r- ^xxxwtW ICam ^rlynol Hibrarg 3 1924 076 968 399 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924076968399 HISTORY OF THE FEENCH BAE, ANCIENT AND MODERN COMPRISING A THEIR OFFICERS, PRACTITIONERS, ETC. THE SYSTEM OF LEGAL EDUCATION IN FRANCE. BY ROBERT ^^JpJSTES, OF LINCOLN'S INN, ESQUIRE, E A:^8TEK-AT-LAW . //" yCu^ ^^cj ^^ /^ y^ PHILADELPHIA: T. & J. W. JOHNSON & CO., LAW BOOKSELLERS AND PUBLISHERS, No. igT CHESTNUT STREET. 185 6. ROBG) PILE i M'El.ROr, LATE KITE & WALTON TO SIR RICHARD BETHELL, KT. M.P. \ HER majesty's SOLICITOR-GENERAL, THE ABLE AND ZEALOUS PROMOTER OP LEGAL EDUCATIONAL IMPROVEMENT IN ENGLAND, THIS VOLUME IS (with kind permission) MOST RESPECTFULLY INSCRIBED, AS A TRIPLING BUT SINCERE MARK OF THE HIGH CONSIDERATION AND GREAT ESTEEM OF HIS FAITHFUL AND MUCH OBLIGED SERVANT, THE AUTHOR. PREFACE. I HAVE been led to the compiling of the present Work mainly for two reasons. Firstly, at a time when the Inns of Court in this country are seriously occupied in devising some system of improving the educational qualifications of aspirants to Forensic Honours, as well as to the Status or Degree of Barrister-at-Law, it has occurred to me that a short His- tory or Outline, showing what is required of Students in France, the Course of Studies to be pursued, and the general ordeal to be gone through in that country, previously to the obtaining the title and privi- leges of an Advocate, would be most opportune. It will be readily conceded by every reasonable mind that there is much room for improvement in England in the studies of the legal tyro. We have only to contrast the state of things existing in this respect in the Universities of Holland, Germany, and France, and we shall at once be astonished and even surprised to imagine how we as a body (supposed to be learned) can have remained so long contented with a system which offers no guarantee for the privileges it bestows, and where fortune and family too often *usurp the place of talent and learning ! Such r ^^ • -■ is not the case, however, in the countries I have above men- L J tioned. There, no distinction, rank, or privilege is to be obtained by the legal aspirant, but by long and arduous study ; and whatever position the Student holds, or may afterwards hold, whatever may be the ultimate title affixed to his name, he owes it entirely to his own merit, and may fearlessly assert that he has fully earned it. Now I am led to believe, from various circumstances, that although we are such near neighbours with the French nation, and although the intercourse between England and France is very great and friendly, the subject which at present engages our attention is but very imperfectly understood in our country, if indeed it be under- stood at all. I trust, therefore, the giving a short sketch of the require- ments of the University of France with respect to the Faculty of Law, will not be considered as out of time and place at the present juncture, and that I may not be thought presumptuous in my desire to offer such information as may throw some light on this important matter, my only aim being, to render assistance in" an unpretending manner at a moment yj JONES ON THE FRENCH BAR. when we ourselves are contemplating Legal Educational Improvement ; for, to carry out our purpose with effect, it would seem desirable that we should consult the system of other countries, in order to see if we cannot find anything suitable to us and to our ideas, and which might be suitably applied to our new system. _ ^ .. , I trust, also, I may be found correct and accurate *in my L '" J observations as far as they extend ; indeed I doubt not such will be the case, for, as to part of my information on the system of Legal Education in France, I am greatly indebted to the Secretary of the Faculty of Law in Paris, by whom I have been most graciously received on the matter, and as to the rest, to books of reference suggested to me by that gentleman to bear me on my way. Secondly, with reference to the French bar, as my other reason above alluded to. This is certainly a most interesting subject for the conside- ration of the Members of the Bar in this country ; yet I feel justified in asserting that there is no body of men in France so little appreciated in England, as the French Advocate. That such should be the case with the public at large might not be thought an extraordinary circumstance j but when we consider that the remark more especially applies to the Members of our own Bar, it is certainly a matter of great surprise and much to be regretted. Let us contrast other bodies of men, other noble and honourable professions, and let us see what is the state of things in respect to them. Will it be said in the age in which we live that the English Soldier does not know his French comrade in arms, and tho- roughly appreciate his skill, intrepidity and heroism j and does he not, in consequence thereof, honour and respect him ? Will not the same question equally apply to the British Sailor ? Has he not found out, and does he not honour and respect, the good sterling qualities which he r*viiil ^^^ discovered in his professional brother, the French *Sailor ? L -I And are not these sentiments reciprocated by the men of both nations ? If such were doubted to be the case, if a convincing proof were wanting, the solution of the matter would be of no very great diffi- culty ; it were only necessary to consult the parties themselves, and it would instantly be placed far, far beyond all manner of doubt or denial ! Again, what is the opinion entertained by gentlemen of the Medical Profession in England with respect to the Practitioners and the Medical Schools of France ? Will it be said that the French Physician is not known and appreciated as he deserves to be by his professional brother in England ? He would be a bold man indeed who would venture an answer in the affirmative, for proofs are not wanting to show in the clearest possible manner and beyond all doubt, that the French Physician and Surgeon are both well known to their kindred in this country, and are looked up to and appreciated by them in proportion to their deserts, and to the high position which the French School of Medicine has justly obtained in the estimation of the known world. I therefore say again, it is a matter of great surprise and regret that the French Advocate should be ignored by his professional brethren in England. There may perhaps be a few Members of our Bar who are not totally unacquainted with the Bar as it exists in France at the pre- PREFACE. vii sent moment, but I doubt whether their knowledge on the subject extends much beyond the sphere of generalities ; at all events, of this I am fully convinced, that they form so small a portion of *the large |- ,. , family to which they belong, that they may be fairly looked <- -• upon as the exception to the general rule, and justify me in asserting that the English Bar, as a body, know nothing about, and appreciate still less, those gentlemen who hold the same professional position in France, as they themselves do in England. I would here be permitted to give an example by way of eluci- dation of what I have just said, and to show at the same time how far people may be led into error by others, who take their own impres- sions for authority in speaking of matters with which they are unac- quainted, or, in other words, where presumption usurps the seat of knowledge. Now it is well known to all those who have visited the Palace of Justice in Paris, that there is a large Hall or Chamber in which some of the Courts are situate, answering in some respects to our Westminster Hall, and called in French La Salle des Pas perdus. It will perhaps have been observed by attentive visitors, that there is a certain number of black boxes or desks distributed here and throughout this Hall, behind each of which a man is seated, with an extra chair or two by his side for the accommodation of the public. In France, there are several species of industry which are carried on, and by which a decent living may be procured, which are totally unknown or practised in this country, and of this description is the calling exercised by the men in question. They are known to the public as public writers, Ecrivains Publics; and their business is to- write let- ters, petitions, &c., *for those persons who cannot do so them- r « -• selves, for which the trifling sum of a franc or two is paid by *- J way of remuneration, according to the nature or length of their work. They sometimes also translate (not officially) and correspond in Foreign Languages, and form a very useful class of persons for those who do not enjoy the blessings of education. They are authorized to have their seats in the SaUe des Pas perdus, in consideration of their good charac- ter, as also for the sake of public convenience, it being a common centre of business, and necessarily drawing together large numbers of people. I recollect, not long ago, hearing a gentleman (learned in the law) publicly make the following erroneous and unjustifiable assertion with respect to the Members of the French Bar. He stated that, being on a visit to Paris, his curiosity naturally led him to the Palace of Justice, that is to the Courts, where he saw the French Barristers sitting in the Hall behind a black desk, evidently touting for business. He expressed himself much disgusted (as well he might be) at such a state of things, and clearly entertained a most contemptible idea of the French Bar, as well as of everything connected with it. This gentleman was most attentively listened to by his professional brethren around, by whom his ready assertion was as readily received, and no doubt believed ; and necessarily produced that effect which it was intended to convey, in the winds of his hearers ! viii JONES ON THE FRENCH BAR. P ^ . , Here, then, is an instance of the great danger of discoursing on a L J matter with which one is totally *unacquainted. This gentleman had simply confounded an ignoble class of men, a class only known to the world as Public Scribes, with an honourable, highly educated, distin- guished body, which can boast of having for its associates such men as Berryer, Chaix-d'Est-Ange, Paillet, Billault, Bethmont, Baroche, and many others of like distinction and social standing ! He had merely confounded the Public Scribe with the Lawyer, the Juriconsult, the Advocate, the Orator, the Statesman ! and in his error it is to be feared he was believed, that he led others astray, that he made converts ! It was then for the first time that I saw the opportunity, I might say the necessity, for some work on the French Bar, in order to destroy such erroneous ideas, and to give the French Advocate that position in the eyes of his professional brethren in England which he in every respect deserves ; it was then for the first time I thought, that if nobody else did undertake a work of that description, I would, according to the best of my humble ability ; and I only regret one thing, — but that I do regret with all sincerity, — which is, that the task of vindication has not fallen into abler hands than mine. The example above given is not the only one which I could cite of erroneous views on the Dignity of the French Bar, but it certainly is of a more serious nature than any others which have come under my observation. I have also thought the present moment for such a work the more seasonable, as the entente cordiale now so happily existing between Great P ^ .. -. Britain and France *is at its apogee ; it therefore becomes us as L -la nation to know our neighbours better, and every part of the nation to become better acquainted with those holding a correlative position in the other country. It is quite obvious that the more people know of each other's respective good qualities, the greater the intimacy becomes, which again begets a stronger degree of confidence, friendship, and mutual respect, and consequently the more difficult it becomes to sever those ties which such a happy state of things produces ; a state of things so necessary for the happiness and repose of mankind, which now exists between Great Britain and her former rival and foe, and which it is to be hoped will be lasting, for the sake of humanity and civilization. To such a noble end should all our energies be directed. In treating that part of my Work which relates to the History of the French Bar, my information has principally been derived from two sources. First, from personal intercourse with many distinguished Ad- vocates of the Paris Bar, with whose friendship I have been honoured during a residence of many years in that capital, and which has afforded mo an opportunity of studying the men in connection with their profes- sion, so as to enable me to speak on my subject with some degree of assurance and certainty ; and secondly, from an official work published on the matter by M. MoUot, and other competent authorities. In conclusion, I think I may say that when I have fully shown what l-^ ... -. are the preliminary studies required *by the University of France >- J of a young man in statu pupillari, and then what is required of him as an Advocate with regard to the etiquette and Dignity of his PREFACE. ix Order (if he would not incur the disgrace and dishonour of being struck off or erased from the Table,) I shall have shown quite sufficient to satisfy any impartial mind that upon the whole, whether we consider his Dignity, or his Learning, or both, the French Advocate can bear a comparison with the Advocate of any nation in the world, and may truly consider himself as being haud ulli secundus. ROBERT JONES. 4 King's Bench Walk, Inner Temple, 1855. POST SCRIPTUM. The compiling of the present Work has not been unattended with difficulty. A great portion of my text being derived from French sources, I have had to contend with the two languages. I have some- times felt afraid to depart too far from a literal translation, lest by so doing I might disturb the sense ; on the other hand, I have ever been alive to the inconvenience of keeping too close to the French, lest I might give too strong a foreign taint to my own language. But when- ever I have found the difficulty too *powerful to be surmounted p ;„ • -, I have not hesitated to adopt the latter alternative as the least of L J two evils, that is to say, I have preferred keeping close to the Fricnch text to distorting the sense by giving a translation too general. Those who have ever attempted such a work, are fully aware of all its difficul- ties, and will therefore readily pardon all short-comings in this respect ; those who. are not so, will, I trust, extend to me their kind indulgence in favour of my motives, and believe me when I assure them, that it is a far more difficult thing to translate than to compose in one's own native tongue. I have thought it necessary to commence my Work with an Analytical Notice of the French Courts of Law, their Officers and Practitioners ; first, because the Judicial System of France is so different from our own, and consequently little known to English Lawyers ; and secondly, as being necessary to the better understanding of what follows. I have also prefixed the present French Constitution, as well as the Laws establishing and regulating the Imperial Dignity, by way of Introduc- tion to the whole. R. J. INTRODUCTION. THE FRENCH CONSTITUTION, AND THE LAWS ESTABLISHING AND REGULATING THE IMPERIAL DIGNITY. SECTION I. THE FRENCH CONSTITUTION. {14ttk of January, 1852. — Promulgated the 22nd of the same Month.) LOUIS-NAPOLEON, PRESIDENT OP THE REPUBLIC IN THE NAME OP THE FRENCH PEOPLE. Frenchmen, When in my Proclamation of the 2nd of December, T loyally expressed to you what were, according to my ideas, the vital conditions of Power in Franc'e, I had not the pretension, so common now-a-days, to substitute a personal theory for the experience of ages. On the contrary, I have sought in the past the best examples to "follow, who are the men who have given them, and what has been their result. I have therefore thought it logical to prefer the precepts of genius to the specious doctrines of men of abstract ideas. I have taken as my model those Political Institutions which already, at the commencement of the present century, and under similar circumstances, strengthened Society, which had been shattered, and raised France to a high degree of prosperity and grandeur. I have taken for model. Institutions which, instead of disappearing at the first breath of popular agitatioa, were only overthrown by the coalition of all Europe against us. *In a word, I said to myself, since France has been regulated ^^ .-, for the last fifty years by the Administrative, Military, Judicial, L J Religious and Financial System of the Consulate and the Empire, why should we not adopt the Political Institutions of that period also ? Created by the same idea, they must necessarily carry with them the same character of nationality and practical utility. And, indeed, it is essential to observe, as I stated in my proclamation, our present Society is nothing else, than France regulated by the Revo- xii JONESONTHEPRBNCHBAR. lution of 1789, and organized by the Emperor ; there remains nothing of the ancient order of things but great souvenirs and great benefits. Everything that existed at that time was destroyed by the Kevolution, and everything which has been organized since the Revolution, and which at present exists, is the work of Napoleon. We have no longer the Provinces, or the States, the Parliaments, the lutendants, the Farmers-Greneral, or different Customs, Feudal Rights, or Privileged Classes in the exclusive possession of the Civil and Mili- tary Offices, or the different Religious Jurisdictions. The Revolution applied a radical reform to all these things which were incompatible with each other, but it founded nothing definitive in their places. The First Consul alone re-established Unity, Hierarchy, and the true principles of Government which are still in existence ; for instance, the Administra- tion of France confided to the Prefects, sub-Prefects, and the Mayors, which substituted Unity in the place of Directorial Commissions ; the decision of local affairs confided to the different Local Councils, froiy the Commune to the Department ; the Magistracy strengthened by the irre- moveability of the Judges, by the Hierarchy of the Tribunals ; justice rendered more easy by the Delimitation of Attributes, from the Justice of Peace to the Court of Cassation; all this is still in full force and vigour. So also our admirable Financial System, the Bank of France, the Establishment of the Budgets, the Court of Accounts, the Organiza- tion of the Police, and our Military Regulations date from the same epoch. For the last fifty years the Code Napoleon has regulated the interests of the people between one another, and the Concordat still regu- lates the connection of Church and State. Finally, the greater part of the measures which concern the progress of Industry, Commerce, Letters, Science, and Arts, from the Regulations r^ ..-, of the National Theatre to those of the Institute, from *the Insti- L -I tution of the Prud'liommes^ to the creation of the Legion of Honour, were established by decrees of that period. We may therefore assert, that .the framework of our social system is the work of the BJmpe- ror, that it has survived his fall and three successive Revolutions. Why then should not Political Institutions of the same origin have the same chances of duration ? My conviction had long been formed, and it was on that account that I submitted to your judgment the principal bases of a Constitution borrowed from that of the year VIII. Approved of by you, they are about to become the foundation of our Political Consti- tution. Let us now just examine the spirit of them. In our country, monarchical for upwards of eight hundred years, the Central Power has always gone on increasing. Royalty extinguished the great Vassals ; the Revolutions themselves caused the obstacles which were opposed to the rapid and uniform exercise of authority, to dis- appear. In this country of centralization. Public Opinion has always attributed everything to the Head of the Government, whether good or evil. Therefore, the placing at the head of a Charter that the Head of ' See Part. I. p. 39. INTRODUCTION. xiii the Nation is irresponsible, is to belie public sentiment, is to wish to establish a fiction which three times has vanished away under the thun- der of Revolutions. The present constitution, on the contrary, proclaims, that the Chief whom you have elected is responsible towards you ; that he has always the right of appealing to your sovereign judgment, so that under serious circumstances you may either continue or withdraw your trust and con- fidence from him. Being responsible, his action must be free and un- fettered; hence the necessity of his having Ministers as the honoured and powerful auxiliaries of his ideas, but who will no longer form a Council composed of members jointly responsible, a daily obstacle to the particular impulsion of the Head of the State, the expression of politics emanating from the Chambers, and on that very account exposed to those frequent changes which effectually prevent all kind of result, all appli- cation of a regular system. Nevertheless, the higher a man is placed, the more he is independent, the greater the degree of confidence reposed in him by the people, the more has he need of enlightened and conscientious counsel. Hence the necessity for a Council of State, henceforward *the real Counsel ^^ — , of the Government, the first wheel in our new organization, an L -^ Assembly of practical men elaborating projects of law in Special Com- missions, discussing them afterwards with closed doors, without oratori- cal ostentation in the General Assembly, and finally presenting them for acceptation to the Legislative Corps. Thus the Governing Power is free in its movements, enlightened in its march. Let us now see what will be the control exercised by the Assemblies. One Chamber, which takes the title of Legislative Corps, votes the Laws and the Taxes. It is elected by Universal Suffrage and without Scrutiny of the Ballot. The people choosing each candidate separately, can the more easily appreciate their merit. The Chamber will no longer be composed of more than about two hundred and sixty Members ; this is a first guarantee towards calm in its deliberations, for we have too often seen in the Assemblies the mobility and ardour of the passions in- crease by reason of the number. The report of the proceedings for the information of the nation will no longer, as formerly, be abandoned to the party spirit of every Public Journal; an Official Publication pre- pared by the care of the President of the Chamber will be the only one permitted. The Legislative Corps freely discusses the Law, adopts, or rejects it; but it cannot unexpectedly introduce any of those amendments which often disarrange the whole economy of a system, or the principle of the original Bill ; still less can it take the Parliamentary initiate which for- merly was the source of such great abuse, by allowing each Deputy to substitute himself on all occasions in the place of Government, and to present Bills which had never been studied or properly considered. The Chamber being no longer in the presence of the Ministers, and the Bills being supported by the Orators of the Council of State, no time will be lost in vain interpellations, frivolous accusations, impassioned struggles, the only motive for which was to overthrow the Ministers in order to xiv JONES ON THE FRENCH BAR. get their places. Thus, then, the deliberations of the Legislative Corps will be independent ; but the causes of sterile agitation will have been suppressed, the proper length of time will be given to the modifications of the law, and the Representatives of the Nation will perform their serious duties maturely. P^ . -| *Another Assembly takes the name of The Senate. It will L J be composed of those elements which in all Countries create legitimate influence; illustrious names, fortune, talent, and services rendered. The Senate will not be, like the Chamber of Peers, the pale reflection of the Chamber of Deputies, repeating, with a few days' interval, the same discussions in another key. It is the depository of the Funda- mental Pact and of the liberties compatible with the Constitution ; and it is solely on account of the great principles upon which our Society reposes, that it examines all the Laws and proposes new ones to the Executive Power. It intervenes to solve any serious difficulty which may arise during the absence of the Legislative Corps, or to explain the text of the Constitution, and to insure everything that is necessary to its progress. It possesses the right of annulling all arbitrary and illegal acts; and thus, enjoying the consideration which belongs to a body exclusively occupied in the examination of matters of great interest, and the application of greaf principles, it exercises in the State the indepen- dent, salutary, and conservative part of the ancient Parliaments. The Senate will not be, like the Chamber of Peers, transformed into a Court of Justice ; it will preserve its character of Supreme Moderator ; for unpopularity is sure to attach to political bodies, when once the Sanctuary of the Legislator becomes a Criminal Tribunal. The impartia- lity of the Judge is too often called into question, and he loses his prestige in public opinion, which sometimes even goes so far as to accuse him of being an instrument of passion or hatred. A High Court of Justice' chosen among the high Magistracy, having for its Jury the Members of the Councils-General of the whole of France, will alone repress all attempts against the Chief, of the State or the Public Safety. The Emperor said to the Council of State : " A Constitution is the work of time; too much room cannot he left for ameliorations." There- fore the present Constitution has only fixed that which it was impossible to leave in an uncertain state. It has not confined the destinies of a great people in an impenetrable circle ; it has left a large margin for changes, so that other means of safety may be found in critical moments, than the disastrous expedient of Revolutions. The Senate may, in (- ^ , concert with the Government, *modify anything which is not L J fundamental in the Constitution; but such modifications as apply to the primitive bases sanctioned by your suffrages, these cannot become definitive until they have received your ratification. Thus the people always remain masters of their destiny; nothing fundamental can be done contrary to their will. Such are the ideas, such are the principles of which you have autho- ' See infra, Part I., title High Court of Justice, p. 35. INTRODUCTION. xv rized me to make the application. May this Constitution give our country days of calm and prosperity ! May it prevent the return of those intestine struggles where victory, however legitimate it may be, is always dearly purchased ! May the sanction you have given my efforts be blessed by Heaven ! Thus peace will be assured at home and abroad, my vows will be complete, my mission accomplished ! CONSTITUTION. Made in pursuance of the Powers delegated by the French People to Louis- Napoleon Bonaparte, hy the vote of the 1\st and 22nd of December, 1851. The President of the Eepublio, Considering that the French people has been called on to pronounce upon the following Resolution : — " The people is desirous of a continuance of the authority of Louis- Napoleon Bonaparte, and gives him the powers necessary to make a Constitution according to the bases laid down in his Proclamation of the 2nd of December;" Considering that the bases proposed for the acceptation of the people were. " 1. A responsible Chief appointed for ten years ; " 2. Ministers dependant on the Executive Power alone ; " 3. A Council of State formed of the most distinguished men, to propose the Laws, and to support the discussion of them before the Legislative Corps ; *" 4. A Legislative Corps to discuss and vote the Laws, elected p^ . , by Universal Suffrage, without Scrutiny of the Ballot, which L -' falsi fies an election ; " 5. A Second Chamber, formed of all the Illustrations of the country, a preponderating power. Guardian of the Fundamental Pact and of the Public Liberties;" Considering that the people has answered affirmatively by seven millions five hundred thousand suffrages. Promulgates the constitution of which the following is the tenor : — Title I. Article 1. The Constitution acknowledges, confirms, and guarantees the great principles proclaimed in 1789, and which are the basis of the Public Law of the French people. Title II. 2. The Government of the French Republic is confided for ten years to Prince Louis-Napoleon Bonaparte, the present President of the Republic. * xvi JONBSONTHBFRBNCHBAR. 