SECTION III.-PROCEEDINGS CONSEQUENT UPON A DECLARATION OF INSOLVENCY.

ART. 1171. The following proceedings shall be ordered in the same decision in which the declaration of insolvency is made:

1. The attachment and deposit of all the property of the debtor, the seizure of his books and papers, and the detention of his correspond

ence.

2. The appointment of a depositary to take charge of the preservation and administration of the property of the debtor which has been seized.

3. The consolidation with the insolvency proceedings of the executions outstanding in the same or in any other courts, with the exception established in article 166."

ART. 1172. The seizure and attachment of the property, books, and papers of the debtor shall be carried into effect by citing him to appear, if he has not absented himself, in the most adequate and least expensive manner according to the rules established for intervention in the estates of intestates.

The property excepted from attachment by article 1447 only shall be left in the possession of the insolvent."

ART. 1173. The following rules shall be observed for the deposit of the property:

1. The cash and public securities shall be deposited in the public institution provided therefor, as well as the jewelry, if admitted by said institution.

A certified copy of the certificate of deposit shall be inserted in the record, and the original shall remain in the custody of the depositary to be delivered by him to the trustees.

2. Products and other personal property and live stock shall be delivered into the custody of the depositary according to the proper inventory.

3. The real estate shall be placed under the administration of the depositary, a cautionary notice of the attachment being made in the proper registries of property.

4. The proper inventory shall be made of the accounts and papers, with a statement of their condition, and they shall be preserved in the office of the clerk until they are delivered to the trustees, unless the judge should deem it proper to allow them to remain in the countingroom or office in which they may be, without fear of any abuses being committed.

In any case he shall adopt the measures which he may deem necessary to avoid the commission of any abuses.

ART. 1174. A communication shall be sent to the postmaster for the detention of the correspondence, requesting him that it be placed at the disposal of the court.

ART. 1175. Upon the day and at the hour which may be fixed for the purpose, the debtor shall open the correspondence in the presence

A decision against the consolidation of an executory action with universal proceedings does not put an end to the latter nor does it make their continuation impossible. Decision of July 7, 1883.

The law of civil procedure in prescribing that the judge will issue the orders which may be necessary for the attachment and deposit of all the property of the debtor, included implicitly that of all the rights of the insolvent, among which are included the fruits of the property belonging to the conjugal community. Decision of March 26, 1873.

of the judge and court clerk. The latter shall retain possession of that which may relate to the insolvency proceedings, delivering the balance to the debtor.

If the latter should not appear or should have absented himself without leaving a representative, the judge shall open the correspondence in the presence of the court clerk, entering a statement of this action in the record.

ART. 1176. If it shall appear from the correspondence that it is necessary to adopt an urgent measure for the security of the property, the judge shall order the same to be taken, informing the debtor of his

action.

ART. 1177. The appointment of a depositary administrator of the estate of the insolvent must be given to a competent and responsible person, whether a creditor of the debtor or not.

He shall not be required to furnish a bond, if the judge relieves him therefrom, under his liability.

ART. 1178. After the office has been accepted, the oath administered. and the bond furnished, if the judge should have required one, the depositary-administrator shall be placed in possession thereof; a certified copy of his appointment viséed by the judge shall be given him, and all persons he may designate shall be informed of said appointment in order that he may be recognized as such administrator.

ART. 1179. The depositary-administrator shall represent the estate of the insolvent until the trustees take possession of their office. He shall, in addition, have the following powers and obligations: 1. To administer the property of the insolvent and preserve the same in his custody without impairment.

2. To collect the indebtedness existing in favor of the debtor. 3. To recommend to the judge the sale of any personal property which can not be preserved.

ART. 1180. For the collection of the indebtedness, he shall first obtain the consent of the court, which consent shall be entered, signed by the judge and by the court clerk, upon the titles of the said credits, should there be any, and otherwise it shall be proven by means of a certified copy of the order in which consent was granted.

In all the other matters referred to in the foregoing article the provisions prescribed for similar cases in the administration of intestate estates shall be observed.

