pendency of the proceedings, after the presentation of the certificate of the proceedings to avoid litigation.

ART. 1620. After the presentation of the certificate of the proceedings to avoid the suit (acto de conciliación), by the plaintiff, the judge shall refer the complaint to the purchaser and shall order him to be summoned, delivering to said purchaser the copies of the complaint and of the documents in the manner prescribed for ordinary actions of greater import.

ART. 1621. If the defendant should appear within the period fixed in the summons, he shall be ordered to make answer to the complaint within the period of nine days.

Should he not enter an appearance, the provisions of articles 520 and 521 shall be observed.

ART. 1622. The defendant shall state in his answer whether he agrees to the facts upon which the complaint may have been based or shall state the allegations which he denies.

A copy of the answer to the complaint shall be attached thereto, which shall be delivered to the plaintiff.

ART. 1623. If the parties should agree upon the facts, the judge shall order the record to be brought before him, without further proceedings, citing the parties for judgment.

The provisions contained in article 755 shall be applicable to this

case.

ART. 1624. Should the parties not agree as to the facts, evidence shall be taken in the case with regard to the facts upon which there is a disagreement, and the proceedings shall be continued until judgment is rendered, according to the procedure established for incidental issues, the provisions of articles 752 to 757, inclusive, being observed.

ART. 1625. The judgment rendered may be appealed from for a review and for a stay of proceedings, and the second instance shall also be heard and determined according to the procedure prescribed for appeals from incidental issues.

ART. 1626. As soon as the judgment allowing the redemption becomes final, a record shall be made in the registry of property of the agreement entered into in any of the cases mentioned in subdivisions 4, 5, and 6 of article 1616, a mandate in duplicate to the register being issued for the purpose, which official shall return one of the copies, with a memorandum to the effect that it has been complied with, which shall be attached to the record.

ART. 1627. The purchaser defeated in the action may at any time. release the plaintiff from the charge mentioned in subdivisions 4, 5, and 6 of article 1616.

ART. 1628. If the defeated purchaser should agree thereto, or upon the expiration of the period mentioned in article 1616, the judge shall issue another mandate for the cancellation of the entry of the agreement of the plaintiff made in the registry of property.

In actions for redemption the complaint may be presented without prior proceedings for a compromise being held, it being sufficient that said conciliation be attempted when the hearing is held.-Decision of January 11, 1860.

The taking of evidence is proper even when there is an agreement upon the facts, if it should tend to prove malicious concealment.-Decision of November 10, 1886.

Any alienation made before the expiration of the respective period shall be null and void, and the redemption shall also be so, if said purchaser should request it.

TITLE XX.-SUMMARY PROCEEDINGS RELATING TO PROPERTY.

ART. 1629. Summary proceedings relating to property can only be instituted:

1. To acquire possession.

2. To retain or recover possession.

3. To prevent a new construction.

4. To prevent that damage be caused by a ruinous construction." ART. 1630. The cognizance of summary proceedings relating to property pertains exclusive to the ordinary jurisdiction.

SECTION I.-SUMMARY PROCEEDINGS TO ACQUIRE POSSESSION.

ART. 1631. In order that summary proceedings to acquire possession may be instituted, it shall be an indispensable requisite that no person be in the possession as owner or usufructuary of the property whose possession is requested.

ART. 1632. A true copy of the testamentary disposition of the deceased whose property is involved in the summary proceedings shall be presented with the petition, or, if the deceased should have died intestate, the declaration of heirship made by the competent judicial authority.

ART. 1633. When the possession is to be based upon a title different from those mentioned in the foregoing article, the proceedings shall conform to the procedure established in title 14 of the first part of Book 3 of this law.

ART. 1634. The plaintiff shall request in the petition that the summary evidence of witnesses be taken for the purpose of establishing the fact that the property whose possession he claims is not in the possession of any other person either as owner or usufructuary.

ART. 1635. After the evidence referred to in the foregoing article has been taken, the judge shall render a decision granting the posses

a Orders issued in summary proceedings relating to property are not final, nor do they produce the exception of res judicata.—Decision of June 14, 1864. The provisions contained in this title are not applicable to ordinary actions.Decision of June 6, 1865.

See article 446 of the Civil Code.

