Volume 9 — Puerto Rico Reports

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

<p>Action eor Recovery oe Property. — To successfully prosecute an action for-recovery of property, tlie plaintiff must state precisely and clearly the thing sought to be recovered, and fully prove not only Ms ownership of the same, but also the identity thereof.</p> <p>Id. — Title.—The title which serves as a basis for an action for the recovery of property must be a true title to the thing sought to be recovered.</p> <p>Judgments — Effect Upon Persons not Parties to the Action. — Judgments and orders rendered in a proceeding do not bind persons who have not been made parties to the action.</p> <p>Evidence — Weight of Same — Findings of Pact. — In cases where inferior courts agree as to the facts established on the trial, the appellate court must accept their findings, unless, in weighing the evidence, they shall have committed manifest errors.</p>

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

<p>Heirs — Acceptance of Inheritance — Merged Properties — Obligations of Predecessor in Interest.; — Where an inheritance is accepted by the heirs they succeed to all the transferable rights, assets and liabilities of the testator, to the right to represent him in such capacity, the properties of the inheritance becoming merged in those of the heirs themselves, and they are bound to answer with both properties for the fulfillment of the obligations of their predecessor in interest.</p> <p>Id. — Legacies—Legatee.—When a legacy consists of a specified and definite thing, the legatee acquires the ownership thereof immediately upon the death of the testator, and it becomes merged in the legatee’s own property, both properties being equally required to secure the fulfillment of the obligations contracted by the predecessor in interest, as occurs in the case of heirs who have accepted the inheritance. '</p> <p>Notice of Attachment — Real Right. — The entry of a notice of attachment in the registry of property does not grant to the person in whose favor such entry is made any real right- to the real property entered, nor does it deprive the owner or legatee of the same the right to enjoy a.nd freely dispose of such real proiierty without any limitation whatsoever.</p> <p>Inscription of Property Bequeathed — Creditors of the Testamentary Estate — Rescission.—Where a record has been entered of property in favor of the legatee, it being made to appear that he acquired the same without prejudice to the stock which might belong to the creditors of the testamentary estate to convert their credits upon the property of the estate, it will not be understood in the sense that the property recorded was specifically subject to secure the personal obligations of the testator, although it may serve as a ground upon which to base the rescission of a contract of sale made by the legatee with respect to such property.</p> <p>Id. — Obligation.—In order that an action for rescission based on subdivision 3 of section 1258 of the Civil Code may be successful, it is necessary to show that the creditor cannot recover what is due him except by the rescission of the contract executed, because the debtor is without other property upon which he could recover the amount of the debt.</p> <p>Id. — Cancellation of Attachment — Fraudulent Conveyance. — Where an attachment entered in the registry is cancelled before the conveyance of the property attached, it cannot produce the effect provided for in section 1264 of the Civil Code for the purpose of considering such conveyance to be a fraudulent one.</p>

<p>Accidents — Risks and Dangers Incident to an Employment or Position— Indemnity. — It is a principle sustained by a long line of authorities, that an employe whose ordinary occupation is that of handling machinery, or any instrument or implement connected therewith, and who has knowledge o'f its working and of the dangers and defects thereof, assumes the natural risks and dangers incident to such employment,' and if he should sustain injury in the course of his employment he cannot recover damages from his employer.</p> <p>Id. — Accepting Employment or Position. — The acceptance of a position or employment implies the assumption by the employe of all the risks and dangers incident to such employment, and therefore he will have no right to demand indemnity by reason of injuries sustained therein.</p> <p>Id. — Due Care and Diligence Necessary. — The law governing the liability of employers by reason of accidents in which employes are injured only provides that those who are in the discharge of their duti%..at the time of the accident, and who have exercised due care and- diligence, have a right of action to recover damages.</p> <p>Id. — Contributory Negligence — Causes oe Accident. — If in the discharge of his duties an employe is guilty of contributory negligence and such contributory negligence was a proximate eaiwo of the accident wherein he is injured, he cannot recover from his employer.</p> <p>Id. — It is a principle of law- sanctioned by the statutory law in force, that when a plaintiff is guilty of contributory negligence in those cases wherein the exercise of due care would have avoided danger, he will not be allowed to recover for damages and losses.</p> <p>Id. — Different Methods Eollowed in the Discharge of the Duties of a Position — Responsibility of Selection. — Where in the discharge of the duties of a position or employment there are different methods which an employe may follow, one of which offers security and the others not, and the employe elects to follow one of those which unnecessarily exposes him to danger, he assumes the risks of his selection with all the consequences thereof, even though other employes may follow the same method.</p> <p>Id. — Negligence of Employer. — In those eases in which the plaintiff has not been guilty of contributory negligence and in the discharge of the duties of his position acted as a prudent person would act, he must then prove, in order to recover indemnity for damages that his employer was guilty of negligence or failed to comply with his duties either personally or through an agent or manager.</p> <p>Id. — Want of Competent Personnel. — Where the demand of the plaintiff is based on the alleged negligence of the employer in failing to employ competent help for the cai ^ing on of his business, these facts must be clearly stated in the complaint and must be absolutely proved by means of proper evidence, the burden being on the plaintiff! to prove also that he was not guilty of contributory negligence.</p> <p>Id. — Employers are bound to furnish machinery in good condition and employ a sufficient number of competent operators to run the same with safety, but in those cases where the number of operators is insufficient and the employer refuses to increase the number, an • employe accepting a position with full knowledge of such conditions also accepts ipso faoLo the risks thereof.</p> <p>Id. — Bubden op Pboop. — In those cases where indemnity is asked by reason of injuries sustained in accidents occurring while an employe is in the discharge of his duties, the buiden of proof is upon the plaintiff and' he is required to prove his ease to the satisfaction of the court, as otherwise his ' action cannot succeed.</p>

