Should he not make these appointments, or if the persons designated should not accept the same, they shall be appointed ex officio. ART. 1709. After the certificate referred to in the foregoing article. has been received by the supreme court, the admission chamber shall order, if the appellant should have appointed an attorney and a solicitor, that they be required to state whether or not they accept the defense and representation.

If they should answer in the affirmative, the certificate shall be delivered to the solicitor, in order that, within a period of twenty days, he may file the appeal for annulment of judgment."

ART. 1710. If the person interested should not have appointed an attorney or solicitor, or if the latter should not have appeared on his behalf with a proper power of attorney, after ten days following the transmission of the certificate by the audiencia, the chamber of the supreme court shall order that the deans of the respective colleges. appoint such persons whose turn it is to be given the same. The same order shall be issued if those appointed by the party interested, or any of them, should refuse to accept the appointment.

ART. 1711. After the attorney and solicitor have been appointed, the chamber shall order that a certified copy of the judgment be delivered to the latter, in order that, within the period of twenty days, he may present the appeal, authorized with the signature of the attorney.

ART. 1712. If the attorney appointed by the party or ex officio should not consider that an appeal lies, he shall so state in writing, but without giving the reasons for his opinion, within a period of three days. In such case a new attorney shall be appointed within the two days following, and if he should concur in the opinion of the first attorney, a third one shall be appointed. The provisions affecting the first attorney shall be obligatory for the other two.

• According to this article an appeal by reason of violation of law must be filed within the period of twenty days, which shall begin to be counted from the date following that of the notification of the order by which the delivery of the record for the purpose of preparing the appeal was ordered, and therefore an appeal filed after the termination of said period is not admissible.-Decision of June 8, 1888.

The period within which to interpose an appeal for annulment of judgment by reason of a violation of law, in case that the appellant appears as a poor person and the certificate of the judgment, therefore, was transmitted ex officio, is twenty days, counted from the date of the notification of the order, as is specifically prescribed by this article, for which reason an appeal filed outside of the aforementioned period of twenty days is not admissible according to the provisions of article 1727, subdivision 1, and article 1726.—Decision of September 27, 1888.

After an attorney and a solicitor have been appointed er officio for the appellant, as prescribed in this article, the appeal interposed can not be admitted after the expiration of the twenty days fixed for the purpose.—Decision of November 7, 1883.

The period of twenty days begins from the day following that on which the certificate is ordered delivered to the solicitor.-Decisions of August 21 and December 4, 1884.

After the certified copy of the judgment has been delivered to the counsel of the poor litigant appointed ex officio, it is necessary that the appeal be filed within a period of twenty days, counted from the day following that of the notification of the order which orders the delivery of the record to the solicitor; otherwise the appeal shall not be allowed.-Decisions of January 5 and 28 and February 26, 1885.

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The attorney who does not return the record within three days and state his opinion that an appeal would not be well taken, is bound to file said appeal within the period prescribed in the foregoing article.

ART. 1713. If the three attorneys should concur in the opinion that no appeal lies, the record shall be transmitted to the representative of the department of public prosecution, in order that he may file the appeal within a period of ten days, if he considers that said appeal legally lies; otherwise he shall return the record marked " Examined " (visto).

In the latter case the chamber shall declare that the appeal does not lie, and shall communicate this decision to the audiencia, returning the abstract.

SECTION IV.-INTERPOSITION AND ADMISSION OF AN APPEAL FOR VIOLATION OF

LAW OR OF DOCTRINE.

ART. 1714. The party obtaining the certified copy of the judgment shall file the appeal for annulment of judginent in the admission chamber of the supreme court within a period of sixty days, which period shall begin to be counted from the day following that of the delivery of the certificate.

Upon the expiration of this period the judgment shall become final, and the appeal shall not be admitted even though no entry of default has been requested by the opposite party.

ART. 1715. As soon as a solicitor sufficiently empowered appears, stating that he intends to file an appeal for annulment of judgment, the chamber shall order that he be considered a party to the action, and that the record, with a certificate of the reserved votes and the abstract, be delivered to him, if he should so request."

ART. 1716. To the appeal shall be attached

1. The power which shows that the solicitor is the legal representative of the party, unless he has been appointed ex officio or unless he has previously presented the same."

a The period of twenty days must be counted from the day following the notification of the order by which the record was ordered delivered to the solicitor, and not from the day on which an order is issued to file the appeal by reason of the record being returned outside of the legal period.-Decision of May 13, 1886.

The appeals for a violation of law or breach of form instituted by persons declared poor can not be interposed by an attorney appointed by the appellant when the record has already been referred to the three attorneys ex officio and the period for the summons has already expired, because it would be a retrogression in the proceedings.--Decision of September 26, 1884.