ART. 1181. The money collected by the administrator of the estate of the insolvent shall be deposited without delay, subject to the orders of the court, in the public institution provided therefor.

The judge, nevertheless, may leave in the possession of said administrator the sum which he may consider indispensable to meet the expenses of said estate.

ART. 1182. The judge may make the depositary a daily allowance in proportion to the value and circumstances of the property entrusted to his care, taking into consideration the fees that may be derived from the administration. In no case shall said allowance exceed 50

reales per day.

In all cases the depositary-administrator shall be entitled to collect: 1. One-half per cent on the collection of credits.

2. One per cent on the net proceeds from the sale of products, personal property, or live stock which may be alienated.

3. Five per cent on the net proceeds of the administration not arising from the sources mentioned in the foregoing paragraphs.

ART. 1183. The depositary shall cease in the discharge of his duties on the same day the trustees take possession of their office, to whom he shall turn over the administration and the property in his custody. Within the next fifteen days he shall render an authenticated account, which shall be approved by the court after hearing the trustees thereon.

ART. 1184. The following rules shall be observed for the purpose of making the consolidation prescribed in rule 3 of article 1171:

1. If the executory record is on file in the same clerk's office where the insolvency proceedings are pending, the judge shall order the court clerk that he consolidate the same with the record of the universal proceedings, inserting therein a certified copy of the order, and citing the execution creditor to appear in the proceedings and assert his rights.

2. If the record should be on file in some other clerk's office of the same court, he shall order the court clerk to require his associates, by a certified copy of the order, to deliver to him the record for consolidation to the intestate proceedings, also citing the execution creditors for the purpose above mentioned.

3. In either case, if the execution creditor should object to the consolidation, he shall, within three days, request in the executory action a rehearing of the order relating thereto, and, after hearing the depositary-administrator of the estate of the insolvent thereupon within three days, for which purpose the record shall be delivered to him, the judge shall decide what he may deem proper, his decision being appealable for a stay of proceedings as well as a review.

4. If the execution be pending in other courts, the judge shall transmit to said court a certified copy of the ruling by which the declaration of insolvency was made and anything else which he may consider necessary, and he shall officially request that the record be forwarded to him for consolidation with the universal proceedings.

In such case the provisions prescribed in articles 175 et seq. shall be observed; and if the judge of whom the request is made should deny the request for consolidation, a separate record shall be made of the insolvency proceedings, which record shall include copies of what may be necesary for subsequent proceedings.

ART. 1185. The actions and causes mentioned in article 1002 may also be consolidated with these proceedings.

These consolidations shall be ordered in the ordinary manner, at the instance of the depositary-administrator or of the trustees in insolvency.

ART. 1186. As soon as the declaration of insolvency is final, if it should be necessary, the judge shall order that the insolvent present the statement of his creditors within three days, as well as the memorandum prescribed in numbers 2 and 3 of article 1155.

ART. 1187. The judge may increase this period for the length of time which he may consider indispensable when it is clearly insufficient in view of the importance and special circumstances of the insolvency proceedings.

ART. 1188. If the insolvent should not comply with the provisions of the foregoing article within the period which may be fixed therefor, or should not be able to comply therewith on account of his

absence, the proceedings shall continue, and in the classification of said proceedings such failure shall be considered an indication of culpability.

ART. 1189. If the insolvent be an association or company not governed by the provisions of the Code of Commerce, if its director or manager does not comply with the provisions of article 1186, the judge may appoint an expert to make the general balance and render a report of the causes which may have occasioned the insolvency of said association or company, for which purpose the books and papers of the same shall be delivered to him. The judge shall fix the period which he may deem necessary for this purpose, which can not exceed thirty days.

ART. 1190. If the insolvent should absent himself from the place where the proceedings are pending without leaving a person sufficiently empowered to represent him in the insolvency proceedings, he shall be called by means of edicts in the manner prescribed in article 269, in order that within nine days he may enter an appearance in the proceedings through a solicitor, and if he should not do so he shall be declared in default, the provisions prescribed in article 281 being observed.

