2. Warning or advice.

3. Reprehension.

4. A fine not to exceed 250 pesetas when imposed by municipal judges, 500 when imposed by judges of first instance, 750 when imposed by audiencias, and 1,250 when imposed by the supreme court.

5. Partial or total retention of the fees or of the charges pertaining to the instruments or acts in which the offense was committed.

6. Suspension from the exercise of the profession or employment with the deprivation of salary and emoluments, which can not exceed three months, but may be extended to six months if a second offense be committed. During the suspension the salary and emoluments of the person punished shall belong to the person discharging his duties. ART. 449. The imposition of the costs upon the aforementioned officials shall also be considered as a disciplinary correction, in the cases in which it is authorized by law.

ART. 450. The disciplinary correction shall be imposed eo instanti, in view of what may appear from the record relating to the offence committed, and, in a proper case, from the contents of the instruments or certificate which may have been made by the recording clerk, by order of the presiding judge, at the time the offence was committed, of the acts which are considered to deserve correction as well as of the explanations made by the person interested.

ART. 451. Against an order imposing any of the corrections above mentioned, the party involved may be heard in justification, if he should so request, within the five days following the day he was notified or when he received official notice thereof.

ART. 452. The hearing in justification shall take place in the chamber or court where the correction was imposed, according to the procedure prescribed for issues, and without the necessity of the services of a solicitor or attorney.

If, for the purposes of said hearing, the record showing the imposition of said correction should not be concluded, a separate record shall be prepared containing the statements which the judge or chamber may deem proper.

In municipal courts the matter shall be heard and decided in an

oral trial."

ART. 453. These issues shall be heard with the attendance of a representative of the department of public prosecution, and only when the correction consists in the imposition of costs shall the litigants interested therein be parties thereto, if they should request it.

ART. 454. The correction may be affirmed, increased, reduced, or vacated in the decision of these issues.

ART. 455. From the decisions rendered by municipal judges, the only appeal shall be to the judge of first instance of the judicial district.

From the decisions rendered by the latter in first instance, the only appeal shall be to the civil chamber of the proper audiencia.

Against those rendered by chambers of justice of audiencias or of the supreme court, there shall be no remedy whatsoever.

• The administrative proceedings instituted for the imposition of disciplinary corrections upon officials of the judiciary or upon their assistants, shall be drafted on official paper in accordance with article 43 of the law, without prejudice to reimbursement in a proper case, in accordance with article 49 of the same.-Royal order of December 24, 1884.

ART. 456. The department of public prosecution shall see that the provisions of this law are duly complied with, for which purpose, in causes and other judicial matters in which it takes part, if any offence is noted which should be corrected, the public prosecutor shall recommend what he may deem proper to the judge or court.

ART. 457. The department of public prosecution shall be informed of any disciplinary correction imposed upon officials of the judiciary (excepting that mentioned in subdivision 1 of article 448) as soon as the decision is final, attaching thereto a certified copy of the same drafted on official stamped paper.

Those imposed upon assistants of superior or inferior courts shall be entered in a register, which shall be kept in the office of the secretary of the same.

Those imposed upon attorneys or solicitors shall be communicated to the dean of the college or association to which they belong for the proper record and other purposes. Where these corporations do not exist they shall be entered in the register of the superior or inferior

court.

ART. 458. The provisions of this title shall be understood without prejudice to other prescriptions of this law, for the special eases to which they refer.

Book II.-CONTENTIOUS JURISDICTION.

TITLE I.-PROCEEDINGS TO AVOID LITIGATION.

ART. 459. Before instituting a declaratory action a conciliation must be attempted before the competent municipal judge.

The following are excepted:

1. Oral actions.

2. Declaratory actions which are brought as an issue or consequence of another action, or proceedings of voluntary jurisdiction.

3. Actions in which the public treasury, muncipalities, charitable institutions, and, in general, civil corporations of a public character, are plaintiffs or defendants.

4. Actions in which minors or incapacitated persons are interested, for the free administration of their property.

5. Actions brought against unknown or uncertain persons, or against absentees who have no known residence, or who reside outside of the territory of the court before which the action is to be brought. In the last case, if the litigants should reside in the same town, a conciliation must be attempted.

6. Declaratory actions instituted to annul or to demand the fulfillment of agreements made in proceedings to secure a conciliation. 7. Actions against the civil liability of judges and associate justices. 8. Actions before arbitrators and friendly compromisers, proceedings to secure the settlement of estates, executory actions, actions of unlawful detainer, summary proceedings relating to property, and for temporary maintenance."

a See note to article 155.

With regard to actions brought against the State, and against public corporations, although proceedings to secure a conciliation are not required, there must be stated in a certificate, authenticated in due form, that the administrative remedies and other means to reach an agreement have been used, as prescribed by royal order of June 9, 1847; the law of February 20, 1850; royal decree of September 20, 1851; article 173 of the instructions of May 31, 1855; the decree laws of July 9, 1869, and August 26, 1874; and the royal orders of January 11, 1877, and March 23, 1886.

Nevertheless, the absence of administrative proceedings, a requisite similar to the proceedings to secure a conciliation, is not a motive to raise questions of competency on the part of the administrative authorities, but a cause for annulment which must be considered by the court taking cognizance of the cause.Decision of the Council of State of February 9 and May 13, 1864, and others. At the present time the absence of an administrative claim before the judicial proceedings, constitutes the dilatory exception of number 7, article 532 of this law.

