Page:The Green Bag (1889–1914), Volume 08.pdf/181

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The Green Bag.

THE LAW COURTS OF BELGIUM. By John Ball Osborne, Of the Philadelphia Bar, I,ate U. S. Consul at Ghent, Belgium.

/. The Court-house at Brussels. — The ad in many respects admirable institutions. The ministration of justice, involving as it does Civil Code, for instance, is a mine of infor the lives, liberty, honor and fortunes of the mation concerning the private rights and inhabitants of a country, is always solemn personal contracts of daily life; and the and calculated to inspire awe and command layman may, by studying it, become a respect, no matter how common the envi fairly good counselor. ronment may be. But these sentiments are The entire codical series is published in intensified and the proceedings rendered a single black-bound volume, which has the more dignified and impressive when the form of the familiar Baedeker, but double its court-room is vast and magnificent, yet thickness. This handy embodiment of the simple in its embellishments, and when the law and practice of every court in the coun members of the bar as well as the judges try is the lawyer's inseparable companion. appear in black gowns. At any rate, such If you go to him for legal advice, the mo ment he learns that you come to consult were my impressions when I attended a Bel gian trial for the first time in the " Palace of him in a professional capacity, he reaches for his vade mecum, and when you have Justice" at Brussels. The building is a fitting tribute to the stated matters, he thumbs rapidly over a majesty of the law, being a superb specimen few hundred pages and finally points tri of the Graeco-Roman style, erected 1866— umphantly to a paragraph of the wonderful 1883, after plans by the architect Poelaert, at code, which seems to have been framed ex a cost of about twelve million dollars. It pressly to fit your case. covers an extent of more than six (6) acres, ///. Organization of the courts. — The and the apex of the lofty dome is four hun juges de paix (justices of the peace) con dred feet above the pavement. Within this stitute the lowest judicial stage. There is grand temple are assembled all the law one justice, besides two deputies, for each courts of the capital, from those of the petty judicial canton. They are appointed by the juges de paix to the supreme Cour de Cas king, and must be at least twenty-five years sation. of age and have acquired the university de II. The Codes. — Belgium has closely imi gree of Doctor in Law. Their functions tated France in her jurisprudence and pro are quite numerous. The primary purpose cedure, and is now a land of codes. There of their institution is to provide a paternal is a formidable series of them, comprising medium of conciliating those who seek to the Civil Code, adopted in 1803, and com litigate trifles. monly known as the Code Napoleon; the In civil matters they have jurisdiction in Code of Civil Procedure, adopted 1806; the all actions : ( 1 ) in last resort when the Penal Code, adopted 1867; the Code of amount in dispute is less than $20; (2) in Criminal Instruction, adopted 1808; the first resort for amounts from $20 to $60, Code of Commerce, adopted 1872; the and (3) in first resort for any higher Forestry Code, adopted 1854; and the Ru amount in all disputes between landlord and ral Code, adopted 1886. They are founded tenant, and a few other matters. Controver on the principles of the Roman law, and are sies between creditors and debtors, landlords