PROCEDURE IN OTHER COUNTRIES.

We have not had access to the laws of all nations, and are unable to give, at this time, a complete statement relative to the procedure in foreign countries; but from various sources of information at

present available, we have prepared the following partial synopsis. Before submitting a proposed revision, we shall endeavor to complete our examination of this subject.

Belgium has a code of civil procedure.

British Columbia: The "Local Administration of Justice Act," 1881, contains provisions as to the organization, powers and jurisdiction of courts. Rules regulating practice and procedure are promulgated by the judges, or a majority of them, with the approval of the lieutenant-governor in council. By similar acts, courts of judicature are established in the provinces of Manitoba, Nova Scotia, New Brunswick, Prince Edward's Island and Newfoundland.

Canada: Supreme and Exchequer Courts were established for the Dominion of Canada by "the Supreme and Exchequer Court Act of 1875." The Supreme Court has an appellate jurisdiction throughout the Dominion of Canada, and such special original jurisdiction relating to controversies between any province and the Dominion of Canada, between any two or more provinces, and of suits in which the question of the validity of an act of the parliament of Canada or of any of the provincial legislatures is at issue, as may be conferred by the legislatures of the provinces. The Court of Exchequer has concurrent original jurisdiction in cases to enforce any law of the Dominion of Canada relating to revenues, fines, penalties, etc., and exclusive original jurisdiction in all cases in which the demand is for relief sought in respect to any matter which might be the subject of a suit against the Crown, or any officer of the Crown, in the Court of Exchequer, on its reveuue side, in England. The Court of Exchequer and Supreme Court are composed of the same judges. Procedure in the Exchequer Court is regulated by the practice and procedure of Her Majesty's Court of Exchequer at Westminster, on its revenue side. Judges of the Supreme Court make rules regulating procedure in that court. There are 269 of these rules.

Cape of Good Hope: The Roman-Dutch Laws (Laws of Holland) prevail. Book III contains procedure in civil and criminal cases. Practice is also regulated by rules of court.

Denmark: Christian the Fifth's "Danish Code" was promulgated in 1683. It is a classification and

statutes. The contents are divided into six books relating to (1) procedure, (2) ecclesiastical law, (3 and 5) civil law, (4) maritine law, (6) penal law.

This code has been employed as a basis for further additions, and though certain portions have since been dropped out by the enactment of more recent statutes, it still forms the groundwork of Danish law, especially in civil cases. In the eighteenth century efforts were made to revise it, but after a generation of fruitless labor the attempt was given up.

The Ground-law (Constitution) of 1849, as revised in 1866, provides that the exercise of judicial powers can only be regulated by law; that the administration of justice be separated from police functions, according to rules enacted by law, and that publicity and oral process be carried out as far as possible. In criminal and political cases trial must be by jury. By virtue of this constitution, great reforms in the administration of justice were introduced. The maritime and commercial court in Copenhagen was established, and a new code of criminal procedure adopted in 1866. But not all the regulations contained in the Ground-law relating to the administration of justice have yet been carried out.

Egypt has a commercial code which relates to the law of business relations, a statute of judicial organizations, and a code of civil and commercial procedure, 816 sections, which relates to practice and procedure in courts exercising jurisdiction over civil and commercial affairs.

England: "The Supreme Court of Judicature Act," 1873, amended by the acts of 1875, 1876, 1877, 1879, 1881, 1883, relates to the constitution and judges of the Supreme Court, its jurisdiction, sittings and distribution of business, trial and procedure, its officers and their powers and duties, the jurisdiction of inferior courts, and miscellaneous provisions.

Part 4, relating to trial and procedure, comprising 21 sections, relates to reference, the directing of trial of issues before referees, and the power of referees, and also the establishment of district registers for the Supreme Court, the conducting of business by registrars, and their powers and duties.

Section 75 imposes upon the justices of the Supreme Court the duty of inquiring and examining into any defects which may appear to exist in the system of procedure, or the administration of law in such court, and they shall report such amendments and alterations to her majesty's principal secretaries of state, as in their judgment are expedient to be made.