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

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

<p>Interdict to Retain Possession — Execution op Judgment. — In interdicts to retain possession, the plaintiff will not he put in possession of the thing, of the possession whereof he has not been deprived, it being sufficient in order to comply with the judgment rendered in such' proceedings to serve notice thereof upon the parties in interest.</p> <p>Jurisdiction — Errors Committed by Inferior Courts. — The Supreme Court is without jurisdiction to correct errors committed by inferior courts where a proper appeal has not been taken, or where the same has not been taken within the time prescribed by law.</p> <p>Motion por Reconsideration. — A motion for reconsideration must be filed within five days, as prescribed by article 376 of the former Law of Civil Procedure.</p> <p>Prescription — Action to Retain or Recover Possession. — An action to recover or retain possession prescribes after the expiration of one ’year, and even though this provision refers to eases where the possession has been attacked by private individuals, it is with all the more reason applicable to a state of right which has been created by possession granted in virtue of a judicial determination which is not attacked within the period provided for by law.</p>

<p>Habeas Corpus. — In a ease where it has not been shown that the imprisonment of the petitioner is illegal and, on the contrary, it appears that he is legally restrained of his liberty, the application for the writ of habeas corpus must be denied.</p>

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

<p>Contempt — Publication op False ob Incorrect Statement op Judicial Proceedings. — The wilful publication of any report, which is false or manifestly incorrect, relating to a judicial proceeding constitutes the crime of contempt in accordance with subdivision 5 of section 1 of the Law of March 1, 1902.</p>

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

This is an appeal taken by Eafael Arce Eollet on behalf of Eamon Diaz Delgado, from a decision of the Eegistrar of Property of Caguas, by which he refused to cancel a mortgage.

This is an appeal taken by Attorney Frank Antonsanti y Capo from a decision of tlie Registrar of Property of San Juan, refusing to admit to record a deed of purchase and sale of a number of shares in the ownership of a rural estate.

<p>Simulated Contracts.- — Contracts involving an alienation of property are considered to Rave been simulated when they are executed by persons who at the time of the alienation had contracted obligations other than mortgage obligations where, upon the execution of th@ contracts, the notary before whom the same were executed did not certify in the deed that the price had been delivered in his presence, or where the vendors did not deposit in cash the value of such obligations, or did not retain sufficient property to meet the same.</p> <p>Id. — Entry of Becord of the Property Alienated by Simulated Instrument— Cancellation. — The fact that a property sold by a simulated instrument was recorded in the registry in favor of the purchaser will not prevent the contract so recorded from being declared null and void, inasmuch as the admission of an instrument to record does not render valid, acts and contracts which are null in accordance with the law, and in virtue of which the procedure in such a case is to order the cancellation of such record.</p> <p>Id. — Liability of Purchaser.- — Where a simulated sale is declared null and void, the property sold will revert to the possession of the vendor, who is bound to pay his creditors the amount of his debts, and from that time the liability of the purchaser ceases with respect to such creditors</p> <p>Id. — Obligations—Delay—Indemnity.—Where compliance with an obligation consists in the payment of an amount of money, and the debtor delays payment, indemnity for damages and losses, in the absence of an agreement to the contrary, will consist in the payment of legal interest if no other rate is stipulated.</p>

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

This is an appeal taken by Attorney Francisco Ramirez Arrillaga, on bebalf of Leon Emilio Chevremont y Convertie, from a decision of tbe… Held: that if the lot were not expressly recorded in favor of any specific person, article 20 of the Mortgage Law did not operate as an obstacle to the record of the lot in favor of the municipality when it established its right in the form required by article 36 of the Regulations for the execution of the Mortgage Law, he changed his…

<p>ApplicatioN for a Writ of Mandamus.</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>Conjugal Partnership — Evidence.—In order to sliow the date on which a marriage ceremony is performed and thereby to determine- the date upon which the conjugal partnership commenced, it is necessary to introduce as evidence the marriage certificate.</p> <p>Pleading — Allegations—Burden of Proof. — Where a defendant neither denies nor admits in his answer facts alleged in the complaint, the plaintiff- must prove the same.</p> <p>Trial — Insufficient Evidence — Dismissal—Where a plaintiff fails duly to prove the points which are necessary to be proved for the success of his action, the complaint must be dismissed.</p>

