ART. 1653. The defendant shall not be allowed to file any petition the purpose of which is to impugn the complaint or any claim which may delay the hearing of the action.

ART. 1654. For the hearing of the oral action the provisions of articles 1642 et seq. shall be observed, and it shall be held, even if the defendant should fail to appear.

Only such evidence shall be admitted which relates to the two issues mentioned in article 1650, and the judge shall reject, subject to his personal liability, any evidence immaterial to said issues.

ART. 1655. Upon the day following the termination of the action the judge shall render judgment as to whether or not the summary proceedings are proper. Should the decision be in the negative, the plaintiff shall be adjudged to pay the costs.

The decision may be appealed from for review and for a stay of proceedings."

ART. 1656. In the judgment which declares that summary proceedings lie on account of the plaintiff having been disturbed or molested in his possession or tenancy, or because he has good reason for believing that he will be so disturbed or molested, it shall be ordered that he be maintained in possession, and the disturber shall be required to abstain from committing similar acts, or others manifesting the same intention, with the warning which may be proper according to law. all the costs being imposed upon the defendant.

In the judgment which declares that summary proceedings are proper because the plaintiff has been dispossessed of his possession or tenancy, it shall be ordered that he be immediately revested in said possession or tenancy, and the person causing the dispossession shall be adjudged to pay all the costs, losses, and damages, and to return the profits which he may have received.

In either case the judgment shall contain the clause" without prejudice to a third person," and the parties shall have all rights reserved to them which they may have with regard to the ownership or definite possession of the property, and which they may enforce in the proper

action.

ART. 1657. From the judgment declaring that summary proceedings are proper an appeal lies both for a stay and review of the proceedings, after the steps ordered to maintain or revest the plaintiff in his possession have been complied with; but the execution of all other matters relating to costs and the return of profits, losses, and damages shall be held in abeyance until said judgment acquires a final character.

ART. 1658. If the judgment declaring that summary proceedings are proper should be affirmed by the superior court after the record has been returned to the lower court, the judgment shall be executed at once in regard to all matters which have been held in abeyance. If the judgment admitting or denying the summary proceedings should be reversed, that of the superior court shall be enforced in accordance with its terms.

ART. 1659. The costs shall be taxed in the ordinary manner.

a In summary proceedings relating to possession a citation for judgment is not necessary, because it is not established in the special procedure prescribed in the law, and the omission of such action is not, therefore, a cause for annulmeat.-Decision of May 24, 1880.

The amount of the losses and damages and of the profits shall be fixed by the judge without further remedy, according to the procedure prescribed in article 1647.

In order to collect the same, after the amount thereof has been fixed, the compulsory process established for executory actions shall be resorted to.

ART. 1660. The documents which may have been presented shall be returned to the parties requesting it upon their receipting therefor, and a memorandum shall be included in the record of their date, the makers thereof and their purpose, and, if the documents be public, of the archives in which the originals are filed.

SECTION III.-SUMMARY PROCEEDINGS BASED UPON A NEW CONSTRUCTION.

ART. 1661. After the complaint in summary proceedings based upon a new construction has been filed, the judge shall issue an order restraining the owner of the construction from continuing the same, under an admonition to destroy what is being built, and citing the parties interested to appear at an oral hearing upon the nearest day possible after the three days following the notification of said injunction, and to present thereat the documents upon which they base their contentions.

A copy of the complaint must be attached to the same, drafted on ordinary paper, which shall be delivered to the defendant when the citation is served upon him."

ART. 1662. The injunctions shall at once be served upon the owner of the construction, if he be found at the same, and otherwise upon the manager or person in charge thereof, and, in the absence of the latter, upon the workmen, in order that the labors may be suspended at

once.

For the purpose of having this order complied with, a bailiff shall remain at the place where the construction is being erected until the workmen have left the same.

ART. 1663. The owner of the construction may request that he be allowed to perform such work as may be absolutely necessary to preserve whatever may have been erected. The judge shall grant said permission without hearing any arguments (de plano) summarily, if he deems it proper.

