A history of the Brazil : $b comprising its geography, commerce, colonization, aboriginal inhabitants, &c. &c. &c.Henderson, James
History
A history of the Brazil : $b comprising its geography, commerce, colonization, aboriginal inhabitants, &c. &c. &c.
Henderson, James
Brazil; Brazil -- History -- To 1822
computed at two hundred thousand pounds, resulting from the tedious and
imperfect mode of judicature. A Portuguese dealer, having exhausted
the patience of the English merchant, the latter obtains a summons
from the English judge, Senhor Garces, for the former to appear before
him within three audiences, (he holds two a week,) when it is at the
option of the plaintiff, whether the defendant is put upon his oath or
not. If he is put upon his _juramente d’alma_, and then swears
he owes nothing, the cause must finally end; but if the plaintiff
will not allow him to swear, he then probably denies altogether owing
the money, or admits the account, but says he cannot at present pay,
which produces the same delay. The plaintiff then cites him for a
_libello_, and proceeds to prove the fairness of his demand, which
the defendant opposes by counter declarations. Up to this point twelve
months may be calculated as already consumed. The judge, convinced by
the clear evidence of the plaintiff, gives a _despatch_ in his
favour, which the other immediately _embargos_, when a plea for
additional time is set up, under the pretence of adducing some other
evidence; and, after a further investigation, the judge gives a similar
_despatch_ to the first, which is a second time _embargoed_,
and the cause is then removed to the Court of _Relaçam_,
consisting of six or seven judges, three of whom must always attend.
Similar delays occur in this court, when the decision of the English
judge conservator is confirmed, which, however, is not final; the
defendant can carry the case before the _Conseil de Fazendes_,
a supreme authority, consisting of many members, from whose decision
there is no appeal. The plaintiff, whose verdict gives him a power over
the property only of the defendant, and not over his person, proceeds
to take possession of his premises and effects, when, in some cases,
I have been informed, he discovers that another person holds them,
in virtue of a purchase which he pretends to have made, although the
defendant is probably acting in the business as before. The plaintiff,
in order to prove this fictitious sale, contemplates a delay of several
years in another law process; he therefore submits to any terms that
may be offered him.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account