In accordance with article 694 of the former law, in order that summary proceedings to acquire possession could be instituted, it was necessary to present a sufficient title to acquire the possession, and that no person was in possession of the property involved as an owner or usufructuary. At the present time these proceedings can be instituted only by virtue of testamentary or intestate heirship of the property the possession of which is requested. And if it should be desired to acquire the possession by virtue of another title it will be necessary to prove the same and the entry thereof in the registry of property in accordance with article 2056. The supreme court had already established that a decision rendered in summary proceedings granting the possession of a thing, in accordance with articles 694 to 700 of the law of civil procedure of 1855, can be opposed only by the person prejudiced thereby, according to the means established by articles 702 et seq. (1642 et seq. of the new law), without it being permissible in any case to institute against this possession summary proceedings to recover possession, not even by the person having a legitimate title and true possession. Decision of February 5, 1870.

sion requested, without prejudice to the better right of a third person, or refusing to grant the same.

The decision refusing to grant possession may be appealed from for review and for a stay of proceedings.

ART. 1636. After the decision granting the possession has been rendered, possession shall be given to any of the property in question, in the name of all the other property, by a bailiff, who shall be granted a commission for the purpose, and before the court clerk.

The said court clerk shall issue the necessary notices to the lessees, tenants, depositaries, or administrators of the other property, in order that they may acknowledge the new possessor, who, at once or later, may designate the persons upon whom said notices are to be served.

ART. 1637. The person who shall have obtained possession shall be given, if he requests it, a transcript of the decision granted the possession and of the proceedings had for the fulfillment of said decision.

ART. 1638. After the possession has been given, the judge shall order that the decision granting the same be published by edicts which shall be posted at the customary places of the town where the court is situated, and they shall be inserted in the official bulletins of the province, where there are such, or, in their absence, in the Gaceta of the General Government."

ART. 1639. After the expiration of forty days from the date of the publication of the decision in accordance with the provisions of the foregoing article, if no person should appear and claim the property, the person who has acquired possession shall be confirmed therein, and no claim against possession shall be allowed thereafter. An action in rem shall be the only remedy left to the person who believes himself injured, and during the course of this action the person who has acquired possession must be maintained therein.

ART. 1640. Objections made to the possession during the aforementioned period shall be attached to the record, and upon the expiration of forty days it shall be delivered to the person who has obtained possession, in order that he may make answer thereto or state what he may deem proper within six days, upon the expiration of which the record shall be recovered without the necessity of judicial compulsion.

ART. 1641. After the document referred to in the foregoing article has been presented, to which there shall be attached as many copies as there may be claimants, or after the record has been recovered, the judge shall issue an order ordering that said copies be delivered to the persons mentioned and that the parties be cited to appear at an oral action, for the holding of which the nearest day possible shall be fixed.

ART. 1642. The counsel for the parties may appear at the oral action.

After the petitioners, in their order, have presented their claim to the property, and after the person who has obtained possession has

a The decision referred to need not be made public in any other manner than that specified.-Decision of March 4, 1887.

In no manner whatsover is the benefit of restitution in integrum proper in this case, for the purpose of annulling the decision granting the possession, because the prejudice, if there has been any, may be corrected by an ordinary action.--Decisions of January 14, 1864, and others.

answered them, both parties shall submit the evidence which they may deem proper, and which may be depositions, documents, or of witnesses. After the judge has admitted such evidence as he considers pertinent it shall be heard at once and the documents shall be attached to the record,

A record of the result of the proceedings shall be drafted, which shall be signed by the judge, the persons interested, the witnesses who may have been examined, and the court clerk.

ART. 1643. If any of the evidence submitted and allowed should have to be taken beyond the place where the proceedings are being held, the judge shall issue the orders which may be proper for the purpose, and may continue the action to the nearest possible date.

ART. 1644. Upon the conclusion of the oral action, and within the three days following, the judge shall render judgment in which he shall confirm the possession of the party who has obtained it, or grant it to the claimant having a better right thereto, together with all its consequences, and annul that formerly granted.

In the latter case, if it should appear that the person who instituted the summary proceedings should have acted with fraud, he shall be adjudged to pay the costs and to indemnify any losses or damages which may have been incurred.

Said judgment may be appealed from for review as well as for a stay of proceedings."

