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may, by order in council, made upon the recommendation of the Lord Chancellor, and the Lord Chief Justice of England, the Master of Rolls and the President of the Probate Division and four other judges of the Supreme Court to be nominated in writing by the Lord Chancellor, make rules for regulating the sittings of the court, the pleading, practice and procedure therein, and generally for regulating any matters relating to the practice and procedure of the several courts, the duties of officers thereof, and the cost of proceedings therein. By section 100 of the act of 1873, the rules of court shall include forms. There are sections in the other judicature acts, giving special power to certain judges to make rules in special cases. general rules of the Supreme Court are divided into seventy-two orders, which orders are subdivided into rules. To these rules, as a part thereof, are appended certain forms.

The

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France: The judicial system embraces justices of the peace, civil tribunals of first instance, Courts of Appeal and the Court of Cassation. Justices of the peace are appointed in each canton, and have diction in cases involving not more than 200f. The decision is final in cases involving less than 100f. Civil tribunals of first instance exist in every district constituting a "sous prefecture," and have general jurisdiction in all civil cases not cognizable by justices of the peace. No appeal is allowed when the amount involved is less than 1,000f.

Courts of appeal revise decisions of civil or commercial tribunals appertaining to their jurisdiction. There are 25 Courts of Appeal. The authority of the Court of Cassation extends over all the tribunals of France, civil, commercial, administrative and criminal. The code of procedure regulates the practice in all these courts.

The German Empire has a code of judicial organization and code of civil procedure, which were first published as a complete draft in 1876, and were ultimately adopted and received imperial assent. They took effect October 1, 1879. The code of civil procedure is limited to matters which are dealt with by the ordinary courts in the exercise of their usual jurisdiction.

Greece: The code of laws in use is substantially the "Code Napoleon," and the administration of justice is nearly identical with the French system. There is a Supreme Court at Athens, a Court of Appeal in each "monarchy," and courts of first instance in the chief towns.

Hayti: The law is based upon the French codes, and the administration of justice is similar to the French system.

ances, procedure in escheat, and appeals from inferior courts. Part VI. relates to civil procedure, including practice and modes of procedure in the Supreme and District Courts, the probate of wills, letters of administration, and powers and duties of the official administrator. Part VII. relates to oaths and evidence, including oaths of allegiance by colonial officers, oaths of jurors, witnesses, and interpreters; the subpoenaing, examination, competency and privileges of witnesses, and the manner of prov ing handwriting, addresses to jury, medical experts, confessions, etc.

India: The Indian code of civil procedure was adopted in 1859. In 1860, the penal code was adopted, and in 1861 the Code of Criminal Procedure. The Code of Civil Procedure extends to all the provinces and states under the British government in India, and regulates the practice of all courts therein. This code was amended by act number 10 of 1877. The several provinces have enacted civil codes, containing acts upon various subjects, including the organization of the courts, and their jurisdiction the courts the power to promulgate certain rules of and powers. These judicature acts generally give procedure, not in conflict with the form of procedure prescribed by the Indian Code of Civil Procedhave adopted codes are Bengal, Burmah, Pegu, ure. Among the Indian provinces and States which Madras, Punjab, the North Western provinces, the Central provinces, and Coorg.

Ireland: The "Supreme Court of Judicature (Ireland) act of 1877 " and amendments of 1878, 1882. 1887, 1888, contain provisions relating to the constitution and judges of the court of judicature, its jurisdiction, powers, and sittings, the distribution of business, trials and procedure therein, subject to the rules of court, and officers and their duties. To this act is added a schedule of rules, relating to the form of action and summons, interpleading, processes, parties, pleading. new trial, motions, and appeals.

Additional rules are also made by the Lord Lieu

tenant, by order in council, upon recommendation of the Lord Chancellor, Lord Justice of Appeal, the Chief Justice of the Common Pleas, and the Chief Baron, or any three of them, and by the other judges of the several courts, or a majority of them. These rules regulate sittings of courts, pleading, practice and procedure, fees and costs, and practice

in chambers.

