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of the several States, should be construed in con- remodeling of the ancient Danish law codes and nection with this section.
statutes. The contents are divided into six books
relating to (1) procedure, (2) ecclesiastical law, (3 PROCEDURE IN OTHER COUNTRIES.
and 5) civil law, (4) maritine law, (6) penal law. We have not had access to the laws of all nations,
This code has been employed as a basis for furand are unable to give, at this time, a complete ther additions, and though certain portions have statement relative to the procedure in foreign coun
since been dropped out by the enactment of more tries; but from various sources of information at
recent statutes, it still forms the groundwork of present available, we have prepared the following Danish law, especially in civil cases. In the eighpartial synopsis. Before submitting a proposed re
teenth century efforts were made to revise it, but vision, we shall endeavor to complete our examina
after a generation of fruitless labor the attempt was tion of this subject.
given up. Belgium has a code of civil procedure.
The Ground-law (Constitution) of 1849, as reBritish Columbia : The “ Local Administration vised in 1866, provides that the exercise of judicial of Justice Act,” 1881, contains provisions as to the
powers can only be regulated by law; that the adorganization, powers and jurisdiction of courts.
ministration of justice be separated from police Rules regulating practice and procedure are pro- functions, according to rules enacted by law, and mulgated by the judges, or a majority of them, that publicity and oral process be carried out as far with the approval of the lieutenant-governor in
as possible. In criminal and political cases trial council. By similar acts, courts of judicature are must be by jury. By virtue of this constitution, established in the provinces of Manitoba, Nova great reforms in the administration of justice were Scotia, New Brunswick, Prince Edward's Island introduced. The maritime and commercial court and Newfoundland.
in Copenhagen was established, and a new code of Canada: Supreme and Exchequer Courts were criminal procedure adopted in 1866.
in 1866. But not all established for the Dominion of Canada by “the the regulations contained in the Ground-law relatSupreme and Exchequer Court Act of 1875.” The ing to the administration of justice have yet been Supreme Court has an appellate jurisdiction carried out. throughout the Dominion of Canada, and such Egypt has a commercial code which relates to the special original jurisdiction relating to controversies law of business relations, a statute of judicial orbetween any province and the Dominion of Canada, ganizations, and a code of civil and commercial between any two or more provinces, and of suits procedure, 816 sections, which relates to practice and in which the question of the validity of an act of procedure in courts exercising jurisdiction over the parliament of Canada or of any of the provincial civil and commercial affairs. legislatures is at issue, as may be couferred by the England: “ The Supreme Court of Judicature legislatures of the provinces. The Court of Ex-Act,” 1873, amended by the acts of 1875, 1876, chequer has concurrent original jurisdiction in 1877, 1879, 1881, 1883, relates to the constitution cases to enforce any law of the Dominion of Canada and judges of the Supreme Court, its jurisdiction, relating to revenues, fines, penalties, etc., and sittings and distribution of business, trial and proexclusive original jurisdiction in all cases in which cedure, its officers and their powers and duties, the the demand is for relief sought in respect to any jurisdiction of inferior courts, and miscellaneous matter which might be the subject of a suit against provisions. the Crown, or any officer of the Crown, in Part 4, relating to trial and procedure, compristhe Court of Exchequer, on its • reveuue side, ing 21 sections, relates to reference, the directing in England. The Court of Exchequer and Su- of trial of issues before referees, and the power of preme Court are composed of the same judges. referees, and also the establishment of district Procedure in the Exchequer Court is 'regu
registers for the Supreme Court, the conducting of lated by the practice and procedure of Her business by registrars, and their powers and duties. Majesty's Court of Exchequer at Westminster, on Section 75 imposes upon the justices of the Suits revenue side. Judges of the Supreme Court preme Court the duty of inquiring and examining make rules regulating procedure in that court. into any defects which may appear to exist in the There are 269 of these rules.
system of procedure, or the administration of law Cape of Good Hope: The Roman-Dutch Laws in such court, and they shall report such amend(Laws of Holland) prevail. Book III contains pro- ments and alterations to her majesty's principal cedure in civil and criminal cases. Practice is also secretaries of state, as in their judgment are experegulated by rules of court.
