Page:Catholic Encyclopedia, volume 8.djvu/357

 JAPAN

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JAPAN

127S; attorneys, 426; registrars, 41t; wardens, 1727; lower employes and agents, 42.57; bailiffs, 520; barris- ters, 20;?7. The courts of justices of the peace alone have had to judge 133,186 cases; the lower courts, 24,- 465; the courts of appeal, 3684; and the supreme court, 659.

Marriage. — The law exacts the completion of seven- teen years for a man and fifteen for a woman. The consent of the parents is required for males under thirty, and for females under twenty-five. Minors must secure tlie consent of a guardian and of the fam- ily. No person who already had a spouse may re- marry, and the penalty for so doing is two years in prison. .\n adulterer is forbidden to marry the part- ner in the sin. Marriage between blood relations is forl)idden within all degrees in the direct line, and in the collateral line within the third degree inclusive. Marriage between relations (affinities) is forbidden within all degrees in the direct line, even after divorce, but in the collateral line there is no impediment. All marriages contracted through mistaken identity, fraud, or violence may be annulled within the three months following their celebration. The woman may not remarry till six months after the dissolution or an- nulment of the first marriage. Husband and wnfe must live together, the law not admitting separation of body. The fact of the marriage should be inscribed on the register of the civil Government, and in default of this formality the marriage does not exist before the law, and is without effect. Formerly women could not possess property but now they are accorded this right. The law regulates the conjugal partnership of goods, but husband and wife are at liberty to make a contract. The husband is obliged to provide for the support of the family and to defray the expenses of the children's education. He has the right to administer the property of his wife and to collect the profits, but he is not entitled either to sell it, or to give it as secu- rity, or to lend it without her consent. In Japan mar- riage is alwa>-s arranged by an intermediary. The law stipulates nothing with regard to the ceremony, which is left to the choice of those concerned. The peasants follow the customs of the country, the chief of which consists in the exchange of cups of wine by the betrothed pair. The Buddhist or Shintoist priests {bonzes or Kamushi) have no share in the cele- bration of marriage. The Christians marry according to the rites of their religion. Politeness demands that the newly wedded pair pay a visit in the course of a month to all who assisted at the ceremony.

Diriiree. — The Japanese law allows divorce, and this divorce annuls all the effects of marriage except the impediment of affinity. Divorce may be granted in two ways, privately or by court sentence. The chief causes for divorce are (1) bigamy; (2) adultery (for a woman); (3) notorious adultery for a man; (4) crimes of forgery, petty larceny, robbery with violence, fraud- ulent possession, receiving of bribes, obscene acts, and all crimes involving a prison sentence of three years; (5) ill-treatment or grievous injury of the other party or of his father or mother; (6) ill-treatment or grievous injury received from the relations of the other party: (7) abandonment by one of the parties of the other with evil intent; (8) ignorance for three years as to whether the other party is living or dead.

Wills. — Every one may dispose of his possessions by will, provided the will is submitted to certain condi- tions. Those only are incapacitated from making a will who are of unsound mind or who have not attained the age of fifteen. Japanese law recognizes nat- ural heirs and every clause injurious to their rights is null. As to form, Japanese law recognizes three kinds of wills, olographic, authentic, and secret. An olo- graphic will (Jihitsu-shosho) is one which the testa- tor writes, dates, and signs with his own hand, and to which he affixes his seal. An authentic will (Kosei- shosho) is dictated by the testator with the formali-

ties prescribed by law in [iresence of at least two wit- nesses, written by a notary (Kusho-nin), who reads the will to the testator and the witnesses. If it is ap- proved the testator and the witnesses should then sign it and affix their seal. The secret will {Himitsu-sho- sho) is signed and sealed by the testator and presented by him to a notary in presence of at least two wit- nesses. The testator declares that it is his will and gives the name and address of him who drew it up. The notary records on the envelope the report of this presentation, whereupon the testator, the witnesses, and the notary sign and affix their seals. Besides these wills .Japanese law recognizes others which have only a temporary existence and cease with the circum-

stances which gave rise to them, e. g. military wills, naval wills, wills made in time of contagious disease or at the point of death, if the sick person recovers. To make an act legal every Japanese must affix his seal (jitsun-in) to that act. A copy {in-kan) should be deposited at the surrogate's office. For foreigners the signature is sufficient. The will goes into effect imme- diately on the death of the testator; if it is conditional, as soon as the conditions are realized. But to put it into execution the executor must have it signed by the court. The testator may always revoke his will in whole or in part. When the same person has made two wills the second prevails. Anyone is free to re- ject a will made in his favour. The share reserved to the natural heirs in the direct line is one-half the prop- erty, that of the other heirs, one-third.

Prisons (Kangoku). — In the present penal system prisons are divided into two chief classes, civil and military. Civil prisons comprise six categories: (1) criminal or convict prisons for those sentenced to de- portation or banishment (three); (2) temporary pris- ons, in which are confined those sentenced to deporta- tion or banishment until such time as they shall be transferred to their final destination (three); (3) de- partmental [irisons for those sentenced to simple de- tent inn and compulsory labour (at lea.st one for each depart inent); (4) detentive prisons, destined to re- ceive prisoners who have been indicted and accused persons until the law has decided their case; (5) nouses of correction reservefl for minors under twenty and for deaf-mutes; (6) jails, for those sentenced to