TRANSLATION 
 
 THE MORTGAGE LAW 
 
 CUBA, PUERTO RICO, AND 
 THE PHILIPPINES. 
 
 (1893.) 
 
 WAR DEPAR'i'MKI 
 1899. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 181)9. 
 
S|=g>n. L*w>/s, statute*, v 
 
 TRANSLATION 
 
 OF 
 
 THE MOETGAGE LAW 
 
 FOE 
 
 CUBA PUERTO RICO, AND 
 THE PHILIPPINES. 
 
 (1893.) 
 
 WAR DEPARTMENT, 
 189!>.- 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 18 9 9. 
 

 <1 
 
 5* 
 
 h^Ql 
 
MORTGAGE LAW 
 
 FOB 
 
 CUBA, PUERTO EICO AND THE PHILIPPINES. 
 
 TO THE CORTES 
 
 The mortgage law, which has been in force in the Peninsula for the 
 past thirty years, was applied to the Antilles, with such changes as 
 were indispensable for its adaptation to those islands, on May 1, 1880, 
 and to the Philippines on December 1, 1889, reforming the laws regard- 
 ing real property in those countries, aud consequently giving a new 
 impetus to land securities. Although this work is not without its 
 imperfections, being human, the mortgage law must be looked upon as 
 one of our most important legal works, and all that is fundamental 
 therein, and even that which appears of less value, should be religiously 
 respected as long as the results of experience and the necessity of rec- 
 onciling it with the other legal measures in force permit its observance. 
 This has been the rule adhered to by the Government in the prepara- 
 tion of the revision herewith submitted to the Cortes. 
 
 The Civil Code for the Colonies as well as for the Peninsula, among 
 other special laws, left the mortgage law expressly in force, without 
 eliminating from it, or diverting from itself entirely, provisions which 
 by their nature would have corresponded to the Code had both origi- 
 nated at the same period. It was an inevitable necessity, therefore, to 
 overcome the differences, and in the revision which took place with this 
 object in view, it was concluded that the Code should prevail whenever 
 a question arose, and not only support the structure of the mortgage 
 law, but that said law should be the only one for all ultramarine 
 provinces; and, further, that it should coincide, as far as possible, with 
 the text of the Peninsular law, thus avoiding the confusion and prac- 
 tical difficulties which were noted in the quotations and references by 
 reason of four different sets of numbers for the articles. 
 
 The necessity of harmonizing these differences between the law men* 
 tioned and the code is not the only motive which animates the govern- 
 ment in presenting this plan. Experience and the especial conditions 
 of real property in some of the ultramarine provinces also urgently 
 suggest, and even demand, important amendments, which naturally, 
 however, should retain the cardinal principles of the system. 
 
 3 
 
 35)1505 
 
The lfHv ai\i:.c : bceu enacted so that all real property should be 
 recorded in authentic official books, it was at once observed that a 
 considerable portion was not subjected to this beneficent rule, by 
 which it could be freed from usury and its possession guaranteed. The 
 taxes, the schedule of notarial and register's fees, and the complica- 
 tions as well as the requirements of form, made this object of the legis- 
 lator unattainable. It was necessary to remove these obstacles, so that 
 small properties could enjoy the advantages of credit. Furthermore, 
 the omission of the record of deeds keeps from the registry a consider- 
 able portion of land, and as this evil can only be remedied by notices 
 of possession, it is advisable to still further facilitate them, notwith- 
 standing the undesirable features thereof, by permitting their conver- 
 sion into absolute titles twenty years after their date. These two 
 reforms have already been fully discussed by the Senate, and were 
 approved in 1890, in order to incorporate them in the Peninsular law. 
 
 At that time another reform was also considered which had been 
 urgentlydemauded. The old books of property, which were to be replaced 
 by those created by the mortgage law, contained a multitude of liens 
 and claims which had absolutely expired, but had not been canceled in 
 a definite manner, thus depreciating the value of property without 
 reason. 
 
 It was an urgent requisite of credit to declare those books without 
 force as to third persons after a certain period, and it was therefore 
 proposed that all persons who had any interest recorded in the same 
 should transfer them to the new books if they desired the State to 
 force third persons to respect them. By reenforcing this provision in 
 giving greater scope to proceedings for clearing the title, the certificate 
 of a register will indicate the legal status of the realty, thus giving 
 contracts the security which they should enjoy. 
 
 But where the voice of experience has been heard with the greatest 
 clamor against the law, demanding immediate relief, is where it refers 
 to the procedure for making mortgage debts effective. Its crushing 
 confusion, the uncertainty of results, and its incalculable cost restrain 
 capital or suggest usurious conditions; sales and resales take the place 
 of loans, with the object of avoiding all proceedings to the prejudice of 
 the landowner; interest is stipulated which triplicates the capital 
 loaned, and perhaps by the employment of other means the debtor is 
 exposed to penal responsibility, converting the sanctity of laws enacted 
 for the punishment of crimes into a vile instrument of avarice against 
 the unfortunate. Distrust causes these means to be employed because 
 the legal procedure does not satisfy the reasonable requisites of con- 
 tracts, and to uproot these evils, to furnish laud with the capital it 
 needs, and to give the lender assurances of speedy and easy recovery 
 of his loans, is the object of the most important reform proposed by 
 the Government, suppressing proceedings which, without positively 
 guaranteeing one's rights, destroy those most sacred. Previous appraise- 
 
nient, uniformity of judicial action in all necessary investigations, sup- 
 pression of all litigation, only one summons and the immediate sale by 
 auction, are the basis of the new law. We have abolished suits, exemp- 
 tions, letters requisitorial (exhortos), writs of attachment on the mort- 
 gaged property, proceedings in the nature of a demurrer, simultaneous 
 auctions, and a great many other barriers in the path of the credit of 
 realty, which had been placed with the best of intentions, but from 
 which those in good faith were the only victims. 
 
 The special conditions existing in the ultramarine provinces have 
 suggested other amendments, especially for the Island of Cuba. The 
 reforms mentioned, equally useful for Puerto Pico and the Philippines, 
 have been proposed in accordance with the crisis which is complained 
 of with regard to the development of their credit on real property, but 
 all of them would be worthless without the enactment of a measure 
 which has been unanimously and most justly demanded, and which 
 will in itself promote credit and prevent the repetition of the statement 
 that in Cuba there as yet exist no mortgage regulations. This measure 
 consists in abolishing the time, which has been indefinitely extended 
 by royal decree of May 6, 1882, during which mortgages as well as 
 other implied liens remain in force; these secret incumbrances, which 
 do not appear in the registry, rendering all contracts involving realty 
 hazardous, although they appear completely unencumbered according 
 to the record. The time which was just and reasonable during a period 
 of transition, and which was allowed in the Peninsula, Puerto Eico, and 
 the Philippines, has already lapsed, while it is still running in Cuba, 
 and has been for the past thirteen years, placing all parties to con- 
 tracts in a state of uncertainty and causing them to be suspicious. 
 The new law will fix a time for its termination, which will not be 
 extended. 
 
 Credit of land requires more. On account of the provisions of arti- 
 cles 73 to 78 of the Cuban mortgage law loans are now reduced to 50 
 per cent of the value of estates, said articles reserving the other 
 half for the security of subsequent lenders, who may wish to aid the 
 cultivation and production of the soil. These articles place such obsta- 
 cles and difficulties in the way of such loans, incorrectly called " agri- 
 cultural loans" (refaccionarios), that, according to all information, the 
 privilege is not made use of in practice, and in point of fact this com- 
 pensation for the evil suffered by mortgage contract is lacking. To 
 reestablish credit of lands to its fullest extent by the abolition of these 
 articles is to comply with a legitimate demand of Cuban land owners 
 whom it is intended to protect. 
 
 The law fills another requisite. To facilitate the acquisition on time 
 payments of machines and other agricultural implements it is neces- 
 sary that the simple attachment to the soil of an article sold, when the 
 vendor has not yet been fully paid, should not turn it over to the mercy 
 of prior mortgage creditors, inasmuch as subsequent acquisitions of 
 
the debtor are not security for the fulfillment of their contracts. The 
 provisions of paragraph 2 of article 112 of the new law correct this 
 fault, which was a great impediment in the way of a perfect and strong 
 reestablishment of Cuban industries. 
 
 Two other reforms which are demanded by that island have no appro- 
 priate place in the mortgage law, and will, therefore, have to be other- 
 wise disposed of, viz, loans which are secured only by the products and 
 the survey of estates owned by tenants in common. This law, embrac- 
 ing real property only, can not be applied to products when considered 
 apart from the soil itself; agricultural credit can not be considered as 
 embraced by a credit of the land. The survey of estates of tenants in 
 common is in that island a question of as great difficulty in its social 
 aspect as the question of emphyteusis in Galicia, and pertains to the 
 Civil Code and the Code of Procedure, and not to a law which presup- 
 poses and requires that the property already is surveyed to give pub- 
 licity and permanent stability to its legal situation. 
 
 An attempt was made some time ago to apply the registry system 
 known by the name of "Acta Torrens" to the Philippines, but the con- 
 fusion which would attend a radical change of system within four 
 years of the establishment of the present one, and when the last quar- 
 terly statistics show that it is becoming customary and generalized, 
 and together with an examination of the former system with regard 
 to the condition of property in the Philippines, the Government has 
 desisted from that intention, which, furthermore, could not be effected 
 without making considerable changes in civil law and without involv- 
 ing the public treasury in hazardous and indefinite responsibilities. 
 Our mortgage law, which already had a large number of precedents in 
 the Archipelago, can be reformed by slight amendments, which, together 
 with the reforms of the provisions regarding the readjustment of royal 
 patrimonies, will pave the way for the advent of the institutions of 
 credit for lands, which is based on a sound mortgage law, and legally 
 recorded deeds, which define and secure all interests in the land. 
 
 It would be superfluous to repeat here the benefits which may be 
 expected in Puerto Rico through these reforms. The institution of the 
 registry is running smoothly there, without causing complaints, and 
 now, in giving greater power and clearness to the same system, it is 
 logical to expect that its salutary effects will increase. 
 
 To undertake the reforms mentioned, the Government depended on 
 various legal authorizations, but the vote of the Cortes is necessary to 
 put an end to implied mortgages, according to the text of article 3 of 
 the royal decree of May 6, 1882. It appears desirable, therefore, to go 
 beyond the limit which those authorizations seemed to fix; and, even if 
 such reasons did not exist, the gravity of the question and the special 
 respect which provisions regulated by private civil legislation deserve 
 would have induced the Government to submit the reform to the 
 Cortes, notwithstanding its urgent need for the island of Cuba. The 
 
plan which is herewith presented has been compiled, with the full 
 approval of the Committee on Codes for the Colonies, in its essential 
 points as well as in the method adopted to facilitate parliamentary 
 deliberations, and to reconcile formalities of law with the necessity so 
 urgently impressed by Cuba. If the Cortes will condescend to pass 
 this new law, containing all that has been approved by the Senate, 
 for the Peninsula, as well as the changes derived from the Civil Code, 
 and if His Majesty will sanction the same, the Colonies will enjoy in 
 advance remedies which are for the most part desired by the whole 
 national territory. 
 
 In accordance with these remarks, with the authority of His Majesty 
 and with the approval of the Council of Ministers, the undersigned has 
 the honor to submit for the approval of the Cortes the following 
 
 PROPOSED LAW. 
 
 Article first and last. The Government is hereby authorized to put 
 into effect the law submitted by the Colonial Minister, with the approval 
 of the Committee on Codes, amending the mortgage law for Cuba, 
 Puerto Rico, and the Philippines. 
 
 Madrid, May 26, 1893. 
 
 The Colonial Minister, 
 
 Antonio Maura y Montaner. 
 
MORTGAGE LAW FOR THE COLONIES. 
 
 Title I. 
 
 INSTRUMENTS REQUIRING RECORD. 
 
 Article 1. Registries of real estate shall be located in all towns 
 where they have been established by law. Registries can not be 
 abolished nor created, nor can the present territorial limits of any one 
 of them be changed, without provision of law. 
 
 In every Registry shall be recorded the instruments relative to the 
 estates situated within their territorial limits. If an estate is situated 
 within the limits of two or more Registries, it shall be recorded in all of 
 them. 
 
 Art. 2. In the Registries mentioned in the preceding article shall be 
 recorded : 
 
 1. Instruments transferring or declaring ownership of realty, or of 
 property rights thereto. 
 
 2. Instruments by which rights of use, use and occupancy, emphy- 
 teusis, mortgage, annuity (censo), servitudes, and any others by which 
 estates are created, acknowledged, modified, or extinguished. 
 
 3. Instruments or contracts by virtue of which real property or prop- 
 erty rights are conveyed to a person, although it is with the obligation 
 of trausferring them to others or of investing their value for specified 
 purposes. 
 
 4. Writs declaring the legal incapacity for administration, or the 
 presumption of death of absentees, or injunction, or in anyway alter- 
 ing the civil capacity of persons with regard to the free disposition of 
 their property. 
 
 5. Contracts for the lease of real property for a period exceeding 
 six years, or such contracts on which rent has been paid in advance for 
 three or more years, or, if having neither of these conditions, they 
 contain a special covenant by which record thereof is required. 
 
 G. Title deeds of real property or property rights owned or admin- 
 istered by the State, or by civil or ecclesiastical corporations, subject to 
 the provisions of laws or regulations. 
 
 Art. 3. To permit the record of the title deeds mentioned in the pre- 
 ceding article, they must be in the shape of a public document, writ, or 
 certified document, issued by a judicial authority or by the Govern- 
 ment or its agents, in the form prescribed by the regulations. 
 
 9 
 
10 
 
 Notwithstanding the provisions of the preceding paragraph, those 
 who have the ownership or possession of property rights recorded in 
 their favor, the individual value of which does not exceed 300 pesos, 
 may alienate or mortgage them by appearing before the proper notary 
 with the grantee or mortgagee and two witnesses. The original draft 
 of the contract shall necessarily contain a description of the realty and 
 the enumeration of liens or incumbrances, if there be any, the names 
 and surnames, the status (whether married or single), profession, and 
 residence of the grantor and of the grantee, as well as the consideration 
 involved. 
 
 The original contract, which should be executed on official paper, must 
 be recorded in the Registry of the notary certifying to it. The copy, 
 executed on paper of the lowest class (or, if it has been made on com- 
 mon paper, a stamp of the same class will have to be affixed thereto), 
 shall be presented to the Registry of property for record, as it must 
 serve as the title of the grantee. 
 
 Partitions of inheritances, which do not exceed 2,500 pesos in value, 
 may be effected by all the participants or their representatives appear- 
 ing before a notary, who shall execute an instrument containing de- 
 scriptions of the estates, their award to each interested person, the 
 covenants and limitations with which they are made, and other neces- 
 sary requisites regarding the personality of the interested persons, so 
 that said instrument may be recorded. The said document shall have 
 to be signed by all the interested parties, or by two witnesses procured 
 for this purpose. If anyone of the interested parties should not know 
 how or should not be able to sign, it shall be done in his name by either 
 of the witnesses, the notary stating this circumstance in the instru- 
 ment. Should the notary not be acquainted with the interested parties, 
 he shall demand that two witnesses known to him shall identify them, 
 who may be the same who take part in the execution of the instrument. 
 
 The duplicate of this instrument, a copy of which shall be given to 
 each one of the interested parties, shall be their title for record, the 
 original being filed in the notary's register. 
 
 When, according to law, an approval of the partition or awards is 
 necessary, it shall be the duty of the notary, under his own responsi- 
 bility, to send the original instrument to the Court of First Instance of 
 the subdistrict, so that this requisite may be filled without any further 
 delay than its posting in the office of the secretary of the court for the 
 period of eight days. It shall then be returned, also officially and with- 
 out charging any fees, to the notary who sent it, with a decree approv- 
 ing the partition. 
 
 Any objection made by one of the interested parties shall be heard 
 before the same court in conformity with the regulations established 
 for oral trials by the Law of Civil Procedure. 
 
 When, for the execution of the instrument referred to in the preced- 
 ing paragraphs, a previous declaration of heirs is necessary, the notary 
 
11 
 
 shall demand of the interested parties the documents necessary to make 
 said declaration, and the presence of the witnesses who shall testify as 
 to the nonexistence of a will. It shall be his duty to send the record 
 formed in this manner to the Court of First Instance, which, with the 
 consent of the Department of Public Prosecution, shall thereupon issue 
 the corresponding decree of heirship after such announcements or edicts 
 as may be necessary, returning the original to the notary from whom 
 it was received, who shall file it in his proper register, as has been before 
 stated. 
 
 The fee for the above-mentioned procedure shall be 7.50 pesos; for the 
 execution of the instrument of partition, if the total value of the estate 
 does not exceed 1,000 pesos, the fee shall be 5 pesos; if the value exceeds 
 1,000 but is not more than 1,500, 7.50 pesos; from 1,500 to 2,000, 10 
 pesos; for the copies issued to each interested party 25 cents a folio 
 shall be charged. 
 
 The paper to be used for the originals as well as the copies of the 
 record above mentioned shall be stamped paper of the lowest class. 
 
 Art. 4. For the effects of this law, transferable public offices (oficios 
 publicos) conferred by the Crown, securities of public debt, or shares 
 of banks or mercantile companies, even if they are negotiable, and 
 those of ordinary partnerships, whatever be their kind, shall not be 
 considered as real property. 
 
 Art. 5. The documents or deeds mentioned in article 2, which have 
 been executed in foreign countries, and which are effectual in Spain in 
 accordance with the laws, and such decrees as are mentioned in Xo. 4 
 of the same article, issued by foreign courts, which must be complied 
 with in the Kingdom in accordance with the Law of Civil Procedure, 
 shall also be recorded in the Registry. 
 
 Title II. 
 
 RECORD, ITS METHOD AND ITS EFFECTS. 
 
 Art. 6. The record of instruments in the Registry may be demanded 
 indiscriminately: 
 
 By the person conveying the interest; 
 
 By the person acquiring the same; 
 
 By any person interested in securing the interest which is to be 
 recorded ; 
 
 By the person who is legally authorized to represent any of the above. 
 
 Art. 7. When in any instrument or contract any property interest 
 in real estate is reserved to persons who were not parties to the same, 
 the notary who # executes the deed, or, in the absence of a notary, the 
 official who may issue it, shall require the record of the said property 
 right whenever the interests of said persons appear from the instrument 
 itself, or from the documents and proceedings upon which its execu- 
 tion was based. 
 
12 
 
 If the instrument or contract is subject to record, and this has been 
 requested, particular mention must be made therein of the property 
 right reserved, and of the persons in whose favor the reservation has 
 been made. 
 
 Art. 8. Each estate which is recorded for the first time in the Regis- 
 tries shall be marked with a distinct and correlative number. 
 
 The records corresponding- to each estate shall be marked by another 
 correlative and special numeration. 
 
 Art. 9. Every record made in the Registry shall contain the following 
 details : 
 
 1. The nature, location, and bounds of the realty which is the subject 
 of record, or which is affected by the interest which is to be recorded, 
 its superficial area measured according to the standard used in the 
 country, and its equivalent in the metrical system, and its name and 
 number, if they appear in the deed. 
 
 2. The nature, extension, conditions, and liens of any kind, of the 
 interest recorded and its value, if it appear in the deed. 
 
 3. The nature, extension, conditions, and liens of the interest on 
 which is created that which is the subject of record. 
 
 4. The nature of the instrument which is to be recorded audits date. 
 
 5. The name and surname of the person, if it is an individual, or, if 
 not, the name of the corporation, or the names of all the parties inter- 
 ested in whose favor the record is made. 
 
 6. The name and surname of the person, or the name of the corpora- 
 tion, or of the legal person who is the last owner of the interests or 
 estates which are to be recorded. 
 
 7. The name and location of the court, notary, or official who executes 
 the instrument which is to be recorded. 
 
 8. The date of the presentation of the instrument to the Registry, 
 with a statement of the time. 
 
 9. The conformity of the record with the copy of the instrument from 
 which it was taken, and if the latter is one of those which are to be 
 kept in the office of the Registry, the liber in which it is entered will 
 also be indicated. 
 
 10. The date of the record and the full signature of the Register. 
 Art. 10. In the record of contracts involving cash considerations or 
 
 transfers thereof the amount involved shall be mentioned, as well as the 
 manner in which the payment was made or agreed to. 
 
 Art. 11. If the record be one transferring ownership, it shall indicate 
 whether the price of this transfer was paid for in cash or in install- 
 ments; in the former case, if the whole price was paid or a part thereof, 
 and iu the latter, the manner and terms agreed to for payment. 
 
 Similar details shall be expressed if the transfer of ownership is made 
 in consideration of an exchange, or awarded in payment, and whether 
 either of the grantees is to allow the other any difference in money or 
 goods. 
 
13 
 
 Art. 12. The records of mortgage debts shall in every instance cou- 
 tain the value of the obligation secured and of the interest, if any has 
 been stipulated, and if none has been stipulated, it shall not be consid- 
 ered secured by the mortgage according to the regulations prescribed 
 by the present law. 
 
 Art. 13. Records of servitudes shall be made : 
 
 1. On the page reserved for record of servient estates. 
 
 2. On the page reserved for record of dominant estates. 
 
 Art. 14. The entries of trusts shall be inade at once in the name of 
 the trustees. 
 
 Art. 15. The recording of the decrees mentioned in No. 1 of article 
 2, and in article 5 of this law, and of the record of cautionary notices 
 of the suits mentioned in No. 5 of article 42 shall clearly state the nature 
 of the legal incapacity which appears from said decrees or suits. 
 
 Art. 1(3. The compliance or noncompliance with conditions prece- 
 dent, and the nonfulfillment of conditions subsequent, or conditions 
 involving recision, contained in recorded instruments or contracts, shall 
 be recorded in the Registry by means of a marginal note. 
 
 The payment of any sum made by the grantee, after the record, on 
 account of the purchase price or in full liquidation thereof, or to cover 
 the difference between an exchange, or in the award in payment, shall 
 also be recorded by means of a marginal note, provided the interested 
 parties request it, or if it has been so ordered by the court or judge. 
 
 The fulfillment of conditions subsequent or conditions involving 
 recision, shall appear by means of a new record in favor of the person 
 having the right thereto. 
 
 Art. 17. After any instrument transferring the ownership or posses- 
 sion of realty, or of property rights thereto, has-been recorded or a cau- 
 tionary notice thereof made in the Registry, no other instrument of the 
 name or of a previous date may be recorded or noted, by which the own- 
 ership of the same estate or property right is transferred or encumbered. 
 
 If only the presentation of the instrument transferring ownership or 
 possession has been recorded, no other deed of the kind previously men- 
 tioned may be recorded or noted for the period of thirty days following 
 the date of said record. 
 
 Art. 18. Registers shall determine, under their responsibility, the 
 legality of the documents by virtue of which the record is requested, 
 and the capacity of the parties interested by what appears from said 
 documents. 
 
 All the documents issued by judicial authorities shall also be deter- 
 mined by them under their responsibility, and for the sole purpose of 
 admitting, suspending, or refusing their record or entry. 
 
 There shall be no further remedies than those mentioned in this law 
 against the suspension or refusal of a record or cautionary notice, 
 judges or courts by virtue of judicial documents not being permitted 
 to compel the Registers in any other manner to record or enter. 
 
14 
 
 Art. 19. Should the Register perceive any error with regard to the 
 legnl form of the instrument, or as to the capacity of the parties thereto, 
 he shall advise the persons requesting the record thereof, so that, if they 
 wish it, they may withdraw the instrument and make the necessary 
 corrections within the time of the effectiveness of the entry of presen- 
 tation, according to article 17; and if they do not withdraw the instru- 
 ment and correct the error to the satisfaction of the Register he shall 
 return the document, so that the necessary steps may be taken without 
 prejudice to making the cautionary notice required by article 42, No. 8, 
 if it is expressly requested. 
 
 In case the cautionary uotice is not made, the entry of presentation 
 of the deed shall continue effectual during the thirty days above men- 
 tioned. 
 
 The regulations shall explicitly describe the manner of proceeding 
 in cases in which the requested record or entry is suspended or refused, 
 by virtue of documents issued by judicial authorities. 
 
 Art. 20. To record or enter instruments transferring or encumbering 
 the ownership or possession of real property or property rights, the 
 interest of the person conveying it, or in whose name the transfer or 
 encumbrance is made, must be previously recorded. 
 
 Registers shall refuse to record said instruments as long as this 
 requisite has not been complied with, being directly responsible for the 
 damage they may cause third parties by the violation of this provision. 
 
 However, they may record without this requisite all deeds executed 
 by persons who have acquired an interest in the same property before 
 the day on which the mortgage law was put into operation, provided 
 they justify their title with trustworthy documents, and the same 
 interest is not recorded in favor of another person ; but in the record 
 requested the essential circumstances of said title will be indicated, 
 which shall be taken from the documents necessary for this purpose. 
 
 Registers shall refuse the requested record, if said interest is recorded 
 in favor of a person other than the one executing the transfer or encum- 
 brance. 
 
 Should the interest mentioned not be recorded in favor of any other 
 person, and it is not proven that the grantor acquired it before the 
 date mentioned, the Registers shall enter a cautionary notice at the 
 request of the interested party, which shall be effectual during the 
 period stated in article 96 of this law. 
 
 Art. 21. Public copies of instruments or contracts which require 
 record shall at least contain all the details which the record must con- 
 tain, or otherwise be null, relating to the persons of the parties thereto, 
 to the estates, or to the recorded interests. 
 
 The owners of the real property or property rights acquired by any 
 general or special instrument which does not mention and describe 
 them individually, may obtain their record by presenting said instru- 
 ment with the document, if there be one, which proves that they are the 
 ones to whom the transfer was made, justified by any other trustworthy 
 
15 
 
 document showing that the property which it is desired to record is 
 embraced iii said instrument. 
 
 Art. 22. The notary who omits anything preventing the entry of the 
 instrument or contract, in accordance with the provisions of the pre- 
 ceding article, shall, if it is possible to do so, repair his omission by 
 issuing a new deed at his own cost, and in any case indemnifying the 
 interested parties for the damage caused by his error. 
 
 Aet. 23. The instruments mentioned in articles 2 and 5 which are 
 not duly recorded or entered in the Registry can not prejudice third 
 persons. 
 
 The record of real property and property rights, acquired through an 
 inheritance or legacy, shall not prejudice third persons until live years 
 have elapsed since the date thereof, excepting in cases of testate or 
 intestate inheritances, legacies and additions thereto (mejoras), when 
 left to legal heirs. 
 