3. The President of the Republic governs by means of Ministers, a Council of 8tate, a Senate, and a Legislative Corps. 4. The Legislative Power shall be exercised by the President of the Republic, the Senate, and the Legislative Corps, collectively. Title III. 5. The President of the Republic is responsible to the French people, to ■whom he has always a right of Appeal. 6. The President of the Republic is the Head of the State ; he com- mands the land and sea forces, declares war, makes all treaties of peace, alliance, and commerce ; appoints to all public offices, makes all regula- tions and decrees necessary for the execution of the Laws. 7. Justice is rendered in his name. 8. He alone has the initiate of the Laws. 9. He has the Right of pardon. P^ .... *10. He sanctions and promulgates the Laws and the Senatus- L J consulta. 11. He presents, by a Message to the Senate and the Legislative Corps every year, the state of the aifairs of the Republic. 12. He has the right of declaring the State of Siege in one or several Departments j but. must refer to the Senate respecting the same, with the shortest possible delay. The consequences of the State of Seige are regulated by Law. 13. The Ministers depend on the Head of the State alone ; they are responsible for such acts of the Grovernment only, as concern each one separately ; there is no joint responsibility between them ; they can only be impeached by the Senate. 14. The Ministers, Members of the Senate, of the Legislative Corps, of the Council of State, Military and Naval Officers, Judges, and Public Functionaries, shall take the following oath : — I swear obedience to the Constitution and fidelity to the President. 15. A Senatfls-consultum shall fix the sum annually to be allowed to the President of the Republic for the whole term of his office. 16. If the President of the Republic should die before the expiration of his term, the Senate shall convoke the nation to a new election, 17. The Chief of the State has a right by a Secret Act, which he shall deposit in the Archives of the Senate, of designating to the people the citizen whom he would recommend to their suffrages. 18. Until the .election of the new President of the Republic, the President of the Senate shall govern, aided by the Ministers for the time being, forming a Council of Grovernment, and deliberating by a majority of votes. Title IV.— THE SENATE. 19. The number of Senators cannot exceed one hundred and fifty ; for the first year they shall be eighty. 20. The Senate is composed of : — First, the Cardinals, Field Marshall, and Admirals. INTRODUCTION. Xyii Secondly, of those Citizens whom the President of the Republic may think proper to elevate to the Dignity of Senator. 21. The Senators are appointed for life. *22. The functions of Senator are gratuitous; nevertheless^ ...-, the President of the Republic may grant the Senators, by rea-L*^^"'J son of services rendered or their position of fortune, a personal dotation, which must not exceed thirty thousand francs per annum. 23. The President and Vice-President are appointed by the President of the Republic, and chosen among the Senators. They shall be chosen for one year. The Salary of the President shall be fixed by a Decree. 24. The President of the Republic convokes and prorogues Jhe Senate. He fixes the duration of its Sessions by a Decree. The sittings of the Senate shall not be public. 25. The Senate is Guardian of the Fundamental Pact and of the Public Liberties. No Law can be promulgated before it has been sub- mitted to it. 26. The Senate will prevent the promulgation : First, of any Law which may be contrary or in any way hostile to the Constitution, religion, morality, religious freedom, personal liberty, the equality of all citizens before the Law, the inviolability of property, or to the principle of the irremoveability of the Judges ; Secondly, or of any Law which may compromise the defence of the territory. 27. The Senate will regulate by a Senatfls-consultum : — First the Constitution of the Colonies and of Algeria ; Secondly, any or everything which may not have been foreseen by the Constitution, and which may be necessary to its progress} Thirdly, the sense of those articles of the Constitution which may be open to different interpretations. 28. The Senatus-oonsulta shall be submitted to the sanction of the President of the Republic and promulgated by him. 29. The Senate maintains or annuls all acts which are submitted to it as unconstitutional by the Grovernment, or which may be denounced for the same cause by petition from the people. 30. The Senate may^ by a report addressed to the President of the Republic, propose the basis of any Law of great national interest. 31. It may also propose any modification of the Constitution. If the proposition be adopted by the Executive power, it is settled by a Sena- tus-consultum. 32. Nevertheless every modification of the fundamental r» . -, .... . I XXIV I basis of *the Constitution contained in the proclamation of the •- J 2nd of December, and adopted by the French people, must be submitted to Universal Suffrage. 33. In case of dissolution of the Legislative Corps, the Senate, on the proposition of the President of the Republic, provides, as a matter of urgency, for all that is necessary for carrying on the Government. June, 1856 — 2 XyJiJ JONES ON THE FRENCH BAR. Title V.— THE LEGISLATIVE COEPS. 34. The election has the whole population for its basis. 35. There shall be one Deputy at the Legislative Corps for every thirty-fi^e thousand electors. 36. The Deputies shall be elected by Universal Suffrage without Scru- tiny of the Ballot. 37. They shall receive no salary. 38. They shall be elected for six years. 39. The Legislative Corps discusses and votes all Laws and thd Taxes. 40. Every Amendment adopted by the Commission charged with the examination of a Bill, shall be sent back to the Council of State by the President of the Legislative Corps. If the amendment be not adopted by the Council of State, it cannot be submitted to the deliberation of the Legislative Corps. 41. The Ordinary Sessions of the Legislative Corps shall be three months; its sittings shall be public; but the request of five Members shall be sufficient to form it into a Secret Committee. 42. The Keport of the Sittings of the Legislative Corps by the Pub- lic Journals or any other means of publication, shall consist only of the Minutes of each Sitting prepared by the care of the President. 43. The President and Vice-President of the Legislative Corps shall be appointed by the President of the Republic for one year, and chosen among the Deputies. The salary of the President shall be fixed by a Decree. 44. Ministers cannot be Members of the Legislative Corps. 45. The right of Petition lies to the Senate; no Petition can be addressed to the Legislative Corps. 46. The President of the Republic convokes, adjourns, prorogues, and P -. dissolves the Legislative Corps. In case of a *dissolution, the L ^ ^J President of the Republic must convoke a new one within six months. Title VI.— THE COUNCIL OF STATE. 47. The number of Councillors of State in ordinary service is from forty to fifty. 48. The Councillors of State are appointed by the President of the Republic, and are revbcable by him. 49. The Council of State is presided over by the President of the Republic, and in his absence, by the person whom he designates as Vice-president of the Council of State. 50. The Council of State is charged with the drawing of Bills and the regulations of Public Ad ministration, and with the solution ■ of all difficulties which may arise in administrative matters, under the direc- tion of the President of the Republic. INTRDOUCTION. xix 51. It supports, in the name of the Government, the discussion of all Bills before the Senate and the Legislative Corps. Those Councillors who are charged with speaking in the name of the Grovernment are appointed by the President of the Kepublic. 52. The salary of every Councillor of State shall be twenty-five thousand francs. , 53. The ministers shall take rank, have a seat, and a deliberating voice in the Council of State. Title VII — THE HIGH COUET OF JUSTICE. 54, A High Court of Justice, without any appeal, or recourse in Cas- sation, shall try all such persons as may be sent before it on the ground of any crime, attempt, or conspiracy against the President of the Repub- lic or the interior or exterior safety of the State. It can only be convoked by a decree of the President of the Bepublic. 55. A SenatQs-consultum shall determine the organization of this Court.i *TiTLE VIII— GENERAL AND TRANSITORY DISPO- r-* -n SITIONS. L ^^^'-1 56. The existing Codes, Laws, and Rgulations which are not contrary to the present Constitution remain in full force and vigour until they shall be repealed. 57. A Law shall determine the Municipal Organization . Th& Mayors shall be appointed by the Executive Power, and need not be chosen from the Municipal Council. 58. The present Constitution shall be in force from the day on which the great bodies of the State, which it organizes, shall be constituted. 69. The Decrees rendered by the President of the Republic from the 2nd of December up to that period, shall have the force of Law. ' See infra, Part I. p. 35, the High Court of Justice. XX JONES ON THE FRENCH BAR. [*xxvii] ^SECTION II. THE LAWS, SENATUS-CONSULTA, AND DECREES ESTABLISHING AND REGULATING THE IMPERIAL DIGNITY. 1. Sbnatus-Consultum Oftlie lih of November, 1852, modifying the Constitution. The Senate has deliberated conformably to the 31st and 32nd Articles of the Constitution, and has voted the Senatiis-consultum following, that is to say : Article 1. The Imperial Dignity is re-established. Louis Napoleon Bonaparte is Emperor of the French under the name of Napoleon III. 2. The Imperial Dignity is hereditary in the direct and legitimate descendants of Louis Napoleon Bonaparte from male to male by order of primogeniture, and to the perpetual exclusion of females and their descendants. 3. If Louis Napoleon Bonaparte has no male issue, he may adopt the legitimate children and descendants of the male sex of the brothers of the Emperor Napoleon L The form of the adoption shall be regulated by a Senatfls-consultum. If after adoption Louis Napoleon Bonaparte should happen to have any male issue, his adoptive sons cannot be called to the succession till after his legitimate descendants. No adoption will be allowed to the successors of Louis Napoleon Bonaparte or to their descendants. 4. Louis Napoleon Bonaparte will regulate by an Organic Decree addressed to the Senate, and deposited in its Archives, the order of suc- cession in the Bonaparte family, in case he should leave no direct heir, either legitimate or adoptive. r* •"1 *^' ^^ "^^^ there should be no legitimate or adoptive heir L -I of Louis Napoleon Bonaparte, or of those successors of the collateral line who may derive their right from the above-mentioned Or- ganic Decree, a Senatfls-oonsultum, proposed to the Senate by the Minis- ters formed into a Council of Government, with the adjunction of the Presidents for the time being of the Senate, the Legislative Corps, and the Council of State, and submitted to the approbation of the people, names the Emperor and regulates in his family the Order of Hereditary Succession from male to male, to the perpetual exclusion of females and their descendants. Until such time as the new Emperor shall have been elected, the affairs of State shall be carried on by the Ministers for the time being, INTRODUCTION. xxi ■who shall form themselves into a Council of Grovernment, and shall de- liberate by a majority of votes. 6. Those members of the family of Louis Napoleon Bonaparte who may be eventually called to the Succession, and their descendants of both sexes, form part of the Imperial Family. A Senatus-consultum will regulate their position. They must not marry without the author- ization of the Emperor. Any marriage contracted without such author- ization shall operate as a bar to the Eight of Succession, as well on the part of the person so marrying as of his descendants. Nevertheless, if there should be no issue born of such marriage, and such marriage should be dissolved by the death of the wife, the Prince who had contracted such marriage, shall recover his Bights to the Succession. Louis Napoleon Bonaparte shall fix the titles and the condition of the other members of the family. The Emperor has full power and authority over all the members of his family ; he shall regulate their duties and obligations by Statutes which shall have the force of Law. 7. The Constitution of the 14th of January, 1852, is maintained in all its dispositions, which are not contrary to the present Senatus-con- sultum, and no modifications can be made thereto except in the form and by the means which it provides. 8. The following proposition shall be presented to the approbation of the French people in the manner laid down by the Decrees of the 2nd and 4th of December, 1851 : — " The French people is desirous of the re-establishment of the Imperial Dignity in the person of Louis Napoleon Bonaparte and *his ^^ . , descendants in a direct line, legitimate or adoptive, and gives •- -I him the right of regulating the Order of Succession to the Throne in the Bonaparte Family, as provided by the Senatus-consultum of the 7th of November, 1852." 2. Imperial Decree Ofiheind of December, 1852, which promulgates and declares as Law of the State, the Senatus-consultum of the 7th of November, 1852, ratified by the Plebiscite of the 2\st and '■12nd of November. Napoleon, by the Grace of God and the National Will, Emperor of the French, to all present and to come. Greeting. Having seen the Senatds-consnltum of the 7th of November, 1852, which submits to the people the Plebiscite, of which the following is a copy : — " The people is desirous of the re-establishment of the Imperial Dig- nity in the person of Louis Napoleon Bonaparte and his descendants in a direct line, legitimate or adoptive, and gives him the right of regulat- xxii JONES ON THE FRENCH BAR. ing the Order of Succession to the Throne in the Bonaparte Family,, as provided by the Senatfis-consultum of the 7th of November, 1852." Having seen the Declaration from the Legislative Corps which states : — That the Operations of the Vote have been freely and properly accom- plished everywhere ; That the general Verification of the Suffrages emitted on the project of the Plebiscite, shows seven millions eight hundred and twenty-four thousand one hundred and eighty-nine (7,824,18&) ballot-papers inscribed with the word oui; Two hundred and fifty-three thousand one hundred and forty-five (253,145) inscribed with the word non; Sixty-three thousand three hundred and twenty-six (63,326) null ; We have decreed, and we depree as follows :— Article 1. The Senatus-consultum of the 7th of November, 1852, P^ -. *ratified by the Plebiscite of the 21st and 22d of November, is L J promulgated, and becomes Law of the State. 2. Louis Napoleon Bonaparte is Emperor of the French under the name oi Napoleon III. 3. Oeoanto Degree. Of the \%th December, 1852, which regulates, conformably to Article 4 of the Senatus-consultum of the 1th of November, 1852, the Order of Succession to the Throne in the Bonaparte Family. Article 1. In case we should leave no direct Heir, either legitimate or adoptive, Our dearly-beloved Uncle, Jerome Napoleon Bonaparte and his direct legitimate descendants, issue of his marriage with the Princess Catherine of Wurtembercf, from male to male by order of primogeniture, and to the perpetual exclusion of females, are called upon to succeed us. 2. The present Decree, impressed with the Seal of State, shall be taken to the Senate by our Minister of State, and deposited in its Archives. 4. Senatus-Consultum Of the 25th of December, 1852, interpreting and modifying the Consti- tution of the \^th of Jomuary, 1852. Article 1. The Emperor has the Eight of Pardon and granting Amnesties. 2. The Emperor presides at the Senate and the Council of State whenever he thinks proper. INTRODUCTION. xxii 3- AH Treaties of Commerce made in pursuance of Article 6 of the Constitution have the force of Law with regard to the *modifioa- j.^ tions of the Tariff which may be stipulated thereby. t ^^^U 4. All works of public utility, especially such as are mentioned by Article 10, of the Law of the 21st of April, 1832, and Article 3, of the Law of the Srd of May, 1841, and all undertakings of general interest, are ordered or authorized by Decrees of the Empjgror. These Decrees shall be rendered in the forms prescribed for the Kegulations of Public Administration. Nevertheless, if these works or undertakings entail as a condition any engagement or subsidy on the part of the Treasury, the credit must be given or the engagement ratified by a Law, before they can be put in execution. But if the works are to be executed for account of Government, and are not of a nature to become afterwards, the object of a concession, the credits may be opened in case of urgency according to the forms pre- scribed for extraordinary credits, and such credits shall be submitted to the Legislative Corps at the next Session. 5. The dispositions of the Organic Decree of the 22nd of March, 1852,1 may be modified by Decrees of the Emperor. 6. The members of the Imperial Family eventually called to the Succession, and their descendants, shall have the title of French Princes. The Eldest Son of the Emperor shall have the title of Prince Imperial. 7. The French Princes shall be Members of the Senate and the Council of State when they have attained the full age of eighteen. They shall not take their seats therein without the consent of the Emperor. 8. The Civil Acts^ relating to the Imperial Family shall be received by the Minister of State, and transmitted, by command of the Emperor, to the Senate, which shall order an Inscription of them to be made on its Registry, and deposit them in its Archives. 9. The Dotation of the Crown and the Civil List of the Emperor *shall be regulated for the duration of each reign by a Senatfis- ^ ^ .. , consultum. <- •> 10. The number of Senators to be appointed by the Emperor must not exceed one hundred and fifty. 11. An annual dotation of thirty thousand francs is attached to the Dignity of Senator. 12. The Budget of Expenses is presented to the Legislative Corps, with its administrative subdivisions, by chapters and articles. It is voted on account of each Minister separately. ' This is the Decree which regulates the relations of the Senate and the Legis- lative Corps with the President of the Republic and the Council of State, and es- tablishes the organic conditions of their Attributes. s The declaration to the civil officer of births, marriages, or deaths, and the re- gistry thereof as required by law, is called in French an Acte de VEtat civil. See Civil Code, book i. title ii. articles 34 and following. xxiv JONES ON THE FRENCH BAR. The Division by chapters of the credit accorded to each Ministry is regulated by a Decree of the Emperor made in the Council of State, Special Decrees rendered in the same form and manner may authorize the transfer of one chapter to anothar. This disposition shall be appli- cable to the Budget of 1853. 13. The Keport made in pursuance of Article 42 of the Constitution, shall be submitted before its publication to a Commission composed of the President of the Legislative Corps, and of the Presidents of each Committee. In case of a difference of opinion, the vote of the President of the Legislative Corps shall preponderate. The Minute of the Sitting to be read to the Assembly shall only state the operations and the votes of the Legislative Corps. 14. The Members of the Legislative Corps shall receive an indemnity of two thousand five hundred francs for every month of the Session, whether ordinary or extraordinary. 15. General ofiScers placed on the list of reserve may be Members of the Legislative Corps. Their seats become vacant if they are called on active service, according to Article 5 of the Decree of the 1st of De- cember, 1852, and Article 3 of the Law of the 4th of August, 1889. 16. The Oath prescribed by Article 14 of the Constitution, is as follows : " I swear obedience to the Constitution and fidelity to the Emperor." 