — Motion for Reconsideration.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Jnan in an Action to Recover Personal Property.</p> <p>The facts are stated in the opinion.</p>

<p>Lease — Insolvency—Corporation.-—The mere insolvency of a foreign corporation, accompanied by a forced sale of its assets in a jurisdiction different from that of its domicile and followed by a cessation of its business in that jurisdiction, does not ipso faeto have the effect of extinguishing a contract of lease under which' the corporation is a lessee and has continuously paid the rent.</p> <p>Id. — Assignment of Lease — Sublease.—In an assignment of a lease the lessee conveys all of his rights without adding or subtracting anything and without altering, as to its substance, the relationship existing between him and the lessor, while in a sublease all kinds of alterations are possible; provided, naturally, that they do not operate to the prejudice of the lessor who took no part in the contract. Thus, for example, a sublease may refer to only a part of the property leased and may be for a different duration, or for a greater or less rent, etc., and an exact idea of one and the other act may be formed. That is the essential difference between the transactions. In an assignment the lessee conveys absolutely his right; his personality disappears, and a juridical relationship exists only between two persons, the lessor and the assignee, who becomes the lessee. In a sublease no personality disappears, but there are two leases and two juridical relationships which are different although closely connected with each other. •</p> <p>Id. — Id.—Privity of Contract — Liability.—An assignment by a lessee does not affect his subsequent liability by virtue of the express stipulations contained in the lease contract, and although the assignment may be by operation of law and the property may be taken from the lessee without his consent, such-lessee, however, continues to be liable under his express stipulations.* The reason for the continued liability of the lessee is that although by the assignment the privity of estate between the lessor and the lessee terminates, there still exists between them the privity of contract created by the lease which is not impaired by the assignment, and the lessee continues to be liable under his own contract by reason of the privity of contract.</p> <p>Id. — Id.—Extension of Lease. — The assignee of a lease substitutes the lessee in all the interests of the lessee and in the advantages of all of the stipulations and agreements of the lessor which are annexed to and run with the estate, including that of the lessor to allow an extension.</p> <p>Id. — Id.—fjABirjTT.—The liability to which the assignee is subject is for the infringments of the stipulations of the contract committed after the assignment and not for those committed by the lessee prior thereto.</p> <p>Id. — -Id.—Id.—Damages.—The weight of authority is undoubtedly in favor of the rule that no action lies for non-compliance with the agreement to return the property in good condition until after the expiration of the lease.</p>

<p>Record op Title — Registration—Natural Children — Legal Representative— Minors. — The registration oí a natural child amounts prima facie to an acknowledgment by the mother, although she may not have appeared personally to register her child. Hence, the natural mother of certain minors' who are registered as her natural children has authority to represent them ' in the execution of a deed of consolidation and partition of properties of' the estate of their father wherein the minors have an interest.</p>

<p>Record op Title — Dominion Title — Separate Property — Conjugal Partnership — Discretion op Court. — In a proceeding instituted by the husband to establish and record in his name the ownership of property acquired by inheritance the district eourt has authority to adjudge a dominion title and order its record without first hearing the wife, this being a matter within the sound discretion of the said eourt.</p>

<p>Partnership — Assets—Individual Interests — Liquidation.—Each partner is the owner cf all of the partnership property, subject to equal ownership by each of the other partners. No one of the partners can become the absolute owner of any part of the partnership property without the consent of the other, partners. The individual interest of a partner in the partnership assets must be determined by a liquidation of the partnership.</p> <p>Id. — Dissolution—Distribution oe Assets — Bight <of Action. — When a deed of dissolution of a partnership has been executed and, after a balance and inventory, all of the assets susceptible of immediate division and allotment have been distributed, any one of the partners has a right to sue for the property allotted to him. /</p> <p>Id. — Pleading—Fraud.—The facts alleged show whether or not there is a cause of action, and it is of no importance that the action was erroneously styled. It is not important to prove the alleged fraud, if the facts themselves, regardless of whether or not they were committed fraudulently, show a good cause of action.</p> <p>Id. — Liquidator—Resignation—Accounting.—The fact that the liquidator of a partnership resigns does not relieve him from the obligations contracted while he had charge of the liquidation, one of these being to render a detailed and verified account of the disposition of the funds whieh came into his hands as such liquidator.</p> <p>Id. — Judgment — Prayer. — A judgment may contain pronouncements different from those prayed for by the parties if they are necessarily included in the prayers and are justified by the pleadings and the evidence.</p>

<p>Servitude — Damages—Premature Action. — The purchaser of a building -which, according to the registry and the deed of sale, was free from encumbrances discovered that the roof of an adjoining building rested on his property by means of beams inserted into the main wall and brought an action for damages against the vendor under section 1386 of the Oivil Code. A judgment allowing damages was appealed from and it was held that as the existence of the beams in the wall did not show of itself the existence of the non-apparent servitude determined by law, it was neeessary to conclude that the action against the vendor was at least premature.</p>

<p>Petition for a Writ of Certiorari to the District Court of San Juan in an Action for Nullity of Contract.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Arecibo in a Prosecution for Violation of the Weights and Measures Act.</p> <p>The facts are stated in the opinion.</p>

<p>ElectioN Contest — Pleading—Amendment.—When the original complaint in an election contest is amended, without objection by the defendants or by the court, it becomes obsolete and can not support a judgment.</p> <p>Id. — Judgment on Pleadings — Discretion ob Court. — Subdivision 1 of section 3 of the Act of March 7, 1906, on election contests does not authorize a judgment on the pleadings because instead of answering the defendant filed a demurrer and a motion to strike out within ten days after service of the amended complaint. In sueh a case the court may rule on the demurrer and motion and if it overrules them it may permit the defendant to file an'' answer even after the expiration of the ten days.</p> <p>Id. — Id.—Construction of Law. — In order that in an election contest the allegations of the complaint not controverted by the answer may be admitted to be true it is neeessary that there be an answer, for in the absence of an answer the provisions of section 3 of the act on election contests can not be applied. The legislature, in drafting the said section, only reenacted the provision of section 132 of the Code of Civil Procedure with regard to ordinary actions in which every essential- allegation not controverted by the answer is admitted to be true, the plaintiff being thus relieved from proving it.</p>

<p>Divorce — Gruel Treatment. — In an action for divorce by the wife on the ground of cruel treatment she need not present a case of violence and mental suffering as strong as the husband would have to present if he were the plaintiff.</p> <p>Id. — Id.—Reconciliation—Corroboration.—Even supposing that there may have been a reconciliation, thereafter one of the spouses may bring an action for divorce on the ground of cruel treatment by subsequent acts and set up in corroboration the acts committed prior to the supposed reconciliation.</p> <p>Id. — Id.—Incompatibility.'—Although mere incompatibility of temperament is not of itself a ground for divorce, in deciding whether the facts show cruelty the intelligence, apparent education and sentiments of the offended spouse should always be taken into account.</p>

<p>ADMINISTRATION — Pleading.—A petition for the administration of the estate of a decedent wherein it is alleged “that the petitioner has a claim against the property of the deceased” does not show a cause of action -under a statute providing that “any unsecured creditor with written title, having a claim against the decedent, may, on a proper petition duly showing therein the necessary facts, apply for a judicial administration of the property of said decedent” and prescribing that the petition shall set forth, among other requisites, “the interest and cause of action of the petitioner.”</p>

<p>Appeal — Weighing op Evidence — Briep.—The burden is on an appellant who seeks a reversal solely on the ground of error in weighing the evidence not only to state but to establish' the proposition so submitted, or at least to discuss the testimony on which the court below based its judgment in so far as may be neeessary not merely to suggest as a possibility but to show affirmatively that the contention is not wholly without merit. It is not the province nor the duty of any appellate tribunal to grope through the record without the aid of references or any definite indication as to details in order to ascertain whether or not the error complained of was in fact committed.</p>

