quest of the tutor or curator, with a reduction of another twenty per cent from the price fixed for the second sale.

If no admissible bid is received at this sale, the representative of the minor may be authorized to sell the property extrajudicially at the price fixed for the third public sale.

ART. 2021. The securities referred to in number two of article 2010 shall always be sold through a stockbroker or agent, whom the judge shall appoint, and at the current official quotations.

If not quoted on exchange they shall be sold according to the formalities prescribed in the foregoing articles for the sale of real property.

ART. 2022. After the sale is made the judge shall, under his liability, see that the amount received at said sale be applied as stated in the petition for authorization to make the sale.

ART. 2023. The amount received shall be delivered to the tutor or curator, pending its application, if he has been exempted from furnishing bond or if he has furnished bond sufficient to secure the same. Otherwise it shall be deposited in the public establishment in which judicial deposits are made.

ART. 2024. The authority to settle questions out of court relating to the rights of minors or incapacitated persons shall be requested by the same persons that request the sale of property.

The reason for and the purpose of the settlement must be stated in the written petition, as well as the doubts and difficulties of the business and the reasons that exist for believing it profitable and proper; the petition shall also be accompanied by a document in which the basis for the transaction shall be set forth.

All the documents and data necessary for the purpose of forming an exact judgment in the matter shall also be presented with the petition.

ART. 2025. If an action should be pending with reference to the right to be settled out of court, the documents shall be filed with the record thereof.

ART. 2026. If, in order to demonstrate the necessity of the settlement, the proof of some fact or the taking of certain steps should be necessary or proper, the judge shall order that it take place with the citation of the promotor fiscal.

ART. 2027. After the provisions of the foregoing article have been observed, the record shall be delivered to the promotor fiscal in order that he may make such statements as he may deem proper.

ART. 2028. After the record has been returned by the promotor fiscal the judge shall make an order granting or denying authority for the settlement, as he may consider best for the interests of the minor or incapacitated person.

If it be granted he shall modify or approve the bases submitted, ordering that an authenticated statement of the proceedings, with the necessary inclosures, be delivered to the tutor or curator for the proper effects.

These orders may be appealed from for review and for a stay of proceedings.

ART. 2029. For the purpose of mortgaging or incumbering real property or for the extinction of property rights belonging to minors or incapacitated persons, the formalities shall be observed which are established for the sale of property, with the exception of those prescribed for public sales.

TITLE XII.-ADMINISTRATION OF PROPERTY OF ABSENT PERSONS WHOSE WHEREABOUTS ARE UNKNOWN."

ART. 2030. When the whereabouts of a person who has absented himself from his domicile for more than two years is unknown, leaving his property abandoned, and there is no evidence of his death, any of his nearest relatives, who would be heirs ab intestato, may request that the administration of said property be transferred to them under bond.

ART. 2031. The person who presents the petition mentioned in the foregoing article must present the documents which prove his relationship with the absentee, and a statement of the property whose administration he requests, with a report of the income received or which may be received therefrom.

He shall also furnish evidence as to the following facts:

1. The absence and unknown whereabouts of the person referred to, the date or time when he absented himself, and the time when last heard from.

2. That there is no one authorized by the absentee to care for and administer his property.

3. That the petitioner is the nearest relative of the absentee, with a statement, in a proper case, of those who possess the same degree of relationship.

ART. 2032. The judge shall take the evidence with a citation of the promotor fiscal.

This evidence must be given by at least three witnesses who may have been friends or had business relations with the absentee. The court clerk shall certify that he is acquainted with said witnesses, and should he not know them two witnesses for identification shall be furnished.

ART. 2033. If from the evidence the facts mentioned in article 2031 should be proven, the judge shall order the publication of two edicts, each at an interval and for a period of two months, calling upon the absentee, and those who believe themselves entitled to the administration of his property, should the absentee not appear, to present themselves.