 In the award of specific realty in an inheritance or general assign- 
 ment to a person having the right thereto, to a creditor, or to any third 
 person, with the obligation of devoting its value to the payment of 
 debts or charges on the same inheritance or general assignment, the 
 conditions under which the property has been awarded shall be entered 
 when it is recorded in the name of the person to whom the property 
 has been awarded, and it shall have the effects which this law estab- 
 lishes in No. 1 of article 37. 
 
 The other property of the inheritance or general assignment shall by 
 this act be relieved of all responsibility, although only to the prejudice 
 of third persons, nothwithstanding that the debts of the inheritance 
 or general assignment appear in their records. When no specific prop- 
 erty has been awarded for the payment of debts, all the property of 
 the inheritance or general assignment shall be relieved of all responsi- 
 bility to the prejudice of third persons, even when the registry shows 
 the existence of debts. 
 
 Art. 24. The instruments recorded shall also be effectual against 
 creditors specially privileged by common legislation. 
 
 Art. 25. Recorded instruments shall be effectual against third per- 
 sons only from the day of record. 
 
 Art. 26. To determine which of two records, bearing the same date 
 and relating to the same estate, shall have preference, the hour of the 
 presentation of the respective instruments in the Registry shall be 
 taken into consideration. 
 
 Art. 27. For the purposes of this law, those who have not partici- 
 pated in the recorded instrument or contract shall be considered as 
 third persons. 
 
 Art. 28. The date of the entry of presentation, which must appear 
 in the record itself, shall be considered the date thereof for all intents 
 and purposes. 
 
 Art. 29. The ownership of any other property right which is expressly 
 mentioned in the records or cautionary notices, although it does not 
 
16 
 
 appear in the Registry as a separate and special entry, shall be effectual 
 against third persons from the date of the entry of presentation of the 
 respective instrument. 
 
 The provisions of the preceding paragraph must not be understood 
 as interfering with the obligation of specially recording the rights 
 referred to, and with the responsibility incurred by persons who, in cer- 
 tain cases, must demand the record. 
 
 Art. 30. The records of the instrument mentioned in articles 2 and 5 
 shall be null if they do not contain the details mentioned in Nos. 1, 2, 
 3, 4, 5, 6, and 8 of article 9, and in No. 1 of article 13. 
 
 Art. 31. The nullity of the records treated of in the preceding article 
 shall not prejudice any interest previously acquired by a third person, 
 who was not a party to the recorded instrument or contract. 
 
 Art. 32. The record shall be understood to lack some of the details 
 embraced in the numbers and articles mentioned in article 30, not only 
 when all the requisites mentioned in each one of said numbers and 
 articles is not embraced therein, but also when they have been expressed 
 so inaccurately that a third person could thereby be led into error, as 
 to the object of the fact itself, and suffer loss in consequence thereof. 
 
 When the inaccuracy is not material, as provided by the preceding 
 article, or when the omission does not embrace all the details mentioned 
 in some of the numbers and articles referred to, the record shall be 
 declared null only when it causes some error or loss. 
 
 Art. 33. The record of instruments or contracts which are null in 
 accordance with the law are not validated thereby. 
 
 Art. 34. Notwithstanding the statements contained in the preceding 
 article, the instruments or contracts executed or covenanted by a per- 
 son who, according to the Registry, has a right thereto, shall not be 
 invalidated with regard to third persons, after they have once been 
 recorded, although later the right of the person executing them is 
 annulled or determined by virtue of a prior deed not recorded, or for 
 reasons which do not clearly appear from the Registry. 
 
 Only by virtue of a recorded instrument may another later instru- 
 ment, also recorded, be invalidated to the prejudice of third persons, 
 with the exceptions mentioned in article 389. 
 
 The provisions of this article may at no time be applied to the instru- 
 ment recorded in accordance with the provisions of article 390, unless the 
 prescription has validated or secured the interest referred to therein. 
 
 Art. 35. A prescription which does not require a just title shall not 
 prejudice third persons if its possessory title is not recorded. 
 
 Neither shall a third person be prejudiced by a prescription which 
 requires a just title if the latter is not recorded. 
 
 In either case the time of the prescription shall begin from the date 
 of the record. 
 
 As to the legal owner of the realty or interest which is being pre- 
 scribed, the title shall be determined and the time computed in accord- 
 ance with common law. 
 
17 
 
 Art. 36. Suits for recision or determination of title shall not be insti- 
 tuted against third persons who have recorded the instruments of their 
 respective interests in conformity with the provisions of this law. 
 
 Art. 37. Exceptions to the rule contained in the preceding article 
 are: 
 
 1. Suits for recision or determination of title which are due to the 
 causes plainly expressed in the Registry. 
 
 2. Suits for recision of conveyances made for the purpose of defraud- 
 ing creditors in the following cases: 
 
 When the second conveyance has been made without consideration. 
 
 When the third person was a party to the fraud. 
 
 In both cases the third person shall not be prejudiced by any action 
 for recision not brought within one year from the time of the fraudulent 
 conveyance. 
 
 Art. 38. In consequence of the provisions of article 36, no instru- 
 ments or contracts shall be annulled or rescinded to the prejudice of 
 third persons who may have had their interests recorded for any of 
 the following reasons: 
 
 1. For the revocation of gifts in such cases as are permitted by law, 
 except when the donee does not comply with conditions entered in the 
 Registry. 
 
 2. For the legal retraction of the sale, or the legal preference (tanteo) 
 in an emphyteusis. 
 
 3. For not having paid the full price of the article sold, or a portion 
 thereof, if it does not appear by the record that the payment has been 
 postponed. 
 
 ■4. For the resale of an article, when either the sale or resale has 
 not been recorded. 
 
 5. For willful damage (lesion) in cases 1 and 2 of article 1291 of the 
 Civil Code. 
 
 6. For conveyances made for the purpose of defrauding creditors, 
 with the exception of the cases mentioned in the preceding article. 
 
 7. For any other actions, which the laws or special statutes permit 
 certain persons to bring for the purpose of rescinding contracts for 
 reasons not specifically stated in the record. 
 
 In every case that the suit for recision or determination of title can 
 not be instituted against the third person, in accordance with the pro- 
 visions of this article, the corresponding personal action may be brought 
 to recover from the person who may have been the cause thereof, indem- 
 nity for the injuries and damages suffered. 
 
 Art. 39. By a conveyance without consideration to defraud creditors 
 in case 1, ifo. 2 of article 37, shall be understood not only the one by gift 
 or cession of a right, but also any conveyance, creation, or renuncia- 
 tion which the debtor makes of some property right within the periods 
 respectively mentioned in the common or in the proper commercial laws, 
 for the recision of convevances made to defraud creditors, provided 
 19039 2 
 
18 
 
 there was no price or its equivalent, or any preexisting obligation which 
 had fallen due. 
 
 Art. 40. In accordance with the provisions of the preceding article, 
 and providing the circumstances mentioned exist, the following may be 
 revoked : 
 
 1. Annuities (censos), emphyteusis, servitudes, uses, and other prop- 
 erty rights created by the debtor. 
 
 2. The creation of dowries or gifts by reason of marriage, in favor of 
 the wife, children, or strangers. 
 
 3. Conveyances of real property for the payment of debts which have 
 not yet fallen due. 
 
 4. Voluntary mortgages created for the security of debts previously 
 contracted without this guaranty, and which have not yet fallen due, 
 provided the conditions of the principal obligation are not thereby 
 encumbered. 
 
 5. Any contract by which the debtor transfers or renounces expressly 
 or impliedly any property right. 
 
 It shall be understood that no price or its equivalent figures in said 
 contracts, when the notary does not certify as to its delivery or if the 
 contracting parties acknowledge that the delivery had previously 
 taken place, and the fact is not proveu or it is shown that it must be 
 embraced in case No. 3 of this article. 
 
 Art. 41. The owner of tire realty or of the property right shall be 
 considered a party to the fraudulent conveyance in the second case, 
 No. 2 of article 37 : 
 
 1. When it is proven that he knew the purpose of making said 
 conveyance, and that he was a party to it in the character of last 
 owner or in any other capacity. 
 
 2. When he acquired his interest, either directly from the debtor or 
 from a subsequent purchaser, for half or less than half its true value. 
 
 3. When any kind of false statements or subterfuge has been 
 employed in the contract executed by the debtor, and it is proven that 
 the owner had notice or took advantage thereof. 
 
 Title III. 
 
 CAUTIONARY NOTICES. 
 
 Art. 42. Cautionary notices of their respective interests in the cor- 
 responding public Registries may be demanded by: 
 
 1 . The person who enters suit for the ownership of the real property, 
 or for the creation, declaration, modification, or extinction of any prop- 
 erty right. 
 
 2. The person who, in accordance with the law, obtains a writ of 
 attachment against the real property of the debtor. 
 
 3. The person who, in any trial, obtains a decree against the defend- 
 ant, which must be carried out in the manner prescribed by title 8 of 
 the Law of Civil Procedure. 
 
19 
 
 4. The person who enters a declaratory suit for the fulfillment of any 
 obligation, and who, in accordance with the laws, obtains a decree 
 ordering the sequestration or prohibiting the alienation of the real 
 property. 
 
 5. The person who enters a suit for the purpose of obtaining any of 
 the decrees mentioned in No. 4 of article 2 of this law. 
 
 6. The widower by the right granted him by article 838 of the Civil 
 Code. 
 
 7. The legatee who, according to the law, has no right to institute 
 testamentary proceedings. 
 
 8. The agricultural creditor, during the time the work lasts which 
 is the object of the loan. 
 
 9. The person who presents an instrument to the Eegistry which can 
 not be definitely recorded on account of some omission which may be 
 repaired, or on account of the incapacity of the Register. 
 
 10. The person who in any other case has a right to demand a cau- 
 tionary notice in accordance with the provisions of this law. 
 
 Art. 43. In the case of No. 1 of the preceding article, no caution- 
 ary notice may be made unless it is so ordered by a judicial decree 
 issued at the instance of a person having a right thereto and by virtue 
 of a document sufficient in the opinion of the judge. 
 
 In the case of No. 2 of the same article, the record shall be obligatory, 
 according to the provisions of article 1435 of the Law of Civil Procedure, 
 in force in the Philippines, and article 1451 of the law which is in force 
 in Cuba and Puerto Rico. 
 
 In the case of No. 5 of the said preceding article, the entry must also 
 be made by virtue of a judicial decree, which may be issued by reason 
 of the duty to do so, when there are no persons requesting it, provided 
 the court, in its opinion, deems said entry advisable to insure the 
 effect of any judgment which may be rendered in the suit. 
 
 Art. 44. The creditor who obtains an entry in his favor in cases 
 Nos. 2, 3, and 4, of article 42, shall have preference, only with regard to 
 the property entered, over those who have another claim against the 
 same debtor, contracted subsequently to said entry. 
 
 Art. 45. In the case No. 6 of article 42, the widower may demand a 
 cautionary notice of the right of use which belongs to him, against 
 all the realty of the inheritance, in accordance with the procedure indi- 
 cated in articles 55, 56, and 57, of this law. 
 
 Art. 46. The legatee, who has no right, according to the law, to insti- 
 tute testamentary proceedings, may at any time request a cautionary 
 notice against the goods bequeathed him, if they consist of specific 
 personal property. 
 
 If the legacy is not specific, tbe legatee may demand a record of its 
 value against any of the realty of the inheritance sufficient to cover it, 
 within 180 days following the death of the testator. 
 
 In either case the entry shall be made by presenting in the Registry 
 the instrument on which the interest of the legatee is based. 
 
20 
 
 The legatee of specific personal property, or of credits, or annuities 
 arising therefrom, can procure a cautionary notice against such prop- 
 erty only. 
 
 Art. 47. The legatee of goods or money can not demand their entry 
 against real property which has been expressly bequeathed to others. 
 
 Art. 48. No legatee of goods or money who has a cautionary notice 
 in his favor can prevent another legatee of the same kind from obtain- 
 ing another entry within the period allowed by law in his favor against 
 the property which has already been entered. 
 
 Art. 49. If the heir wishes to enter, in his name, the goods inherited 
 within the 180 days mentioned, and there is no legal obstacle thereto, 
 he may do so, provided that all the legatees previously renounce, by 
 public deed, their right to entry, or, in case no express renunciation is 
 made, the same legatees are notified thirty days beforehand of the 
 request of the heir, so that they may make use of their privilege within 
 said period, if they wish to do so. 
 
 This notification shall be made in accordance with the provisions of 
 articles 254, 255, 258, and 509 of the Law of Civil Procedure in force in 
 the Philippines, and 270, 271, 274, and 525 of the oneun force in Cuba 
 and Puerto Rico. 
 
 If the identity of the legatees is in doubt, the judge or court shall order 
 that a cautionary notice of their legacy be made, either at the instance 
 of the heir himself, or at that of any other interested person, or by 
 reason of a special duty. 
 
 The heir who requests a record in his favor of the property inherited, 
 within the 180 days referred to, may at once have a cautionary notice 
 thereof made. 
 
 This entry shall not be converted into a definite record until the lega- 
 tees have expressly or impliedly renounced the entry of their legacies, 
 and it shall be canceled with regard to the property against which the 
 same legatees request a cautionary notice to be filed in accordance with 
 their rights. 
 
 Art. 50. The legatee who obtains a cautionary notice shall be pre- 
 ferred to the creditors of the heir who may have accepted the inherit- 
 ance without the benefit of inventory, and to any other who, subsequent 
 to the date of said entry, acquires some interest in the property entered; 
 but it is to be understood that this preference is only in so far as the 
 value of said property is concerned. 
 
 Art. 51. The cautionary notice shall give preference, with regard to 
 the value of the entered property, to the legatees who may have made 
 use of their right within the 180 days mentioned in article 46 over 
 those who do not make use of their privilege within the same period. 
 
 Those who have secured said entry within this period shall have no 
 preference over each other, but without prejudice to that correspond- 
 ing to the specific legatee, in accordance with common law, over other 
 legatees, in this instance as well as in the case of his not having 
 requested its entry. 
 
21 
 
 Art. 52. The legatee who is not specific, and allows the period men- 
 tioned in article 46 to elapse without making use of his privilege, may- 
 only later on demand a cautionary notice against the property of the 
 inheritance which is in the hands of the heir; but this shall have no 
 effect against any person who may have previously acquired and 
 recorded some interest in the inherited property. 
 
 Art. 53. The legatee who, after the 180 days have elapsed, should 
 request a cautionary notice against the hereditary property which is in 
 the hands of the heir, shall not thereby acquire any preference over the 
 other legatees who may have omitted this formality, nor shall he gain 
 any other advantage than that of recovering his legacy before any 
 creditor of the heir subsequently acquiring some interest in the entered 
 property. 
 
 Art. 54. An entry, requested after this period has elapsed, may be 
 made against property noted within this period in favor of another 
 legatee, provided they are in possession of the heir; but the legatee 
 who obtains it can recover his legacy only to the extent of the value of 
 the property after the claims of those who had their entry made within 
 said period have been satisfied. 
 
 Art. 55. A cautionary notice of legacies and of agricultural loans 
 made shall not be judicially decreed without previous proceedings and 
 hearing of those who may have any interest in preventing it. 
 
 Art. 56. The cautionary notice of legacies may be made by virtue 
 of an agreement between the parties or by a judicial decree. 
 
 Art. 57. When the entry must be made by virtue of a judicial decree, 
 the legatee shall appear before the judge or court having jurisdiction of 
 the will establishing his right, presenting the documents on which it is 
 founded, and specifying the property which he desires to have entered. 
 The court, in an oral trial, and in accordance with the statements of the 
 heir and said legatee, shall render a decision, either refusing or comply- 
 ing with the request, in accordance with the procedure established by 
 chapter 4, title 2, book 2 of the Law of Civil Procedure. 
 
 In the latter case it shall specify the property which is to be entered, 
 and shall send the respective communication to the Register, inclosing 
 a literal copy of its decision, for compliance. 
 
 An appeal may be taken from this decision to the Audiencia of the 
 district. 
 
 Art. 58. If the entry has been judicially requested by one legatee 
 and a second one appears with a similar claim on the same property, he 
 shall also be heard at the trial. 
 
 Art. 59. The agricultural creditor may request an entry against the 
 estate which is the subject of the loan for the amounts which he 
 advanced in one payment or in successive ones, presenting the written 
 contract he may have in any legal manner made with the debtor. 
 
 This entry shall have, with regard to the agricultural loan, all the 
 effects of a mortgage. 
 
22 
 
 Art. 60. It shall not be necessary that the instruments by virtue of 
 which the cautionary notice of agricultural loans is requested should 
 specify the exact amount of money or effects these credits consist of, 
 and it shall be sufficient for them to contain enough details to liqui- 
 date them when the works contracted for are terminated. 
 
 Art. 61. If the estate which is the subject of the agricultural loan 
 should be subject to recorded real property agreements, the entry can 
 only be made by virtue of a unanimous agreement, by means of a pub- 
 lic instrument between the owner and the persons in whose favor said 
 agreements are created, on the object of the improvement itself, and 
 the value of the estate before beginning the works, or by virtue of a 
 judicial decree issued in a proceeding for the purpose of fixing said 
 value, and in which all the parties indicated are cited. 
 
 Art. 62. If any of those in whose favor the real-property agreements 
 mentioned in the preceding article are entered is not a person whose 
 identity is known, or is absent and his residence is unknown, or he 
 refuses his consent thereto, the entry may only be made by virtue of a 
 judicial decree. 
 
 Art. 63. The value at which the estate which is the subject of the 
 agricultural loan is appraised, before the work is begun, shall appear 
 in the record of the debt. 
 
 Art. 64. The persons in whose favor property rights are created in 
 the estate which is the subject of the agricultural loan, the value of 
 which appears in the form prescribed by the preceding articles, shall 
 reserve their rights of preference with regard to the agricultural cred- 
 itor, but only to the extent of the appraised value of the estate. 
 
 The agricultural creditor shall be considered as a mortgagee, with 
 respect to the excess of the value of the estate over the obligations 
 mentioned above, and in any case, with respect to the difference 
 between the price at which the estate was appraised before the im- 
 provement and its value at the time of the judicial conveyance. 
 
 Art. 65. Errors which may be remedied are such as affect the valid- 
 ity of the instrument itself, without necessarily producing the nullity of 
 the obligation created thereby. 
 
 Should the instrument contain any of these errors, the Eegister shall 
 suspend its record, and shall enter a cautionary notice thereof if the 
 person presenting the instrument request it. 
 
 Errors which can not be corrected are such as necessarily produce 
 the nullity of the obligation. 
 
 If the instrument should not contain any error of this kind, its record 
 will be refused, and no cautionary notice can be entered. 
 
 Art. 66. The parties interested may object to administrative officers 
 against the decision respecting the instrument made by the Eegister, 
 without prejudice to applying, if they wish to do so, to the courts of 
 justice to discuss and contend among themselves regarding the valid- 
 ity or nullity of the documents or of the obligation. In case record is 
 
23 
 
 suspended on account of errors in the instrument which may be cor- 
 rected, and the cautionary notice is not requested, the interested 
 parties may correct the errors within the thirty days during which the 
 entry of presentation is effective. If the cautionary notice is entered, 
 they may be corrected during the time the latter remains in force, 
 according to article 96. 
 
 If record has been refused, and the interested person should enter a 
 suit before the courts of justice to have established the validity of the 
 instrument or obligation, within the thirty days following the date 
 of the record of presentation, he may demand entry of a cautionary 
 notice of his suit, and the entry shall be antedated to conform with 
 the date of the record of presentation. 
 
 After said period the cautionary notice of the suit shall be effectual 
 only from its date. 
 
 In the case of appealing to administrative officers against the deci- 
 sion respecting the instrument, all the periods mentioned in the two 
 preceding paragraphs shall be suspended from the day the appeal is 
 entered until its final resolution. 
 
 Art. 67. In case an entry is made because the record can not take 
 place on account of an error which can be corrected, the interested 
 party may demand that the Register give him a copy of said entry, 
 authenticated by his signature, in which shall appear whether there 
 are pending or not any other instruments relative to the same realty, 
 and, if so, what they are. 
 
 Art. 68. Decrees ordering or refusing a cautionary notice in cases 
 1, 5, and 6 of article 42 may be appealed from for review only (uu solo 
 efecto). 
 
 In case No. 7 of the same article the decree may be appealed from 
 for review and also to stay proceedings (ambos efectos) when the per- 
 son who has some prior property right in the recorded realty has 
 opposed the entry. 
 
 Art. 69. The person who may demand a cautionary notice of an 
 interest and should not do so within the period prescribed for this 
 purpose can not have it entered subsequently in his favor to the 
 prejudice of a third person who may have recorded the same interest, 
 having acquired it from a person who, according to the Registry, was 
 competent to convey it. 
 
 Art. 70. When the cautionary notice of an interest is converted 
 into a definite record of the same, it shall be effectual from the date of 
 its entry. 
 
 Art. 71. The real property or property rights which are entered 
 may be conveyed or encumbered, but without prejudice to tbe right of 
 the person in whose favor the entry was made. 
 
 If the real property or property rights of which cautionary entries 
 have been made in accordance with article 42, ISTos. 2 and 3, should be 
 awarded to a claimant by virtue of a judgment rendered in a suit, or 
 if it were necessary to offer them at public sale, a notice of said award 
 
24 
 
 or advertisement shall be transmitted to the person who may have 
 acquired said property or rights during the pendency of the suit. 
 
 Said notice must be issued at the instance of the plaintiff after the 
 award has been finally decreed or before the sale in the judicial pro- 
 ceedings takes place, observing the provisions of articles 260 to 269 of 
 the Law of Civil Procedure in force in the Antilles, and articles 244 
 to 253 of the one in force in the Philippines. 
 
 After the notice referred to in the preceding paragraph has been 
 made the person notified may free the property in question by paying 
 the amount mentioned in the entry to cover principal and costs; this 
 must not be construed as meaning that he is obliged to pay a larger 
 sum than that mentioned in the entry. Should he not do so within ten 
 days, the record of his ownership shall be canceled in the Registry, as 
 well as any other record that has been made after the entry, for which 
 purpose the respective order shall be transmitted to the Register at the 
 instance of the purchaser at the auction, or of the person to whom it 
 has been awarded. 
 
 If the conveyance executed and recorded during the pendency of the 
 suit relates to an estate, the ownership of which is demanded by vir- 
 tue of a claim, a cautionary notice of which has been made in accord- 
 ance with No. 1 of article 42 of this law, a certified copy of the final 
 judgment in favor of the ownership of the plaintiff shall be a valid title 
 deed by virtue of which this record may be canceled. 
 
 Final decrees of prohibition or declaring the legal incapacity of some 
 person for administration, or by which his civil status with reference 
 to the free disposition of his property is modified, shall be sufficient 
 documents for the cancellation of records of conveyances executed 
 during the period of the pendency of the suit instituted by the person 
 who has been declared incapacitated, provided a cautionary notice of 
 the claim, which is the basis of the decree, shall have been previously 
 made in accordance with the provisions of article 42, No. 5. 
 
 Art. 72. Cautionary notices shall embrace the details required for 
 record by articles 9, 10, 11, 12, and 13, in so far as they appear in the 
 deeds or documents presented at the time said entries are requested. 
 
 Such as are caused by writs of attachment or sequestration shall 
 express the reason for which they were granted and the amount of the 
 obligation involved. 
 
 Art. 73. Any judicial decree ordering a cautionary notice, shall 
 express the details which the latter must contain, according to the 
 provisions of the preceding article, if it so appear from the deeds or 
 documents, which were examined and were the basis of said decree. 
 
 When the entry must embrace all the property of a person, as in 
 cases of incapacity or other similar cases, the Register shall enter all 
 that are recorded in favor of such person. 
 
 In this case the property which is not recorded may also be entered, 
 provided the judge or court so order it, and a previous record is made 
 in favor of the owner of the property encumbered by said entry. 
 
25 
 
 Art. 74. If the instruments or documents, by virtue of which the 
 cautionary notice is requested judicially or extra judicially, should not 
 contain the details required to make it valid, such details shall be stated 
 by the interested parties in the petition in which they solicit the entry by 
 common consent. Should there be no agreement, the person requesting 
 the entry shall mention these details in the document in which he solicits 
 it, and after hearing the other interested party as to its accuracy, the 
 judge or court will decide as they deem proper. 
 
 Art. 75. Cautionary notices shall be made in the same part of the 
 book where the record would be made, if the right entered should be 
 converted into a recorded right. 
 
 Art. 76. A cautionary notice shall be null when the estate or interest 
 entered, or the persons whom the entry concerns, or its date, can not 
 be identified therefrom. 
 
 Title IV. 
 
 CANCELLATION OF THE RECORD AND OF THE ENTRY OF CAUTIONARY 
 
 NOTICES. 
 
 Art. 77. Eecords are not extinguished as to third persons except by 
 their cancellation, or by a record of the transfer of the ownership or 
 property right recorded, to another person. 
 
 Art. 78. Cancellation of records or of cautionary notices may be 
 total or partial. 
 
 Art. 79. A total cancellation may be demanded, and should be 
 ordered in a proper case : 
 
 1. When the realty, which is the subject of the record, is completely 
 extinguished. 
 
 2. When the recorded interest is also completely extinguished. 
 
 3. When the instrument, by virtue of which the record was made, is 
 declared null. 
 
 4. When the nullity of the instrument is declared, because some 
 essential requisite is lacking, in conformity with the provisions of 
 article 30. 
 
 Art. 80. A partial cancellation may be demanded and should be 
 decreed in a proper case : 
 
 1. When the realty, which is the subject of the record or cautionary 
 notice, is diminished. 
 
 2. When the interest recorded is diminished in favor of the owner of 
 the encumbered estate. 
 
 Art. 81. The enlargement of any recorded interest shall be the sub- 
 ject of a new entry, in which reference shall be made to the interest 
 enlarged. 
 
 Art. 82. The records or cautionary notices made by virtue of a 
 public document can not be canceled except by a final decree, from 
 which there is no appeal in cassation pending, or by any other authen- 
 ticated instrument or document, in which the person in whose favor the 
 
26 
 
 record or entry has been made, or bis legal representative or attorney 
 signifies his consent to the cancellation. 
 
 Notwithstanding the provisions of the preceding paragraph, the 
 records or entries referred to therein may be canceled without the 
 requisites mentioned, when the interest recorded is extinguished by a 
 declaration of law, or as a result of the recorded deed itself. 
 
