Mena

By the Court, on re-hearing,

Our former judgment in this case was founded chiefly upon the ground that the papers, which had been furnished to the court, were insufficient to enable us to determine for what the suit was brought, or what was the defense, or on what ground the Alcalde rendered judgment. On the present argument, the papers which were wanting on the last, have been supplied. We have now before us a complaint setting forth a good cause of action, an answer to that, the record of a trial, and the evidence given on such trial which sustains the cause of action set forth in the complaint.

Until recently we had been unable to procure accurate knowledge respecting the jurisdiction of Alcaldes in civil suits. From the light which we had, we came to the conclusion that they had not jurisdiction over causes where the amount in controversy was more than a hundred dollars. This is, in truth, the extent of their jurisdiction under the decree of 1837, and forms, at the present time, the limit of their powers in most of the Departments of the Mexican republic. But by articles 26, 27, and 28, of a decree made on the 2d day of March, 1843, Alcaldes and justices of the peace in the…

By the Court,

It appears from the papers in this case that some kind of a proceeding, either by way of oon-ciliacion or in the nature of a formal suit, was instituted by the plaintiff Mena against the “ master and owners of the ship “ Rolland,” on the 20th day of June, 1849, before the Alcalde of San Francisco. Three persons were appointed as a jury or as arbitrators to try the cause, who rendered their verdict or award in favor of the plaintiff for $1000, against the “ ship “ Rolland and owners,” upon which judgment -was rendered by the Alcalde on the 22d day of June. For what the action was brought nowhere appears, nor does it appear that there were any pleadings in the cause on either side. On the 22d day of June, a citation was issued directed to Victor Le Boy, requiring him to show cause why he should not pay “ out of “ the freight of the ship Rolland a certain debt of $1000 of “ sentence of court.” Le Boy appeared in pursuance of this citation, and on the same day “ was discharged from liability,” and the plaintiff required to pay the costs. It does not appear in whose favor or upon what ground this proceeding was commenced against Le Boy, or for what reason he was…