These edicts shall be published at the place of the last domicile of the absentee, and in the place where the property is situate, and shall be inserted in the Gaceta of the general government, and in the Boletin Oficial of the province, should there be one. They shall also be inserted in the Gaceta de Madrid should the judge consider it proper.

Said edicts shall also contain the names of those who have requested the administration of the property, their relationship with the absentee, and shall require that those who believe themselves to have a better right, appear before the court and prove the same with the proper documentary evidence.

ART. 2034. After the expiration of the period fixed in the second edict, and after the petitions of those who have appeared have been attached to the record, it shall be delivered to the promotor fiscal for six days in order that he may report upon the propriety of granting

The Civil Code has considerably modified the provisions of this title, as may be observed by consulting articles 181 to 186 and others thereof.

the administration of the property of the absentee to the relatives, as well as upon the rights of the claimants.

The promotor fiscal may also recommend the correction of any error that may have been committed in the course of the proceedings, in which case the corrections shall first be made.

ART. 2035. When but one relative has requested the administration and the promotor fiscal does not oppose the same, the judge shall grant it without further proceedings, should he deem it proper.

The same shall be done when there are two or more petitioners who have stated their agreement which person or persons should be entrusted with the administration.

ART. 2036. With the exception of the cases mentioned in the foregoing article, the judge shall call a meeting of the claimants within eight days in order that they may agree as to their rights and which of them is to be entrusted with the administration.

A proper record of the result of said meeting shall be made and signed by the persons present, and also by the judge and the court clerk.

ART. 2037. If an agreement should be reached at the meeting, the judge shall order that it be executed, provided that it is proven that the whereabouts or existence of the absentee is unknown, that the property is abandoned, and that the persons selected to take charge of the administration are relatives of the said absentee.

ART. 2038. If no agreement is reached at the meeting, within the three following days the judge shall decide what he may consider proper, and order, in a proper case, that the administration be granted at once to the nearest relative or relatives named by himself, without prejudice to the rights of the other persons interested, which they may make use of in the action which may be proper in view of the amount of the property.

This decision may be appealed from for review only.

ART. 2039. The administrator appointed shall furnish bond to the satisfaction of the judge, in amount sufficient to cover the income of the property for five years at least.

This bond may be of any of the kinds recognized by law, with the exception of a personal bond.

In order to fix the amount of the bond the judge may order, should he deem it proper, that the amount of its income be appraised by an expert of his own appointment.

ART. 2040. After the bond has been furnished by the administrator, the judge shall order that he be given the proper certificate of appointment and that the property be delivered to him under an inventory which shall be prepared by the court clerk, with citation of the promotor fiscal and the other relatives of the same degree of relationship, who are not administrators.

At the same time the judge shall order that a memorandum be made in the property register of the absence and unknown whereabouts of the owner of the real property and of the appointment of an administrator, the proper orders being issued therefor.

ART. 2041. The administrator shall be entitled to the compensation which the judge may determine, which can not exceed ten per cent of the income from the property; and he shall be obliged to keep an account, properly vouched, of the receipts and expenses, for submission to the owner thereof when he presents himself, or to his heirs or successors in interest.

ART. 2042. In the following cases the proceedings shall be discontinued, whatever be their stage:

1. When the absentee appears in person or by means of a duly empowered agent.

2. When positive advice is received of the existence and whereabouts of the owner.

3. When the decease of the absentee is proven and his testamentary heirs or intestate heirs appear.

4. When a third person appears and presents proper documentary evidence that he has secured, by purchase or otherwise, the property of the absentee.

In such cases if an administrator had been appointed he shall cease performing his duties, placing the property at the disposal of those who are entitled thereto.

ART. 2043. If the absentee should have made a will, and the testamentary heirs present an authentic copy thereof, they may request the administration of the property according to the provisions of the foregoing articles.