dient to be made. Denmark: Christian the Fifth's “ Danish Code” By the Supreme Court of Judicature Act (1875, $ was promulgated in 1683. It is a classification and 17), as amended by the act of 1891, $ 19, her majesty in chambers. Appeal in each “monarchy," and courts of first in
may, by order in council, made upon the recom- ances, procedure in escheat, and appeals from mendation of the Lord Chancellor, and the Lord inferior courts. Part VI. relates to civil procedure, Chief Justice of England, the Master of Rolls and including practice and modes of procedure in the the President of the Probate Division and four other Supreme and District Courts, the probate of wills, judges of the Supreme Court to be nominated in letters of administration, and powers and duties of writing by the Lord Chancellor, make rules for the official administrator. Part VII. relates to oaths regulating the sittings of the court, the pleading, and evidence, including oaths of allegiance by colpractice and procedure therein, and generally for onial officers, oaths of jurors, witnesses, and interregulating any matters relating to the practice and preters; the subpænaing, examination, competency procedure of the several courts, the duties of offi- and privileges of witnesses, and the manner of prov. cers thereof, and the cost of proceedings therein. By ing handwriting, addresses to jury, medical experts, section 100 of the act of 1873, the rules of court
confessions, etc. shall include forms. There are sections in the
India: The Indian code of civil procedure was other judicature acts, giving special power to cer
adopted in 1859. In 1860, the penal code was tain judges to make rules in special cases.
The adopted, and in 1861 the Code of Criminal Procedure. general rules of the Supreme Court are divided into The Code of Civil Procedure extends to all the pro
vinces and states under the British government in seventy-two orders, which orders are subdivided into rules. To these rules, as a part thereof, are
India, and regulates the practice of all courts therein,
This code was amended by act number 10 of 1877. appended certain forms.
The several proviņces have enacted civil codes, conFrance: The judicial system embraces justices of
taining acts upon various subjects, including the the peace, civil tribunals of first instance, Courts of Appeal and the Court of Cassation. Justices of the organization of the courts, and their jurisdiction
These judicature acts generally give peace are appointed in each canton, and have juris- the courts the power to promulgate certain rules of diction in cases involving not more than 200f. The decision is final in cases involving less than 100f. procedure, not in conflict with the form of proced
ure prescribed by the Indian Code of Civil ProcedCivil tribunals of first instance exist in every district constituting a “sous prefecture,” and have general have adopted codes are Bengal, Burmah, Pegu,
ure. Among the Indian provinces and States which jurisdiction in all civil cases not cognizable by Madras, Punjab, the North Western provinces, the justices of the peace. No appeal is allowed when
Central provinces, and Coorg. the amount involved is less than 1,000f.
Ireland: The “Supreme Court of Judicature (IreCourts of appeal revise decisions of civil or com
land) act of 1877 ” and amendments of 1878, 1882. mercial tribunals appertaining to their jurisdiction. 1887, 1888, contain provisions relating to the conThere are 25 Courts of Appeal. The authority of the stitution and judges of the court of judicature, its Court of Cassation extends over all the tribunals of jurisdiction, powers, and sittings, the distribution France, civil, commercial, administrative and crimi- of business, trials and procedure therein, subject to nal. The code of procedure regulates the practice the rules of court, and officers and their duties. To in all these courts.
this act is added a schedule of rules, relating to the The German Empire has a code of judicial organi- form of action and summons, interpleading, prozation and code of civil procedure, which were first
cesses, parties, pleading, new trial, motions, and published as a complete draft in 1876, and were
appeals. ultimately adopted and received imperial assent.
Additional rules are also made by the Lord LieuThey took effect October 1, 1879. The code of
tenant, by order in council, upon recommendation civil procedure is limited to matters which are dealt
of the Lord Chancellor, Lord Justice of Appeal, the with by the ordinary courts in the exercise of their
Chief Justice of the Common Pleas, and tbe Chief usual jurisdiction. Greece: The code of laws in use is substantially judges of the several courts, or a majority of them.
Baron, or any three of them, and by the other the “Code Napoleon," and the administration of justice is nearly identical with the French system.
These rules regulate sittings of courts, pleading, There is a Supreme Court at Athens, a Court of practice and procedure, fees and costs, and practice court of cassation, which hears appeals on questions been passed since that time, which provide for the of law, both civil and criminal, whether errors in constitution of the court, its powers and jurisdicmatters of jurisdiction, misinterpretation and mis- tion. These had not been consolidated in 1879. application of law or violation of the rules of pro- New Zealand: The Supreme Court Act of 1882 cedure; seven courts of appeal, having appellate contains provisions relative to the constitution of jurisdiction over cases decided in the courts of first the court, its jurisdiction, practice and procedure, instance, and which sit as courts of criminal juris- solicitors, officers, and miscellaneous provisions. diction for the trial of major offenses; ninety-nine To this act are attached as a part thereof, a schecourts of first instance, one in each Fu or Ken, dule of 531 rules, regulating the practice and prohaving unlimited original civil jurisdiction, and cedure of the court, in all causes and matters within one hundred and ninety-four peace tribunals, with its jurisdiction. The Court of Appeal Act of 1882, jurisdiction over minor claims and offenses.
