Page:The Green Bag (1889–1914), Volume 22.pdf/647

 A Lawsuit in Mexico

615

dents result from this practice, ﬁrst

table at which his Honor sits, piled

of which is the practical discouragement

around with papers and books; at the opposite end a table used by one of the asistentes of the judge; to the right,

of prolix and frivolous pleadings, which cannot be too much commended.

Another result is that pleadings and orders are all written on both sides of the sheet of paper, without paragraph

ing or blank spaces (which latter are prohibited by law); and all orders and decrees are begun on any unused portion

of a sheet on which the preceding pleading or order is written. Another novel feature is the record itself; it is

formed from day to day by adding the accumulating sheets to the preceding ones with needle and thread, all the sheets having a wide left-hand margin, by which they are sewed together in the form of a book, and thus accumulated

midway between the doors,

another

table occupied by the other asistente, these two functionaries supplying the place of the secretary or clerk of the court in the absence or want of that

official.

On another desk across the

room sits a typewriter machine, operated

quite well by one of the asisténtes, for the purpose of writing all notices, orders, decrees and other process of the court. For it must be mentioned that no “blank forms" of process, mesne

or ﬁnal, are used in the Mexican courts; every document from ﬁrst citation to

ﬁnal execution is textually written by

and preserved, instead of as a bundle

hand or machine, signed by judge and

of separate folded documents as with

clerk, or both

us. It is a very convenient and durable

parties concerned or their attorneys. His Honor the Second Judge of First Instance is the Senor Lie. Ricardo

form of record, easily examined, and

is thus preserved smooth and clean for all future reference. A few cordial words I must now

tribute to my good friend the Second Judge of First Instance of Hermosillo,

and the pleasant personnel of his court in its local setting, which will serve to give a typical and intimate view of the civil courts of Mexico. The court is situated on the ground floor of the Palace of the State Government, its wide doors opening from the arched

corridor around the large open patio or inside yard of the Palace, its iron

barred windows giving upon the lateral

as-istentes, and

by the

Searcy, an excellent and upright judge and a very simpdtica personality. The name is seen to be not Mexican, and the Judge Searcy is himself half a gringo, for his father was an American who lived in St. Louis in the ﬁfties, went to Mexico and married a Mexican lady and Don Ricardo was born a Mexican citizen, and has spent his life

in that country, having but made brief visits as far as Tucson, just across the border in Arizona. His father-language he has never acquired, and speaks only his mother-tongue, “the sweet

and phonetic idiom of Spain."

Judge

street outside. The low building across the side street from the Palace is the office of the local notary, the brilliant

Searcy is thoroughly 3. Mexican, too, in the possession of all the innate

and distinguished lawyer, Lic. Alberto Flores.

courtesy and politeness for which his people are distinguished; and I shall

The court room is rather long and quite plainly furnished, presenting some

always be pleasantly mindful of his exceeding courtesy and good nature as shown to myself during my appear ances before him in court. I must relate,

what the aspect of a rural Justice of the Peace shop. At one end is a plain