Natural or acquired citizenship; thirty-six years of age; the title of lawyer; to have practiced for fifteen years, or served for eight years as judge in a department, for six years where there is the capital of a province, for four years where there is a Court of Appeal, or for two years as a member of one of these courts.
DISTRICT JUDGE OR JUDGE OF SUBDELEGATION.
Twenty years of age; reside within the district, and know how to read and write. A person who has obtained a title in one of the liberal professions may be District Judge, even if conditions one and three are lacking.
Each member of the Court of Appeal and of the Supreme Court becomes president by turns for the period of one year.
Judges of the Supreme Court receive salaries of 15,000 pesos annually, with an honorarium of 1,000 extra to the president of the court. The secretary gets 7,500 pesos a year. Ministers of Courts of Appeal, 9,000 pesos, with 500 gratuity to the president of same; secretary, 3,000. Judges of Letters, where there is a Court of Appeal, 7,500. Judges of Letters in the capital of a province, 6,000. Judges of other departments, 4,500.
QUALIFICATIONS FOR LAWYERS.
The necessary qualifications for engaging in the practice of law are: Twenty years of age; the title of “licentiate” in the faculty of laws and political sciences in the University of Chile; to have never been condemned in the courts, nor actually to have a case pending for a crime which demands corporal punishment. A five years’ course of study in one of the Liceos (colleges) is required. After an examination in one of the subjects included in the course, according to subject drawn by lottery, the student receives the degree of Bachelor in the University. After five years’ study in a University as Bachelor of Laws and Political Science, another year’s study is required before the degree of lawyer can be obtained. Only lawyers are permitted to plead in the Supreme Court and Courts of Appeal, unless the principal himself wishes to plead his own case.
Unfortunately there is a class of individuals other than lawyers who can appear for defendants in all the courts. They are known as “tinterillos,” and are the plague of the courts and a curse to the country. As a class they are without equal or comparison in any country. They are, as a rule, ignorant of the law, unscrupulous and dishonest. Their special prey is the poorer classes who have not the means to employ lawyers. Once a victim in the hands of a tinterillo, the unfortunate individual finds himself enmeshed in a maze of unscrupulous proceedings that are neither regular nor legal, and are calculated to draw him deeper into the intricacies of Chilean law. Their knowledge of practice is gained from observation, and not from the study of law or proceedings. They usually get cases mixed in an inextricable tangle, lengthen the proceedings, carrying them through wrongly, employ unlawful means in the way of false witnesses, etc. They are permitted to engage in their despicable practices in the courts under the democratic theory that in a Republic, liberty should be denied to none, though generally the evil effects of such liberty are painfully apparent. Because of this theory the evil continues, and nothing is done to eliminate the objectionable practice from the courts.
PRACTICE.
In ordinary civil actions the complaint is made in writing, with the petitions clearly specified. A demurrer to the complaint may be made by the defendant on certain legal grounds, but only once. Then comes the answer to the complaint, with possibly a counterclaim. After the answer comes the reply, with answer to counterclaim, if there be any. Then reply to the reply. Next comes the verification of pleadings. The judge decides the points to be presented. Within five days the parties to the suit present their list of witnesses, the judge orders thirty days for them to declare in, fixing within that time certain days wherein they are to be examined and cross-examined through the judge.