TUB GOVERNMENT. ] ;/j 



the place, and the coimm i < iul judge, is empowered to decide irrevocably on matters of confisca- 

 tion for violation ot'n-vrniir an amount not exceeding $300. 



The ron.siiludo, or commercial court, comprises a prior, first and second consuls, three sub- 

 priors or consuls, an assessor, and a notary. ^They have cognizance of all disputes arising out 

 of mercantile transactions of every kind, bankruptcy, and shipwreck. They may decide 

 bally, and without appeal, all questions where the amount involved does not exceed $600. 

 Whatever the sum at stake in the suit, the sentence pronounced is invariably to be executed, 

 whether appeal be filed or not; but in case of appeal, or other admissible recourse to annul 

 sentence, the party in whose favor it has been given must furnish bond, with proper security, 

 that he will fulfil the decision of the higher court. 



There are ecclesiastical courts in each of the five dioceses. They have cognizance of all 

 church benefices, chapels, divorces, nullity and illegality of marriages, nullity of (religious) 

 profession, heresy, simony, and, in general, everything relating to spiritual affairs. The vicars 

 general, or others to whom the bishop may delegate authority, are judges in these courts, for 

 the exercise of whose functions, or execution of whose mandates, the secular authority is bound 

 to render all necessary aid. 



The mixed commission owes its establishment to the seventh article of a treaty relative to 

 the slave trade, made in 1839 with England. Each of the high contracting parties names a 

 judge and an arbiter, and a secretary or actuary is added by the government of the country 

 where the court is in session. As might be inferred, this is an eventual tribunal, whose juris- 

 diction refers wholly to contingent causes. 



The family council : When the parents of a male of eighteen, or of a female sixteen years 

 of age refuse assent to marriage, the aggrieved may appeal to the Intendente, or Governor, 

 who is required to summon five of the nearest relatives of the applicant, and preside at their 

 deliberations, though without the right of discussion. The relatives examine into the camses 

 of resistance or dissent to the marriage by the parent, and may confirm or annul it ; but this 

 appeal made, the judgment rendered cannot be departed from. 



Judges are appointed during good behavior, except those who decide matters relating to 

 trade, or the ordinary magistrates, who have specified terms of service ; but even the latter can- 

 not be removed during the periods for which they were appointed, unless legally convicted of 

 crime or malversation. They are held personally accountable for bribery, neglectful observance 

 of the laws governing the cause under trial, prevarication, or distorted administration of jus- 

 tice. Neither Congress nor the President may exercise judicial functions, advocate pending 

 causes, or revive decided suits in any case. Nevertheless, as president of the Council of State, 

 the Chief Magistrate of the nation necessarily intervenes in- the administration of justice, con- 

 ceding pardons and mitigations of sentence to criminals not convicted of offences against the 

 State, appointing the judges of many of the tribunals, and watching over the ministerial con- 

 duct of these guardians of the law. . 



Slavery is prohibited, and all who tread the territory are free. Even traffic in slaves is for- 

 bidden the Chileno ; nor is a stranger engaged in it permitted to reside in Chile. The domicil 

 and epistolatory correspondence are inviolable, unlesi, in execution of law by competent author- 

 ity, it become necessary to make examination. Personal service or contribution to the State or 

 local authorities can only be exacted under specific laws it being prohibited to every officer of 

 the State to demand or receive them under any pretext whatever. No armed body may deli- 

 berate, demand aid, or make requisitions, except by the sanction of and through the civil 

 authorities ; and every concession obtained of the President, the Senate, or Chamber of Deputies 

 by an armed force or mob, is illegal, and of no effect. No magistrate, person, or body of men, 

 may, under any pretext, assume other powers than are conferred by law ; and he who arrogates 

 to represent the people is guilty of sedition. These are some of the rights and privileges gua- 

 rantied ; but when any portion of the republic is declared under martial law, either by the Presi- 

 dent with sanction of the Council of State, or by Congress, the constitution is suspended in the 



