
    Caso v. The Registrar of Property.
    AdmiNisteative appeal from a decision of the Registrar of Property of Arecibo.
    No. 6.
    Decided April 20, 1904.
    Entries in the Old Registries of Mortgages — Third Persons. — Although the entries of property rights in the hooks of the old registries of mortgages ivhich have not been transferred to the modern books of the Registry witha. the legal period, cannot thereafter prejudice third persons, they are, nevertheless, effectual as between the contracting parties, and produce the proper legal effects as between such parties.
    Id. — Upon the expiration of the period fixed for applying for the transfer of ' entries from the old to the new books, entries not transferred shall not be mentioned in the new records made in said new books.
    Id. — Cancellation.—Entries in the old registries of mortgages, although they have not been transferred to the modern books of the Registry of Property within the period fixed so as to prejudice third persons, cannot be canceled ex officio by the registrars except in eases in which it may be proper according to the provisions of the law and regulations upon the subject, and article 453 et seq. of the Mortgage Regulations should be understood in this sense in connection with cancellations of said entries and the manner in which they should be made to appear in the books of the old and new Registry of Property.
    Id.- — -References to entries of property rights existing in the books of the old registries of mortgages, which have likewise been made ex officio, are only capable of being canceled when the transfer thereof has not been requested by the interested parties within the legal period.
    STATEMENT OE THE CASE.
    A Rearing was Rad of tRe present administrative appeal taken by Attorney Jnan E. Eamos, on beRalf of Hilario Caso, from tRe decision of tRe registrar of property of Arecibo denying tRe cancellation of a mortgage.
    A commnnication in writing Raving been presented to tRe registrar of property of Arecibo on September 22, 1894, by Dr. Juan López y Agnas, a priest, requesting, in compliance witR tRe provisions of article 397 of tRe Mortgage Law of this Island, tRe transfer to tRe modern books of tRe Eegistry of Property of a mortgage executed in favor of tRe petitioner by Eicarda Vélez de Eamos, upon property of wRicR sRe was; tRe owner, situated in tRe judicial district of Manatí, and of which the memorandum appears at folio 35, book 14, volume 1, of the old registry of mortgages, the registrar, on the 25tR of April of the following year, declared the requested transfer suspended on the ground that the ownership of the incumbered estates did not appear recorded in the books of the Eegistry. Attorney Juan Eamón Eamos again applied by petition to the same registrar on the 15th of March last, on beRalf of Hilario Caso, as the alleged third possessor of one of the estates incumbered by the mortgage, for the cancellation ex officio of the said entry, on the ground that it has not been transferred to the new books of the Eegistry within the year fixed by article 397 of the Mortgage Law, and the said registrar extended for one year more the Eoyal Order of November 28, 1894, to permit of the transfer of the incum-brances existing in the books of the old registry of mortgages to the prejudice of third persons. TRe registrar also denied said petition for the reasons set forth in the note which Re appended to the foot thereof, and which reads as follows:
    “TRe action requested to be taken in the foregoing communication is denied for tbe reason tbat there exists in tbis Registry a petition presented within tbe period granted for tbat purpose for tbe transfer of tbe old entry to tbe modem books, which transfer was suspended on tbe ground tbat tbe ownership of tbe incumbered estates is not recorded in said books, and because tbe undersigned is not authorized to take such action. Arecibo, March 16, 1904. José Marcial López, Registrar.”
    In due time Attorney Juan Ramón Ramos, on behalf of Hilario Caso, took tbe present administrative appeal to bave tbe decision of tbe registrar of Arecibo reversed and to bave canceled all tbe records, annotations or mere entries making mention of tbe charges existing upon tbe books of tbe old registry of mortgages of tbat judicial district, and which bave not been transferred to tbe books of tbe modern Registry upon tbe estate known as tbe “Bomba,” belonging to bis client, and which is recorded in bis favor in tbe modern Registry.
    
      Mr. Ramos (Juan R.), for appellant.
   Mb. Chiee Justice QuiñoNes,

after stating the foregoing facts, delivered tbe opinion of tbe court.

Neither in tbe Mortgage Law nor in tbe Regulations and •other subsequent provisions issued for tbe execution thereof •can be found any provision whatever authorizing tbe registrars of property to cancel, ex officio, tbe entries made in tbe •old registries of mortgages which bave not been transferred to tbe new books of tbe Registry, within tbe period fixed for tbat purpose to cause them to operate to tbe prejudice of third persons. On tbe contrary, what is prescribed by tbe Mortgage Law and tbe other provisions cited, is, tbat although tbe entries of property rights existing in tbe books of tbe old registries of mortgages, which were not transferred to tbe modern books within tbe legal period, could not thereafter operate to tbe prejudice of third persons, they would, nevertheless, be effectual as between tbe parties and produce between them tbe proper legal effects, as is specifically so provided by tbe last paragraph of article 448 of the Regulations for the execution of the Mortgage Law, in connection with the provisions of the last paragraph of article 397 of the same law, and as reproduced in the second statement of law contained in the Royal Order of May 8, 1894, which is limited to providing, with respect to cancellations, “that upon the expiration of the period prescribed for applying for transfers, the entries in the old books of property rights which have not been transferred shall not be mentioned in the new records made, and, upon the expiration of said period, the entries mentioned which may have likewise been made ex officio in the modem books of the said property rights set forth in the old books shall be canceled, provided that the transfer thereof has not been expressly requested by the interested parties within the legal period.” This provision was also set forth with greater dearness in the decisory portion of the Royal Order of June 18, 1895, in providing that “only the entries mentioned ex officio which may have been taken directly from the old books are capable of being canceled”; and from this it can be inferred with greater clearness that said old entries, although they have not been transferred to the modern books of the Registry, cannot be canceled ex officio by the registrars except in cases where it may be proper according to the provisions of the law and regulations upon the subject, and article 453 et seq. of the Regulations should be understood in this sense in referring to the cancellations of said old entries and to the manner in which they should be made to appear in the books of the old and the modern Registry of Property.

Having examined the legal provisions cited, the decision of the registrar of property of Arecibo is affirmed in so far as it denies the cancellation requested by the attorney for the appellant in his petition of the 15th of March last. A certified copy of the present decision, together with the return of the documents produced, is ordered to be forwarded to the said registrar for his information and such other purposes as may be proper.

Justices Hernández, Figueras, Sulzbacher and MacLeary concurred.  