Italy: The codes of law in use are the civil code, stance in the chief towns. Hayti: The law is based upon the French codes,
the code of civil procedure of 1866, the code of and the administration of justice is similar to the
commerce of 1882, and the penal code and code of French system.
criminal procedure of 1889. Honduras (Colony of British): The Consolidated Japan: A system of justice founded on modern Laws were adopted in 1887. Part V. relates to the jurisprudence has been established. Judges canadministration of justice, including the organiza- not be removed, except by way of criminal or distion of the Supreme Court, trial by jury, recogniz- ciplinary punishment. The system includes a
relates to the constitution of the court of appeal, A criminal code and a code of criminal procedure and its civil and criminal jurisdiction, to which is based upon the Napoleon Codes, but modified by appended a schedule of rules regulating practice on the old native criminal law, were published in 1880, appeals. coming into force in 1882. The code of civil pro- Ontario: The supreme court of judicature act recedure and the commercial codes received the lates to the constitution and jurisdiction of courts, sanction of the Emperor in 1890, and became law rules of law, sittings and distribution of business, January 1, 1891. The civil code became a law appeals, trial and procedure, officers and offices. January 1, 1893.
Rules are adopted by the supreme court, with the Lagos (British Colony): A Supreme Court ordi- concurrence of a majority of the judges, regulating nance was adopted in 1876. It relates to the con- the sittings of the court, and the pleading, practice stitution and jurisdiction of the court, its sittings and procedure therein. The consolidated rules of and the distribution of its bu ess, the transfer of practice of the supreme court (1890) number 1,264, causes to other courts, commissioners to relieve the with a schedule of forms attached. court, appeals, officers of the court, barristers, soli. Orange Free State: The Roman Dutch Law precitors and proctors, and the subpanaing and exami- vails (Laws of Holland), in which is prescribed the nation of witnesses. Under sections 69-98 the mode of procedure in civil and criminal cases. Supreme Court may in civil cases " provide recon- Persia: All laws are based on the precepts of the ciliation and encourage and facilitate the settlement | Koran, and though the power of the Shah is absoin an amicable way, and without recourse to litiga- lute, it is only in so far as it is not opposed to the tion, of matters in difference among persons over accepted doctrines of the Mohammedan religion, as whom the court has jurisdiction.”
laid down in the sacred book of the prophet, his To this ordinance is appended schedules contain- oral commentaries and sayings, and the interpretaing rules of court which regulate the practice, and tion of the same by his successor and the high which are subject to change from time to time, by priesthood. Justice is administered by the Govthe chief justice of the court, with the concurrence ernors of the provinces (22 in number), and their of the puisne judges.
representatives, and by the Sheikhs-il-Slam, and the Mexico: The code of civil procedure, adopted in priesthood. The former administer justice accord1873, regulates practice in the courts. It contains | ing to the Urf, the unwritten or common law; the 2,362 sections.
latter, according to the Shai, the written or divine Monaco has adopted the French codes.
law. Morocco: Government by the Sultan is unrestric- Portugal has codes modelled after the French ted by any laws, civil, or religious. The Sultan has codes, including the code of civil procedure. six ministers, whom he may consult if he wish. Quebec, Province of: The constitution and juris
Netherlands has a civil code, a code of commerce, diction of the courts, and the trial and practice a code of civil procedure, a penal code, and a code therein, are prescribed by the code of civil proceof penal procedure, which were adopted in 1886. dure. The judges of the courts may make rules of The code of civil procedure bas 899 sections, and practice necessary for regulating proceedings therecontains no substantive law. These codes super- in, not provided for by the code of civil procedure. seded the laws of Holland, which were a codifica- The code contains 1,361 sections. tion, containing civil and penal provisions. Book Queensland: The Supreme Court Act of 1867 III. of such laws prescribed a mode of procedure in provides for the constitution and jurisdiction of the civil and criminal cases.
court. By section 52, rules regulating the forms of New South Wales: The Supreme Court was or- process and mode of pleading are made by justices ganized by the “Charter of Justice," granted by of the supreme court, or a majority of them. The George IV. in 1823. A great number of acts have Common Law Pleading Act of 1867 regulates the forms of pleading, and contains 63 sections. The Since that time several attempts have been made at Common Law Practice Act of 1867 regulates the revision. A code was reported by a commission in trial of causes and contains 95 sections. The Com- 1844, ’47, 49, and '50. It comprised a civil and mon Law Process Act of 1867, 77 sections, regulates penal code. The civil code contains a code of the forms of process and the service thereof. The procedure. Costs Act of 1867 regulates the recovery of costs
(This information is obtained from a letter writand their taxation. The Equity Act of 1867 con
ten by Professor Bergfalk, Professor of Law in the tains 157 sections, and regulates equitable proceed University of Upsala, to David Dudley Field in ings in the supreme court. Supplemental to this 1851, and published in 15 Law Review, 126.) act is the Equity Procedure Act of 1873.
Turkey : The laws of the Empire are based on Russia: The whole legislative, executive and ju- the precepts of the Koran. The will of the sultan dicial power is united in the Emperor, whose will is absolute. (See Persia.) The Ottoman civil code alone is law. A new system of jurisprudence was
contains sixteen books. Books 9 to 16 relate to promulgated in 1864, containing separate codes, re- the bringing of actions, trials and the enforcement lating to the organization of courts and civil proce
of judgments. dure therein. The main features of this system are
Victoria : The Supreme Court Act of 1890 is the complete separation of the courts from all other divided into seven parts; namely, introductory, parts of government; trial by jury in open court in constitution, jurisdiction, powers and duties of all criminal cases; the establishment of inferior tri-court and judges, sittings and distribution of busibunals for the trial of petty causes, and great sim- ness; rules of law in civil procedure; civil proceplification of the procedure.
dure; appeal to privy council; officers of the court. Servia has a civil code, a civil code of procedure,
The part on civil procedure is in 14 divisions, a criminal code with procedure, a code of com- relating to foreign procedure; foreign attachment;
arrest and bail; arbitration; references; proceedmerce, press law, tax law, law of bankruptcy, and
ings before chief clerk; opinions of experts; judga special law for advocates and lawyers. Spain : Justice is administered by the Supreme
ments and execution; changing stocks and shares; Tribunal, by courts for civil causes, and courts for specific delivery; action for recovery of land; re
plevin; bills of costs; miscellaneous. criminal causes; and every important town has one or more judges with civil and criminal jurisdiction.
Rules regulating practice in the supreme court There is a civil code, and also a penal code. Prac
are adopted by the justices. The Justices' Act of
1890 provides for justices' courts, their powers and tice is regulated by rules adopted by the courts,
jurisdiction, and regulates the practice therein. and by usage and custom. Sweden : Nothing like the English common
(To be concluded next week.) law as opposed to statute law is known in Sweden. All law is statute law. The judiciary is inti
HOW TO MAKE LAWS-ASRECOMMENDED mately connected with the legislature. Laws were
BY THE LEGISLATIVE COMMISSION made by the judiciary and approved by the people prior to 1347. After that no code came into use AS TO THE MANNER IN WHICH MUNICIPAL LEGISwithout the approval of the King. Commissioners
LATION SHALL BE BROUGHT ABOUT-A PROwere appointed for reporting a • Commor country
TO PREVENT PIGEON-HOLING— To Excode," which was promulgated by the King in
LARGE POWERS OF REVISION COMMITTEER. 1352. A common city code was promulgated in 1365. These codes brought to an end provincial THE committee appointed by Gov. Morton to legislation and the common law in Sweden, and recommend changes in the methods of legislafrom that time to the present ro such law has been tion on December 16, 1895, filed its report with the able to grow in Swedish soil.
governor. The committee consists of LieutenantSeveral commissions were appointed from time to Governor Saxton, Flon. Danforth E. Ainsworth, time, but accomplished nothing until, in 1686, a who has seen much experience iu legislative halls; commission was appointed to revise the old codes. ex-Senator John J. Linson, Jobn S. Kenyon, clerk They first decided to report one code in place of of the State Senate, and Simon Sterne, of New the country and city codes. Five parts out of nine York city. of the present common, civil and penal codes The committee is acting under a law passed by were framed by the commissioners between 1686- the last Legislature, having for its object a reduc1710.
The whole scheme completed in tion of the number of measures which come before 1723. The code was adopted in the legislative ses- the Legislature annually for its attention, and to sions of 1731 and 1734, and became law September subject those which do make their appearance to a 1, 1736. This code was known as the New Code. proper scrutiny and consideration.