
    Vilá v. Registrar of Property.
    Appeal from cautionary notice of the Registrar of Property of San Juan.
    No. 19.
    Decided January 16, 1903.
    Pbescbiption. — The provisions of Judicial Order of April 4, 1899, in so far as they relate to the period allowed for the prescription of ownership and other property rights have heen repealed by Article 1858 of the Civil Code.
    
      In. — Section 1858 of the Civil Code is to be construed subject to the provisions contained in Section 1840 of said Code, that is, prescription which began to run before the present civil code went into effect shall be g-overned by the prior laws applicable thereto.
    STATEMENT OF THE CASE.
    On August 15, 1902, Gaspar Vilá y Mayans applied to the Municipal Judge of Rio Piedras, praying that the entry of possession of a farm owned by him in said municipal district, be converted into record of ownership. The proceeding provided by law having been had, and the expiration of six years of continued and uninterrupted possession from the date of the first registration of the said property having been shown, the Municipal Judge of said town, in a decree of November 5th, declared the proceeding terminated and ordered that a certified copy of said proceedings be issued to the petitioner in order that he might obtain the conversion sought from the Registrar of Property. Said certificate having been presented at the Registry of Property, the Registrar refused to record the conversion applied for, giving as reasons for the refusal as stated in his decision entered at the foot of said certificate, that six years had not elapsed from the date of the first entry of said property, to March 1, 1902, when the new Civil Code had taken effect in the Island, and that by Article 1858 thereof, the Judicial Order of April 4, 1899, insofar as the same provides for the time within which the conversion of entries of possession into records of ownership, should be understood as having been repealed; and in compliance with an act to provide for appeals from the decisions of Registrars of Property, he made a cautionary entry on the margin of the first record of aforesaid property, to continue in force during one hundred and twenty days from the date thereof.
    Gaspar Vilá having been notified of the foregoing decision, prayed that the certificate presented be forwarded to this Supreme Court for such decision as might be deemed proper, which was done by the Registrar together with the proper communication, within the time prescribed by law.
    Mr. Palmer, for appellant.
   Chief Justice Quiñones,

after making the above statement of the case, rendered the following opinion of the court.

While it is true that in accordance with Article 1858 of the new Civil Code, cited by the Registrar in his decision, ownership and other property rights prescribe by possession for ten years as to persons present, and for twenty years with regard to those absent with good faith and with a proper title, which undoubtedly repeals the provisions of the Judicial Order of April 4, 1899, on the subject, this should be understood without prejudice to the provisions of Article 1840 of the same Code, according to which “prescription which began to run before the publication of this Code, shall be governed by the prior laws”; and inasmuch as from the date of the entry of possession of the farm in question, to the day when the certificate was presented at the Registry of Property, there has been a lapse of more than the six years of uninterrupted possession required by said Judicial Order of April 4th, to acquire by prescription the ownership of real estate, both as to present and absent persons, and to which provision a retroactive effect was expressly given, it follows that the conversion applied for by appellant Gaspar Vila y Mayans, should be made by the Registrar.

In view of the legal provisions cited above, the decision of the Registrar of Property of San Juan, which has led to the present appeal, is reversed and the conversion of the entry of possession in. the Registry of Property of the property in question into a record of ownership, is declared legal and obligatory on the part of the Registrar.

The certificate presented shall be returned, together with a copy of this decision, to the Registrar of Property for compliance therewith and other proper purposes.

Messrs. Associate Justices Hernandez, Figueras, Sulzba-cher and MacLeary, concurring.  