17. Articles 2, 9, 11, 15, 16, 17, 18, 19, 22 and 37 of the Constitu- tion of the 14th of January, 1852, are repealed. TABLE OF CONTENTS. The pages referred to are those between brackets [ ]. Preface, . , . , , . i INTRODUCTION, CONTAINING THE FRENCH CONSTITTTTION AND THE LAWS ESTABLISHING AND REGULATING THE IMPERIAL DIGNITY. Sect I. The French Constitution of the 14th of January, 1852, . xi II. The Laws, Senatlis-conaulta, and Decrees establishing and regu- lating the Imperial Dignity, . . . xxvi 1. The Senatus-consultum of the 7th of November, 1852, modify- ing the Constitution, . . . xxvi 2. The Imperial Decree of the 2d of December, 1852, which pro- mulgates and declares as Law of the State the Senatus- consultum of the 7th of November, 1852, ratified by the Plebiscite of the 21st and 22d of November, . . xxi: 3. The Organic Decree of the 18th of December, 1852, which regulates conformably to Article 4, of the Senat the pretext that this officer was not, in fact, the one of the domicil, even though proof might be offered in sup- port of the proposition, for by so doing it would be going into the 46 JONBSQNTHBFRENCHBAE. merits ; but if a Court of Appeal were to decide that the civil officer was not the officer of the domicil of one of the parties, and that never- theless the marriage was valid, here the Court of Cassation could annul this ruling, because the Court of Appeal would have violated Article 191 of the Civil Code. The judgipents of judges of the peace are not susceptible of being quashed, excepting when those judges exceed their powers. The judg- ments of military and maritime tribunals may be quashed on the grounds of incompetency or excess of power. In civil cases the application to the Court of Cassation must be made within three months from the day of the signification of the judgment to the person personally, or at his residence. In criminal and police cases, the delay given is three days from the day of pronouncing judgment, and sometimes twenty-four hours only. The first formality to be observed in civil and police cases (but not in criminal) is, to deposit a sum of one hundred and fifty francs, if the judgment is contradictory, and seventy-five francs when the judgment r *9fi 1 '® ^y default, unless the applicant produces a certificate *of indi- L J gence, delivered by the mayor of his commune, visi'd by the sub-prefect, and approved, not simply authenticated, by the prefect of the department. The application in civil cases to the Court of Cassation does not stay the execution of the judgment of the court or tribunal below. The criminal and police cases are taken direct to the criminal chamber ; but in civil matters a report of the application is first made by one of the counsellors, to that sectipn of the court called the Chamber of Requests, which can either admit or reject the application : if it be dismissed, the affair is irrevocably determined, and the applicant forfeits the sum deposited ; if the application be admitted, the applicant notifying to his adversary, who is never a party before the Chamber of Requests, the order of admission within three months from the day on which it was made, summonses him at the same time to appear before the Civil Chamber, in order to defend the judgment attacked, within the delay prescribed by the regulation of 1738. If the civil section quashes the judgment, the deposit of one hundred and fifty francs is returned, and the matter is sent before another court to decide on the merits ; but if it does not, then the judgment which has been impugned, survives with all its effects, and the applicant is sentenced to a fine of one hundred and fifty francs towards the other party, and to three hundred francs towards the state, in which is included the one hundred and fifty francs already deposited. The attorney-general of the Court of Cassation can also take proceedings before the Court of Cassation in the interest of the law ; but in that case the judgments quashed are still in force as between the parties. The Court of Cassation is composed of forty-nine counsellors or judges, including a first president and three presidents of chamber, an attorney- general, and six advocates-general, one head registrar appointed by the sovereign, four deputy registrars appointed by the registrar, and a certain number bf ushers. It is divided into three chambers, one called of requests, one civil, and one criminal and police ; and neither chamber THE COURT OP ACCOUNTS. 47 can give judgment unless it be composed of *eleven counsellors p ^n„ ^ at the least, including the president. The judges are appointed L J by the sovereign, and for life. The law of the 27 Ventose, year VII., established certain oflScers at the Court of Cassation who were charged with the fulfilment of those duties which the advocates of the royal council of state had exercised previously to its suppression, and the decree of the 25th June, 1806, conferred upon them the title of advocates. A decree of the 11th June preceding had already instituted advocates at the council of state, with the exclusive right of signing all documents, papers, petitions, and writings for parties in all matters of a contentious nature. The council of state being placed at the summit of the administrative hierarchy, as the Court of Cassation is of the judicial, it was natural and desirable that the functions of the advocates of the council and the court should be united in the same person, which was carried out by the Ordinance of the 10th Sept. 1817, as follows : — " Art. 1. The order of advocates at our councils, and the College of Advocates at the Court of Cassation, are united under the denomination Order of Advocates at the Councils of the King and at the Court of %issation. Art. 2. The functions for the future shall be inseparable. Art. 3. Their number is irrevocably fixed at 60." So that the advocates of the council of state and at the Court of Cassation at present enjoy the twofold and exclusive privilege, first, of conducting the procedure, arguing, and pleading before the Court of Cassation ; and, secondly, of presenting before the council of state all contentious matters of the administrative order. More recent adminis- trative decisions have also determined, that these advocates alone shall be admitted with the parties to defend, in contentious matters, those interests (often most important) which are discussed in the difierent ministerial departments, between the public administration and private individuals. This jurisdiction was instituted by the decree of the 27th Nov., 1790. *VII. [*28] THE COURT OF ACCOUNTS. DEFINITION. — ORGANIZATION OF THE COURT. — ITS DUTIES. — ITS JUDI- CIAL FUNCTIONS APPOINTMENT OF ITS MEMBERS COMPOSITION OF THE COURT. — DIVISION INTO CHAMBERS. — DUTIES OF EACH CHAMBER. DECISIONS PERMUTATION. — REFERENDARY COUNSELLORS. CHAMBER OF CpUNCIL. — ^APPEAL. Although, strictly speaking, the Court of Accounts is not a court of law, inasmuch as it was instituted solely for the purpose of controlling and verifying the public accounts, that is, the receipts and expenditure of the nation and those public functionaries who are entrusted with the 48 JONES ON THJS FRENCH BAR. same, and consequently affects a small portion of the community only, still, as it has certain judicial powers attached to it, and is organized on the same principle as the courts of law properlyso called, we have thought it desirable to offer a few remarks on this institution, showing the nature of its duties, its composition, &c. The Court of Accounts was organized by the law of the 16th Sept., 1807, and is charged' with the verification and control of the public receipts and expenses, which are presented to it every year by the receivers-general, the paymasters of the public treasury, the receivers of the registration duties^ the stamps, the state domains, the receivers of customs, the receivers of indirect taxes, directors of post-offices, of the different mints, the central cashier of the public treasury, and the responsible agent for- the transfer of accounts. It also verifies and con- trols the annual accounts of the treasurers of the colonies, of the treasurer- general of invalides at the navy- department, of the stewards of the imperial colleges or lyceums, of the commissaries of gunpowder and saltpetre, of the agent responsible for the transfer ' of the stock of the r #oQ -I public debt, of the agent responsible for the public debt book L J *itself, of the agent responsiMe for annuities, of the cashier of the sinking fund, deposits, and consignations, of the cashier of the imperial printing-ofiSce, of the cashier of the salt-works in the East, of the receivers of communes, poor-houses, and charitable institutions, where their incomes amount to the sum fixed by the laws and regula- lations, and lastly, all accounts which are attributed to it by law or any i ordinance. All those who are accountable' for any public ■ moneys are bound to furnish and leave their accounts at the registry of the court within the time prescribed by the laws and regulations ; and in case of default or delay, the court may sentence them to such fines and punishments as by such laws and regulations are enacted. The members of the Court of Accounts are appointed by the sovereign for life ; and the court itself takes rank next after the Court of Cassation, and enjoys the same privileges. It is composed of a first president, three presidents, eighteen counsellor-masters of account, eighty referendary councellors divided into two classes, eighteen in the first and sixty-two in the second, an attorney-general, a head registrar and deputies, and the necessary number of ushers. There are three chambers, each com- posed of a president and six masters of accounts ; the . first president can preside in either chamber, when he thinks fit. The duties of the three chambers are as follows : — the first chamber takes cognizance of the accounts relative to the public receipts ; the second, those relative to the public expenses ; and the third, the accounts which relate to the receipts and expenses of the departments and communes whose budgets are fixed by the state. A fourth temporary chamber .has been estab- lished by the decree of the 15th of January, 1852, composed of five counsellor-masters including the president. The eighteen masters are divided among the chambers by the first president, and no chamber can • adjudicate with less than five members. The decisions are taken by the majority of opinion, and in case of an equal division, the opinion of COUNCIL OF STATE. 49 the president predominates. On the 1st of March in every year, a permutation takes place in the composition *of each chamber, , ^„„ - by the order and under the directions of the first president. "- J The referendary counsellors are not attached to any chamber in par- ticular. They are charged with the making of the reports of the accounts, and have no deliberating voice. The chambers meet together when necessary, to form the chamber of council. An appeal lies from the orders of this court to the council of state, either on the part of the individual functionary or any minister whose department it may concern, whenever either party may consider that an order should be quashed on the ground of a violation of form of proce- dure, or an erroneous interpretation of law. This leads us therefore to consider the council of state. VIII. THE COUNCIL OF STATE. ORGANIZATION. — DEFINITION. — COMPOSITION. — APPOINTMENT AND KE- VOCATION OP COUNCILLORS. — THE PRESIDENT. COUNCILLORS OP STATE IN ORDINARY SERVICE, AND MASTERS OP REQUESTS. — COUN- CILLORS OP STATE IN EXTRAORDINARY SERVICE. — QUALIFICATION FOR AUDITORSHIP. — DIVISION OF COUNCIL INTO SECTIONS. — DELIBE- RATIONS OF THE GENERAL ASSEMBLY. PROMULGATION OF DECREES. — ^DISCUSSION OF PROJECTS OP LAW BEFORE THE LEGISLATIVE ASSEM- BLIES. — THE JUDICIAL SECTION. — FUNCTIONS. — COMPOSITION. — DELI- BERATIONS. — GOVERNMENT COMMISSARIES. SPECIAL ASSEMBLY. — COMPOSITION. — MODE OF PROCEEDING. — THE DELIBERATION. THE DECREE. THE REVISION. The law which organized the council of state, as it at present exists in France, is that of the 25th of January, 1852. The duties and func- tions of the council of state are as follows : — It prepares all |- ^„., - projects of law (under the direction of the sovereign,) and sup- L J ports the discussion of them before the legislative house {Oorps Legis- latif.\ It also prepares all decrees, whether relating to administrative matters, the examination of which is submitted to it by legislative or reglementary enactments, or to contentious administrative matters, or to any conflict of attributes between the administrative and judicial autho- rities. It is necessarily called upon to advise upon all decrees touching the regulation of public administration, or which are about to be pro- mulgated in the form of regulations. It also takes oongnizance as a court of high administrative police of such acts of public functionaries as may be submitted to it by the sovereign. The council of state is thus composed: — 1. Of a Vice-president appointed by the sovereign : — 2. Of from forty to fifty councillors of state in ordinary service : — 3. Of councillors of state in ordinary service, June, 1856.— 4 50 JONES ON THE FBENCH BAR. not comprised in the sections, the nu mber of whom however must not exceed fifteen : — 4. Of councillors of state in extraordinary service, whose number mast not exceed twenty: — 5. Of forty masters of requests divided into two classes of twenty each : — 6. Of eighty auditors divided into two classes, twenty of the first and sixty of the second. A secretary-general, having the rank and title of master of requests, is also attached to the council of state. All the ministers have a seat and a deliberating voice in the council, the members of which are appointed and revoked by the sovereign at his pleasure. The council of state is presided over by the sovereign, and in his absence by the vice-president. The latter also presides, when he thinks fit, over the different administrative sections, as well as the general assembly, when sitting on contentious matter. Councillors of state in ordinary service and masters of requests cannot be senators or members of the legislative body ; and their functions are incompatible with any other public office to which a salary is attached. Nevertheless, general ofiScers of the army and navy may be councillors of state in ordinary r *Q0 T service, and in such case *they are considered as being on L -I detached duty, so that their right to seniority may not be pre- judiced. Those councillors of state in ordinary service who do not form part of the sections, are chosen among such persons as fill high official appointments. They take part in the deliberations of the general assem- bly of the council of state, and have a deliberating voice therein, but they do not receive any salary or indemnity as councillors of State. The councillors of state in extraordinary service assist, and have a deliberating voice, at such of the general meetings of the council to which they have been convoked by the special order of the sovereign. No one is elegible for the post of auditor at the council of state, unless he has taken the degree of doctor or licenciate in one of the faculties, or has been admitted into the polytechnic school, the school of Saint Cyr, or the naval school ; or if he has not been held admissible by a board of exami- ners, composed of three members of the council of state ; and no person is allowed to present himself as a candidate for such examination unless he be inscribed on a list which has been approved of by the sovereign. The council of state is divided into six sections, that is to say : — 1. the Section of Legislation, Justice, and Foreign affairs : — 2. the Judicial Section; — 3. the Section of the Interior, Public Instruction, and Public Worship; — i, the Section of Public Works, Agriculture, and Com- merce; — 5. the Section of War and the Navy Departments; — 6. the Section of Finance. Each section is presided over by a councillor of state, who is appointed president of section by the sovereign. The deliberations of the council of state on the report made by the councillors of state on all projects of law and important matters, and by the masters of requests on all other matters, are taken at the general assembly by the majority of votes. Masters of requests and auditors of the first class assist at the general assembly ; but auditors of the first class cannot assist at those general assemblies at which the sovereign [*33] presides without a special authorization. *Masters of requests can give their opinion in all matters, but they have no deliberat- COUNCIL OF STATE. 51 ing voice except in matters where they act as reporters. The council cannot deliberate unless twenty members, having the right of deliberation, are present, exclusive of the ministers ; and in case of an equal division in opinion, the vote of the president preponderates. The decrees which are promulgated after the deliberation of the geheral assemby mention that the council has been heard ; those promulgated after the deliberation of the special assembly of the council on contentious matters, mention the council of state on contentious matters has been heard; and, lastly, those promulgated after the deliberation of one or more of the sections, indicate the sections that have been heard. The sovereign appoints three councillors of state to support the discussion of every project of law which is presented to the legislative corps or to the senate. The judicial section is charged with the direction of the written in- struction and the preparing the report of all matters of a contentious nature, as well as of those conflicts of attributes which sometimes arise between the administrative and judicial authorities. It is composed of six councillors of state, including the president, and of the number of masters of requests and auditors determined by the regulations. It can- not deliberate unless five at least of its members, having a deliberating voice, are present. The masters of requests have a right of opinion on all matters, but no deliberating voice except in those of which they may be the reporters. The auditors have only a right of opinion in the cases, of which they have prepared the report. Three masters of requests are appointed by the sovereign to fill the functions of government commissaries with regard to contentious admi- nistrative matters, and they assist at the deliberations of the judicial section. The report of all matters is made in the name of the judicial section at a public sitting of an assembly of the council of state specially formed for the purpose. The assembly is thus composed : — 1. of the members of the judicial section ; — 2. of ten councillors *of State, (- ^„. -, appointed by the sovereign, and taken in equal numbers from all L J the sections, one half of whom are renewed every two years, and the assembly is presided over by the president of the section. After the report is made, the advocates of the parties are allowed to make their observations, and the commissary of the government makes his conclu- sions in each affair. Those affairs in which no advocate appears, are not taken at the public sittings, unless one of the councillors of the section or the government commissary, to whom they are always communicated beforehand, should require it. The members of the council of state cannot participate in any delibe- ration relative to an application against the decision of a minister, when that decision has been prepared by a deliberation of a section in which they have taken part. The council cannot deliberate on contentious matters unless eleven members at least, having a right to deliberate, are present ; and in the event of an equal division of opinion, the voice of the president predominates. The deliberation is not public; the project of the decree is transcribed on the minutes of the deliberation, which minutes also mention the names of those members present who have de- liberated. A copy of the project is signed by the president of the judi- 52 JONESON. THBFRENCHBAK. cial section, and presented by the vice-president of the council of state to the sovereign, and the decree which thereupon follows is counter- signed by the keeper of the seals, minister of justice. If this decree be not conformable to the project proposed by the council of state, it is in- serted in the Moniteur and the Bulletin des Lois. In all cases, however, the decree is read at a public sitting : and whenever the provisions of the the law have not been strictly observed, it may be made the subject of a revision. We have already adverted to the advooates(A) who have the exclusive right to practice before the council of state, which has also its registrar, and a limited number of ushers, like a court of law. [ *35 ] *IX. THE HIGH COUKT OF JUSTICE. DSriNITION AND FUNCTIONS. — COMPOSITION. — THE INSTRUCTION. — THE HEARING AND THE JUDGMENT. — TRANSITORY DISPOSITIONS. This court of high and special jurisdiction is not of a permanent cha- racter; that is, although the judges are appointed every year by the sovereign, the court itself cannot assemble without an imperial decree to that effect. Its judicial functions were formerly exercised by the chamber of peers, but after the abolition of that institution in 1848, they were vested in a high court of justice which the republic created for th^t pur- pose. It takes cognizance of all crimes, attempts, or conspiracies, whether against the sovereign or the safety of the State, and is, as it at present exists, regulated by the senatHs-consultum of the 10th of July, 1852, which is to the following- effect : — TITLE I. THE COMPOSITION Of THE HIGH COURT. Article 1. The high court of justice, created by Article 54, of the con- stitution, is composed, first, of a chamber of accusation, and of a chamber of judgment formed of judges chosen among the members of the Court of Cassation ; secondly, of a high jury chosen among the members of the councils-general of the departments. 2. Each chamber is composed of five judges and five supplementary judges. 3. The judges and supplementary judges of each chamber shall be r*361 "^"^^"^ every year in the month of November by *the president L -I of the republic. Nevertheless, the chambers of the high court shall remain seized, over and above the term of one year fixed for the duration of their powers, of the instruction and judgment of such matters as may have been referred to them respectively. 4. In case of a vacancy either by the death or resignation of a judge, (A) See supra, p. 27. THE INSTRUCTION. 53 the judge appointed in his place shall remain in office for such time only as shall reflaain unexpired of the powers granted to his predecessor. 5. The decree of the president of the republic convoking the high court, designates the judge who shall act as president in each chamber. The attorney-general of the high court of justice, and the other officers of the public ministry, shall be appointed for every affair by the decree of the president of the republic which convokes the high court. 6. The president of each chamber appoints a registrar, who shall take the oath. The procedure and decisions of the high court shall be de- posited in the registry of the Court of Cassation. 7. The high jury is composed of thirty-six jurymen and four supple- mentary jurymen. TITLE II. THE INSTRUCTION. 8. The officer of the public ministry who shall receive any information which may lead him to suspect the existence of either of the crimes men- tioned in Article 54, of the constitution, is bound to transmit to the minister of justice, with as little delay as possible, a copy of all reports, denunciations, complaints, and all other papers in support of the accusa- tion. Nevertheless, the instruction of the affair must be continued with- out interruption. 9. If the chamber of accusations of a Court of Appeal be called upon to decide on any matter which would fall *within the competency ^ ^q^ -i of the high court, the attorney-general must obtain a stay of pro- L -■ ceedings, and request that the papers may be sent to the minister of justice ; the chamber must order a stay of proceedings, and even should do so ex officio. 10. In the case laid down by the preceding article, the papers shall immediately be transmitted to the minister of justice. If within fifteen days a decree of the president of the republic has not convoked the high court, the papers shall be sent back to the attorney-general, and the Court of Appeal shall proceed according to the provisions of the code of criminal instruction. The high court can always be seized of an affair at any time before the Court of Appeal has given its deci- sion. 11. As soon as a decree of the president of the republic has charged the high court of justice with the cognizance of an affair, the cham- ber of accusations of the high court shall immediately enter upon its functions. 12. Its jurisdiction extends over the whole of the territory of the republic ; it proceeds according to the dispositions of the code of crim- inal instruction. If the fact does not constitute a crime within the competency of the high court, it orders the matter to be sent back to the competent judge, whom it designates. 13. Its decisions are attributable to its own jurisdiction alone, and are not susceptible of any appeal. 54 JONES ON THE FRENCH BAR. 14. If the chamber of accusations of the high court sends any mat- ter before the chamber of judgment, the president of the republic con- vokes that chamber, fixes the town or city in which the sittings are to be held, and the day for the opening of the debates. 15. Within the ten days which follow the decree of convocation, the first president of the Court of Appeal, and in case there be no Court of Appeal, then the president of the tribunal of first instance of the chief town of the department, draws, by lot and at a public sitting, the name of one of the members of the council-general. *qo T *16. The functions of a high juryman are incompatible with L J those of — Minister, Senator, Deputy of the legislative corps. Member of the council of state. The incompatibilities, incapacities, and excuses resulting from the law on juries, are applicable to the jurymen of the high court. TITLE III. THE HEARING AND THE JUDGMENT. 17. The dispositions, forms and delays prescribed by the Code of Criminal Instruction, which are not contrary to the constitution and the present law, will be observed by the high court. 18. On the day indicated for the trial, if there be less than sixty jurymen present, this number shall be completed by supplementary jurymen drawn for by lot by the president of the high court among the members of the counoil-generalf of the department within which it is sitting. 19. A member of the council-general who has filled the same func- tions within two years, cannot form part of the high jury. 20. A high juryman absent without a lawful excuse, may be fined in a sum of not less than one thousand francs or more than ten thousand francs, and may also be deprived of his political rights during one year at the least, and five years at the most. 21. Both the accused and the public minister has aright to challenge, conformably to the law on juries. 22. The declaration of the high jury that the accused is guilty, and the declaration to the eflfect that there exist attenuating circumstances in favour of the party found guilty, must be made by a majority of more than twenty. The punishment shall be pronounced conformably to the dispositions of the Penal Code. THE COUNCIL OF PRUD'HOMMES. 55 *TITLE IV. [ »39 ] TRANSITORY DISPOSITIONS. 