SALVADOR AND NICARAGUA.
The laws of Salvador were codified in 1875.[XXXI-13] The judiciary is vested in a supreme court, tribunals, juries,[XXXI-14] and inferior judges established by the constitution and the laws.[XXXI-15] The president in his message of 1878 to congress stated that the administration of justice was not yet as expeditious as it should be, owing chiefly to confusion in the laws, to obviate which he had appointed commissioners to study them, and introduce harmony in the legislation.[XXXI-16] During the year 1878 the chamber of third resort issued 188 decisions, comprising final sentences and decrees in civil and criminal causes.[XXXI-17]
The administration of justice in Nicaragua is vested in a supreme court and a variety of lower courts.[XXXI-18] The supreme court is divided into two sections, one residing at Leon, and the other at Granada.[XXXI-19] The alcalde of each town has cognizance of civil cases not exceeding $100 in value, and of simple infractions of police ordinances. Cases of greater importance must go before the judge of first resort.[XXXI-20]
The laws have never been collected and revised to form one body of legislation. The only ones published, to my knowledge, are the code of commerce, on March 12, 1869; the civil code, on March 31, 1871; that of civil procedure, in May 1871; and lastly, the laws on hacienda, in 1872.[XXXI-21] The executive in his message of 1871 complained that the legislation was defective, and that it was almost impossible to terminate suits at law.[XXXI-22] In criminal causes the constitution enjoined the greatest precautions and restrictions for inflicting the death penalty, which was by shooting the prisoner. But that penalty was finally abolished on the 31st of March, 1873.[XXXI-23] Trial by jury for grave offences was established on the 31st of March, 1871. Punishments for other offences are, under the penal code of 1839,[XXXI-24] detention for a long or short term, with or without pecuniary fines, in chains or without them, and with hard labor, or none. Women sentenced for serious crime are made to work in the hospitals. Incorrigible criminals of the male sex may be sentenced to receive a number of blows on the bare back, even as many as 500, as elsewhere.[XXXI-25]
The number of criminal prosecutions initiated from December 1, 1880, to Nov. 30, 1882, throughout the republic, were 1,976 of men and 161 of women, a total of 2,137.[XXXI-26]
COSTA RICA JUDICIARY.
Costa Rica, as soon as she became a member of the Central American confederation, organized a judiciary of her own, consisting of a superior court, several tribunals of first resort in the provinces, and the alcaldes of towns, who were justices of the peace, with jurisdiction over petty affairs both civil and criminal. The supreme court has since undergone many changes, which would occupy too much space to detail. Its members have been sometimes appointed by the executive, and at others chosen by the people or the legislative body.[XXXI-27] At present, they are elective, the court being formed with the following personnel: president of the full court, presidents of the first and second sections, six justices, secretary, and the requisite clerks, etc.[XXXI-28] The administration of justice in the first instance is vested in courts sitting in each province, and having civil and criminal jurisdiction, except in the province of San José, which has a civil and a criminal court, distinct from one another.[XXXI-29]
Costa Rica adopted in or about 1841 a civil and penal code, and likewise a code of procedure, with which she rid herself of the old cumbersome and expensive legislation.[XXXI-30] But nothing was done toward improving this work. Indeed, the administration of justice in Costa Rica is not what it should be, not for lack of honesty, ability, or laboriousness on the part of the courts, but because of the antiquated and inadequate civil legislation and mode of procedure.[XXXI-31]
The government, after obtaining the authorization of the national congress, appointed a commission to form new codes.[XXXI-32] No difficulties were apprehended in regard to the civil code; but the penal code, involving the manner of dealing with criminals, has required a more careful study, with the view of abandoning the old vindictive system.[XXXI-33]
Under the new penal code there were to be three separate presidios for different grades of criminals; but owing to scarcity of funds only two were established, one on Coco Island, and the other on San Lúcas.[XXXI-34] But later, under an executive order of November 6, 1882, the prisoners on Coco were removed to San Lúcas, and thus were the three presidios which should have been separate merged into one.