In Valparaiso, the principal port and commercial city in the Republic,
English is more generally used in the transaction of business than any
other language, Spanish not excepted.
COURTS AND LEGAL PROCEDURE
In the formation of the Republic of Chile, the system of law courts
and legal procedure was patterned after that prevailing in Spain,
and included all of its antique, slow and cumbersome processes. The
Spanish law was modeled after the Roman code, and the custom of the
race to cling tenaciously to precedent, seldom accepting innovation or
change in any practice once established, even to meet the exigencies
of changed conditions, manifested itself in the administration of law
in Spain. So, Chile inherited and adopted the system with all its
crudities, slow processes and impracticable features. The Roman law was
improved and amplified to meet new conditions and requirements, and
Spain made changes in her laws, but Chile continues under the old and
obsolete system copied from the mother country.
The courts, with their respective jurisdiction, are as follows:
FIRST.
Juzgado del Distrito (District Judges). This court, first in the order,
has jurisdiction in civil cases up to an amount equal to fifty pesos.
The procedure is verbal, but the result, which is delivered orally
must be put in writing, as a record. All judgments must be in writing.
No criminal cases are tried before these courts. There is no appeal
in cases where the amount involved does not exceed twenty pesos. The
judges receive no salary.
SECOND.
Jueces de Subdelegacion (Substitute Judges). The procedure in this
court is practically the same as in the first mentioned, except that
the amounts involved in cases tried therein, range from fifty to two
hundred pesos, and all can be appealed. In rural districts, these
courts have jurisdiction in petty criminal or police cases.
In certain cities, notably Valparaiso and Santiago, there are “Jueces
de Apelacion” (Judges of Courts of Appeal), to whom go appeals from
the first mentioned courts. They have jurisdiction in commercial
cases involving an amount equal to two hundred pesos, and also in
cases relating to pawn shops, governing which there is a special law,
allowing only a certain per cent. to the holder, on articles pawned.
If pawns are not redeemed within the time specified, they are sold at
auction. With the proceeds the pawnholder is paid, and the residue,
if any, is paid to the person pawning the article. If the money thus
obtained is not claimed within a reasonable time it is turned into
the general government fund. Where there are no Jueces de Apelacion,
their functions are performed by Jueces de Letras. Jueces de Apelacion
receive salary.
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