 The records and entries made by virtue of judicial decrees may only 
 be canceled by a final decree, in which the facts provided by the first 
 paragraph of this article appear. 
 
 Records made to account for sums represented by negotiable instru- 
 ments may be canceled through the presentation of a document executed 
 by those who collected the debts, and from which it must appear that at 
 the time of its execution the negotiable instruments were canceled, or 
 by a petition signed by these parties and the debtor, to which the instru- 
 ments referred to will be attached, duly perforated. If some of them 
 have been lost, there shall be presented with the document or petition 
 a copy of the judicial decree declaring their cancellation. The register 
 must convince himself of the authenticity of the signatures and the 
 identity of the persons who make the request. 
 
 Eecords made to account for sums represented by instruments exe- 
 cuted to bearer can not be canceled if the extinction of all the secured 
 obligations can not be proven, unless a copy of the judicial decree declar- 
 ing the extinction of said obligations is presented. 
 
 In the case mentioned in the preceding paragraph, in order to issue 
 the judicial decree, four calls of those having a right to oppose the can- 
 cellation must be made by means of public notices and advertisements 
 in the official papers, each one for the period of six months. 
 
 Art. 83. If a record or entry has been created by virtue of a judicial 
 decree, and the parties interested agree in a legal manner to cancel it, 
 they shall apply to the judge or court of competent jurisdiction by means 
 of a document expressing their wishes, and after its contents have been 
 ratified, if there is or can be no prejudice against third persons, a decree 
 ordering the cancellation shall be issued. 
 
 The judge or court shall also issue a similar decree, when it is deemed 
 advisable, although the person in whose favor the entry or record has 
 been made does not consent to the cancellation. 
 
 If the record or entry has been created by means of a public docu- 
 ment and its cancellation is ordered, the person whom said cancellation 
 prejudices not consenting thereto, the other interested party may enter 
 a declaratory suit therefor. 
 
 Art. 84. The judge or court, or the one which has legally succeeded 
 it in such matters, which may have ordered an entry of a cautionary 
 notice, or its conversion into a definite record, shall be competent to 
 order its cancellation. 
 
 Art. 85. A cautionary notice shall be canceled, not only when the 
 interest entered is extinguished, but also when it is respectively agreed 
 
27 
 
 to in the document or ordered in the decree that it be converted into a 
 definite record. 
 
 If the entry has been made without a public document, and it is to 
 be canceled without converting it into a definite record, the cancella- 
 tion may also be made by means of documents similar to those which 
 were presented when the entry was requested. 
 
 Art. 86. An entry in favor of a legatee who is not specific, shall be 
 extinguished one year after its date. 
 
 If a legacy is not demaudable at the end of ten months, the cautionary 
 notice shall be considered effectual for two months longer, during which 
 time it may be demanded. 
 
 Art. 87. If, before the cautionary notice is extinguished, it appears 
 inefficient for the security of the legacy, on account of the liens or 
 special conditions of the property entered, the legatee may demand 
 that another be created against different property in the inheritance, 
 provided such exists on which such incumbrance may be charged. 
 
 Art. 88. The legatee of rents or periodical annuities, absolutely 
 imposed by the testator on any heir or on other legatees, but without 
 declaring this obligation a personal one, shall have a right, within the 
 period fixed in article 86, to demand that the cautionary notice which 
 he may have made of his claim be converted into a record of mortgage. 
 
 Art. 89. The heir or legatee who has been charged with the annuity 
 must create the mortgage mentioned in the preceding article on the 
 same property which has been entered, if it is awarded to him, or on 
 any other real property of the estate which may be awarded to him. 
 
 The choice, in any case, lies with the encumbered heir or legatee, 
 and the person receiving the annuity must accept the mortgage offered 
 by the former, provided it is sufficient and on property of the estate. 
 
 Art. 90. The person receiving the annuity, who has not filed a cau- 
 tionary notice, may also, at any time, demand a record of his mortgage 
 interest in the property of the estate which is in the possession of the 
 heir, or which may have been awarded to the specially charged legatee 
 or heir, provided he can do so by means of an efficient cautionary 
 notice in accordance with the provisions of the preceding article. 
 
 This entry will only be effectual from its date. 
 
 Art. 91. The person receiving the annuity, who may have obtained a 
 cautionary notice, can not demand a mortgage on any other property than 
 that entered, if it is sufficient to secure the legacy. Should it not be suf- 
 ficient, he may demand the creation of a mortgage on other property of 
 the estate; but in the latter case he must act in conformity with the pro- 
 visions contained in the second paragraph of the preceding article. 
 
 Art. 92. An entry in favor of an agricultural creditor shall be extin- 
 guished sixty days after the completion of the work which was the 
 subject of the loan. 
 
 Art. 93. An agricultural creditor may convert his cautionary notice 
 into a mortgage record if at the end of the period mentioned in the 
 
28 
 
 preceding article his loan has not been repaid entirely, the time stipu- 
 lated in the contract not having expired. 
 
 If the time stipulated for the payment has expired, the creditor may 
 either extend it by converting the entry into a mortgage record, or may 
 demand immediate payment, for which purpose the entry will have the 
 effect of a mortgage. 
 
 Art. 94. To convert an entry of an agricultural credit into a record 
 of mortgage, the former shall be liquidated, if it is not already so, aud 
 a public deed shall be executed. 
 
 Art. 95. Any questions which may arise between the creditor and 
 the debtor as to the liquidation of the agricultural loan, or regarding 
 the creation of the mortgage, shall be decided by means of a declaratory 
 suit. During the trial and settlement of this suit the cautionary notice 
 shall remain in force and effect. 
 
 Art. 96. An entry demanded because a record could not be made on 
 account of errors which can be corrected in the deed presented, shall 
 become null sixty days after its date. 
 
 This period may be extended to one hundred and eighty days for just 
 cause, and by virtue of an administrative resolution of the president of 
 the Audiencia of the district, provided the deed presented does not 
 emanate from a judicial decree, in which case the time can only be 
 extended by another similar decree. 
 
 Art. 97. The cancellation of the records of cautionary notices does 
 not in and of itself extinguish, with regard to the parties, the interests 
 recorded which it effects; but when it has been made without any 
 apparent cause for annulment, such as those mentioned in the follow- 
 ing article, it shall have all its effects with regard to third persons, 
 who, by reason thereof, may have acquired or recorded any interest, 
 although later it is annulled for some reason which does not clearly 
 appear from the said record of cancellation. 
 
 Art. 98. The cancellation shall be void: 
 
 1. When it does not clearly show what record or entry has been 
 cancelled. 
 
 2. When it .does not contain the names of the parties thereto, of the 
 notary, or in a proper case the judge or court, and the date of the execu- 
 tion or delivery of the deed, by virtue of which the cancellation was 
 made. 
 
 3. When it does not express the name of the person at whose instance 
 or with whose consent the cancellation was made. 
 
 4. When the cancellation is made in the name of a person other than 
 the one in whose favor the record or entry is made, and it does not 
 appear therein by what authority said person acted. 
 
 5. When a partial cancellation does not specify clearly what part of 
 the realty has disappeared, or what part of the obligation is extin- 
 guished and what still remains. 
 
 G. When the cancellation having taken place by virtue of the record 
 or entry of a private document, the Register does not certify that he 
 
29 
 
 is acquainted with the persons signing the same, or with the witnesses, 
 in default of the former. 
 
 7. When the date of the presentation of the instrument by virtue of 
 which the cancellation was ordered or agreed to, is not contained in 
 the Registry. 
 
 Art. 99. The cancellation may be declared null, but not to the pre- 
 judice of third persons, in accordance with the provisions of article 97 : 
 
 1. When the instrument by virtue of which it was made is declared 
 false, null, or insufficient. 
 
 2. When it has been effected through error or fraud. 
 
 3. When an incompetent judge or court ordered it. 
 
 Art. 100. Registers shall determine under their responsibility, the 
 legality of documents by virtue of which cancellation is requested, and 
 the capacity of the parties thereto. 
 
 Art. 101. They shall determine in the same manner documents issued 
 by judicial authorities, for the sole purpose of making or not making 
 the cancellation of some record in the Registry. 
 
 Against these determinations, and those mentioned in the preced- 
 ing article, the remedies mentioned in article 6Q of this law may be 
 taken. 
 
 Art. 102. The Register shall at once make the cancellation upon the 
 president declaring the competency of the judge. 
 
 When the judge is not considered competent, the same Register shall 
 communicate this decision to the person interested, returning the 
 documents. 
 
 Art. 103. An appeal may be taken to the Audiencia from the decision 
 of the president by the judges as well as by the parties interested, 
 who, after a a hearing, shall determine what it may deem just. 
 
 A remedy by cassation may be had as respects the decision of the 
 Audiencia. 
 
 Art. 101. The cancellation of any record must necessarily contain 
 the following facts : 
 
 1. The kind of document by virtue of which the cancellation is made. 
 
 2. The date of the document and of its presentation to the Registry. 
 
 3. The name of the judge, court, or official who may have issued it, 
 or the notary before whom it was executed. 
 
 1. The names of the parties interested in the records. 
 5. The manner in which the cancellation was made. 
 
 Title V. 
 
 Mortgages. 
 
 Section 1. — Mortgages in general. 
 
 Art. 105. A mortgage, directly and primarily, subjects the property 
 on which it is imposed, no matter who may be its owner, to the fullill- 
 meut of the obligation for the security of which it was constituted. 
 
30 
 
 Art. 106. The following only are mortgageable: 
 
 1. Real property. 
 
 2. Property rights in the realty, alienable in accordance with the 
 laws. 
 
 Art. 107. The following are mortgageable, but with such restrictions 
 as are hereinafter expressed : 
 
 1. A building erected on ground belonging to another, which, if mort- 
 gaged by the person who constructed it, shall be without prejudice to 
 the right of the owner of the ground, this incumbrance being only 
 secured by the interest which the person who constructed the building 
 has therein. 
 
 2. The right of use, the mortgage being extinguished if the use ter- 
 minates by an act independent of the will of the grantee. If it is 
 terminated by his will, the mortgage shall be effectual until the obliga- 
 tion secured is fulfilled, or until such time as the use would naturally 
 have terminated had the act not occurred which put an end thereto. 
 
 3. The mere ownership, in which case, if the use is merged with it in 
 the person of the owner, the mortgage shall not only be maintained, but 
 shall also extend to the use itself, unless the contrary has been agreed to. 
 
 4. Property already mortgaged, even if it was agreed not to mort- 
 gage it again, provided the preference is reserved, which the creditors 
 in whose favor the prior mortgages are created have in the collection 
 of their loans. 
 
 5. Surface, pasture, water, timber, and other similar property rights, 
 provided the interests of other owners in common of the property are 
 reserved. 
 
 6. Railroads, canals, bridges, and other works destined for the pub- 
 lic service the operation of which the Government has granted for ten 
 or more years, and the buildings or lands which, although not directly 
 and exclusively used for said service, belong to private parties, provided 
 they have been added to those works; but the mortgage shall be depend- 
 ent on the determination of the right of the owner of the concession. 
 
 7. Property belonging to persons not having the free disposition 
 thereof, in the cases and with the formalities which the laws prescribe 
 for its alienation. 
 
 8. The interest in a voluntary mortgage, but the said mortgage shall 
 be dependent on the determination of the said interest. 
 
 9. Property sold under a covenant to reconvey, or similar agreement, 
 if the purchaser or his attorney limits the mortgage to the amount he 
 would receive in case the sale is decided upon, a notice of the contract 
 being given to the vendor, so that if the property is redeemed before the 
 mortgage is canceled he shall not return the price without the knowl- 
 edge of the creditor, provided no judicial order has been issued to that 
 effect, or if the vendor or his agent mortgages the value of the property 
 and also the amount which the purchaser would realize if the sale is 
 decided on; but in the latter case the creditor can not proceed against 
 the property mortgaged without previously redeeming it, in the name 
 
31 
 
 of the debtor, within the period the latter has a right to do so, advancing 
 the sum which may be necessary for this purpose. 
 
 10. Property in litigation, if a cautionary notice has been made of the 
 claim which is the basis of the litigation, or if it appears in the record, 
 that the creditors had knowlege of the suit, but in either case, the 
 mortgage shall depend upon the decision of the suit, without prejudicing 
 the rights of the persons interested therein, with the exception of those 
 of the mortgagor. 
 
 Art. 108. The following are not mortgageable : 
 
 1. Growing crops and unpaid rents, separated from the estate which 
 produces them. 
 
 2. Chattels permanently located in buildings, either useful or orna- 
 mental, or for the service of some industry, unless they are mortgaged 
 together with said building. 
 
 3. Public offices conferred by the Crown (oficios publicos). 
 
 4. Bonds of the State debt, or of provinces or towns, and the obliga- 
 tions and stocks in banks, corporations, or companies of any kind. 
 
 5. The property right in things, which, although they will be owned 
 in the future, are not yet recorded in the name of the person who will 
 have a right to own them. 
 
 6. Servitudes, unless they are mortgaged together with the dominant 
 estate, and excepting in any case that of water, which may be 
 mortgaged. 
 
 7. The right of use which the law allows fathers or mothers in the 
 property of their children and the surviving spouse in the property 
 of the deceased. 
 
 8. Use and occupation. 
 
 9. Mines, if a definite title thereto has not yet been obtained, even 
 if they are situated within one's own property. 
 
 Art. 109. The owner of property which is subject to pending condi- 
 tions subsequent may mortgage or convey the same, provided the rights 
 of the person interested in said conditions is not prejudiced, an express 
 reserve of the rights referred to being made in the record. 
 
 If the pending condition subsequent should affect the whole property 
 mortgaged, the latter can not be conveyed to collect the debt until said 
 condition has been fulfilled and the realty passes to the absolute own- 
 ership of the debtor, but the income to which the latter is entitled shall 
 at once be applied to the payment of the debt. 
 
 When the condition subsequent affects only a portion of the property 
 mortgaged it must be judicially conveyed, together with said condition 
 subsequent, to which the ownership of the debtor is subject, and the 
 selling price, besides the income he is entitled to, being applied to the 
 payment. 
 
 If, before the sale takes place, the debtor acquires the absolute own- 
 ership in the property mortgaged, the creditor has a right of action 
 against it, and may demand that it be conveyed for the payment. 
 
 The provisions of this article may be applied to the property pos- 
 
32 
 
 sessed, with a pending right of subrogation in favor of persons who 
 may not have consented to the mortgage of said property. 
 
 Art. 110. A mortgage extends to natural increase, improvements, 
 growing crops, and rents not collected when the obligation falls due, 
 and the value of indemnities allowed or due the owner for insurance 
 on the property mortgaged, or by virtue of condemnation by right of 
 eminent domain. 
 
 Art. 111. In accordance with the provisions of the preceding article, 
 the following shall be considered mortgaged together with the estate, 
 provided they belong to the owner of the estate, although they are not 
 mentioned in the contract: 
 
 1. Chattels permanently located in a building, either useful or orna- 
 mental, or for the service of some industry, even though they were 
 placed there after the creation of the mortgage. 
 
 2. Improvements consisting of new plantings, works of irrigation 
 and drainage, repairs, works for safety or alterations, comfort, orna- 
 mentation or raising of buildings, and any other similar works, which 
 do not consist of additions to the land, except natural accretions, or 
 in the new construction of buildings, where previously none existed. 
 
 3. Crops, which at the time the obligation falls due, are growing on 
 the trees and plants, or have already been harvested, but not yet 
 removed or warehoused. 
 
 4. Eents due and not yet paid, whatever may be the reason they 
 have not been collected, and such as shall have to be paid until the 
 creditor has recovered his whole credit. 
 
 5. Indemnities awarded or due the owner of the mortgaged realty, 
 either for the insurance thereof or for the crops, provided the damage 
 occurred after the creation of the mortgage, or on account of condem- 
 nation of the laud by the right of eminent domain. 
 
 Art. 112. When the mortgaged estate passes into the hands of a 
 third party, the mortgage shall not extend to the chattels permanently 
 located in the buildings, nor to the improvements which do not consist 
 in repairs, works for security or alterations, provided the costs thereof 
 have been defrayed by the new owner, nor to growing crops and rents 
 due, which are the property of the latter. 
 
 If some portion of the ground of an estate encumbered by prior 
 mortgages passes into the hands of a third person, and it appears by 
 the Registry that it does not contain any machinery, chattel, object, or 
 construction of any kind, said portion of the estate shall continue sub- 
 ject to prior mortgages on the estate; but the third person may remove, 
 whenever it is convenient for him to do so, any machinery, object, chat- 
 tel, or construction which he may have brought or placed there, accord- 
 ing to the circumstances, judicial proceedings against such additions 
 being prohibited, and it not being lawful, when the estate and the por- 
 tion sold is attached or sold at a public sale by other previous creditors 
 of record, to demand the retention of such additions, whatever may be 
 
33 
 
 their character. Prior mortgagees shall be notified of the record of the 
 sale. 
 
 Art. 113. The owner of the accessions or improvements which are 
 not considered mortgaged according to the provisions of the first para- 
 graph of the preceding article, may demand their value or retain the 
 objects of which they consist, if this can be done without depreciating 
 the value of the rest of the property ; but in the former case he can not 
 prevent the fulfillment of the principal obligation under the pretext 
 of enforcing his right, being obliged to recover what is due him for the 
 price of the property itself when it is conveyed for the payment of the 
 debt. 
 
 Art. 114. A mortgage created in favor of an interest-paying debt 
 shall secure to the prejudice of third persons, besides the capital, only 
 the interest for the two years last past and such part as is due for the 
 current year. 
 
 Art. 115. After three years have elapsed from the time the loan began 
 to accumulate interest which remains unpaid, the creditor may demand 
 that the mortgage created be enlarged on the same mortgaged prop- 
 erty, for the purpose of securing the interest corresponding to the first 
 of said years, but only in case the obligation to pay part of the interest 
 is past due and the debtor has failed to satisfy it. 
 
 If the creditor makes use of his right after said three years have 
 elapsed, he may demand that a mortgage be extended to cover all the 
 interest which at the time of said extension was not covered by the first 
 mortgage ; but this can in no case prejudice a mortgage created in favor 
 of a person who had previously and after the two years acquired an 
 interest in the mortgaged property. 
 
 Should the debtor not consent to said mortgage extension the credi- 
 tor may demand it in a declaratory action and have a cautionary notice 
 of the alleged claim entered. 
 
 Art. 11G. If the mortgaged estate does not belong to the debtor, the 
 creditor can not demand that the extension of the mortgage mentioned 
 in the preceding article be created; but he has the same right of action 
 with regard to the other real property which the said debtor possesses, 
 and which he can mortgage. 
 
 Art. 117. The creditor, in case of annuities (ceusos) in arrears, can 
 not proceed against the estate thus encumbered by the annuity (censo) 
 to the prejudice of another mortgagee or subsequent annuitant, except 
 in the manner and with the restrictions mentioned in articles 111 and 
 115; but he may demand a mortgage in those cases, and with the limi- 
 tations which a mortgagee has a right to, according to the preceding 
 article, whoever may be the owner of the estate encumbered by the 
 annuity (censo). 
 
 Art. 118. When an estate on which an emphyteusis has been given 
 has incurred forfeiture according to the laws, it shall pass into the hands 
 of the immediate owner of the property, with the mortgages or incum- 
 10539 3 
 
34 
 
 brances on the realty, constituted by the grantor of the emphyteusis, 
 but all interests of said immediate owner being reserved at all times. 
 
 Art. 119. When several estates are mortgaged together to satisfy 
 one debt only, the sum or portion of the incumbrance for which each 
 estate is to be responsible shall be determined. 
 
 Art. 120. After the portion of the debt for which each mortgaged 
 estate must be responsible is entered in the record, they can not be pro- 
 ceeded against to the prejudice of third persons, except for the amount 
 for which they are respectively responsible and the corresponding 
 interest in accordance with the provisions contained in preceding 
 articles. 
 
 Art. 121. The provisions of the preceding article shall not be under- 
 stood as prejudicing the rights of the creditor, if the mortgage does 
 not satisfy the total amount of the debt, to proceed to recover the 
 difference against the other mortgaged property which the debtor still 
 owns, but without preference as to said difference over those who may 
 have acquired some real interest in the property after the mortgage was 
 recorded. 
 
 Art. 122. The mortgage shall continue intact as long as it is not can- 
 celed on all the property mortgaged, even if the obligation secured is 
 reduced, and on any other portion of the same property which is 
 retained, although the remainder has disappeared, but without preju- 
 dice to the provisions contained in the following two articles. 
 
 Art. 123. If a mortgaged estate is divided into two or more parts, 
 the mortgage debt shall not be distributed among them unless the cred- 
 itor and the debtor voluntarily agree to do so. If this distribution does 
 not take place, the creditor may proceed for the whole of the sum guar- 
 anteed against any of the new estates into which the first one was 
 divided, or against all of them simultaneously. 
 
 Art. 124. If a mortgage created for the security of a debt is distrib- 
 uted among various estates and the portion of the debt which is due 
 from any of the estates has been paid, the interested party may demand 
 a partial cancellation of the mortgage with regard to said estate. If the 
 portion of the debt paid has been applied to the discharge of one or 
 the other of the encumbered estates, not being less than the sum for 
 which each is responsible, the debtor may select the one which is to be 
 redeemed. 
 
 Art. 125. If there is only one estate mortgaged, or being several and 
 the responsibility of each one is not stated on account of the occur- 
 rence of the case mentioned in article 123, the discharge can not be 
 demanded of any portion of the mortgaged property, no matter what 
 portion of the debt has been satisfied by the debtor. 
 
 In the case of one or several estates being encumbered by mortgage 
 debts of various creditors, and they are sold or awarded for the pay- 
 ment of the first creditor in such manner that the value of what is sold 
 or awarded does not equal or exceed the mortgage debt which is liqui- 
 
35 
 
 dated, the remaining debts shall be, by act and right, considered can- 
 celed, and will therefore be canceled in the registry after the proper 
 order of the court for the sale or award, and the reasons therefor are 
 filed referring to the instrument which created the solvency of the pre- 
 ferred debt, all subsequent records of annuities (censos) or mortgages 
 and records of attachment also made subsequently, thus leaving the 
 estate or estates which have been conveyed or awarded free from all 
 incumbrances. 
 
 This shall be without prejudice to other rights and actions which the 
 remaining creditors may exercise against the debtor in accordance 
 with the laws. 
 
 Art. 126. A mortgage created by a person who has no right to do so, 
 according to the Eegistry, shall not be valid, even if the mortgagor 
 subsequently acquires said right. 
 
 Art. 127. In the mortgage shall appear the value of the estate as 
 appraised by the contracting parties, which shall serve as a basis for the 
 only judicial sale which can take place, if the period of the loan having 
 expired, it does not appear in the Registry of property that said loan 
 has been paid. 
 
 Art. 128. The judicial procedure before the public sale shall consist 
 in the presentation, by the creditor, of a document to the court of com- 
 petent jurisdiction in the place in which the property is situated, 
 accompanied by the instrument constituting the debt, with a note of 
 the record, and a certificate from the Register of property testifying 
 that the mortgage lien does not appear canceled in his books at the end 
 of said period. 
 
 Payment shall be demanded of the debtor if he resides in the place in 
 which the estate is situated, or if his domicile is known ; otherwise it 
 shall be sufficient to notify the person in charge of the estate in any 
 legal capacity, so that he may inform the owner of the demand. 
 
 Thirty days after this demand the orders shall be published in the 
 Gazette (Gaceta) of the proper island, stating the condition of the title 
 deeds, the public sale taking place twenty days after said publication. 
 If there is no bidder the claimant may demand that the property be 
 awarded to him, being responsible for all prior liens, if there be any. 
 
 When an estate is sold at public auction at the instance of a second 
 or subsequent mortgagee, or common creditors, the sale shall be declared 
 null and void if a sullicient sum is not offered to cover all previously 
 recorded debts, including the interest which it appears is stipulated 
 according to the Registry. Any subsequent sales which they may deem 
 advisable may take place at the cost of the claimants, providing they 
 prove by a certificate from the Registry that they have not as yet been 
 paid. 
 
 The estate proceeded against shall not be responsible for any costs 
 which may be incurred, if the amount indispensable for this purpose 
 is not entered in the Registry. 
 
36 
 
 In the regulations for the execution of this law, the other details for 
 this summary proceeding shall be determined. 
 
 Art. 129. If, before the creditor collects his interests in the mort- 
 gaged estate it should pass into the hands of a third person, all the 
 measures prescribed in the preceding article shall have to be instituted 
 against the latter, who is subrogated to the person of the debtor. 
 
 Art. 130. The provisions of the two preceding articles may also be 
 applied to the case when an installment of the principal or interest has 
 not been paid, due at different periods, if one of them lapses without 
 the debtor fulfilling his obligation, provided said stipulation is recorded 
 in the Registry. 
 
 Art. 131. If for the payment of one of the installments of the capital 
 or interest it should be necessary to convey the mortgaged estate, and 
 other installments of the obligation shall still remain due, the sale shall 
 take place, and the estate shall be transferred to the purchaser with 
 the proper mortgage for the portion of the debt which has not yet been 
 satisfied, which portion with the interest will be deducted from the 
 price. 
 
 If the purchaser does not desire the estate with this lien, the value 
 thereof with the proper interest shall be deposited, to be paid to the 
 creditor when the pending payments fall due. 
 
 Art. 132. A person who either may have acquired only the use or 
 some interest in the mortgaged estate, or the title or direct ownership 
 of the property, the correlative interest remaining in the debtor shall be 
 considered a third party in interest, for all the purposes of article 129. 
 If there should be more than a third party in interest, because one per- 
 son had the title or direct ownership and another the use of, or some 
 interest in, the mortgaged estate, the summons shall be served on the 
 person in charge of the estate. 
 
 Art. j33. In no case shall the summary proceedings be suspended, on 
 account of the objections of a third person, if they are not founded on 
 a deed which has been previously recorded, nor by the death of the 
 debtor, nor that of the third party owning the estate, nor by a declara- 
 tion of bankruptcy, nor by the general assignment proceedings of cred- 
 itors against any of them. 
 
 Art. 134. A foreclosure shall be prescribed after twenty years, com- 
 puted from the time when such action could have been instituted, in 
 accordance with the recorded deed. 
 
 Art. 135. Mortgages legally created on property which hereafter 
 can not be mortgaged in accordance with this law, shall be governed, 
 during the time they are in force, by the previous legislation. 
 