Italy: The codes of law in use are the civil code, the code of civil procedure of 1866, the code of commerce of 1882, and the penal code and code of 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

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court of cassation, which hears appeals on questions of law, both civil and criminal, whether errors in matters of jurisdiction, misinterpretation and misapplication of law or violation of the rules of procedure; seven courts of appeal, having appellate jurisdiction over cases decided in the courts of first instance, and which sit as courts of criminal jurisdiction for the trial of major offenses; ninety-nine courts of first instance, one in each Fu or Ken, having unlimited original civil jurisdiction, and One hundred and ninety-four peace tribunals, with jurisdiction over minor claims and offenses.

A criminal code and a code of criminal procedure based upon the Napoleon Codes, but modified by the old native criminal law, were published in 1880, coming into force in 1882. The code of civil procedure and the commercial codes received the sanction of the Emperor in 1890, and became law January 1, 1891. The civil code became a law January 1, 1893.

Lagos (British Colony): A Supreme Court ordinance was adopted in 1876. It relates to the constitution and jurisdiction of the court, its sittings and the distribution of its business, the transfer of causes to other courts, commissioners to relieve the court, appeals, officers of the court, barristers, solicitors and proctors, and the subpoenaing and examination of witnesses. Under sections 69-98 the Supreme Court may in civil cases "provide reconciliation and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference among persons over whom the court has jurisdiction."

To this ordinance is appended schedules containing rules of court which regulate the practice, and which are subject to change from time to time, by the chief justice of the court, with the concurrence of the puisne judges.

Mexico: The code of civil procedure, adopted in 1873, regulates practice in the courts. It contains 2,362 sections.

Monaco has adopted the French codes.

Morocco: Government by the Sultan is unrestricted by any laws, civil, or religious. The Sultan has six ministers, whom he may consult if he wish.

Netherlands has a civil code, a code of commerce, a code of civil procedure, a penal code, and a code of penal procedure, which were adopted in 1886. The code of civil procedure has 899 sections, and contains no substantive law. These codes superseded the laws of Holland, which were a codification, containing civil and penal provisions. Book III. of such laws prescribed a mode of procedure in civil and criminal cases.

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been passed since that time, which provide for the constitution of the court, its powers and jurisdiction. These had not been consolidated in 1879.

New Zealand: The Supreme Court Act of 1882 contains provisions relative to the constitution of the court, its jurisdiction, practice and procedure, solicitors, officers, and miscellaneous provisions. To this act are attached as a part thereof, a schedule of 531 rules, regulating the practice and procedure of the court, in all causes and matters within its jurisdiction. The Court of Appeal Act of 1882, relates to the constitution of the court of appeal, and its civil and criminal jurisdiction, to which is appended a schedule of rules regulating practice on appeals.

Ontario: The supreme court of judicature act relates to the constitution and jurisdiction of courts, rules of law, sittings and distribution of business, appeals, trial and procedure, officers and offices. Rules are adopted by the supreme court, with the concurrence of a majority of the judges, regulating the sittings of the court, and the pleading, practice and procedure therein. The consolidated rules of practice, of the supreme court (1890) number 1,264, with a schedule of forms attached.

Orange Free State: The Roman Dutch Law prevails (Laws of Holland), in which is prescribed the mode of procedure in civil and criminal cases.

Persia: All laws are based on the precepts of the Koran, and though the power of the Shah is absolute, it is only in so far as it is not opposed to the accepted doctrines of the Mohammedan religion, as laid down in the sacred book of the prophet, his oral commentaries and sayings, and the interpretation of the same by his successor and the high priesthood. Justice is administered by the Governors of the provinces (22 in number), and their representatives, and by the Sheikhs-il-Slam, and the priesthood. The former administer justice according to the Urf, the unwritten or common law; the latter, according to the Shai, the written or divine law.

Portugal has codes modelled after the French codes, including the code of civil procedure.

Quebec, Province of: The constitution and jurisdiction of the courts, and the trial and practice therein, are prescribed by the code of civil procedure. The judges of the courts may make rules of practice necessary for regulating proceedings therein, not provided for by the code of civil procedure. The code contains 1,361 sections.