There shall be no remedy against this decision.

ART. 1664. The oral action shall be conducted in the manner prescribed in articles 1642 et seq., the persons interested being allowed to present the documents upon which they base their respective

contentions.

ART. 1665. The judge may order, in furtherance of justice, an ocular inspection of the construction, for which purpose he shall appoint an expert, if he considers it necessary.

At said inspection, which must take place within the three days following the conclusion of the oral action (unless an insuperable

a The judgment rendered in summary proceedings based upon a new construction does not decide the question, which can be subsequently discussed in an ordinary action, relating to the right to continue the erection of the construction involved.-Decision of November 26, 1864.

cause should require a greater delay), the parties interested may be present, accompanied by their counsel and by an expert of their own choice, should they deem it advisable.

The expert appointed by the judge can not be challenged, although the parties may state the reasons they have for doubting his impartiality.

The proper minutes shall be made of the action as well as of the inspection, with the results thereof, which shall be signed by all the parties present.

ART. 1666. Within the three days following the conclusion of the oral action, or the inspection, in a proper case, the judge shall render his decision.

The decision raising the injunction may be appealed from both for review and for a stay of proceedings, and that affirming the injunction may be appealed from for review only.

ART. 1667. The decision ratifying the injunction shall be enforced at once, without waiting for the expiration of the period within which to appeal.

For such purpose the court clerk shall proceed to the place where the constructon is being erected, and shall make a memorandum of the state, height, and other conditions of said work, admonishing the defendant that any subsequent erection will be demolished at his cost.

ART. 1668. After the proceedings mentioned in the foregoing article have been fulfilled, if the judgment should be appealed from, the record of the proceedings shall be forwarded to the audiencia with the proper service of summons upon the parties.

ART. 1669. As soon as the judgment ratifying the suspension becomes final, the owner of the construction may request that the right to continue said work be adjudged to him.

This petition shall be heard and determined according to the procedure prescribed for the proper declaratory action, and shall be referred to the person who instituted the summary proceedings, without the necessity of a summons, nor of proceedings to avoid litigation (acto de conciliación).

ART. 1670. The owner may also request that he be authorized to continue the construction, on account of the serious losses which he suffers through the suspension thereof, giving security to answer for the demolition of the construction and for the indemnification of losses and damages, should he be adjudged to pay the same.

This petition shall not be admitted, unless filed at or after the time of the presentation of the main petition referred to in the foregoing article.

ART. 1671. The incidental petition requesting authority to continue the construction shall be heard and determined in accordance with the procedure prescribed for incidental issues, in a separate record or in the same main record, at the election of the petitioner.

ART. 1672. The judge shall grant the authority to continue the construction if, in his opinion, serious losses would be suffered by the suspension thereof.

A decision denying said authority may be appealed from both for review and a stay of proceedings.

The decision granting it may be appealed from for review only, and it shall be executed as soon as the owner of the construction

furnishes the security mentioned in article 1670, to the satisfaction of the judge.

ART. 1673. The person who has instituted the summary proceedings may, in the proper declaratory action, assert such rights as he may consider himself entitled to for the purpose of securing the demolition of the construction, if the decision rendered should have been adverse to his claims, or to demand the demolition of what has been previously erected, if the injunction should have been made final.

SECTION IV.-SUMMARY PROCEEDINGS AGAINST RUINOUS CONSTRUCTIONS.

ART. 1674. Summary proceedings against ruinous constructions may have two objects:

1. The adoption of urgent measures of precaution for the purpose of avoiding the dangers which may arise from the bad condition of some building, tree, column, or any other similar object, the fall of which may cause injury to persons or property.

2. The total or partial demolition of a ruinous construction. ART. 1675. Said proceedings may be instituted only by—

1. Persons owning contiguous or adjoining property, which may be damaged or injured by such ruinous construction.

2. Persons who are under the necessity of passing in the immediate vicinity of the building, tree, or construction, liable to cause injury. ART. 1676. By necessity is understood, for the purposes of the foregoing article, that which, in the opinion of the judge, can not be abandoned without depriving the complainant of the exercise of a right, or injure his interests, or serious inconvenience.

