ART. 197. If the judge challenged should consider the cause of challenge proper, being true and included among those mentioned in article 189, whatever be the form the challenging party may have adopted, said judge shall immediately render a decision allowing the challenge and shall order that the record be transferred to whomsoever is to take his place.

If the challenge should be interposed against a justice, if he considers the cause alleged as true, and the chamber deems it well taken, it shall render a decision allowing the challenge.

There shall be no remedy whatsoever against these decisions, without prejudice to the provisions of article 216."

ART. 198. The decision admitting or denying the challenge shall be communicated only to the solicitor of the challenging party, even though the latter be at the place where the action is pending and has signed the written challenge.

ART. 199. If the challenged party should not consider himself included in the cause alleged for the challenge, he shall disallow it, and a separate record shall be ordered made at the cost of the challenging party for the hearing of the issue.

Said record shall contain the original written challenge with the proceedings had thereupon, a memorandum thereof being inserted in the main record.

ART. 200. During the hearing of the challenge the party challenged can not take part in the main action nor in the hearing of the said challenge, and shall be substituted by the proper judge, according to law.

APT. 201. The interposition of the challenge shall not suspend the course of the action, the procedings of which shall be continued until the action is ready for citation for final judgment, at which stage it shall be suspended until the challenge is decided, if it has not yet been determined.

ART. 202. For the purposes of the foregoing article and of article 197, when the party challenged is a judge of first instance, he shall transfer the principal record and the separate record of the challenge to the judge who is to hear the latter, in accordance with the last paragraph of the following article.

ART. 203. The following shall hear and determine challenges:

If the party challenged should be the presiding judge, or the presiding judge of a chamber of an audiencia or of the supreme court, the senior presiding judge of the chamber; and if the one challenged should be the senior, then the one next below in length of service.

If the party challenged should be an associate justice of an audiencia or of the supreme court, the senior associate justice of his chamber; and if the one challenged should be the senior justice, the one next below him in length of service.

If the party challenged should be a judge of first instance or a person acting as such, the substitute judge of the court, with the concurrence of the assessor, should the former not be an attorney, unless there should be another judge of first instance in the same town, in which case the latter shall hear and determine the challenge; should

• See in Appendix order No. 242, series of 1900, for change made for Cuba. A judge who, after disallowing a challenge shall not order a separate record made and shall continue hearing the case, rendering final judgment, violates this provision and that of the following article.-Decision of December 17, 1886.

there be three or more, the one senior to the judge challenged, and if the latter should be the senior judge, then the junior judge.

ART. 204. After the separate record has been prepared, a copy thereof shall be given to the opposite party in the action, in order that within three days he may allege what he may deem proper with regard to the challenge.

If there should be two or more opposite litigants, said period of time shall be common for all of them, and they shall allege what they may deem proper in view of the copy of the written challenge.

ART. 205. After the foregoing copy has been served, or after the period has elapsed without the persons having appeared to assert their rights, evidence on the issue shall be received for a period of ten days, which can not be extended, when the challenge is based on facts not proven and not admitted by the party challenged.

In all other cases the challenge shall be heard and determined in the manner prescribed for incidental issues.

ART. 206. Issues of challenge shall be decided

If the party challenged were the presiding judge, or a presiding judge of a chamber of the supreme court or of an audiencia, by the court in banc of which the challenged party is a member.

If he were an associate justice, by the chamber to which he belongs. If the party challenged were a judge of first instance, by the judge hearing the challenge issue, in accordance with the last paragraph of article 203.

ART. 207. The declaration admitting or disallowing a challenge shall be made in a written decision within three days.

ART. 208. There shall be no remedy whatsoever against the decisions rendered by the supreme court.

From those rendered by an audiencia, an appeal for annulment of judgment only shall lie in a proper case.

Decisions rendered by judges of first instance, or by their substitutes, admitting a challenge, can not be appealed from.

Decisions disallowing a challenge may be appealed from for review and for a stay of proceedings."

ART. 209. After an appeal from a decision disallowing a challenge is filed and allowed, the parties shall be cited to appear before the proper audiencia within the period of ten days, for the purpose of asserting their rights; and the original separate record of the challenge shall be forwarded to the said audiencia.

