Page:Mexico, California and Arizona - 1900.djvu/257

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MINES AND MINING AT PACHUCA AND REGLA.
237

demand as in our days, for heavy fines are enacted for non-acceptance on election, besides being compelled to serve afterward. An honest and straightforward purpose appears in the rules of procedure quite worthy of imitation elsewhere. Let us cite some examples.

"As said classes of causes and suits," says the King, "ought to be determined between the parties briefly and summarily, according to manifest truth and good faith, as in commercial transactions, without allowing delays, declarations, or writings of lawyers, it is my will that whenever any persons appear in said Royal Tribunals . . . to institute any action, they (the tribunals) shall not admit any complaint or petition in writing until after they have cited the parties before them, if it be possible, so that, hearing orally their complaints and answers, they may settle with the greatest despatch the suits or dispute between them; and not being able to succeed in this, and the matter in question exceeding the value of two hundred dollars, petitions in writing will be admitted, provided they be not drawn up, arranged, or signed by lawyers. ... In the judgments which may be pronounced no consideration shall be paid to any default in observing the minute formalities of the law, or to inaccuracies or other defects; but, in whatever stage of the proceedings the truth may be ascertained, the causes shall be decided and adjudged." The legal fraternity had secured a repute for sometimes misleading justice, it is seen, even so far back as this. There appears to have been a Consulado, or Tribunal of Commerce, upon pretty much the same plan. This ancient system has been swept away by various stages. Since the day of the republic the power once vested in the old tribunal has been lodged with the ordinary civil courts and political authorities. `