<p>Appeal from the District Court of Guayama in a Prosecution for Assault and Battery.</p> <p>The facts are stated in the opinion.</p>

<p>Venue — Evidence.—The venue need not be proved by direct and positive evidence. It is sufficient if it may be reasonly inferred from the facts and circumstances which are proved and are involved in the criminal transaction, or if it may be inferred from the circumstances that the crime was committed in the place alleged.</p> <p>Id. — Jurisdiction—Judicial Notice — Estoppel.—Quaere: Whether in the case of a bank which is a public depositary, together with other facts which are set forth in the opinion, the court may take judicial notice that the bank is located within its jurisdiction; and whether after a trial in which no question of jurisdiction was raised and in which the court could have taken such judicial notice, there would be an estoppel to raise that question on . appeal.</p> <p>Embezzlement — Pleading—Defect Cured by Verdict. — In the absence of a specific objection to the information on the ground that it did not state distinctly that the money alleged to have been embezzled was entrusted to the defendant or that he received it in the course of his duties as an employee of the bank, the defects, if any, were cured by the verdict, inasmuch as the information does so state, although not so clearly as might be desired.</p>

<p>Record oe Title — Heir—Conditional Heir. — The conditional heir having died before the condition was fulfilled, he conveyed no right to his heirs.</p> <p>Id.- — Id.—Conveyance.—A sale made by an attorney in fact in the names of the actual owners is valid although it may appear that the property is conveyed also in the names of the parents of the said owners who in fact had no right therein.</p> <p>Id.- — •Identity.—The circumstances attending this ease, which are set forth in the opinion, show that Maria Gautier Atienza, in whose name the attorney in fact made the sale, is the same Maria Josefa Gautier y Atienza in whose name the interest conveyed appears recorded.</p> <p>Id. — Id.—Condition Imposed by Testator. — The testator made his wife the usu-fructuary of his entire estate and designated her as his heiress so that she could transmit the same to her children in ease she should have any by a second husband. He also willed that in case the usufructuary should die without issue, the children of his brother Manuel should be his heirs. Held: That it having been shown that the widow attained her sixty-fourth' birthday without having any children, the conclusion was necessary that she could not have any thereafter and therefore that the condition imposed by the testator had been fulfilled and his nephews acquired full rights which they could convey, particularly when the grantee was the widow herself.</p>

<p>Attorney in Pact — Conditional Sale — Ratification.—Although an attorney in fact may not be empowered to sell the properties of his principal conditionally, if the principal tacity ratifies such a contract he is estopped from suing for its annulment. In this case there was the implied ratification to which section 1629 of the Civil Code refers, because with the proceeds of the sale made by the attorney in fact with the consent of his principal the latter repurchased the property from the person to whom it had been sold conditionally and also because, though having knowledge of the improvements which the grantee was making on the property after the sale, the principal did not protest against such improvements.</p>

<p>Current Account — Default.—In an action to recover the balance of a current account the clerk of the court may enter a default judgment against the defendant at the proper stage of the case and failure to allege in the* complaint that the defendants admitted the balance due does not deprive the action of its character of a claim arising from an agreement to pay a sum of money.</p> <p>Appeai — Default.—An appeal from an order refusing to open a default will be dismissed if the appeal was taken after the ten days allowed by subdivision B of seetion 295 of the Code of Civil Procedure within which to appeal from orders entered after judgment.</p>

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

<p>Record oe Title — -Lease—Condition.-—The fact that in a lease it is stipulated that the contract shall not become effective until a certain day does not justify the registrar in holding the contract to be subject to a suspensive condition.</p> <p>Id. — Appeal.—The right to appeal from the decisions of the registrars is not limited to cases where the documents are held to contain curable or incurable defects, but extends to all cases where the registrars refuse to give to the documents their full lawful effect.</p> <p>I». — Civil Status. — It being stated in the contract in connection with the civil status of the lessee that he is “married, but divorced," it is necessary to conclude that the registrar’s decision pointing out as a curable defeet “the failure to state the civil status of the lessee" is erroneous.</p>