ART. 210. These appeals shall be heard and determined in accordance with the procedure established for incidental issues.

ART. 211. If the challenge should be disallowed, the costs thereof shall always be taxed against the person interposing said challenge. ART. 212. In addition to the costs mentioned in the foregoing article, the challenging party shall be fined not less than 125 or more than 250 pesetas, if the person challenged should be a judge of first instance and from 250 to 500 pesetas when the challenged party should be the presiding judge or an associate justice of an audiencia.

"A decision confirming a declaration that the challenge of a judge is disallowed does not have a final character, because it neither closes the action, nor does it make its continuation impossible.—Decision of October 19, 1889. Neither is a ruling deciding a challenge of a judge or associate justice final for the purposes of annulment of judgment.-Decision of January 19, 1885.

See number 7 of article 1691 of this law, which authorizes an appeal for annulment of judgment by reason of a violation of these provisions.

ART. 213. If the fines respectively mentioned in the foregoing article should not be paid, imprisonment shall be imposed upon the person in default in the manner and for the time prescribed by the penal code for criminal causes.

ART. 214. Upon the disallowance of the challenge, as soon as the ruling has become final, the case shall be returned to the original judge in order that he may proceed with the hearing thereof in accordance with law.

ART. 215. If the challenge be allowed, and the party challenged should be the presiding judge or an associate justice of a court, he shall not take further part in the hearing of the proceedings.

If the challenged party should be a judge of first instance, he shall also cease taking further part in the action, the hearing of which shall be continued by the judge to whom the records may have been transferred in accordance with the provisions of article 203.

If the judge challenged has ceased to perform his duties in the original court, on account of a transfer or for any other reason whatsoever, the case shall be returned to the said court in order that the hearing thereof may be continued by the new judge who may have taken the place of the one challenged.

ART. 216. If a judge of first instance shall voluntarily, or at the instance of a legitimate party, abstain from proceeding in an action, in accordance with the provisions contained in articles 190 and 197, he shall render a true report thereof to the presiding judge of the audiencia, who shall communicate the same to the chamber of administration thereof.

If said chamber should deem that the abstention is improper, it may impose disciplinary correction upon said judge, if there be sufficient cause therefor, communicating it in such case to the colonial department in order that the same may be entered in the personal record of the judge, for the proper purposes.

ART. 217. If the audiencia should reverse the decision disallowing the challenge, it shall send a copy of its ruling to the said department for the purposes of the foregoing article.

SECTION III.-CHALLENGE OF MUNICIPAL JUDGES.

ART. 218. In oral and other actions of which municipal judges take cognizance in first instance, the challenge shall be interposed at the time of the appearance."

ART. 219. In view of the challenge, if the cause alleged should be of those mentioned in article 189 and be true, the municipal judge shall allow the same, transferring the cognizance of the cause to the judge who is to take his place.

If the challenge should be disallowed, he shall enter his ruling in the record and shall also transfer the cognizance of the cause to the proper judge.

There shall not be any remedy whatsoever against these decisions. ART. 220. For the purposes of the foregoing articles, municipal judges who may have been challenged shall be substituted

By their respective substitutes, in towns where there is no other municipal judge.

• See in Appendix order No. 242, Havana, June 18, 1900, amending this article.

Where there are two municipal judges, by the one not challenged. If there should be three or more municipal judges, by the one next above him in length of service; should this seniority not be judicially determined, by the one next senior in age; and if the one to be substituted should be the oldest in length of service, by the junior one in point of appointment.

ART. 221. The secretary of the municipal judge challenged shall communicate the same to the judge who, in accordance with the provisions of the foregoing article, is to take cognizance of the question, so that he may order what he deems proper.

In the case of the second paragraph of article 219, the judge who is to pass upon the challenge shall require the parties to appear at a day and hour fixed within the next six days. He shall hear the parties at the time of said appearance, and shall at the same time receive the evidence they may submit with regard to the cause for the challenge, when the question is a question of fact.

