chap, iv.] JUDGES. 81 



prepare for the court of the juiz de direito all processes, 

 whether civil or criminal, which come under the cognizance 

 of that judge. 



4. The juiz de direito is appointed by government, one 

 over each comarca ; his salary is paid by the crown, and he 

 also receives a small fee from parties sueing in his court: 

 he decides, finally, all appeals to him from the juiz ordinario; 

 and, subject to appeal to the superior courts in Lisbon, all 

 causes involving an amount of more than twenty dollars real, 

 or thirty dollars personal property. He judges, also subject to 

 appeal to Lisbon, with a jury, all criminal cases, where the 

 penalty exceeds six months' imprisonment, banishment out of 

 the comarca, or a fine of forty dollars: where the penalty, 

 in criminal cases, is less than this, and yet exceeds his 

 summary powers, he judges appeals from the juiz ordina- 

 rio with the tribunal da policia correccional. This tribunal 

 is composed of the juiz d,e direito and four other members 

 named by the municipal corporation. To the juiz de direito 

 is attached a delegado do procurador regio, or public prose- 

 cutor. 



The jury are solely judges of the fact, and from their 

 decision there is no appeal. A verdict is arrived at by a 

 majority of two-thirds of the jury, which is composed of 

 twelve, or, in small districts, of nine persons. 



The law establishing the reforma judicial in Portugal in 

 1832 was carried into effect in Madeira in 1835 ; by it, the 

 old judicial offices of corregidor, juiz defora, juiz dos orfdos, 

 providor dos auzentes, reziduos, and capellas, have been abo- 

 lished, and their duties are now performed by the juiz de 

 direito. A British judge, conservator, was formerly named 

 by the consul and English residents, subject to the ap- 

 proval of the Portuguese government; he received a salary 



e 3 



