ART. 1561. Judges of first instance who are of competent jurisdiction in accordance with rule 13 of article 63 shall take cognizance of these actions:

1. If the property involved is a commercial or manufacturing establishment, or a rural estate, the lease of which exceeds 5,000 pesetas per annum, even though the action is based on one of the causes mentioned in the foregoing article.

2. If the action with regard to property of any kind is based upon a cause not included in the said article.

ART. 1562. All persons legally entitled to the possession of the estate either as owners, beneficiaries, or by virtue of another title which gives them the right to enjoy the estate, and their representatives, shall be considered legal parties to institute an action of unlawful detainer.

ART. 1563. An action of unlawful detainer may be instituted against

1. Tenants.

2. Managers, custodians, keepers, or watchmen entrusted by landlords with their property.

3. Tenants at sufferance, or any other persons enjoying the estate, whether rural or urban, without paying rent therefor, provided that one month's notice to vacate has been served upon them."

ART. 1564. In no case shall the plaintiff be allowed to interpose an ordinary appeal or an appeal for annulment of judgment when it lies, if he does not prove at the time he interposes said appeal that he has paid the rent due and that which, in accordance with the contract, he is to pay in advance, or that the amount of the same has been deposited in the inferior or superior court.

In such case the plaintiff shall be required to receive the amount of such rent and to issue a receipt to the tenant, and if he should not desire to accept the same, it shall be deposited in the proper public establishment.

cases in which the action is based upon the expiration of the term agreed upon, the expiration of the period which must be granted for the termination of the contract, or upon nonpayment.-Decision of July 9, 1884.

As the action which the lessor can institute to recover the payment of interest due and to demand an ejectment for nonpayment are different, the institution of one before the other does not signify nor can it signify that he renounces the ejectment. Decision of November 13, 1884.

When no contract exists the term of which can have expired and in which a price has been fixed, the judge of first instance only has jurisdiction to take cognizance of the action of unlawful detainer.-Decision of September 29, 1887. Municipal judges can only take cognizance of actions of unlawful detainer when any of the causes specially enumerated in article 1560 is attendant, and in all other cases the judges of first instance are of competent jurisdiction, in accordance with the provisions contained in article 1561.-Decision of January 24, 1888.

An action of unlawful detainer lies only in leases for the purpose of dispossessing a tenant who is included in the cases of the law. Decision of September 27, 1875.

A legal error is incurred by a judgment which does not admit an action of unlawful detainer instituted by the person who appears the owner of the estate, against a tenant thereof at sufferance, considering exceptions pleaded by said tenant for the purpose of ignoring the right of ownership of the plaintiff.Decision of April 21, 1884.

After an insolvent has been deprived of the use and disposal of his property, his tenancy thereof is at sufferance and an action of unlawful detainer lies.Decision of October 30, 1885.

The payment of the rent shall be proven with the receipt of the landlord, or of his manager or representative."

ART. 1565. If the tenant does not comply with the provisions of the foregoing article, the decision shall be considered final and its execution shall be proceeded with.

The appeal for annulment of judgment taken by the tenant shall also be dismissed, at any stage thereof, if during the pendency of the same he should fail to pay the installments which may fall due or which he may be required to pay in advance.

ART. 1566. None of the periods of time prescribed in this title for the hearing and determination of actions of unlawful detainer and the execution of the judgment can be extended, and after they have expired any right which may not have been utilized shall be considered lost, without the necessity of petitions for judicial compulsion nor of entering default.

ART. 1567. Judges of first instance shall observe the provisions established for audiencias in title 21 of this book, with regard to the preparation and admission, in a proper case, of appeals for annulment of judgment which the parties may desire to take against the judgments rendered by them in actions of this kind.

SECTION II.-ACTIONS OF UNLAWFUL DETAINER BEFORE MUNICIPAL COURTS.

ART. 1568. In cases in which, in accordance with the provisions of article 1560, it pertains to municipal judges to take cognizance in original instance of actions of unlawful detainer, this action shall be heard and determined in accordance with the procedure established for oral actions, with the modifications contained in the following

articles.

ART. 1569. The plaintiff shall draft his complaint in accordance with the provisions of article 719, attaching the copy or copies prescribed therein."

ART. 1570. After the presentation of these documents, the judge shall order the plaintiff and the defendant to be summoned for the oral action, fixing a day and hour therefor, which can not be changed without sufficient cause being alleged and approved by the judge.

Such day must be within the six days following the presentation of the documents, but at least three days must intervene between the action and the citation of the defendant.c

The writ of citation for the appearance shall be drafted immediately after the copy of the complaint, which shall be delivered to the defendant in the manner prescribed in article 721.

ART. 1571. The citation shall be served upon the plaintiff in person. If such service can not be made after it has been twice attempted at an interval of six hours, the writ citing him for the action shall

• These appeals do not lie when the decision unfavorable to the defendant becomes final, on account of his not having deposited the rental for the time due and which is to fall due during the course of the proceedings of said appeal. Decision of February 9, 1885.

This article has been amended by order No. 92, of June 29, 1899, for Cuba, which see in appendix.

A part owner can not by himself, and without the authority of the other part owners, bring an action of unlawful detainer against a tenant.Decision of January 25, 1886.

If three days at least do not intervene, this article is violated and an appeal lies. Decision of February 6, 1886.

be left at his residence; it shall be delivered to his nearest relative, or to a member of his household or a servant, over 14 years of age, who may be found in the same; and if no one should be found, to his nearest neighbor.

At the same time an ordinary copy of the complaint shall be delivered to the defendant or to the person to whom the writ of citation is delivered.

ART. 1572. If the defendant is not found at the place where the action is pending, or should he not have his domicile there, the citation shall be delivered to his attorney in fact; if he should not have one, to the person entrusted in his name with the care of the property, and if there should be no such person the proper letters rogatory, or order for his citation, shall be issued to the judge of his town or residence.

In the latter case, the judge shall allow a sufficient time, in view of the distances and difficulties of communication, for the appearance in the oral action. This period can not exceed one day for every 30 kilometers, without the total period allowed for appearance exceeding twenty days.

ART. 1573. In the cases referred to in the foregoing articles the defendant shall be warned when he is cited, that if he does not appear in person or through a duly empowered representative, he shall be dispossessed without a further citation or hearing.

ART. 1574. If the defendant should not have a fixed domicile or his whereabouts is unknown, the writ of citation for appearance at the oral trial shall be posted upon the bulletin board of the court, with the warning mentioned in the foregoing article.

ART. 1575. If a defendant who is at the place where the action is pending should not appear at the hour fixed, he shall be cited again in the same manner for the following day, and he shall be warned at the time of the second service if he should be found, or otherwise in the writ left for him, that if he should not appear in the action, it shall be considered that he agrees to the dispossession, and he shall be ejected from the estate without any further citation or hearing.

The second citation need not be served upon absentees.

ART. 1576. If the defendant should not appear after the second citation, when he is found at the place where the action is pending, or an absent defendant, after the first citation, the judge shall immediately render judgment ordering the dispossession and warning the defendant that if he does not vacate the premises within the proper period of those mentioned in article 1594, he will be ejected therefrom.

ART. 1577. If the parties appear at the oral trial they may, in their order, make the statements and offer the testimony which they may deem proper at the time thereof.

After all the evidence considered pertinent has been admitted, it shall be taken within the period fixed by the judge, which can not exceed six days.

When the action of unlawful detainer is based upon the nonpayment of the price stipulated, no other evidence but judicial confession shall be admissible, or the document or receipt showing that said payment has been made.

ART. 1578. Upon the day following the taking of evidence it shall be attached to the record and the judge shall cite the parties for the continuation of the oral action on the following day, when he shall

hear them or the person they may select to speak in their name, a statement of which shall be entered upon the record.

ART. 1579. The judge, within the three days following the termination of the oral action, shall render judgment granting or disallowing the prayer for dispossession, and in the former case warning the defendant that he will be ejected if he does not vacate the premises within the periods established in article 1594.

Notice of this judgment shall be given to the defendant either in person or by writ, if he should reside at the place where the action was held. In other cases said notice shall be posted upon the bulletin board of the court room, and it shall have the same effect as if it had been personally served.

ART. 1580. The judgment shall include the taxation of costs against the unsuccessful party."

ART. 1581. The judgment may be appealed from, both for review and for a stay of proceedings, to the judge of first instance of the judicial district within three days, either by petition or by personally appearing for the purpose.

If the appeal should have been taken by the defendant, the judge shall not admit it if he should not have complied with the provisions of article 1564.

ART. 1582. After the appeal has been allowed, the record shall be sent within twenty-four hours to the judge of first instance of the judicial district, with a summons of the parties to appear within eight days, if they should desire to do so, in order to allege their rights.

ART. 1583. If the appellant should not appear within said period the judge shall ex officio proceed as prescribed in article 733.

If he should appear in time, a record shall be made thereof, and the judge of first instance shall, without delay, order that the parties be cited to appear within three days.

This citation shall be personally served upon those who may have appeared in the second instance, and upon the others by posting the same upon the bulletin board of the court."

Leases are considered as extended for one year under the same conditions, when the lessee remains for three or more days on a rural estate, with the consent of the owner, after the time fixed in the contract. During this extension the owner is obliged to leave the lessee in the enjoyment of the thing leased, or indemnify him for the losses and damages which he may cause him and even for the profits he may have caused him to lose.-Decision of December 26, 1869. A person who sells a leased estate before the expiration of the lease is obliged to sustain or to indemnify the lessee for the losses and damages he may suffer by the dispossession.-Decision of July 1, 1870.

The proceedings for dispossession in municipal courts include an express adjudgment upon costs against the unsuccessful party, for which reason, the court of first instance, when he takes the place of the municipal judge, must, in reversing the judgment of the latter, impose the costs incurred in the last court upon the appellant. But as this precept does not apply to the proceedings held before the court of first instance, the appellee must not be taxed the costs. Decision of September 27, 1886.

The provisions contained in article 1580 of the law relate clearly to the costs of the first instance, that is to say to those incurred before the municipal court, and does not apply to the costs of the second instance, which are governed by law 2, title 19, book 11, of the Novisima Recopilación.

After the parties have been cited for appearance before the court as prescribed in article 1585 of the law of civil procedure, the judge in afterwards rendering judgment without a citation of the same, has not violated any legal provisions whatsoever, because the law does not require a previous citation for judgment in proceedings of unlawful detainer held before municipal judges.Decision of February 9, 1885.

ART. 1584. Upon the day and hour fixed for the appearance, the judge shall hear the parties or their solicitors, if they should appear, minutes of said hearing being made; and without admitting any other evidence than that which, having been submitted in the first instance could not be taken, he shall render judgment within three days thereafter.

ART. 1585. Against the judgment in second instance referred to in the foregoing article, no other appeal shall lie but an appeal for annulment of judgment for breach of law and form, if the annual rent of the estate involved should exceed 5,000 pesetas. Should it not exceed this sum, an appeal for annulment of judgment by reason of breach of form only shall be proper."

ART. 1586. Upon the expiration of the legal period without the interposition or preparation of the appeal for annulment of judgment, the records of the proceedings shall be returned to the municipal court with an abstract of the judgment for its execution.

SECTION III.-ACTIONS OF UNLAWFUL DETAINER BEFORE COURTS OF FIRST INSTANCE.

ART. 1587. When the action of unlawful detainer is based upon one of the causes and is brought for one of the reasons mentioned in subdivision 1 of article 1561, it shall be heard and determined in an oral action according to the same procedure which is prescribed in the foregoing section for those held before municipal judges, without any other modifications but the following:

1. The complaint shall be submitted in writing upon the proper stamped paper, and drafted in accordance with the form prescribed for complaints in ordinary actions.

2. The oral trial shall be held within eight days following that on which the complaint was presented, but four days at least must intervene between the holding of said trial and the citation of the defendant.

ART. 1588. When the complaint is based upon the violation of any of the conditions stipulated in the lease contract, not included in those mentioned in article 1560, it shall also be heard and decided in an oral trial before the judge of first instance, in accordance with the provisions contained in the preceding article.

ART. 1589. The judgment rendered by the judge of first instance in the cases referred to in the two preceding articles may be appealed from for review and for a stay of proceedings.

After the appeal has been allowed, provided that the requisites prescribed in article 1564 have been observed, if the defendant has taken the appeal, the record of proceedings shall be forwarded without delay to the appellate court, at the cost of the appellant, with a summons of the parties to appear within a period of ten days.

ART. 1590. The appeal shall be heard and determined in these cases in accordance with the procedure established by articles 704 et seq. for appeals in actions of lesser import.

ART. 1591. When the action of unlawful detainer is based upon any cause other than those mentioned in articles 1560 and 1588, the judge

"In an appeal against a judgment rendered in an action of unlawful detainer it is necessary to present the document which shows the payment of the rent or the deposit thereof.-Decision of October 9, 1883.