By the Supreme Court of Judicature Act (1875, § 17), as amended by the act of 1891, § 19, her majesty

may, by order in council, made upon the recommendation of the Lord Chancellor, and the Lord Chief Justice of England, the Master of Rolls and the President of the Probate Division and four other judges of the Supreme Court to be nominated in writing by the Lord Chancellor, make rules for regulating the sittings of the court, the pleading, practice and procedure therein, and generally for regulating any matters relating to the practice and procedure of the several courts, the duties of officers thereof, and the cost of proceedings therein. By section 100 of the act of 1873, the rules of court shall include forms. There are sections in the other judicature acts, giving special power to certain judges to make rules in special cases. general rules of the Supreme Court are divided into seventy-two orders, which orders are subdivided into rules. To these rules, as a part thereof, are appended certain forms.

The

France: The judicial system embraces justices of the peace, civil tribunals of first instance, Courts of Appeal and the Court of Cassation. Justices of the peace are appointed in each canton, and have jurisdiction in cases involving not more than 200f. The decision is final in cases involving less than 100f. Civil tribunals of first instance exist in every district

constituting a "sous prefecture," and have general jurisdiction in all civil cases not cognizable by justices of the peace. No appeal is allowed when the amount involved is less than 1,000f.

Courts of appeal revise decisions of civil or commercial tribunals appertaining to their jurisdiction. There are 25 Courts of Appeal. The authority of the Court of Cassation extends over all the tribunals of France, civil, commercial, administrative and criminal. The code of procedure regulates the practice

in all these courts.

The German Empire has a code of judicial organization and code of civil procedure, which were first published as a complete draft in 1876, and were ultimately adopted and received imperial assent. They took effect October 1, 1879. The code of civil procedure is limited to matters which are dealt with by the ordinary courts in the exercise of their usual jurisdiction.

Greece: The code of laws in use is substantially

the "Code Napoleon," and the administration of justice is nearly identical with the French system. There is a Supreme Court at Athens, a Court of Appeal in each "monarchy," and courts of first instance in the chief towns.

Hayti: The law is based upon the French codes, and the administration of justice is similar to the French system.

ances, procedure in escheat, and appeals from inferior courts. Part VI. relates to civil procedure, including practice and modes of procedure in the Supreme and District Courts, the probate of wills, letters of administration, and powers and duties of the official administrator. Part VII. relates to oaths and evidence, including oaths of allegiance by colonial officers, oaths of jurors, witnesses, and interpreters; the subpœnaing, examination, competency and privileges of witnesses, and the manner of proving handwriting, addresses to jury, medical experts,

confessions, etc.

India: The Indian code of civil procedure was adopted in 1859. In 1860, the penal code was adopted, and in 1861 the Code of Criminal Procedure. The Code of Civil Procedure extends to all the provinces and states under the British government in India, and regulates the practice of all courts therein. This code was amended by act number 10 of 1877. The several provinces have enacted civil codes, containing acts upon various subjects, including the organization of the courts, and their jurisdiction the courts the power to promulgate certain rules of and powers. These judicature acts generally give procedure, not in conflict with the form of procedure prescribed by the Indian Code of Civil ProcedAmong the Indian provinces and States which

ure.

have adopted codes are Bengal, Burmah, Pegu, Madras, Punjab, the North Western provinces, the Central provinces, and Coorg.

Ireland: The "Supreme Court of Judicature (Ireland) act of 1877 " and amendments of 1878, 1882. 1887, 1888, contain provisions relating to the constitution and judges of the court of judicature, its jurisdiction, powers, and sittings, the distribution of business, trials and procedure therein, subject to the rules of court, and officers and their duties. To this act is added a schedule of rules, relating to the form of action and summons, interpleading, processes, parties, pleading, new trial, motions, and appeals.

Additional rules are also made by the Lord Lieutenant, by order in council, upon recommendation of the Lord Chancellor, Lord Justice of Appeal, the Chief Justice of the Common Pleas, and the Chief Baron, or any three of them, and by the other

judges of the several courts, or a majority of them. These rules regulate sittings of courts, pleading, practice and procedure, fees and costs, and practice

in chambers.

