Page:The Green Bag (1889–1914), Volume 08.pdf/183

 160

and tenants, and employers and domestic servants furnish the justices with the bulk of their business. In penal cases they try offenders for in fraction of police regulations, and thus ex ercise the functions of police judges. But the duty of hearing and committing or binding over prisoners charged with crimes does not belong to them, but to the juges d'instruction, or investigating magistrates. The justices have voluntary jurisdiction in presiding over family councils (quasiJudicial bodies), receiving declarations rel ative to the adoption or emancipation of minor children, imposing seals on the prop erty of deceased persons, and officiating at inventories and sales in bankruptcy. The procedure before them is simple. Parties may appear in person or be repre sented by counsel, or even by attorneys in fact. When the justice sits as a police judge, the commissary of police acts as the public prosecutor. A Tribunal de Premiere Instance is estab lished in each judicial arrondissement, and is composed of from three to ten judges and deputy judges, who are named by the king for life. A president and vice-president judge are chosen for each tribunal by the king from double lists submitted by the Provincial Council and the nearest Court of Appeal. A minimum age of twenty-five years, possession of the degree of Doctor in Law, and a legal practice or judicial ex perience of at least two years are the essential qualifications of the judges of this court. Each Tribunal of Primary Instance is divided into two chambers, known respec tively as the Civil and the Correctional. The former is competent in all matters except those attributed to the justices of the peace and special courts : ( i ) in last resort for amounts up to $500, and (2) in first resort for any amount exceeding $500. It also hears appeals from civil judgments rendered in first resort by the justices, and reviews the

decisions of the courts of foreign countries in civil and commercial cases. The Correctional Chamber has jurisdiction in cases of misdemeanors punishable by correctional penalties (viz. : imprison ment of eight days to five years, or fine of at least $5), and even of crimes under cer tain circumstances. It also hears appeals from the police courts. It will, therefore, be noticed that the Civil Chamber corresponds to the American Court of Common Pleas, while the other branch has some of the attributes of our Court of Quarter Sessions. In both chambers the court sits with three judges on the bench, including the president judge, and hears and decides cases without the aid of a jury. For this reason the personality of the judges is of more interest and importance to litigants than with us. In the Correctional Chamber a procureur du roi acts as the public prose cutor. A Tribunal de Commeree is established in every important locality; but where there is none in an arrondissement, the commercial jurisdiction is exercised by the Tribunal of Primary Instance. The judges of the Tri bunals of Commerce must be at least twentyfive years of age and have exercised some business with honor and distinction for a period of at least five years. They are elected for two years by merchants qualified as communal electors and paying annual direct taxes to the amount of $4. These tribunals are of high utility, and have jurisdiction in all disputes relating to trade and commerce, particularly those be tween partners, actions against factors and shipping agents, and in cases of bankruptcy. They also hear appeals from judgments ren dered by the Conseils de Prud'hommes (trade councils). When the amount at issue does not exceed $500, the judgment of the Tribunal of Commerce is final; but for amounts in excess of that sum an appeal lies to the Court of Appeal. Judgments are rendered by three judges, including a pres