atter the decision was withheld until the proceeding
arising out of the objection was settled, and as this latter was one
in connection with which other proceedings could be instituted which
might delay the decision and consequently the decision of the main
issue, there was no end to the matter.
To-day all this has been stopped by the procedure in court. The
challenging of judges is not allowed, although they must refrain
from the trial of any matter when they are disqualified in any way
as regards it. Proceedings which suspend the trial of the main issue
cannot be instituted. The procedure itself is more expeditious,
the time allowances and formalities have been reduced, and all the
long Spanish civil procedure regarding the presentation of evidence
has been shortened. Suits are settled with a speediness previously
unknown. In order to avoid delay on the part of judges in rendering
decisions, an act has been passed prohibiting the payment of their
salaries without a certificate that they have no matter which has
been awaiting decision for more than three months.
Owing to the inquisitorial procedure which obtained under Spanish
rule, the disposition of criminal cases was even slower than that
of civil cases. The cause would be commenced, either _de officio_,
by the judge who had a knowledge of the crime, or by the prosecuting
attorney, or by virtue of private accusation on the part of the person
aggrieved. The case once started, the investigations made during the
period known as the _sumario_ were conducted in the absence of the
accused. The latter had no hand in the case, as it was thought that
the reserve and secrecy of the procedure ought not to be violated
to the end that the accused might not frustrate the evidence of
the prosecution by preparing his defence. Owing many times to the
inactivity of the judge or of the prosecuting attorney, to the great
amount of work which weighed down the courts--for actions were begun
when there was knowledge of the commission of the crime, although the
perpetrators were not known--and by the manipulations at other times
of the private accuser to whose interest it was to harm the accused
by delaying the _sumario_, this period was often made to extend over
years and years. Meanwhile the defendant was confined in prison,
as no bail was allowed in any case in which the penalty was that of
_presidio correccional_ (from six months and one day to six years'
imprisonment) or greater.
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