counted from the day on which, after their publication, said law goes into operation.

If said actions are filed, the pending instance shall be considered as legally extinguished without the necessity of a special declaration, unless the prosecution thereof is proceeded with within the period aforementioned.

TITLE XI. TAXATION OF COSTS.

ART. 420. When there is an adjudication of costs, as soon as it becomes final, payment shall be enforced by compulsory process, after their taxation, if the party adjudged to pay the same should not have done so before the opposite party requests said taxation."

ART. 421. The taxation of costs shall be made in the superior and inferior courts by the clerk of the chamber or recording clerk who may have taken part in the action, including therein all the costs comprised in the adjudication, and incurred up to the time of the taxation.

In the superior or inferior courts having assessors of costs by virtue of an alienable office, and until said offices revert to the State, said assessors shall make the taxation in accordance with the provisions of this law.

ART. 422. Fees appertaining to officials subject to schedules, shall be regulated according thereto.

The fees of attorneys, experts, and other officials not subject to a schedule, shall be fixed by the persons interested in a detailed and signed statement, which they shall personally present at the clerk's office, without the necessity of a letter of transmittal, or through the solicitor of the party whom they defended, after the judgment or ruling in which said costs were imposed becomes final. The recording clerk shall include in the taxation the amount appearing in the

statement.

ART. 423. Fees for instruments, proceedings, or other acts which are useless, superfluous, or not authorized by law, and the items of statements which are not mentioned in detail, or which relate to fees not incurred in the action, shall not be included in the taxation of costs.

The costs of the second instance can not be taxed against a litigant who obtained a favorable judgment at first instance, and is forced to appear before the higher court by reason of the appeal taken by the opposite party.—Decision of April 14, 1882.

The costs can in no case be taxed against the respondent.-Decision of April 25, 1887.

The adjudging court is to consider the good or bad faith of the litigants, for the purpose of taxing the costs at first instance. Decisions of April 14, 1882, October 25 and December 15, 1883, May 21, 1884, May 20 and December 16, 1885, March 31 and May 22, 1886.

After the adjudication upon costs, they shall be recovered by compulsory process, without permitting foreign questions to be raised, which must be decided in a separate proceeding.-Decision of January 17, 1883.

When the plaintiff is granted part of what he desires, the rest being denied him, he may be adjudged to pay the costs.-Decision of February 13, 1886. When the decision of the lower court is affirmed in all its points, the appellant is obliged to pay the costs.-Decision of September 30, 1886.

The costs of the second instance can not be imposed in any case upon the respondent who has appeared to support the judgment he obtained in the lower court. Decision of April 25, 1887.

Neither shall there be included in said taxation the costs of proceedings or of issues which had been expressly adjudicated against the party who obtained the final judgment, such costs being at all times on account of said party.

ART. 424. After the taxation of costs has been made and presented, no other entry shall be included or added thereto, the person interested reserving the right to demand payment therefor, if he should so desire, of the person and in the manner he may see fit.

ART. 425. The taxation of costs shall be submitted to each of the parties for examination, for a period of three days, the party who has been adjudged to pay the same making the first examination.

ART. 426. If the fees of the attorneys should be objected to as being excessive, the attorney against whom the complaint is directed shall be heard for a period of two days, and the record shall then be transmitted to the association of attorneys, and where there is none, to two attorneys appointed by the judge or chamber, for a report thereon. Should there not be two attorneys at the place where the action was heard, or all of them should be interested in the question, the data shall be transmitted to the nearest association or college of attorneys. through the proper judge of first instance.

The same action shall be taken when fees of experts or other officials not subject to a schedule are objected to; in such case, the report of the academy, college, or guild to which they belong shall be heard, and if there be none, that of two persons of the same profession. Should there not be any in the place, the neighboring places may be resorted to.

ART. 427. The chamber or the judge in a proper case, in view of the statements of the parties or persons interested and the reports received with regard to the fees, shall approve the taxation or shall order the changes made therein which they may consider just and at the cost of the proper party, without further remedy."

ART. 428. When the taxation of costs is objected to, because fees or charges have been included therein, the payment of which does not appertain to the person adjudged to pay the costs, said objection shall be heard and decided according to the procedure and with the remedies prescribed for incidental issues.

