ART. 828. These compromises produce all the legal effects of other obligations, and may be invalidated for the same reasons."

ART. 829. The parties are obliged to perform all that may be necessary in order to carry out the stipulations of the compromise. The party not doing so must pay to the other the losses and damages thereby caused.

The question of such damages shall be heard before the judge of first instance, and shall be determined according to the procedure established for incidental issues.

ART. 830. Amicable compounders can not be challenged except for causes arising subsequently to the compromise, or unknown at the time of its execution.

The following only shall be considered as legal causes for such challenge:

1. Interest in the subject which is the object of the action. 2. Manifest enmity toward any of the parties.

ART. 831. The challenge must be interposed before the amicable compounders themselves. Should it not be admitted by them, it shall be heard in the manner prescribed in article 798 with regard to arbitrators.

ART. 832. Amicable compounders shall decide the questions submitted to their decision according to their knowledge and belief without being subject to legal forms.

Their duties are limited to the receiving of the documents presented by the interested parties, hearing said parties, and rendering judg

ment.

The compromises of amicable compounders produce all the consequences of other obligations, and, as in the latter, the limits and extension of the stipulations of the parties are to be understood and explained according to the contents of the instrument, without extending them to things and cases which are not expressly included therein.-Decision of February 22, 1878.

The Supreme Court has declared that, in accordance with article 829, together with number 3 of article 793 of the law of civil procedure, the powers of amicable compounders are limited by the will of the parties and that they can not consider cases and things which have not been expressly and finally submitted for their decision. Amicable compounders can not appeal to irrelevant interpretations for the purpose of extending their powers without violating the only substantative law to which they must confine themselves, which is the will of the parties, expressly stated in the instrument of the compromise, the clauses of which must be strictly interpreted, as otherwise the amicable compounders would decide questions and cases not submitted to them.-Decision of December 10, 1887.

This article does not make a hearing of the parties obligatory.-Decision of October 19, 1865.

An appeal for annulment of judgment from decisions of amicable compounders does not lie when they are given power to fix the amount of the indemnity due the appellant and they decide that he is not entitled to any indemnification. Decision of June 12, 1893.

When it is clearly and definitely agreed that all doubts which may arise with regard to the interpretation of a contract and its execution are to be submitted to amicable compounders in accordance with law, claims with regard to which there is no agreement between the parties, whether just or not, or whether included in the stipulations of the contract or otherwise, must be submitted for the decision of the amicable compounders.-Decision of December 30, 1881.

Should a compromise have been made to the effect that arbitrators are to decide as to the meaning and scope of doubtful clauses of a contract, it is sufficient for the parties to give a different interpretation to one of them for a doubt to 75270-09-25

ART. 833. An absolute majority vote shall be necessary to render judgment. If there is not a majority, the compromise shall be without effect.

ART. 834. The judgment must be rendered before a notary, who shall give notice of the same to the interested parties by delivering to them an authenticated copy thereof, stating the date of the notification and delivery, and a note of which service shall also be made at the end of the original judgment, which shall be signed by the interested parties.

ART. 835. From the judgments rendered by amicable compounders there shall be no remedy except that of an appeal for annulment of judgment, for the reasons and within the time and in the manner prescribed therefor in Title XXI of this book."

ART. 836. If the appeal for the annulment of judgment is not allowed, or if not interposed in time, the judgments shall become final, and, at the instance of a legitimate party, they shall be executed by the judge of first instance in whose district is situated the town wherein the judgment was rendered, proceeding in the manner prescribed for the execution of other judgments..

ART. 837. In order to request the execution of the judgment, certified copies of the compromise and of the arbitral judgment shall be presented, issued by the notary who authenticates the same.

After the twenty days have elapsed prescribed in this code for the appeal for the annulment of judgment against judgments rendered by amicable compounders, the judge shall order, if requested, the execution of the judgment; but if the judgment debtor proves that an appeal for the annulment of the judgment has been taken and admitted, the judge shall at his instance annul and suspend all proceedings relating to the execution, taxing the cost against him who requested execution, unless he should have given the bond prescribed in the following article.

ART. 838. The judge shall also order the execution of the judgment of the amicable compounders immediately after they have rendered the same, and even though an appeal for annulment of judgment has been taken and allowed, providing that he who requests the execution of the judgment should furnish security sufficient, in the opinion of the judge, to cover what he may have received and to pay the costs, in case that the annulment of the judgment should be declared.

exist and give rise to proceedings by amicable compounders.-Decision of March 29, 1886.