 Art. 136. Records and cancellations of mortgages shall be made in 
 accordance with the regulations established in titles 2 and 4, for rec- 
 ords and cancellations in general, without prejudice to the special pro- 
 visions contained in this titl-e. 
 
 Art. 137. Mortgages are voluntary or legal. 
 
37 
 Section 2. — Voluntary mortgages. 
 
 Art. 138. Voluntary mortgages are mortgages which are agreed to 
 between parties, or constituted by the will of the owner of the property 
 on which they are created. 
 
 Art. 139. Voluntary mortgages may only be created by persons who 
 have the free disposition of their property, or. incase they should not 
 have it, if they are authorized to do so in accordance with the laws. 
 
 Art. 140. Persons who, in accordance with the provisions of the pre- 
 ceding Article, are authorized to create voluntary mortgages may do 
 so personally, or through an agent having a special power of attorney 
 to contract this class of obligations, executed before a Notary Public. 
 
 Art. 141. A mortgage made by a third person without sufficient 
 power, may be ratified by the owner of the mortgaged property; but 
 this shall only be effectual from the date of the new record, by which the 
 error committed is rectified. 
 
 Art. 142. A mortgage created for the security of a future obligation 
 subject to recorded conditions subsequent, shall be effectual against 
 third parties from the date of record, if the obligation is finally con- 
 tracted or the condition fulfilled. 
 
 If the obligation secured is subject to a recorded condition subse- 
 quent, the mortgage shall be effectual as to third persons until it appears 
 from the Eegistry that the condition has been fulfilled. 
 
 Art. 143. When the future obligation has been contracted, or the 
 condition subsequent mentioned in the preceding Article is fulfilled, 
 the interested parties must record it by means of a marginal note in 
 the mortgage record, without which requisite the mortgage created 
 can not benefit nor prejudice third persons. 
 
 In the same manner they must enter the nonfufillment of the condi- 
 tion or of the obligation. 
 
 Art. 144. Any act or agreement between the parties which might 
 modify or destroy the efficacy of a prior mortgage debt, such as pay- 
 ment, compensation, extension of time, a contract or promise not to 
 demand, the novation of the original contract, or a settlement or com- 
 promise, shall not be effectual against third persons unless it is entered 
 in the Eegistry by means of a new record, by a partial or total cancel- 
 lation, or by a marginal note, according to the particular cases. 
 
 Art. 145. The interest on the loan shall not be considered secured 
 with the mortgage in the manner prescribed by Article 114 unless the 
 stipulation and amount of said interest appear in the same record. 
 
 Art. 146. In order that voluntary mortgages may be legally created 
 in a valid manner, it is necessary: 
 
 1. That they were agreed to or constituted by a public instrument. 
 
 2. That the instrument is recorded in the Eegistry established by 
 this law. 
 
 Art. 147. A mortgagee may proceed against the property mortgaged 
 for the payment of tin- interest due. no matter at what period the prin- 
 cipal is to be paid: but if a third person, whom the proceedings could 
 
38 
 
 injure, is interested in said property, the sum demanded can not exceed 
 that due and not paid for the interest for the two years last past and 
 the part due for the current year. 
 
 Art. 148. Such part of the interest which the creditor can not 
 demand in a foreclosure suit, he may claim in a personal action, being 
 considered with regard thereto if there be general assignment pro- 
 ceedings, as a creditor protected by a public instrument (acreedor 
 escriturario). 
 
 Art. 149. Records of voluntary mortgages can only be canceled in 
 the manner prescribed by Article 82. If the persons who should make 
 the cancellation oppose it, it may be decreed by the Court. 
 
 Art. 150. When an annuity (censo) encumbered with a mortgage is 
 redeemed, the mortgagee shall have a right to demand of the redeemer 
 that he either pay his debt entirely, including the interest due and to 
 become due, or that he recognize the mortgage on the estate encum- 
 bered by the annuity (censo). 
 
 Art. 151. In the latter case of the preceding Article, a new record 
 of the mortgage shall be made, which shall clearly express its recogni- 
 tion by the redeemer, which shall be effectual from the date of the 
 previous record. 
 
 Art. 152. A mortgage credit may be conveyed or assigned to a third 
 person totally or partially, provided it is effected by means of a public 
 instrument, notice of which is given to the debtor, and that it is 
 recorded in the Registry. 
 
 The debtor shall not be bound by said contract to any greater extent 
 than he was by his own. 
 
 The assignee shall be subrogated to all the rights of the assignor. 
 
 Art. 153. In a mortgage created to guarantee negotiable obligations 
 or deeds to bearer, when the mortgage interest is alienated or assigned, 
 it shall be understood that the latter is transferred together with the 
 obligation or with the deed, it being unnecessary to give notice thereof 
 to the debtor, or to record the transfer in the Registry. 
 
 Art. 154. If, in the cases where it is necessary, a notice to the debtor 
 of the assignment of the mortgage debt is omitted, the assignor shall 
 be responsible for any damage which the assignee may suffer in conse- 
 quence of this omission. 
 
 Art. 155. The interests or debts secured by a legal mortgage can 
 not be assigned until the time they are due, and the persons in whose 
 names they stand, have the legal capacity to convey them. 
 
 Art. 150. A mortgage shall be effectual with regard to third parties 
 until the record is cauceled. 
 
 Section 3. — Legal mortgages. 
 
 Art. 157. Only those established in Article 108 are legal mortgages. 
 
 Art. 158. The persons in whose favor this law creates legal mort- 
 gages shall have no other right to demand the creation of a special 
 mortgage sufficient to secure their interest. 
 
39 
 
 Art. 159. To constitute a legal mortgage it is necessary that the 
 document, by virtue of which it was created, has been recorded. 
 
 Art. 160. The persons in whose favor this law establishes legal 
 mortgages may demand the constitution of a special mortgage on airy 
 real property or property rights possessed by the person who is obliged 
 to make it, always provided it is mortgageable under this law. 
 
 They may also demand this mortgage at any time, even though if 
 the reason on which it was founded has ceased, such as marriage, 
 guardianship, minority, or administration, provided the obligation 
 which was to be secured is not fulfilled. 
 
 Art. 161. After a legal mortgage has once been created and recorded 
 it has the same effect as a voluntary mortgage without any other 
 exceptions than those expressly specified in this law, whoever may be 
 the person who is to exercise the rights conferred by said mortgage. 
 
 Art. 162. If several estates are offered for the creation of a legal 
 mortgage, and the interested persons do not agree to the amount which 
 is to be secured by each, the Judge or Court shall decide in accordance 
 with Article 119, after a report of experts. 
 
 The Judge or Court shall decide in the same manner questions arising 
 among the interested parties as to the sufficiency of the estate offered 
 for the creation of any legal mortgage. 
 
 Art. 163. Whenever the recorded legal mortgages become insuffi- 
 cient, the persons who, according to this law, have either the right or 
 obligation to do so, may request the right or must demand the obliga- 
 tion of their sufficiency or amplification. 
 
 Art. 161. Recorded legal mortgages shall remain in force until the 
 rights for the security of which they were created have been extin- 
 guished, and they shall be canceled in the same manner as voluntary 
 mortgages. 
 
 Art. 165. To judicially constitute or amplify any legal mortgage at 
 the instance of a litigant, the procedure shall be in accordance with 
 the following rules : 
 
 1. Any person, who has a right to demand it, shall present a petition 
 to the Judge or Court of the domicile of the person compelled to grant 
 it, requesting that the mortgage be constituted, stating the amount for 
 which it should be created, and stating what property may be thus 
 encumbered, or at least indicating the Registry which should contain 
 the record of the property which said person owns. 
 
 2. This petition must necessarily be accompanied by the deed or doc- 
 ument giving rise to the right to a legal mortgage, and, if possible, a 
 certificate from the Register in which shall be stated all the mortgagable 
 property owned by the defendant. 
 
 3. The Judge or Court shall, in view of these papers, order to appear 
 before it all the persons interested in the creation of the mortgage, so 
 that they can agree, if it be possible, as to the manner of constituting it. 
 
 4. Should they come to an agreement, the Judge or Court shall order 
 the mortgage created in the manner agreed upon. 
 
40 
 
 5. Should they fail to agree, either as to the obligation to mortgage, 
 or as to the amount which is to be secured, or as to the sufficiency of 
 the mortgage offered, a copy of the petition shall be given the defendant, 
 and the proceedings shall follow the course established for such cases 
 in Articles 732 to 744 of the Law of Civil Procedure in force in the 
 Philippines, and 748 to 760 of that in force in the Antilles. 
 
 Art. 1G0. In cases where the Judge or Court must proceed, by rea- 
 son of a duty imposed, to demand the constitution of a legal mortgage, 
 he shall order the proper Eegister to send him the certificate mentioned 
 in Rule No. 2 of the preceding Article; in accordance thereto he shall 
 order the person obligated to constitute the mortgage to appear before 
 him, and with his consent and that of the Department of Public Prose- 
 cution he shall continue the proceedings in the manner prescribed. 
 
 Art. 107. The provisions contained in the two preceding Articles 
 shall be understood without prejudice to the Regulations established 
 for mortgages given to secure property, which is to be set apart, and 
 the bonds of guardians, and shall not be applicable to a legal mortgage 
 in favor of the State, provinces, or towns, except when the administra- 
 tive regulations do not establish any other procedure by which they 
 maybe demanded. 
 
 Art. 1G8. A legal mortgage shall be made : 
 
 1. In favor of married women on the property of their husbands: 
 For the dowry which may have been formally delivered to them in 
 
 the presence of a notary; 
 
 For gifts which said husbands may have offered them within the 
 limits of the law; 
 
 For the personal property, in addition to the dowry, which the wives 
 may have brought with them on their marriage, which, with the same 
 formalities, they may have delivered to their husbands; 
 
 For any other property that the wives may Lave brought on their 
 marriage and delivered to their husbands with the same formalities. 
 
 2. In favor of the relatives referred to in Article 811 of the Civil 
 Code, on the property of the person who shall have the duty to do so, 
 for the property which said article declares subject to be set apart; 
 and in favor of the children, on the estates of their parents, for those 
 which the latter must set apart for them according to the law, and for 
 those which belong to said children while they are minors in charge of 
 the father or mother, in case the latter should remarry. 
 
 3. In favor of the heirs of the deceased spouse on the property of the 
 surviving one, for the share of the inheritance, the use of which the lat- 
 ter has a right to enjoy according to law, in case specific property 
 passes into his or her possession for this purpose, in case of remarriage. 
 
 4. In favor of minors or incapacitated persons on the property oi 
 their guardians, for the amount the latter may have received from them 
 and for the responsibility they incur, unless they give a bond for 
 security instead of a mortgage bond. 
 
41 
 
 5. In favor of the State, provinces, or towns, on the property of per- 
 sons making contracts with them or administering their interests, for 
 the liabilities which they incur in accordance with the law; ou the 
 property of taxpayers for the amount of an annual tax thereon, which 
 has fallen due and has not been paid. 
 
 6. In favor of underwriters on property insured, for the insurance 
 premiums for two years; and if the insurance is based on the mutual 
 system, for the last two assessments which may have been declared. 
 
 DOWRY MORTGAGES. 
 
 Art. 109. The married woman in whose favor this law established 
 the legal mortgage shall have a right to demand: 
 
 1. That the husband mortgage and record in the Registry in her 
 name, all the real property and property rights which he may have 
 received as appraised dowry or with the obligation of returning their 
 value. 
 
 2. That all the other property which the husband receives unap- 
 prised and which he must return, in a proper case, be recorded in the 
 Registry, if it has not already been done, as dowry, or personal prop- 
 erty in addition to the dowry, or by whatever legal designation it may 
 have. 
 
 3. That the husband secure, by means of a special sufficient mort- 
 gage, all other property not embraced in the preceding paragraphs, 
 and which is delivered to him by reason of the marriage. 
 
 Art. 170. The dowry admitted by the husband, the delivery of 
 which is not certified to or only appears from a private document, shall 
 have no other effect than that of a personal obligation. 
 
 Art. 171. Notwithstanding the provisions of the preceding article, 
 a woman who may have a dowry acknowledged in her favor by the 
 husband, before the celebration of the marriage, or within the first 
 year thereafter, may at any time demand that the husband secure it 
 by a mortgage in her favor, provided she legally proves the existence 
 of the dowry property or other similar or equivalent property at the 
 time of alleging her claim. 
 
 Art. 172. The real property or property rights which are delivered 
 as an appraised dowry shall be recorded in the Registry of Property in 
 the name of the husband in the same manner as any other acquisition 
 of ownership, stating besides, in the record the amount of the dowry 
 of which said property forms part, the amount at which it was 
 appraised, and the dowry mortgage created thereon, provided the 
 husband does not mortgage other property sufficient to secure the 
 appraised value of the former. 
 
 Art. 173. If the woman has recorded in her name the real property 
 which is to constitute the unappraised dowry, or the personal property 
 in addition to the dowry, which she delivers to her husband, the proper 
 character of either property shall be described in the Registry, a mar- 
 ginal note for this purpose being entered on said record of the property. 
 
42 
 
 Should said property not be recorded in the name of the wife, it 
 shall be entered in the usual form, stating in the record whether it is a 
 dowry, or personal property in addition to the dowry. 
 
 Art. 174. When on recording appraised dowry property in the name 
 of the husband, the Register is obliged to enter the mortgage in favor 
 of the wife, and the deed which is presented be not sufficient for this 
 purpose, he shall suspend the record and enter the necessary cautionary 
 notice. 
 
 Art. 175. The legal mortgage created by the husband in favor of the 
 wife shall guarantee the restitution of the property or its appraised 
 value only in case such restitution takes place in accordance with the 
 laws and with the limitations prescribed therein ; and it shall cease to 
 have effect, and may be canceled whenever for any legal cause the hus- 
 band is exempted from the obligation to restore it. 
 
 Art. 176. The sum which must be secured by virtue of an appraised 
 dowry shall in no case exceed the value of its appraisement; and if the 
 value of said dowry is reduced because it exceeds the sum permitted by 
 law, the mortgage shall likewise be reduced in the same proportion, 
 after the proper partial cancellation has been made. 
 
 Art. 177. When an unappraised dowry is created on property other 
 than real, it shall be appraised for the sole purpose of fixing the amount 
 that the mortgage is to secure, in case said property does not exist at 
 the time it should be restored, the dowry not losing thereby its char- 
 acter of being unappraised, if it was thus qualified in the dowry deed. 
 
 Art. 178. A mortgage to secure gifts by reason of marriage, shall 
 only be made should they be offered by the husband as increasing the 
 dowry. If they are offered without this requisite they shall constitute 
 a personal obligation, the husband having the option of securing them 
 by mortgage or not. 
 
 Art. 179. The husband is not obliged to create a mortgage for the 
 personal property in addition to the dowry of his wife, unless the latter 
 is conveyed to him for his administration by a public instrument properly 
 executed before a Notary. 
 
 Art. 180. To constitute the mortgage referred to in the preceding 
 Article, the property shall be appraised or its value fixed by those who, 
 according to this law, have a right to demand it and to determine its 
 sufficiency. 
 
 Art. 181. Property brought in marriage, for the effects of the last 
 paragraph of number 1 of Article 108, shall be understood to be such 
 property which in any matter whatsoever, in accordance with local cus- 
 toms, the wife brings to the conjugal partnership, provided it is con- 
 veyed to the husband by means of a public instrument properly executed 
 before a Notary for his administration, either by appraisement in view 
 of its sale, or with the obligation of keeping it or returning it on the 
 dissolution of the marriage. 
 
 When the delivery of the property mentioned in the preceding para- 
 graph appears only by the acknowledgment of the husband, the crea- 
 
43 
 
 tion of a dowry mortgage can not be demanded, except in the cases 
 and manner prescribed by Article 171. 
 
 Art. 181'. A married woman who is of age may herself demand 
 the creation of the mortgage and record of property mentioned in 
 Article 109. 
 
 If she has not as yet contracted the marriage, or if she has done so 
 and is a minor, said right shall be exercised in her name and the suifi- 
 ciency of the mortgage created shall be determined by the father, the 
 mother, or the person who gives the dowry, or the property which 
 should be secured. 
 
 Art. 183. In default of the persons mentioned in the preceding arti- 
 cle, and the woman being a minor, whether married or single, the 
 extension of these rights must be demanded by the guardian, his sub- 
 stitute, the family council, or any of its members. 
 
 Art. 184. If the guardian or his substitute, or the family council do 
 not demand the creation of the mortgage, it shall be the duty of the 
 Public Prosecutor to demand, or at the instance of any person, a 
 demand may be made, to compel the husband to execute the same. 
 
 Art. 185. Municipal judges shall also have the obligation of inducing 
 the Department of Public Prosecution to see that the provisions of 
 the preceding Article are complied with. 
 
 Art. 186. If the husband does not possess any property with which 
 to create the mortgage mentioned in number 3 of Article 169, he must 
 create it on the first realty or property rights he may acquire; but this 
 obligation can not prejudice a third person until the mortgage is 
 recorded. 
 
 Art. 187. When the dowry consists of rents or perpetual annuities, 
 and they are alienated, their restitution shall be secured by creating a 
 mortgage for the principal represented by said rents or annuities capi- 
 talized at the legal rate of interest. 
 
 Art. 188. If the annuities referred to in the preceding Article are of 
 a temporary character and could or should continue after the dissolu- 
 tion of the marriage, a mortgage shall be created for the amount agreed 
 to between the husband and wife, and, should they not come to an 
 agreement, for the amount fixed by the Judge or Court. 
 
 Art. 189. The provisions of this law with regard to dowry mortgages 
 do not alter or modify the provisions contained in Articles 880, 881, 
 and 909 of the Code of Commerce. 
 
 MORTGAGES FOR PROPERTY TO BE SET APART. 
 
 Art. 190. The special mortgage, which minor children have a right 
 to demand by reason of the property to be set apart, shall be created 
 under the following conditions: 
 
 1. The father shall present to the Judge or Court an inventory and 
 appraisement made by experts of the property which is to constitute 
 the security, with a statement of the property which he offers for mort- 
 gage, accompanied by the title deeds proving his ownership thereof, and 
 
44 
 
 documents showing its value and its freedom from all incumbrances or 
 specifying what liens exist thereon. 
 
 2. If the Judge or Court considers the account of the property cor- 
 rect, and the mortgage offered sufficient, a memorandum shall be issued 
 in the proceedings, declaring what realty is set apart, so that this reser- 
 vation may be embraced in the proper records of ownership, and shall 
 create the mortgage for the value of the rest of the property subject to 
 be set apart on that under the absolute ownership of the father, which 
 is offered as security. 
 
 3. Should the Judge or Court be in doubt as to the sufficiency of 
 the mortgage offered by the father, he may order the latter to take the 
 necessary steps or present the documents which he may deem neces- 
 sary to prove its sufficiency. 
 
 4. Should the mortgage not be sufficient, and should the father have 
 other property on which it can be created, the Judge or Court shall 
 order it to be extended to such property as, in his judgment, is suffi- 
 cient to secure the rights of the child. Should the father not possess 
 any other property, the Judge or Court shall order it created on the 
 property offered, but shall express in the decree that it is not suffi- 
 cient and declare the obligation of the father to extend it to the first 
 realty he may acquire. 
 
 5. The memorandum mentioned in number 2 of this Article shall con- 
 tain all the details which a mortgage record should embrace, and shall 
 be signed by the father, certified by the Clerk of the Court, and 
 approved by the Judge or Court. 
 
 6. By means of the presentation to the Kegistry, of a copy of this 
 memorandum, and of the decree of its judicial approval, the proper 
 record and entry shall be made to certify that the property may be 
 set apart to constitute the mortgage mentioned in number 2. 
 
 Art. 191. If ninety days elapse and the father has not presented to 
 the Judge or Court, the record of the proceedings mentioned in the 
 preceding Article, the fulfillment thereof may be demanded by rel- 
 atives, whatever may be their degree, by the executor of the deceased 
 spouse, or in default by the Department of Public Prosecution. 
 
 Art. 192. The period of ninety days mentioned in the preceding par- 
 agraph shall be computed from the time that the property should be set 
 apart, on account of the contraction of a second or subsequent marriage. 
 
 Art. 193. If two or more of the persons mentioned in Article 191, 
 apply for the creation of the legal mortgage, preference shall be given 
 to the one making the first application. 
 
 Art. 194. Should the children be of age, only they themselves can 
 demand the creation of the mortgage in their favor. 
 
 Art. 195. The Judge or Court which approved the record of pro- 
 ceedings mentioned in Article 190 shall see, under his or its responsibil- 
 ity, that the records and entries prescribed by number 6 of the same 
 Article are duly made. 
 
45 
 
 Art. 196. Should the father not have any mortgageable property, 
 the proceedings provided in Article 190, shall also be instituted for the 
 sole purpose of recording what is set apart and its value. 
 
 Art. 197. The decree issued in the case of the preceding Article shall 
 only express what is necessary, regarding what is set apart and its 
 value, and the obligation of the father to mortgage the first realty he 
 may acquire. 
 
 If the property set apart consists of realty, the Judge or Court shall 
 order that its classification be entered in the Eegistry in the manner 
 prescribed by Article 173. 
 
 Art. 19S. The mother shall give security for the rights of her children 
 to the property set apart, with the same formalities as the father. 
 
 Art. 199. The special mortgage to secure the property set apart, 
 established by Article 811 of the Civil Code, may only be demanded 
 by the relatives in whose favor the property is to be set apart, should 
 they be of age. If they are minors, the persons who legally represent 
 them shall demand it in their name. In either case, the interest of the 
 persons in whose favor the property is to be set apart, shall be secured, 
 with the same requisites mentioned in the preceding Articles, including, 
 with regard to the property to be set apart, the provisions relating to 
 the father. 
 
 MORTGAGES OF PROPERTY OF PERSONS STILL UNDER PARENTAL 
 AUTHORITY. 
 
 Art. 200. The father, or when there is none, the mother, is the legal 
 administrator of the property of the children who are still under his 
 or her authority, although with the obligation of creating a legal mort- 
 gage in favor of the latter, should he or she contract a second mar- 
 riage. 
 
 Art. 201. The children in whose favor legal mortgages are established 
 by the preceding Article, shall have a right to demand: 
 
 1. That the realty belonging to them be recorded in their name, if 
 this has not already been done. 
 
 2. That the lather, or, in a proper case, the mother, secure by a special 
 mortgage, if it can be done, the property other than realty, belonging 
 to the said children. 
 
 Art. 202. It shall be understood that the father, or, in a proper case, 
 the mother, can not create the mortgages mentioned in the preceding 
 Article, should they not have any mortgageable real property. 
 
 Art. 203. If the real property which the parents possess is insuffi- 
 cient, they shall, however, create a mortgage thereon, without prejudice 
 to its extension to other property which they may subsequently acquire, 
 should they be required to do so. 
 
 Art. 201. The extension of the rights mentioned in Article 201 may 
 be demanded in the name of the children by: 
 
 1. The persons from whom the property is derived. 
 
 2. The heirs or executors of said persons. 
 
 3. The ascendents of the minor. 
 
46 
 
 Art. 205. Neither the father, or, in a proper case, the mother, can 
 convey the real property belonging to the child, of which they enjoy 
 the use or administration; nor can they encumber it, except for justified 
 reasons of profit or necessity, and with the previous authority of the 
 Judge of the District, on hearing the Department of Public Prosecution. 
 
 Art. 206. In case the persons mentioned in Article 204 do not 
 demand that the rights expressed in Article 201 be accorded, the Pub- 
 lic Prosecutor may do so by reason of his duty. 
 
 MORTGAGES BY REASON OF GUARDIANSHIP. 
 
 Art. 207. The guardian, before his charge is conveyed to him, and 
 to insure a good result from his administration, shall give a bond, which 
 must be either a mortgage or a bond for security. 
 
 Art. 208. The mortgage bond shall be entered in the Registry of 
 Property. 
 
 Art. 209. Pending the execution of the bond, the substitute of the 
 guardian shall exercise all the administrative acts, which the family 
 council may consider indispensable for the preservation of the property, 
 and to collect the income therefrom. 
 
 Art. 210. The record of the mortgage bond, when such bonds are 
 given, must be demanded by: 
 
 1. The guardian. 
 
 2. The substitute of the guardian. 
 
 3. Any member of the family council. 
 
 Art. 211. The persons omitting the formalities mentioned in the pre- 
 ceding article shall be responsible for any loss or damage. 
 Art. 212. A mortgage bond must secure: 
 
 1. The value of the personal property which comes into the hands of 
 the guardian. 
 
 2. The rents or income which the property of the minor or incapaci- 
 tated person yields during the period of one year. 
 
 3. The profit which the minor may receive during one year from any 
 mercantile or industrial enterprise. 
 
 Art. 213. The family council is charged witk the duty of fixing the 
 amount. of the mortgage bond and its determination. 
 
 Art. 214. A mortgage bond may be increased or reduced during the 
 exercise of the guardianship, according to the changes in the value of 
 the property of the minor or incapacitated person. 
 
 Art. 215. A mortgage bond can not be totally canceled until after 
 the accounts of the guardianship have been approved, and the guardian 
 has satisfied all the responsibilities of his administration. 
 
 Art. 216. The following are exempted from giving security as 
 guardians : 
 
 1. The father, the mother, and the grandparents in case they are 
 called upon to assume the guardianship of their descendants. 
 
47 
 
 2. The testamentary guardian relieved from this obligation by the 
 father, or, iu a proper case, by the mother. This exemption shall cease 
 when subsequently to his appointment, reasons arise unknown by the 
 testator, which should make the giving of a bond indispensable, in the 
 opinion of the family council. 
 
 3. A guardian appointed and exempted from giving bond by stran- 
 gers, who may have made the minor or incapacitated person their heir 
 or left them an important legacy. In this case the exemption shall be 
 confined to the property or income of which the inheritance or legacy 
 consists. 
 
 OF OTHER LEGAL MORTGAGES. 
 
 Art. 217. The competent official shall require the creation of special 
 mortgages on the property of persons administering public funds or 
 who have made contracts with the State, provinces, or towns, in all 
 the cases, and in the manner prescribed by the administrative 
 regulations. 
 
 Art. 218. The State, province, or towns shall be preferred to any 
 other creditor in the recovery of one year's taxes on the realty. 
 
 To secure a like preference for a larger sum than that represented by 
 said taxes, the State may require a special mortgage, in the form pre- 
 scribed by the administrative regulations. 
 