The fact of proceedings to secure a conciliation not having been attempted does not constitute a basis to take an appeal for annulment of judgment.— Decision of April 3, 1865.

A person not taking part in proceedings to effect a conciliation is not bound thereby and may demand its annulment.-Decision of July 1, 1870.

With regard to these proceedings in suits for divorce, see the decree of November 23, 1872, and of the regency of February 9, 1875.

ART. 460. Proceedings to secure a conciliation shall not be necessary for the interposition of actions of tanteo or retracto (redemption), or any other action which is urgent and peremptory in its nature. But if litigation is to be resorted to, the proceedings to secure a conciliation shall be required or a certificate to the effect that a conciliation was attempted without effect.

ART. 461. The judge shall not admit a complaint not accompanied by a certificate of the proceedings to effect a conciliation, or that one was atempted without result, in cases in which it is required by law. Nevertheless, proceedings had without this requisite shall be valid and proper, reserving the liability which the judge may have incurred; but said proceedings to secure a conciliation shall take place at any stage of the action in which the absence thereof is noted."

ART. 462. The municipal judges of the domicile, and, in their absence, those of the residence of the defendant, shall be the only ones competent in proceedings to effect a conciliation instituted before them, in cases in which, according to law, they must be held.

In towns having more than one municipal judge, the one of the district of the place of residence of the defendant shall be of competent jurisdiction.

ART. 463. If a question is raised as to the competency of the municipal judge before whom the proceedings to avoid litigation are instituted, or if said judge is challenged, the appearance of the parties. shall be considered as an attempt to secure a conciliation, without further proceedings, and the plaintiff may institute the proper action showing a certificate to this effect.

ART. 464. For the purposes of the proceedings to effect a conciliation, the party in interest shall appear before the municipal judge and present as many copies of the complaint signed by him, or by a witness, at his request, should he not be able to sign, as there may be defendants, and one more, in which shall be stated:

The names, profession, and domicile of the plaintiff and defendant. The cause of action.

And the date on which said complaint is presented to the court. ART. 465. The municipal judge shall, on the day the complaint is filed, or on the next working day, cite the parties to appear on a day and hour designated by him, within the shortest period of time possible.

Twenty-four hours at least must intervene between the summons and the appearance, which period may, nevertheless, be reduced by the judge if there be good cause there for.

a Tanteo y retracto: The right which certain persons have to acquire for themselves a thing purchased by another, rescinding the sale already made. The fundamental basis of the retracto is, like the tanteo, the right to acquire, in preference to a third person, a thing sold or given in payment to another; but in the tanteo this right of preference must be exercised before the consummation of the contract, while by means of the retracto, the assignment of the estate made to the purchaser is annulled, and the person in whose favor this is effected is substituted for the purchaser or assignee. Thus the tantco takes place before the sale, and the retracto after it has been consummated.

If a complaint is made without a certificate to the effect that a conciliation was attempted, this lack alone produces the effects of this article.-Decision of April 17, 1868.

This article is applicable exclusively to proceedings to secure a conciliation. Decision of June 3, 1869.

In no case can the period exceed eight days from the date of the presentation of the complaint."

ART. 466. The secretary of the court, or the person whom the latter may designate, shall serve the summons upon the defendant or defendants, in accordance with the provisions of articles 262 and 263 of this law relating to notifications of all kinds; but instead of the copy of the order, one of the copies of the complaint presented by the plaintiff shall be delivered to him, upon which the secretary shall make a memorandum of the name of the municipal judge ordering the summons, and of the day, hour, and place for the appearance. Upon the original complaint, which shall afterwards be filed in the archives, the person summoned shall sign a receipt for the copy, or a witness shall do so at his request, if he is unable to sign.

ART. 467. Persons absent from the place where said conciliation is requested, shall be summoned by means of a communication addressed to the municipal judge of the place where they are residing.

A copy or copies of the complaint shall be attached to the communication to be delivered to the defendant.

The municipal judge of the place of residence of the defendants shall see, under his liability, that the citation is made in the manner prescribed in the foregoing articles, on the first working day after the day of the receipt of said communication, and he shall return the same, duly endorsed, on the same day of the summons, or the next day at the latest. This communication shall be filed in the archives with the copies of the complaints mentioned in the foregoing article.

ART. 468. The plaintiffs and the defendants are obliged to appear on the day and hour fixed. If any of them should not appear, and should not show good cause for not attending, the proceedings to secure a conciliation shall be considered as attempted without result, the costs being taxed against the person in default.

ART. 469. The plaintiffs as well as the defendants shall appear accompanied by an hombre bueno.

Hombres buenos in proceedings for conciliation must be Spaniards who are in the full enjoyment of all their civil rights.

ART. 470. The proceedings to secure a conciliation shall be held in the following manner:

The plaintiff shall commence by stating his claims and indicating the grounds upon which the same are founded.

The defendant shall answer whatever he may consider proper, and may also exhibit any document upon which he bases his exceptions. After the answer, the persons interested may reply and rejoin, if they so desire.

If there should be no agreement, the hombres buenos and the municipal judge shall attempt to secure an agreement. If they should be unsuccessful the proceedings shall be considered as closed.

ART. 471. A succinct record of the proceedings to secure a conciliation shall be drafted in a book which shall be kept by the secretary of the court. This record shall be signed by all the persons present, and by a witness for those who should not be able to sign, at their request.

a An extension for the purpose of answering the complaint can not be granted in these proceedings. -Decision of January 14, 1869.

See note to article 11.