<p>Certiorari — Jurisdiction.—The fact that an inferior court has under consideration a motion to dismiss an appeal taken to the Supreme Court and another motion praying for the appointment of an administrator, does not imply that the court has exceeded its jurisdiction to the extent that a writ of certiorari would lie.</p> <p>Id. — Compulsory Meeting op Creditors — Bankruptcy.—The writ of certiorari will not issue to prevent a compulsory meeting of creditors from being held as such and to require that the proceedings be had in accordance with bankruptcy procedure.</p>

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

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

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

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

The application was presented to Mr. Justice Figueras at chambers. STATEMENT OP THE CASE. Emilia Jiminez and Felicia Garriga Brenes made an application for a writ of mandamus to be directed to the judge of the District Court of Ouayama to compel him to act according to the provisions of the Mortgage Law and its Regulations in the proceedings in an action pending in said court involving the foreclosure of a mortgage.

Agustin Rosello, in his own name and on behalf of his wife, America Bras, made an application to the Supreme Court for the issuance of the writ of certiorari to the district court to require it to forward the record of the case prosecuted in that court by Salvador Castello against the applicants, in order that the Supreme Court, after reviewing the proceedings had, might render a decision modifying the judgment rendered by the district court in the said case to conform to…

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

<p>Appeal Authenticity op Records oe Judicial Proceedings — Transcript oe Record. — In order that the records of judicial proceedings may be duly authenticated, it is necessary that the seal of the court should appear thereon, and the absence of such seal upon the transcript of a record presented on appeal constitutes a fundamental error of procedure which will warrant the dismissal of the appeal according to the provisions of section 358 of the Code of Civil Procedure.</p>

In an action of unlawful detainer to recover possession of a rural estate brought in the District Court of Mayaguez hy Maria Moreno against Victor Martinez, the plaintiff applied for an injunction to restrain the defendant from continuing to collect the products of said estate and from using certain •establishments thereon, and the injunction having issued, the said plaintiff applied to the district court for the appointment of a receiver to take charge of the gathering of…

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

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

This is an appeal taken by Attorney and Notary Luis L. Yordan Davila from a decision of the Registrar of Property of Ponce refusing to admit a mortgage deed to record.

This is an appeal taken by Attorney and Notary Luis L. Yordan Dávila from a decision of the Registrar of Property of Ponce refusing to admit a mortgage deed to record.

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

<p>Divorce — Grave Injuries — Cruel Treatment. — In order that an action for divorce based on grave injuries may be successfully prosecuted, it -is necessary that the insulting words be of such a nature as to be equivalent to cruelty.</p>

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

<p>Construction of Laws. — It is a well-established principle of law that where a law contains a repealing clause repealing all laws or parts of laws in conflict with its provisions, but not expressly repealing a former law .upon the same subject, it will be understood that all of the provisions of the said former law not in conflict with the provisions of the last law passed, will remain in force.</p> <p>Undertaking to Keep the Peace — Justices of the Peace — Magistrates.— Justices of the peace appointed in accordance with the Act to reorganize the judiciary of Porto Rico, approved March 10, 1904, are magistrates and have authority to hear and determine proceedings for an undertaking to keep the peace.</p>

<p>Certiorari — Cases in Which the Petitioner Was Not a Party to, the Principal Action. — Only in very extraordinary cases will the writ of certiorari be issued on the application of a person who was not a party to the action to review the proceedings.</p> <p>In. — Appeat.—An appeal is the proper remedy to correct errors in an ordinary suit, and where it is alleged that proceedings are void or defective and that such defects could not have been corrected during the progress of the case by reason of the fact that the party aggrieved was not a party to the action, he must have recourse to the remedy provided for by law.</p> <p>Id. — Ordinary Remedy. — The writ of certiorari will not issue when there is a remedy at law.</p> <p>Id. — Acts Performed by a Marshal. — The Supreme Court cannot review on certiorari proceedings the acts performed by a marshal unless the same have been included in the record of the case.</p> <p>Id. — Due Diligence. — In order that an aggrieved party may avail himself of the benefits of the writ of certiorari, he must show that he has, exereised due diligence and that he cannot obtain adequate relief by resorting to an ordinary remedy at law.</p>

<p>New Trial — Newly Discovered Evidence. — A motion £or a new trial must be filed before judgment is rendered by the trial court, and if it is based upon newly discovered evidence, it must be shown that notwithstanding the existence of the greatest reasonable diligence, the accused was unable to discover said evidence and submit it upon the trial of the cause.</p> <p>Id. — An allegation to the effect that the testimony of certain witnesses appearing at the trial was false, is not sufficient ground upon which to order a new trial, inasmuch as such witnesses testified under the full responsibility of their oath, and it must be presumed that they told the truth so long as the contrary is not proved.</p>

<p>Intervention — Plaintiff's Bequest — Estoppel.—A plaintiff is estopped from subsequently denying a person’s riglit to intervene in an action where such intervention was made at the request of the plaintiff.</p> <p>Judgment. — A judgment is a final determination of the rights of the parties in an action or proceeding.</p> <p>Appeal — Special Order. — A special order for the purposes of the provisions of subdivision 3 of section 295 of the Code of Civil Procedure, is an order made after the rendition of a final judgment wherein a right is infringed in the decision of a point not raised in the action nor decided by such final judgment.</p> <p>Id. — An order of an inferior court declaring null and void a previous order of the same court for reasons which are purely technical or matters of form, is not an appealable order because it does not possess the character of a final judgment nor of a special order, and the nature of the same is not altered by the fact that it may have been entered as a final judgment.</p>

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

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

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

<p>Information — Presentation—Dismissal.—In order that the provisions of section 448 of the Code of Criminal Procedure may be applicable, it is necessary that from the time of the arrest of the defendant to the filing of the information sixty days shall have expired without any sufficient reason therefor.</p> <p>Evidence — Impertinent Questions — Hearsay Evidence. — It is not error for a court to exclude as impertinent a question propounded by counsel for the defense to a witness inquiring if he knew whether the defendant had ever been prosecuted before, as well as other questions which by reason of the fact that they do not relate to the matters coming within the personal knowledge o'f the witness are hearsay evidence.</p> <p>Id. — Preliminary Hearing before Fiscal. — The pi'eliminary hearing before the fiscal prior to the filing of the information, has no object other than to acquire sufficient knowledge of the facts upon which to prepare and base the information, and the statements made before him by the witnesses cannot be introduced in evidence, except in very special eases. ' " ,</p> <p>Instructions by the Court — Discretion of the Court with Bespe^t to the Arguments of Counsel., — It is a function of .the court to instruct the jury upon the law necessary for its information, and the parties may avail themselves of their legal remedies when such instructions are contrary to law; and this being so it is not error for the eourtj nor is it a curtailment of the rights of the defense, to prevent counsel from reading to the jury cases decided by other courts, and to explain the scope of such decisions.</p>

<p>Eree Expression op Opinion. — Although every person has a perfect right to speak and write the truth and express opinions in regard thereto, he will, however, be held responsible for an abuse of this personal privilege which must be made use of, like all other privileges, in such a way as not to infringe the rights of others.</p> <p>Authority oe Commissioner oe Education — Teachers—Responsibilities.—In accordance with the sehool law the Commissioner of Education has authority to suspend from employment any teacher accused of cruelty, immorality, incompetence, insubordination, or neglect of duty, and dismiss him after an investigation wherein the teacher may be heard in his own defense.</p> <p>Id. — Insubordination—Dismissal.—Teaehers are bound to work in harmony with the Department of Education, and in case of dissatisfaction with a decision of the department they must address their complaints thereto, and the publication ox articles in newspapers by a teacher, violently attacking the Commissioner in regard to his official acts, constitutes insubordination which will justify the dismissal of the teacher and cancellation of his certificate.</p> <p>Id. — Certificates of Teachers. — The certificate of a graded teacher is simply an evidence of his capacity to discharge the duties of teaeher of a second grade school, tjxit is not a title which would confer upon him an office which is property in the purview of the law.</p>

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

<p>Criminal Law — Complaint—Objections Thereto. — The objection that a complaint is not sworn to, must be made before the court in which the case is pending, and where a defendant submits to a trial without raising such objection, he waives the right to raise such objection in the appellate court.</p> <p>Id. — Dismissal—Bill op Exceptions. — Where the transcript of the record presented on appeal contains no bill of exceptions setting out the evidence introduced in support of a motion presented to the inferior court praying for the dismissal of the ease, the supreme court is without the neeessary facts to consider and determine the matter.</p>

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

<p>Crimiisfal Law — Evidence—Confession of the Accused — Hearsay Evidence.— Where a defendant has confessed to other persons that he committed the crime, such confession may be presented in evidence against him, and the testimony of such persons in regard to the confession cannot be regarded as hearsay evidence, nor does it fall within the prohibition contained in section 7 of the Code of Criminal Procedure.</p> <p>Id. — Evidence—Appeal—Bill of Exceptions — Statement of Pacts. — In order that the court may consider on appeal the allegations that the verdict and judgment are not sustained by the evidence, it is necessary that the same be submitted to its consideration by means of a bill of exceptions or statement of facts, and on a failure so to present such evidence it will be presumed that the evidence is sufficient to justify the verdict and judgment.</p> <p>Id. — Stenographic Notes — Minutes of the Court — Record.—Although the notes of the stenographer constitute prima facie the minutes of the court, the latter have never been deemed to include in their signification the testimony of. witnesses; wherefore such notes cannot be considered as a bill of exceptions or statement of facts, nor can the same be used as a substitute therefor, nor has the word minutes the same signification as the word record.</p> <p>Id. — Instructions of the Court to the Jury — Questions Relating Thereto.— The provisions of section 300 of the Code of Criminal Procedure do not refer to the facts proved on a trial nor to the testimony of witnesses, but exclusively to the instructions of the court to the jury, and to such questions as arise in relation thereto.</p> <p>Id.- — Object—-Bill oe Exceptions — Statement op Eacts. — The notes of the stenographer must contain a faithful statement of all the proceedings had in the trial of the case and should he consulted in preparing the bill of exceptions or the statement of facts, which should only contain a brief statement of all the facts proved at the trial either by documentary evidence or the testimony of witnesses, and must be signed by counsel for both parties if possible, and approved by the judge.</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 Guayama.</p> <p>Tlie facts are stated in the opinion.</p>

<p>Appeal — Stenographic Notes — Bill or Exceptions — Statement op Facts.— The notes taken by the stenographer during the trial should form no part of the transcript of the record on appeal, nor can the same be used as a substitute for a bill of exceptions or a statement of facts.</p> <p>Id. — Objections to the Evidence. — When an objection is made to evidence on the ground that it is insufficient, it must be stated wherein such evidence is insufficient.</p> <p>Id. — Object op Exceptions. — One of the objects of objections and exceptions is to call the attention of the opposing party and of the court to the errors which may have been committed in order to give them an opportunity to correct the same before the termination of the trial.</p> <p>Id. — Bill op Exceptions. — Objections and exception must be included in the _ bill of exceptions in order that the Supreme Court may take cognizance thereof and decide the appeal. In the absence of a bill of exceptions it will be presumed that the judgment is correct and that the plaintiff has proved the facts necessary to sustain his complaint.</p> <p>Obligations — Penal Clause. — Obligations arising out of contracts have the force of law between the contracting parties and must be complied with according to the terms thereof, and where a penal clause exists the penalty will substitute indemnity for damages and payment of interest in the absence of an agreement to the contrary.</p> <p>Id. — Internal Revenue — Bond to Secure Compliance with the Internal Revenue Laws. — The bonds required by the Treasurer of Porto Rico, in accordance with section 358 of the Political Code, to guarantee faithful compliance with the internal revenue laws, have the objeet of guaranteeing not only indemnity for damages and losses, actual and proved, which the Government may ■suffer, in cases of violation of any of the conditions stipulated in such bonds, but the sureties will be responsible for the total amount therein fixed.</p> <p>Id. — Power of the Treasurer of Porto Rico. — The Treasurer of Porto Rico has ample power to require a bond from every manufacturer in Porto Rico the amount thereof being limited to 50 per cent of the value of his annual output.</p> <p>Id. — Civil and Criminal Action. — The prosecution of a criminal action is not a bar to a civil action, and the fact that a person has been condemned to pay a fine for a violation of the internal revenue laws is not a bar to an actiqn to compel the payment of the total amount of a bond furnished by the same person to guarantee a faithful compliance with the provisions of such law.</p>

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

<p>Appeal — Bill op Exceptions — Statement op Pacts — Manifest Ekrob’. — There being no bill of exceptions or statement of facts, and it not appearing from the record that any error has been committed which would justify'the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Manifest Error. — There being no bill of exceptions or statement of facts, and it not appearing from the record that any error has been committed which wonld justify the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Appeal — Bill op Exceptions — Statement op Pacts — Manifest Error. — There being no bill of exceptions or statement of facts, and it not appearing from the record that any error has been committed -which would justify the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Contracts — Intention oe Parties. — The intention of the contracting parties must always be considered in the interpretation of contracts and must be strictly followed and complied with.</p> <p>Evidence — Presumption.—One of the means of proving rights is by presumption, as provided for by the law, and the parties may avail themselves thereof in an action in order to prove their respective rights.</p> <p>Id. — Requirements.—In order that a presumption may be indulged as a means of proof, it is neeessary that the fact from which it is deduced should be clearly shown, and moreover, that there be a direct connection, according to the rules of human judgment, between the fact certain and the one which it is sought to deduce.</p> <p>Id. — Civil and Actual Possession oe Real Estate. — Where from the evidence introduced on a trial, civil possession is proved as the result of the ownership of property in favor of one of the parties, and the actual possession in favor of another party as a consequence of his actually holding the same, the essential requirements are lacking, according to the foregoing rules and doctrine, to establish a legal presumption derived from the ownership or civil possession; that is to say, those referring to the delivery of a thing sold by public deed and the right ot accession with respect to the products of the property, the presumption being, on the contrary, that the person who is in the actual possession of the property has utilized and enjoyed said products.</p> <p>Private Document — Conversion Thereof into Public Document. — A private document containing a promise to sell and whereby the ownership of the property acquired by one of the parties is limited, is a contract which should be set down in a public instrument, and as soon as one of the parties demands that the same be converted into a public instrument, if the other should refuse, the court must require him to make such conversion.</p> <p>Id. — Probative Force oe Private Documents. — A failure to embody an agreement in a public deed will in no wise destroy the binding force of a private contract between the parties entering into the same.</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>Appeal from the District Court of G-uayama.</p> <p>The facts are stated in the opinion.</p>

<p>Criminal Law — New Trial — Verdict Contrary to the Evidence — Bill oe Exceptions. — Where the court denies a motion for a new trial on the ground that the verdict is contrary to the evidence, the accused should take an exception to such ruling and set forth the same in a bill of exceptions in accordance with the provisions of sections 298 and 299 of the Code of Criminal Procedure.</p> <p>Id. — Statement oe Facts. — In the absence of a bill of exceptions or statement of facts, the appellate court will presume that the verdict and judgment are in accordance with the evidence.</p> <p>Id. — Stenographer's Notes — Instructions oe the Court to the Jury. — In order that the stenographer's notes of the instructions given by the court to the jury may form part of the transcript of the'record and he used on appeal in the same manner as if they had "been set forth in a hill of exceptions, it is necessary that the same should contain the endorsements setting forth the decision of the court in relation of the questions raised with respect thereto.</p> <p>Id. — Minutes op the Court. — The minutes of the court should contain only a brief statement or memorandum of the facts occurring at the trial, without reference to the evidence, which in no case may be set out in the minutes of the court.</p> <p>Statutes — Discrepancy Between the English and Spanish Texts. — Where discrepancies exist between the English and Spanish texts of the law, the former must be considered as the original text and the Spanish must be subordinated thereto. '</p>

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

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

, In summary proceedings brought in the District Court of Humacao by the Banco Territorial y Agricola against Cin-tron Hermanos, the latter filed a motion for liquidation of property, a settlement of accounts between creditor and debtor, and that a second sale be suspended until such- liquidation and settlement of accounts should have been concluded. Thereupon the bank filed a motion to dismiss said motion and to expunge it from the record.

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

<p>Appeal — Transcript op Becord. — Tbe transcript of tbe record should contain a copy of all those documents which, according to law, constitute tbe record of a case, it being the duty of tbe appellant to remedy the deficiencies or defects therein contained, inasmuch as in the absence of tbe necessary documents it will be presumed that tbe inferior court proceeded according to law.</p>

<p>Habeas Corpus — Appeal De Facto Officials. — 'Where in a criminal prosecution a person acts as secretary who was not an official de jure, by reason of the fact that his appointment was not authorized by law, he would nevertheless be an official cle facto, and Ms acts as sueli could not be attacked in a collateral proceeding, such as an appeal; nor would that fact render either the proceedings or the judgment therein null and void.</p>

<p>Appeal — Transcript op Becord — Duties of Appellant. — The transcript of the record should contain a copy of all those documents whieh, according to law, constitute the record of a case, it being the duty of the appellant to remedy the deficiencies or defects therein contained, and in the absence of the necessary documents, it will be presumed that the trial court proceeded in accordance with law. • '</p> <p>Id. — Bill of Exceptions — Statement of Facts. — Where there is no bill of exceptions or statement of facts, and it not appearing from the records what action was taken by the trial court with respeet to two motions filed by the accused, the Supreme Court will not consider and decide the questions therein raised.</p>

<p>Evidence — -Voluntary Confession — Hearsay Evidence. — Where the accused has made a voluntary confession to witnesses the testimony of the latter is not hearsay but direct evidence and admissible as such.</p> <p>Appeal — Instructions op Court to Jury. — Under section 266 of the Code of Criminal Procedure counsel have the right to submit to the court written requests to charge, and if they fail to exercise this right at the trial, or make no objections to the court's instructions, they cannot afterwards attack the same as erroneous.</p> <p>Id. — “Beyond a Reasonable Doubt.” — “Beyond a reasonable doubt” does not mean the absence of any doubt whatever but a moral conviction of the guilt of the accused.</p> <p>Id.- — Stenographer’s Notes.- — In order that the instructions of the court taken stenographically may form part of the transcript of the record and be used on appeal, it is necessary that they should bear endorsements setting out the decision of the court and signed by the judge; and in this way the objections made thereto may be considered the same as if they were contained in a bill of exceptions or statement of facts.</p> <p>Id. — Evidence—Verdict op Guilty. — In order to attack a verdict, declaring a defendant guilty, on the ground that it is contrary to the evidence, it is, necessary that the transcript should contain a bill of exceptions or a statement of facts, the former prepared in accordance with the provisions of sections 298 and 299 of the Code of Criminal Procedure, and the latter according to the provisions of rule 17 of the district courts.</p> <p>Id. — Minutes op the Court. — Although the stenographer’s notes constitute prima faoie the minutes of the court, the minutes should contain only a brief statement or memorandum of the facts occurring during the progress of the trial, and they have never included in their signification the testimony of witnesses; wherefore they cannot be considered as a bill of exceptions or statement of facts.</p> <p>Id. — Where there is no bill of exceptions or statement of facts and it not appearing from the transcript of the record that any fundamental error has been committed which would warrant the court in granting a new trial or in reversing the judgment, the same should t¡e affirmed.</p>