23. The first nomination of'judges and supplementary judges of the high court shall take place within fifteen days from the promulgation of the present senatus-consuUum, and shall be renewed in the month of November next. v X. THE COUNCIL OF PRUD'HOMMES. DEFINITION. THE FIRST ESTABLISHMENT OF THIS SPECIES OF TRIBU- NAL ^ITS POWERS APPEAL. — OTHER ATTRIBUTES CREATION OF NEW COUNCILS. The council of Prud'hommes is a species of tribunal instituted, in two localities only in France, for the purpose of settling, by means of conciliation, those trifling differences which daily arise between manufac- turers and their workmen, or between master-workmen, companions and apprentices. The first council of this description was instituted at Lyons by the law of the 18th of March, 1806, in favour of the silk trade and those other trades immediately connected therewith. The council is composed of manufacturers, mercers, master-workmen, foremen, dyers, and common workmen elected among themselves. Whenever the means of conciliation fail, the council can finally dispose of all cases where the sum in dispute does not exceed two hundred francs; but it may take cognizance of all other contestations between manufacturers, tradesmen, master-workmen, foremen, workmen, com- panions, and apprentices, whatever may be the amount in dis- ^ ^ , ^ , pute, *subject to appeal to the tribunal of commerce, if there L J be one in the district, or, if not, to the tribunal of first instance. There are other functions besides those of a judicial nature which belong to this institution ; as, for instance, the inspection of the work- shops, but with a view of obtaining information as to the number of looms and workmen only; or the council may be assembled by the administra- tive authorities whenever the latter may think fit, to give its opinion on any questions which may be submitted to it. Since 180S, the council has been regulated by divers laws, ordinances and decrees, the last of which is the law of the 1st of June, 1853. An ordinance of the 29th December, 1844, established a council of prud'hommes in Paris in favour of the metal trade and all trades con- nected with it. Another ordinance of the 9th of June, 1847, created three new councils in Paris as follows : a special one for the manufacture 56 JONES ON THE FRENCH BAR. of all kinds of tissues, and the different trades in connection therewith ; another for the manufacture of chemicals and its branch trades ; and a third for all other trades. This species of tribunal has been found to work well, and to be of very great practical utility. [*41 ] ^SECTION II. THE PUBLIC MINISTRY. DEFINITION, — THE ATTORNEY-GENEEAL OF THE COURT OF CASSATION. — ADVOCATES-GENERAL, ID. — ATTORNEY-GENERAL OF COURT OF APPEAL. — ADVOCATES-GENERAL, ID. — SUBSTITUTES OF ATTORNEY-GENERAL. — IMPERIAL ATTORNEY. — HIS SUBSTITUTES. — THE SURVEILLANCE. — THE FUNCTIONS. — THE PARQUET. — THE CONCLUSIONS. — THE REQUISI- TION. — THE REPLY. — FURTHER CONCLUSIONS. — INTERRUPTION. — AP- POINTMENT OF THE PUBLIC MINISTRY. — TRIBUNALS OF COMMERCE AND JUSTICE OF PEACE. This institution being quite unknown to our judicial system in England, we shall be obliged to enter somewhat fully into the subject, in order to explain its nature and utility. The expression public ministry has two acceptations ; sometimes it signifies that species of magistracy which is established in every court and tribunal in France to represent society in all matters in which it is interested, to watch in the name of the sovereign over the reign of order, to require the application and. the execution of the law, and to take up the defence of those who cannot defend themselves, such as absentees, lunatics, &c. ; and sometimes it is applied to the persons themselves, who are invested with the powers and functions of this office, as we shall find on reference to Art. 184 of the Civil Code. At the head of the public ministry is placed the attorney-general of the court of cassation ; he is assisted by six advocates-general, whom he charges with such of his duties as he does not perform himself; and he r *d9 1 '^ under the surveillance, *and can only be controlled, by the L J minister of justice. In every court of appeal there is an attor- ney-general, who has under his orders and direction a fixed number of advocates-general and substitutes, according to the extent of the popula- tion of the jurisdiction of each court. Every tribunal of first instance has an imperial attorney, with a fixed number of substitutes, according to the extent of each particular jurisdiction. The attorney-general of the Court of Cassation has under his surveil- lance all the attorneys-general of the courts of appeal; these latter exer- cise the like control over the advocates-general, their substitutes, the imperial attorneys and their substitutes, of their respective judicial cir- cumscriptions. They exercise besides a control over all officers of the THE PUBLIC MINISTRY. 57 judicial police, and all ministerial oflScers (such as attorneys, ushers, &c.) within the limit of their court. The attorney -general usually pleads at the solemn sittings of the court, as well as the ordinary sittings, if he thinks fit ; the advocates-general plead in the name of the attor- ney-general, at the ordinary civil sittings, the> criminal sittings, and even at the solemn sittings, when the attorney-general desires them to do so ; the substitutes of the attorney-general are specially charged with the examination and report of the chamber of accusations, and the drawing up the official acts ; the advocates-general also replace the attorney- general, in case of absence or hindrance, and the substitutes in like manner replace the advocates-general. The collective body of the functionaries of the public ministry of a court of appeal (as indeed of any other tribunal) is called the Parquet, an assembly wherein the conclusions are discussed in the case of a dif- ference of opinion between the attorney-general and the advocate-general The pleading of the public ministry is generally called conclusions, be cause they may confine themselves to pleading in the form of conclu sions ; sometimes, however, they act by way of action, that is, as prin^ cipals, in the same manner as a private individual in his own cause ; as, for instance, when *they demand the nullity of a marriage on j. ^ .„ .. the ground of bigamy, or the interdiction of a madman : but L -J they more frequently act by way of requisition and as joint parties ; that is, they do not demand in a direct manner that the tribunal should grant a certain thing to society in general, but request the tribunal, by way of conclusions, to decide in a particular manner in favour of the party with whom they have joined. No reply in civil cases is allowed after the public ministry ; neverthe- less, the parties may present notes to the president upon facts omitted or improperly represented; But this prohibition is only to be enforced in cases where the public ministry acts as a joint party, for if he proceeds by way of action, then the principles of the defence follow the ordinary and usual course ; such also may be the case, when in a requisition he has not contented himself with concluding as a joint party, as where the conclusions contain a denunciation or an unforeseen imputation ; but if they do not involve any serious and new imputation, but simply present, in the interest of the losing party, a means of non-suit which the judges should have applied ex officio, the reply will not be allowed, because in that case these is no right of defence to protect. And it has been settled by the court of appeal of Paris (25 June, 1825 ; 2 vol. Siret, 1825, p. 258) that in civil matters, when once the public ministry has been heard, and a day named for giving judgment or making an order, he cannot make any further conclusions to the court. The Court of Cas- sation has likewise held that a tribunal cannot address any observation to the public ministry while pleading, with a view to requesting him to consider the matter as disposed of in the mind of the court, and conse- quently to discontinue his address. The difierent functionaries of the public ministry are named by the sovereign, but, unlike the other branch of the judicial order (the judges), are removable at pleasure. There is no imperial attorney in the tri- 58 JONES ON THE FRENCH BAB. bunala of commerce, or in the tribunals of the justice of the peace, at |.^. . -. least when occupied *on civil matters; but when the judges of L -1 the latter are occupied as judges of simple police, then the office of the public ministry is exercised by a commissary of police, or, in case of impediment, by the mayor of the town in which the tribunal is situate, or his deputy. [*45] *PAET 11. ON THE SYSTEM OP LEGAL EDUCATION IN FRANCE. " Scire leges, non hoc est verba earum tenere, sed vim ac potestatem." "Une bonne direction, n'est-elle pas pr^fSrable h, quelqnes notions positives qu'on trouve dans les livres, on qu'on apprend ais^ment par la triture des affaires 1" — M. Sedillez to the Legislative Assembly, 12th March, 1804, on the Organization of the Schools of Law in France. CHAPTER I. 1. CREATION OP THE UNIVERSITY OF PRANCE. — 2. DIVISION OP THE UNIVERSITY INTO ACADEMIES. — 3. THE ESTABLISHMENT OP THE FACULTIES. In considering the important subject of legal education in France, it will be our endeavour to point out, in as concise a manner as possible, the rules and regulations by which the faculties of law are governed, and which the university of France (of which they form part) imposes upon all those who frequent them, and who seek the honour, privileges, and advantage of the degrees they confer. We shall also endeavour to show the legislation on this matter as it exists at the present day, after r *4f5 n i""oh modification, which is only to be *found in a voluminous L J collection of laws, ordinances, statutes, decrees, and resolutions ; and so arrange it as to form a concise text, in order to avoid the other- wise long and difficult research, which would be necessary to arrive at a proper appreciation of it. We shall necessarily begin by presenting a sketch of the university itself, and of its administrative organization, in order to show how its authority and jurisdiction are exercised over the faculties of law, which will lead us to point out the attributes of the grand master, the superior council, the academic council, rectors, inspectors, and the heads of the THE UNIVERSITY. 59 faculties of law. We shall then proceed to consider the creation of the schools of law (afterwards called faculties,) and the legislation which governs them, especially with regard to the course of studies and the examinations necessary to be gone through previously to obtaining the different degrees which these faculties have the power to grant, and which are requisite and indispensable to the status of advocate. 1. CREATION OF THE UNIVEESITT. The organic law by which the university of France was created, is that of the 10th of May, 1806, the articles 1, and 2, of which law are to the following effect ; — There shall be formed, under the name of the imperial university, a body charged exclusively with the teaching and the public education of the whole empire. The university was after- wards regulated by a decree of the 17th March, 1808, by which it was provided, that the public teaching of the whole empire should be exclu- sively confided to the university; that no school, no establishment whatever for teaching could be formed, independent of the university and without the sanction of its chief; and also that no person could open any school, or teach publicly, without being a member of the imperial university, and a graduate of one of its faculties. *2. THE DIVISION OP THE UNIVERSITY INTO ACADEMIES. [ *47 ] The same decree, by article 4, provides that the university should be divided into as many academies as there were Courts of Appeal ; but this has been altered by recent legislation, as will be found on reference to the law of the 14th June, 1854, Art. I., which is to the following effect : — France is divided into sixteen academic circumscriptions, of which the different seats are, — Aix, Besangon, Bordeaux, Caen, Clermont, Dijon, Douai, Grenoble, Lyons, Montpellier, Nancy, Paris, Poitiers, Keunes, Strasbourg, and Toulouse. Art. 5. of the decree of the 17th March places the different schools belonging to each academy in the following order : — 1. The Faculties of Profound Sciences for granting Degrees. 2. The Lyceums (afterwards called Royal Colleges.) 3. The Secondary Commjanal Schools (afterwards called Communal Colleges.) 4. Institutions. 5. Boarding Schools. 6. Primary Schools. 3. THE ESTABLISHMENT OF THE FACULTIES. Art. 6. (same decree) provides that there shall be five orders of Faculties in the University, that is to say : — , 1. Faculties of Theology. 2. Faculties of Law. 8. Faculties of Medicine. 4. Faculties of Mathematical and Physical Sciences. 5. Faculties of Letters. 60 JONES ON THE FRENCH BAR. And it is further provided by art. 17, of the decree of the 17th March 1808, and by art. 30, of the ordinance of the 17th February, 1815, that besides the special kind of instruction with which they are intrusted, P ^ . jj ^ the faculties shall, after *the examinations and public act6,(o) L J and according to the forms prescribed by the regulations, have the power of conferring the degrees which are, or may thereafter be, necessary for the different ecclesiastical, political, and civil functions and professions. Arts. 16, and 18, of the decree are to the effect, that there should be three different degrees in each faculty, that is, bachelor, licenciate, and doctor ; that the degrees do not confer the title of member of the univer- sity, but are necessary to obtain it. [*49] *CHAPTBR II. ON THE ADMINISTRATIVE ORGANIZATION OP THE UNIVERSITY. 1. THE MINISTER OP PUBLIC INSTRUCTION, GRAND MASTER OP THE UNI- VERSITY. — 2. THE SUPERIOR COUNCIL OP PUBLIC INSTRUCTION 3. THE ACADEMIC COUNCIL. — 4. THE RECTORS. — 5. INSPEOrORS-GENERAL. 6. INSPECTORS OP ACADEMIES 7. THE DEAN OP THE FACULTY AND THE ASSEMBLY OP THE PROPESSORS. The imperial university shall be ruled and governed by the grand master, who shall be appointed and revoked by us. (Art. 50, Decree 17th March, 1808.) The public instruction shall be under the direction of a minister of state. He shall exercise the functions of grand master of the University of France, as they are determined by the laws and regulations. (Royal Ordinance of the 10th February, 1828.) The deans and professors of the Faculties, other than that of theology, shall be appointed for the first time by the grand master. After the first formation, the vacant places of professors in those faculties shall be open to competition. (Art. 7, Decree 17th March, 1808.) The grand master shall nominate to all administrative places and pro- fessorships in the colleges and lyceums ; he shall also nominate all the officers of the academies and those of the university, and make all pro- motions in the body of professors. (Art. 51.) |- ^gQ -. He shall institute those persons who shall have obtained *pro- L J fessorships after competition, in such a manner as shall be regu- lated by the council of the university. (6) (Art. 52.) He shall grant permission to teach and to open houses of education to such graduates of the university as may make application, and have com- plied with the conditions required by the regulations to obtain such per- mission. (Art. 54.) (a) See infra, p. 78. (A) Now called the superior council of public instruction. ORGANIZATION OP THE UNIVERSITY. 61 . After the examinations for degrees, and on the favourable report of the faculties, visi'd by the prefect, the grand master shall ratify the receptions. Whenever he may think it necessary for the maintenance of discipline, he may order such examinations to be gone through a second time. (Art. 58.) The diplomas cojiferring degrees shall be intituled in his name, and by him. (Art 3, of the Ordinance of the 1st November, 1820.) The grand master shall give such regulations for the discipline of the different schools as shall be decided on by the council of the university. (Art. 60, Decree 17th March, 1808.) All letters are addressed to the grand master ; he takes cognizance of them, and distributes them to the members of the council to whose par- ticular department they may respectively relate. (Other part of Art. 3, of the Ordinance 1st November, 1820.) The faculties, colleges, and in general all establishments of public instruction, correspond with the grand master through the rector. (Art. 6, of the Kegulation of the 10th October, 1809.) 2. THE SUPERIOR COUNCIL OP PUBLIC INSTRUCTION. The council of the university shall be composed of thirty members. (Art. 60, Decree of the 17th March, 1808.) The power attributed to the council of the university shall be exercised by a commission of five members, which *shall take the title of j- ^_, -. commission of public instruction. (Art. 3, of the Ordinance of *- ' the 15th August, 1815.) The commission of public instruction shall take the title of royal council of public instruction. (Art. 1, of the Ordinance of the 1st No- vember, 1820.) The department of public instruction has undergone much modifica- tion since 1848, and the superior council of public instruction, as it is at present called, is regulated by Art. 5, of the Decree of the 9th March, 1852, and is thus composed : — three members of the senate ; — three members of the council of state j — five archbishops or bishops; — three members of the different religions acknowledged by the state, other than catholic, that is to say, one minister of the reformed church, one minister of the church of the confession of Augsbourg, and one member of the central Israelite consistory; — three members of the Court of Cassation; — five members of the institute ; — eight inspectors-general ; — and two members of the free schools. (6) The members of the superior council are appointed for one year. The minister of public instruction presides over the superior council, and fixes the opening of the sessions, which must take place at least twice a year. (6) The law acknowledges two kinds of primary and secondary schools : — 1. Those schools which are founded and supported by the communes, departments, or the state, and which are c&Wei public schools. 2. Those founded and supported by private individuals or associations, and called/ree schools. (Law 19th Janu- ary, 1850, Art. 11.) The free schools are so far under the control of the minister of public instruction, that they are subject to inspection like all others. 62 JONES ON THE FRENCH BAR. Our royal council shall draw up and settle the general regulations relative to professing and discipline. (Art. 55, Ordinance of the 17th Febr. 1815.) All questions relative to the discipline, accounts, and the general management of the faculties and colleges shall be decided in council. (Art. 77, of the Decree of the 17th March 1808.) Also all complaints of superiors and reclamations of inferiors. (Art. 78.) r *fiO 1 ^^® council alone shall inflict upon the members of the *uni- L J versity the penalties of suspension and dismissal after proper inquiry into the charges and offences which entail such punishment. (Art. 79.) In the case of exclusion from an academy being pronounced against a student by the academic council, the student so excluded may appeal to the royal council, which shall pronounce definitively. (Art. 18, Ordinance of the 5th July, 1820.) Exclusion from all the academies can only be pronounced against a stu- dent by the royal council, to which the particulars of the affair shall be forwarded by the academic council. The student may afterwards appeal to our council of state against the decision. (Art. 19.) The deliberations of our royal council of public instruction shall be submitted to the approbation of our minister, secretary of state of public instruction. (Art. 21, Ordinance 26th March, 1829.) In the absence of the minister of public instruction the superior council is presided over by a vice-president, appointed every year by the sove- reign, and chosen among the members of the council. The sovereign also appoints every year a secretary, who is chosen in like manner. (Articles 1, & 2, of the regulation of the 29th July, 1850.) 3. THE ACADEMIC COUNCIL. At the seat of every academy there shall be established a council of ten members, chosen by the grand master among the officers and func- tionaries of the academy. (Art. 85, of the Decree of the 17th March, 1808.) But the composition of the academic council has lately been modified, and stands at present thus composed : — 1. The rector, president j — 2. the inspectors of the circumscription; — 3. the deans of the faculties; 4. eleven members chosen every three years by the minister of public r #53 -1 instruction, — one among the archbishops, or bishops of the *cir- L cumscription ; — two among the members of the catholic clergy, or among the ministers of other religions acknowledged by the State ;— two among the magistracy; — two among the public functionaries or other remarkable persons of the circumscription. The academic council sees that the method of teaching as prescribed by the minister in council, and which should be observed in the public schools of primary, secondary, or superior instruction of the circumscription, is duly carried out and followed. It also advises on all questions of administration, finance, and discipline concerning the communal colleges, the lyceums, and establish- OKGANIZATION OF THE UNIVEESITY. 63 ments of superior instruction. (Articles 4, & 5, of the law of the 14th June, 1854.) Conformably to the Articles 96 and 97 of the Decree of the 17th March, 1808, the functions of the particular councils of discipline and teaching, in the faculties of law, shall belong to the councils of the respective academies of which they form a part. (Art. 4, of the Decree of the 4th June, 1809.) The punishments, which consist of the forfeiture of two inscriptions(c) at the least, and four at the most, or the exclusion of a student from the faculty and the academy within the circumscription of which the fault has been committed, for six months at least, or one year at most, must be pronounced by the academic council. In the case of exclusion, the student excluded may appeal to the royal council, which shall decide definitively. (Articles 17 & 18, of the Ordinance of the 5th July, 1820.) 4. THE REOTOES. Each academy shall be governed by a rector under the immediate orders of the grand master, who shall appoint him for five years, and choose him among the officers of the academy. Kectors may be reap- pointed as often as the grand master may think fit; they must reside in the towns in which *the academies are situate. (Articles 94 & 95, p ^f.. , of the Decree of the 17th March, 1808.) L J Every academy is administered by a rector. Rectors are not chosen exclusively among the members of the teaching body. They must have the degree of licentiate, or ten years exercise as inspectors of academies, provisors, censors, heads, or professors of superior classes in a public or free establishment. (Articles 8 & 9, of the 15th March, 1850.) The functions of rector are incompatible with any other public employ to which a salary is attached. They are appointed by the president of the republic and are divided into classes ; the number in each is deter- mined by him. The salary varies according to the class, which is attached to the person and not to the residence. (Articles 14 & 15, of the Kegulation of the 29th July, 1850.) The rectors shall assist at the examinations, and the receptions of the faculties, vise and deliver the diplomas of the graduates, which must be immediately sent to be ratified by the grand master. (Art. 96, of the Decree of the 17th March, 1808.) Rectors, being also professors of faculties, cannot exercise at the same time the duties of rector and examiner. (Resolution of the 2nd July, 1839.) They shall cause the deans of the faculties, the provisors of the lyceums, and the principals of colleges, to deliver to them an account of the state of their establishments ; they shall have the administration of them under their direction, especially as regards severity in the discipline and economy in the expenditure. (Art. 97, of the Decree of the 17th March, 1808.) (c) See infra, p. 13. 64 JONES ON THE FRENCH BAR. Every three months they shall sign andclose the registry of inscrip- tions kept by the secretaries of the schools. (Art 3, of the Decree of the 4th June, 1809.) The rectors receive the orders of the grand master, transmit them to the establishments within their circumscription, and report upon their P ^rf. ^ execution. They correspond with the *Grrand Master, to acquaint L J him with the wants of the establishments within their circumscrip- tion, and everything connected with the maintenance of good order and the studies. (Art. 3, Regulation of the 10th October, 1809.) They preside over the academic councils, and propose the subjects for deliberation as prescribed by the laws, decrees, and statutes, or by the special orders of the grand master. They likewise receive all complaints and private claims, and lay them before the academic councils when they fall within their cognizance; those which "concern the council of the university they transmit to the grand master. (Arts. 4 & 5, of the above Regulation.) The faculties, colleges, and in general all establishments of public instruction correspond with the grand master through the rector ; never- theless those who may have any private claims or complaints to make, may address them direct. (Art. 6 of the Regulation of the 10th October, 1809, and Circular of the 17th of April, 1838.) All applications made by students should be addressed to the heads of the establishment, to be transmitted by and to arrive through the rectors. (Circular of the 23rd May, 1838.) 