Translation of the Civil Code in Force in Cuba, Porto Rico, and the Philippines (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899. Excerpt: ... APPENDIX VII. Method of procedure of the family council (article 304, et seq.). From the character of the institution, as well as from the provisions of the civil code, the following method of procedure may be established for family councils: 1. The council shall meet by virtue of a summons issued in a decision, which heads the papers of the proceeding and which shall be issued ex officio by the municipal judge or at the request of the department of public prosecution, in cases in which the latter must participate according to the code or the law on civil procedure, and in which shall be designated the persons that are to take part. 2. The summons shall be made by the secretary or a subaltern officer of the court in the form provided for oral trials; but should any of the members reside outside the seat of the municipal district, or in another municipal district, he shall be notified directly by means of a registered letter, or through the respective petty mayor. 3. The questions arising from the constitution of the family council, the excuses or better right to form part of the same, shall follow the proceedings for urgent measures, and shall be decided by the municipal judge according to the documents accompanying the claim. 4. The decision of the municipal judge may be appealed from for review only, to the judge of first instance, who shall decide the same, without any further appeal, by the same proceedings as those established for oral trials. 5. (Should the family council not find any urgent measures to deliberate upon, its meeting shall be postponed until the appeal has been decided. 6. The family council having been constituted for the first time, for the next sessions it shall be convoked by the president, who may make use therefor of the subalte...