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

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

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

<p>Information — Dismissal.—The provisions of section 448 of the Code of Criminal Procedure are not applicable to those cases where by reason of the fact that the judgment of conviction has been reversed on appeal, a new trial is ordered to be held.</p> <p>Criminal Prosecution — Powers op Attorney General — Special Fiscal. — The Attorney General of Porto Bieo has the power to appear personally in all criminal prosecutions pending before the Insular courts or to appoint special fiscals to appear therein as his representatives, or he may transfer the fiscal of one district to another district and order him to prosecute any case pending therein.</p> <p>Evidence — Confession op Dependant — Hearsay Evidence. — The testimony of witnesses in regard to a confession of crime made to them by the accused cannot be regarded as hearsay-evidence, but, on the contrary, it is direct evidence of the acts of the accused and perfectly admissible.</p> <p>Id. — Cases in Which a Confession is Admissible. — The only objections which a defendant may urge against the admission of testimony in regard to á, confession of his crime are that the defendant was under duress at the time of making such confession, or that he had been induced to confess by reason of hopes or promises held out to him.</p> <p>Id. — Irrelevant Questions — -Opinions op Witnesses. — Questions propounded to a witness, for the purpose of obtaining his opinion upon certain faets connected with the case, are inadmissable and should be excluded as impertinent, inasmuch as upon the jury and not upon the witnesses rests the obligation of making deductions in regard to the facts established before it.</p> <p>Id. — Witnesses.—Witnesses do not need to have any professional title whatever in order to testify in a criminal prosecution in regard to facts which come within their personal knowledge.</p> <p>Appeal — New Trial — Evidence—Bill op Exceptions — Statement op Facts.— In order that the Supreme Court may consider and decide on appeal a motion for a new trial based ón the ground that the verdict is contrary to the law and the facts, it is necessary that the evidence introduced at the trial be submitted to the consideration of the court, by means of a statement of facts or bill of exceptions, and in the absence thereof it will be presumed that the verdict, as well as the judgment, is correct and that they conform to the law.</p> <p>Id. — Instructions op the Court to the Jury. — Where the accused has made no objection to the instructions given by the court to the jury, he will be deemed to have waived the same, and in the absence of a bill of exceptions or statement of facts setting out the evidence introduced supporting the allegation that such instructions are erroneous, the same will be deemed to be correct unless it appears that whatever may have been the faets proved at the trial such instructions were manifestly erroneous.</p> <p>Id. — Alleged Errors Shoued be Shown in the Record. — It is a general principle of law that a party alleging the existence of errors in the proceedings of a court must show the same to exist by reference to the record.</p> <p>Id. — Murder in the First Degree — Bobbery.—Where the classification of murder in the first degree is based on the fact that murder ,has been committed in the perpetration of a robbery, the court should define the crime of robbery and instruct the jury with respect thereto.</p> <p>Id. — Sentence op Death. — The phrase “God have mercy on your soul" used by a judge in condemning an accused to the death penalty is not improper, nor can it in any wise be considered to constitute a material error which would justify a reversal of the judgment, and the trial judge may use this formula or not in his discretion.</p> <p>Id. — BkRoes Which do not Pbejudice the Substantial Bishts op the Accused. — Where an inferior court has not. committed any fundamental error which might prejudice the substantial rights of the accused and thereby war rant the reversal of the judgment appealed from, the same should be affirmed.</p>

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

<p>Appeal — Bill oe Exceptions — Statement oe Facts — Manifest Errors. — Where there is no bili of exceptions or statement of factjs and it does not appear from the record that any error has been committed which would justify a reversal of the judgment appealed from, the same should be affirmed.</p>

<p>Appeal — Information-—Arraignment.—In order that the accused may ask for the reversal of a judgment on the ground that he was not arraigned and that he was not required to plead to the information before submitting to trial, it is necessary that these facts appear of record, and if the transcript is not complete it will be presumed that the proceedings have been conducted in accordance with law.</p> <p>Id. — Documents Which Constitute the Eecords of a Case. — The transcript of the record on appeal should contain a copy of all the proceedings referred to in section 326 of the Code of Criminal Procedure, which documents constitute the record of a case.</p> <p>Id. — Cases Where the Transcript of the Record is Incomplete — Duties of Appellant. — Although the secretary of the district eourt is obliged to forward to the Supreme Court a transcript of all the records, however, it is the duty of the appellant to cause a perfect and complete transcript of the record to be presented, and if it is not done he may request the Supreme Court to direct the secretary of the inferior eourt to forward a.certified copy of all or a part of the record, as the case may be, or, the appellant may present the same without the necessity of any order whatever.</p> <p>Id. — Judgment.—A judgment is not null and void merely because it fails to state the nature of the crime with which the accused was charged, it being sufficient if, considered in relation with the information, which is permissible, there is no doubt whatever that he was accused, prosecuted, and convicted of a crime charged in the information and of which the trial court had jurisdiction.</p> <p>Id. — Errors Which do Not Prejudice the Substantial Rights of the Accused. — The Supreme Court will give no consideration whatever in a decision on appeal to errors of law committed by the inferior eourt which do not tend to prejudice the substantial rights of the accused.</p>