5. INSPECTORS-GENERAL. The inspectors-general of the university shall be appointed by the grand-master, and chosen among the officers of the university. They shall be, divided into five orders like the faculties. They shall not belong to any academy in particular, but shall visit them alternately and by the order of the grand master, to ascertain the state of the studies and discipline in the faculties and colleges, to assure themselves of the exactitude and talent of the professors, masters and assistants, to examine the pupils, and lastly, to inspect the general management and the accounts. (Articles 90 & 91 of the Decree of the 17th March, 1808.) r *56 1 *^^^ 33rd Article of the Law of the 22nd Ventose, year XII. L J created five inspectors for the schools of law. A royal ordinance of the 17th February, 1815, reduced this number to two, the 57th Article of which is as follow : The inspectors shall be twelve in number ; that is to say, two for faculties of law, two for the faculties of medicine, and the other eight for the faculties of sciences and letters, and for the royal and communal colleges. The inspectors-general of the faculties of law were afterwards sup- pressed by a royal ordinance of the 24th of August, 1830. "We read in the report upon which this ordinance is founded as follows : two of these functionaries have up to the present time been specially attached to the faculties of law, and two to the faculties of medicine. This specialty of attributes is of little use, and the exercise of it has always been extremely SCHOOLS OF LAW, OR FACULTIES. 65 rare, it being almost exclusively confined to the presiding over a few competition-examinations, which duty can be as well performed by the members of the royal council, or the most distinguished and eminent of the professors ; care being taken in the latter case to prescribe such regulations, that no interruption detrimental to the course of studies may arise from it. Afterwards, however, by a royal ordinance of the 29th September, 1844, one place of inspector-general of studies in the faculties of law was again created. There are at present eight inspectors-general of studies attached to the university ; that is to say, three for the faculties of letters ; — three for the faculties of sciences ; — one for the faculties of law ; — and one for the faculties of medicine. (Article 6, of the Decree of the 9th of March, 1852.) They are charged, under the authority of the minister, with the inspection of the faculties, the superior schools of pharmacy, the pre- paratory schools of medicine and pharmacy, and all literjiry and scientific establishments which come within the department of the minister of public instruction. *6. INSPECTOES OF ACADEMIES. [ *57 ] There are likewise in every academy certain inspectors, who are charged, under the orders of the rectors, with the visiting and inspecting the schools of the circumscription, especially the colleges, institutions, boarding-schools, and primary schools. Each academy is administered by a rector, who shall be assisted by as many inspectors of academy as there are departments within his circum- scription. A decree shall determine the number of inspectors of academy for the department of the Seine. (Art. 2, of the Law of the 14th of June, 1854.) The functions of inspector of academy are incompatible with any other public employ to which a salary is attached. (Art. 36, of the regulation of the 29th of July, 1850.) 7. THE DEAN OE THE FACULTY. — THE ASSEMBLY OF THE PROFESSORS. The dean is the head of the faculty ; he is charged, under the autho- rity of the rector of the academy, with the general administration and discipline thereof, as well as to see that all the regulations are duly car- ried out. He also convokes and presides over the assembly of the faculty, which is formed of the body of professors. •CHAPTER III. [*58] CREATION OF THE SCHOOLS OF LAW, AFTERWARDS CALLED FACULTIES. introductory remarks. — m. foueoroy on the creation of the schools of law. — the law establishing the same. — number June, 1856. — 5 gg JONESONTHBFRBNCHBAR. OF THE SCHOOLS AND THE SEATS THEREOI'. — CONVERSION INTO FACULTIES. — CONCLUSION. It is a thing worthy of remark that in ancient Eome, the study of the law was for a long time confined to the college of the pontiffs, as in Prance it was long concentred in the schools of theology. Among rising nations, especially those of a warlike tendency, it is quite natural that science should take refuge among that class of citizens who have the most time and the best means for study. People, usually begin to study from want of more active occupations : soon afterwards they en- deavour to monopolise science from a spirit^ of domination ; but as society gradually advances in civilization the want of instruction is felt by a greater number of men ; then science makes its escape from temples and cloisters, and becomes the patrimony of every one. Such is the march of human intellect, and though the world were eternal, it would always be the same. In France, as at Kome, at the period of which we are speaking, the teaching of law became a free profession. The jurisconsults enjoyed the highest consideration, and in the two empires were elevated to the most eminent dignities. They had already been seen, and were seen again to arrive at the dignity of consul. > |-^ ;.„ ., *This state of things lasted at Rome until the time of Augus- L J tus. This prince, feeling all the importance of this profession, would no longer allow it to be exercised without his permission. Men who are daily speaking to the people on subjects most dear to them and their interests, cannot be indifferent to the head of a new empire. Jeal- ous also of monopolising aU the legislative power, Augustus, says an historian, attached to himself the jurisconsults, who, under his directions and by new interpretations conformable to the views of this prince, in- sensibly, changed all that was displeasing to him in the old law, and which he dared not abrogate. The opinions of these men were held of such high authority, that, when signed by them and presented to the judges, the latter were not permitted to question them or. to depart from their tenor. The Emperor Adrian at length set the profession of juris- consult at liberty again. The professors amongst the Romans were not public professors ; the jurisconsults opened private schools, and many of these schools obtained great and just celebrity. The study of the Roman law which had been in force in the east for nearly twenty centuries, was suddenly abolished there when Mahomed II. took Con- stantinople. In France, law had been taught as a science as early as the twelfth century. There existed in Paris in the time of Philip Augustus, a school of law which was established a short time after the creation of a school of theology, but the latter could not long tolerate a neighbour which it looked upon as a rival. The monks were at first forbidden to study the civil law, but soon after that, 'a famous decretal forbade it to be taught in the university of Paris. The canon law alone was ta^ight in France up to the commencement of the fourteenth cen- tury, when Philip le Bel re-established the study of the civil law in the SCHOOLS OP LAW, OR FACULTIES. 67 university of Orleans, but it was not until the year 1679 that it became possible to introduce it in Paris. The study of the law shone in Prance with great lustre in the six- teenth century. Afterwards (although many illustrious *juris- r- ^„^ -. consults appeared among its professors, and we find the traces of L J their efforts to promote reform in the different schools of law), a long, continuous system of neglect of discipline produced that state of dis- order, which is depicted by M. Fourcroy, councillor of state, in his Exposd des Motifs, on presenting the bill for the creation of the schools of law to the legislative assembly, on the 16th Ventose, year XII. (7th March, 1804), and which we purpose setting out fully, being in itself a remarkable and interesting elucidation of the subject under consideration. About 1792, when all scientific institutions were destroyed, the schools of law also ceased to exist. The law of the 25th October, 1795, at the same time that it established a central school in each department of the republic, created likewise a professorship of legislation. Such was the state of things at the time M. Pouroroy presented his bill for the crea- tion of the new schools of law when he addressed the Legislative Assem- bly as follows : — " Citizen Legislators, — " Instruction is the greatest necessity of people in general, and the first blessing they expect from the hands of their governments : by it, they insure the perpetuity of knowledge, and open at once all the sources of public prosperity. To it is attached the ever-increasing im- provement of the human mind and human industry, and consequently, the happiness of those generations which follow. The progress of civi- lization follows the progress of science, and the degree of public felicity is measured by the degree of knowledge spread among nations. " All men who have made political economy their study, have been struck with these truths, which the history of ancient people does not offer us, but which are one of the greatest results of the history of modern times. They have all felt the necessity of spreading knowledge, of favouring its increase, and of distributing its useful influence in all the different professions of society. Institutions *destined to propa- p ^„^ -. gate the sciences, to cause their inexhaustible treasures to pass L J from the generation which possesses them to the generation which is about to inherit, are established among all European nations. " The genius which presides over the destinies of France, and who knows as well her necessities as her resources, has comprised among the glorious works of his sleepless nights, the re-establishment of all the scientific institutions which an unhappy epoch now passed away had totally annihilated, and it is his desire that these institutions should be stronger than those they are destined to follow. In those creations for which the republic will be indebted to him, everything will partake of the sublimity of the views which direct his administration, everything will be stamped with that grand character which belongs to his ideas. " Two years have not yet elapsed when from this very place I explained to the members of this assembly the basis of the re-establishment of the 68 JONES ON THE FRENCH BAR. studies and the plan of the lyceums ; already these studies are in activity, and begin to show the first fruits of what they promised. Nearly 2000 children, chosen among the most studious, or among families the most recommendahle for long and important services rendered to the state, are already receiving in the first eighteen lyceums solid instruction and a sound education. People are pressing from all parts to enter these first portals of science ; the thirst for knowledge is springing up again on all sides ; and the success which follows it is seen with bright effect in those cities in which these new schools have been planted. " But it is not sufficient to open for childhood these sources of first instruction. These first steps are but a test of the strength of the mind ; in proportion as it expands itself by study and cultivation, it puts forth stronger buds which only require to be developed. The studies at the ilyceums ought to lead to higher and more serious studies ; as the career advances, so it becomes enlarged, and the progress of childhood is but a step towards the progress of youth. *" The lyceums should be followed by special schools in L J which those who are distinguished by their ability and by profi- table study, will find more profound instruction in each of the sciences for which their taste and rising talents will not fail to make election. Such is the aim of the special schools announced and promised by the law of the 11th Flor^al, year X. " Already, citizen legislators, in your session of the year XI. you passed a law which founds on a solid basis the studies and practice of the art of medicine. The good which this law will produce is beginning to manifest itself, although its execution is only of a few month's date. " I present myself before you to-day in the name of the government, to offer to your mediation a project of law (a bill) to enable us to do for the study of the law what has already been so happily done for the study of medicine, and which in its nature is equally pressing and requisite. " Previously to 1793, France possessed a great number of schools of law, but the great want and neglect of discipline had caused them to become useless institutions, not to say illusory or dangerous. What I said in this house a year ago concerning the ancient faculties of medicine, I may say with equal truth concerning the ancient faculties of law, perhaps even the reproach had been more justly merited by the latter than the former. The studies therein were null, inexact, or rare; the lectures neglected or not followed ; exercises were bought, instead of being pre- pared by the students, who were passed after a test so sasy, that it no longer merited the name of an examination. The letters of bachelor and licentiate were in truth nothing but a title which was bought, without study and without trouble, and borne without pride; and bought merely because it was an indispensable preliminary to arrive at the possession or acquisition of some other position. This order of things, or rather disorder, which existed before 1789, had for a long time cried aloud for censure and reform. r *63 1 " ■^''^ '^'^'' ^^^ particulars of which I am about to explain *to L J you, is intended to remedy these evils, which were intolerable at SCHOOLS OP LAW, OR FACULTIES. 69 the time the schools were closed. With the new sera, we must recom- mence the studies of the law, ameliorated both as to the subjects and the method of teaching. It is at the moment when the French nation is about to reap the benefit and advantages of a Godefd) which wisdom and knowledge have prepared for her by the most indefatigable toil and labour, that it is especially opportune to oflFer her the means of studying her laws, and to form for their defence a body of men capable of appre- ciating their merit, and making a wise application of them. " The bill is divided into seven heads. The first, in enacting that the ten schools instituted by the 25th article of the law of the 11th Plor(§a], year X., be organized in the course of the years XIII, and XIV., and that the students shall not be admitted before they are sixteen years of age, that is, after having received in the secondary schools and the lyceums the general knowledge necessary for the special or profound studies of the sciences, determines the different matters to be taught in the new schools. " The French civil law, in the order established by the Civil Code ; the elements of natural law and the law of nations (Jus Gentium ;) the E.oman law in its affinity with the French law; the French civil law in its connexion with public administration ; and, lastly, criminal legislation and civil and criminal procedure : such are the subjects of study to which the teaching in the new schools will extend. This announcement suffices to show that in comprising everything that was taught in the ancient schools, the studies will for the future be extended to subjects which were not formerly included. " The laws of public administration could not be learnt anywhere ; they were in a manner buried in the offices and correspondence of the public establishments ; it was only in officiating oneself in a direct and positive manner, that it *was possible to arrive at a knowledge ^ ^„. -. and appre'ciation of them. This void will disappear in the new ■- J establishments ; young men will thus learn to blend a general knowledge of law with administrative legislation ; and those who are destined to enter this latter career, will not enter therein without some notions with which they may safely guide their steps. "The bill does not determine the number of courses or professors to carry out all these matters of instruction ; it leaves the government to regulate the plan, which may, and , indeed ought to vary, according to the difi^erent localities of the schools, the number of students assembled at each, habits, prejudices even, which it is wise to humour in order to destroy, and according to many other circumstances which may require particular modifications at each school. « The second head treats of the time of duration of the studies, the examinations, and the degrees. The time necessary for the ordinary course of studies, that is to say, to arrive at the degree of licentiate, will be three years, a period which long experience has shown to be neces- sary. But it must be prolonged during a fourth year for those who would obtain the degree of doctor, and as this degree will be required (d) The civil code was decreed the 5th March, 1803, and promulgated the 15th of the same month. 70 JONES- ONTHEFRBNCHBAE. for all professors of law, it seems just and reasonable that those who are destined to fill those honourable functions, should be obligated to devote themselves to a more profound study of that science which it is their intention to teach. It is a further guarantee as to the choice of those persons who will be called to that important mission. • "Every year of study will have its examination to ascertain the pro- gress of the students, the two first examinations may be undergone in the second- year with the authorization of the inspectors and professors ; in the third year the students must undergo two further examinations, and support a public act, in order to arrive at the license. With respect to those who aspire to the doctor's degree, their fourth year of study will comprise two other and final examinations, and a second public act. P ^nrn In this manner *the law gives every possible means of assurance L -I of the merit of those men who intend to devote themselves to professing, and of whom it is right and proper to require a complement of knowledge on all the parts of the science of law. " With regard to the course of studies on criminal legislation, and civil and criminal procedure, as it is meant to impart a degree of knowledge of much less extent than that which is necessary for the license, its duration shall be of one year only, at the end of which there shall be an examination relating to the subjects of that particular study. (e) The examinations shall be held before the professors ; the inspectors of the schools of law shall have a right to assist, and to question the stu- dents. " After the examinations of the first two years, those candidates who shall be found qualified, shall receive the diploma of bachelor; fur- nished with this diploma, they shall be admitted to the studies, and to the two examinations of the third year, as well as to the public act ; after which, if found capable, they shall receive the diploma of licen- tiate. Lastly, after these two first degrees, the further studies of the fourth year, the two examinations, and the public act, those who shall be considered capable shall receive the diploma and title of doctor-in-law. The students examined in criminal legislation and civil and criminal pro- cedure shall, if found capable, receive a certificate of capacity. The diplomas and certificates shall be of no effect until they have been vise'd by the inspectors. "These tutelary and indispensable formalities will oblige the students to follow up with care, and study with effect, the science they are des- tined to apply or to profess ; and nothing has been forgotten under this second head to ensure the success and the regularity of these studies, as well as to prevent those abuses which had crept into the ancient schools. r *66 1 ^^ ^* ^^ feared lest time, which corrupts *the greatest and L -I noblest institutions, should gradually cause the discipline of the schools to relax, we have a guarantee in the establishment of an inspec- tion which formerly did not exist, and which is destined to render the discipline wholesome and useful, and also to prevent its slackening. We shall see more of this matter under the sixth head. (e) This course of study is the necessary qaalifioation of an attorney, and forms also part of the course of studies necessary for the degree of Licentiate. SCHOOLS OE LAW, OB, FACULTIES. 71 " But in this our intention of preparing for future time a guarantee for the eflBciency of the studies of the law, it was most important not to lose what had been acquired by the past. Notwithstanding the de- struction of the schools, within the last ten years, men very learned in the law, baye sprung up, who have formed themselves by private study and in private establishments. This learned portion of the community who have devoted themselves to the exercise of the different functions in which a knowledge of the law is necessary, could not be sacrificed. It was but just to do for these men what the law has already done for those connected with the science of medicine. Such is the aim of the articles of the third head, in which are comprised the particular dispo- sitions relating to them, and which form exceptions to the preceding ones. By these articles, the former doctors and lioentiates-in-law of the ancient French universities will retain their titles, on condition of hav- ing their letters vise'd, or obaining an act of notoriety. It will be the same for the doctors and licentiates of foreign universities, pro- vided they have exercised the profession of lawyer (Jiomme de lot) or advocate for the space of six months. The title of bachelor acquired in like manner shall be taken into account for obtaining the title of licen- tiate according to the new method. " The judges of the Courts of Cassation, Appeal, Criminal, and First Instance, at present in oflSce, as well as the supplementary judges thereof; the commissaries of government^/) and their substitutes; those who shall be called to those duties until the year XVI. ; and lastly, the professors *of legislation at the central schools shall be con- p ^„- -, sidered as licentiates without being obliged to undergo any new L J formalities. This disposition will be found just and suitable, both to the dignity of the government and to the importance and utility of the duties entrusted to this class of our fellow-citizens. " Those who are at present acting officioudy as advocates before the aforesaid tribunals, or who, having practised for three years shall after- wards have been placed on the list of attorneys, may, between this and the first of Vendemiaire, year XIV., obtain a diploma of licentiate upon conditions easy to be fulfilled. The time of interruption in these functions, however, shall not be taken into consideration, unless occu- pied in the duties of legislator, judge, ngtary, or attorney, or in a civil mission of the government. Two or three other dispositions analogous to the preceding, and which terminate the third head of the bill, will be understood by the mere reading of them. " One of the most important results of the bill which is presented to you, consists in the guarantee which both the government and the peo- ple will soon find, as well in the choice of the judges, as in the advocates and attorneys. Whatever was found to be good in this respect under the ancient order of things, will be re-established by the new law. The fourth head prescribes certain measures by which, for the future, the choice can fall only upon men who are worthy of public confideace. As soon as it will have been possible to have undergone the three or four (/) The members of the public ministry were then so called. (See title Public Ministry, supra, p. 41.) 72 JONESONTHBFKBNCHBAR. years' study in the new schools of law, that is, from and after the com- meneement of the year XVII., nobody will be appointed judge or com- missary of government, who has not obtained the title of licentiate; nobody will be allowed to practise as an advocate before any tribunal, or as an attorney in the Court of Cassation, without having previously pre- sented his title of license, and caused it to be registered; no one will be able, four years after the first formation of the schools of law, to become ^.