<p>Execution — Property Exeimpt eriom Execution — Physician's Automobile.— Inasmuch as statutes exempting certain properties from execution are remedial in character, they should be construed liberally in favor of the debtor, and the phrase "or other equipment” used in the English text of subdivision 6 of section 249 of the Code of Civil Procedure immediately after the words "one horse with vehicle and harness” should be construed as including an automobile.</p>

<p>Divorce — Cruel Treatment — Recthminatton.—A charge of assault and battery upon the •wife by the husband and of his intimacy with another woman to whom, notwithstanding the wife’s protests, he paid such attentions as would arouse suspicion, constitutes the defense of recrimination which defeats the actions for divoree brought by the husband on the ground of cruel treatment.</p> <p>Id. — Id.—Id.—Divorce is a remedy for the relief of an injured spouse who has not been the voluntary procuring cause of the acts relied upon to invoke it, and it is not available for one who, disregarding the solemnity of the nuptial vows, prompts the other party to the marriage to conduct which would be inexcusable if committed against a husband or wife who was honestly endeavoring to sustain the marriage relation; therefore, where the misconduct of the defendant is the result of the ill conduct of the plaintiff, the court will • not decree a separation.</p> <p>Id. — Id.-—Malice—Evidence.—In order ‘that the charge of adultery or of the transmission of a venereal disease made in actions formerly brought and abandoned by the defendant may constitute legal cruelty, it is necessary to show that such charges were made maliciously.</p> <p>Id.' — In this case it was held that in accordance with the complaint and the evidence the plaintiff has no cause of aetion against the defendant for divorce on the ground of cruel treatment.</p>

<p>Civil Eights — Legislative Will — Constitutional Limitation. — The Civil Code is not the only souree of civil rights, but the will of the Legislature must prevail whenever and however expressed unless some constitutional limitation is imposed. When the Code of Civil Procedure was adopted there was no such limitation in the Organic Act and various rights of action were given for the first time in that code.</p> <p>Id. — Pasties to Action's — Seduction—Action ex Delicto. — The father, or, in case of his death or desertion of his family, the mother, may proseeute as plaintiff for the seduction of a minor daughter. The action is ex delicto and does not fall within the principles governing actions ex contractu.</p>

<p>Appeal — Assignment op Errors. — An assignment of errors is in the nature of a pleading and in the court of last resort it takes the place of a complaint in the court of original jurisdiction. The object of an assignment of errors is to point out the specific errors alleged to have been committed by the lower court in order to direct the attention of the reviewing court and counsel for the adverse party to the points on which counsel for the appellant intend to rely for a reversal of the judgment and to limit 'the argument to those points.</p>

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

<p>Quo Warranto — Certiorari — Bemoval oe Municipal Officers. — When the question is whether or not a member of the council of administration elected toy a .municipal assembly should be removed because of his disqualification to hold the office the proper proceeding is that of quo warranto established toy the Act of Mareh 1, 1902, and not that of certiorari referred to in section <65 of the Municipal Law.</p> <p>Td. — Id.—Id.—Immoral Conduct. — A mayor who had been removed from office for the commission of clearly immoral acts is incapacitated, in accordance with sections 33 and 34 of the Municipal Law, to hold the office of commissioner of public service, police and prisons, although the order of removal stated that the mayor was removed for "highly improper” conduct.</p>

<p>Appeal from a Decision of the Registrar of Property Refusing to Record a Deed of Partition.</p> <p>The facts are stated in the opinion.</p>

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

<p>Attorney and Client — Presumption.—The appearance of a duly licensed attorney is presumptive evidence of his authority to represent the person in whose name he appears and it is incumbent upon a party attacking his authority to show that he was not so authorized.</p>

