ART. 1535. With the complaint in intervention must be presented the title on which it is based, without which requisite it shall not be acted upon."

ART. 1536. In no case shall a second intervention be allowed. whether based upon ownership or upon a preferred right, based upon titles or rights possessed by the intervenor at the time of interposing the first intervention.

The opposition made for this reason to the admission of the complaint may be heard and decided according to the procedure estab

of his family, can not be considered as personal and private debts of his own, nor can they be excepted, therefore, from payment from the proceeds and income derived from the property belonging to the wife, which are liable, as is that of the husband, for the maintenance of the marriage charges; therefore, when the debt claimed is of this character, and for its payment proceeds from property belonging to the wife are attached, the jurisprudence laid down by the Supreme Court, in an opinion of February 21, 1881, and others, is not applicable to the case, and it can not be violated by a decision disallowing the intervention, and according to which, in order that a creditor may be preferred to the rights of the wife with regard to the proceeds and rents derived from the paraphernal property, it is necessary that she prove and justify in the action that the debt was contracted by the husband.-Decision of June 9, 1883. A decision which in applying the principle qui prior est tempore potior est jure, declares the preference of a credit of an intervenor, does not violate this principle nor that of pacta sunt servanda, when there existed no agreement between the two litigants which could have been violated, the credit of the intervenor bears a prior date. -Decision of January 5, 1884.

Although it is true that a married woman has a right to recover her marriage portion with preference to the creditors of the husband, unless the latter present a preferred title, in order that her preference may be recognized, it is necessary that she prove that the property in question was delivered to the husband, and if this is not proven, a decision which disallows an intervention based upon a preferred right, the action being based on the fact that the property in question has this character, without any violation of fact or of law being alleged in legal form against the consideraton of the evidence made by the adjudging chamber, can not be appealed from for an annulment of judgment. Decision of February 20, 1884.

A chamber which gives the preference over a credit appearing in a public instrument to one of later date, under the erroneous impression that the latter is pignorative, notwithstanding the fact that the creditor did not have possession of the thing which was supposed to have been given in pledge, incurs a legal error, and therefore the decision may be appealed from for annulment. Decision of April 12, 1884.

A wife who obtains for herself and child a temporary allowance for her support, a retention of the salary of her husband being ordered, has no right of preference for the collection thereof over another creditor of the husband, when said spouses live together and the wife has not instituted an action for a definite allowance for her support.-Decision of April 17, 1885.

An intervention based upon ownership has no legal support if the title upon which it is based is not recorded in the registry of property (Decision of April 28, 1870); but this is understood when real actions involving real property against third persons are instituted.-Decision of May 28, 1889.

Although, according to this article, it is necessary to present with the complaint the title upon which it is based, it does not provide, as does article 1533, for the cases mentioned therein, that it be ignored when said requisite is not filled, but only that it be not acted upon, which signifies that the admission thereof is to be suspended until the title or document upon which it is based is presented. Decision of February 27, 1883.

In order that property may be considered as dowry property for the purposes of its preference in the collection by reason of an intervention, it is necessary that it be proven that the property was delivered to the husband as dowry property. Decision of April 30, 1885.

A ruling which only conditionally suspends the course of an intervention until the document referred to in this article is presented, is not final.-Decision of March 27, 1889.

lished for dilatory exceptions, and if it should be sustained, the cost shall be taxed against the intervenor.

ART. 1537. The execution creditor and the execution debtor shall be parties to the intervention, and a delivery of copies of the complaint and other documents shall be equivalent to a summons for this action.

Both parties must answer the complaint within the proper period, to be counted from the date of the delivery of said copies, and should they not do so nor enter their appearance in the proceedings, the complaint shall be considered answered by the person in default, the proceedings being continued in default."

ART. 1538. The execution creditor who has been declared in default in the executory action shall also be considered in default in the intervention; but if his domicile were known, a copy of the complaint and of the documents attached thereto shall be served upon him.

ART. 1539. If the plaintiff and the defendant acquiesce in the intervention, the judge shall, without further proceedings, order the record to be brought before him, with a citation of the parties, and render judgment.

The same action shall be taken if both parties fail to answer to the complaint.

Said judgment may be appealed from for a review and for a stay of proceedings.