Italy: The codes of law in use are the civil code, the code of civil procedure of 1866, the code of commerce of 1882, and the penal code and code of criminal procedure of 1889.

court of cassation, which hears appeals on questions of law, both civil and criminal, whether errors in matters of jurisdiction, misinterpretation and misapplication of law or violation of the rules of procedure; seven courts of appeal, having appellate jurisdiction over cases decided in the courts of first instance, and which sit as courts of criminal jurisdiction for the trial of major offenses; ninety-nine courts of first instance, one in each Fu or Ken, having unlimited original civil jurisdiction, and one hundred and ninety-four peace tribunals, with jurisdiction over minor claims and offenses.

A criminal code and a code of criminal procedure based upon the Napoleon Codes, but modified by the old native criminal law, were published in 1880, coming into force in 1882. The code of civil pro

cedure and the commercial codes received the sanction of the Emperor in 1890, and became law January 1, 1891. The civil code became a law January 1, 1893.

Lagos (British Colony): A Supreme Court ordinance was adopted in 1876. It relates to the constitution and jurisdiction of the court, its sittings and the distribution of its business, the transfer of causes to other courts, commissioners to relieve the court, appeals, officers of the court, barristers, solicitors and proctors, and the subpoenaing and examination of witnesses. Under sections 69-98 the Supreme Court may in civil cases "provide reconciliation and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference among persons over whom the court has jurisdiction."

To this ordinance is appended schedules containing rules of court which regulate the practice, and which are subject to change from time to time, by the chief justice of the court, with the concurrence of the puisne judges.

Mexico: The code of civil procedure, adopted in 1873, regulates practice in the courts. It contains 2,362 sections.

Monaco has adopted the French codes.

Morocco: Government by the Sultan is unrestricted by any laws, civil, or religious. The Sultan has six ministers, whom he may consult if he wish.

Netherlands has a civil code, a code of commerce, a code of civil procedure, a penal code, and a code of penal procedure, which were adopted in 1886. The code of civil procedure has 899 sections, and contains no substantive law. These codes superseded the laws of Holland, which were a codification, containing civil and penal provisions. Book III. of such laws prescribed a mode of procedure in civil and criminal cases.

New South Wales: The Supreme Court was organized by the "Charter of Justice," granted by George IV. in 1823. A great number of acts have

been passed since that time, which provide for the constitution of the court, its powers and jurisdiction. These had not been consolidated in 1879.

New Zealand: The Supreme Court Act of 1882 contains provisions relative to the constitution of the court, its jurisdiction, practice and procedure, solicitors, officers, and miscellaneous provisions. To this act are attached as a part thereof, a schedule of 531 rules, regulating the practice and procedure of the court, in all causes and matters within its jurisdiction. The Court of Appeal Act of 1882, relates to the constitution of the court of appeal, and its civil and criminal jurisdiction, to which is appended a schedule of rules regulating practice on appeals.

Ontario: The supreme court of judicature act relates to the constitution and jurisdiction of courts, rules of law, sittings and distribution of business, appeals, trial and procedure, officers and offices. Rules are adopted by the supreme court, with the concurrence of a majority of the judges, regulating the sittings of the court, and the pleading, practice and procedure therein. The consolidated rules of practice of the supreme court (1890) number 1,264, with a schedule of forms attached.

Orange Free State: The Roman Dutch Law prevails (Laws of Holland), in which is prescribed the mode of procedure in civil and criminal cases.

Persia: All laws are based on the precepts of the Koran, and though the power of the Shah is absolute, it is only in so far as it is not opposed to the accepted doctrines of the Mohammedan religion, as laid down in the sacred book of the prophet, his oral commentaries and sayings, and the interpretation of the same by his successor and the high priesthood. Justice is administered by the Governors of the provinces (22 in number), and their representatives, and by the Sheikhs-il-Slam, and the priesthood. The former administer justice according to the Urf, the unwritten or common law; the latter, according to the Shai, the written or divine law.

Portugal has codes modelled after the French codes, including the code of civil procedure.

Quebec, Province of: The constitution and jurisdiction of the courts, and the trial and practice therein, are prescribed by the code of civil procedure. The judges of the courts may make rules of practice necessary for regulating proceedings therein, not provided for by the code of civil procedure. The code contains 1,361 sections.