<p>Workmen — Labor Accident — Evidence. — Although the court found that the death of the workman supervened in consequence of poisoning produced by the absorption of lead salts handled by him in the course of his employment, yet when it is not shown how long he was engaged in such work and there is no direct testimony regarding the condition of his health on the day of the supposed accident, nor any suggestion of any extraordinary incident occurring on that or another day whieh could have caused the absorption of an abnormal quantity of poison, nor anything to indicate that the poison was or could have been absorbed on that day or within a definite period prior thereto in an amount sufficient to cause death, the facts that the workman was a robust man who showed no symptoms of chronic plumbism and that his death occurred a few hours after the first symptoms of the poisoning, are not sufficient to warrant the conclusion that his death was necessarily the result of a labor accident.</p> <p>Id. — Id.—Construction of Law.- — In drafting section 4 of the Workmen’s Compensation Act the Legislature had no intention to enumerate all cases without the scope of the Act, hut only to specify the circumstances under which a plaintiff should not he allowed to recover, notwithstanding possible proof of facts which in the absence of such restriction would constitute injury resulting from an accident.</p>

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

<p>Debt — Pleading —Answer —-Verification —Admission —Consideration. •— Although the fact that a defendant does not verify his answer in general denial of a complaint based on a document transcribed therein is, in accordance with section 119 of the Code of Civil Procedure, an admission of the genuineness and execution of the said document, this does not preclude the defendant from introducing evidence in support of an allegation contained in the new matter which constitutes a valid defense and shows the real consideration for the obligation.</p>

<p>Appeal from the District Court of Ponce in an Action for Damages. — Motion to Open Default and Set Aside Judgment.</p> <p>The facts are stated in the opinion.</p>

<p>Contract — Evidence.—Although the trial court may not rely on the conflict in the evidence, this court will decide in favor of the defendant when the record shows an oath against an oath.</p> <p>Id. — Non-commercial Contracts. — Contracts of the magnitude of the one involved in this case should he .evidenced by writing unless they fall elearly within the exceptions regarding non-commercial contracts.</p>

<p>Record -op Title — Identity op Properties — Correction of Area — Survey.—An. excess of six acres resulting from the survey in a property recorded as containing 51 acres is not of sufficient importance to affect the identity of the property, and a public deed wherein the owner asks that the error be corrected and refers to the survey is a sufficient basis for such correction. It is not necessary to exhibit with the deed a certificate of the survey made after notice to the adjoining owners.</p>

<p>Appeal from a Decision of the Registrar of Property Refusing to Record a Deed of Sale in Foreclosure.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Mayag'iiez in an Action to Becover Possession.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Areeibo in an Action for Nullity of Foreclosure.</p> <p>The facts are stated in the opinion.</p>

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

<p>Biot.- — The fact that the defendant spoke as follows at a meeting: ‘ ‘ * * * Comrades, if on election day, November 2, 1920, by any chance Luis Texidor and others should attempt to betray us by stealing the tickets from us and causing us to lose the election, we will take to the street and defend it by force of arms,” does not constitute the offense defined and penalized by • section 47 of the Penal Code.</p>

<p>Bkeach imp Peace. — A breada of the peace by vituperations and threats is not charged in a complaint whose pertinent part is as follows: “ * * * Mayor Gran ought not to permit that while a public meeting is being held the lights should be extinguished; and he must have ordered the operator to extinguish them, which was a lack of courtesy, a lack of respect and a lack of shame. These words were spoken by the defendant in a loud voice in the presence of numerous persons there assembled and referred to Mayor Grau. ’ ’</p>

<p>Record op Title — Identity op Grantor — Civil Status — Curable Defect. — On July 1, 1911, “A” recorded a property in the registry in his name as a bachelor when in fact he had been a widower since 1896. In selling the property in 1913 he stated that he was a widower and the registrar refused to reeord the sale because in his opinion there were reasons for supposing that the grantor was not the persons appearing as owner in the registry. Held: That at most the registrar should have classified the contradiction as a curable defect, because it of itself was not sufficient to justify his conclusion, the names being identical and all the documents showing that it was the same person. Whether the grantor was a bachelor or a widower when he acquired the property is of no importance, for in either ease he could dispose of his individual interest.</p>

