Page:The Green Bag (1889–1914), Volume 13.pdf/414

This page needs to be proofread.

IVar on French Legal Jargon. manding a reform. Although perhaps in less degree. English law is still beclouded by spe cial construction and vocabulary, so that the strictures of the would-be French reformer apply in a measure at least to our own country. M. Breal says in part : "I should like to call the attention of the public to an abuse from which it has suffered for more than two hundred years, which has survived many revolutions, and which it is none too soon to remedy. If you have ever received a judicial docu ment, you have certainly been surprised to see in what style it is drawn up. I have ref erence to papers coming from 'laboratories of procedure,' solicitors' notices, constables' writs, etc. Whoever reads for the first time a paper drawn up in this special style is over whelmed with astonishment. Is such lan guage really French? How is one to find one's way through the involved construction of a sentence which seems not to belong to present-clay language? Xo one escapes this impression. It may become deadened .by usage, but the barrister w:ho to-day without difficulty unravels the most repellant-looking stamped papers, and the attorney who draws up with master hand and not a little satis faction the 'qualités' (qualifications) of а judgment by ' défaut profit-joint' (default of one defendant and joining of his cause to that of defendant present) or the conclusions de débonté d'opposition (non-suiting), can remember perfectly the day when they first read a bill of procedure and were at least bewildered by the style of that scrawl. Yet they were prepared by several years' study of Latin and of law. "The educated reader recognizes in this complicated French the Latin construction, and the meaning of words fallen into disuse. With a little work and attention he gets the general sense. Rut if the reader be a man of medium culture, or still more, a man of the people, it is a regular problem for him to discover the sense of the summons or order that he has received. The collabora

377

tion of his neighbors, the aid of the school teacher, are necessary. He is only too happy if he be not forced to have recourse to the costly knowledge of some business agent. "This obscure language frightens and dis concerts the common people. An insignifi cant paper brings trouble into a simple and little educated family. 'It's stamped paper'; they understand nothing of it, but a few words stand out only too clearly: 'I, the undersigned constable.' All those who have been called upon to enlighten the humble people by their counsel (in sitting, for ex ample, in the office of free consultation of the order of the advocates) have been able to convince themselves that sometimes the dif ficulties that trouble and possess the minds of these clients arise solely from the impos sibility of understanding a text really very simple. The intimidating mystery of a few archaic formulas often suffice to cause anx iety in uncultured minds. Personally, we have had several examples, such as a witness who believed himself accused of acts about which he was to testify. A woman threat ened with attachment by her landlord for delay in rent-paying, did not dare go home, but remained with a son." M. Breal cites several examples of current legal phraseology to prove that it is no wonder such misunderstandings occur. Here is one: ч "A suit is prosecuted by Mr. Martin against Messrs. Dupont and Durand. If the latter does not have himself represented by a barrister he will receive the 'signification (Гни jugement de défaut profit-joint avec ré assignation an défaillant, ou celui-ci pourra lire que le tribunal a joint à la cause pen dante entre le requérant et le sieur Dupont le profit du défaut qu'il a prononcé contre le sieur Durand. A ce que le sieur Durand n 'en ignore.' And all this to say to Mr. Durand, 'If you do not have yourself personally rep resented by a barrister, the judgment pro nounced against Dupont will be valid also against you and it will be too late to act.' M. Breal quotes an entire summons, oc