 Art. 219. The person insuring real property shall have a right to 
 require a special mortgage on the property insured, the owner of which 
 has not satisfied the insurance premiums for two or more years, or two 
 or more of the last assessments, if the insurance is based on the mutual 
 system. 
 
 Art. 220. While the premiums for the last two years, or, in a proper 
 case, the last two assessments are not paid, the claim of the insurer 
 shall have preference over any other claims. 
 
 Art. 221. When the two assessments or premiums referred to in the 
 two preceding Articles are due and have not been satisfied, a mortgage 
 shall be created for the whole sum that is due, and the entry thereof 
 shall be effectual only from its date. 
 
 Title VI. 
 
 OF THE MANNER OF KEEPING THE REGISTRIES. 
 
 Art. 222. The registry of property shall be kept in books folioed and 
 rubricated by the Judges of First Instance of a subdistrict, or by 
 the Municipal Judges delegate for the inspection of Registries. 
 
 Art. 223. The books mentioned in the preceding Article shall be uni- 
 form for all Registries, and shall be formed under the direction of the 
 Colonial Department, with all precautions necessary for the prevention 
 of any fraud or forgery which might be committed therein. 
 
48 
 
 Art. 224. The only books valid shall be those made by the Eegisters, 
 in accordance with the provisions of the preceding Article. 
 
 Art. 225. The books of the Eegistry can for no reason whatsoever 
 be removed from the office of the Kegister. All judicial or extrajudi- 
 cial proceedings requiring the exhibition of said books shall be held in 
 the office itself. 
 
 Art. 226. The books shall be numbered in their chronological order. 
 
 Art. 227. The Eegistry of property shall embrace records or entry 
 cautionary notices, cancellations, and notes of all documents subject to 
 record according to Articles 2 and 5. 
 
 Art. 228. The Eegistry of property shall be kept by opening a special 
 record for each estate in the proper book, entering as the first record 
 thereof the first one which is demanded with relation to said property, 
 provided it refers to transfer of property. 
 
 When the first entry that is demanded is not of this kind, the last 
 record of ownership which may have been made in the old books shall 
 be transferred to the new ones, in favor of the owner of the property 
 encumbered by the new record. All subsequent records, entries, and 
 cancellations shall be made immediately following each other, without 
 leaving any blank space between them. 
 
 Art. 229. The entries relating to each estate shall be numbered in 
 their proper order and signed by the Eegister. 
 
 Art. 230. One book shall be opened for each municipal district wholly 
 or partially included within the jurisdiction of a Eegister. 
 
 Art. 231. The books of each municipal district shall have a special 
 numeration in proper order, besides that mentioned in Article 226. 
 
 Art. 232. The Government may order, for reasons of public con- 
 venience, that a municipal district be subdivided into two or more sec- 
 tions, and that a Eegistry book be opened for each one of them. 
 
 Art. 233. In the case mentioned in the preceding article, to the 
 numeration which the books must have, according to Articles 226 and 
 231, shall be added the words "Section First" or " Section Second," or 
 the proper one. 
 
 Art. 234. When a deed embraces several real properties or property 
 rights located within one municipal district, the first entry made shall 
 contain all the details prescribed by Article 9, and in the following 
 ones the estate only shall be described, should it be necessary, or the 
 property right which is the subject of each of them shall be described, 
 and the nature of the instrument or contract shall be stated, the names 
 of the grantor and of the grantee, the date and town where the instru- 
 ment was executed, and the name of the Notary who authenticated it, 
 or of the official who executed it, making reference for all other details 
 to said first record, stating the liber and folio containing it. 
 
 Art. 235. If the instrument referred to in the preceding Article is one 
 creating a mortgage, the record must express, besides the details pre- 
 scribed in said Article, the part of the debt for which each estate or 
 interest is liable. 
 
49 
 
 Art. 236. If the property or interests contained in one deed, are 
 located in two or more municipal districts, the provisions contained in 
 the two preceding articles shall be applied to each of said districts. 
 
 If any of the latter have been divided into sections, in accordance 
 with the provisions of Article 232, each section shall be considered as 
 if it were a municipal district. 
 
 Art. 237. The Register shall authenticate, with his signature in full, 
 the entries of presentation contained in the Day Book, as well as the 
 records, cautionary notices and cancellations, and the notes, with an 
 abbreviation of his name. 
 
 Art. 238. Registers shall also keep a book called a Day Book, in 
 which they shall make a brief entry Qf the contents of every document 
 at the time of its presentation. 
 
 Art. 239. The entries in the Day Book shall be numbered in proper 
 order at the time of their inscription. 
 
 Art. 240. The entries mentioned in the preceding Article shall be 
 made in the order in which the documents are presented, without leav- 
 ing any blank space between them, and shall contain : 
 
 1. The name, surname, and residence of the person presenting the 
 document. 
 
 2. The hour of its presentation. 
 
 3. The character of the document presented, its date, and the official 
 or notary subscribing it. 
 
 4. The character of the interest created, conveyed, modified, or abro- 
 gated by the document to be recorded. 
 
 5. The nature of the estate or property right which is the subject of 
 the document presented, with a statement of its location, its name, and 
 its number, should it have any. 
 
 6. The name and surname of the person in whose favor the record is 
 desired. 
 
 7. The signature of the Register and of the person who presents the 
 document, or of a witness, should that person not be able to sign. 
 
 Art. 241. When the Register makes the record, cautionary notice, or 
 cancellation to which the entry of presentation refers, in the proper 
 book, he shall state this fact by means of a marginal note opposite said 
 entry of presentation, stating the volume and folio where the former 
 may be found, as well as the number of the estate according to the 
 Registry and the number given to the requested record. 
 
 Art. 242. Every day not a working day, at the time previously indi- 
 cated at which the Registry is to be closed in the manner prescribed 
 by the Regulations, the Day Book shall be closed by a memorandum 
 executed by the Register, immediately after the last entry he may have 
 made. Mention shall be made therein of the number of entries executed 
 during the day, or if none have been made, this fact shall also be stated. 
 
 If the time for closing the Registry should arrive before an entry is 
 terminated, it shall be continued until its conclusion, but without, how- 
 ever, admitting any other document in the meantime and stating this 
 circumstance in the final memorandum. 
 1D539 4 
 
50 
 
 Art. 243. Entries of presentation made after the office hours of the 
 Eegistry shall be null. 
 
 Art. 244. At the foot of any document recorded in the Eegistry of 
 property, the Eegister shall affix a note, signed by himself, expressing 
 the kind of entry which has been made, the liber and folio containing 
 it, the number of the estate, and the number of the record made. 
 
 Art. 245. Xo entry shall be made in the Eegistry of property until 
 the fees established or to be established by law are previously paid, 
 should any be due for the instrument or contract to be recorded. 
 
 Art. 246. Notwithstanding the provisions of the preceding Article, 
 the entry of presentation may be made before the payment of the fees; 
 but, in such case, the entry shall be suspended and the document shall 
 be returned to the person who presented it, so that, after its examina- 
 tion, he may liquidate and satisfy said fees. 
 
 When these have been paid the interested person shall return the 
 document to the Eegistry, and the record shall be made, the effects of 
 which shall retroact to the date of the entry of presentation, provided 
 the deed has been returned within the thirty days immediately follow- 
 ing the date of said entry. 
 
 If the deed is returned after said thirty days have elapsed, a new 
 entry of presentation shall be required, and the effects of the entry 
 made shall retroact to the date of the new entry. In case the fees 
 have not been paid because the office or official having in charge their 
 liquidation or collection, has consulted with his superiors as to some 
 doubtful question regarding the case, the period of thirty days shall be 
 suspended from the time of said consultation, until the matter is defi- 
 nitely settled, which circumstance shall be stated in a marginal note 
 opposite the entry of presentation, the document which the interested 
 party must present to the Eegister being seen by the latter, provided 
 this officer is not certain as to the fact. 
 
 Art 247. The liquidation of the fees which must be paid in each 
 case shall be made through the proper office or official in the manner 
 prescribed by the Eegulations. 
 
 Art. 248. Eeceipts for fees collected for instruments and contracts 
 subject to record, shall be made in duplicate, and both copies shall be 
 delivered to the person making the payment. One of these copies shall 
 be presented to the Eegister, who shall file it in his office. 
 
 The Eegister who should not preserve said copy shall be directly 
 liable to the Treasury for the fees which may not have been liquidated. 
 
 Art. 249. In order that any entry may be made in the Eegistry by 
 virtue of a judicial decree, the Judge or Court shall issue the proper 
 order in duplicate. 
 
 The Eegister shall return one of the copies to the same Judge or Court 
 from whom it was received, or to the interested party who may have 
 presented it, with a note signed by him, stating that it has been com- 
 plied with, and keeping the other one in his office, making thereon a 
 
51 
 
 rubricated memorandum similar to the one made on the copy returned. 
 The documents shall be filed in one package, numbered in the order of 
 their presentation. 
 
 Art. 250. To totally or partially cancel a mortgage, the document 
 by virtue of which it is to be made shall be presented, as well as the 
 instrument creating it, which shows that it has been recorded. On both 
 documents a memorandum shall be made stating that the cancellation 
 and its entry have been executed in accordance with Article 244. 
 
 In order that the persons interested in the cancellations may not be 
 deprived of the document, when it is a public instrument, a copy on com- 
 mon paper shall be presented therewith, signed by said persons. After 
 being compared by the Eegister he shall state its conformity with the 
 original, by means of a memorandum, filing it and returning the original 
 to the interested person. 
 
 Registers shall preserve in their chronological order in numbered 
 packages the documents by virtue of which any mortgage is canceled. 
 
 Art. 251. Any other documents which may be presented to the 
 Register, shall be returned to the interested parties with the memoran- 
 dum mentioned in Article 244 affixed thereto, after the proper use 
 thereof has been made. 
 
 Art. 252. The persons interested in a record, cautionary notice, or 
 cancellation may demand that before the principal entry thereof is 
 made in the book a draft of said entry be shown them. 
 
 Should they note any error or important omission they may demand 
 its correction, applying to the President of the Audiencia or to his rep- 
 resentative, should the Register refuse to comply. 
 
 The President of the Audiencia or his representative shall decide what 
 is necessary, without any formal proceedings and within the period of 
 six days. 
 
 Art. 253. Whenever the interested person has had notice of the draft 
 in the manner prescribed in the preceding Article, and he expresses his 
 satisfaction therewith, or, in default thereof, the President of the 
 Audieucia should decide the form in which it should be made, either 
 circumstance shall be mentioned in the proper entry. 
 
 Title YII. 
 
 OF THE CORRECTION OF ENTRIES IN REGISTRIES. 
 
 Art. 254. Registers may themselves correct, on their own responsi- 
 bility, any material errors committed — 
 
 1. In the entries of principal records, cautionary notices, or cancella- 
 tions, the respective documents being on file in the office. 
 
 2. In entries of presentation, marginal notes, and notes of references, 
 although the documents are not on file in the office of the registry, 
 provided the respective principal record is sufficient to show the error, 
 and that it is possible to correct it in accordance therewith. 
 
52 
 
 Art. 255. Eegisters can not correct material errors committed with- 
 out the consent of the interested party possessing the recorded docu- 
 ment, or in default thereof, without a judicial decree, in the following 
 cases : 
 
 1. In records, cautionary notices, or cancellations, the documents of 
 which are not on file in the office of the Kegistry. 
 
 2. In entries of presentation and notes, when said errors can not be 
 proved by the respective principal records, and the documents are not 
 on file in the office of the Kegistry. 
 
 Art. 256. Errors of judgment committed in entries, records, or can- 
 cellations, or in any other entries referring thereto, when they do not 
 clearly appear from the same, shall not be corrected without the unani- 
 mous consent of all the interested parties and of the Eegister, or with- 
 out a judicial decree ordering it. 
 
 The same errors committed in entries of presentation and notes may 
 be corrected by the Eegister himself, when the respective principal 
 record suffices to expose them. 
 
 Art. 257. The Eegister, or any of the persons interested in an entry, 
 may oppose the correction which another person requests on account 
 of an error of judgment, provided that in his opinion the judgment 
 considered incorrect be in accordance with the deed to which the entry 
 refers. 
 
 The question arising in this connection shall be decided by a declara- 
 tory suit. 
 
 Art. 258. When the errors, material or of judgment, produce the 
 nullity of the record, in accordance with Article 30, they can not be 
 corrected, and the nullity thereof shall be demanded and declared by 
 the proper Court in the suit instituted for this purpose. 
 
 Art. 259. A material error shall be considered committed for the pur- 
 pose of the preceding Articles, when some words are unintentionally 
 written for others, when the statement of some detail is omitted not 
 causing its nullity, or when mistakes are made as to surnames or 
 amounts in transcribing them from the documents, without thereby 
 changing the general sense of the record or any of its parts. 
 
 Art. 260. An error of judgment shall be considered committed when, 
 in expressing in the entry matters contained in the deed, their sense 
 is altered or varied, this error not necessarily producing nullity in 
 accordance with the provisions of Article 30. 
 
 Art. 261. Material errors which are committed in the writing of 
 entries can not be remedied by means of corrections, scratches or 
 erasures, nor by any other means except by a new entry, in which the 
 error committed in the first one shall be clearly stated and corrected. 
 
 Art. 262. Errors in judgment shall be corrected by means of a new 
 entry, which shall be executed by the presentation of the document 
 already recorded if the Eegister acknowledges his error or if the Judge 
 or Court declares it; and by virtue of a new document if the error is 
 
53 
 
 caused by the vague, ambiguous, or incorrect language of the original 
 deed, and the parties agree thereto, or it is so ordered by a judicial 
 decree. 
 
 Art. 263. Whenever a correction is necessary on account of an error, 
 of any kind committed by the Eegister, and it can be made by virtue 
 of the same document previously presented, all the expense and dam- 
 ages caused shall be defrayed by the Eegister who committed the error. 
 Should the one who committed said error not be the same one making 
 the correction, the latter may demand of the former the payment of the 
 corresponding fees, according to the schedule in force, for the new 
 record and other work. 
 
 If to make the correction a new document is necessary all expenses 
 shall be defrayed by the persons interested. 
 
 Art. 264 The corrected part shall only be effectual from the date of 
 its correction, without prejudice to possible rights of third persons to 
 institute proceedings on account of the falsity or nullity of the docu- 
 ment to which the entry refers, which contained the error of judgment, 
 or an account of the entry itself. 
 
 Title VIII. 
 
 ADMINISTRATION AND INSPECTION OF REGISTRIES. 
 
 Art. 265. Registries of property shall be under the jurisdiction of the 
 Colonial Department, and their affairs, as well as those of the Notaries, 
 Civil and Marriage registry, and Mercantile registry, shall be in charge 
 of the Registry and Notarial Division established by this law. 
 
 Art. 266. The personnel of the Division mentioned in the preceding 
 Article shall consist of one chief, at an annual salary of 10,000 pesetas; 
 two clerks, one first, at 8,700, and one second, at 7,500; three assist- 
 ants, one first, at 6,000 pesetas, one second, at 5,000, and one third, 
 at 4,000. 
 
 Said Division shall also have four copyists : Two first, at an annual 
 salary of 2,000 pesetas, and two second, at 1,500. 
 
 Vacancies in the positions of chief, clerks, and assistants shall be 
 filled strictly by promotion, in accordance with the grades previously 
 established, and those of the lowest assistants by competitive examina- 
 tion. The vacancies in the positions of copyists shall be filled in the 
 same manner. The Government may, reserving the privileges which 
 this paragraph provides, in case of vacancies, for the good of the serv- 
 ice and with the consent of the full Council of State, abolish one or 
 more of the positions in the Division; the persons filling the same to 
 receive two-thirds of the salary they were receiving until they are 
 reinstated with the same salary and privileges. 
 
 Art. 267. The officials of the Division can not be removed by the 
 Government without just cause, with reference to the fulfillment of the 
 duties of their positions, by virtue of proceedings instituted for this 
 
54 
 
 purpose and after consulting the corresponding Division of the Coun- 
 cil of State. An opportunity must be given the interested party to 
 make an explanation in writing regarding the matter which gave rise 
 to the proceedings. 
 
 Art. 268. It shall be the duty of the Registry and Notarial Divi- 
 sion: 
 
 1. To transact, directly with the Colonial Minister and through the 
 Chief of said Division, all business within its jurisdiction, and to pro- 
 pose the measures necessary to consolidate the Registries of Property 
 in the colonies and for the faithful observance of this law and of the 
 regulations which may be enacted for its execution. 
 
 2. To execute such papers as may be prepared to fill vacant Regis- 
 tries, and for the holding of competitive examinations, when they are 
 necessary, as well as those for the discharge of employees of the 
 Division, of of Registers making the final disposition necessary in each 
 case in accordance with the law. 
 
 3. To decide administrative appeals on the determination of documents 
 made by Registers and the doubts which arise in the minds of said 
 officials regarding the interpretation and execution of this law or of the 
 regulations, provided they do not require dispositions of a general 
 character which must be made by the Secretary of the Colonies. 
 
 4. To form and publish statements relating to transfers of property, 
 in accordance with the data received from the Registers. 
 
 5. To exercise a general inspection and supervision of all the Regis- 
 tries in the Colonies, through the Presidents of the proper Audiencias, 
 and even through Judges of First Instance, or Municipal Judges dele- 
 gated to the inspection of Registries, and through the Registers them- 
 selves, when it is deemed advisable for the good of the service. 
 
 The other duties of the Division shall be determined by the Regula- 
 tions. 
 
 Art. 269. The Presidents of Audiencias shall be inspectors of the 
 Registries within their jurisdiction and shall immediately exercise such 
 functions through the Judges of First Instance of the respective 
 subdistricts, or, where this is not practicable, through the Municipal 
 Judges, who may be delegated for this purpose. 
 
 In towns where there is more than one Court of First Instance the 
 Judge designated by the President of the Audiencia shall exercise the 
 functions mentioned. 
 
 Art. 270. The President of the Audiencia or his delegates shall 
 inspect the Registries the last day of each quarter, making a memoran- 
 dum of the condition in which they were found. 
 
 The Presidents of Audiencias may, besides the quarterly inspec- 
 tion, personally or through their delegates make any extraordinary 
 inspection they may deem advisable, either to inspect the whole Regis- 
 try or only certain of its books. 
 
 For the extraordinary inspections the Presidents of Audiencias may 
 
55 
 
 delegate their functions, if they deem it necessary, to an Associate 
 Justice of the Audiencia or to a Judge of First Instance, when the usual 
 delegate is a Municipal Judge. 
 
 Art. 271. The delegates shall transmit to the Presidents of Audi- 
 encias the statements mentioned in the first paragraph of Article 270 
 within three days following the termination of their inspection. 
 
 Art. 272. The Presidents of Audiencias shall transmit to the Colo- 
 nial Department every six months a detailed report of the condition of 
 the Registries which are subject to their inspection and authority. 
 
 Art. 273. Should the Presidents of Audiencias note any lack of 
 formalities on the part of the Registers in the conduct of the Regis- 
 tries, or any infraction of the law or of the regulations for their execu- 
 tion, they shall take the steps requisite for their correction, and, in a 
 proper case, punish them in accordance with the provisions of the same 
 law. 
 
 If the error or infraction could be qualified as a crime, the culprit 
 shall be placed at the disposal of the Courts. 
 
 Art. 271. Should the President of an Audiencia find that a Register 
 has not furnished bond, or has not deposited a quarter of his fees in 
 accordance with the provisions of Article 305, he shall immediately 
 suspend him. 
 
 Art. 275. Should the President of an Audiencia suspend any Regis- 
 ter he shall appoint another to temporarily fill the office, and shall give 
 a report showing the reasons of his action to the Colonial Department. 
 
 Art. 276. Registers shall consult directly with the President of an 
 Audiencia, or with the Judge of First Instance, concerning any doubt 
 they may entertain as to the interpretation and execution of this law, 
 or of the regulations which may be enacted for its application. 
 
 Should the" Judge of First Instance entertain any doubt as to the 
 decision of the question, he shall forward it, together with his report, 
 to the President of the Audiencia. 
 
 Should the President of the Audiencia also be in doubt as to the 
 decision of the question submitted by the Judge of First Instance or 
 by the Register, he shall forward it to the Colonial Department. 
 
 Art. 277. Whenever the doubt which gave rise to the question of 
 the Register prevents the entry of some principal record in the Regis- 
 try of Property, a cautionary notice shall be made thereof, which shall 
 have all the effects mentioned in the ninth paragraph of Article 42. 
 
 The decision of the question, in such case, shall be transmitted 
 directly to the Register within the sixty days provided in paragraph 
 9G for the duration of said entries. 
 
 Should said decision not be transmitted within the sixty days, the 
 notice shall continue its effect. 
 
 Art. 278. No fee shall be charged to the interested party for enter- 
 ing the cautionary notice mentioned in the preceding Article. 
 
56 
 Title IX. 
 
 PUBLICITY OF REGISTRIES. 
 
 Art. 279. Eegistries shall be open to those who are known to have 
 any interest in ascertaining the status of the real property or property 
 rights entered or recorded. 
 
 Art. 280. Registers shall exhibit the books in a convenient place for 
 persons who may wish to consult them, without taking them from the 
 office and with the precautions necessary to insure their preservation. 
 
 Art. 281. Registers shall issue certificates : 
 
 1. Of entries of all kinds contained in the Registry relating to prop- 
 erty indicated by the persons interested. 
 
 2. Of certain records which the said persons may indicate, either 
 specifying them or referring to those of one kind or another which 
 may exist in relation to certain property. 
 
 3. Of mortgage records and cancellations thereof made at tbe instance 
 or in favor of said persons. 
 
 4. Of the non-existence of a record of any kind or of a particular 
 kind, relating to specified property or in charge of certain persons. 
 
 Art. 282. The certificates mentioned in the preceding Article may 
 refer to a fixed and stated period, or to everything that may have been 
 filed since the original establishment of the said Registry. 
 
 Art. 283. The freedom or encumbrance of real property or property 
 rights can only be proven to the prejudice of third persons by the 
 certificates mentioned in the foregoing Article. 
 
 Art. 284. When the certificates mentioned in Article 281 are not in 
 conformity with the records to which they refer, the latter shall be pre- 
 ferred, reserving the action which the person prejudiced thereby may 
 bring to recover the proper indemnity from the Register who committed 
 the error. 
 
 Art. 285. Registers shall not issue the certificates mentioned in the 
 preceding Articles:, except at the written request of the person who may 
 have any interest in ascertaining the status of the realty or of the prop- 
 erty right in question, or by virtue of a judicial order. 
 
 Art. 286. Should the Register refuse to exhibit the books or to give 
 certificates of entries contained therein, the person who requested it 
 may appeal to the President of the Audiencia, if he resides in the same 
 place, or to the person delegated for the inspection of the Registry. 
 The President of the Audiencia or his delegate shall decide after 
 hearing the Register. If the decision is rendered by the delegate, an 
 appeal lies to the President of the Audiencia. 
 
 Art. 287. The petitions of the interested parties and the mandates 
 of the Judges or Courts, by virtue of which the Registers are compelled 
 to issue certificates, must very clearly express : 
 
 1. The character of certificate demanded in accordance with Article 
 281, and if it is to be a literal one or an abstract. 
 
57 
 
 2. The information, according to the character of such certificate, suf- 
 ficient to indicate to the Register the property of persons in question. 
 
 3. The period to which the certificate should be limited. 
 
 Art. 288. Certificates shall be given of the entries in the Registry of 
 property. 
 
 They shall be given of the entries in the Day Book also, if at the 
 time of their issue there be any awaiting inscription in said Registry, 
 which should be embraced in the certificate requested, and if it is a ques- 
 tion of proving that some estate is free of encumbrauces or that some 
 interest does not in fact exist. 
 
 Art. 289. Registers shall not issue certificates of entries in the Day 
 Book unless the Judge or Court so order, or unless it is expressly 
 requested by the interested parties. 
 
 Art. 290. Certificates shall be literal or abstract, according as they 
 may be ordered or requested. 
 
 Literal certificates shall consist of the respective records in full. 
 
 Certificates in abstract shall state all the circumstances contained in 
 said records which are necessary for their validity, according to Arti- 
 cle 30, as well as the incumbrances which at the time are a lien on the 
 realty or recorded interest, according to the proper entry, and any other 
 point which the interested party may designate or which is considered 
 important by the Register. 
 
 Art. 291. Registers, after examining the books, shall issue their cer- 
 tificates only regarding the property, persons, or periods designated in 
 the petition or mandate, without making reference to any other entries 
 or details than the ones demanded, with the exceptions contained in 
 the second paragraph of Article 288 and in Article 292, but, neverthe- 
 less, without omitting any which may be considered embraced in the 
 terms of said mandate or request. 
 
 Art. 292. When a certificate of any given record is demanded or 
 ordered, either literal or abstract, and the entry indicated has been 
 canceled, the Register shall make a literal copy of the entry by virtue 
 of which the cancellation took place. 
 
 Art. 293. When a certificate of encumbrances on realty is requested, 
 and no encumbrance appears in the Registry in force at the time or 
 made by the person designated, the Register shall state this fact. 
 
 If any encumbrance does exist, he shall copy it literally or in abstract, 
 in accordance with the provisions of Article 290, and shall then add 
 that no other encumbrance appears to be in force. 
 
 Art. 294. Should the Register be in doubt as to whether some record 
 is in force, being doubtful also as to the validity or efficiency of the 
 cancellation referring thereto, he shall copy both entries iu the certifi- 
 cate, verbatim, whatever may be the form of the latter, stating that this 
 was done in view of a doubt as to whether said cancellation had all the 
 conditions necessary to produce its legal effects, and also his reasons 
 for the doubt. 
 
58 
 
 Art. 295. Registers shall issue the certificate demanded of them, in 
 the shortest possible time, but never exceeding four days for each 
 estate, records, or condition of the estate whether free or encumbered, 
 which are to be certified to. 
 
 Art. 296. After the period mentioned in the preceding Article has 
 elapsed, the interested persons may apply to the President of the 
 Audiencia or to his delegate requesting that the delay be justified and 
 proceeding in accordance with the provisions of Article 286. 
 
 Title X. 
 
 APPOINTMENT, QUALIFICATIONS, AND DUTIES OF REGISTERS. 
 
 Art. 297. Every Eegistry of property shall be in charge of a Register. 
 
 Registers of property shall be considered public officers for all legal 
 effects and shall be addressed as "Excellency." 
 
 They may be retired with pension at their own request on account of 
 physical disability, duly proven, or after reaching the age of sixty-five 
 years. After reaching the age of seventy years said retirement with 
 pension shall be compulsory. In their classification the time they have 
 filled the office of Register and eight years more by virtue of their pro- 
 fession shall be taken into account. As the regulating salary, in the 
 absence of a higher one, for the determination of a pension, in the 
 declaration of pensions for old age, widowhood, and orphanage, there 
 shall be assigned those designated to Chiefs of Administration of the 
 third class for Registers of the first class, and to Chiefs of Bureaus of 
 the first and second classes for the Registers of the second and third 
 classes, respectively. 
 
 The Secretary, after a report from the Registry and Notarial Division, 
 may grant leaves of absence for a period not to exceed five years to the 
 Registers who may request it. The first vacancy which occurs in their 
 class at the expiration of their leave shall be filled by any Register 
 whose leave of absence has expired, and in case he should not accept 
 the position he shall be definitely dropped from the Corps. 
 
 The officials of the Registry and Notarial Division having been 
 placed on the same basis as Registers of property for the purposes of 
 Rules 1 and 2 of Article 303, the provisions of the two foregoing para- 
 graphs shall also apply to them; it being understood that in cases of 
 leaves of absence they shall still be kept on the rolls of the Division as 
 supernumeraries, being promoted as if they were rendering active 
 service, and at the expiration of their leave, occupying the first vacancy 
 in the class they belong to, according to said rolls. 
 
 They shall also be considered as on leave should they be elected 
 Deputies or Senators during their term of office and with the privi- 
 leges allowed them in case their positions are abolished according to 
 Article 266. 
 
 Any Register who resigns without just cause or who is removed in 
 accordance with the provisions of Article 308, shall have no right to 
 the privileges mentioned in the third paragraph of this Article. 
 
59 
 
 Registers who cease to perform their duties because of the change 
 or abolition of the Registry, and who are not immediately placed in 
 another of the same or of a higher class, shall be considered as on 
 leave of absence, and may be classified as a " cesaute " (dismissed for 
 political or economical reasons, but continuing to draw a salary), giv- 
 ing him credit for the time he had charge of the Registry. If, accord- 
 ing to the time computed, he should be entitled to payor to a temporary 
 pension (cesantia) in accordance with the regulations governing retired 
 classes, he shall receive the salary corresponding to his years of serv- 
 ice and the regulating salary which he may have received or the one 
 previously stated. If the Register on leave is appointed to another 
 Registry of the same or of a higher class and he resigns without cause, 
 he shall lose the time credited to him by virtue of his service in this 
 profession, and shall therefore not receive the salary or increase of 
 temporary pension thereof which he would have had a right to in 
 consequence of this time. 
 
 Registers can not exchange their positions except with other Regis- 
 ters of the same or of the next lower class, and only when a good reason 
 exists therefor in the judgment of the Government. 
 
 To ascend a class by exchange it is indispensable to have served in 
 the next lower one four years or to have entered it by means of a 
 competitive examination. 
 
 Art. 298. To be appointed Register it is necessary: 
 
 1. To be a Spaniard and a layman. 
 
 2. To be over twenty-five years of age. 
 
 3. To be a lawyer. 
 
 Art. 299. The following can not be appointed Registers: 
 
 1. Insolvents or bankrupts who have not yet received their discharge. 
 
 2. Debtors to the State or to public funds as taxpayers or in the set- 
 tlement of their accounts. 
 
 3. Persons accused of crime, pending their trial. 
 
 4. Persons sentenced to correctional or punitive penalties, until they 
 obtain their rehabilitation. 
 
 Registers who come under case 3 of this Article can not take part in 
 the competitive examinations mentioned in rule Xo. 1 of Article 303. 
 
 Art. 300. The office of Register shall be incompatible with that of 
 Senator, Deputy to the Cortes, Provincial Deputy, Municipal Judge, or 
 Assessor, when acting in the capacity of Judge of First Instance, 
 Mayor, or Member of a Municipal Council, Notary, and with any office 
 or employment which carries with it similar jurisdiction, or is paid from 
 State, Provincial, or Municipal Funds. 
 
 Art. 301. Each Registry shall have such clerks and assistants as the 
 Register shall need, appoint, and pay, who shall discbarge the duties 
 assigned them by the Register, but under his sole and exclusive respon- 
 sibility. 
 
 Art. 302. Registers shall be appointed by the Colonial Department. 
 
60 
 
 Art. 303. Vacancies in the office of Registers of property which 
 occur in the Colonies shall be filled in accordance with the following 
 rules : 
 
 1. Every three vacancies occurring shall be filled by Colonial and 
 Peninsular Registers; the first shall be filled by the Register of the 
 highest class, and the senior one in service from among the candidates; 
 the second by the Register who among the candidates is the senior, 
 without regard to class; the third by the Register of a higher, equal, 
 or the next lower class to the Registry which is to be filled, whom the 
 Government selects, taking into consideration the qualifications of the 
 candidates. No Register can, in competition with others having legal 
 conditions, receive two promotions as to class iu order of merit, with- 
 out two years elapsing between each promotion, unless he renders a 
 new important service well known to be worthy of immediate reward. 
 
 2. If there be no Registers of the classes mentioned in the preceding 
 paragraphs, the vacancy may be filled by any person selected by the 
 Government, taking into account their qualifications. 
 
 3. Registers of property who have been disciplined and deprived of 
 promotion can in no case attain a higher class nor even be transferred 
 to another of the same class during the time of the duration of their 
 punishment. 
 
 4. Registries which are vacant, and have been announced in their 
 proper order and are not desired by licensed Registers, shall be filled 
 by means of competitive examinations, two places for these examina- 
 tions being established, one in the capital of Cuba, Puerto Rico, or the 
 Philippines, in whichever of these islands the vacancy has occurred, 
 and another in the capital of Spain. 
 
 Art. 304. Persons who have been appointed Registers can not take 
 possession of their office without previously giving bond, the amount 
 of which shall be fixed by the Regulations. 
 
 Art. 305. If the person who has been appointed Register does not 
 give the bond mentioned in the preceding paragraph, he must deposit 
 in the official establishment authorized by law to receive such deposits 
 a quarter of his fees until the amount of the bond required is deposited. 
 
 Art. 306. The deposit or, in a proper case, the bond mentioned in 
 the preceding Article shall not be returned to the Register until three 
 years after he has ceased to discharge his duties, during which time 
 the Judge of First Instance of the proper sub district shall make the 
 announcement in the official papers of the respective colony, and in the 
 "Gaceta de Madrid," so that it shall reach all persons who may have 
 some action they may wish to bring against said Register. 
 
 Art. 307. The bond of Registers and, in a proper case, the deposit 
 shall be subject, until it is restored, to the liabilities incurred by them 
 by virtue of their office, which shall have preference over any other 
 obligations of said Registers, 
 
 Art. 308. Registers can not be removed nor transferred to other 
 Registries against their will, except by virtue of a judicial order, or by 
 
61 
 
 the Government in accordance with proceedings instituted by the Pres- 
 ident of the Audiencia, after hearing the interested party and a report 
 from the Judge of First Instance of the subdistrict. 
 
 To permit the removal or transfer by the Government the proceed- 
 ings must show that some wrong has been committed by the Register 
 in the fulfillment of his duties, or which lowers him in the eyes of the 
 public, and the proper Division of the Council of State shall also be 
 heard. 
 
 Art. 309. As soon as Eegisters take possession of their office they 
 shall propose to the President of the Audiencia the appointment of a 
 substitute to take their place during their absence or illness, having 
 the right to select for this position either one of the officials of the 
 Kegistry or any other person in whom they have confidence. 
 
 If the President of the Audiencia is satisfied with the person pro- 
 posed he shall immediately appoint the substitute. Should he be not 
 satisfied, because of some serious reason, he shall order the Register to 
 propose some other person. 
 
 The substitute shall discharge his duties under the responsibility of 
 the Register, and shall be removed at any time the latter may request it. 
 
 Art. 310. Registers shall at the end of each year make six detailed 
 statements: 
 
 The first, of alienation of realty made during the year, their liqui- 
 dated prices, and the fees paid on them into the Public Treasury. 
 
 The second, of rights of use, use and occupancy, servitude, annuities 
 (censos), or any other property rights in realty, with the exception of 
 mortgages, their value in principal and income, and the fees paid on 
 them into the Public Treasury. 
 
 The third, of mortgages created, number of estates mortgaged, 
 amount of the principal secured thereby, the cancellations of mort- 
 gages which have taken place, number of estates released, amount of 
 capital returned, and fees paid into the Public Treasury. 
 
 The fourth, of loans, notwithstanding that they have been embraced 
 in the preceding statement by reason of being mortgage loans, their 
 number, amount of principal loaned, and interest stipulated and fees 
 paid into the Public Treasury. 
 
 The fifth, of the estates the ownership or possession of which has 
 been recorded in the Registry for the first time, their value, if it 
 appears, and their superficial area. 
 
 The sixth, of the number of documents presented, old and new, pro- 
 ceedings instituted, certificates issued, and fees received for all the 
 services rendered. 
 
 The regulations shall contain the other requirements which said 
 statements must contain, and the manner of drafting them. 
 
 Art. 311. Registers shall transmit the statements mentioned in the 
 preceding Article to the Presidents of Audiencias before the 1st day 
 of April, who shall forward them to the Colonial Department before 
 the 1st day of June, with such remarks as they may deem proper. 
 
62 
 
 Art. 312. Eegisters shall receive the fees which are established by 
 this law, and shall pay the expenses of keeping and conducting the 
 Eegistries. 
 
 Title XI. 
 
 RESPONSIBILITY OF REGISTERS. 
 
 Art. 313. Eegisters shall be civilly liable, in the first place, on their 
 bonds, and in the second place, with their property, for all loss or dam-- 
 age they may cause: 
 
 1. By not recording in the Day Book, or not entering or making a 
 cautionary notice within the time fixed by the law of the documents 
 presented to the Begistry. 
 
 2. For any error or inaccuracy committed in records, cancellations, 
 cautionary notices, or marginal notes. 
 
 3. For canceling without good reason any entry record or omitting 
 the entry of any marginal note within the proper time. 
 
 4. For canceling any record, cautionary notice, or marginal note 
 without the document and the requisites demanded by this law. 
 
 5. For any error or omission in the certificates of records or freedom 
 from incumbrances of realty or of property rights, or for not issuing 
 said certificates within the time fixed by this law. 
 
 Art. 314. Errors, inaccuracies, or omissions indicated in the preced- 
 ing Article can not be chargeable to the Eegister when they are due to 
 some defect in the recorded document itself, and provided they are not 
 of those which are manifestly and according to Article 19, number 9 of 
 Article 42, and Articles 100 and 101, would have caused the denial or 
 suspension of the record, entry, or cancellation. 
 
 Art. 315. The correction of errors committed in entries of any kind, 
 which are not due to others committed in the respective deeds, shall 
 not free the Eegister from the liability which he may incur for the 
 damage that may have been caused by said errors before they were 
 corrected. 
 
 Art. 316. The Eegister shall be liable on his bond and with his 
 property for indemnities and tines which may arise through the acts of 
 his substitute during the time the latter has charge of the Begistry. 
 
 Art. 317. The person who, by error, malice, or carelessness of the 
 Eegister, should lose a property right or the action to recover it, may 
 immediately demand that the Eegister refund the value of what he has 
 lost. 
 
 The person who, for the same reasons, loses only the mortgage of an 
 obligation, may either demand of the Eegister that he create a mort- 
 gage equal to the one lost, or that he immediately deposit the amount, 
 thus securing said obligation when it falls due. 
 
 Art. 318. The person who, through error, malice, or carelessness of 
 the Eegister, is released from some recorded obligation, shall be jointly 
 responsible with the Eegister for the payment of the indemnity for 
 which the latter may be liable by reason of his error. 
 
63 
 
 Art. 319. Whenever in the case of the preceding Article the Register 
 indemnifies the person damaged, he may bring an action to recover the 
 amount paid against the person who, through his error, was released 
 from the recorded obligation. 
 
 When the person damaged brings his action against the person ben- 
 efited by said error, he can not proceed against the Register unless he 
 does not obtain the indemnity sued for, or obtains only a part thereof. 
 
 Art. 320. The civil action which, in accordance with Article 317, the 
 person damaged brings on account of the errors of the Eegister shall 
 not prevent or arrest a penal action, which in a proper case may be 
 instituted in accordance with the laws. 
 
 Art. 321. Any action which may be brought against the Register 
 for the purpose of holding him liable shall be commenced and heard 
 before the Inferior Court having jurisdiction of the Registry District 
 in which the error has been committed. 
 
 Art. 322. Infractions of this law, or of the regulations for its execu- 
 tion, committed by Registers, although not causing any damage to 
 third persons nor constituting a crime, shall be punished without the 
 formality of a trial, by the Presidents of Audiencias, by the imposition 
 of fines of 50 to 500 pesos. 
 
 Art. 323. Final judgments awarding damages and sentencing Reg- 
 isters to indemnify loss or damage shall be published in the Gaceta de 
 Madrid and in the official papers of the proper Colony, if they are to 
 be enforced against the bond, because the person condemned has not 
 paid the amount of the indemnity. 
 
 By virtue of this publication, the persons who believe themselves 
 damaged by other acts of the same Register may bring their actions, 
 and should they not do so within the period of one hundred and twenty 
 days the judgment shall be carried out. 
 
 Art. 321. If any actions are brought within one hundred and twenty 
 days, the execution of the judgment shall be suspended until other 
 final judgments in their favor are issued, unless it is manifest that the 
 bond is sufficient to pay the amount of said claims after the judgment 
 has been carried out. 
 
 Art. 325. Should the bond not be sufficient to pay all the claims 
 which are considered good, its amount shall be divided pro rata among 
 the persons who presented them. 
 
 The provisions of the preceding paragraph shall be understood to be 
 without prejudice to the liability of the rest of the property of the 
 Register. 
 
 Art. 326. The President of the Audiencia shall immediately suspend 
 the Register ordered by a final judgment to pay the loss and damages, 
 if within ten days he does not do so or make good his bond, or if he 
 does not secure the claimants for the amount of their respective suits. 
 
 Art. 327. The person injured by the acts of a Register who does not 
 file his claim within the period of one hundred and twenty days men- 
 
64 
 
 tinned in Article 323 shall be indemnified with what remains of the 
 bond of the Register, or with his property, and without prejudice to the 
 provisions of Article 318. 
 
 Art. 328. If the claim for indemnity has been admitted and the 
 amount of the bond does not appear sufficient to secure it, the Judge or 
 Court must, at the instance of the claimant, order that a cautionaiy 
 notice be made against the property of the Register. 
 
 Art. 329. Should the Register be condemned at the same time to pay 
 damages and losses, and also to pay fines, the former shall be first paid. 
 
 Art. 330. The period for the restitution of bonds must be computed 
 from the time the interested party ceases to exercise the office of Reg- 
 ister and not from the time he leaves one Registry and is transferred 
 to another. 
 
 Art. 331. When a Register who passes from one Registry which 
 requires a larger bond to another requiring a smaller one, the difference 
 shall not be returned to him except at the time and under the condi- 
 tions prescribed in Article 306. 
 
 ART. 332. The right of action to recover indemnity for the damage 
 and loss suffered by the acts of Registers shall be limited to one year 
 after said losses have been known to the person who may bring said 
 action, and in no case shall it last a longer period than that indicated 
 by the common law for the limitation of personal actions, computed 
 from the time the offense was committed. 
 
 Art. 333. The Judge or Court before whom a Register is prosecuted 
 for the indemnity of damages caused by his acts shall immediately 
 advise of the action the President of the Audiencia under whose juris- 
 diction said Register is. 
 
 The President of the Audiencia, in view thereof, shall require the 
 Judge or Court to order the entry of the cautionary notice mentioned 
 in Article 328, should it be deemed necessary and should it not have 
 already been ordered; requesting at the same time that he be informed 
 at certain intervals as to the progress of the action. 
 
 The person who during one hundred and twenty days does not pros- 
 ecute the claim he has filed shall be understood to have renounced his 
 right. 
 
 Title XII. 
 
 FEES OF REGISTERS. 
 
 Art. 334. Registers shall collect the fees for the entries they may 
 make in the books, and for the certificates they issue, in strict accord- 
 ance with the Schedule accompanying this law. 
 
 Acts and work for which no fees are stipulated in said Schedule shall 
 not be entitled to any compensation. 
 
 Art. 335. The fees of the Register shall be paid by the person or 
 persons in whose favor the record or entry of the interest is directly 
 made. 
 
65 
 
 Art. 336. When there are several persons involved in the transac- 
 tion the Eegister may demand payment from any of them, and the 
 person making it shall have the right to recover from the others the 
 part he may have paid on their account. 
 
 In any case the fees may be recovered judicially, but the entry shall 
 never be refused or suspended on account of nonpayment. 
 
 Art. 337. Entries made in the indices and in any of the auxiliary 
 books kept by Registers shall not be charged for. 
 
 Art. 338. In the fees mentioned in the Schedule for the certificates 
 of Registers the pi ice of the stamped paper on which they have to 
 be executed is not included and shall be paid for by the persons 
 interested. 
 
 Art. 339. At the foot of every entry, certificate, or note for which 
 fees have been charged the Eegister shall stamp the amount charged, 
 quoting the number of the Schedule by virtue of which it was demanded. 
 
 When one number of the Schedule is applied to several operations 
 it shall be sufficient to record the fees charged at the foot of the prin- 
 cipal entry or note, quoting the corresponding number of the Schedule, 
 it being unnecessary to record in the other work the fees embraced in 
 said number. 
 
 Art. 340. The fees charged by Registers for certificates and records 
 ordered by Judges or Courts in consequence of actions in which they 
 have jurisdiction shall be classified for their exaction and collection in 
 the same manner as the other costs of said action. « 
 
 Art. 341. When a Judge or Court decides that the refusal of a Reg- 
 ister to definitely record or enter a document is unfounded, the person 
 interested shall not be obliged to pay the fees for the cautionary notice, 
 or, in a proper case, for the marginal note which said Register may 
 have placed opposite the entry of presentation at the time the docu- 
 ment was returned, nor for the cancellation of said note. 
 
 Art. 342. When an entry is corrected on account of some error com- 
 mitted therein by the Register, the latter shall not receive any fee for 
 the new entry, but without prejudice to the provisions of the second 
 paragraph of Article 263. 
 
 If the Register who made the mistake in the entry is not the same 
 who is to make the correction, the latter shall have a right to bring an 
 action against the former or his heirs for the recovery of the fees due 
 for the new record. 
 
 Art. 343. For records, certificates, and other work, for which fees 
 may be collected, incumbent upon Registers, these officials shall charge 
 the fees indicated in the respective numbers of the Schedule, taking 
 into account the value of the estates, or the interest created in them, 
 which are transferred, or to which the operations indicated refer. 
 
 Art. 344. Registers, in writing the entries, notes, and certificates, 
 shall act strictly in accordance with the instructions and models which 
 the regulation for the execution of this law will contain. 
 19539 5 
 
GQ 
 
 Atct. 345. The delegates of the Presidents of Audiencias for the 
 inspection of Registries shall carefully examine in their visits of inspec- 
 tion to see if the records are made in conformity with the models indi- 
 cated in the preceding Article, and they shall state in their report any 
 errors of this kind they may observe, so that the Register who makes 
 his entries more extensive than necessary or omits therein some of the 
 details which they should contain, according to their class, may be 
 disci [dined. 
 
 Art. 346. No changes whatsoever may be made in the Schedule 
 accompanying this law except by the enactment of another law. 
 
 Title XIII. 
 
 REDEMPTION FROM EXISTING ENCUMBRANCES. 
 
 Art. 317. Persons who may have any realty or property rights 
 recorded in their favor may release them with regard to third persons: 
 
 1. From any legal mortgages or interests which have not been 
 recorded to which they are or may be subject. 
 
 2. From charges which may not have been recorded or secured by 
 a recorded mortgage, caused by a suit to establish or rescind an instru- 
 ment, which can have no effect with regard to third persons without 
 being recorded. 
 
 3. From the interests which, if having been recorded in the books 
 kept by the old Recorders and Judges who received mortgages, the 
 Register in whose charge said books are has not been able to determine 
 the property which is affected thereby, the entries being defective. 
 
 4. From all suits to establish or rescind an instrument which can be 
 brought, including those of the persons who may have previously 
 recorded their titles relative to the same property or interests. 
 
 Art. 348. If, on the day this law is put into operation, the persons 
 requesting the release have the ownership of the realty or property 
 rights recorded in the books of the old "Anotaduria" or "Receptoria" 
 of mortgages their request can not be complied with until they transfer 
 the entries to the new books of the Registry. 
 
 Art. 349. For the effects of Xo. 1 of Article 347 shall be considered 
 as not recorded besides the interests which are not entered in the old 
 nor in the new books, those which have not been recorded in favor of 
 any person nor been the object of judicial proceedings during the thirty 
 years prior to the time this law has been put into operation, and were 
 not entered in favor of their present owners before said period. 
 
 Art. 350. Interests considered not recorded, in accordance with the 
 preceding Article, may be the basis of proceedings to clear the title. 
 
 Art. 351. The Judge of First Instance of the district in which the 
 property or real interests are situated to which said proceedings refer 
 is the only one who may declare it. 
 
67 
 
 Art. 352. If the proceedings to clear the title of an estate situated in 
 two or more districts is demanded, the Judge of competent jurisdiction 
 shall be the one of the district in which is located the principal part 
 thereof, such part being considered the one which contains the resi- 
 dence of the owner, or if there be none, the workrooms, and if there be 
 no workrooms the part having the greatest area. 
 
 Art. 353. If the property to which the proceedings to clear the title 
 refer be a railway, canal, or other work of a similar nature, or having 
 a resemblance thereto, which crosses -several districts, the principal 
 part shall be considered such part, for the effects of the preceding 
 Article, in which is situated the place from which the work starts. 
 
 Art. 354. In the proceedings for redemption inay also be included, 
 in the manner prescribed by Article 317, general mortgages established 
 in accordance with prior legislation which are in force when this law is 
 put into operation, viz: 
 
 1. In favor of married women, on the property of their husbands, 
 for the dowry and personal property in addition to the dowry which 
 has been delivered to them. 
 
 2. In favor also of married women, on the property of their husbands, 
 for the dowry and donations by reason of marriage settlements which 
 the latter may have made to them. 
 
 3. In favor of children, on the property of their parents, for the prop- 
 erty which may be set apait. 
 
 4. In favor of children who are still under parental authority, on the 
 property of their parents, for the property of which the latter are 
 administering or enjoying the use. 
 
 The persons in whose favor these general mortgages stand can not 
 demand the creation of a special mortgage. 
 
 Art. 355. The mortgages mentioned in the preceding Article, which 
 are in existence on the day this law is put into operation, shall continue 
 in force in accordance with prior legislation, for the time the obliga- 
 tions which they secure hold good, with the following exceptions: 
 
 1. When, by the consent of the parties or of the debtor, they are 
 replaced by special mortgages. 
 
 2. When the married woman or children, being of age, consent to 
 the extinguishment, reduction, subrogation, or extension of the legal 
 mortgage. 
 
 3. When legal mortgages have no further effect with regard to third 
 persons, by virtue of a decree issued in the suit for clearing the title, 
 as established in this title. 
 
 Art. 356. Persons who, on the day this law is put into operation, 
 may have their property encumbered by some implied mortgage, as 
 mentioned in Article 54, may at any time demand of the person hold- 
 in- said mortgage that he accept in its place a sufficient special and 
 definite mortgage. 
 
68 
 
 Should said person refuse to accept the mortgage offered, or should 
 he accept it and the persons interested do not agree as to the amount 
 of the obligation to be secured, or as to the insufficiency of the prop- 
 erty offered in security, the Judge or Court shall decide the matter in 
 the manner prescribed by Article 165. 
 
 Art. 357. The provisions contained in the preceding Articles do not 
 alter or modify the preference allowed by law in the property other 
 than realty or property rights thereiu, to those persons in whose favor 
 legal mortgages have been created. 
 
 Art. 358. Registers of property have charge of the preparation or 
 proceedings for clearing title. 
 
 Art. 359. A single proceeding for clearing title may be instituted 
 for all the property comprised in the jurisdiction of the Registry, pro- 
 vided said jurisdiction embraces one subdistrict. 
 
 Art. 360. If the jurisdiction of a Registry comprises two or more 
 subdistricts one proceeding shall be instituted for each subdistrict in 
 which is situated the property which it is desired to clear. 
 
 Art. 361. The practice of proceedings for clearing title shall be in 
 accordance with the following rules: 
 
 1. The interested person shall present to the proper Eegister a peti- 
 tion for each proceeding instituted. 
 
 2. In the petition shall be described the property or property rights 
 the clearing of which is requested, with a statement of the encumbrances 
 thereon and which are to remain in force, notwithstanding the clearing 
 of the title, the legal mortgages and unrecorded interests, as well as all 
 actions to establish or rescind title which may be brought against the 
 property, if there be any and they be known ; the names of the persons 
 interested in said mortgages, interests, and actions, and their domiciles, 
 if they be known ; the names of the wife and children of the petitioner^ 
 should he have any, giving their age, status (whether married or single), 
 and domicile, and the names of the persons who, during the twenty years 
 immediately preceding, may have owned, according to the Registry, 
 said property or interests; and the petition shall be made that one hun- 
 dred and eighty days be fixed, either to request the creation of a special 
 mortgage to replace the general one or to exercise the rights and actions 
 which the persons referred to, or any others, may have, with a warning 
 that, should they not be brought within said period the said legal mort- 
 gages, rights, or actions mentioned shall be considered as extinguished 
 with regard to third persons who may subsequently acquire the owner- 
 ship or a property right in any of the property cleared. 
 
 3. The Register shall certify at the end of this document as to the 
 conformity of its contents with the entries in his books, should they so 
 conform, or as to any differences which may exist. 
 
 Should the differences be material, he shall return the document to 
 the interested party for its correction, or so that he may make use of 
 his privilege. 
 
69 
 
 Should the differences be immaterial, or should those it did contain 
 have been corrected, the Register shall consent to the proceedings 
 asked for in the petition to clear title, and shall make a report to the 
 Judge of First Instance of the proper subdistrict. 
 
