mentioned in the summons, the chamber shall order that the record be delivered to the relator for the preparation of the abstract.

ART. 1759. After the abstract has been made the chamber shall order that it be delivered with the record to the parties for examination in their order to each for a period of ten days.

ART. 1760. On returning the record the parties shall state their agreement to the abstract, or shall propose the additions or corrections which they may consider necessary.

ART. 1761. After the abstract has been agreed to by the parties, or after such changes have been made therein as the chamber may consider proper, and after the justice ponente has been heard, the chamber shall declare the record closed and shall order that it be brought before it and the parties in interest be cited to appear.

ART. 1762. In the hearing of these remedies the provisions prescribed in articles 1739, 1740, and 1741 shall be observed without change, except that it shall begin with the reading of the abstract, followed by the arguments of the attorneys of the parties in their proper order.

ART. 1763. Judgment shall be rendered within a period of ten days, counted from the day following that of the hearing.

ART. 1764. In decisions allowing appeals for annulment of judgment the deposit shall be ordered returned to the appellant and the record to the proper audiencia, in order that the record be placed as it was when the error was committed, and that it hear and determine or have the matter heard and determined in accordance with law.

The proper punishments and admonitions shall also be ordered, according to the gravity of the violation.

ART. 1765. When it is declared that no appeal lies, the appellant shall be judged to pay the costs and to lose the deposit, should he have made any.

SECTION VII.-APPEALS FOR BREACH OF FORM AND AT THE SAME TIME FOR VIOLATION OF LAW OR DOCTRINE.

ART. 1766. Persons wishing to interpose an appeal for annulment of judgment for breach of form, and at the same time for violation of law or doctrine, shall prepare the appeal relating to breach of form according to the provisions prescribed in articles 1747, 1748, and 1749.

In a supplementary clause said parties shall formally state their intention of interposing, in due time and in a proper case, before the supreme court the appeal relative to the violation of law or legal doctrine.

ART. 1767. For the admission, hearing, and determination of the appeal for breach of form, the provisions of articles 1750 et seq. shall be observed.

ART. 1768. If the third chamber of the supreme court shall declare that no appeal lies for breach of form, it shall order, if the statement mentioned in the second paragraph of article 1766 has been made, that the record be delivered to the appellant in order that, within the precise period of twenty days, which shall begin to be counted from the day following that of the notification of the order, said petitioner may present the appeal for annulment of judgment for violation of law or of legal doctrine according to the provisions of article 1718.

ART. 1769. Before delivering the record to the appellant for the purposes mentioned in the foregoing article, should the respondent so request, the costs incurred in the appeal denied shall be taxed and the taxation approved, for which purpose a separate record shall be prepared if necessary, and the deposit for said appeal shall be distributed as provided for in article 1790.

Otherwise said taxation shall be made after the termination of the appeal for violation of law.

ART. 1770. The document proving that the deposit mentioned in articles 1696 and 1697 has been made, if the case is not one of those excepted, shall be attached to the appeal; otherwise said instrument shall be ordered returned to the party presenting the same."

ART. 1771. The appeal shall be admitted, heard, and determined according to the provisions prescribed in articles 1720 et seq.

SECTION VIII.-APPEALS FROM DECISIONS RENDERED BY AMICABLE COMPOUNDERS.

ART. 1772. With the appeal for annulment of judgment from decisions of amicable compounders shall be presented:

1. A certified copy of the compromise.

2. A certified copy of the judgment and of the notice thereof to the appellant.

3. The document showing that the deposit which may be proper according to the provisions of articles 1696 and 1697 has been made.

If the period fixed in the compromise should have been extended and the appeal is based upon the grounds that the decision was not rendered at the proper time, a certified copy of the instrument by which such extension was made shall also be included.

No other document shall be admitted.

ART. 1773. The appeal shall also state the grounds upon which it is based, which shall be of those mentioned in subdivision 3 of article 1689, and the grounds for annulment of judgment shall be alleged in separate and numbered paragraphs.

ART. 1774. The period within which the appeal may be interposed shall be sixty days, which shall commence from the day following that of the notification of the decision to the appellant.

ART. 1775. The appeal shall be presented to the third chamber, which shall order that the other interested parties be cited and summoned to appear and allege their rights before said chamber within forty-five days, counted from the date of the respective ratifications.

ART. 1776. In the hearing, determination, and decision of these appeals the provisions prescribed in Section VI of this title shall be observed.

ART. 1777. When the chamber considers that the amicable compounders did not render their decision at the time designated in the

It is undoubtedly proper and necessary to deposit 1,000 pesetas for the results of the appeal when the judgment rendered in the second instance affirms, with costs, the judgment in first instance.-Decision of April 13, 1881.

According to the provisions of number 2 of article 1727, together with those of articles 1726 and 1696, the appeal for annulment of judgment shall not be admitted if the deposit be not made in case the judgments rendered in first and second instance agree; therefore said deposit should be made when the judgment of the audiencia affirms that of the judge without any other difference than that agreed to by both parties.-Decision of September 26, 1881.

compromise, the chamber shall annul the decision and order the return of the deposit to the appellant.

ART. 1778. If the grounds for the appeal should be that the amicable compounders have determined matters not submitted to their decision, the said chamber shall annul the decision only as to such matters, and shall also order the return of the deposit.

SECTION IX.-APPEALS TAKEN BY THE DEPARTMENT OF PUBLIC PROSECUTION.

ART. 1779. The department of public prosecution may take an appeal for annulment of judgment in actions in which it is a party, subject to the rules established in the preceding sections, but without having to make any deposit.

ART. 1780. The department of public prosecution may also, in furtherance of justice, interpose at any time an appeal for annulment of judgment for violation of law or legal doctrine in actions in which it has not been a party. In such case the parties to the action shall be summoned and cited to appear, in order that, if they so desire, they may appear before the supreme court within a period of twenty days. The decisions rendered in these appeals shall only have the force of precedents upon the legal questions discussed and decided in the action; but they shall not alter the final judgment nor affect the rights of the parties.

These appeals shall be understod to be admitted de jure and shall be interposed directly before the first chamber.

ART. 1781. When the department of public prosecution, in the case of article 1713, interposes an appeal for annulment of judgment, the judgment rendered thereupon shall produce the same effects with regard to the parties to the action as that which would have been rendered if the appeal should have been interposed on behalf of an appellant litigating as a poor person.

ART. 1782. When the appeal interposed by the department of public prosecution in an action in which it may have been a party is denied, the costs incurred by the opposite party shall be paid from the funds retained and derived from one-half of the forfeited deposit.

ART. 1783. The payment of costs referred to in the foregoing article shall be made in the strict order of their priority and according to the amount of funds on hand.

SECTION X.-PROVISIONS COMMON TO ALL APPEALS FOR ANNULMENT OF JUDGMENT.

ART. 1784. The audiencia may order the execution of the judgment at the request of the party in whose favor said judgment was rendered, even though an appeal for annulment of judgment has been interposed and admitted, provided that said party furnishes security sufficient, in the opinion of said court, for the repayment of any amount he may have received if the judgment should be annulled.

ART. 1785. If the appellant litigates as a poor person, and the appeal be denied, he shall pay, when in better circumstances, the sum that should have been deposited and the amount of the costs the payment of which may have been adjudged against him.

ART. 1786. When two or more appeals of the same kind are interposed against the same decision, said appeals shall be heard and determined jointly in one record, for which purpose they shall be consolidated.

If the appeal of one party should be for a violation of law and that of the other for breach of form, the first appeal shall not be heard and determined until the second is decided.

ART. 1787. At any stage of the appeal the appellant may withdraw therefrom, the provisions of article 1789 being observed.

ART. 1788. The ruling permitting withdrawal from the appeal shall be communicated to the audiencia before which the action was heard, and the abstract or the record, in a proper case, shall be returned and notice thereof shall be given to the parties who may have appeared before the supreme court.

ART. 1789. When the withdrawal from an appeal for violation of law or of legal doctrine should take place before said appeal is admitted by the chamber, the entire deposit shall be ordered returned, one half when the withdrawal takes place after the appeal is admitted and before a date is fixed for hearing, the other half to be applied in the usual manner.

