The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-05-31

order, astonishing az II appears is far los
| chaotic than the state Uf things which eN-
i-tcd prior 60 1873 IN old advocate who
| lived at Buirouth before the revolution ~
that year, has put on record his experience
that knowledge " flfty-sS bodies Of sub
stantivc law, and as many distinct kinds Of
| procedure, was Indispensable in his practice.
| That epoch was he golden age Of the laws
| delay and the average duration OF law
| suit, provided the parties were able To fee
| lawyers, was computed at thirty years.
| This fact poor Bavarian baron ON one oc-
| casion turned to account He had allowed
| his name to be used by spectators in real
estate, which, according TO existing stat
utcs, could only be purchased by the no.
bilty. Finding himself the nominal owner
of fine property, he kept II, and from its
yearly proceeds actually saved enough To
pay for it and dcfray legal expenses before
a suit I'm equity could be terminated.
While the unticatiOn of Jurisprudence IL
still inchOate, more substantial and immc-
date benefits have boon conferred upon the
nation by the reorganization Of tribunals,
and the introduction OF n new method Of
procedure. The latter is based on the prin-
ciplc Of oral and public arguments and ex-
animation OF witnesses with which we are
familiar, but when is strange to Germany,
where the decision Of n court has heretofore
been grounded exclusively on numerous
and lengthy documents. The constitution
of the bench and bar has boon radically
changed. Hitherto judges and advocates
could only be appointed and exercise their
functions within the particular State Of
which they happened To be citizens, and
where they had undergone an examination.
From the first OF January, 1sso. however,
the iuiist who may have passed certain
to-ts in one state will bc qualified to become
q magistrate in every other.
The tribunals will hcnccforth lc composed
of local, provincial, superior, and imperial
courts. The first. corresponding to our JUS
/ tco- Of the peace, are limited in jurisdiction
/ to petty mlsdcmcanors and TO civil actions
/ involving small amounts. The provincial
/ tribunals. in most respects analogous to our
United States district courts, are made up
of a number Of judges. distributed in two
chambers for civil and criminal business.
/ II is to be uutei that penal offences against
property are submitted to Il bench Of five
/ Judges. of whom four must concur in order
To- condemn. whereas crimes against the
! person arc tried before a jury From th So
courts an appeal lies TO the so-callcl supe-
rior tribunals and thence again in last re-
sort To- the imperial court, which seems to
/ bc court OF errors, analogous TO the French
/ cor Il cas-utioa, taking cognizance only Of
mistaken rulings ON points of law.
/ The judiciary will no longer be dependent
onthe Government In any part II the Ger
man empire. They viii be not only ire
/ movable, u they already were in Prussia,
Bavaria. and some other State but the
right Of RELOCATING refractory judges to dis
agreeable posts. which rendered that inn
uunity iliusory. is now abolished. Hence
/ forward. tie several tribunals Will make
their own assignments. designating mem
/ bors for their various Subdivisions at the
brginnn., Of each year. Thus it must prove
well NIGH impossible IN the future to make
upl bench with an eye toa certain cause,
I and according t. the wi. a Of the Govern
mcni. What IT, kmoNna- cabinet justice. or
/ JuG.l..n. D.. decree 81 tA. -,Neiei.rn. i- for
/ eyer aDrpr, --r,i. a. ~r. a- all the legal i'n-
ulra r.- l.. wl c'l 'l" mobility has pruiitrd.
and all special tribunals for pvAueI OIL
fences
Among other rcmarkall" signs 'pfogrcss.
We may mention that Tie custom II trying
an "a .,u. u PEARSON az tho place If arrest h.
hrOtni uu and th0t German citizen must
hereafter zoe tried iu iAc forum Of bis doiui-
ellie, on at the place where the crane wl-
committed. TIN. "a unds II arrc-' aul fhc
kinda q aotiDu in which it is permitted are
grca.ly restricted. Ihe arrested p,r- n
must he hrUusl.; az one, to!orr 81 Judge, who
3 .f N..t. b.