Page:The Green Bag (1889–1914), Volume 07.pdf/103

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80
The Green Bag.

from our own district-attorneys. And there The most recent statistics show that in one is a faint-resemblance between the Ministere year these juges dc paix (and there are Public of France and the Solicitor to the 30,000 of them over the Republic) arbitrated two and a quarter million civil cases, out of Treasury in England. But that those mem bers of the state department have relation to which one-third were reconciliations. These justices are removable at will, but private civil suits is little understood in either England or this country. Yet in French all other judges in France can only be re moved for misconduct. The justices in the civil cases they side with plaintiff or defen dant as they see fit; being in such relation provinces have annual salaries ranging — called partie principale. If they make gen calculated in our currency — from $350 to eral comment merely on matters before the $1000. In Paris they draw $1500. But court, they are called partie jointe. The then all judicial salaries in France are Minister of Justice may direct these members very low. The highest known is $5000; and is entitled to give them instructions on but $2000 is an average. The president of every point connected with their duties. the Court of Cassation, the head of the And not alone in civil suits affecting Govern judiciary — the only court having sovereign mental interests, as may the Federal Attorney- authority over the whole of France — enjoys General, but in points of private differences the largest sum of salary. between citizen plaintiff and citizen defen Law is more of a luxury however in that dant. These members hold off1ce at the republic than in any other country — not will of the President on advice of the excepting Turkey,"the land of blood-money." Minister of Justice. There is thus allowed Inasmuch as public fees, are vexatiously a direct pressure of Government in all legal high, and the charges of advocates enor differences between private parties or corpo mous, because the "Order of Advocates," that rate bodies — pressure, too, in addition to regulates costs and fees is a wonderful mon what judges may bring to bear. opoly, and the pecuniary interests of the Civil and criminal courts are various in French Bar are sedulously looked after by a France as in the United States; with particular Sub-Committee of Discipline. A witty Maitre (or Q. C as one would say in London) names, not necessary to mention; but in mat ters ofnisiprius jurisdiction (or as the French once said to a suitor: " Monsieur, there are statutes say, " courts of first instance"), as three essentials to our success in your case, well as of appeal, those courts assimilate in time, resignation and money." He might jurisdiction, pleas and procedures much in have added. Time is the lever, resignation the main as do English or American courts. the fulcrum, and money the lifting power. There is a marked, interesting, and doubtless But all this would not show any especial salutary peculiarity of the court of the juge peculiarity of French systems over others de paix (our justice of the peace) who has elsewhere. However, the various states of exclusive jurisdiction of hundred-franc suits, the Union do not extort governmental fees and of double that sum with concurrent or revenue from suitors as are extorted in right of appeal in cases involving that Paris or London; while at the same time amount. But he is practically an arbitrator their statutes duly regard also expenditure between these minor suitors in that he is of " time and resignation." Hence it is no bound by law to try and effect in a friendly marvel that when Hamlet is performed at way — and gratis — a reconciliation between the French capital, that part of the Dane's parties wishing "to go to law." And indeed soliloquy which refers to " the law's delay" every French plaintiff, upon bringing suit, is always especially applauded by the parmust set forth " failure of reconciliation." quette.