[XXXI-3] The king ratified it June 4, 1820. The Indians were benefited thereby, for even priests were strictly forbidden to flog them. Id., 301-2.
[XXXI-4] Those desirous of studying the judiciary of Guat. as it existed down to 1872 may find information in Guat., Recop. Ley., i. 241-2, 603-4; ii. 21-45, 51-69; iii. 215-29, 365-6; Rocha, Cód. Nic., ii. 242-3; Montúfar, Reseña Hist., ii. 336-41; Guat., Boletin Ofic., 132-7.
[XXXI-5] The first complete reorganization was by the law of May 22, 1872. The creation of the superior court at Quezaltenango was by law of July 29, 1872. Guat., Recop. Ley. Gob. Democ., i. 88-9, 114-15. On the 15th of Oct., 1876, a supreme court, composed of a president and four magistrados, was established, because the organization of the superior courts hindered the prompt administration of justice. Salv., Gaceta Ofic., Oct. 13, 14, 1876. Subsequently, there was an increase in the number of justices, the court was divided into five sections or chambers, of which the fifth was suppressed March 29, 1882.
[XXXI-6] Trial by jury had been decreed, on the promulgation of the Livingston code in Jan. 1837, under the law of Aug. 27, 1836. It was suspended by decree of March 13, 1838, on the ground of its impracticability in a country so unprepared for it as Guat. then was. Montúfar, Reseña Hist., ii. 289-343; iii. 63-84; Salv., Diario Ofic., Feb. 14, 1875; Pineda de Mont, Nota, in Guat., Recop. Ley., i. 464; Dunlop's Cent. Am., 192; Squier's Trav. Cent. Am., ii. 419, 426.
[XXXI-7] In consequence 350 reformatory articles were adopted in connection with the civil code, and the reforms to the code of procedure in civil cases were almost as extensive; a few were also made to the commercial; and a considerable number to the penal code, and to that of procedure in criminal causes. Guat., Mem. Sec. Gobern., etc., 1880-3.
[XXXI-8] Guat., Mem. Sec. Fomento, 1880, 38-9, 65-6, 1885, 53, and annex 13.
[XXXI-9] During 1881 the supreme court, issued 1,995 sentences in criminal cases, only two of them were capital, one of which was commuted; in 1882, 1,467; 1883, 1,726; 1884, 2,489 offences were classified as crimes, and 10,130 as mere misdemeanors; of the former 1,321, and of the latter 1,460, were acquitted; 1,168 of the former and 8,670 of the latter were sentenced, none to death, and only two to extraordinary imprisonment.
[XXXI-10] It was notorious that escaped criminals freely moved, menacing the lives of those who had had any agency in their arrest. The facility for evading the action of the law was such that criminals did not fear it. Hond., Mem. Ministro Gen., 1852, 9-10.
[XXXI-11] A robber and murderer named Umansor, who effected his escape from the fort at Omoa, survived under 400 blows on two occasions; but 200 blows on the bare back generally ended the sufferings of the culprit when applied with that design. Wells' Hond., 229-30.
[XXXI-12] Presid. Soto, Mensaje, May 27, 1877.