The Green Bag
616
Searcy suspended all other business
within twenty-four hours from the hour filed, return of service must be
in his court for three days, so that the business of the foreign visitor might be dispatched without interruption, and
had on the defendant, “under penalty of $10 fine, besides such other punish ment as it may deserve under the laws.”
as a signal instance of this, that Judge
he and both his amiable asistentes, Don Marcos Gomez and Don Joaquin L. Pérez, devoted their entire activities to “breaking all records" for dispatch in the courts of Mexico. This was made possible, however, by the fact that the defendant could interpose no valid defense to the relief asked, and by enter ing appearance and waiving the time allowed for each defensive move, very materially expedited the progress of
Exception of course is made in case where the party cannot be found or lives in a distant place, in which in stances notice by publication or sum mons sent through the local tribunal
of his residence are available with but little delay. If the party to be notified is not at his residence, a notice is left for him, notifying him to be there at an hour certain within the next twenty
even this summary action. In Mexico there are no "terms of court"; the Code of Civil Procedure
four, at which time the secretary must call again, and either serve him, if there, or if not a copy left for him with some one living in the house is sufficient,
declares that “every day of the year
the facts being set out in the return.
is dies jurz'dieus, except the holidays
If personally served, the party cited
recognized by law [very few] and Sundays, between the hours of sunrise and sunset'-’; and the judge can “lega ize" all other days and hours in case of urgency, by an order to that effect. This certainly is “going one better" in giving effect to our constitutional in junctions that the "courts shall always
or notified must sign the return, "that he hears it"; or if he cannot or will not sign, the secretary signs for him. All
be open for the administration of justice,”—followed by stated terms of court at long intervals, lengthy vaca
tions,
inordinate
between
pleadings,
delays before interminable
and con
tinuances, and practicable denial of justice by appeals to higher courts several years “behind with their docket," et id omne genus which goes to make up the discouraging tale of the "law’s
delays,’I to make a mock of the Bills of Rights which declare, with Magna Carta, that “justice shall not be sold,
denied or delaye,” and to justify the feeling which so many share with Shakspere toward “Old Father Antic, the Law.” In Mexico, a suit is filed on any day;
notifications, after the first, must be
made on the same day that they are ordered, to the parties in person, or
to their attorneys if they have them, duly authorized, and be signed as above.
Within the fixed period of three days after the citation, the defendant must appear and plead, either to the merits,
or by way of exception; and thence forward, periods of but three days each must elapse between the successive steps of pleading in making up the issues; in proper cases, this period may be extended, but never to exceed other three days. An appeal must be taken within three days from an inter locutory judgment, and within five days from a final judgment; the appel late tribunal must hear the appeal within thirty days, and render its de— cision within twenty-four hours. These expeditious provisions from the chapter of the code “of the dispatch of business,"