ART. 1540. If property not involved in an intervention based upon ownership is attached, the proceedings for judicial compulsion may be continued against the same, notwithstanding the intervention, and the proceeds shall be delivered to the execution creditor on account of his claim.

ART. 1541. The provisions contained in this section shall apply to interventions interposed in proceedings for the execution of judgments and in any other proceedings or incidental issue in which the attachment and sale of property takes place.

TITLE XVI.-COMPULSORY PROCESS IN COMMERCIAL AFFAIRS.

ART. 1542. Proceedings for judicial compulsion in commercial affairs may be instituted only before courts of first instance against the debtors of the following classes:

1. The consignees to whom merchandise may have been delivered or any other person who has legally received the same, for the transportation charges by land or water, provided that one month has not elapsed since the date of the delivery.

2. Marine insurance underwriters for the amount of the losses and damages suffered by the things insured in the risks against which they are insured.

3. The insured for the premiums of marine insurance.

4. The freighters and captains of vessels for the provisions furnished for the same and the consignees thereof when the supplies were furnished by their order.

A true intervention can be interposed only by a person other than the execution creditor or the execution debtor.-Decision of December 22, 1887.

Even though the execution debtor should be the heir of the debtor, if the property should not have been derived from this inheritance, but was private property, he may oppose the intervention, because he is a different person as the heir and the owner of such property.-Decision of March 28, 1885.

5. The said freighters for the payment of salaries due the ship's crew, adjusted by month or by voyage, and the captains, when the said freighters are not at the place where the payments are to be made.

6. Persons transacting through brokers, for the brokerage due in the transaction.

ART. 1543. Judicial compulsion can not be ordered if the creditors who request the same do not prove their right in the following

manner:

Credits for freight or transportation, with the original bill of lading, signed by the freighter, and the receipt for the merchandise mentioned in said document.

Those arising from insurance contracts, whether in favor of the insured or of the underwriters, by the public instrument, policy, or private contract, according to the manner in which the insurance was written.

The supplies furnished for the provisioning of the vessel, with the invoices mentioning the value of the supplies furnished, approved by the freighter, captain, or consignee by whose orders the creditor may have furnished them.

The salaries of the crew, by the copies of the contracts entered in the ship's account book, in accordance with article 699 of the Code of Commerce, of which the captain must furnish a copy to each person interested, with a memorandum of the amount due. If the captain should refuse to deliver such copies he shall be obliged to exhibit the book, from which a transcript shall be made in his presence of the entries relating to the credit claimed, which shall be considered equivalent to the certificate which the captain should have issued.

Brokerage claims, by the memoranda of the contracts or transactions upon which they are based, signed by the debtor; or of the policies of which they must retain a copy; and, in the absence of either document, by the copies of the entries made in the register, in accordance with the provisions of articles 91, 92, 93, 94, and 95 of the Code of Commerce.

ART. 1544. The credit with regard to which judicial compulsion is requested must appear liquidated in the instrument presented. Otherwise such compulsion shall not be ordered until the liquidation is made, by agreement of the parties, by a judicial decision or by arbitrators.

ART. 1545. If the document presented by the creditor should not be a public instrument or a policy of a broker but a private contract or another document which does not import a confession of judgment without the acknowledgment of the debtors, said acknowledgment must precede the order of the court decreeing the judicial compulsion. If the debtor should deny the authenticity of the document, the creditor may enforce his right in the action which may be proper in view of the amount involved.

ART. 1546. In brokerage claims the debtor must acknowledge the signature of the invoice or contract which proves the transaction; and if only a memorandum of the entry made by the broker should have been presented, the correctness thereof shall be verified by the confession in court of the said debtor, or by his commercial books.

ART. 1547. Upon the presentation of the instrument importing a confession of judgment, the creditor shall request the judicial compulsion in a written petition, the form of which shall be the same as that

established for executory actions, and if the judge should consider that it is legally proper, an order shall be issued and delivered to a bailiff, in order that, in the presence of the court clerk, he may demand payment of the claim of the debtor, and if he should not make the payment at once he shall proceed to attach his property. The provisions of articles 1440 et seq. of this law shall be observed in the demand for payment and attachment.

ART. 1548. After the attachment has been made, the debtor shall be cited for the sale of the property attached if within the third day he should not plead a legitimate exception against the judicial. compulsion.