In appeals for breach of form one-half of the deposit shall be returned when the withdrawal takes place before the time set for the hearing.

After a date is set for the hearing no return of deposit shall be made.

ART. 1790. One-half of the amount of the deposit, the forfeiture of which may have been adjudged against the appellant, shall be delivered to the party in whose favor judgment was rendered as an indemnity for losses and damages, and the other half shall remain in the public establishment where said deposit was made for the purposes mentioned in article 1782.

ART. 1791. Decisions rendered by the chamber for hearing appeals for annulment of judgment declaring that an appeal does or does not lie and those rendered by the chamber of admission declaring that an appeal is not admissible in all or any of the points at issue shall be published in the Gaceta of Madrid and be inserted in the Colección Legislativa, and also in the official Gacetas of Havana or of Porto Rico, according to the audiencias before which the actions were heard.

The court may order, should special circumstances of its exclusive consideration be attendant, that the decision be not published, or that the publication be made, suppressing the names of the persons interested in the action and that of the audiencia and court before which the action was heard.

ART. 1792. When, in a proper case, taxation of costs has been made, a certified copy of the judgment or judgments rendered by the supreme court shall be issued and transmitted to the proper court for its execution, returning the abstract and filing the partial transcript of the record or of the documents which may have been transmitted to the supreme court for the hearing and determination of the appeal. ART. 1793. When the loss of the mail vessel in which were transmitted to the Peninsula the abstracts, transcripts, or documents indispensable for the interposition, hearing, or determination of appeals for annulment of judgment or complaints before the supreme court has been duly proven by the proper authorities, the periods mentioned in articles 1699, 1701, 1703, 1714, 1751, 1767, 1774, 1775, and 1779 of this law shall be considered as extended, which periods, both in the case of loss and in that of the detention of the vessel en route

by force majeure, shall commence to be counted anew from the date on which the loss or shipwreck of the mail vessel has become publicly known in the territory of the audiencia or from the date when it is proven that it continued its voyage owing to the cessation of the causes which caused the interruption.

In case of the loss or shipwreck of the respective mail vessel the audiencias or inferior courts in which judgment was rendered in the action shall, within another full period, as provided in this article, deliver the certificates, the certified copies of the abstract, the record, and all other documents which may be proper and shall comply with the provisions of the law for the issue and transmission of the documen's rendered useless or lost.

The supreme court shall ex officio and at all times reinstate by certified copies and in proper form the orders of mere practice, rulings, or decisions rendered by the first or third chamber of the same in appeals for annulment of judgment when they may have been lost in consequence of the loss or shipwreck of the mail vessels of the Antilles and when the parties petition said court to make good the absence of the decisions originally transmitted.

TITLE XXII.-APPEALS FOR REVIEW."

SECTION I.-CASES IN WHICH AN APPEAL FOR REVIEW LIES.

ART. 1794. The review of a final judgment shall be proper

1. If. after judgment has been rendered, decisive documents should be recovered which were detained by force majeure or by an act of the party in whose favor judgment was rendered.

2. When the judgment was rendered by virtue of documents which at the time said judgment was rendered, were acknowledged and declared false without the knowledge of one of the parties, or whose falsity should be acknowledged or declared afterwards.

3. When the judgment having been rendered on the strength of the evidence of witnesses, who have been found guilty of perjury, based upon declarations which served as a basis for the judgment.

4. If the final judgment should have been illegally secured through bribery, violence, or other fraudulent means.

ART. 1795. The appeal for review shall lie only after the judgment has become final.

SECTION II.-TERMS WITHIN WHICH TO INTERPOSE AN APPEAL FOR REVIEW.

ART. 1796. In the casos mentioned in article 1794 the period within which an appeal for review may be interposed shall be three months, counted from the day upon which the new documents or fraud were discovered, or from the day when the forgery was acknowledged or declared.

• See article 1251 of the Civil Code.

That is, "having sudiclent value and efficiency to decide the suit in a manner contrary to or different from the judgment rendered."-Decision of July 7, 1886.

The audiencia having refused the admission of certain documents and the order having been agreel to, the appeal can not be based on the fact that said documents were detained by force majeure.—Decision of February 15, 1886.