The compromise being limited to a declaration by the amicable compounders as to whether the parties are or are not entitled to an indemnity for losses and damages, an award which taxes, liquidates, and orders said indemnity to be paid is null according to law. Decision of February 22, 1878.

a The power having been granted to the parties to a compromise executed in 1864 to render the award without effect by paying the fine agreed upon, such clause constitutes a perfect right based upon article 302 of the law of commercial procedure, and a judgment which does not recognize the same violates this precept, because neither the law relating to the unification of the local laws (fueros) nor the latest civil procedure have repealed substantive rights legitimately acquired.-Decision of March 21, 1883.

TITLE VI. THE SECOND INSTANCE.

SECTION I.-GENERAL PROVISIONS.

ART. 839. Every appellant must appear before the appellate court within the period fixed in the summons.

If he does not do so the appeal shall be dismissed at the expiration of said period, without the necessity of having default entered, and the judgment or ruling appealed from shall become final without further remedy."

ART. 840. In cases in which, an appeal having been allowed for review only, the appellant is furnished a certified copy thereof to perfect it, the audiencia shall not allow the appeal and shall declare it dismissed without the necessity of having default entered if the appellant appears after the fifteen days fixed in article 392.

The same shall take place with regard to the remedy of complaint referred to in article 398.

ART. 841. In all cases wherein an appeal is dismissed, the costs thereof shall be taxed against the appellant, and the order taxing the same shall be communicated to the inferior judge with a return of the record, in a proper case, for the proper purposes.

An entry shall be made on the order returning the record, by the secretary, of the fees due and the amount to be paid for the official stamped paper which may have been used according to the provisions of the second paragraph of articlę 248, in order that said amounts may be demanded of the appellant.

ART. 842. If the appellee does not appear before the superior court, the proceedings shall follow the regular course, and orders issued therein shall be posted within the limits of the court room.

Should he appear later, he shall be admitted as a party to the action, and all subsequent proceedings shall be communicated to him or to his solicitor without retrogressing in the proceedings.

ART. 843. If the appellant is entitled to prosecute or defend as a poor person, he shall be considered as having entered an appearance in time before the superior court, if within the period fixed in the

a See footnote No. 2, page 3, under Instancia.

A petition for a review may be made against an order declaring that an appeal has been abandoned, in accordance with article 890.-Decision of March 26, 1866. An appeal is not considered as abandoned until the court so declares.Decision of April 6, 1864. It is not necessary for the chamber to cite the parties to enter the appeal, because if the appellant does not appear within the period of the summons the appeal shall be declared abandoned upon the first request of the appellee for an entry in default.-Decision of April 24, 1869. At the present time a request for a declaration of default is not necessary. Powers of a court after an appeal for a review and for a stay of proceedings has been allowed.—In an appeal for annulment of judgment, in which articles 70 and 838 of the law of civil procedure of 1855 (383, 388, and 840 of that of 1881) and law 26, Title XXIII, Partida 3, were cited as violated, the supreme court, in allowing the appeal, stated:

"That as soon as an appeal is allowed for a review and for a stay of proceedings, the adjudging court shall absolutely cease to take cognizance of the proceedings, only retaining powers of coercion to oblige the appellant to furnish the means necessary to perfect the appeal, if he does not abandon it expressly and finally, and that the court ad quem is the only one which is competent to declare the appeal abandoned after it has been allowed."-Decision of April 29, 1882. The lack of personality in the solicitor of the appellee does not produce the effect of annulling a ruling declaring an appeal to be abandoned, because it could be made without a prior entry of default.-Decision of December 31, 1887.

summons he appears personally or through another person and requests that an attorney and solicitor be appointed ex officio to take charge of his defense.

The same petition may be made when he is summoned, in which case the clerk shall make an entry of the fact in the proceedings.

In these cases the court shall make the appointments, if he is entitled to prosecute or defend as a poor person, and the solicitor appointed ex officio shall be served with all proceedings as the representative of the appellant.

ART. 844. An appellee who has the same privilege may in like manner request the appointment of an attorney and solicitor ex officio at any stage of the appeal.

ART. 845. An appellant may abandon the appeal at any stage of the proceedings, on the payment of the costs incurred by the opposite party thereby.