An appeal signed only by the attorney and solicitor of the party and not by the party interested can not be acted upon.-Decision of May 24, 1882.

The omission of the presentation of the power of attorney by the solicitor renders the admission of the appeal for annulment of judgment impossible, unless said solicitor has been appointed ex officio or has presented said power before in the same proceedings. The absence thereof can not be made good by the statement of the solicitor to the effect that his representation was proven in the proceedings had before the audiencia, because the law requires that the power of attorney be presented in the proceedings had in the appeal.-Decision of April 10, 1886.

When some litigants are declared poor, but the solicitor who appears for them has not been appointed ex officio or apud nacta, the appeal can not be allowed if the proper power of attorney executed by said parties is not presented, because their personal capacity is not proven.—Decisions of June 22 and July 22,

2. Certified copy of the judgment."

3. The document showing that the deposit referred to in articles 1696 and 1697 has been made when it is necessary.

4. In actions of unlawful detainer, when the lessee or tenant is the appellant, he shall also present the document showing the payment or deposit of the rental, in accordance with the provisions of article 1564. 5. As many copies of the appeal, drafted on ordinary paper, signed by the solicitor, as there are other litigants who may have been summoned in the person of their solicitors.

These copies shall be delivered to said parties when their appearance becomes of record.

ART. 1717. If the document mentioned in subdivision 3 of the foregoing article should not be presented, and, in a proper case, that mentioned in subdivision 4, the appeal shall be ordered returned to the appellant.

ART. 1718. The paragraph of article 1690 upon which the appeal is based shall be stated in the petition, and the law or legal doctrine alleged to have been violated shall be precisely and clearly cited, as well as the manner in which the violation occurred.

If there should be two or more bases or reasons for the appeal, they shall be stated in separate and numbered paragraphs.

ART. 1719. The appellants for annulment of judgment shall establish before the audiencia that they have prepared the appeal in the supreme court within the legal period. This shall be done within the period of forty-five days from the day following the expiration of said legal period.

Should they not do so, the audiencia shall order, at the instance of a party, that the judgment appealed from be executed.

ART. 1720. After the appeal for annulment of judgment for violation of law or of legal doctrine has been interposed in the proper manner and at the proper time, the record shall be transmitted to

In order that the supreme court may decide as to whether an appeal has been interposed in time or not, it is necessary that in the certificate of the judgment the notification of the same be inserted in full or in brief, as well as the petition for the certificate and the order granting the same. Decision of May 19, 1885.

An appeal can not be allowed when the document is not presented showing that the deposit has been made, nor the certified copy of the declaration of poverty, although it should appear from the record that proceedings therefor have been instituted.--Decision of June 18, 1886.

In order that the appellant may be excused from the obligation of making the deposit, it is not sufficient that he has instituted proceedings to secure a declaration of poverty, but it is necessary that this declaration has already been made. Decision of May 14, 1886.

As the Supreme Court has repeatedly declared, the citation of laws and doctrine as violated can not be taken into consideration for the purposes of an appeal for annulment of judgment when it is not stated in what manner the violation has occurred; and, therefore, vague citations can not serve as a basis for an appeal for annulment of judgment.-Decision of June 7, 1884.

It is impossible to determine whether the doctrine violated is or is not applicable to a specific case if the manner in which it is supposed to have been violated is not stated.-Decision of July 2, 1886.

Although an appeal for annulment of judgment does not lie from the considerandos of judgments, this is understood when the adjudging part thereof is based upon other findings and does not violate any of the laws cited against said considerandos.-Decision of July 2, 1887.

the fiscal for a period of ten days, in order that he may give his opinion as to whether or not the appeal lies.

ART. 1721. If the fiscal should be of the opinion that the appeal lies, he shall return the record endorsed "examined" (vistos).

If he is of the opinion that the appeal in toto or in part does not lie, being included in one of the cases mentioned in article 1727, he shall state in a written argument the legal grounds upon which he bases his opinion.

The secretary shall give a literal copy of this opinion drafted on ordinary paper to the appellant, and also to the appellee, if the latter's appearance is of record or should be of record before the day of the hearing.

ART. 1722. Upon the return of the record by the fiscal it shall be referred to the justice ponente for six days, in order that he may prepare the case and orally submit it, together with such decision as he may deem proper, to the deliberation of the chamber.

ART. 1723. If in the opinion of the fiscal the admission of the appeal was not proper because he considered it included in one of the cases mentioned in subdivisions 1 and 2 of article 1727, the chamber shall, without further proceedings, decide what it may deem proper.