ART. 1549. In these proceedings the following exceptions only shall be allowed:

1. Falsity of the instruments.

2. Lack of personal capacity on the part of the holder thereof. 3. Payment.

4. Compromise.

Whatever exception the debtor pleads, it must be interposed in writing and be proven within the three days designated in the citation.

ART. 1550. The exceptions shall be proven by documents or by the confession in court of the creditor, and can not be proven by any of the other means of proof which would be proper in other actions.

ART. 1551. If the debtor should present a written objection, it shall be attached to the record with the documents accompanying the same. He must also attach a copy of said written objection for delivery to the opposite party.

If a judicial confession of the creditor should be requested in the same instrument with regard to the facts on which the exception is based, the judge shall grant the request at once and shall immediately thereafter take the deposition, if possible, or otherwise, within the shortest period of time possible, without the delay prejudicing the debtor in any manner.

ART. 1552. If the evidence submitted should be documentary and a comparison of the documents should be requested, the judge, for this purpose only, may extend the period fixed in article 1549 to ten days.

ART. 1553. Should no objection be presented by the debtor within the period of the citation, the court clerk shall make a record of this fact, and thereafter he shall not be allowed to make any opposition whatsoever.

ART. 1554. After the evidence has been taken, or after a statement has been entered to the effect that no opposition has been made, the court clerk shall make a report thereon and the judge shall order the record brought before him, with a citation of the parties for judgment.

If any of the parties should request it within one day after the notification, the judge shall fix a day for the hearing within the four days thereafter.

The parties may, at the time of the hearing, present any document which they may deem proper, in which case the court clerk shall make an abstract thereof which the judge shall consider in rendering judgment.

ART. 1555. The judge shall render judgment within three days, ordering that the sale of the property attached be proceeded with, if

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the debtor should not have opposed the complaint or should not have proved his exception, otherwise he shall revoke the order in which he decreed the judicial compulsion.

In the former case the costs shall be imposed upon the debtor, and in the latter upon the creditor.

ART. 1556. No appeal shall lie against judgments rendered in these proceedings, the parties reserving their right to institute such ordinary action as may be proper.

ART. 1557. If the judgment should order that the judicial compulsion be carried into effect, the creditor shall be obliged before he is paid his claim, and if the debtor should request it, to furnish security sufficient to satisfy any judgment which may be rendered in any action instituted by the debtor.

This security shall be canceled de jure if no action is instituted within six months.

ART. 1558. Credit companies or institutions legally established, whose business it is to make mortgage loans or loans secured by real estate, may demand the payment of their mortgage credits by judicial compulsion in the manner prescribed in the decree law of February 5, 1869.

TITLE XVII.-ACTIONS OF UNLAWFUL DETAINER.

SECTION I.-GENERAL PROVISIONS.

ART. 1559. The cognizance of actions of unlawful detainer pertains exclusively to the ordinary jurisdiction.

This jurisdiction extends to the execution of the judgment which may be rendered, without the necessity of any assistance therefor being requested.

ART. 1560. The municipal judges of the place or district in which the estate is situate shall take cognizance in first instance of an action of unlawful detainer when it is based on one of the following reasons: 1. The termination of the period stipulated in the contract.

2. The expiration of the period of the notice to be given for the conclusion of the contract in accordance with law, the agreement made, or the general custom of each town.

3. The nonpayment of the price agreed upon.c

a See the decree law referred to in Appendix

See articles 1452 to 1582 of the civil code relating to leases.

If, during the course of an action of unlawful detainer the owner himself takes possession by his own authority of the leased estate, he is obliged to indemnify the lessee for any loss he may suffer through being deprived of the use of the estate. Decision of May 13, 1863.

If the action is based on one of the causes mentioned in the following article the municipal judge is competent to take cognizance of contracts of rabassa morta. Decision of April 17, 1886.

When municipal judges take cognizance of these actions, it is optional with the parties to be or not to be represented by a solicitor and lawyer, in accordance with number 2 of articles 4 and 10 of this law.

Article 11 in its second paragraph prescribes that in case the services of an attorney as well as of a solicitor are engaged, if there should be an adjudgment upon costs in favor of the persons who have engaged them, the fees and charges of neither shall be included therein.

The jurisdiction of municipal judges to take cognizance in first instance of actions of unlawful detainer is limited by this and the following article to the