In order to consider an appeal as abandoned, it is necessary that the solicitor present a special power of attorney, or that the litigant interested ratifies said abandonment under oath in the instrument."

ART. 846. Within the three days following the delivering of the copy of the petition to abandon the appeal, the appellee may impugn the same on the ground of the insufficiency of the power of attorney or lack of personal capacity on the part of the litigant, which defects, if true, the audiencia shall order to be cured within a short period fixed for said purpose.

If this period should elapse without its having been done, the appeal shall, at the request of the appellee, proceed in its regular course. ART. 847. After the defects have been cured, or when the appellee does not impugn the petition, the audiencia shall, without further proceedings or remedy, consider the appellant to have abandoned the appeal, taxing the costs upon him, and thus make the judgment appealed from final, and order that notice thereof be communicated to the inferior judge, with the return of the record, in a proper case.

ART. 848. If the appellee should desire to continue with the appeal. and therefore, within the three days prescribed in article 846 should object to the abandonment thereof, the audiencia shall permit the appellant to withdraw, and tax all costs against him incurred up to that time, proceeding with the appeal for the purpose of determining such points of the judgment which relate to the concurrence of the appellee.

The same action shall be taken if the appellee within said period should state that he concurs in the appeal, in the event that the withdrawal of the appellant took place before that stage of the action in which said remedy could be employed according to articles 857 and 891.

ART. 849. As soon as a judgment rendered on an appeal becomes final, it shall be communicated to the inferior judge for execution at the cost of the appellant by means of a certified copy and letters mandatory.

If there has been an adjudgment upon costs the same shall first be taxed.

a A court can not consider an appeal as abandoned, even though the appellee consents to all the petitions of the appellant, without the previous conformity of the latter with said declaration.-Decision of May 29, 1888.

When the appellee concurs in the appeal, it can not be considered that the judgment has been accepted by him.-Decision of December 14, 1865.

ART. 850. The certified copy referred to in the foregoing article shall contain the final judgment, and, in a proper case, the taxation and approval of costs.

A memorandum of said certified copy shall be made in the office of the clerk of the audiencia and a literal copy thereof shall be entered in its register.

ART. 851. A transcript of the final judgment in the action shall also be issued, with the formalities and in the manner prescribed in article 373, when any of the parties request it for the protection of his rights. This writ shall be issued at the cost of the party requesting it, after the opposite party has been cited to appear at the hearing of such request, and it shall also be recorded in the office of the clerk of the audiencia.

ART. 852. Without prejudice to the issue of transcripts or to the taxation of costs in a proper case, the final judgment shall be immediately communicated to the inferior judge for its execution, if any of the parties request it.

ART. 853. Appeals which may be taken from decisions of municipal judges to those of first instance shall be governed by the special provisions therefor without prejudice to the application of the rule prescribed in article 839.

SECTION II.-APPEALS FROM FINAL JUDGMENTS RENDERED IN ACTIONS OF GREATER IMPORT.

ART. 854. When the record of proceedings has been received by the audiencia receipt thereof shall be acknowledged, and as soon as the appellant has appeared, within the proper period and in due form, the record shall be referred to the relator for the making of the abstract.

ART. 855. When the abstract has been prepared, it shall be delivered with the record to each of the parties in their order for the examination of their attorneys, for a period not less than ten nor more than twenty days.

This period may be extended to thirty days at the instance of a party only in case that the record exceeds 2,000 folios.

In such case the extension granted to the appellant shall be understood as granted also to the appellee, without the necessity of the latter requesting it.

ART. 856. Both the appellant and the appellee shall, on the return of the record, present an instrument subscribed by an attorney, stating that they agree to the abstract, or indicating the additions or corrections which they may consider necessary.

ART. 857. In said instrument the appellee may concur in the appeal on the points in which he believes himself prejudiced by the judgment. Neither before nor after this time can this remedy be employed."

It is not legal for parties to an action to alter the essential bases of an action or of exceptions discussed at first instance, and thus ignore the mission which appellate courts have according to law.-Decision of June 26, 1884.

When a judgment has been appealed from, even though it be only in one of its points, it is not res judicata in any of the others.-Decision of January 11, 1876.

Although the appeal taken by one of the appellants is dismissed, he may afterwards concur in the appeal of the opposite party (Decision of February 15, 1886), his concurrence having the same effects as the appeal itself.-Decision of April 8, 1885.