„ ^ professor or ^supplementary professor in those schools, without L J having obtained the title of dootor-in-law. After the commence- ment of year XVII. no one will be admitted as an attorney at any tribu- nal, who has not attended the courses of criminal legislation and civil and criminal procedure, undergone an examination before the professors, and obtained a certificate of capacity. Up to that period, a clerkship of five years with an attorney or lawyer, will be a sufficient qualification to practise that profession ; after ten years' practice, an attorney is eligible to be appointed judge, government commissary, or substitute. Finally, the government will have the right for ten years to come, to dispense with the presentation of diplomas, in favour of those individuals who shall have exercised any legislative, administrative, or judicial functions. " Formerly the advocates formed a corporation bound by certain duties and discipline which all its members respected. Government has thought fit to re-establish this corporation, and the fifth head of the bill provides for it by enacting the formation of a table of advocates, by cal- ling upon them after the 1st Vend^miaire, year XVII., to supply the places of the judges and commissaries according to the order of the table ; by calling on the attorneys to do likewise immmediately after them ; by requiring, on the part of both, an oath to the efiect, that they will neither say nor publish anything contrary to law, good morals, or the public peace, and that they will never swerve from the respect which is due to the tribunals and to the public authorities. This latter enact- ment will banish from the sanctuary of the laws all idle digressions, too often replete with scandal, and all allusions foreign to the subject under consideration, which party spirit seizes hold of with so much facility, especially at a time which still follows too close upon the troubles and torments which have agitated the whole mass of a great people. " The fifth head is terminated by a power which is given to attorneys r *fiQ -[ *° plead and to draw in matters before the *tribunal to which L J they are attached, and to the tribunals themselves to authorize them, in the case of the absence or refusal of the advocates. " The "organization of the schools of law would have been incomplete, it would have been exposed to the falling off which had already during forty years nearly destroyed the schools, if the edifice had not been built upon a foundation capable of ensuring its solidity and maintaining its duration. It has been thought proper to apply to the new schools of law, that which has been done for the general organization of public instruction by the law of the 11th Flor^al, year X., and which has already so happily served to establish it. It is with this view that the sixth head of the bill establishes five inspectors of these schools, whose duties are to overlook the working of them, to examine the students, to vis4 SCHOOLS OF LAW, OR FACULTIES. 73 the diplomas and certificates which establish the degrees, and to keep the studies constantly within the prescribed orders and regulations. It would have been impossible for the inspectors-general of studies created by the law of the 11th Kor6al to do for these new institutions what they do" for the lyceums, the secondary schools, and all the other branches of instruction. Their task, already as arduous as it is honourable, would have become a burden which their zeal and their courage could not have supported. Each of the inspectors of the schools of law will be charged with the inspection of two of these schools every year, with the examina- tion of such persons as may present themselves as candidates for the office of professor or supplementary professor, and who must compete for these places, and with presenting for the first nomination two persons for each place. In the event of a vacancy afterwards, besides one person whom the inspectors shall present to the first counsel, the school itself where the vacancy arises shall present one also. It will be easy to per. ceive that the enactments under this head will give to the new institu- tions that regular and constant movement which was totally wanting in the ancient ones. *" The seventh and last head consigns the execution of the , ^_„ -. law to the regulations of public administration, especially in re- '■ J gard to the matters to be taught, the books to be used, the inscriptions to be taken by students, the sums they shall pay as expenses of studies, examinations, and diplomas, which are fixed as a maximum at one thou- sand francs to arrive at the degree of licentiate, and twelve hundred francs at the degree of doctor, the management and the seats of the schools, the salaries of the professors, and everything in general which may in- fluence their success and prosperity. All these details would have over- charged the bill, being mere matters of public administration. " Such, citizen legislators, is the substance of the bill which is pre- sented to you. Its aim is to revive a branch of instruction, the want of which has been strongly felt for many years ; it completes in this respect what was wanting in the law of the 11th Flor^al, year X. ; it will drive away from the temple of tlie law all those who would dare profane it without a title and without knowledge ; it will form enlightened men for the profession of the bar ; it will contribute by good and competent studies to the re-appearance among us of those magistrates celebrated for their merits and their virtues which have illustrated the two last centuries ; in a word, it will make known to Europe, which is now contemplating us, the value which the august head of the government attaches to the use- ful sciences, and the care he ever takes to make their influence subser- vient to the prosperity of the nation which has confided its destiny to him." The bill of which we have just given a description in the eloquent words of M. Fourcroy was passed into a law on the 22nd Ventose, year XII., and by it the schools of law were created. Art. 1, being to the fol- lowing efiect ; — The schools of law shall be organized successively in the course of the years XIII. and XIV. Students shall not be admitted before the age of sixteen. 74 JONESONTHBPRBNCHBAK. P^„^ ^ The 38th Article of the same law is as follows : The execu- \- i tion *of the present law shall be provided for by public adminis- trative regulations, especially as regards : — 1. The detailed designation of the matters of instruction, the books to be used in the schools, the fixing the days and the hours of the studies and the duration of the vacations ; 2. The form and the number of the inscriptions to be taken by the students ; 3. The fees to be paid by them, so that the expenses of study, exami- nations, and diploma, may not exceed the sum of eight hundred francs for the licentiate's degree, and twelve hundred francs for the degree of doctor j(5') 4. The administrative organization of the schools, the salaries of the professors, and the application of the fees ; 5. The form and duration of the examinations of the students and professors ; 6. The form and delivery of the diplomas ; 7. The formation of the table of the advocates and the discipline of the bar ; 8. The seats of the schools; 9. The establishment of libraries to facilitate the studies of the pro- fessors and students. The schools of law instituted by the above law were established in the following cities : Paris, Dijon, Grenoble, Aix, Toulouse, Poitiers, Rennes, Caen, and Strasbourg, each of which is still the seat of a faculty at law. (Art. 1, of the Decree of the 4th complementary day, year XII. (A)) Arts. 2, and 3, of the same decree provide for the premises proper for their installation as follows : The buildings of the ancient schools of law in Paris, situate opposite the Pantheon, shall be restored to their former destination ; and, in other cities, the prefects, in conjunction with the mayors, shall indicate such buildings as they may consider most suitable [*72] *for the purposes of these schools, and there shall be a decree consequent thereon. Finally, the 11th Article of the Decree of the 17th March, 1808, by which the University of Prance was regulated, changes these schools into faculties, and is to the following effect : The present schools of law shall form faculties of the same name, belonging to the academies in which they are situate. They shall remain organized as they are by the law of the 22nd Ventose, year XII., and by the imperial decree of the 4th complementary day of the same year. Although the original formation of these institutions has naturally undergone some modifications in form, it being imposible to arrive at perfection in anything at the starting point, still they will be found in (ff) These sums, however, have since been altered by ministerial regulation, as we shall hereafter see, infra, p. 82. (A) Three other schools were also established by this article ; one at Turin, one at Brussels, and one at Coblentz, which, although they have since ceased to be- long to France, are still maintained on the French principle ; an evident proof of the merit of the system. PRELIMINARIES. 75 principle the same as at the time of their creation ; an evident proof of the wisdom and forethought of those connected with this delicate, im- portant, and difficult undertaking, and redounding to the eternal honour of that great and illustrious citizen then at the head of the nation, under whose personal care and supervision so many wonderful and astounding feats were performed. We are now sufficiently acquainted with the organization the university in its connexion with the faculties, and with the faculties themselves as collegiate bodies, to enable us take leave of this part of our subject, and to proceed at once to point out the legisla- tion, as modified, which at present governs these faculties, with regard to the studies, the examinations, and the various degrees. *CH AFTER IV. [ *73 ] PRELIMINARIES. 1. THE INSCRIPTIONS. — 2. THE CLASSES. We shall make but a few remarks on the formalties required of students by the faculties of law, whether before entering upon their studies, or during the continuance of the same. There are, however, some preliminaries and administrative regulations which it will be neces- sary for us shortly to notice. 1. THE INSCRIPTIONS. The secretary of the school shall keep a register, upon which the inscriptions necessary to fix and to prove the time of study required for a degree, shall be taken consecutively and without any interlnission. Every student, provided with a copy of the register of his birth, which must show that he is at least sixteen years of age, shall write and sign(a\ every three months upon the register, an inscription containing his name, christian name, age, place of birth, and his department. (Artices 26, and 27, of the decree of the 4th complementary day of the year XII.) Eight inscriptions are necessary to be admitted to the examinations of Bachelor ; Twelve, to be admitted to the examinations of Licentiate ; Sixteen, to those of doctor. (Art. 28, same decree.) *The cost of each inscription is fifteen francs. (Art. 56, p _ . -■ Statute 9th April, 1825.) L '* J The first inscription of a student should be taken at the commence- ment of the scholastic year, so that he may be able to follow the whole of the courses of inscription in the order prescribed. Each student must follow the said courses without interruption, except in the case of (a) The inscription, therefore, cannot be taken by anybody but the student himself. In case of illness he may, by writing to the dean or secretary, have the register of inscriptions brought to his residence. 76 JONBSONTHEFRBNOHBAR. an excuse considered valid by the faculty. The royal council may, under extraordinary circumstances, grant an authorization to take the first inscription at the quarter commencing in January, but on no account can any permission be granted to commence at the third quarter. (Arti- cles 3, and 4, same statute.) Every student who shall present himself to take his first inscription in a faculty, or in a secondary school of medicine, is bound to deposit, besides the diplomas required by the regulations — 1. His register of birth j . 2. If he be a minor, the consent of his parents or guardian, for him to prosecute his studies in the faculty or school; this consent must indicate the actual domicile of his parents or guardian. The diplomas required, are, for the faculties of law, that of bachelor es-Ieitres ; for the faculties of medicine, that of bachelor is sciences. (Art. 5, same) The register of inscription is opened in all the faculties and schools, the 2nd November, the 2nd January, the 1st April, and the 1st July in every year, and irrevocably closes the 15th of the same months. (Art. 1, same.) 2. THE CLASSES. The annual opening of the classes of the faculties of law and medicine is fixed for the first Monday in November. (Art. 1, of the resolution of the 26th November, 1838.) During the scholastic year there shall be no other interruptions in the studies than those which are authorized by the regulations, or expressly allowed by the university. (Art, 9, of the resolution of the 26th October, 1838.) r *7^ 1 *The schools of law shall have two months' vacation every '• ' year, that is, from the 1st of September: till the 1st of November. (Art. 1, decree of the 10th February, 1806.) The suspension of studies during passion-week is authorized. (6) (Decision of the director of public instruction of the Srd April, 1806.) The imperial decree of the 10th February, 1806, having assimilated the schools of law to the tribunals, in reference to vacations, the studies shall be suspended during Whitsun-week. (Decision of the 23rd May, 1806.) All students inscribed in any faculty for the purpose of taking a degree shall have a card of inscription delivered to them. They must be provided with this card when they present themselves at the classes. (Art. 12, statute 9th April 1825.) Any student not entered for a class, but who may be desirous of following it, must obtain a written permission from the Dean for that purpose. (Art. 17, same.) Nobody can be allowed to follow the classes of a faculty of any order as an amateur, unless he first obtain a card of admission, which card shall be special for the classes of the faculty for which it is delivered, (b) The suspension commences on the Wednesday of the Passion-week, and the studies are resumed on the Wednesday following . PRELIMINARIES. 77 and shall be of a different form from the card of inscription. (Art. 13.) For this purpose a register shall be established in every faculty. Persons desirous of obtaining a card of admission must inscribe, or cause to be inscribed on this register, their name, christian name, age, place of birth, domicile, and residence. If they are not domiciled in the city where the faculty is situate, they must also exhibit their permission to reside. Each demand inscribed on the register shall be signed by the applicant and have a number. (Art. 14.) The inscriptions on the register in question shall be made and deli- vered free of any charge. (Art. 22.) The cards of admission shall be signed by the dean and secretary of the faculty, as also by the applicant. They shall *be stamped j- ^„„ -, with the seal of the faculty, and shall bear a number correspond- L J ing with that under which the demand is registered. (Art. 15.) No one is allowed to be present at a lecture, unless he is the bearer of his card of inscription or admission. (Art. 16.) Cards of inscription or admission are available only for the scholastic year for which they have been delivered ; they must be visd'd or replaced by others at the commencement of each scholastic year. (Art. 18.) Every person who assists at lecture must on the first requisition of the professor or the dean exhibit his card of admission. A note may be taken of it, but the card must be immediately given back, except in the case where the demand of the card has been caused by improper beha- viour on the part of the bearer. In the case of any disturbance occa- sioned By the bearer of a card, it shall be forfeited. (Arts, 19, and 20.) .Any student who shall have given his card of inscription, or any authorization he may have received, to any other person,- whether of the same class or any other class, or a stranger to the faculty, shall incur the loss of one or more inscriptions, or even exclusion from the faculty, if the transmission has served to produce disorder. Any amateur who shall lend his card of admission, shall be deprived of it, and shall be excluded from the class during the year at least. (Art. 21.) Whenever any class shall be disturbed by signs of approbation or improbation, or in any other manner, the professor shall immediately cause the authors of the disorder to retire, and shall report them to the dean or the head of the school, in order that they may be punished according to the rules and regulations applicable to the case. If he cannot succeed in discovering the parties, and a call to order be not suffi- cient to establish it, the lecture shall be discontinued and deferred to another day. If the disorder continue at the subsequent lecture, the students of the class will incur (unless they make known who the guilty parties are) the loss of *their inscription, without prejudices to r*^--] other and more severe punishment if necessary. (Art. 30.) >- ^ Every professor of a faculty or secondary school of medicine is bound, twice a month at least, to call over the names of the students inscribed who ought to attend his lectures in pursuance of the regulations. If the number of the students be too considerable for the call to be general, the professor shall make particular calls each day; in such manner, however, that each student may be called at least twice within the month, 73 JONBSONTHEFRENCHBAR. and without his being able to know the day on which he will be so called. (Art. 23.) The Deans and Heads of Schools shall be bound to see, themselves, from time to time, as to the execution of the preceding article. The rectors also must do so either personally or by an academic inspector, whom they may send expressly for the purpose. (Art. 24.) Any student found guilty of answering for another shall lose an inscription. (Art. 25.) No student who shall have been absent from call twice within the quarter and in the same class, without a valid excuse duly proved, shall receive a certificate of assiduity from the professor of the said class. (Art. 26.) There shall be no roll-calls in the faculty of Paris, until it appears necessary to re-establish the usage. (Letter of the Minister of Public Instruction of the 5th June, 1832.) [*78 ] *CHAPTBR V. THE STUDIES, EXAMINATIONS, AND DEGREES. 1. THE DEGREE OP BACHELOR-IN-IiAW. — FIKST EXAMINATION. — SECOND EXAMINATION. — THE DIPLOMA. — 2. THE LICENTIATE. — FIRST EXAM- INATION. — SECOND EXAMINATION, COMPRISING, (1.) THE WRITTEN TEST, OR COMPOSITION ; (2.) THE ORAL EXAMINATION. — THE PUBLIC ACT, OR THESIS. — DRAWING FOB SUBJECT-MATTER OF SAME. — ^EX- TRACT OF THE MATTERS DESIGNATED BY THE FACULTY OF PARIS FOE THE THESIS. — MODE OF PRESENTING, ETC., THE THESIS IN THE FACULTY OF PARIS. — THE THESIS AND DIPLOMA. — THE SPECIAL EXAMINATION, (3.) THE DOCTOR. — FIRST EXAMINATION. — SECOND EX- AMINATION.^ — THE THESIS AND DIPLOMA. — EXTRACT OP MATTERS OF THESIS DESIGNATED BY THE FACULTY OF PAKIS. — CIRCULAR OF THE IfllNISTER OF PUBLIC INSTRUCTION AS TO THE THESIS. In this chapter it is our intention to show what constitutes the legal education in France. The three subjects which form our present title are so intimately connected, or rather are so blended the one with the other, that it would be a work of some diflSculty to make any separation ; the consideration of the one involves the consideration of the whole, and by directing our attention more particularly to the subject examination, which serves as the connecting link between the means and the end, it is thought we shall arrive at a proper and ample appreciation of the extent, the importance, the scope, and the excellence of those studies which are prosecuted in the faculties of law in France, and which are crowned in the end as a reward to those who have diligently pursued 1 STUDIES, EXAMINATIONS, AND DEGREES. 79 them, with the honour and privileges of the different *degrees, p ^„q -. which the respective examinations have in view. L -I The examinations shall be held by the professors of the Schools of Law. (Article 7 of the Law of the 22nd Ventose, year XII.) The faculty has decided that the supplementary professors are the only members of the faculty who shall be allowed to give private lessons, but on condition that they abstain from assisting at the examinations of their pupils. As a measure of precaution the faculty resolves, that those supplementary professors who give private lessons shall furnish the dean with a list of their pupils at the commencement of every week. (De- , liberation of the Faculty of Paris of the 1st of February, 1838.) The decree of the 4th complementary day of the year XII. which settled the regulations consequent on the law of the 22nd Ventose, by which the schools of law were established, among other things, provided that the examinations, for the degrees of bachelor, licentiate, and doctor, should be in latin, as well as the arguments necessary to support the public act of candidates for the two latter degrees. This, however, was found to be inconvenient and unprofitable in practice : and it being thought that the examinations would be more profound, a^nd the argu- ments more serious, if they were performed in the French language, led to the promulgation of an ordinance to the following effect : — Art. 1. For the future, in all the faculties of law, the examinations shall take place in the French language, and the students shall also discuss the latin thesis which they shall have prepared on Roman law, in the French language. (Ordinance of the 25th June, 1840.) We will now suppose that the student has gone through all the pre- scribed administrative formalities necessary to present himself before the board of examiners, and that he now stands before them in the position of a candidate for his first and inferior degree in the faculty of law. This will lead us to consider — *1. THE DEGREE 01" BACHELOR-IN-LAW. [ *80 ] The fees payable in respect to this degree are as follows : — Francs. Eight Inscriptions at 15 francs each, . . 120 First Examination, ..... 60 Second Examination and Diploma, . . . 146 326 Candidates for the degree of bachelor must undergo two years' studies. The first year they must attend the classes on the civil code, and the classes on Roman law. The second, they shall continue their 'classes on the civil code, and shall follow the professor on criminal and civil legis- lation, and the professor of the pandects. (Art. 37 of the Decree of the 80 JONES ON THE FRENCH BAB. 4th complementary day of the year XII., and Art. 1, of the Resolution of the 31st October, 1834.) First Examination. After the first year of study, upon presenting the certificates of four inscriptions, and a certificate of assiduity from the two professors whose classes they have followed, the students shall be admitted to a first examination. (Art. 37 of the 4th complementary; and Art. 38, of the Ordinance of the 31st October.) In the faculties of law the students must, except in the case of an excuse considered sufficient by the royal council, undergo their first examination after the fourth quarter has expired; they shall not be allowed to take their seventh inscription in Paris, or the sixth in the departments, until they have undergone their first examination. (Art. 40, of the Statute of ihe 9th April, 1825.) P ^„. -, The first examination for the bachelor's degree shall take *place L J before three professors or supplementary professors. (Art. 40, of the Decree of the 4th Complementary.) In the first examination for this degree, students shall only be ques- tioned upon the first and last articles of the preliminary title, and the two first books of the civil code, leaving out of the fourth title of the first book, the two first sections of the third chapters ; and in Roman law, upon the two first books and the seventeen last titles of the third book of the Institutes of Justinian. (Art. 1. Resolution of the 22nd September, 1843.) Second Examination. After the second year, upon producing the certificates of eight inscrip- tions, and their certificates of assiduity in the classes they are bound to follow, the students shall be admitted to a seccfnd examination, after which, if they are found capable, the diploma of bachelor shall be deli- vered to them in conformity with the 9th article of the law of the 22nd Ventose, year XII. (Art. 39, of the Decree of the 4th Complementary.) This second examination for the degree of bachelor shall take place after the eighth quarter has expired; in Paris, before the eleventh inscription, and in the departments before the tenth. (Art. 40 of the statute of the 9th April, 1825.)(a) (a) Although the regulations do not impose the obligation that the first exami- nation shall be undergone before taking the fifth inscription, or the second, before the taking of the ninth, it is easy to conceive what inconvenience will arise from any delay in undergoing these tests. For, the preparation for the first examina- tion during the second year is necessarily prejudicial to the studies of that year, the importance of which demands the whole of the time of the student. The consequence is still more serious when the second examination is not undergone in the second year, but deferred to the end of the third, during which the aspi- rant for the degree of Licentiate must undergo two more examinations and a pub- lic act. Such delay almost always, as a natural consequence, places the student in the impossibility of terminating his studies in the law within the otherwise possible IjxQits of three years. STUDIES, EXAMINATIONS, AND DEGREES. 81 The examination shall take place before four professors. (Resolution o£ the 5th May, 1829.) *In this examination Students shall be questioned by two ex- p ^^^n -\ aminers on the four first titles and the twentieth title of the '- -• third book of the Civil Code, by a third examiner upon the second, third, and fourth books of the Code of Civil Procedure, and by a fourth examiner upon the two first books of the Penal Code, and upon those parts of the Code of Criminal Instruction which the professor shall have explained in his lectures. (&) (Resolution of the 22nd September, 1843, Art. 2.) THE DIPLOMA OF BACHELOB. _ Those students who shall be found capable on their two first examin- ations, shall obtain the diploma of bachelor-in-law. (Art. 9, Law of the 22nd Ventose, year XII.) 2. THE DEGREE OP LIOENTIATE-IN-LAW. The fees payable in respect of this degree are as follows : — Francs. Pour Inscriptions, at 15 francs, - - - 60 First Examination, ..... 