TITLE XII.-DISTRIBUTION OF BUSINESS.

ART. 429. All civil matters, whether of contentious or voluntary jurisdiction, shall be distributed among the courts of first instance when there is more than one in the town, and in all cases among the different clerks' offices of each court.

ART. 430. Judges of first instance shall not permit that any matter be proceeded with, unless a memorandum of distribution appears

thereon.

In the case said memorandum does not appear, he can not issue any other order but one requiring that the matter be submitted for distribution.

a See article 858 of the organic law.

After the taxation of costs has been approved there is no further remedy.Decision of April 30, 1866.

ART. 431. Notwithstanding the provisions contained in the foregoing articles, the first proceedings in cautionary attachments, redemptions, summary proceedings to prevent the construction of a new work or the demolition or strengthening of a construction, building, or tree about to collapse or fall, the custody of persons, and in all other matters which, in the judgment of the judge, are of so peremptory and urgent a character that a delay thereof would give a reasonable motive to fear that irreparable injury would be caused to the persons interested, may be made and carried into effect by any of the judges or clerks of whom the same is requested.

In such cases, as soon as the urgent action has been taken, the matter shall be submitted for distribution without a delay of more than three days.

ART. 432. With the exception of the cases mentioned in the foregoing article, the judges issuing orders in a matter which has not as yet been distributed shall be disciplinarily corrected, according to the provisions of the following title.

ART. 433. Any distributer or clerk of the court who distributes any matter to a court or clerk's office other than the one to which it rightfully belongs, shall incur a fine of not less than 65 nor more than 375 pesetas, without prejudice to the criminal liability which may be proper.

ART. 434. A clerk who acts in a matter subject to distribution without it having been assigned to him, shall incur a fine of double the fees he may have earned thereby.

ART. 435. Verbal actions, actions of unlawful detainer, and other matters over which municipal judges have jurisdiction, are not subject to distribution.

Where there are two or more, each shall take cognizance of those appertaining to his district, in accordance with the rules established in articles 62 and 63, with an appeal to the court of first instance of the same district in which they shall be distributed among its clerk's offices."

a Retracto: The right which by law, custom, or agreement a person has to annul a sale and himself take the thing sold to another for the same price.Esriche, Diccionario de Legislación y Jurisprudencia.

The provisions of this article have been supplemented by the royal order of September 20, 1891, the text of which is as follows:

1. In towns in which there are two or more municipal judges, each shall take cognizance of the matters appertaining to his district, in accordance with the provisions of article 435 of the law of civil procedure, and subject to the rules of competency established in articles 62, 63, and 1560, without the parties being permitted to submit either in an implied or express manner to one of them to the exclusion of the other.

2. Municipal judges shall not proceed with any matter, the cognizance of which pertains to another district, and shall not issue any order therein except one transmitting the papers or petitions to the competent court.

Letters rogatory shall be executed by the judges in whose districts the proceedings referred to in the commission are to be fulfilled.

3. Judges of first instance, in taking cognizance of appeals, and chambers of justice in deciding questions of competency, shall, in a proper case, impose the disciplinary corrections established in the Law of Civil Procedure upon the secretary of the municipal court, who should not have entered in a statement the circumstances determining the competency, or upon the municipal judge if, said circumstances having been entered, he shall not duly consider them.

4. In every municipal court of a town in which there are two or more of said courts, there shall be kept a register of all oral actions and proceedings to avoid

TITLE XIII.-DISCIPLINARY CORRECTIONS.

ART. 436. Municipal judges and judges of first instance, and the chambers of justice of the audiencias and of the supreme court, shall have the power to disciplinarily correct

1. Private individuals who do not observe the proper order and respect in judicial proceedings.

2. Officials who take part in actions for the offences they may commit.

ART. 437. Whosoever shall interrupt a hearing of an action, or any other formal judicial proceeding, by manifesting ostensible signs of disapproval or of approval, showing a lack of the proper respect and consideration due inferior or superior courts, or by disturbing order in any manner whatsoever, without his action constituting a crime (delito), shall be at once admonished by the presiding judge, and expelled from the court room if he should not obey the first admoni

tion.