Queensland: The Supreme Court Act of 1867 provides for the constitution and jurisdiction of the court. By section 52, rules regulating the forms of process and mode of pleading are made by justices of the supreme court, or a majority of them. The Common Law Pleading Act of 1867 regulates the

forms of pleading, and contains 63 sections. The Common Law Practice Act of 1867 regulates the trial of causes and contains 95 sections. The Common Law Process Act of 1867, 77 sections, regulates the forms of process and the service thereof. The Costs Act of 1867 regulates the recovery of costs and their taxation. The Equity Act of 1867 contains 157 sections, and regulates equitable proceedings in the supreme court. Supplemental to this act is the Equity Procedure Act of 1873. Russia: The whole legislative, executive and judicial power is united in the Emperor, whose will alone is law. A new system of jurisprudence was promulgated in 1864, containing separate codes, relating to the organization of courts and civil procedure therein. The main features of this system are the complete separation of the courts from all other parts of government; trial by jury in open court in all criminal cases; the establishment of inferior tribunals for the trial of petty causes, and great simplification of the procedure.

Servia has a civil code, a civil code of procedure, a criminal code with procedure, a code of commerce, press law, tax law, law of bankruptcy, and a special law for advocates and lawyers.

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Spain Justice is administered by the Supreme Tribunal, by courts for civil causes, and courts for criminal causes; and every important town has one or more judges with civil and criminal jurisdiction. There is a civil code, and also a penal code. Prac

Since that time several attempts have been made at revision. A code was reported by a commission in 1844, 47, 49, and '50. It comprised a civil and penal code. The civil code contains a code of procedure.

(This information is obtained from a letter written by Professor Bergfalk, Professor of Law in the University of Upsala, to David Dudley Field in 1851, and published in 15 Law Review, 126.) Turkey The laws of the Empire are based on the precepts of the Koran. The will of the sultan is absolute. (See Persia.) The Ottoman civil code contains sixteen books. Books 9 to 16 relate to the bringing of actions, trials and the enforcement of judgments.

Victoria The Supreme Court Act of 1890 is divided into seven parts; namely, introductory, constitution, jurisdiction, powers and duties of court and judges, sittings and distribution of business; rules of law in civil procedure; civil procedure; appeal to privy council; officers of the court.

The part on civil procedure is in 14 divisions, relating to foreign procedure; foreign attachment; arrest and bail; arbitration; references; proceedings before chief clerk; opinions of experts; judg ments and execution; changing stocks and shares; specific delivery; action for recovery of land; replevin; bills of costs; miscellaneous.

Sweden Nothing like the English common law as opposed to statute law is known in Sweden. All law is statute law. The judiciary is intimately connected with the legislature. Laws were made by the judiciary and approved by the people prior to 1347. After that no code came into use without the approval of the King. Commissioners were appointed for reporting a Common country code," which was promulgated by the King in 1352. A common city code was promulgated in

(To be concluded next week.)

HOW TO MAKE LAWS-AS RECOMMENDED
BY THE LEGISLATIVE COMMISSION.

AS TO THE MANNER IN WHICH MUNICIPAL LEGIS-
LATION SHALL BE BROUGHT ABOUT -A PRO-
VISION TO PREVENT PIGEON-HOLING-TO EN-
LARGE POWERS OF REVISION COMMITTEES.
THE committee appointed by Gov. Morton to

legislation and the common law in Sweden, and from that time to the present ro such law has been able to grow in Swedish soil.

Several commissions were appointed from time to time, but accomplished nothing until, in 1686, a commission was appointed to revise the old codes. They first decided to report one code in place of the country and city codes. Five parts out of nine of the present common, civil and penal codes were framed by the commissioners between 16861710. The whole scheme was completed in 1723. The code was adopted in the legislative sessions of 1731 and 1734, and became law September 1, 1736. This code was known as the New Code.

tion on December 16, 1895, filed its report with the governor. The committee consists of LieutenantGovernor Saxton, Hon. Danforth E. Ainsworth, who has seen much experience in legislative halls; ex-Senator John J. Linson, John S. Kenyon, clerk of the State Senate, and Simon Sterne, of New York city.

The committee is acting under a law passed by the last Legislature, having for its object a reduction of the number of measures which come before the Legislature annually for its attention, and to subject those which do make their appearance to a proper scrutiny and consideration.