90 Second Examination, ..... 90 Public Act and Diploma, .... 248 488(c) *Those who are desirous of taking the degree of licentiate, p j^nn -i must undergo a third year of study, during which they will fin- ^ J ish the lectures on the Civil Code, and follow besides, the classes on com- mercial and administrative law. (Art. 41, of the 4th Complementary ; (6) The matters of criminal law required for this examination by the faculty of Paris are : — Penal Code, - - . . Preliminary dispositions and the first and second books. Code of Criminal Instruction, - Preliminary dispositious, first and seventh articles. « " " - Booli 2, tit. 1, chap. 2, Correctional Tribu- nals; from article.lVS to 216. " " " - Book 2, tit. 1, chap. 4, Courts of Assize, Hearing, Judgment, and its Execution ; from article 310 to 379. " " " - Book 2, tit. 1, chap. 5, Prescription ; from article 635 to 643. (c) This sum, with the fees payable on taking the bachelor's degree, namely, 326 francs, forms a total of 814 francs for the license, to which, if we add the further sum of 508 francs, payable in respect of the degree of doctor, will make the total expense of the latter 1322 francs. We have already shown that it was provided by Art. 38, of the law of the 22nd Vent6se, year XII., among other things, that the expenses of study, examinations, and diploma were not to exceed the sum of 800 francs for the degree of Licentiate, and 1200 francs for that of doctor. This, however, was altered by a regulation agreed to by the ministers of public instruction and finance, on the 27th of November, 1834, by which the fees paya- ble in respect to the two degrees were fixed at the rate above mentioned. June, 1856. — 6 82 JONESONTHEFRBNCHBAR. Art. 1, of the Ordinance of the 4th October, 1820 ; and Art. 1, of the Resolution of the 1st October, 1822.) The third year, the students shall undergo two examinations, and shall afterwards support a public act or thesis on all the subjects of their studies. (Art. 4, Law of the 22nd Ventose, year XII.) The examinations for the license shall be held before four professors, or supplementary professors. (Art. 43, decree of the 4th Complemen- tary.) First Examination for the Lioense. (thied examination.) As to the desire expressed by the faculty of Paris that the first exam- ination for the license might take place in the course of the ninth inscrip- tion, this not being contrary to the regulations, or to the dispositions of the 15th article of the ordinance of the 5th of July, 1820,(cZ) there is nothing to prevent the measure from being adopted. (Letter of the Minister of Public Instruction of the 9th February, 1835.) One of the examinations for the license shall be on Koman law. (Part of Art. 43, of the 4th Complementary.) r »»J. 1 *Students shall be questioned at the first examination on the L J whole of the institutes. (Deliberation of the Faculty of Paris, 14th November, 1822.) The matters of the lectures on the pandects shall be comprised in the third examination. (Resolution of the 81st October, 1834, Art. 3.) The faculty has decided that all candidates, as well for the license as for the doctor's degree, must be ready at their examinations to answer upon all matters set out in the programme, the subjects of which at pre- sent form the matter of the test, although they may not have been inscribed to all the lectures.{e^ The faculty also decides that a table shall be pre- pared every year, indicating the different titles of the pandects set out in the programme of the examinations since the creation of the class, and that those students who shall not have been inscribed for that class, must be ready to answer upon one of the titles forming the subject of the ex- amination of one of the scholastic years, at the choice of the candidate. (Deliberation of the Faculty of Paris, 18th Jan. 1828.) A few selections taken from the table presenting the different titles of the pandects set out in the programme of examinations since the creation of the class, will be sufficient to show the nature and extent of the exam- inations on this part of Roman law. {d) This article obliges the students to justify their assiduity at the lectures of the subjects which form the matter on which they are about to be examined, failing which, they will not be admitted. Students of the third year having during the eight first quarters of study attended the classes of institutes and pan- dects, may be admitted to examination on Roman law in the course of the ninth inscription. (e) This decision is an application of the spirit of the resolution of the 24th No- vember, 1829, that those students who have taken their inscriptions in the pro- Tinces, and who present themselves for examination before the faculty of Paris, must uudergo the test prescribed by the regulations of that faculty. STUDIES, EXAMINATIONS, AND DEaREES. 83 Scholastic Tear. 1834-1835. The whole of Book vi. 1837-1838. Titles — De Pignoribus et Hypotheclg. Qui potiorcs. Quibus modis Plgnus vel Hypotheca solvitur. 1841-1842. General Principles of the Private Law of the Romans. Book It. tit. 3. De Hereditatig Petitione. Tit. 4. Si Pars He- reditatis petatur. Book X. tit. 2. Patniliae erciscuudse. *1844-1845. General Principles of Obligations ; [ *85 ] or, the Title, De Verborum Obligationibus, book xiv. 1 ; or Titles ■[ ^^° ^°'^'°' ^°°^ ^'"- ^• \ Oommuni dividundo, book x. 3. The Second Examination for the License, (foubth examination.) The second examination prescribed for the third year may be undergone in the course of the eleventh inscription, (Art. 3, of the Decree of the 3rd July, 1806.) The Decree of the 3rd July, 1806 was implicitly annulled by the 11th Article of the Decree of the 17th March, 1808. If the decision of the king, of the 13th July, 1821, has revived Art. 3, of the Decree of the 3rd July, it ia only as an exceptional measure, and in favour of such students as terminate their studies at the end of their scholastic year.(/) (Letter of the minister of public instruction, 6th June, 1825.) (1.) THE WRITTEN TEST OH COMPOSITION. From and after the next scholastic year, the second examination for the degree of licentiate, shall comprise a written test or composition on one of the matters of study obligatory for the said degree. This test must be gone through by every candidate the same day as the oral exami- nation to which he is likewise subjected. The mode of conducting the said composition shall be regulated by a resolution of our royal council of public instruction. (Art. 2, of the Ordinance of the 6th July, 1841.) Taking into consideration the actual increase in the number of students who present themselves for examination in the faculty of Paris, the royal council decides that there is *reason to put the candidates ^ ^„„ -. for the second examination for the licentiate's degree through the L J written test, the day immediately preceding the one appointed for the oral examination. (Eesolution of the 1st December, 1843.) The professors and supplementary professors shall express their opin- ions on the examinations and public acts by secret ballot with black and white balls ; the result of their judgment shall be written and signed. (Art. 53, of the Decree of the 4th Complementary.) White, red, and black balls shall be used in voting. The white balls shall express the unanimous admission; the red, the admission by the majority; and the black shall express the adjournment. (Deliberation of the School of Law in Paris, 9th January, 1806.) (/) The students who do not terminate their studies at the end of the scholas- tic year, that is to say, who do not take their eleventh inscription at the third quarter of a scholastic year, cannot undergo their examination unless they pro- duce a certificate of inscription delivered at the closing of the eleventh quarter. 84 JONES ON THE FRENCH BAR. The examiners shall give their judgment as well on the written test or composition as on the oral examination by a single ballot, expressed according to the forms at present established in the faculty of law in Paris. (Art. 3, Ordinance 6th July, 1841.) For the future the minutes of the examinations and public acts shall mention the number of balls of each kimd which shall have been deposited in the urn. (Deliberation of the Faculty of Paris, 26th December, 1834.) The candidate whose admission shall take place by unanimity of white balls, whether as bachelor, licentiate, or doctor, shall be proclaimed as received with eulogium, and mention of the ballot shall be made upon the certificate which is delivered to him. Every ballot at which a candi- date shall have two black balls, shall be followed by an adjournment as an inevitable consequence. (Art. 6, of the Kesolution of the 6th July, 1841.) As to the written test or composition, which is to take place conformably to the 2nd Art. of the Royal Ordinance of the 6th of July, 1841, all candi- dates who are inscribed for the purpose of undergoing the second examina- tion for the license on the same day, shall assemble in one of the rooms of Pju„--, the faculty. Each candidate shall have a sheet of paper *presented L J to him, which shall be drawn for, on which shall be written the subject to be treated by him, which subject may be chosen from the matters either of Roman or French law. The composition of each candi- date, written in French, shall comprise, in summary and precise terms, the exposition of the subject which shall have fallen to his lot. Two hours shall be allowed for the task, during which the candidates shall remain under the constant inspection of a professor or supplementary professor delegated for this purpose. They shall hold no communication with each other, or from without, under pain of exclusion; and no book or collection of texts shall be permitted them. Each candidate, when he has finished his composition, shall sign it and deliver it to the inspect- ing professor, who shall visd it, in order that it may be transmitted imme- diately to the President of the Board of Examiners. (Articles 1, 2, 3, 4, and 5, of the Resolution of the 6th July, 1841.) The faculty decides, that if any student fail to present himself at the second examination for the license after he has done his written composi- tion, he will not be admitted to undergo that examination till after the lapse of time equal to the delay fixed in cases of adjournment. (Delibera- tion of the Faculty of Paris, 17th February, 1842.) (8.) THE OBAL EXAMINATIOK. All those parts of the Civil Code which shall not have been the subject of the preceding examinations shall be comprised in the second examina- tion for the license. (Art. 3. of the Resolution of the 22nd September, 1843.) The Code of Commerce shall form part of the fourth examination. (Resolution of the 1st October, 1822 ; and Art. 3, of the Resolution of the 31st October, 1834.) STUDIES, EXAMINATIONS, AND DEGREES. 85 Administrative law shall form part of the fourth examination. (Art. 1, Kesolution 5th May, 1829.) The faculty decides, that the professor of administrative *law _ ^q„ -. be required to determine the matters of his lectures, which shall L J form part of the programme of the examination. (5^) (Deliberation of the Faculty of Paris, 11th March, 1830.) THE PUBLIC ACT, OE THESIS, FOE THE LICENTIATE'S DHOBEE. If the result of the examinations for the license be favourable, the candidates shall be admitted to support a public act ; after which they shall obtain a diploma of licentiate, if they are found capable. (Art. 44, of the Decree of the 4th Complementary.) Those students who terminate their studies at the end of the scholastic year, are authorised to support their thesis in the course of the twelfth quarter. (A) (Art. 3, of the Decree of the Srd July, 1806, and Decision of the 13th June, 1821.) Nevertheless, no diploma shall be delivered, unless it be shown by certificates of assiduity from the professors of the grantee, that he has fully completed the time of study required by law. (Art. 5, of the De- cree of the Srd July, 1806.) The thesis cannot be supported till one month after the fourth exami- nation. No dispensation can be granted in this respect, unless under very serious circumstances. (Deliberation of the Faculty of Paris, 19th November, 1840.) DEAWINO rOE THE SUEJBCT-MATTBB OP THE THESIS. For the future, students shall draw lots for the matters of the theses or public acts. A designation of the matters of Eoman law, and a divi- sion gf those of the Civil Code, shall be made for the execution of this decision. (Deliberation of the Faculty of Paris, 23rd January, 1806.) *The matters designated in conformity with the above deli- ^ ^^q -, beration of the faculty form 128 heads, from which we shall L -I select a few for the purpose of showing the nature of the thesis, so that we may be better appreciate its importance. Extract of the Matters at present designated hy the faculty of Paris, and forming the following Heads: — Nol. FRENCH LAW. Code Napoleon, or Civil Code, book i. tit. i. chap, 1, chap. 2, section 1, arts. 7, to 21. (^) This programme varies every year according to the modifications introduced by the professor. (A) Those students who have not taken their twelfth inscription at the last quarter of the scholastic year, cannot be admitted to support their thesis unless they produce a certificate of assiduity, given at the closing of the twelfth quarter. 86 JONBSONTHEFRENCHBAK. Code Napoleon, or Civil Code, Preliminary Title, art. 3. Code of Procedure, arts. 166, 167, and 905. Code of Criminal Instruction, arts. 5, 6, and 7. Constitution of the 22nd Primaire, year viii. tit. i. arts. 1, to 5. Decrees of the 6th April, 1809, and of the 26th August, 1811. Opinions of the Council of State of the 21st January, and 22nd May, 1812. SenatQs-Consultum of the 19th February, 1808, Upon Naturalization. Decree of the 17th March, 1809, On Naturalization. Ordinance of the 4th June, 1814, On Grand Naturalization. The Law of the 17th April, 1832, on Arrest, tit. iii. arts. 14, to 18. ROMAN LAW. De Statu Hominum, D. i. 5. De his qui sui vel alieni Juris sunt, D. i. 6. De Capite minutes, D. iv. 5. Gaii Institut. Comm. i. §§ 28, to 35; 65, to 83; 89, to 96. Ulpiani Pragmenta, tit. 3. [ *90 ] *No. 50. PEENOH LAW. Civil Code, from art. 1035, to 1047 ; from art. 954, to 959 ; art. 1089. The law of the 21st June, 1843, art. 2. BOMAIt LAW. De Injusto, &c., D. xxviii. 8. Ulpiani Pragmenta, tit. xxiv. Quemadmodum Testamenta rumpantur. No. 61. FRENCH LAW. Civil Code, from art 1119, to 1122; 1165, to 1167.^ Code of Procedure, part i. book iv. tit. i. arts. 474, to 479. " " part i. book v. tit, vii. .arts. 557, to 582. * Code of Commerce, book iii. tit. i., general dispositions. " " " chap. i. arts. 437, to 450. ROMAN LAW. Quse in Praudem Creditorum, &o., D. xlii. 8. No. 80. PRBNOH LAW. Civil Code, art. 1370 ; arts. 1382, to 1386 ; arts. 1146 to 1155. Code of Commerce, arts. 216, and 217. The law of the 16th Prairial, year iii., on stealing Grain. r *91 1 *'^^^ ^^^ °^ ^^^ ^^^^ Vend^miaire, year iv.. On the Respon- •- -J sibility of the Communes, tit. i. ii. iii. iv. and v. STUDIES, EXAMINATIONS, AND DBOREES. 87 The Code Forestier, art. 206. The Law of the 3rd May, 1844 (Qame Law,) art. 28. The Law of the 28th September, 1791, Oa the Rural Police, tit. ii. arts. 7, 8, 12, 16, and 23. Decree of the 15th November, 1811, On the Government of the University, art. 79. The Law of the 15th April, 1829, On River Fishing, art. 74. ROMAN LAW. Si Quadrupes Pauperiem, &c., D. ix. 1. De his qui effuderint, D. ix. 3. De noxalibus Actionibus, D. ix. 4. Nautae, Caupones, &c., D. iv. 9. Furti adversus Nautas, D. xlvii. 5. Pauli Sentent., lib. v. tit. iii. De his quae per Turbam fiunt. No. 95. TEENOH LAW. Civil Code, book iii. tit. vi. chaps. 1, 2, 3, 4, and 5, from art. 1582, to 1657. " " tit. vii., from art. 1702, to 1707. Code of Procedure, from art. 175, to 186. The Law of the 20th May, 1838 (Law of Warranty of Domestic Animals.) The Law of the 25th June, 1841 ; as to the Sale by Auction of new Merchandize. EOMAN LAW. De Evictionibus. De Exceptione Rei venditse, &c., D. xxi. 2, and 3. *No. 104. [*92] . FRENCH LAW. Civil Code, from art. 1708, to 1711 ; from 1779, to 1781 ; 1787, to 1799; 1984, to 2010. Code of Commerce, arts. 71, to 95 ; 250, to 272. The Law of the 21st June, 1843, On Notarial Acts, art. 2. ROMAN LAW. De exeroitoria Actione, D. xiv. 1. De institoria Actione, D. xiv. 3 j C. iv. 25. Quod Jussu, D. XV. 4. No. 119. rEENCH LAW. Civil Code, arts. 2103, to 2105 ; art. 2111 ; arts. 878, to 881. JONES ON THE FRENCH BAR. EOMAN LATV. De Pignoribus et Hypothecis, D. xx. 1. De Separationibus, D. xlii. 6. No. 123. FRENCH LATT. Civil Code, book iii. tit. xix. arts. 2204, to 2218. Code of Procedure, part i. book v. tit. xiii. arts. 673, to 717. EOMAN LAW. Quibus ex Causis in Possessionem eatur. De Kebus Auotoritate Judieis possidendis. De Curatore bonis dando, D. xlii. 4, 5, and 7. [*93] *No. 128. FKENCH LAW. Civil Code, book iii. tit, iii. chap. 6, sect. 1, from art. 1317 to 1321 ; §§ 4 and 5, from art. 1334 to 1337. The lavf of the 25th Ventose, year xi., on the Profession of Notary. The law of the 21st June, 1843, on the form of Notarial Acts. EOMAN LAW. De Fide Instrumentorum, D. xxii. 4 ; C. iv. 21. Novelise, 44 and 73. Every student of the faculty of Paris, having taken his eleventh in- scription, and passed his third examination, shall immediately be ' admitted to draw the matter of the thesis he will have to support before he obtains the degree of licentiate. (Art. 1, resolution 28th June, 1836.) Every week a drawing of the matters of the theses shall take place in the presence of the assembly of the faculty. The students admitted to the drawing shall be called in alphabetical order. The professors shall each in turn and by seniority act as presidents. No student shall be admitted to support his thesis unless he brings with him a ticket con- formable to the minutes of the sitting in which the matters of his thesis were delivered to him. (Deliberation of the Faculty of Paris, 20th Feb- ruary, 1840.) The faculty revokes the decision of the 13th November, 1817, to the effect, that the drawing should be considered as null, if the candidate did not present himself to support his thesis within the space of three months from such drawing. (Deliberation of the Faculty of Paris, 2nd Decem- ber, 1830.) The president examines the manuscript of the thesis and signs it, and is responsible as well for the principles as the opinions it contains, in r »Q4. 1 ''^sp^*'*' *" religion, morality, and *public order. Two copies L -J must be sent to the royal council, and one to the rector of the STUDIES, EXAMINATIONS, AND DEGREES. 89 academy, previously to the day fixed upon for supporting the thesis. (Art. 41, of the statute of the 9th April, 1825. If a thesis distributed in public, be not conformable to the manuscript submitted to the examination of the president, or if it should be printed before it receives his signature, it shall be considered as null and void. If the test has been undergone by the candidate, it shall be nullified by this act alone ; the diploma shall not be delivered to him, or it shall be cancelled; and in no case can he support a new thesis upon other matter, till after a space of time to be fixed by the royal council, without prejudice to any other academic punishment which the can- didate may have incurred, by reason of the principles contained in 'tis printed thesis distributed in violation of the regulations. (Article 42, same statute.) THE MODE OF PBESBNTINO THE THESIS IN PAMS. — THE PRINTING- AND THE DEPOSIT, 1. Every student on depositing the fees for his thesis, must at the same time present to the secretary of the faculty, the ticket delivered to him at the time of the drawing of the matter. The secretary shall indicate on the back of the papers relating to each student, the name of the pre- sident and the matter of the thesis. 2. A list of the candidates to whom a day shall be given for their theses, shall be settled every week at an- assembly of the faculty, and no name can be added to this list when once it was been closed by the assembly. 3. The name of the president and his colleagues shall be indicated on the theses ; but those names may not be printed without a permission from the secretary. 4. The printed copies of the theses must be deposited('t) at p- j^q, -. *the faculty two days previously to that on which the theses will '- -■ have to be supported. 5. No thesis can be supported contrary to the preceding regulations. (Deliberation of the Faculty of Paris of the 7th of March, 1839.) TEE THESIS AND DIPLOUA. Any student who retires after the public act has commenced, without being authorized by the examiners, is assimilated to those whose refusal is pronounced by the means of the ballot. The public acts are con- sidered as begun from the moment the president announces that the sittings are opened. (Deliberation of the Faculty Paris, 7th July, 1825 ; approved by the Royal Council on 16th July, 1826.) That part of the text of the thesis which relates to French law, is written in the French language, and that which relates to Roman law, in Latin, though the arguments in support of the latter are carried on in the French language. (Ordinance of the 24th June, 1840.) Finally, those students who have already obtained the diploma of bachelor-in-law, and shall be found capable on their two examinations (i) These copies are fifty in number. 90 JONB^ ON THE FRENCH BAR. and public act of the third year, shall receive a diploma of licentiate. (Art. 10, of the law of the 22nd Ventoae, year XII.) SPECIAL EXAMINATION ON THE HISTOBT OF LAW AND THE LAW OP NATIONS. The courses of study on the law of nations, and the history of law (French and Roman) are only obligatory on candidates for the doctor's degree ; for all other students-at-law they are optional. Those among the latter who may have followed these classes may make application to be examined on the matters taught therein. In such case, besides their r »Qfi T "^ip^oni*} tlisy shall have a certificate delivered *to them, testify- L J ing as to the manner in which they may have passed such exam- ination. (Art. 2, of the Ordinance of the 26th March, 1829.) Candidates for the licentiate's degree, having followed two courses of the history of law and the law of nations, and who shall desire to be examined in those matters, may undergo their examination either before or after they have supported their thesis for the degree of licentiate. (Letter of the Minister of the 6th of September, 1831.) 3. THE DEGREE OF DOCTOR-IN-LAW. The fees payable in respect to this decree are : — Francs. Four Inscriptions, at 15 francs, - - - 60 First Examination, ... - . - 90 Second Examination, - - - - - 90 Thesis and Diploma, ------ 268 508 A fourth year of study is required for the doctor's degree. (Art. 54, of the 4th Complementary.) The aspirants must attend two classes of the civil code at their choice. (Art. 2, of the Resolution of the 1st October, 1822.) In Paris the classes on the law of nations, the history of Roman and French law, and on French constitutional law are obligatory for aspir- ants for the doctor's degree.(/i;) (Art. 2, of the 29th March, 1829, and Art. 1, of the Ordinan,ce of the 29th September, 1835.) Those who intend to take a doctor's degree must undergo two exam- inations, and support a public act. (Art. 4, of the law of the 22nd Ventose, year XII.) J. j^g„ -. A more profound degree of knowledge shall be required at ^ J *these examinations than at the preceding ones. (Art. 46, of the decree of the 4th Complementary day, year XII.) The examinations shall take place before five professors or supplemen- tary professors. (Art. 47, same Decree.) The first of the examinations prescribed for the fourth year by para- graph 3, of Art. 4, of the law of the 22nd Ventose, year XII., and (i) In the provincea they must follow the two classes on the civil code, and those on the code of commerce, code of procedure, and administrative law. STUDIES, EXAMINATIONS, AND DEORBBS. 91 Art. 66, of the decree of the 4th complementary, may be undergone in the fourteenth quarter, the second in the course of the fifteenth, and the public act in the sixteenth. (Z) (Art. 4, of the Decree of the 3rd July, 1806.) The First Examination for the Doctor's DEGREE.(»n) The aspirants for the doctor's degree shall undergo one of the exami- nations on Roman law. They shall be questioned on the institutes of Justinian and on the Pandects. (Art. 46, of the Decree of the 4th Com- plementary, and Art. 2, of the Resolution of the 1st of October, 1822.) They shall be questioned at the first examination on that part of the pandects which shall have been explained to them during their second year of studies. (Deliberation of the Faculty of Paris of the 6th April, 1837.) Second Examination. This examination cannot be passed until the fifteenth quarter's studies are complete. Those aspirants who terminate their studies at the end of the scholastic year may be admitted to undergo this test in the course of the fifteenth inscription. (Art. 4, of the Decree of the Srd July, 1806, and Decision of the King, 13th June, 1821.) *The matters for the examination are : — (n) P ^q„ , The Civil Code. (Art. 89, Decree of the 4th Complemen- L J tary, year XII.) The law of nations and the history of law. (Art. 4, of the Resolu- tion of the 5th May, 1829.) French Constitutional law.