<p>Appeal from the District Court of San Juan in an Action for the Annulment of a Decision of the Irrigation Commission.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan in an Action to Annul a Will.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from a Decision of the Registrar of Property Refusing to Record a .Deed of Sale.</p> <p>The facts are stated in the opinion.</p>

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

<p>Heir — Evidence.—When, the plaintiff bases his cause of action on the fact that he is an heir he is not required to produce a previous declaration of heirship at the trial in, proof of that status.</p> <p>Ejectment — Tax-sale Title. — When the action of ejectment is not subordinate to a previous judgment annulling the defendant’s title, as in this case where the plaintiff was the owner with a recorded title and.the defendant’s title originated in a tax sale which was clearly null and void, the plaintiff is not bound to bring a previous action for the annulment of the defendant’s title in order to recover in ejectment.</p> <p>Id. — Record of Title — Third Person. — If the title asserted by the real owners was already recorded when a third person recorded his title the latter is not protected by section 34 of the Mortgage Law.</p>

<p>Appeal from the District Court of Aguadilla in an Action to Recover Insurance. — Motion for Change of Venue.</p> <p>The facts are stated in the opinion.</p>

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

<p>Appeal from the District Court of San Juan in a Prosecution for Involuntary Manslaughter,</p> <p>Tlie facts are stated in the opinion.</p>

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

<p>Record of Title — Community Property. — A city property consisting of several buildings being recorded in the registry in the names of several persons with different specified and determined interests, a division of the community having been made and recorded by means of a deed executed to that effect by all of the interested persons, each being alloted a specific property, a sale made by a third person of the property acquired from one of them after destroying the house and building a new one is recordable and its record cannot be denied on the ground that only a condominium appears recorded in the name of the vendor.</p>

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

<p>Appeals from the District Court of Humacao in Actions for Damages.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan in an Action for Rescission of Contract.</p> <p>The facts are stated in the opinion.</p>

<p>Attachment — Personal Property' — Custodian—Notice op Motion. — Unquestionably the judge who orders a writ of attachment to issue has the authority to designate a custodian of personal property to be attached in the ■ first instance, or at any time on motion by the defendant, but when after levy of the attachment and delivery of the property to the plaintiff the defendant invokes the said authority of the court, he must give the plaintiff notice of his motion.</p>

<p>Record oe Title — Conjugal Partnership — Separate Property — Curable Defect. — The title to a lot -with a house and garage thereon, purchased from a divorced woman who acquired the lot before her marriage and constructed the house and garage thereon during wedlock with her • separate funds, as stated by her and corroborated by her husband, is recordable in the registry of property, and failure to submit better evidence to the registrar on that point does not prevent the recording of the constructions, for it is a curable defect according to repeated decisions of this court.</p> <p>Id. — Id.—Id.—A contract leasing the said lot with a house and garage thereon, made by the same woman during wedlock, having been previously recorded in the registry with the curable defect of lack of evidence that the house and garage were her separate property, the registrar must respect that decision and cannot ignore it in refusing to record the sale of the house and garage.</p> <p>Td. — Id.—If a lot with a house erected thereon was acquired by title of purchase and the sale of the lot was recorded without mentioning the house, a sale of the house and lot can not be recorded in the registry with regard to the house, because it is not recorded in the name of the predecessor in title.</p>

<p>Appeal from the District Court of San Juan in an Action of Debt and Renunciation of Inheritance.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from tbe District Court of San Juan in an Action for Damages for Libel.</p> <p>Tbe facts are stated in tbe opinion.</p>

<p>Appeal from a Decision of the Registrar of Property Refusing to Record a Legacy.</p> <p>The facts are stated in the opinion.</p>

<p>Principal — Agent — Pleading — Amendment. — When in asserting a cause of action accruing to his principal the agent does not bring the action in the name of the principal as plaintiff, but in his own name, the defect is not one of parties, but of lack of a cause of action, and the complaint is not susceptible of amendment.</p>

<p>Appeal from the District Court of San Juan in. an Action for Nullity of Contract, Etc.</p> <p>The facts are stated in the opinion.</p>

<p>New Trial — Judgment.—When the Supreme Court remands a case to an inferior court for a new trial the ease is again open as if there had been no trial, and a judgment entered without a new trial is null and void.</p> <p>Id. — Bes Judicata. — The trial court not haring weighed the evidence for the reason that its judgment was based on the plea of res judicata and this plea having been held insufficient by the Supreme Court, it may remand the ease for a new trial.</p>

<p>Murder — Degrees of Murder. — If the act resulting in the death of another person and charged as murder is not one of those specifically enumerated in section 201 of the Penal Code and there was no intention to kill, the murder may be in the second degree; but any act which is malicious, premeditated and deliberate and causes the death of a human being is murder, either in the first or second degree. Hence, as the absence of an intention to kill may reduce the crime from murder in the first degree to murder in the second degree, to charge that the act was malicious, premeditated and deliberate, rather than so to describe the actual killing, constitutes a charge of murder in the second degree.</p> <p>Id. — New Trial — Waiver.—The defendant moved for a new trial on the ground of the improper admission and exclusion of evidence, but made absolutely no specification in his motion of what these errors were. By this omission the defendant waived the errors in the admission and exclusion of evidence and this court would not reverse the judgment unless it found a fundamental error in the admission and exclusion of evidence.</p> <p>Id.' — Instructions to Jury. — No exception was taken to the instructions to the jury, and while more might have been said by the court, not only were the instructions sufficient generally, but the defendant also asked for specific instructions and they were granted and given as requested.</p> <p>Id. — Id.—It is not error for the court, unsolicited by the jurymen, to call them back for further instructions.</p>

<p>Weights and Measures — Judicial Notice. — Neither the district courts nor the Supreme Court can take judicial notice of the regulations issued by the Chief of the Bureau of Weights and Measures by virtue of the power conferred upon him by the Legislature in Act No. 13 of 1917.</p>

<p>Mandamus — Scholarship—Pleading.—A petition for a writ of mandamus to compel a municipal auditor to issue a warrant for the payment of a scholarship created by a municipal ordinance under the authority of Act No. 19 of March 9, 1911, is not sufficient if it does not specify the kind of studies which the petitioner is taking or intends to take, for in the absence of such an allegation it is impossible to determine whether or not he comes within the provisions of the said act.</p> <p>Id.- — Id.-—Quaere: Whether Act No. 19 of March 9, 1911, authorizing the municipalities of Porto Rico to support students in the colleges and universities in the United States is in force.</p>

<p>Appeal from the District Court of Mayagüez in an Action of Filiation, Etc.</p> <p>The facts are stated in the opinion.</p>

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

<p>Appeal from the District Court of Ponce in ah Action to Recover Common Property.</p> <p>The facts are stated in the opinion.</p>

<p>Record of Title — -Partition—Jurisdiction.—A partition of an estate made by two partitioners appointed in soliAum by the testatrix is not void per se for the reason that one of the partitioners was an heir. If the partition were voidable its annulment should be adjudged by a court of justice at the instance of an interested person and not by the registrar of property.</p>

<p>Damages — Mortgage—Foreclosure—Measure of Damages. — What a defendant should pay as damages for a property whieh he acquired unlawfully and whieh he can not restore beeause it is in the possession of a third person who had no notice of the unlawfulness of the acquisition of his grantor is not the value of the property while in the possession of its lawful owner, nor the value whieh he and the defendant agreed upon in a mortgage deed in case of foreclosure, but the market value of the property when the owner was deprived of it.</p> <p>Id. — Profits.—When profits are claimed it is necessary to prove not only the market value of the crops at the time they were harvested, but also the expenses incurred in their production; and the burden of proof of both items is on the plaintiff, for otherwise there is no basis upon whieh to determine the profits.</p>