 4. In case the clearing of an estate located within the jurisdiction of 
 several Registries is requested, the Register who institutes the pro- 
 ceedings shall notify those of the other jurisdictions, so that they may 
 issue the certificate prescribed in the preceding rule, each one for the 
 part of the estate which corresponds to his office, for which purpose the 
 former shall transmit a complete copy of such part of the petition as 
 may be necessary. 
 
 5. The following shall be notified personally or by means of a notice 
 in accordance with the provisions of Articles 246, 247, 250, 251, 252, 
 and 253 of the Law of Civil Procedure of the Philippines; 262, 263, 266, 
 267, 268, and 269 of the same law for Cuba and Puerto Rico : 
 
 First. The wife and children of the petitioner, should he have any, 
 and, if they be minors, their guardians, or in the absence of such, the 
 representative of the Department of Public Prosecution. 
 
 Second. The persons, if there be any, or their legitimate representa- 
 tives, who appear from the document clearing the title or from the 
 Registry, interested in any legal mortgages, rights, or actions which 
 should be extinguished on clearing the title. 
 
 Third. The persons, if they exist, who during the last twenty years 
 may have had, according to the Registry, the ownership of the property 
 or interests which it is desired to clear. 
 
 6. In notifying each person interested of the request of the petitioner, 
 a notice shall be delivered to each, signed by the Register, stating: 
 
 First. The name, surname, domicile, status (whether married or sin- 
 gle), and profession of the petitioner; 
 
 Second. The property described in the petition for clearing the title; 
 
 Third. A designation of the part of the property which he desires to 
 clear, should it not be the entire property; 
 
 Fourth. The kind of legal mortgage, interest, or action in which the 
 person notified may be interested, and 
 
 Fifth. The period of one hundred and eighty days allowed in which 
 to bring an action and the Court before which the suit must be insti- 
 tuted. 
 
 7. The notices shall be made by said Register in accordance with the 
 above-mentioned Articles of the Law of Civil Procedure, if the persons 
 notified reside in the same town where the Register is located. 
 
 Should they reside outside of said town, but within the jurisdiction 
 of the Registry, the Register shall send a communication to the proper 
 Municipal Judge, so that he may order the Secretary to make said 
 notification. Should they reside outside of the jurisdiction referred to, 
 the Register shall communicate the fact to the Judge of First Instance 
 of the subdistrict, so that the latter may issue the necessary letters 
 requisitorial. 
 
70 
 
 8. When the estate which it is desired to clear is mortgaged in favor 
 of the Public Treasury, the notification shall be sent to the Governor 
 of the proper Province, or to the high official having jurisdiction of the 
 matter which served as a basis for the mortgage. 
 
 0. Notifications toother persons who may be interested shall be made 
 by means of a proclamation, posted in the usual places in the town 
 where the Registry is established and where the property to which the 
 clearing of title refers is located, said edicts being also published in 
 the official papers of the respective colony. 
 
 The proclamations prescribed in the preceding paragraphs shall 
 6tate: 
 
 First. The name, surname, residence, status (whether married or 
 single), and the profession of the petitioner. 
 
 Second. A statement of the estates which the latter desires to clear, 
 indicating their location, name, number, area, and boundaries, the deed 
 referring to their last acquisition, and the name of their former owner. 
 
 Third. The encumbrances on said property and the ones which are to 
 remain in force notwithstanding the clearing of title. 
 
 Fourth. Legal mortgages, interests, or actions to which they are or 
 could be subject, according to the petition of the claimant, and which 
 are to be extinguished by the clearing, should no objections be made. 
 
 Fifth. The period of one hundred and eighty days in which to file 
 the claims in the Court of First Instance to which the Registry 
 corresponds, with the proper notice. 
 
 10. The period of one hundred and eighty days shall be computed 
 from the date of the official papers in which the proclamation is pub- 
 lished, provided all the notifications prescribed in rules 7 and 8 have 
 been made prior thereto. Should they not have been made, the one 
 hundred and eighty days shall be computed from the last notification 
 made, for all interested persons who wish to file some objection. 
 
 11. During the period of one hundred and eighty days the proceed- 
 ing for clearing the title shall be on view in the office of the Register 
 instituting it, so that all persons interested may examine it. 
 
 12. After the period of said one hundred and eighty days, the pro- 
 ceedings and all the papers showing the notices and the posting of the 
 proclamations, together with a copy of the official papers in which the 
 latter were published, shall be transmitted by the Register to the 
 proper Judge of First Instance of the subdistrict. 
 
 Art. 362. Any objections which may have been presented to said 
 Court of First Instance of the subdistrict, in consequence of the peti- 
 tion for clearing the title, shall not be heard until the Register trans- 
 mits the proceedings, in accordance with the provisions of the preceding 
 rule. 
 
 Art. 363. Before hearing the objections mentioned in the preceding 
 Article, matters regarding declarations of poverty may be heard, and 
 such as refer to the issue of copies or certificates of public documents, 
 
71 
 
 which are to serve as a basis for said objections, and any others which, 
 in the judgment of the Judge of First Instance of the subdistrict, are 
 considered urgent. 
 
 Art. 364. Should a person request the creation of a special mort- 
 gage, a copy of the request shall be given the petitioner, proceeding in 
 the manner prescribed by Article 165. 
 
 Art. 365. If more than one person should request such mortgages, 
 all the objections shall be heard in one trial and, until a final decision 
 is rendered thereon, no property shall be declared cleared. 
 
 Art. 366. If any rights and actions have been brought which affect 
 all of the property which it is desired to clear, they shall be heard 
 together at one trial. 
 
 Art. 367. The provisions of the foregoing Article shall only be made 
 use of when the hearing at one trial is compatible with the nature and 
 object of the claims. 
 
 Art. 368. In case the actions brought only affect certain estates, 
 they shall be heard separately. 
 
 Art. 369. The procedure in the trials instituted in consequence of 
 the objections referred to in the two preceding Articles, shall be such 
 as are respectively prescribed by the law of Civil Procedure. 
 
 Art. 370. If no claim has been filed against the property to be 
 cleared, or the persons who have a right to demand the creation of a 
 special mortgage forego it, with regard to said property, or the actions 
 brought against ail of the property in question have been ended, or if 
 a part thereof is not affected by the objections filed, the Judge of First 
 Instance of the subdistrict shall transmit the proceedings for clearing 
 the title to the Department of Public Prosecution to ascertain whether 
 said proceedings have been instituted in accordance with the formali- 
 ties prescribed by this law, and to determine the property or interests 
 which are to be cleared. 
 
 Art. 371. Should the Department of Public Prosecution find any 
 inaccuracies, they shall be ordered corrected, as well as those which the 
 Court should deem necessary to correct, and, after being confirmed, 
 the judgment clearing the title shall be entered. 
 
 Art. 372. The judgment clearing the title shall state: 
 
 1. The name, surname, number, area, boundaries, and ownership of 
 each of the estates cleared. 
 
 2. Whether it has been issued after the trial of other suits or not, 
 mentioning such suits. 
 
 3. The fact of having created any special mortgage or mortgages for 
 the security of interests which were previously guaranteed by legal 
 mortgages or unrecorded incumbrances, or that said mortgages were 
 not created on account of the renouncement of the interested parties, 
 or because they have not been claimed, or because none existed. 
 
 I. The incumbrances remaining on the property, notwithstanding the 
 clearing. 
 
72 
 
 5. The fact that said estates are entirely free from all unrecorded 
 incumbrances or legal mortgages, with regard to third persons who 
 may later acquire the ownership or a property right in the same 
 property. 
 
 The judgment shall be made public in the manner prescribed in the 
 first paragraph of rule No. 9 of Article 361. 
 
 Art. 373. In the ten days following the publication of the procla- 
 mation in the official papers of the proper colony, an appeal may be 
 taken from the judgment clearing the title to the Audiencia of the 
 jurisdiction, by persons who may have been injured thereby, and who 
 prove that by force majeure, or for other reasons, it was impossible for 
 them to file their claim within the one hundred and eighty clays 
 mentioned in rule 10, of said Article 361. 
 
 The proper remedy by cassation may be had from the decision of the 
 Audiencia. 
 
 Should no appeal be taken within ten days, or if the appeal taken is 
 finally disposed of, confirming the judgment clearing the title, no 
 appeal may be taken from the latter to the prejudice of third persons. 
 
 Art. 374. The Judge of First Instance of the subdistrict shall order 
 that a certified copy of the judgment be issued and delivered to the 
 person interested, so that he can present it to the proper Eegistry, and 
 that the papers in the case be filed. 
 
 If an estate has been cleared which is situated in the jurisdiction of 
 several Eegistries, a certified copy shall be delivered for each of them, 
 confined to the property situated therein. 
 
 Art. 375. The Eegister to whom the certified copy of the judgment 
 is presented shall make a note thereof in the special Eegistries for 
 estates or interests cleared, stating briefly the contents of said judg- 
 ment, so far as it refers to each estate. After this has been done, the 
 certified copy shall be filed in the Eegistry. 
 
 Art. 376. In judgments clearing the title the intervention of attor- 
 neys or solicitors shall not be necessary. 
 
 The stamped paper employed shall be such as is designated by law. 
 
 Eegisters may demand, for the certificate prescribed in rule 3 of 
 Article 361, the fees fixed in the Schedule accompanying this law; for 
 the notifications which they make and, for the posting of proclamations, 
 fees which Clerks of Courts of First Instance receive for the same work, 
 according to the schedule in force for judicial matters, and for the 
 entries of judgments in the special Eegistries of property, 50 cents for 
 each entry. 
 
 In the Courts of First Instance the fees' charged shall be in accord- 
 ance with the schedule mentioned. 
 
 Art. 377. Persons who may have the ownership only of realty or 
 property rights recorded, may clear them, in accordance with the pro- 
 visions of the preceding Articles, with the following modifications: 
 
 1. In the petition requesting the clearing of the title, in the notices 
 which are to be delivered to the persons to be notified, and in the 
 
73 
 
 edicts shall be stated the date of ttie entries or the dates of the 
 entries of ownership. 
 
 2. The period of one hundred and eighty days mentioned in Article 
 361 shall be extended to one year. 
 
 3. Notice of the petition for clearing the title must necessarily be 
 given to the Mayor of the town located in the district where the prop- 
 erty, which it is desired to clear, is located. 
 
 Art. 378. Persons, who neither have the ownership nor the possession 
 of the realty or the property rights recorded, aud wish to record said 
 ownership, in accordance with the formalities mentioned in Articles 395 
 el seq., may request their clearing in the same proceedings, which must 
 be instituted before the Court of First Instance of the subdistrict in 
 which the property is located, provided the instrument, the notices 
 which have to be issued to those interested, and the edicts, contain all 
 the details prescribed in said Articles, and in Artisle 361. 
 
 The Judge of First Instance of the subdistrict shall also proceed in 
 accordance with the provisions of said Articles aud Article 362 et seq. 
 up to 273, inclusive, with such changes as may be indispensable for the 
 different cases. 
 
 Art. 379. The records of ownership which are made by virtue of the 
 judgments entered, in accordance with the proceedings referred to in 
 the foregoing Article, shall contain a statement to the effect that the 
 property is cleared, with a brief statement of that part of the judgment 
 which relates thereto. 
 
 Art. 380. Persons who have recorded neither the ownership nor the 
 possession of the realty or property rights, and desire to record only 
 the possession, can not request the judgment clearing the title to said 
 property, or interests, until they have obtained such record, proceeding 
 in this case in accordance with the provisions of Article 377. 
 
 Art. 381. Property acquired through inheritance or legacy, can not 
 be cleared until five years have elapsed from the date of their record 
 in the Kegistry. 
 
 Art. 382. Exceptions to the rule contained in the preceding Article 
 are the property acquired by legal heirs. 
 
 Art. 383. Persons who on the day this law is put into operation have 
 several estates of their ownership encumbered by an annuity (censo), 
 or voluntary mortgage, the principal of which has not yet been dis- 
 tributed among them, shall have a right to demand that it be divided 
 among those sufficient to secure said principal three times over, in 
 accordance with the provisions of Article 119. 
 
 If one of the estates should be sufficient to secure said sum, it can 
 also be demanded that the lien be reduced to the same. 
 
 If two or more of the estates in question must remain encumbered, 
 each one must be sufficient to secure three times over that part of the 
 principal which it guarantees. 
 
 Art. 384. The creditor or owner of the annuity (eensualista), may 
 also demand the division and reduction of the encumbrance in the case 
 
74 
 
 mentioned in the preceding Article, should the debtor or the person 
 paying the annuity (censatario) not do so. 
 
 Art. 385. If the estates charged with annuities (acensuados), or 
 mortgaged in the manner described in Article 383, should not be suffi- 
 cient to secure three times over the principal of the annuity (censo) or 
 the debt, the division of said principal can be demanded only among 
 said estates, in proportion to their respective value, but not the clear- 
 ing of any of them. 
 
 Art. 386. The division and reduction of the annuities (censos) and 
 mortgages, mentioned in the preceding Articles, shall be made by 
 mutual agreement between all persons who may be interested in the 
 continuance of either. 
 
 Should the parties interested not come to an agreement, or if any 
 one of them is an unidentified person, said division and reduction shall 
 be decreed by the Court in a declaratory suit and with the intervention 
 of the Department of Public Prosecution, should there be any uniden- 
 tified or unknown interested persons. 
 
 Art. 387. If the division or reduction of the annuity (censo) or mort- 
 gage is agreed to by all the persons interested, it must appear by means 
 of a public instrument. 
 
 Should a suit have been instituted and a judgment rendered, the 
 Court shall issue the proper mandate. 
 
 The annuities (censos) which have not been imposed on specified 
 estates, but which have been secured by a general mortgage of all the 
 property of the persons who created them, shall be understood as 
 embraced in this Article, as well as in those following Article 383; 
 therefore, the owner of the annuity (censualista) may demand that a 
 lien for the annuity be created on property indicated, which is the pos- 
 session of the person paying the annuity, should the latter not do so 
 voluntarily. 
 
 Art. 388. Through the presentation of the document, or in a proper 
 case, of the judicial mandate, the new mortgage or lien shall be recorded 
 in the Piegistry according to the manner in which it has been created, 
 and the previous ones which are to be replaced thereby shall be can- 
 celed, should they have been recorded. 
 
 Title XIV. 
 
 UNRECORDED DOCUMENTS AND RECORDS OF POSSESSION. 
 
 ART. 389. From the time this law goes into operation, no document 
 or instrument which has not been recorded in the Registry shall be 
 admitted in the ordinary or special Courts or Tribunals, in the Councils 
 or offices of the Government, by which interests subject to record are 
 created, conveyed, acknowledged, modified, or extinguished, according 
 to the same law, if the object of the presentation be to enforce, to 
 the prejudice of third persons, the interests which should have been 
 recorded. 
 
75 
 
 Notwithstanding the provisions of the preceding Article, the docu- 
 ment which has not been recorded, but which should have been, may 
 be admitted to the prejudice of third persons, if the object of the pre- 
 sentation be only to corroborate another subsequent instrument which 
 had been recorded. 
 
 This document may also be admitted, if it is presented to demand a 
 declaration of nullity and consequent cancellation of some entry which 
 prevents the record of said document. 
 
 Art. 300. To facilitate the compliance of the preceding Article, to 
 owners who lack a recorded title of ownership, no matter at what period 
 the acquisition took place, they shall be permitted to record their inter- 
 est by previously proving their possession, before the Judge of First 
 Instance of the place where the estates are located, with the consent 
 of the Department of Public Prosecution and citation of the adjacent 
 property owners, should they desire to record the absolute ownership 
 of some estate, and with the citation of the owner or other participants 
 in the ownership, should they desire to record some property right. 
 
 If the estates are located in a town or township where no Judge of 
 First Instance of the subdistrict resides, said proceedings may be held 
 before the proper Municipal Judge, with the consent of the representa- 
 tive of the Public Prosecutor. 
 
 The intervention of the Department of Public Prosecution shall be 
 limited to seeing that the formalities of law are observed in the pro- 
 ceedings. 
 
 Art. 301. In the preparation of the papers to which the preceding 
 Article refers, the following rules shall be observed: 
 
 First. The document in which the admission of the proceedings is 
 requested shall contain : 
 
 1. The nature, location, area, boundaries, name, and incumbrances 
 on the estate, the possession of which it is desired to prove. 
 
 2. The legal nature, value, conditions, and incumbrances on the prop- 
 erty right, the possession of which is in question, and the nature, loca- 
 tion, boundaries, and name, should it have any, of the estate on which 
 such right exists. 
 
 3. The name and surnames of the person from whom the realty or 
 interest was acquired. 
 
 4. The length of time the possession has been had. The circum- 
 stance of demanding a written title or the difficulty of finding it, should 
 it exist. 
 
 Second. The proceedings shall be held in the presence of two or 
 more witnesses, landowners of the town or municipal district in which 
 the estates are located. 
 
 Third. The witnesses shall prove that they have the qualifications 
 mentioned in the preceding rule, presenting the document necessary 
 for this purpose. 
 
 They shall limit their testimony to the statement that the person 
 who instituted the proceedings possesses the estates in his own name, 
 
76 
 
 and to the time of said possession, and they shall be responsible for any 
 damage they may cause by the inaccuracy of their depositions. 
 
 Fourth. The person who desires to have his possession recorded, shall 
 present a certificate of the Mayor or official intrusted with the collec- 
 tion of land taxes in the town of the municipal district in which the 
 estates are located. This certificate shall clearly set forth, in accordance 
 with the assessment roll, sworn statements or documents presented by 
 the taxpayers, or other data from municipal offices, that the person 
 interested pays the taxes as the owner of the property, stating the 
 amount paid on each estate, if it appears, and should this not be pos- 
 sible, it shall be stated that all of them were taken into account at the 
 time of the last assessment. 
 
 When no quarterly payment of taxes has been made because the 
 acquisition has been recent, the person from whom the realty was 
 acquired shall be notified of the proceedings, or his heirs, so that they 
 may declare whether they have any objections to make against its 
 record. 
 
 If the person requesting it is an heir of the previous possessor, he 
 shall present the last receipt for the taxes which may have been paid, 
 or any other document showing that the payment was made. 
 
 Fifth. If the owners of the contiguous estates, or the part owner of 
 the property or interests in an estate, who must be cited, are absent? 
 and their whereabouts are known, the Court shall cite them by means 
 of a communication, if they reside in the colonies, or he shall address 
 himself through the Colonial Department, if the persons are to be 
 found in the Peninsula, or in any of the other colonies. If their resi- 
 dence be in some foreign country, the communication shall be addressed 
 through the same official channels to the consul of the country in 
 which they are residing, requesting them to appear in person or by 
 proxy within the period deemed convenient, according to the distance, 
 and which can not be less than ninety days, computed from the date 
 of the notice. 
 
 If their whereabouts are unknown, they shall be cited by means of 
 official edict published in the official papers of the proper Colony, and 
 within the period of ninety days ; and, if at the end of this period the 
 persons cited should not appear, the Court shall approve the proceed- 
 ings and order that the record of the interest be made without preju- 
 dice to the interests of said contiguous owners or part owners, and 
 stating that the latter have not been heard in the proceedings. 
 
 The record shall in such case also contain said statement. 
 
 Sixth. Any person, who believes that he has a right to the estates 
 or a part thereof, the record of which is requested through an informa- 
 tion as to possession, may institute a declaratory suit to enforce it 
 before the Court of competent jurisdiction. 
 
 The interposition of this claim and its entry in the Eegistry shall 
 suspend the course of the proceedings with regard to the information, 
 or the entry thereof, should they already have been concluded and 
 approved. 
 
77 
 
 Art. 392. Should the notice drawn in accordance with the form pre- 
 scribed in the preceding Article, be sufficient, and there be no oppo- 
 sition by a person having a right thereto, or such a position as was 
 made, having been abandoned, the Court shall approve the proceedings, 
 and order that the record requested be made in the Registry without 
 prejudice to a third person having a better claim. 
 
 The possessor who may have acquired the decree mentioned in the 
 preceding paragraph, shall present to the Registry, in requesting the 
 proper record, the original papers in the case which have been turned 
 over to him for this purpose, being permitted to transmit therewith a 
 copy of the same on common paper, should he desire to keep them, 
 whicb, after being compared by the Register and the certificate of com- 
 parison attached thereto, shall be returned to him, the original in all 
 cases being filed. 
 
 Art. 393. Registers, before recording any estate or interest by vir- 
 tue of the notices prescribed in the three foregoing Articles, shall care- 
 fully examine the Registry to ascertain whether it contains any entry 
 relating to the said realty, which may be totally or partially canceled 
 in consequence of said record. 
 
 Should he find any record of acquisition of ownership or possession 
 not canceled, and which is in contravention to the fact of possession 
 justified by the judicial information, he shall suspend the record, enter 
 a cautionary notice, if requested to do so by the person interested, and 
 shall transmit a copy thereof to the Court which approved said 
 information. 
 
 The Judge, thereupon and on the citation and consent of the persons 
 who. according to said record, may have some interest in the realty, 
 shall confirm or revoke the decree of approval, in either case communi- 
 cating the decision rendered to the Register so that he may either make 
 the record or cancel the cautionary notice. 
 
 If the persons who should be cited are absent, the formalities pre- 
 scribed by rule No. 5 of Article 391 shall first be complied with. 
 
 Should the Register find uncanceled any record of an annuity (censo), 
 mortgage, or any property right in the estate which should be recorded, 
 he shall make the entry of possession requested by virtue of judicial 
 information, but he must state therein the existence of such record. 
 
 Entries of possession shall be converted into records of ownership 
 when they have the following requisites: 
 
 1. That twenty years have elapsed since the date of entry. 
 
 2. That the conversion of the entry of possession be announced by 
 means of a proclamation in the proper Official Bulletin, so that persons 
 interested, who consider themselves prejudiced thereby, may object by 
 bringing the proper action within the period of thirty days; and 
 
 3. That after the periods mentioned in the preceding paragraphs 
 having elapsed, no entry or note exists in the Registry indicating that 
 the prescription has been interrupted. 
 
78 
 
 For this purpose, if the interruption be a natural one, it shall be 
 proven in a summary procedure before the Judge of the Municipality 
 where the property is located, the cause thereof, and how the possession 
 ceased on that account for more than one year; and the certified copy 
 having been issued, the proper note shall be made at the margin of the 
 entry of possession. If the possession has been civilly interrupted, it 
 shall be so stated in the Registry, either by means of a marginal note 
 made by virtue of a communication from the Court, in which the citation 
 of the person possessing the property shall be copied, or by reason of 
 the presentation of a certified copy of the agreement, either by means 
 of a cautionary notice of the claim, the effects of which shall retroact to 
 the date of the presentation to the Eegistry of the copy of said agree- 
 ment, or by the record of the instrument which contains the express or 
 implied acknowledgment of the right of the owner by the person in 
 possession. Thirty days after the twenty years have elapsed the Reg- 
 isters shall, at the instance of the persons interested, ma'<e the proper 
 record of conversion, if the requisites mentioned in the preceding para- 
 graph have been complied with. 
 
 Art. 304. Records of possession shall contain all the details men- 
 tioned in Article 391, and also the names of the witnesses who may 
 have testified, the result of their depositions, the result of other inves- 
 tigations made in the proceedings, the opinion of the Department of 
 Public Prosecution, and the special circumstances of the record, accord- 
 ing to its character, so far as they appear from the papers in the case. 
 
 If the twenty years calculated from the date of the entry have not 
 elapsed, or the requisites mentioned in Article 393 of this law have not 
 been complied with, the entries of possession shall have the legal effect 
 embraced in the provisions contained in the following paragraphs. 
 
 The period of possession which appears to have elapsed at the time 
 said entries are made shall be computed for the prescription which does 
 not require a just title, unless a person prejudiced thereby denies it, in 
 which case said period of possession must be proven in accordance with 
 the common law. 
 
 Entries of possession shall prejudice or favor third persons from the 
 date of their record, but only with regard to the effects which the laws 
 attribute to mere possession. 
 
 The entry of possession shall not prejudice the person who has a 
 better right to the ownership of the realty, although his title has not 
 been recorded, unless the prescription has confirmed and secured the 
 claim recorded. Between the parties the possession shall be effectual 
 from the date prescribed by the common law. 
 
 The provisions contained in the preceding Articles, regarding the 
 entries of possession, can not be applied to mortgage rights, which can 
 not be recorded unless an instrument in writing is presented. 
 
 Art. 395. Any person in possession, who should not have a written 
 title of ownership, without regard to the period the acquisition took 
 
79 
 
 place, may record said ownership by complying with the following 
 formalities : 
 
 1. He shall present to the Judge of First Instance of the subdistrict 
 in which the estates are located, or to the one in whose district the 
 principal part thereof is located, if it is an estate situated in various 
 subdistricts, explaining the manner in which he acquired them, and the 
 legal proofs which he can otter of said acquisition, and requesting that, 
 with the citation of the person from whom said property was acquired 
 or his legal representative, and of the Department of Public Prosecu- 
 tion, the proofs mentioned be admitted and his right declared. 
 
 2. The Judge shall give a copy of this document to the Department 
 of Public Prosecution, shall cite the person from whom the property 
 was acquired or his legal representative, should he be known, and the 
 persons who have any property right in said property; he shall admit 
 all the pertinent proofs which may be offered by the claimant, by the 
 interested persons cited, or by the Department of Public Prosecution, 
 within the period of one hundred and eighty days, and he shall issue a 
 call for the unknown persons whom the desired record might prejudice, 
 by means of proclamations posted in public places, and which shall be 
 published three times in the official papers of the proper colony, so 
 that they may appear, if they desire to substantiate their claim. 
 
 If the persons to be cited should be absent, the procedure established 
 for citations in rule number 5 of Article 391 shall be pursued. 
 
 3. After said period has elapsed, the Judge shall take cognizance of 
 the claims and proofs submitted, in writing, to the Department of Pub- 
 lic Prosecution, or to others taking part in the suit, and in view of their 
 allegations, and deciding on said proofs with an impartial judgment, 
 he shall declare whether the ownership of the property in question is 
 proven or not. 
 
 4. The Department of Public Prosecution, or any of the persons 
 interested, may appeal from this decision, and, should they do so, the 
 appeal shall be conducted in the manner prescribed for proceedings in 
 the nature of a demurrer by the Law of Civil Procedure. 
 
 5. If said decision is agreed to or confirmed, it shall be sufficient title 
 for the record of the ownership. 
 
 (i When the value of the realty does not exceed 1,000 pesos, the pro- 
 ceedings which, according to rule 3, must be submitted in writing to 
 the Department of Public Prosecution and to the persons interested, 
 shall be oral; and the appeal, should one be taken, shall be in accord- 
 ance with the procedure established for these appeals in actions for 
 small amounts. 
 
