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.
Jueces de Letras (Judges of Letters): These courts have jurisdiction in probate cases where there is no litigation; civil cases where the amount involved exceeds two hundred pesos, common mining and fiscal cases involving any sum, and criminal cases. In the more important cities and populous districts there are special Jueces de Letras for criminal cases.
The following named persons are not subject to jurisdiction in courts presided over by Jueces de Letras: Commanders of Military and Naval Forces; General Officers, whether of the Army or Navy; Inspector General of Military and Inspector General of National Guard; Members of the Supreme Court and Courts of Appeal; Public Prosecutor, Jueces de Letras, heads of church districts and their secretaries or vices; Consuls General, Consuls and Vice-Consuls; also municipal corporations and charitable institutions.
These judges also have jurisdiction in cases appealed from Jueces de Subdelegacion, and without appeal settle cases annulled in lower courts. Where there are no Jueces de Apelacion they perform these last named functions. Where there are two or more judges of the same class in one district, they hold court by weekly turns, except in Valparaiso, where the court of appeals sends each new case to a certain judge.