lowing the service of a summons, citation, or notification, and the last day of said period shall be counted."

ART. 304. In no period of time designated by days, shall days be counted upon which judicial proceedings can not be taken.

Neither shall the days of the summer recess be counted in the period of time within which to take an appeal to the suppreme court for annulment of judgment for breach of law, unless actions of unlawful detainer are in question, or proceedings of voluntary jurisdiction, or any other urgent matters which may be decided in the vacations chamber (sala de vacaciones).

ART. 305. Periods of time designated by months shall be counted by natural months, without excluding illegal working days.

In such cases, if the period should terminate on a Sunday or other holiday, it shall be understood as extended to the following legal working day.

ART. 306. Periods of time, the extension of which is not expressly forbidden by this law, may be extended.

In order to grant an extension it is necessary—

1. That it be requested before the expiration of the period.

2. That good cause be shown therefor, to the satisfaction of the judge or court, without there being any remedy against his decision on the subject.

ART. 307. Not more than one extension can be demanded or granted; said extension may be granted for the period of time which the judge or court may consider reasonable, but in no case shall it exceed onehalf that fixed by law for the term extended.

ART. 308. After the extendible periods, or the extension granted at a proper time, has elapsed, if the records be in the clerk's office, the provisions contained in article 520 shall be observed.

If the records should be in the possession of any of the parties, as soon as they are requested by the opposite party, the former shall be ordered to return them within twenty-four hours, under a penalty of no less than 25 nor more than 65 pesetas for every day upon which he shall fail to so return them. This fine shall be imposed personally upon the solicitor, if one should take part in the case, unless he shall prove his blamelessness.

If three days should elapse without the records being returned, the clerk shall, under his liability and without requiring a new order, proceed to recover them of the person in whose possession they may be; and if they should not at once be delivered to him upon demand, he shall inform the judge or court, so that an order may be issued for such proceedings to be instituted as are proper for concealment of process.

ART. 309. More than one writ for compulsory process shall not be allowed. The costs thereof and of the other proceedings until the

These days are and must be understood as natural days, including the twenty-four hours from midnight to midnight, so that on the day of the expiration of a period instruments may be filed until twelve o'clock midnight.Decision of December 12, 1861.

For the purpose of taking an appeal for annulment of judgment the days of the summer recess are counted in proceedings of voluntary jurisdiction.Decision of November 11, 1889.

Periods which can be extended which elapse before an extension has been applied for, become final.-Decision of December 10, 1864.

return of the records, shall in every case be on the account of the person against whom said process is issued.

ART. 310. The periods fixed for the following can not be extended: 1. For appearance in an action.

2. For the taking of dilatory exceptions.

3. For motions for a rehearing, appeals or petitions for modification or revocation of judgment (recurso de súplica), and for the preparation and interposition of the remedy of complaint against the . refusal to allow an appeal.

4. To request the elucidation of some judgment, or to supply an omission therein.

5. For an appellant to appear before the superior court in obedience to the summons served in consequence of the admission of an appeal. 6. To appear before the superior court with the proper proof, for the purpose of enlarging an appeal allowed for a review of the proceedings (en un efecto).

7. To request a certificate of judgment for the purpose of taking an appeal for annulment of judgment, for breach of law or of legal doctrine, and to prepare it for presentation before the Supreme Court.

8. To take an appeal for annulment of judgment for breach of form.

9. To appear before the Supreme Court in consequence of the allowance of the appeal for annulment of judgment, or for interposing the remedy of complaint against the order by which the granting of a certificate of the judgment is denied, or the appeal disallowed.

10. In any other matter with regard to which there may be a clear and express declaration, to the effect that after a certain time has elapsed, no action, exception, remedy, or rights upon which the same are based, be litigated.

ART. 311. Periods of time which can not be extended, can not be suspended nor reopened by restoration or otherwise, after the expiration thereof.

Said periods of time can only be suspended during their course by reason of force majeure which prevents their utilization."