<p>Criminal Law — Perjury—Information—Essential Elements. — An information charging the accused with having sworn that a certain person “had no. right to appear on the election lists,” and adding “which faet he knew to be-false,” is not sufficient to warrant the imputation of the crime of perjury, because it does not embrace the elements necessary to constitute that crime,, since it is an indispensable requisite that the information state expressly and concisely the fact to which the accused took oath as being true knowing; the same to be false.</p>

<p>Appeal — Judgment.—In order that the accused may demand the reversal of a judgment on the ground that it was rendered without the court having complied with the provisions of section 318 of the Code of Criminal Procedure, it is necessary that such a failure should appear of record, as in the absence of such a showing it will be presumed that' the proceedings in the trial court ■^ere conducted in' accordance with law.</p>

<p>Appeal — Stenographer’s Notes — Statement op Pacts — Bill op Exceptions.— 'The notes taken by tile stenographer during the trial of a ease form no part of the transcript of the record on appeal, and where such transcript does not contain the evidence set forth in a bill of exceptions or statement of facts, the court cannot consider and determine an allegation to the effect that the verdict is contrary to the evidence introduced at the trial.</p>

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

<p>TRIAL — Continuance.—Although the continuance of a trial is a matter within the discretion of the trial court, nevertheless where the accused moves for a continuance, basing his motion upon the sudden illness of his counsel and proving this fact and the impossibility of employing other counsel with the necessary knowledge and data to defend him, a continuance should be granted, and the denial of such a motion under these circumstances would constitute an error sufficient to warrant the reversal of the judgment and the granting of a new trial.</p>

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

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

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

<p>Crimes Against the Election Law. — Every person who wilfully and maliciously fails to comply with the provisions of the law in regard to elections, or who by illegal methods maliciously prevents a number of electors to exercise the right of sufferage, is guilty of the crime defined and punished in section 3 61 of the Penal Code.</p> <p>Information — Powers oe Attorney General. — The Attorney General of Porto Eico has the power to appoint special fiscals to prosecute certain cases in the district courts.</p> <p>Information — Powers of Secretary of Supreme Court. — The secretary of the Supreme Court is empowered to administer oaths, and an information sworn to before him by a fiscal and subsequently filed in a district court is not for this reason fatally defective</p>

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

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

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

<p>Appeal — Evidence—'Statement op Pacts — Bill op Exceptions. — In order that the Supreme Court may consider upon appeal the findings upon the evidence, it is necessary that the same should be submitted to its consideration by means of a statement of facts or a bill of exceptions.</p> <p>Voluntary Manslaughter — Accessory—Proper Punishment. — The provisions of section 18 of the Penal Code, govern the punishment which should be imposed upon persons convicted as accessories to the erime of voluntary manslaughter, because the Penal Code does not contain any other provision fixing any special punishment for an accessory to such a crime.</p> <p>Id. — Punishment Imposed Upon Accused. — Where the evidence introduced on the trial is not properly submitted for the consideration of the Supreme Court, it cannot decide whether the judge of the trial court abused the discretionary powers conferred upon him by law to impose punishment upon the accused.</p> <p>Id. — The Supreme Court has jurisdiction to correct abuses by district judges in imposing punishment upon the accused, but in order that the Supreme Court may exercise such jurisdiction, it is necessary that the abuses should be manifest, eloar and tangible.</p> <p>Id. — Extenuating Circumstances. — Where extenuating circumstances exist, which should be taken into consideration in pronouncing sentence, the accused should submit the same to the consideration of the trial court in the manner provided for by the provisions of sections 320 and 321 of the Code of Criminal Procedure, and in this way they may afterwards be set forth in a statement of facts and duly submitted to the consideration of the appellate court.</p> <p>Id. — Where nothing to the contrary appears in the record, it will be presumed that the judge of the trial court has wisely and correctly exercised the discretionary powers conferred upon him by law in fixing the punishment which should be imposed upon the accused.</p>

This is an appeal taken by Attorney Francisco de la Torre, on behalf of José B. Dávila y Calvayo, from a decision of the registrar of property of this city refusing to admit to record a deed of sale of a certain rural estate.

<p>Bape — Verdict.—A verdict found by a jury in a prosecution for rape declaring the accused guilty of the crime with which he is charged, is perfectly clear and explicit and is not subject to the objection that it is defective in form.</p> <p>Id. — Objections to Verdict. — Objections to verdicts should be made in the trial court in order to give it an opportunity to correct the defects which may exist therein.</p> <p>Punishment Imposed Upon Accused. — Where the accused fears that the judge will be severe in the imposition of punishment, he should proceed in accordance with the provisions of sections 320 and 321 of the Code of Criminal Pro- " eedure.</p>

This is an appeal taken by Francisca Escalona de Cordero from a decision of tlie Registrar of Property of San Juan, refusing to record in favor of tlie appellant one-'half of a one-fifth interest in house number 50 Luna street in this city.

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