Page:Vol 6 History of Mexico by H H Bancroft.djvu/505

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LAWYERS AND JUDGES.
485

for each state, except two, which have more; appeals go from these to the other two courts. The federal district and Lower California have special federal courts. Tribunals of common jurisdiction, not counting the supreme court of the nation, are of three grades, superior tribunals in the capitals of states and territories, courts of first instance, and the courts of local judges, including alcaldes, justices of the peace, and conciliadores or inferior justices. The first vary in composition, with usually three salas, five elected judges, one fiscal, and one agent. The second correspond very nearly to prefect districts, as may be found necessary;[1] they consider appeals, and among other procedures hold verbal trials for cases involving amounts between $100 and $300. Amounts below this pertain to the local judges, elected or appointed.[2]

The legal profession is the favorite in Mexico, as shown by the number of law students;[3] but with the departed strictness of Spanish times, a host of inefficient men crept in to help the corrupt and irresponsible judges in distorting still further the defective laws, and the irregular mode of procedure, too often conducted in secret, and with interminable pro-

  1. When two or more in number, the judges divide the civil and criminal jurisdiction exclusively. In some places they are elected, in others appointed.
  2. According to the laws of the state. Even the jueces menores, or inferior justices, must have practised as lawyers for four years. Elected alcaldes have their legal advisers. Local judges take cognizance also in written procedures involving amounts below $300. Further details in Mex. Laws, MS., 4 et seg; Chavez, Cod., i.-iii.; Bárcena, Foro, Id., Manual de Practica; Pallares, Poder Judicial. For earlier tribunal regulations and procedures, see Decreto Cortés Tribunales, 1-12; Mex., Col. Dec. y Ord., 35-58, 121-30, 165; Cortés, Diario, viii. 40; Mex., Col. Ley., i. 11-14, 156-76, 234-6, 351-2, 619-20; Id., y Dec., 1841, 65-6, 97-109; Arrillaga, Recop., 1827-37, passim; Archivo Mex., ii. 739, etc.; Mex. Legis., 1851, 317-29, etc.; Mex., Col. Ley. Imp., vii., passim. Debate on criminal law of procedure, in Diar. Debates, i. 119-545, 629; Mex., Mem. Just., 1849, 1-23; 1868, 41-55; 1876-7, 3-16; 1878 81, pt xl. et seq. and docs.; Bustamante, Gabinete Mex., iii. MS., i. 58-9, 215; Buenrostro, Hist. Prim. y Sec. Cong., nos. 48-75; Mex., Dictamen. Just., 3-27; Ramirez, Col. Dec., 333, etc. Foreign comments, in Mayer, Mex. Aztec, ii. 147-50; Fossey Mex., 262-4; Domenech, Hist. Mex., iii. 250-3. Peculiar instances and complaints. Alaman, Conducta, 1-20; Contest., 1-15; Pap. Var., lxxiii. pts 10-11; Angulo, Import. Cuest., 4; Bustamante, Ensayo, 118-34. For state rules, see S. Luis Pot., Arreglo Trib., 1-29; Id., Arancel, 1-48.
  3. The academy of colonial times still lives, Hernandez y Dávalos, Col. Doc., v. 218–38, and the fraternity have a strong organization. For noted names, see Gagern, Apel., 64–75; Sosa, Biog., passim; Pap. Var., cviii., pt i. 64; S. Miguel, Mex., i. 180-7. Notarial duties. Derecho, ii. 326-44.