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The Green Bag.


able persons who can prove their poverty to If he goes to Paris his salary is slightly bet bring and defend actions in all the Courts ter, with 11,000 francs as a councillor of the without incurring any expense. The pauper Court of Appeal and 13.750 francs as presi has a right to gratuitous assistance from dent. The president and the public procura every branch of the legal profession whose tor in the tribunal of the Seine have each services he may require. He has nothing to 20,000 francs. Finally only two judges in pay to the avoue, the sheriff's officer, the France reach 30,000 francs a year, vis., the advocate, the Treasury, or the registration first President of the Court of Cassation, and the Procurator-General of that Court. It office. With this object a special office has should be added that few judges follow the been instituted in connection with each regular course of promotion, some spending Court, composed of representatives of the Treasury and the administration, and of mem their whole career in the provinces while bers nominated from among retired judges, others rapidly reach Paris, promotion being advocates, avoués or notaries. Poor persons, determined solely by selection, that is to say, by the choice of the Minister of Justice. desirous of bringing or defending an action address a written request to the State pro Sometimes appointments are made direct to curator accompanied by evidence of their judgeships in Paris; in other cases after a poverty in the shape of certificates granted short time spent in the provinces a judge by their mayor. The procurator transmits may be made a Councillor of the Court of the case to the office of L'Assistance Judi- i Appeal at Paris. . . . ciairc, which determines whether there is The public procurator is an official whose good reason for granting gratuitous assis function is to represent the State; in civil tance. If it refuses to do so, the applicant cases he sees that the law is applied, while in may apply to the office attached to the Court criminal cases he directs proceedings against of Appeal. The application once granted, the offenders. He is represented at each diet by Dean o; the Faculty of Advocates (Bâtonnier a depute, and in criminal inquiries by the de l'Ordre des Avocats), the President of the examining magistrates. The examining mag Chamber of Avoues, and the President of the istrates are nominated from among the Sheriff's Officers each nominate a member judges of each Court and draw a slightly of their body to assist the pauper. Tf tbe higher salary than the ordinary judges. They latter wins his case, the avoués and sheriff's hear the witnesses, adopt such measures as officers are paid, but the advocate, whatever are necessary for reaching the truth, and in be the result of the case, gives his services terrogate the accused. Their powers are absolutely gratuitously. In all criminal cases very extensive, and were, until a few years every accused person is entitled to the assist ago, even more so. No one was permitted ance of an advocate, and on his requesting to be present at the examination and the such assistance an advocate is assigned to judge acted on his own unfettered discretion. him. . . . But it came to be considered dangerous and The salaries of the judges, which are paid unjust thus to hand over accused persons by the State, are calculated, it must be con who, if unresourceful by nature necessarily fessed, upon the most modest scale. A judge became more so under the influence of fear, starting as judge-substitute receives no re to a judge whose zeal for the discovery of muneration. If he gets promoted he be truth might carry him too far. Accordingly, comes a salaried judge-substitute with 1500 francs a-year, and his remuneration thereafter a law was passed in 1898 authorizing advo cates to be present at the examination. This advances progressively from 3000 francs as a is already a great step in advance; perhaps provincial judge to 7000 francs as a coun cillor of the Court of Appeal, and 10,000 some day we shall have the examination con if res as a president of a Court of Appeal. ducted in public.