ART. 1677. If the object of the summary proceedings should be the adoption of urgent measures for securing safety, the judge shall order an examination of that which is threatening to collapse, which he shall immediately make in person, accompanied by the court clerk and by an expert whom he shall appoint for the purpose.

The proper minutes shall be made of the judicial inspection, in which shall be included the report of the expert, and, without delay. the judge shall render a decision ordering that the measures be taken which he may deem necessary to temporarily and promptly secure the proper safety.

The execution of these measures shall be compulsory upon the owner of the ruinous construction, his manager or agent, and, in their absence, upon the lessee or tenant, who shall have the right to deduct the amount expended from the rent or lease price. In the absence of all these persons the plaintiff shall pay the costs, and he shall be entitled to reimbursement of said costs from the owner of the construction, according to the procedure established for judicial compulsion in executory actions.

ART. 1678. The judge may deny the measures of precaution prayed for, if the urgency thereof should not be apparent from the inspection made with the expert.

ART. 1679. No appeal shall lie from the decision of the judge granting or denying the urgent measures of precaution.

ART. 1680. If the object of the summary proceedings should be the demolition of some ruinous construction, the judge shall order that the parties be summoned to appear in an oral action, with the urgency

which may be required by the case, which may be attended by their respective counsel. He shall hear their allegations and witnesses, and shall examine the documents which they may present, attaching them to the record of the proceedings.

The proper minutes shall be made of this action, which shall be subscribed by all those who have attended the same."

ART. 1681. If the judge should deem it necessary, in view of the result of the action, he may himself make an inspection of the work. accompanied by an expert whom he shall appoint for the purpose. The parties in interest may attend this inspection, if they so desire, accompanied by their counsel and by experts of their choice.

The proper minutes shall also be made of this inspection, which shall be subscribed by all those present.

ART. 1682. Within three days after the termination of the oral action, or of the inspection, in a proper case, the judge shall render judgment, which may be appealed from both for review and for a stay of proceedings.

ART. 1683. If the demolition should be ordered and the urgency thereof should appear from the action and inspection, the judge must, before transmitting the records to the audiencia, on his own motion. order and enforce the execution of the measures of precaution which he may deem necessary, including the demolition of a portion of the construction, if said demolition can not be delayed without serious and imminent danger, observing for this purpose the provisions contained in the last paragraph of article 1677.

TITLE XXI.-APPEALS FOR ANNULMENT OF JUDGMENT."

SECTION I.-THE COURT COMPETENT TO TAKE COGNIZANCE OF APPEALS FOR ANNULMENT OF JUDGMENT.

ART. 1684. The cognizance of appeals for annulment of judgment pertains exclusively to the supreme court.

ART. 1685. The first chamber shall take cognizance of appeals for annulment of judgment by reason of a violation of law or legal doctrine.

ART. 1686. The third chamber shall take cognizance and decide: 1. Upon the admission of appeals for annulment of judgment by reason of a violation of law or legal doctrine.

2. Appeals interposed for breach of form.

a See civil order No. 92, Headquarters Division of Cuba, in Appendix. See in appendix the royal decree of August 29, 1893, as well as the Cuban civil order mentioned, modifying the organization of the supreme court, thus amending a large number of the provisions of this title.

An appeal for annulment of judgment does not lie from the more or less pertinent bases of judgments nor from the reservation of rights contained in the same, especially if the reservation is favorable to the appellant.-Decision of May 14, 1884.

The supreme court has repeatedly declared that a question not argued in the action nor decided by the judgment, can not be the object of an appeal for annulment of judgment.-Decision of May 19, 1884.

An error in a judgment which consists in a simple arithmetical mistake can not be the basis for an appeal for annulment of judgment.—Decision of January 26, 1889.