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forms of pleading, and contains 63 sections. The Common Law Practice Act of 1867 regulates the trial of causes and contains 95 sections. The Common Law Process Act of 1867, 77 sections, regulates the forms of process and the service thereof. Costs Act of 1867 regulates the recovery of costs and their taxation. The Equity Act of 1867 contains 157 sections, and regulates equitable proceedings in the supreme court. Supplemental to this act is the Equity Procedure Act of 1873. Russia: The whole legislative, executive and judicial power is united in the Emperor, whose will A new system of jurisprudence was promulgated in 1864, containing separate codes, relating to the organization of courts and civil procedure therein. The main features of this system are the complete separation of the courts from all other parts of government; trial by jury in open court in all criminal cases; the establishment of inferior tribunals for the trial of petty causes, and great simplification of the procedure.

alone is law.

Servia has a civil code, a civil code of procedure, a criminal code with procedure, a code of commerce, press law, tax law, law of bankruptcy, and a special law for advocates and lawyers.

Spain Justice is administered by the Supreme Tribunal, by courts for civil causes, and courts for criminal causes; and every important town has one or more judges with civil and criminal jurisdiction. There is a civil code, and also a penal code. tice is regulated by rules adopted by the courts, and by usage and custom.

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Sweden Nothing like the English common law as opposed to statute law is known in Sweden. All law is statute law. The judiciary is intimately connected with the legislature. Laws were made by the judiciary and approved by the people prior to 1347. After that no code came into use without the approval of the King. Commissioners were appointed for reporting a "Common country code," which was promulgated by the King in 1352. A common city code was promulgated in 1365. These codes brought to an end provincial legislation and the common law in Sweden, and from that time to the present no such law has been able to grow in Swedish soil.

Several commissions were appointed from time to time, but accomplished nothing until, in 1686, a commission was appointed to revise the old codes. They first decided to report one code in place of the country and city codes. Five parts out of nine of the present common, civil and penal codes were framed by the commissioners between 1686 1710. The whole scheme was completed in 1723. The code was adopted in the legislative sessions of 1731 and 1734, and became law September 1, 1736. This code was known as the New Code.

Since that time several attempts have been made at revision. A code was reported by a commission in 1844, 47, 49, and '50. It comprised a civil and penal code. The civil code contains a code of procedure.

(This information is obtained from a letter written by Professor Bergfalk, Professor of Law in the University of Upsala, to David Dudley Field in 1851, and published in 15 Law Review, 126.) Turkey The laws of the Empire are based on the precepts of the Koran. The will of the sultan is absolute. (See Persia.) The Ottoman civil code

contains sixteen books. Books 9 to 16 relate to the bringing of actions, trials and the enforcement of judgments.

Victoria The Supreme Court Act of 1890 is divided into seven parts; namely, introductory, constitution, jurisdiction, powers and duties of court and judges, sittings and distribution of business; rules of law in civil procedure; civil procedure; appeal to privy council; officers of the court. The part on civil procedure is in 14 divisions, relating to foreign procedure; foreign attachment; arrest and bail; arbitration; references; proceedings before chief clerk; opinions of experts; judgments and execution; changing stocks and shares; specific delivery; action for recovery of land; replevin; bills of costs; miscellaneous.

Rules regulating practice in the supreme court are adopted by the justices. The Justices' Act of jurisdiction, and regulates the practice therein. 1890 provides for justices' courts, their powers and

(To be concluded next week.)

HOW TO MAKE LAWS-AS RECOMMENDED BY THE LEGISLATIVE COMMISSION.

THE

AS TO THE MANNER IN WHICH MUNICIPAL LEGISLATION SHALL BE BROUGHT ABOUT-A PROVISION TO PREVENT PIGEON-HOLING-TO ENLARGE POWERS OF REVISION COMMITTEES. THE committee appointed by Gov. Morton to recommend changes in the methods of legislation on December 16, 1895, filed its report with the governor. The committee consists of LieutenantGovernor Saxton, Hon. Danforth E. Ainsworth, who has seen much experience in legislative halls; ex-Senator John J. Linson, John S. Kenyon, clerk of the State Senate, and Simon Sterne, of New York city.

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The committee is acting under a law passed by st Legislature, having for its object a reduction of the number of measures which come before the Legislature annually for its attention, and to subject those which do make their appearance to a | proper scrutiny and consideration.