ART. 312. After periods of time which cannot be extended have elapsed, the proceeding or remedy which could have been advanced, shall be considered as lapsed and forfeited by law, without the neces sity of compulsory process nor of entry of default, except in the case referred to in number 1 of article 310.

a If an action is brought against a municipality, and if the mayor is cited and summoned and should not enter an appearance, and a judgment is rendered in his absence and default, against the municipality, the latter has the benefit of restitution in integrum, the defence having been abandoned without article 311 of the law of civil procedure being opposed thereto.-Decision of June 11, 1883. Restitution in integrum for damages caused to minors is not of those included in this article.-Decisions of January 31, 1882, and June 2, 1886.

The law of civil procedure does not establish any differences between colitigants, because the periods of time within which to appeal from orders, etc., can not be extended for any reason whatsoever, and can not be suspended after their termination by way of restitution nor for any other reason. The department of public prosecution is subject to the provisions of said articles.-Decision of May 21, 1870.

Restitution in integrum is not recognized in the Civil Code. and 1301.)

(See articles 1299

No petition or claim of any kind shall be admitted which conflicts with this provision, and if it should become necessary to recover the record in order to properly continue the proceedings, the procedure established in article 308 shall be followed.

TITLE VII.-DISPATCH, HEARING, VOTING UPON AND DECISION OF JUDICIAL MATTERS.

SECTION I.-ORDINARY DISPATCH AND HEARING.

ART. 313. Proceedings for the taking of evidence and the hearing of actions and other judicial matters, shall be held in open court. The ordinary dispatch of business shall also be publicly performed when requested by one of the parties.

ART. 314. Notwithstanding the provisions contained in the foregoing article, judges and courts may order, at their own instance or at the instance of a party, that the dispatch and hearing of matters be had behind closed doors, when so required by good order or good morals.

If this action is to be taken at the beginning of the hearing, after hearing the parties briefly thereupon, the court shall immediately decide what it may deem proper.

There shall be no remedy whatsoever against a decision on this point. ART. 315. Secretaries and clerks shall, in the ordinary dispatch of business, make a verbal report on the same day on which instruments are presented or the decisions rendered, and should this not be possible, on the day following.

ART. 316. Orders for proceeding in a matter shall be issued at the time a report is made thereon, or within the two days following, at the utmost.

In audiencias, only in cases where a decision has to contain a statement of the reason for its rendition, or when there is necessity of examining data for the purpose of rendering it, can the respective chamber order that a report be made thereon by a relator.

ART. 317. Chambers shall meet with at least three and not more than five justices for the ordinary dispatch of business and for the decision of incidental issues. An agreement can only be reached by an absolute majority of votes.

ART. 318. Judges of first instance shall personally examine the causes and proceedings, before rendering decisions and rulings.

In an audiencia a report shall be made by the clerk of the chamber or by the relator, in a proper case, who shall prepare the proper brief when prescribed by law.

ART. 319. The relator shall state, at the end of the brief, under his personal liability, whether or not in the previous proceedings the prescriptions of this law with regard to periods of time and continuances, compulsory process, recovery of the record, and others relating to the order and form of procedure, have been observed, as well as whether or not unnecessary or unauthorized acts have been performed, and shall make a note of all defects or omissions which may appear, or state, otherwise, that the legal prescriptions have been observed in the procedure in the cause.

ART. 320. The relator shall make the briefs, strictly observing the regular order in which they were ordered made. They shall only give preference to the matters mentioned in the following article.

ART. 321. Hearings of actions and incidental issues shall be set in the order in which they are at issue, and without the necessity of a request of the parties there for.

From the foregoing are excepted proceedings for temporary maintenance, questions of competency, proceedings for consolidation, challenges, matters of unlawful detainer, summary proceedings relating to property, proceedings for the custody of persons, actions of lesser import and executory actions, denials of justice or of proof, and other matters which, by provision of law or by an order of the chamber, are to be preferred for very special reasons, and the hearing of which, after they are at issue, shall be set ahead of other matters which may be unset at the time.

It shall be the duty of the presiding judge of the chamber to set matters for hearing.

ART. 322. All actions shall be heard on the day set therefor.