ART. 2044. If the property of an absentee whose whereabouts is unknown has been abandoned for more than two years, the judge may, at the instance of the promotor fiscal, or of any other person, even though not a relative, order that such measures be taken as may be considered necessary for the security and temporary administration of the property, after evidence of the facts mentioned in numbers 1 and 2 of article 2031 has been received, and without prejudice to the procedure established in this title, to cite the relatives to appear and provide for the administration of said property.

ART. 2045. If a legitimate party should make any opposition to the proceedings prescribed in this title, based upon the statement that the same are improper, it shall be heard and determined according to the procedure established for incidental issues in Title III of Book II.

Until such opposition is heard and determined the judge may adopt such measures as he may consider necessary for the security and administration of the property, should the same have been abandoned.

ART. 2046. When, on account of the presumed death of an absentee, a testamentary or intestate succession may be opened, as soon as such fact is determined in the proper proceeding, the procedure prescribed for testamentary or intestate proceedings, as the case may be, shall be observed.

TITLE XIII.-VOLUNTARY JUDICIAL PUBLIC SALES.

ART. 2047. Any person requesting that a judicial public sale be made shall, by presenting the proper documents therefor, prove the following:

1. That he has the legal capacity to make the proposed contract. 2. That he can dispose of the thing or object at public sale as proposed.

ART. 2048. With the petition in which a public sale is requested shall be presented the document of conditions according to which the same is to be held.

ART. 2049. After the facts mentioned in article 2047 have been proven, the judge shall order the publication of the notice of public sale, in the manner and under the conditions proposed by the petitioner; he shall set a day and hour for the sale; he shall order that

edicts be posted in the customary places and in the town in which the property is situate or in which the contract is to be executed, and that they be published in the newspapers designated by the petitioner.

The edicts shall state that the document of conditions for the sale and the title deed to the property are on file in the court clerk's office for the information of those who may be interested in the public sale. ART. 2050. If any proposition is made, which is admissible by reason of its being in conformity with the conditions fixed in the document of conditions of sale, the judge shall admit the same, as well as subsequent higher bids. At the close of the bidding the sale shall be made to the only or the best bidder, unless the petitioner has expressly reserved the right of approval, in which case the record shall be delivered to him, so that he may, within three days, make such request as he may deem proper.

The same shall be done if any bidder has made an offer upon the condition that some of the conditions be modified.

ART. 2051. If the petitioner should accept the proposition referred to in the second paragraph of the foregoing article, a decision shall be rendered adjudging the sale to the person making such proposition, and the same shall be carried into effect.

If said proposition is not accepted, the petitioner shall state whether or not he approves the sale, or whether he desires a new sale, under the same conditions or under such conditions as he may designate, or whether he desires to abandon his intention.

ART. 2052. When a new public sale is to take place, the notices of sale shall state that all offers shall be necessarily admitted, provided they cover the minimum amount fixed by the petitioner.

ART. 2053. If in the second public sale there be no bidder, the interested party shall be at liberty to do what he may deem most advisable, provided that no third public sale shall be attempted until after the expiration of one year, after which time he may petition that new proceedings be instituted for the same purpose.

ART. 2054. The questions which may arise during the proceedings shall be heard and determined according to the procedure prescribed for incidental issues.

TITLE XIV.-JUDICIAL POSSESSION IN CASES IN WHICH SUMMARY PROCEEDINGS TO ACQUIRE POSSESSION DO NOT LIE.

ART. 2055. In order that judicial possession of an estate or estates which have not been acquired by inheritance may be decreed, the person desiring the same shall request it of the judge, attaching to his petition:

1. The title upon which he bases his request, recorded in the property register.

2. A certificate issued by the person in charge of said registry, which shows that on said date the petitioner has, with regard to the éstate or estates, as set forth in the title which he presents, and the possession of which he demands, the character under which he requests it.

ART. 2056. The judge shall examine the title presented, and if he finds it sufficient, he shall render decision ordering that possession be given without prejudice to a third person having a better right thereto.