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The commission recommended as follows: First. That all private and local bills, including bills which relate to municipalities, shall be filed either before the beginning of the legislative session or within thirty days before their presentation to the legislature, unless the governor of the State takes upon himself the responsibility of making a special recommendation for urgency; and that each bill shall be accompanied with proof that a notice was duly published or personally served, or both, as the circumstances of the case may require, on every interest which may be affected by such legis?ation. Second. That the petition for such legislation shall set forth its general scope, object and utility. This petition may be answered in writing by any adverse interest. Such petition and one or more answers which partake of the nature of pleadings

in a civil suit shall be filed with the bill, and these petitions and counter-petitions, duly signed, shall accompany each bill of this character during the whole of its legislative progression.

Third. The committee of revision, both Senate and Assembly, should have their powers enlarged for the consideration of all measures, both public and private or local, and that each of such committees shall be assisted in its labors by a lawyer of at least ten years' standing, with an adequate salary to insure proper talent, who shall have such assistants as may be necessary. These committees to act as advisory committees for redrafting bills, and for recommendations as to their effect, with suggestions as to their operation upon the general body of the law, and to point out constitutional or other defects. Such counsel to be appointed by the governor, lieutenant-governor and speaker of the house, for a fixed term.

Fourth. That a day calendar shall be printed one day in advance and distributed among the members. Fifth. That general public measures should be referred before passage to the commissioners to revise the statutes to report upon the effect of such measures and their place in the body of the statute law. Sixth. That committees of the Legislature should be empowered to take testimony.

Seventh. That every committee should be required to report the private and local bills which have been submitted to it, with the reason for its action, within a certain number of days after the bill has been committed to its care.

Eighth. That some of the Senate committees should be enlarged, particularly such committees as have imposed upon them the most onorous duties of the legislative session, such as the committ cities, the committee on finance, the committee on judiciary.

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Ninth. That a proportionate share of the printing expenses incident to a legislative session, which

amounted, during the last session, to the sum of $200,000, should be borne by the parties interested in the bills, and in whose interest legislation is considered, particularly moneyed corporations, stock corporations or private individuals.

Tenth. That the general laws should be completed as rapidly as possible, and all public statutes should be incorporated into them or into one of the Codes. Eleventh. That all bills amendatory of the general laws, or of the Code, should refer briefly in their title to the general subject to which they relate.

Twelfth. That all amendments for city charters or to the general municipal incorporation laws should briefly state in the title the subject of the sections of the statute which are proposed to be amended.

Thirteenth. That with reference to every bill affecting any department of the State government, or the general administration of the law subject to the supervision of such department, notice thereof shall be given to the head of the department having the administration of such subject under his supervision, and an opportunity afforded him to be heard before the bill is reported or passed.

Most of these propositions have been considered in other States of the Union, and the more important of them have been adopted in some of those States and work well. Attention is particularly called to the provision relating to the giving of notice of intention to apply for the passage of special and local bills, and also the requirements that applicants for bills shall pay the expense of printing the same, and that committees shall report within a certain. time upon private and local bills.

Accompanying the report of the commission are additions to the sections of the legislative law, embodying the recommendations of the commission.

The commission is of the opinion that the rules of Senate and Assembly should provide that all bills of a private or local nature shall be on a calendar known as the private and local calendar, and that all bills relating to cities shall be on a calendar known as the cities calendar, and that all other bills shall be placed on a calendar known as the general calendar; that all calendars of bills shall be printed, and on the desks of the members twenty-four hours prior to their cousideration, and that certain days shall be set apart for the consideration of the various calendars as above subdivided. But the commission has not assumed to formulate rules upon these or other similar subjects, leaving that matter for the action of the two houses of the Legislature.

MALICIOUS PROSECUTION-PROBABLE CAUSE.-In suits for malicious prosecution, the question of the existence of reasonable cause-the facts not being in dispute-must be decided by the court. (Bell v. Atlantic City R. Co. [N. J.], 33 Atl. Rep. 211.)

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A FAMOUS LEGAL AUTHOR.

CHARLES FREDERICK WILLIAMS DIES IN BOSTONWIDELY KNOWN IN THE PROFESSION AS COмPILER OF WORKS OF LAW.

Charles Frederick Williams, the managing editor of the last eight volumes of the American and English Encyclopedia of Law, died Friday morning, December 20th, at the Massachusetts General Hospital in Boston. His death was due to paralysis and heart failure, following a serious attack of grip from which he suffered last spring.