SECTION IV.-CITATION OF CREDITORS AND APPOINTMENT OF TRUSTEES.

ART. 1191. Without prejudice to continuing the execution of the proceedings prescribed in the foregoing section, as soon as the declaration of insolvency becomes final, the judge shall order it published by means of edicts, admonishing all persons not to make any payments to the insolvent, under penalty of their being considered illegal, and that all payments be made to the depositary, or to the trustees as soon as they are appointed.

ART. 1192. At the same time he shall order that the creditors be cited by the same edicts to appear in the proceedings and present the evidence of their claims, and shall order a meeting called for the appointment of trustees upon the day, hour, and at the place which the judge himself may designate.

ART. 1193. The period between the call and the holding of the meeting can not be less than twenty nor more than forty days to be counted from the date of the publication of the edicts.

ART. 1194. The judge shall fix the day for the holding of the meeting, taking into consideration the number and residence of the creditors, so that all those who may be in the respective territory of each of the islands of Cuba and Porto Rico may have time to attend the meeting or to give a power of attorney to a person to represent them. ART. 1195. The edicts referred to in articles 1191 et seq. shall be published and posted at the customary places where the proceedings are being held and at the domicile of the insolvent, and shall be inserted in the official bulletins of the provinces, where there are any, and in the Gaceta of the General Government, as well as in that of Madrid whenever the judge considers it advisable, in view of the importance and circumstances of the insolvency proceedings.

ART. 1196. Without prejudice to the calls by edicts, all the creditors whose domiciles may be known and who are included in the statement presented by the insolvent, shall be personally cited to appear, the

letters mandatory and rogatory which may be necessary for the purpose being issued.

ART. 1197. The insolvent shall also be cited by writ for the first meeting and for the other meetings which may be held during the proceedings, in order that he may attend the same in person or through an empowered representative should he so desire.

ART. 1198. Appearance by the creditors with the proof of their claims shall be made personally before the court clerk or in writing, as the person interested may elect.

ART. 1199. If the appearance should be personal, the proper entry to that effect shall be made in the record, stating therein the name, surnames, status, profession, and domicile of the creditor, the designation of the house where he resides, the nature of the document, its date, and, in a proper case, the notary who may have authenticated it, and the net amount of the credit claimed, the creditor further stating whether he holds any pledge or other guaranty in his own possession or in that of another person. This statement shall be signed by the creditor, and if he should not be able to do so, by a witness at his request, and by the court clerk.

ART. 1200. If the appearance is made in writing, the statements aforementioned shall also be included therein, and it shall be drafted on the proper stamped paper and signed by the person interested, or by another person at his request if he were not able to do so.

If the appearance is made through a duly empowered representative, the power of attorney shall be attached to the record with the proofs of the claims.

ART. 1201. The court clerk shall issue a receipt for the titles of credits which may be presented, even though not requested by the person interested, entering the same in the appearance itself, or in the memorandum of the presentation of the instrument.

ART. 1202. A separate record shall be made, with the evidence of the credits, the appearances, or the written statements of the presentation, to which said documents shall be added in the order in which they are presented, the creditors being numbered in the same order.

ART. 1203. In extraordinary cases in which, by reason of there being a very large number of creditors, or on account of the character of the credits, it may be reasonably presumed that it will not be possible to carry out the provisions contained in the foregoing articles within the period of forty days, fixed in article 1193 for holding the meeting, the judge may extend this period for the time he may consider

necessary.

ART. 1204. Forty-eight hours before the time fixed for the meeting, the time for the appearance of creditors for the purpose of attending the same and for electing trustees shall be closed.

Those who may appear thereafter must do so in writing, and they shall be admitted for the subsequent effects of the proceedings.

ART. 1205. The court clerk shall, as the creditors appear with the evidence of their credits, prepare an individual statement of them which must be completed for use at the meeting.

ART. 1206. Said statement shall include the names and surnames of the creditors and the amounts claimed by each, with the ordinal number of their presentation and the folio of the record at which the respective documents may be found, and a statement as to whether said claim is included in the statement presented by the insolvent.