Jueces de Subdelegacion (Substitute Judges). The procedure in this
court is practically the same as in the first mentioned, except that
the amounts involved in cases tried therein, range from fifty to two
hundred pesos, and all can be appealed. In rural districts, these
courts have jurisdiction in petty criminal or police cases.
In certain cities, notably Valparaiso and Santiago, there are “Jueces
de Apelacion” (Judges of Courts of Appeal), to whom go appeals from
the first mentioned courts. They have jurisdiction in commercial
cases involving an amount equal to two hundred pesos, and also in
cases relating to pawn shops, governing which there is a special law,
allowing only a certain per cent. to the holder, on articles pawned.
If pawns are not redeemed within the time specified, they are sold at
auction. With the proceeds the pawnholder is paid, and the residue,
if any, is paid to the person pawning the article. If the money thus
obtained is not claimed within a reasonable time it is turned into
the general government fund. Where there are no Jueces de Apelacion,
their functions are performed by Jueces de Letras. Jueces de Apelacion
receive salary.
Jueces de Letras (Judges of Letters): These courts have jurisdiction
in probate cases where there is no litigation; civil cases where the
amount involved exceeds two hundred pesos, common mining and fiscal
cases involving any sum, and criminal cases. In the more important
cities and populous districts there are special Jueces de Letras for
criminal cases.
The following named persons are not subject to jurisdiction in courts
presided over by Jueces de Letras: Commanders of Military and Naval
Forces; General Officers, whether of the Army or Navy; Inspector
General of Military and Inspector General of National Guard; Members
of the Supreme Court and Courts of Appeal; Public Prosecutor, Jueces
de Letras, heads of church districts and their secretaries or vices;
Consuls General, Consuls and Vice-Consuls; also municipal corporations
and charitable institutions.
These judges also have jurisdiction in cases appealed from Jueces
de Subdelegacion, and without appeal settle cases annulled in lower
courts. Where there are no Jueces de Apelacion they perform these last
named functions. Where there are two or more judges of the same class
in one district, they hold court by weekly turns, except in Valparaiso,
where the court of appeals sends each new case to a certain judge.
Courts of Appeal are located at Santiago, Valparaiso, Concepcion, La
Serena and Tacna. In Santiago, the capital, these courts have twelve
judges, and in Concepcion they have eight; the others five judges each.
These courts have jurisdiction as follows: