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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 subpenaing, examination, competency procedure of the several courts, the duties of offi- and privileges of witnesses, and the manner of provcers 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.
The Code of Civil Procedure extends to all the progeneral rules of the Supreme Court are divided into
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. France: The judicial system embraces justices of
The several provinces have enacted civil codes, con
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 peace are appointed in each canton, and have juris- the courts the power to promulgate certain rules of
and powers. These judicature acts generally give diction in cases involving not more than 2009. The decision is final in cases involving less than 1006. 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,
Among the Indian provinces and States which
, jurisdiction in all civil cases not cognizable by justices of the peace.
Madras, Punjab, the North Western provinces, the 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 commercial tribunals appertaining to their jurisdiction. 1887, 1888, contain provisions relating to the con
land) act of 1877 ” and amendments of 1878, 1882. There 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 the 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
These rules regulate sittings of courts, pleading, justice is nearly identical with the French system. There is a Supreme Court at Athens, a Court of practice and procedure, fees and costs, and practice
in chambers. Appeal in each “monarchy,” and courts of first instance in the chief towns.
Italy: The codes of law in use are the civil code, 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
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.
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 business, 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 subpænaing 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 has 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
contains sixteen books. alone is law.
Books 9 to 16 relate to A new system of jurisprudence was 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, relating to foreign procedure; foreign attachment;
The part on civil procedure is in 14 divisions, a criminal code with procedure, a code of commerce, press law, tax law, law of bankruptcy, and
arrest and bail; arbitration; references; proceed
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
Rules regulating practice in the supreme court or more judges with civil and criminal jurisdiction.
are adopted by the justices. The Justices' Act of There is a civil code, and also a penal code. Practice is regulated by rules adopted by the courts, jurisdiction, and regulates the practice therein.
1890 provides for justices' courts, their powers and 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 TIIE 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 Encode,” which was promulgated by the King in
LARGE POWERS OF REVISION COMMITTEES. 1352. A common city code was promulgated in 1365.
by legislation and the common law in Sweden, zud from 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, il 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 l ork 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
th st Legislature, having for its object a reduc1710. The whole scheme completel 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.
These codes brought to an end provincia Trecommend changes in the methods of legisla
The commission recommended as follows:
amounted, during the last session, to the sum of First. That all private and local bills, including | $200,000, should be borne by the parties interested bills which relate to municipalities, shall be filed in the bills, and in whose interest legislation is coneither before the beginning of the legislative session sidered, particularly moneyed corporations, stock or within thirty days before their presentation to corporations or private individuals. the legislature, unless the governor of the State Tenth. That the general laws should be completed takes upon himself the responsibility of making a as rapidly as possible, and all public statutes should special recommendation for urgency; and that each be incorporated into them or into one of the Codes. bill shall be accompanied with proof that a notice Eleventh. That all bills amendatory of the general was duly published or personally served, or both, as laws, or of the Code, should refer briefly in their the circumstances of the case may require, on every title to the general subject to which they relate. interest which may be affected by such legis?ation. Toelfth. That all amendments for city charters
Second. That the petition for such legislation or to the general municipal incorporation laws should shall set forth its general scope, object and utility. briefly state in the title the subject of the sections This petition may be answered in writing by any of the statute which are proposed to be amended. adverse interest. Such petition and one or more
Thirteenth. That with reference to every bill afanswers which partake of the nature of pleadings fecting any department of the State government, or in a civil suit shall be filed with the bill, and these the general administration of the law subject to the petitions and counter-petitions, duly signed, shall supervision of such department, notice thereof shall accompany each bill of this character during the be given to the bead of the department having the whole of its legislative progression.
administration of such subject under his supervision, Third. The committee of revision, both Senate and an opportunity afforded him to be heard before and Assembly, should have their powers enlarged the bill is reported or passed. for the consideration of all measures, both public
Most of these propositions have been considered and private or local, and that each of such in other States of the l’nion, and the more important committees shall be assisted in its labors by a of them have been adopted in some of those States lawyer of at least ten years' standing, with an ade- and work well. Attention is particularly called to the quate salary to insure proper talent, who shall provision relating to the giving of notice of intenhave such assistants as may be necessary. These
tion to apply for the passage of special and local committees to act as advisory committees for re
bills, and also the requirements that applicants for drafting bills, and for recommendations as to their bills shall pay the expense of printing the same, effect, with suggestions as to their operation upon
and that committees shall report within a certain the general body of the law, and to point out con
time upon private and local bills. stitutional or other defects. Such counsel to be
Accompanying the report of the commission are appointed by the governor, lieutenant-governor and additions to the sections of the legislative law, emspeaker of the house, for a fixed term.
bodying the recommendations of the commission. Fourth. That a day calendar shall be printed one The commission is of the opinion that the rules of day in advance and distributed among the members. Senate and Issembly should provide that all bills
Fifth. That general public measures should be re of a private or local nature shall be on a calendar ferred before passage to the commissioners to revise known as the private and local calendar, and that the statutes to report upoa the effect of such meas all bills relating to cities shall be on a calendar known ures and their place in the body of the statute law. as the cities calendar, and that all other bills shall
Sixth. That committees of the Legislature should be placed on a calendar known as the general calbe empowered to take testimony.
endar; that all calendars of bills shall be printed, Seventh. That every committee should be re and on the desks of the members twenty-four hours quired to report the private and local bills which prior to their cousideration, and that certain days have been submitted to it, with the reason for its shall be set apart for the consideration of the varaction, within a certain number of days after the ious calendars as above subdivided. But the combill has been committed to its care.
mission has not assumed to formulate rules upon Eighth. That some of the Senate committees these or other similar subjects, leaving that matter should be enlarged, particularly such committees for the action of the two houses of the Legislature. as have imposed upon them the most onorous duties of the legislative session, such as the committ: MALICIOUS PROSECUTION-PROBABLE CAUSE. -In cities, the committee on finance, the committee om suits for malicious prosecution, the question of the judiciary.
existence of reasonable cause--
the facts not being Vinth. That a proportionate share of the printing in dispute—must be decided by the court. (Bell v. expenses incident to a legislative session, which Atlantic City R. Co. [N. J.), 33 Atl. Rep. 211.)
A FAMOUS LEGAL AUTHOR.
leading treatises in the law encyclopedia. In pri
vate life he was rather reserved, and in intercourse CHARLES FREDERICK WILLIAMS DIES IN BOSTON- direct and courteous. He had a keen sense of humor,
WIDELY KNOWN IN THE PROFESSION AS COM- and was widely conversant with general literature,
both English and French.
He leaves three eminent brothers, namely, Dr. of the last eight volumes of the American and Eng. Edward T. Williams, of Roxbury; Rev. Theodore lish Encyclopedia of Law, died Friday morning,
C. Williams, pastor of All Soul's Unitarian Church, December 20th, at the Massachusetts General Hos
New York city, and Horace G. Williams, of Ashpital in Boston. His death was due to paralysis and mont, Dorchester; also a sister, Mrs. Mary C. (Wilheart failure, following a serious attack of grip liams) Reed, wife of William Garrison Reed, of Upfrom which he suffered last spring.
ham's Corner. He had been living in Northport, L. I., for a year or two past, but he went to Roxbury a few weeks Abstracts of Recent Decisions. prior to going to the Massachusetts General Hospital. It was after he went to Roxbury that he was
ADVERSE POSSESSION. —D. having entered stricken with paralysis. According to the opinion | land which he supposed to be vacant, intending to of Drs. Shattuck and Edes, cerebral embolism pre-empt it, improved it, and remained in possessupervened. He bas since remained in a listless sion until his death, 18 years afterwards, when the condition. His death has been expected for sever
improvements, without the land, were sold; D's al days past.
heirs subsequently releasing to the purchaser of the Mr. Williams was born in Charlestown, Oct. 31, improvements their claim to the land, for a nomi1842, being the eldest son of Frederick J. and Abby nal consideration: Held, that D's possession was Tusts Williams. His father was a prominent engi- not adverse to the real owner. (Hartman v. Huntneer,
and one of the projectors of the Mystic river ington, [Tex.,) 32 S. W. Rep. 562.) improvement. He was educated in the public APPEAL — BOND --WAIVER. — Where, in an action schools of Brookline and in the Harvard law school. against a corporation and its directors, one of the His encyclopedia work, great as it has been, is only directors dies before judgment, and the action a small portion of his contributions to law literature. abates as to him, an appeal bond given by the He had been chief clerk of the John L. IIayes tariff other directors, against whom judgment was rencommission, and his - Tariff Laws of the United dered in favor of plaintiff, payable to plaintiff and States, with Explanatory Notes and Citations from the corporation, and also to the deceased director, the Decisions of the Courts and the Treasury De- his heirs, and representatives, is not so fatally department' was published by Messrs. Soule & fective as to deprive the appellate court of jurisHugbee in 1883.
diction.—(Futch v. Palmer, [Tex.,] 32 S. W. Rep. His “Index of Cases Overruled, Distinguished, | 566.) etc., in England and America,” was published in
CARRIERS OF STOCK -NOTICE OF INJURY.– Where 1887. He was a most rapid and expert digester of
the validity of a carrier's contract depends upon the law reports. Although his name did not appear on the title page, he was one of the principal collabor- reasonableness of a provision that in case of an inators of Messrs. Little, Brown & Co.'s "Anjual Di-jury to stock the shipper must give notice of his gest” (now merged in the West
claim therefor, in writing, to the agent, before it is
station, the carrier must, in order to avail itself of
this provision as defense in an action by the shipseded). His services upon the “Federal Digest,"
per for damage so suffered, allege in its answer a published by Messrs. Little, Brown & Co. in 1886,
state of facts showing that the shipper had failed were acknowledged and commended in the preface
to give the notice before defendant delivered to its of the principal compiler, Mr. J. K. Kinney. In 1891 appeared his “Digest of Decisions of the Massa- connecting line, and that he had the opportunity to
(Houston & T. C. Ry. Co. v. Davis [Tex. ), chusetts Supreme Court, Embracing Volumes 142
32 S. W. Rep. 510.) to 151,” and published by Messrs Banks and Bros., as a continuation of “Throop's Massachusetts Di CRIMINAL LAW-GAMES OF CHANCE.—The putting gest,”
up by each of several persons of a piece of money, Mr. Williams had a remarkably logical mind, pos- and the deciding by throwing dice which of such sessing almost the quickness of intuition in dis- persons should have a certain turkey, constitutes a tinguishing genera from species in the arrangement game of chance. (State v. De Boy [N. Car], 28 S. E. of the syllabus (or “Analysis ") at the head othe | Rep. 167.)