ART. 1645. As soon as the judgment acquires a final character, the execution of its provisions shall be proceeded with.

When by virtue thereof possession is to be given to the claimant it shall be carried out in the manner prescribed in article 1636.

ART. 1646. If there should be an adjudgment upon costs, the costs shall at once be taxed and approved.

ART. 1647. If there should be an adjudgment of profits or losses and damages, the amount thereof shall be fixed in an oral action, in which the judge, taking into consideration the allegations of the parties and the evidence they submit, shall determine the amount to be paid.

There shall be no remedy whatsoever against this declaration, the parties reserving their rights to present in an ordinary action the claims which they may deem proper.

ART. 1648. After the amount of the costs, profits, or losses and damages is known, they shall be recovered in the manner prescribed in the proceedings for judicial compulsion after an executory action.

SECTION II.-SUMMARY PROCEEDINGS TO RETAIN OR RECOVER POSSESSION.

ART. 1649. Summary proceedings to retain or recover possession shall lie when the person who is in possession or in the tenancy of a

a The indemnification of losses and damages is governed by this article and the citation for the purpose thereof and of annulment of judgment, of Law 39, Title 28, Partida 3, is not proper.-Decision of October 7, 1882.

If a person has been deprived of the possession of his property by reason of the summary proceedings instituted by the administrator of another estate without the consent of the latter, this lack of consent does not prevent that when restitution to the first person is decreed in a declaraory action, the payment of losses and damages with all its consequences be ordered.-Decision of July 8, 1885. See articles 446 and 1968, subdivision 1, of the Civil Code.

thing has been disturbed therein by acts that show the intention of molesting or dispossessing said party, or when said party has already been disseized of his possession or tenancy.

ART. 1650. In the complaint, to which shall be attached a copy drafted on ordinary paper, evidence shall be offered to prove:

1. That the claimant or his representative is in the possession or tenancy of the property.

2. That he has been molested or disturbed in said possession or tenancy, or that he has good reasons to believe that he will be so molested or disturbed, or that he has been deprived of said possession or tenancy. There shall be clearly and precisely stated the overt acts of said disturbance, or of the attempt to commit said disturbance, or of the dispossession, and the plaintiff shall state, furthermore, whether the acts were committed by the defendant, or by some other person at the instance of said defendant.

ART. 1651. The judge shall admit the complaint and order that evidence be taken, if it shall appear that said complaint was presented before the expiration of one year from the date of the commission of the acts which are the cause of said complaint.

If the complaint should be presented after said period, the judge shall declare that said complaint can not be admitted, but shall reserve to the plaintiff the right to exercise his cause of action in the action. which may be proper.

This ruling may be appealed from both for review and for a stay of proceedings, and after the appeal has been allowed the record of proceedings shall be transmitted to the superior court with a summons only of the person who may have instituted the summary proceedings. ART. 1652. If the testimony should establish the two issues referred to in article 1650, the judge shall order the parties to be cited to appear in an oral action, for the hearing of which he shall set a day and hour within the eight days following; but three days, at least, must intervene between the hearing and the citation of the defendant, to whom a copy of the complaint shall be delivered at the time the citation is served upon him.

The judge of competent jurisdiction in summary proceedings to retain possession is the judge of the place where the property involved is situated.Decision of January 5, 1872.

For the purposes of these summary proceedings quasi possession is included in the word possession.-Decision of December 31, 1879.

Ayuntamientos may confirm the possession of public easements belonging to the municipalities, provided that one year and a day have not elapsed since the disturbance of possession.-Decision of February 8, 1873.

This law has abolished the difference of procedure between summary proceedings to recover and to retain possession, to which the former law devoted two distinct sections; and it orders, furthermore, that the person causing the dispossession be cited and heard before a decision is rendered. This prescription is very just, and renders null the power granted to the plaintiff to demand and obtain a decision in the summary proceedings to recover possession without hearing the defendant, in which case it could not be said that Law 2, Title XXXIV, Book 11, of the Novisima Recopilación had been violated.-Decision of March 3, 1880.

Lessees defend themselves in their own right when they institute summary proceedings against the persons who, instead of making use of legal measures. violently dispossess them from the tenancy of leased estates; and, therefore, the personal capacity necessary to institute said proceedings can not be denied them. Decision of June 25, 1880.

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