 Art. 396. The person in possession of a property right to some 
 estate, the owner of which should not have recorded said ownership 
 when this law is put into operation, may request the record of his 
 interest in the manner prescribed by the regulations, as well as a cau- 
 tionary notice of the interest of the owner, in accordance with number 
 
80 
 
 9 of Article 42, until the owner of the realty, on being cited, conies 
 forward to contradict the entry or to record his property within the 
 period of thirty days. 
 
 The owner of the encumbered estate can not impugn this entry 
 unless he requests at the same time a record of ownership, presenting 
 the proper deed or proof of having commenced proceedings disputing 
 title and demanding the judicial declaration of said ownership. 
 
 Should the owner of the realty be absent, the formalities provided 
 for citations in rule number 5 of Article 391 shall first be complied with, 
 and the time shall be computed from the date of the notice. 
 
 Title XV. 
 
 EFFECTS OF ENTRIES CONTAINED IN THE OLD BOOKS AND OF THE 
 RESTORATION OF THOSE RENDERED USELESS BY FIRE OR OTHER 
 ACCIDENTS. 
 
 Art. 397. The entries contained in the Registries existing in the 
 offices of "Contadurias," "Anotadurias," or " Receptorias " of mort- 
 gages shall have their proper effect, in accordance with the law in force 
 before the mortgage law was put into operation in the respective colo- 
 nies, if said entries have been or are transferred to the new books ot 
 the Registry. 
 
 Records of annuities (censos), mortgages, liens or any other prop- 
 erty right contained in said books existing in the offices of the Contadu- 
 rias, Anotadurias, or Receptorias of mortgages must be transferred to 
 the books of the new Registry within the period of one year from the 
 time of the promulgation of this law. This transfer must be made at 
 the request of an interested party. 
 
 If the transfer is solicited through a request addressed to the Regis- 
 ter withiu said period, the effects of the transfer shall retroact to the 
 date of the entry in the old books, this fact being stated in the new 
 ones. If the request is filed at a subsequent date it can not prejudice 
 third persons. 
 
 If the encumbered estates should not be recorded either in the old 
 or in the new Registry, the record of ownership or possession must 
 first be made in the manner prescribed by the present laws in force, at 
 the instance of the person who has the property right in question 
 recorded in his name. 
 
 If the person who requests the transfer is not the same one in whose 
 favor the lien is recorded, he may have it recorded in his name, either 
 by presenting the deeds of ownership proving his right, or by proving 
 that he is actually in possession thereof, by any of the means indicated 
 in Title XIV of this law ; but the person, or his legal representatives, 
 who, according to the Registry, appears to have an interest in the lien, 
 must always be cited, either personally or through a proclamation. 
 
 If, in transferring the records referred to in the present Article, some 
 of their details are taken from additional notes presented by the inter- 
 
81 
 
 ested parties, the part of the new records referring to said details, shall 
 not prejudice third persons. 
 
 In case the details presented refer to the boundaries of an agricul- 
 tural estate, that part of the record relating thereto shall prejudice the 
 owners of the contiguous land who may have signed it. 
 
 Owners of annuities (censos), incumbrances, and other interests who 
 request the transfer of the records contained in the old Registries, 
 within the time fixed by this Article, shall be exempted from the pay- 
 ment of the fees, fines, and charges for delay in the proceedings which 
 took place before said period had elapsed, and for the entry made in 
 their favor, and they shall pay the Registers only half the usual fees, 
 it being understood that in the new Registry not more than one entry 
 shall be made for each incumbrance of property right, which shall 
 include the old one, the conveyances which took place thereafter, and 
 the interest of the person in possession. 
 
 Records contained in the books of the Registry, prior to said date, 
 shall have all the effects of entries subsequent thereto with regard to 
 the interests they set forth, although the former may lack some of the 
 details which, under penalty of nullity, are required by Articles 9 and 
 13 of this law, and although they are not transferred to the new books. 
 
 Art. 398. If, on account of some accidental or intentional destruc- 
 tion, the books of the Registry of property are totally or partially 
 destroyed, the judicial authority usually delegated to inspect the Reg- 
 istries, shall without loss of time make an extraordinary inspection with 
 the assistance of the Register or his substitute, and, in the absence of 
 both, with the Department of Public Prosecution, and the report thereof 
 shall contain as clearly as possible the condition of the Registry, 
 stating the books or parts thereof which have been destroyed and 
 the measures provisionally adopted to attend to the public service. 
 
 When the inspection has been made, the said official shall, as soon as 
 possible, transmit to the Colonial Minister a copy of said report through 
 the President of the Audiencia. 
 
 Art. 399. Instruments which can not be definitely recorded on account 
 of the loss or destruction of the books of the Registry, shall be entered 
 as a cautionary notice, in accordance with number 8 of Article 42. 
 
 The entry made for this reason shall cease to be effectual after the 
 termination of the period mentioned in the following Article, if the 
 instruments proving the acquisition of the estate or right have not been 
 entered before this law is put into operation. 
 
 Art. 400. The records, entries, marginal notes, and other memo- 
 randa contained in the books of the old offices of the Contadurias, 
 Anotadurias, or Receptorias of mortgages, or in those of the Registry 
 of property, which have been totally or partially destroyed by fire, 
 Hood, or other casualty due to force majeure, accidental or intentional, 
 may be restored, by again presenting the documents to which said 
 entries referred, within the period of one year, and in accordance with 
 19539 G 
 
82 
 
 the rules prescribed by this law. The Colonial Department shall, by a 
 special order, fix the date from which said period is to be computed for 
 each Eegistry. 
 
 Art. 401. In all cases the instruments shall have to be presented which 
 contain the memorandum showing that cognizance has been taken of 
 them, or that they have been entered or recorded in the proper book, 
 provided that the acquisition of the estate or right is proved, before the 
 date this law is put into operation. When the record is copied, the 
 Eegister shall write and sign on the instrument another memorandum 
 stating this fact. 
 
 Art. 402. The other documents intended to correct the inaccuracies 
 of the recorded instruments shall also be presented. 
 
 Art. 403. The person in possession of any annuity (censo), mort- 
 gage, servitude, or any other property right in an estate, the owner of 
 which has not recorded nor re-recorded his ownership, may request 
 that his interest be again recorded, provided that the acquisition of 
 the ownership or possession of the estate can be proven by the instru- 
 ment or other authentic documents presented. 
 
 The record of this ownership shall be made in accordance with the 
 general rules, and without prejudice to the right of the owner to make 
 additions thereto, or to correct it on the presentation of new documents. 
 
 Art. 404. The owner who does not have in his possession the instru- 
 ments previously recorded, and who proves the destruction or loss of 
 the originals or of the drafts thereof, may replace this loss at any time 
 and again record the ownership or possession, in accordance with any 
 of the measures prescribed by Articles 390, 391, and 395. 
 
 Art. 405. Eegisters can not refuse to again record instruments which 
 have already been recorded. 
 
 Should they perceive any error which can not be corrected, they shall 
 confine themselves to showing it, so as to avoid all responsibility. 
 Should it be capable of correction, they shall proceed in accordance 
 with Articles 19, 6G, and 402. 
 
 Art. 406. Eegisters who have in the books of the old offices of Con- 
 tadurias, Anotadurias, or Eeceptorias, records corresponding to those 
 contained in the books destroyed, shall forward a detailed statement 
 thereof to the office where the accident happened, within the period of 
 one year mentioned. 
 
 Without prejudice thereto, said officials shall issue true copies of the 
 entries or records, which the interested parties may request for the 
 purposes of this law. For these certificates they shall receive no fees. 
 
 Art. 407. When several instruments are presented which have 
 already been recorded, showing the subsequent conveyances of the 
 ownership of the estate, or of any of the property rights therein, they 
 shall all be embraced in one entry. 
 
 Estates shall be given the correlative number which belongs to them, 
 according to the order established by the Eegister after the destruc- 
 
83 
 
 tion. In the new entries or records, there shall be stated the number 
 which the estate has previously had. 
 
 Art. 408. The records and other entries which are replaced in accord- 
 ance with this law, from the time of the destruction of the books until 
 the determination of the period mentioned in Article 400, shall have 
 their proper effects, with regard to the interests they set forth, accord- 
 ing to the present laws, from the date the new entries were made. 
 
 For all legal purposes, the date of the memorandum at the foot of 
 the instrument stating that it has been entered or recorded, shall be 
 considered the date of the new entry. If the instruments have been 
 lost and the date of said note or of the records referred to therein can 
 not be proven by any other documents, the provisions of this Article 
 shall have no effect. 
 
 Art. 409. The new entries treated of in the foregoing Article shall 
 only pay a fifth of the usual fees mentioned in the Schedule. 
 
 Art. 410. After the period fixed in this law has elapsed, instruments 
 which have once been recorded or entered can be again recorded, but 
 said records or entries shall not prejudice nor favor third persons, 
 except from their date, and the usual fees mentioned in the Schedule 
 shall be charged therefor. Notwithstanding, the other provisions of 
 this law are applicable to said instruments. 
 
 Art. 411. Articles 17, 20, 23, and 34, and all others referring to the 
 effects of not recording or entering any interest, shall be suspended, 
 with regard to estates and interests, the entries of which have disap- 
 peared, from the date of the destruction or loss of the books of the 
 Eegistry until the expiration of the period allowed. 
 
 The period mentioned in this law and in the regulations for its appli- 
 cation for the conversion of cautionary notices into definite records, 
 shall also be suspended. The Eegister shall call attention to this fact 
 and to the present Article in any certificates he may issue regarding 
 said estates or rights. At the termination of said period, Eegisters 
 must have the new indices made, or the ones existing in the respective 
 portion of the destroyed book, must be corrected. 
 
 Art. 412. All the acts, proceedings, and documents which the per- 
 sons interested may require, to make use of the privileges allowed in 
 the present title, shall be made on stamped paper. 
 
 FINAL PROVISION. 
 
 Art. 413. All previous provisions regarding mortgages are hereby 
 repealed. Any provisions which conflict with those of this law are 
 also hereby repealed. None of the articles composing this law can be 
 repealed, except by virtue of another special law, and the appropriation 
 law can never be considered a special law for this purpose. 
 
 The periods mentioned in this law shall be computed from the time 
 it is put into operation. 
 
84 
 
 ADDITIONAL ARTICLES. 
 
 1. The Articles referring to the Eoyal Fees, which do not exist at 
 present in the Philippines, as well as those referring to taxes not yet 
 extended to said Archipelago, shall not be applied to them until oppor- 
 tunity offers. 
 
 By "Municipal District" (termino municipal) shall be understood in 
 the Philippines, the one formed by the towns where there is a Captain 
 or Petty Governor (Gobernadorcillo); by "Municipal Judge," the 
 Justice of the Peace or Captain or Petty Governor (Gobernadorcillo), 
 in cases where they exercise the functions of the latter; by " Municipal 
 Public Prosecutor," where none exists, the Agricultural Supervisor 
 (Teniente de Sementeras). 
 
 2. In Cuba and Puerto Rico, where there is no Municipal Public 
 Prosecutor, this official shall be replaced by the Syndic of the respective 
 Municipal Council. 
 
 3. The two foregoing provisions shall also be considered extended 
 to all provisions of a general character, which may hereafter be enacted 
 for the Colonies, and in which only the technical phrases used in this 
 law shall be employed. 
 
 4. The subsidy which had been allowed Registers of Property in the 
 Philippines by Article 313 of the Mortgage Law, which was applied to 
 the Philippines by Royal Decree of May 10, 1889, and which is abro- 
 gated by the present one, shall continue to be enjoyed by said officials, 
 in the same manner and during the time they are in charge of the 
 actual Registries; all those who are not embraced in the above-men- 
 tioned case the day this law is put into operation, shall also enjoy the 
 subsidy, but subject to any change or suppression which the Govern- 
 ment may decree with respect to said right, in accordance with public 
 policy and interests. 
 
 5. The fees which notaries may charge for any purpose whatsoever, 
 in certifying to alienations, liens, or partitions, shall be the following: 
 
 For the alienation or encumbrance of any estate, the value of which 
 does not exceed 25 pesos, 25 cents ; from 25 to 75 pesos, 40 cents ; from 
 75 to 150 pesos, 50 cents; from 150 to 250 pesos, 02 cents. 
 
 For the procedure of records relating to the partition of inheritances, 
 when the amount involved does not exceed 1,000 pesos, 5 pesos; from 
 1,000 to 1,500, 7.50 pesos; from 1,500 to 2,500, 10 pesos. 
 
 The stamped paper to be employed in the records of proceedings 
 relating to partitions, as well as in the copies thereof, shall be that 
 bearing the seal of the last class. 
 
 6. The fees for recording sales or liens, referred to in Article 3 of this 
 law, in its second and following paragraphs, to be charged by Registers, 
 shall be the following: 
 
 For recording any estate or lien, the value of which does not exceed 
 25 pesos, 25 cents ; from 25 to 75 pesos, 40 cents ; from 75 to 150 pesos, 
 50 cents; from 150 to 250 pesos, 02 cents. 
 
85 
 
 The fees to be charged by Registers for recording partitions, referred 
 to in the saine paragraphs of the Article mentioned, shall be the same as 
 those for short records specified in Article 7 of the Schedule annexed 
 to this law. 
 
 For recording notices referred to in Article 390, they shall charge 
 fees in accordance with the rates established in the first paragraph of 
 this Article. 
 
 7. Alienations referred to in the second and following paragraphs of 
 Article 3, shall pay as tax for transfer of ownership: 
 
 For estates the value of which does not exceed 75 pesos, 50 cents 
 per 100. 
 
 From 75 to 250 pesos, 1 per 100. 
 
 Liens created in accordance with the same Article, shall pay for 
 estates the value of which does not exceed 75 pesos, 12 cents per 100. 
 
 From 75 to 250 pesos, 25 cents per 100. 
 
 The tax for transferring ownership of partitions or inheritances, 
 which do not exceed 2,500 pesos, is reduced to 50 per cent of the fees 
 fixed by this law. 
 
 8. In order that the statistical service referred to in Article 310 of 
 this law, and of the others of the Civil Registry and Notarial Instru- 
 ments placed in charge of the Registry and Notarial Division, maybe 
 made annually without difficulty, and for the purpose of defraying the 
 expenses of printing and other necessary expenditures, the annual sum 
 of 1,500 pesos shall be allowed in the estimates made for the Colonies. 
 Said expenses shall be authorized by the Chief of the Registry and 
 Notarial Division, who shall open a special item for them, of which he 
 shall give an account, with the vouchers, to the Colonial Secretary. 
 
 9. The Presidents of the Territorial Audiencias of the Colonies, in 
 accordance with the data which they may demand from the Judges, 
 Delegates, and Registers of Property, and of the administrative mort- 
 gage matters they have taken part in, shall forward to the Colonial 
 Department at the end of each year, a report stating the deficiencies 
 and doubts they have encountered in the application of this law. They 
 shall stale therein, in detail, all questions and points of law discussed 
 and the articles or omissions of the law which gave rise to the ques- 
 tions. The Colonial Secretary shall forward these reports with the 
 report made thereon by the Registry and Notarial Division, as well as 
 the statistics of the Registries of property, to the Committee on Codes 
 for the Colonies. In view of this data, of the progress made in other 
 countries, which may be utilized in our own, and of the administrative 
 and judicial opinions in mortgage matters, the Committee on Codes 
 shall formulate and transmit to the Government every ten years, the 
 reforms which (in its opinion) should be introduced. 
 
86 
 
 SCHEDULE OF THE FEES TO BE CHARGED BY REGISTERS OF 
 PROPERTY. 
 
 EXAMINATIONS OF DEEDS, ENTRIES OF PRESENTATION, AND COR- 
 RESPONDING ENTRIES. 
 
 Number 1. 
 
 Pesos. 
 For the examination, entry of presentation, marginal note and note at the foot 
 of any instrument referring to five estates or less, the record, entry, or marginal 
 note of which is requested, with the exception of cancellations; by instru- 
 ment being understood the document or documents necessary for an entry 
 of presentation 0. 75 
 
 Number 2. 
 If it refers to more than five estates the following scale shall be observed: 
 
 From 6 to 10 ; 1.00 
 
 From 11 to 20 1.50 
 
 From 21 to 30 2.00 
 
 From 31 to 50 2.50 
 
 Should it exceed this number, for the first 50, the charges shall be as specified, 
 and for the balance, 5 centavos for each one valued at 300 pesos or more and 
 2 centavos for each one of a lesser value. 
 
 Number 3. 
 
 When the instrument to be examined by the Register exceeds 50 folios, he shall 
 charge for each extra folio 02 
 
 Number 4. 
 
 If the value of the estates or rights to which the instrument refers does not reach 
 300 pesos, he shall charge without regard to the number of folios it may con- 
 tain, or the number of estates or rights to which it refers 25 
 
 CANCELLATIONS. 
 Number 5. 
 
 For all work, without regard to its form, which should be made at the instance of an 
 interested party, for the cancellation or clearing of mortgages, annuities (censos), 
 or property rights, including the entry of presentation and marginal notes, the 
 following fees shall be charged for each estate : 
 
 If the estate or right is valued at less than 300 pesos $2.00 
 
 From 300 to 1,000 2.50 
 
 From 1,000 upward 3.75 
 
 Should the cancellation be refused or suspended, the preceding numbers of the 
 Schedule shall be applied. 
 
 SPECIAL NOTES, RECORDS, AND ENTRIES. 
 Number 6. 
 
 "When, in consequence of the presentation no record or entry should be made but 
 marginal notes in the old or new Registry can be made, the charge for each one shall 
 be 50 centavos. 
 
 For each one of the notes embraced in Article 16 of the law, the same amount shall 
 be charged. 
 
87 
 
 Number 7. 
 
 For each record or entry and corresponding marginal notes, not embraced in the 
 preceding numbers, the fixed amounts established by the following rate shall be 
 charged: 
 
 Records or 
 entries 
 in lull. 
 
 Records or 
 
 entries 
 in abstract. 
 
 For each estate or right which does not reach a value of 300 pesos 
 
 300 to 600 pesos, exclusive 
 
 600 to 800 , 
 
 800 to 1,000 
 
 1,000 to 1,500 
 
 1,500 to 2,000 
 
 2,000 to 2,500 
 
 2,500 to 3,000 
 
 3,000 to 4,000 
 
 4,000 to 5,000 
 
 5,000 to 8,000 
 
 8,000 to 10,000 
 
 10,000 to 12,000 
 
 12,000 to 14,000 
 
 14,000 to 16,000 , 
 
 16,000 to 18,000 
 
 18.000 to 20,000 
 
 20,000 to 25,000 pesos, inclusive 
 
 Above 25,000 
 
 Pesos. 
 3.00 
 3.50 
 4.00 
 4.50 
 5.00 
 5.50 
 6.00 
 6.50 
 7.50 
 8.75 
 10.00 
 11.25 
 12.50 
 14.00 
 15.50 
 17.00 
 18.50 
 20.00 
 25.00 
 
 2.70 
 3.15 
 3.60 
 4.05 
 4.50 
 4.95 
 5.40 
 5.85 
 6.75 
 7.85 
 9. 00 
 10.10 
 11.25 
 12.60 
 13.95 
 15.30 
 16.65 
 18.00 
 22.50 
 
 For the conversion into a record of an entry made on account of an error which 
 may be corrected, and for the suspension of entries of cautionary notices, half the 
 fees mentioned in the preceding rates shall be charged. 
 
 COPIES OF ENTRIES, CERTIFICATES, AND SEARCH FOR DATA. 
 
 Number 8. 
 
 For copy of entries in the Registry, for each estate, without regard to its value, 
 50 centavos. 
 
 Number 9. 
 
 For the first page of literal certificates $1 shall be charged, irrespective of the 
 value of the estates or rights referred to. 
 
 Number 10. 
 
 For the subsequent pages of certificates half the fees mentioned in the preceding 
 number shall be charged. 
 
 Number 11. 
 
 For each entry regarding which a certificate in abstract is issued: 
 If it refers to an estate of right, the value of which is less than 300 pesos, 75 
 cents. 
 If the value thereof is 300 pesos or more, 1 peso. 
 
 Number 12. 
 
 When the certificates are to contain a reference stating that no entry at all or no 
 entry of a specified class exists, regarding the estates or property rights, the fees 
 shall be : 
 
 For the reference to each estate or right valued at less than 300 pesos, 35 centavos. 
 
 Of 300 pesos or over, 50 centavos. 
 
88 
 
 Number 13. 
 
 For the search in the old or new Registry, in order to make the statement, when 
 the folio and book containing the record of the estate is not specified, or to issue the 
 certificates referred to in the preceding numbers, for each estate and for each year 
 to be searched, the fees designated in the following rate shall be charged, and in no 
 case shall they exceed the amount fixed therein: 
 
 For each estate, or right, the value of which is less 
 
 than 600 pesos 
 
 600 to 1,000, exclusive 
 
 1,000 to 2,000 
 
 2,000 to 3,000 
 
 3,000 to 4,000 
 
 4,000 to 5,000 
 
 5,000 to 8,000 
 
 8,000 to 10,000 
 
 10,000 to 12,000 
 
 12,000 to 14,000 
 
 14,000 to 16,000 
 
 16,000 to 18,000 
 
 18,000 to 20,000 
 
 20,000 to 25, 000, inclusive 
 
 25,000 and upward 
 
 For each year, 
 if the search 
 
 covers only a 
 period of 30 
 
 years or less 
 
 For each year 
 exceeding 30 
 years, when th 
 
 and if it covers search covers 31 
 
 more than said 
 period, for the 
 first 30 years. 
 
 Pesos. 
 0.05 
 .06 
 
 .07 
 
 years or more. 
 
 Pesos. 
 0.01 
 .02 
 .03 
 .04 
 .05 
 .06 
 .08 
 .09 
 .10 
 .12 
 .13 
 .15 
 .16 
 .18 
 .23 
 
 Highest fee 
 
 which can be 
 
 charged for 
 
 each estate, 
 
 without regard 
 
 to the number 
 
 of years 
 
 searched. 
 
 3.00 
 
 4.00 
 5.00 
 6.00 
 7.50 
 8.75 
 10.00 
 11.25 
 12.50 
 14.00 
 15.50 
 17.00 
 18.50 
 20.00 
 25.00 
 
 Number 14. 
 
 For the search, with regard to persons, for each person and year, irrespective of 
 the number of estates or rights found, in the old as well as in the new Registry, the 
 charge shall be 10 cents. 
 
 GENERAL RULES. 
 
 1. For the purpose of grading the fees, the value of an estate encum- 
 bered by a mortgage, is the price for which it was transferred, besides 
 the value represented by the mortgages if they are in force. 
 
 2. The value of annuities (censos) and other liens of a perpetual, tem- 
 porary, or redeemable character shall not be added to the price of the 
 transfer. 
 
 3. When the transfer is made with a money consideration, the value 
 of the estate shall be understood diminished to the extent of the amount 
 of any liens there may be thereon. 
 
 4. With regard to the rights of use, and use and occupancy, their 
 value shall be considered as the fourth part of the estate, and with 
 regard to the mere ownership, three-quarters thereof. 
 
89 • ; \ 
 
 5. For the charges of lees for leases, tftfe ■uro\ i.t {m l» psa$ during 
 the entire period of the duration of the contract shall be taken as a 
 basis. Should the period of duration of the contract not be determined, 
 the basis shall be the amount for twelve years. 
 
 6. The fees to be charged for the registration or entry and marginal 
 notes of servitude shall be 5 per cent of the value of the dominant estate. 
 
 7. With the object of enabling the Register to grade his fees in 
 accordance with the provisions of this Schedule, he must take into 
 account the contents of the instrument itself, not taking into consider- 
 ation the value of encumbrances which are canceled in the Registry, 
 should they be mentioned in the instrument. If the value of each 
 estate or interest does not appear in the instrument, the person pre- 
 senting it shall be required to state said value in a note on common 
 paper, which shall be filed in the office. Should he not make this state- 
 ment, the Register shall have a right to charge the highest fee of the 
 proper scale or such fee as he may deem advisable. 
 
 8. When, for the purpose of ascertaining the value of some estate or 
 property right which is transferred, it should be necessary to compute 
 some lien thereon, affecting at the same time other property, the respon- 
 sibility of each one of them not being determined, a memorandum on 
 common paper shall be made in which all the estates subject to the lien 
 shall be detailed, and the value of each one, so that the Register may 
 make the proper calculation, computing the lien, with regard to the 
 estate or interest which it is desired to enter, and the amount which, 
 according to the value of the latter, it bears pro rata with the other 
 encumbered estates. Should this statement not be presented, the 
 Register need not take into consideration the encumbrance in question. 
 
 9. Registers of property must not charge any sum by way of fees 
 without giving the person paying them a detailed receipt, who must 
 sign his agreement therewith in the proper stub, which is to be kept in 
 the office. Should he not be able to sign, a witness shall do so at his 
 request. 
 
 PROVISIONAL ARTICLES. 
 
 1. The period fixed in Articles 301, 403, and corresponding ones of 
 the mortgage law, applied to Cuba by royal decree of May 6, 1879, 
 which is repealed by the present law, extended indefinitely by royal 
 decree of May 0, 1882, is hereby declared as definitely closed after one 
 year from the enactment of this law, the persons interested to whom 
 i.hese provisions refer, being able to enjoy the advantages allowed them 
 therein within this period. 
 
 2. Registries in the Colonies, being reduced by this law to three 
 classes, those of the fourth class, which are in existence in Cuba, shall 
 hereafter be considered as of the third class, which shall be the status 
 of their present employees from this date. 
 
 19539 7 
 
90 
 
 3. Ths i^yi.stry bad Notarial Division, established by Article 2G5 of 
 this law, takes the places of the Office of Civil Registers aiid Property 
 and of Notaries which had been in existence, the present employees of 
 which shall preserve all their rights in the Division, being subject to 
 the other provisions referring to them which this law contains. 
 
 4. Notwithstanding the provisions contained in Article 1 of this law, 
 regarding the creation, suppression, or alteration of the jurisdiction of 
 Registries, matters which are pending shall be continued until their 
 decision in accordance with the mortgage law previously in force in the 
 respective Islands. 
 
 Madrid, July 14, 1893. 
 
 The Minister for the Colonies: 
 
 Antonio Mauea y Montaner. 
 
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