ART. 222. Upon the admission of the evidence, or when the same is not necessary because the question is one of law, the municipal judge substituting the one challenged shall decide, allowing or disallowing the challenge, at the same proceeding, if possible, in which case his decision shall be entered in the record to be made thereof.

Otherwise he must render his decision within two days, which shall be written immediately after the record.

ART. 223. There shall be no remedy whatsoever against a decision allowing a challenge."

From the decision disallowing a challenge an appeal lies to the judge of first instance of the judicial district in which the court of the municipal judge challenged is situated.

ART. 224. Said appeal shall be interposed verbally at the time of the appearance, when the substitute judge renders a decision therein disallowing the challenge.

If he should make use of his privilege to defer the decision until the second day, the appeal shall be interposed at the time of said decision or within the following twenty-four hours. In such cases the appeal shall also be interposed verbally before the secretary of the court, an entry thereof being made.

ART. 225. If no appeal should be taken within the period fixed in the foregoing article, the decision shall become final.

If an appeal should be taken in time, the record shall be transmitted without delay to the court of first instance, at the cost of the appellant, and the parties shall be cited to appear.

ART. 226. As soon as the record has been received by the court of first instance, the day for the hearing shall be immediately set, and shall be within the eight days following, the parties being notified thereof if they shall have appeared, or when they do appear.

The judge shall hear the parties or any of them appearing at the hearing, and on the same day, and if that be not possible, then within the two days following, he shall render his decision thereon in writing.

There shall be no remedy whatsoever against this decision.

ART. 227. If the decision be in the affirmative, the costs shall be taxed against the appellant.

See in Appendix Cuban order No. 242 of July 18, 1900, amending this article.

ART. 228. If the challenge be disallowed, the costs shall be taxed against the challenging party, and a fine of from 65 to 125 pesetas, shall in addition be imposed upon him with regard to which the provisions of article 213 shall be applicable."

ART. 229. When the challenge is allowed by a final judgment, and upon the return of the record with a certificate of the decision to the municipal court from which the appeal was taken, the subsequent proceedings in the action shall be had before the municipal judge or before the substitute who shall have heard the challenge, in accordance with article 220.

If the challenge be disallowed also by final judgment, the judge challenged shall again proceed with the action.

ART. 230. If the challenge of the municipal judge or of his substitute should occur at a proceeding to avoid litigation (acto de conciliación) said proceedings shall be considered as attempted without further action, as prescribed in article 463.

If the municipal judge, without being challenged, should voluntarily abstain from proceeding in the case on account of the attendance of any of the causes mentioned in article 189, his ordinary substitute shall continue the hearing of the proceeding to avoid litigation.

ART. 231. When a municipal judge is challenged in proceedings which he is hearing by delegation of the judge of first instance, the challenge shall be interposed before the latter in writing, in the manner prescribed in article 194.

The judge of first instance shall forward the written challenge to the municipal judge challenged in order that he may suspend the proceedings and immediately report as to whether or not the cause of challenge is true; and the former shall hear and determine the issue in accordance with the procedure established in Section II of this title.

ART. 232. In the case of the foregoing article, if any injury is liable to be caused by the suspension of the proceedings, the judge of first instance shall take the action necessary at the request of a party; and if that be not possible, he shall transfer the matter to another municipal judge, or to the substitute of the one challenged.

ART. 233. If a municipal judge should abstain from proceeding in a matte which may have been intrusted to him by a judge of first instance, by reason of the attendance of some of the legal causes for challenge, he shall so state at the end of the communication of the judge of first instance and shall return it to the latter, who, if he shall consider that the cause alleged is proper, may give the same commission, without further proceedings to the substitute of the former or to another municipal judge.

SECTION IV.-CHALLENGE OF SUBORDINATE OFFICIALS OF SUPERIOR AND INFERIOR

COURTS.

ART. 234. The provisions of articles 194 et seq., of Section II of this title, shall be applicable to the challenge of relators, secretar

See in Appendix Cuban order No. 242 of July 18, 1900, amending this article. See order above mentioned, in appendix.

See note to article 102. For a description of the duties of relators see Book II. title 22, of the Recopilación de Indias.