He had been living in Northport, L. I., for a year or two past, but he went to Roxbury a few weeks prior to going to the Massachusetts General Hospital. It was after he went to Roxbury that he was stricken with paralysis. According to the opinion of Drs. Shattuck and Edes, cerebral embolism supervened. He has since remained in a listless condition. His death has been expected for several days past.

Mr. Williams was born in Charlestown, Oct. 31, 1842, being the eldest son of Frederick J. and Abby Tufts Williams. His father was a prominent engineer, and one of the projectors of the Mystic river improvement. He was educated in the public schools of Brookline and in the Harvard law school. His encyclopedia work, great as it has been, is only a small portion of his contributions to law literature. He had been chief clerk of the John L. Hayes tariff commission, and his Tariff Laws of the United States, with Explanatory Notes and Citations from the Decisions of the Courts and the Treasury Department" was published by Messrs. Soule & Hugbee in 1883.

His "Index of Cases Overruled, Distinguished, etc., in England and America," was published in 1887. He was a most rapid and expert digester of law reports. Although his name did not appear on the title page, he was one of the principal collaborators of Messrs. Little, Brown & Co.'s "Anuual Digest" (now merged in the West Publishing Company's "American Digest "); also of "Jacob's Complete Digest" (now similarly superseded). His services upon the "Federal Digest," published by Messrs. Little, Brown & Co. in 1886, were acknowledged and commended in the preface of the principal compiler, Mr. J. K. Kinney. In 1891 appeared his "Digest of Decisions of the Massachusetts Supreme Court, Embracing Volumes 142 to 151," and published by Messrs Banks and Bros., as a continuation of "Throop's Massachusetts Digest,"

Mr. Williams had a remarkably logical mind, possessing almost the quickness of intuition in distinguishing genera from species in the arrangement of the syllabus (or "Analysis") at the head o the

leading treatises in the law encyclopedia. In private life he was rather reserved, and in intercourse direct and courteous. He had a keen sense of humor, and was widely conversant with general literature, both English and French.

He leaves three eminent brothers, namely, Dr. Edward T. Williams, of Roxbury; Rev. Theodore C. Williams, pastor of All Soul's Unitarian Church, New York city, and Horace G. Williams, of Ashmont, Dorchester; also a sister, Mrs. Mary C. (Williams) Reed, wife of William Garrison Reed, of Up

ham's Corner.

Abstracts of Recent Decisions.

ADVERSE POSSESSION.-D. having entered on land which he supposed to be vacant, intending to pre-empt it, improved it, and remained in possession until his death, 18 years afterwards, when the improvements, without the land, were sold; D's heirs subsequently releasing to the purchaser of the improvements their claim to the land, for a nominal consideration: Held, that D's possession was (Hartman v. Huntnot adverse to the real owner. ington, [Tex.,] 32 S. W. Rep. 562.)

APPEAL-BOND-WAIVER.-Where, in an action against a corporation and its directors, one of the directors dies before judgment, and the action abates as to him, an appeal bond given by the other directors, against whom judgment was rendered in favor of plaintiff, payable to plaintiff and the corporation, and also to the deceased director, his heirs, and representatives, is not so fatally defective as to deprive the appellate court of jurisdiction. (Futch v. Palmer, [Tex.,] 32 S. W. Rep. 566.)

CARRIERS OF STOCK -NOTICE OF INJURY.-Where the validity of a carrier's contract depends upon the reasonableness of a provision that in case of an injury to stock the shipper must give notice of his claim therefor, in writing, to the agent, before it is delivered to any connecting line, or taken from the station, the carrier must, in order to avail itself of this provision as defense in an action by the shipper for damage so suffered, allege in its answer a state of facts showing that the shipper had failed

to give the notice before defendant delivered to its connecting line, and that he had the opportunity to (Houston & T. C. Ry. Co. v. Davis [Tex.],

do so.

32 S. W. Rep. 510.).

CRIMINAL LAW-GAMES OF CHANCE.-The putting up by each of several persons of a piece of money, and the deciding by throwing dice which of such persons should have a certain turkey, constitutes a game of chance. (State v. De Boy [N. Car], 28 S. E. Rep. 167.)

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