With the exception of this case, if the fiscal should deem the admission improper in toto or in part the chamber shall fix a day for a hearing upon the admission, citing the said fiscal and the parties whose appearance is of record.

A similar order shall issue when, in view of the report of the ponente, there might be, in the opinion of said chamber, doubts as to the admissibility of the appeal which requires a fuller examination.

If there should not be such a doubt in the opinion of a majority of the chamber, it shall at once render its decision, admitting the appeal without a public hearing or citation of the parties.

ART. 1724. For the hearing and decision upon the admission of an appeal the chamber shall be constituted in the manner prescribed in article 1741, even in the case mentioned in the last paragraph of the foregoing article.

ART. 1725. The representative of the department of public prosecution shall attend the hearing, if he deems it proper, as well as the attorneys for the parties.

The proceedings shall begin with a reading of the judgment upon which the appeal is based and the reasons for an annulment.

The attorney for the appellant shall first state his case, followed by the attorney for the appellee, and finally by the representative of the department of public prosecution, if present.

The statements shall be confined to the specific question as to whether or not the appeal lies, or to the reasons advanced by the fiscal, without the presiding judge allowing the question of principle to be discussed thereat.

ART. 1726. Within ten days after the hearing, the chamber shall render a decision as to whatever it may deem proper. This decision shall contain one of the following three declarations:

First. That the appeal does not lie, adjudging the costs against the appellant and ordering the deposit to be returned to him.

This decision shall be communicated to the proper audiencia, with a return of the abstract.

Second. That the appeal be admitted, ordering that the record be transmitted to the first chamber.

Third. That the appeal be admitted with regard to the grounds which the chamber deems admissible, and that no appeal lies with regard to the other grounds, and ordering that the record be transmitted to the first chamber.

ART. 1727. The first of the declarations mentioned in the foregoing article shall be rendered

1. When the certificate was requested or the appeal interposed outside of the periods respectively fixed in articles 1698, 1709, 1711, and 1714.

2. When the documents mentioned in the first four subdivisions of article 1716 have not been presented, or the power of attorney should be insufficient, or the deposit should not have been made in accordance with the provisions contained in articles 1696 and 1697."

3. When the judgment is not final or is not subject to an appeal for annulment of judgment, on account of the character or import of the action in which it may have been rendered, in accordance with articles 1688. 1692, and 1693,

4. When the laws alleged to have been violated and the manner in which they have been violated have not been cited with precision and clearness.c

"When the appellant lacks personal capacity, it is not necessary to examine the violations which he alleges to have been committed.-Decision of October 23, 1884.

In accordance with article 1796, a person who desires to interpose an appeal for annulment of judgment, if he has not been declared a poor person. must make the deposit of 1.000 pesetas when the judgments agree in all particu-, lars. Decision of April 14, 1887.

Should the proper deposit not accompany an appeal interposed, when said deposit is necessary, as is the case when a judgment rendered in first instance is appealed from by a person who has not been declared poor to litigate, the appeal can not be admitted in accordance with the provisions of articles 1726 and 1727, subdivision 2.-Decision of April 5, 1888.

When the appellant has not obtained a declaration of poverty nor attaches to the appeal the document showing that he has made the deposit in accordance with the provisions of articles 1716 and 1696, the admission is not proper in accordance with the provisions of subdivision 2 of article 1727.-Decision of June 20, 1888.

A decision rendered upon an issue incidental to interstate proceedings, which is limited to the retention of some property, is not definite, because it does not terminate the proceedings nor prevent the appellant from instituting the proper declaratory action for the purpose of asserting his rights.-Decision of April 19, 1887.

The admission of the appeal is not proper upon questions not discussed in the action. Decision of May 9, 1887.

Appeals for annulment of judgment for breach of form must not be interposed until after the final judgment has been rendered.-Decision of June 24, 1887. A decision containing the declaration of poverty of a litigant, does not terminate the proceedings in question, but on the contrary, it facilitates the continuation thereof; therefore, an appeal for annulment of judgment does not lie, in accordance with subdivision 3 of article 1727.-Decision of September 29, 1887. The appeal can not be admitted when the citation of article 1692 is entirely omitted and when, in addition, it is not stated in what manner article 1400 was violated, the only legal provision which is pleaded to obtain the annulment of the judgment and which, by reason of its containing five paragraphs, necessarily required the determination prescribed by law. Decision of October 5, 1888.

When, in addition to the noncitation of the law upon which the appeal is based, the manner in which it was violated is also omitted, the appeal can not be acted upon in accordance with subdivision 4 of article 1727.-Decision of November 18, 1887.