ART. 438. Whosoever shall refuse to comply with the order of expulsion, shall be arrested and punished, without further remedy, by a fine of not more than 50 pesetas in municipal courts, of 100 in courts. of first instance, and of 150 in audiencias, and shall not be released from arrest until he has paid his fine, or has been imprisoned the number of days necessary to satisfy the fine at the rate of 15 pesetas per day.

ART. 439. Witnesses, experts. or any others who, as parties or representing them, should show a lack of the consideration, respect, and obedience due the courts at formal judicial hearings and proceedings, either by words, actions, or in writing, shall be punished in the manner stated in the foregoing article when their offense does not constitute a crime.

The attorneys and solicitors of the parties are not included in these provisions, to whom the prescriptions of articles 442 et seq. shall apply.

ART. 440. When the acts referred to in the two foregoing articles should constitute a crime or misdemeanor, the parties committing the same shall be placed under arrest and the proper preliminary proceedings instituted, and the persons under arrest shall be placed at the disposal of the court which is to take cognizance of the case.

ART. 441. All judicial acts performed under intimidation or force shall be null.

Judges and chambers who shall have acted under intimidation or force, as soon as they are freed therefrom, shall declare all the pro

litigation which may be held, in which there shall be entered the date of the proceedings or act, the purpose thereof, the names of the plaintiff and of the appellant, their domiciles, the street, place, or location of the estate, when the action involves a real action, and any other data which may be necessary to determine the competency.

5. For the purposes of said register, municipal judges shall furnish a daily report to the presiding judge of the territorial audiencia of the oral actions and proceedings to avoid litigation (actos de conciliación) which may have been had. stating the details referred to in the foregoing number and the result of each proceeding or action.

6. The presiding judges of the audiencias shall observe the greatest care to secure a proper fulfillment of the foregoing provisions, utilizing for this purpose the powers granted them by the organic law of the judicial service.

ceedings so performed null, and shall, at the same time, institute an action against the guilty parties.

ART. 442. Attorneys and solicitors shall be disciplinarily corrected— 1. When they willfully disobey the provisions of this law in their instruments and petitions.

2. When in the exercise of their profession, they show a lack of the respect due the superior and inferior courts, verbally, in writing, or by actions.

3. When, in the defense of their clients, they show an unnecessary or serious discourtesy to their colleagues.

4. When, upon being called to order in their oral arguments, they do not obey the presiding judge of the court.

ART. 443. Notwithstanding the provisions contained in the foregoing article, solicitors and attorneys, when called to order, may, after requesting and obtaining the consent of the judge or person presiding at the proceedings, explain the words they may have used, and show the sense or intention in which they were used, or fully satisfy the superior or inferior court.

ART. 444. The assistants of superior or inferior courts shall also be disciplinarily corrected for the faults which they may commit or the omissions they may incur with regard to their duties in judicial proceedings.

The same provisions shall apply to the subordinate officials of superior or inferior courts, for the offenses they may commit in the fulfillment of the judicial mandates entrusted to them.

ART. 445. The punishment of attorneys, solicitors, assistants, and subordinate officials for the offenses above mentioned, shall always be imposed by the court or chamber of justice in which are pending the proceedings, in which said penalties were imposed, or where the oral defense is presented in which the former have committed the transgression.

If they shall commit other offenses which deserve punishment, it shall be administratively imposed according to the provisions of laws, ordinances, or regulations.

ART. 446. The chambers of justice of the supreme court may disciplinarily correct those of the audiencias and inferior judges for the offenses they may have committed in the proceedings of which the former take cognizance, by virtue of appeals for annulment of judgment, or on complaint, or to decide questions of competency.

The civil chambers of audiencias shall have the same power with regard to judges of first instance, and the latter over the municipal judges who are subordinate to them, when, by virtue of an appeal or other remedy, they take cognizance of the proceedings in which the offense was committed.

ART. 447. Neither judges nor chambers of justice can disciplinarily correct the officials of the department of public prosecution for offenses which they may commit in the judicial proceedings in which they must take part.

In such cases they shall confine themselves to informing their hierarchical superior of the offense committed, in order that he may impose the correction which he may deem proper.

ART. 448. The disciplinary corrections which may be imposed upon the officials mentioned in articles 442 et seq. shall be

1. Admonition.