If at the end of the hours set for hearing some matter, it should not be concluded, it may be suspended and continued to the following day or days, unless the presiding judge shall extend the time there for. ART. 323. The hearing of an action on the day set therefor can only be suspended in the following cases:

1. When the continuation of another cause from the preceding day shall prevent it.

2. On account of there not being a sufficient number of justices to render judgment.

3. On account of the death or cessation in the action of the solicitor of any of the parties.

4. By reason of the death of any of the litigants.

5. When a unanimous request is made therefor by the solicitors of the parties, alleging good cause in the judgment of the court.

6. On account of the illness of the attorney of the party requesting the suspension sufficiently proven to the satisfaction of the chamber, provided that said request be made 48 hours previous to that set for the hearing, unless the illness should have occurred after this period. 7. On account of the death of the spouse, or of any of the ascendants or descendants of an attorney in the action, occurring before the nine days prior to that set for the hearing.

8. When an attorney in the action is required to attend two hearings on the same day before different courts, which fact shall be properly proven, in which case the superior court shall have preference

over the inferior one.

ART. 324. In the case of a suspension of a hearing, another day shall be set as soon as the reason for the suspension shall have disappeared, without altering the order of hearings already set.

ART. 325. For the hearings of causes or incidental issues, the chambers shall meet with the number of justices necessary to render judgment in the matter involved.

ART. 326. When it shall become necessary to make up the number of justices of a chamber, with justices from another, or with substitutes, before the commencement of the hearing the names of those designated shall be communicated to the solicitors of the parties, and

the hearing shall at once be proceeded with, unless any of the justices shall at that time be challenged, even though verbally.

In such case the hearing shall be suspended, and the challenge being reduced to writing and presented before the third day, this issue shall be heard and determined in the manner prescribed.

If the challenge should not be presented within said period, it shall not be admitted, and the challenging party shall be fined the amount prescribed in article 212, and shall be taxed the costs of the suspension, a new day being set for the hearing of the cause as soon as possible.

ART. 327. In the case of the first paragraph of the foregoing article, if the hearing shall have been had on account of no challenge having been interposed, the voting for judgment shall be suspended for three days. The substitute justices may be challenged during this period, and after said period has elapsed, without a challenge having been interposed, the time for the rendition of judgment shall immediately commence to run.

ART. 328. If the challenge should be interposed within said period, and allowed, the hearing shall be vacated and it shall be had anew before competent justices, at the earliest day which can be set.

If the challenge be disallowed, the justices who attended the hearing shall render judgment, the period within which to render it beginning on the day following the decision upon the challenge.

ART. 329. If, after the beginning of the hearing of a cause, one or more of the justices shall fall ill or become otherwise unable to continue attending the same, and there should be no probability that the said justice or justices will be able to attend within a few days, a new hearing shall be had, the number of justices being filled from among those who should substitute those disabled.

If, notwithstanding the disability of one or more justices, a sufficient number shall remain to render judgment, a suspension shall not be necessary, nor a new hearing, in a proper case.

ART. 330. Hearings shall begin with the reading of the brief made by the relator; and in cases in which no brief has been made, with a succinct statement made by the said relator, or by the recording clerk of the chamber, of all matters tending to furnish information on the question at issue, when the law does not provide otherwise, after which the attorneys for the parties appearing thereat shall present their arguments in their order.

The latter may make a second argument, with the consent of the presiding judge, for the purpose of correcting facts or statements. The hearing shall be considered as ended when the presiding judge pronounces the word "heard."

ART. 331. Parties to the action may, with the consent of the presiding judge, verbally state what they may deem proper for their defense at the conclusion of the hearing and before it is declared closed, or when any petition is presented on their behalf.

The presiding judge shall allow them to speak, as long as they confine themselves to the questions at issue and observe the proper respect. ART. 332. The presiding judge shall call to order any attorney who clearly strays from the question at issue in his argument, or who loses time with impertinent and unnecessary arguments; and if he shall persist therein after having been admonished twice, permission to speak may be withdrawn from him.