(o) (Art. 1, of the Resolution of the 6th October, 1855.) THE THESIS AND DIPLOMA. If the aspirant be found capable at his two examinations he shall be admitted to support his public act or thesis. (Art. 48, of the 4th Complementary.) Finally, those aspirants who have already obtained the diploma of licentiate-in-law, and who shall be found capable on their two examina- tions and public act of the fourth year, shall receive a diploma of doctor- in-law. (Art. 49, same Decree.) We have already seen the method of drawing for the matters which (I) This decree was repealed by that of the lYth March, 1808. A decision of the 13th June, 1821, revives this article in favor of those who terminate their studies at the end of the scholastic year. Those who do not thus finish their studies cannot, therefore, present themselves for examination and thesis, until the quarters are fully complete. (m) Those who cannot take their sixteenth inscription at the last quarter of the scholastic year, are admitted to this examination at the expiration of the four- teenth inscription. (re) In the provinces, all the matters of instruction except Roman law. (o) This branch of the legal studies hns been suppressed by an imperial decree of the 8th December, 1852. 92 JONES ON THE FRENCH BAB. form the substance of the thesis for the degree of licentiate, as well as all other dispositions relating thereto, and as they are precisely the same with respect to the thesis for the degree of doctor, any further observations thereon would be useless. We may however remark, that the matters set apart as the ground-work of the thesis for the degree of doctor form fifty-one different portions or heads, of which we shall pre- sent a few, to give an adequate idea of the importance, purport, and style of this composition. Extract of the Matters at present designated for the Thesis of Doctor ly the Faculty of Paris, forming the following Heads : — No. 1. FEENOH LAW. Civil Code, Preliminary Title, from art. 1, to 6. [ *99 ] *BOMAlf LAW. De Officio, Judicis, Inst. iv. 17. No. 8. FRENCH LAW. Civil Code, book ii. tit. ii. arts. 544, to 577; arts. 2279, and 2280. Code of Procedure, part ii. book i. tit. iii. arts. 826, to 834. ROMAN LAW. De Eei Vindicatione. De Publiciana in Rem, D. vi. 1 et 2. No. 13. FRENCH LAW. Civil Code, book iii. tit. i. chaps. 1, 2, 3, and 4, arts. 718, to 773. ROMAN LAW. De suis et Legitimis. Ad. SC, Tertullian, D. xxxviii. 16 et 17. Novelise, 118, et 127, cap. 1. De Conjunasndis, D. xxxvii. 8. Unde Liber? Unde Legitimi. Unde Cognati. Unde Vir et Uxor. Quia Ordo. STUDIES, EXAMINATIONS, AND DEGREES. 93 No. 25. FRENCH lAW. Civil Code, book iii. tit. iii. chaps. 1, 2, 3, and 4, arts 1101, to 1233. *BOMAN LAW. [*100] De Verborum Obligationibus, D. xlv. 1. ^ No. 34. FRENCH LAW. Civil Code, book iii. tit. iv. arts. 1370, to 1386. Code of Criminal Instruction, Preliminary Dispositions, arts., 1 to 7; " ^ « book i. chap. 6 sec. 2, dist. 2 § 2, arts. 63, to 70. Penal Code, book ii. arts. 59, to 74. ROMAN LAW. Si Quadrupes Pauper. Ad Legem Aquiliam. De his qui effud. De noxalibus Actionib., D. ix. 1, 2, 3, et 4. FRENCH LAW. Civil Code, book iii. tit. iii. chap. 3, sec. 6, arts. ir65, to 1167. Code of Procedure, part i. book iv. tit. i. arts. 474, to 479. Code of Commerce, book iii. tit. i. chap. i. arts. 442, to 448. ROMAN LAW. De his quae in Fraudem. De Rebus Auctorit. Judicis, D. xlii. 5, et 8. *No. 48. [*101] FRENCH LAW. Civil Code, book iii. tit. xviii. chaps. 5, 6, 7, 8, 9, and 10, arts. 2157, to 2203. ROMAN LAW. Pandectarum Liber Vigesimus. No. 51. FRENCH LAW. Civil Code, book iii. tit. xx. Prescription, considered only as a means of acquiring. Code of Procedure, part i. book i. tit. iv. arts. 23, to 27. 94 JONESONTHBFEBNCHBAB. ROMAN LAW. De Interdictis. De vi et vi armata. TJti possidetis. De Precario, D. xliii. 1, 16, 17, et 26. In future those aspirants for the doctor's degree who shall have ob- tained a majority of white balls at the two examinations of the fourth year, shall be allowed to choose the matt^ of their thesis, subject to the approbation of the faculty ; if the faculty rejects the matter presented in that case the candidate must draw. (Deliberation of the Faculty of Paris, 14th January, 1841.) Independently of the copies of each thesis, as provided by the resolu- tion of the 13th October, 1809, in the case of the licentiate, every aspirant must deposit a number equal to that of the faculties of law. These copies must be transmitted to the seat of the university, with the certifi- r*i noi "^'^^ °f *aptitude ; and one of the copies shall be addressed to L J every faculty of Law, to be placed in its library, (r) (Kesolution of the 23rd February, 1844.) Circular of the Minister of Public Instruction relative to the Thesis for the Degree of Doctor-in- Law of the Wth August, 1840. " To the Rector of, &c. " Sir, " The importance attached to the doctor's degree in the faculties of law requires that this high degree be not conferred without serious proof of the real and solid instruction of the candidates. The faculties, I am aware, pay a justly severe attention in the reception of young doctors, but the royal council is desirous of being able to verify and appreciate the relative force of the tests in the different academies, so as everywhere to maintain at a suitable height the level of the studies. " Consequently I have decided that the Deans shall address to me, with the theses of the candidates for the degree of doctor, a special report of the manner in which the tests have been supported. You will add your own observations to it, if need be. The report will be read at a meeting of the royal council before the ratification of the certificate of aptitude, and the remarks to which it may give rise, will each time be communicated to the faculties. " The measure is already usefully applied in the faculties of letters and sciences ; it cannot therefore be otherwise than advantageous to adopt it in the faculties of law. The high supervision which the royal council is called upon to exercise over the different branches of public instruction will thus be fortified, to the great benefit and advantage of the study of the law, which every day acquires new development." (r) The total number of copies to be deposited is sixty. ANNUAL PRIZES IN THE FACULTIES OF LAW. 95 *CHAPTEK VI. [*103] ANNUAL PEIZES IN THE FACULTIES OF LAW. INTRODUCTORY REMARKS. — REPORT OP M. COUSIN TO H. M. KING LOUIS PHILIPPE ON THE SUBJECT OP ANNUAL PRIZES IN THE PACULTIES OP LAW. — ROTAL ORDINANCE CONSEQUENT THEREON. — CONCLUSION. Besides those studies and duties which we have passed in review? and which are obligatory on the part of the candidates for the various degrees in the faculties of law, there are others which are merely optional, but which add considerable lustre to the career of those students who have been successful in making them the complement of their legal educa- tion. We refer to the competition for annual prizes, an institution which was founded by his late majesty King Louis Philippe, the 17th March, 1840, on the report of M. Cousin, the then minister of public instruc- tion. In order fully to appreciate the motives, the merit, and the nature of this valuable institution, we cannot do better than set out the report of M. Cousin, which will be found to be a most lucid and remarkable piece of reasoning on the subject. He says: — " The study of the law is one of the most important which has been confided to the university, and every body admits that it demands a new impulse, to give it that elevated position at which it had arrived in France in the sixteenth and seventeenth centuries. Seconded by the royal council of public instruction and the commission on law studies instituted by the royal decision of the 29th June, 1838, I trust I shall be able successively to propose to your majesty such measures *as will r^^-inA-, ameliorate the study of the law in the nine faculties of the king- L -I dom. At present, I have the honour to submit to your majesty a pri- mary measure, the utility of which is incontestable, namely, the regular establishment of prizes in the faculties of law. "In the present state of things the students of the faculties of law undergo certain examinations for the degrees of bachelor, licentiate, and doctor J but these examinations are individual, and do not afford matter of comparison between the candidates. Hence the absence of that emu- lation, which certainly must not be too much developed, but which must not either be stifled in the heart of man, because it is the source of all noble works. The secondary branch of public instruction is perhaps overcharged with prizes, the superior branch has none whatever. I therefore purpose filling up this blank, beginning with the faculties of law. "The faculties of Poitiers and Aix have already taken an honourable initiate. I have asked the faculty of Paris for a note on this subject ; I have consulted the high commission, which has been unanimous as to the utility of this institution ; and the royal council of public instruction has no less favourably entertained it. It has been tried, and experience has confirmed it in two countries where legal studies are flourishing, in 9Q JONES ON THE FRENCH BAR. Holland and Germany. More than one dissertation, crowned in the German and Dutch universities, has awakened a talent, created a voca- tion, decided a career. Sometimes even works have been produced by •those competitions which have taken rank in science. Why should not the same institution produce the same result among us ? I therefore propose with confidence to your majesty the accompanying ordinance, which will be followed by a special regulation deliberated in the royal council of public instruction. The ordinance lays down the principles, the regulation will apply them ; and here the principles, are extremely simple. " It has appeared to me useless to establish any competition or prizes in favour of students of the first and second year, whose studies are not r*infn ^® yet sufficiently advanced to merit *any other recompense than L -I the degree after the ordinary examinations. But we shall be greatly encouraging, although in an indirect manner, the labour of the students of the first and second year, by placing at the end of the third, a competition, to which there shall be admitted such students only as have distinguished themselves in the examinations of the preceding years ; at the same time the studies will then be sufficiently advanced to lead to results of some importance from this competition. There will be two subjects for the prizes, both taken from the matters which have been taught; the one from the French, the other from the Roman law. I have been desirous, without ceasing to honour our national law, to show a just solicitude for Boman law, that law which has been called La Raison 4crite, and which forms the foundation of the civil legislation of all Europe. Besides, the Roman law, in order to be well understood, oflfers the advantage of requiring, a patient and assiduous study of Boman antiquity, the jurisconsults, the historians, the orators, and almost all the monuments of ancient Bome ; and your majesty knows how necessary it is to encourage the love of labour in our lively and ingenious youth. " But at the end of the fourth year, a competition of a different kind will be opened between the aspirants to the degree of doctor and the doctors of that and the preceding year. The competition of the third year is rather of a scholastic character ; this one will be academic : it will treat upon matters proposed by the faculty, and which the minister himself, assisted by the high commission of studies and the royal council, shall select, and although confined to the studies of the schools, shall be destined to be useful to science. The matters, as in the case of all academic competitions, shall be published eight months at least in advance. " We may therefore reasonably hope that these competitions will be productive of some truly remarkable dissertations, and that the laureates, by their very success, will contract such engagements with judicid science as will bind them to this important study, and induce them to r*10fi1 ^^°P* ^^^ career of *teachers. Thus will be formed a nursery L J for the recruiting of professors of law. " Finally, these difierent prizes, with the advantages attached to them, should be proclaimed at the meeting for the annual opening of the facul- ties, and be the occasion of a solemnity like that for the distribution of ANNUAL PRIZES IN THE FACULTIES OF LAW. 97 prizes in our colleges. This solemnity would arouse more than one generous ambition, and the serious reports that would there be read, would mark successively, from year to year, the progress of the studies in each faculty, and would keep up among all the faculties of the king- dom a noble emulation, and that peaceful and regular movement which is the soul of everything. " If your majesty deigns to approve of these principles and these dis- positions, your majesty will be pleased to affix your signature to the accompanying ordinance, &c." The terms of the royal ordinance of the 17th March, 1840, establishing the different prizes in the faculties of law, are as follows : — " Art. 1, prizes and honourable mentions shall be distributed every year in all the faculties of law in the kingdom, according to the result of a competition which shall take place : — first, among the students of the third year; secondly, among those of the fourth year, aspiring to, the degree of doctor, and the doctors received by each faculty, whether in the course of that year or the preceding one. " 2. Two first and two second prizes shall be distributed among the students of the third year: — first, for a composition written on a subject of Boman law; and secondly, a composition on a subject of French law, chosen among the different matters taught in the faculties of law. " 3. Two gold medals shall be awarded to students of the fourth year, aspirants for the degree of doctor, and the doctors, for a written disserta- tion, the subject of which, chosen by the minister of public instruction from a list of questions taken from the different matters of law which are taught, shall have been published eight months in advance. "4. The students of the third year who shall have obtained T-,t:-in'j-, *a first or second prize, shall have no fees to pay for their inscrip- L J tions, examinations, and diploma of doctor. " 5. A regulation, settled by the royal council of public instruction, shall determine the conditions of admission to the competition, and the manner in which it shall be carried out. " 6. The distribution of prizes and medals shall take place every year at the solemn sitting of the opening of each faculty. "(a) There are other prizes, both of a public and private character attached to the faculties of law, in favour of the successful competitors of the two classes above-mentioned, but which it will not be necessary for us to notice more fully, having already, we trust, said sufficient on this subject to show the nature of the institution of annual prizes, and its value and importance as an incentive to studious exertion. (o) The measure which prescribes a solemn sitting for the opening of the -facul- ties is not applicable to Paris. We find by the resolution of the 25th February, 1842, art. 1, " That in the faculty of Paris the sitting for the distribution of the prizes and medals shall be held at the commencement of the second six months of the scholastic year. June, 1856. — 7 JONES ON THE FRENCH BAR. CONCLUSION. The foregoing is a succinct account of the different studies required by the faculties of law and the university on the part of those who seek the title of advocate; and although it will be admitted that the ordeal is of a serious and difficult character, still the great importance and the responsibility of the functions which a man takes upon himself when he enters upon the duties of that honourable profession, more than justify the severe and stringent test to which he is subjected to prove his quali- fications, and to place beyond all doubt the degree of knowledge and learning he has attained. r*l nST *-^^ ^ general rule, anything to be properly studied should L J be properly taught ; and of all sciences, perhaps the science of the law has the greatest need of a proper direction in that respect. As vast as it is important, the human mind cannot embrace all its parts, unless it be aided and guided in its researches. On reflecting but lightly on the matter, one might perhaps be led to imagine that law is nothing more than a treaty of natural morality, and as this is the science of all others which people think they have the least need to study, they might easily persuade themselves that they may possess a knowledge of the law without the trouble of studying it, or at all events by studying it only superficially. But this is a grave error, and being so understood and appreciated in France, a most stringent and severe trial is required before a man will be permitted to take upon himself a responsibility which, in the absence of learning and knowledge, he would not be justi- fied in doing. If, however, on the one hand, a competent degree of legal knowledge is requisite to obtain the status of advocate^ the legislature in France has, on the other, taken especial care that the teaching of this indispen- sable and necessary science should be subject to a constant and uniform movement, and that those who are destined to fill the grave and impor- tant duties of judges, or those who devote themselves to the honourable but laborious task of defending the rights, the property, or the life of their fellow-citizens, should easily find the means of acquiring a real and true knowledge of their duties, and an access as sure as rapid to that science which teaches them those duties. But these means should be, and indeed are, su^h, that at the same time that they offer every kind of facility to true merit and distinguished talent, they necessarily exclude from the seat of justice as well as from the bar, both acknowledged mediocrity and doubtful probity. It is of the greatest importance that a client should have the moral certitude of the probity and the learning of the man to whom he confides the defence of bis honour or of his r*10Q1 ^°''*'*'^^- i* is t^s intimate conviction of this truth, acknow- L J ledged *at all times and in all ages, that has presided over, and Still presides over, the regulations for the study of the law, in all coun- tries which possess any laws or any morality. Everywhere it has been felt, that, since the progress of civilization has rendered the first notions CONCLUSION. 99 of natural law insufficient, society could not pay too scrupulous an attention in the choice of those whom she calls upon to act as the arbi- trators of her dearest interests. Nor is the particular law of any people a speculative science : it is the science of that which is, and not of what may or ought to be some day. Eeflection alone can never give any exact notions of it ; it has its source in the will of the legislator, and that will can never be thoroughly understood without profound and methodical study. No doubt it would be desirable for the general good of society and the particular tranquillity of nations, if the first and great principles of equity, which nature has planted in the heart of all men, were the only neces- sary legislation, and that those first and universal laws had no need of those commentaries which have from time to time appeared, and which have necessarily varied according to the manners, the customs, and the particular dispositions of difierent people, and indeed too often, also, according to the passions and caprice of certain men who have made their will the law for others. But as society has advanced on the high road of civilization, that state of things could no longer endure j and hence that immense mass of treaties and commentaries, in the midst of which one seeks in vain the simple text of nature, and which have rendered the science of the world, the clearest in principle, the longest and most com- plicated of all studies. The necessity, therefore, of properly teach- ing and properly studying this important science is so obvious to any ordinary mind, and so intimately connected with the well-being of soci- ety in all its dealings and actions, that no amount of care and attention can be too great in watching over this branch of instruction. So much, then, for the necessity of the study of the law ; *as p^, .. ,,, to its utility, this would seem to us not to admit of any question. •- J To contest it, would be simply to pretend that a knowledge of the law is superfluous ; that neither the public nor the state has any advantage in it ; and certainly no one would venture to advance such a revolting par- adox in the present age. Were law simply considered as an assemblage of precepts to incline us towards justice and teach us its practice, it is a most powerful check to keep man within the bounds of duty. In thisrespect alone it would be necessary and wise to spread the science abroad, as a means of ameliorating the moral condition of the people, thus rendering offences and crimes more rare, and. society consequently more happy. We now proceed to the third part of our work, namely, a history of the French bar, which will afford us the opportunity of considering the licentiate in his newly-acquired position, that is, the fresh ordeal he has to undergo before he can obtain his inscription on the table of advocates, together with the rules and regulations which are to serve as the basis and foundation of his conduct in life, if he should ultimately succeed in being admitted to the full enjoyment of the privileges of the profession; for, as we now take leave of him, with his simple degree, he is yet very far from the end of his period of trial, and may or may not, after all, according to circumstances, ever be allowed to form part of any bar, or even to assume the honourable distinction and title of an advocate. 100 JONES ON THE FRENCH BAR. [*lll] *PART III. A HISTORY OF THE FRENCH BAR, ANCIENT AND MODERN. THE ANCIENT FRENCH BAR There are some very good works on the advocates ot the French bar; and still it might be said that a history of the har is yet to be written. It would offer a powerful interest, but also most serious diflSculties; it would be necessary for some man of a superior mind to consecrate to such a work the result of immense research and serious study, for, in order to be complete, it should go back to the remotest times, show us at the pro- per point of view the manners of the people, their governments, their legislation, mark out their relations with the profession of the advocates, and even set forth the pojitical events in which the advocates have been called upon to take a more or less active part. Such being the case, it would seem, at first sight, more proper if we had intituled this part of our work a sketch than a history of the French bar, and which perhaps we should have done, but for the reason that we considered a sketch of the French bar would seem rather to apply to the persons than the thing; for we^ have no intention of attempting that which we have already admitted to be a work of great labour and study, but simply to give our readers a general notion of the French bar as it was, and as it is at the present day. r*n91 *The annals of the ancient bar embrace three distinct and L J remarkable periods. The two first belong to Athens and Kome j and we may judge of the height which the profession then attained by the illustrious men it produced ; those celebrated orators, these great jurisconsults of antiquity, are known to everybody. We shall only speak of the third period in which the ancient French bar is placed ; and, with- out entering into historical facts, which would pass our limits, we shall' confine ourselves to the indication of the regulating dispositions -and tra- ditional elements which constitute it, which regulations and elements are, for the most part, maintained at the present day. There exists no regulation, nor even tradition, relating to the French bar in the sixth, seventh, and eighth centuries. The discipline of the Roman bar had passed into Graul after its invasion by the Romans ; but it changed its form, or rather it totally disappeared after the Franks had retaken Oaul, and during all the first race of French kings. The capi- tularies of Charlemagne in 802 first make mention of the profession of the advocate. They provide, " that nobody should be admitted therein but mea, mild, pacific, fearing God, and loving justice, upon pain of eli- inination."(a) And in this mention, so short, so simple, we may already (a) 1 Yol. Capitularies, p. 10, J ix. XHE ANCIENT FRENCH BAR. 101 perceive the principal distinguishing feature of the present day. From Charlemagne to St. Louis the bar is lost in t^e obscurity which envelopes this period of French history. We may, however, explain this blank by the barbarous usage which then prevailed of consigning the fate of all judicial contestations to duel, which this latter prince abolished." 1270. Some time after the finding the Roman Pandects at Amalphi, the establishments of St. Louis appeared, which were the work of a com- mission of learned jurisconsults, and which laid the foundation of the French law. They contain a short chapter on advocates (the 14th,) and commence by imposing on them the obligation never to present an unjust case before a court of justice, also to defend widows, orphans, *and the poor ex q^cio when required,(6) and prescribe two other rjiii-ion essential duties for them as follows : — L J " Et toutes les resons a destruire la pariie adverse si doit dire cour- toisement, sans vilenie dire de sa houche we en fait, ne en droit." (c\ "Et si ne doit fere nul marcM a celui qui pour qu'il plaide, plet pen- dent j car droit le difend au Code de ' Postulando ' en la loi qui com- mence, 'QuisquS vult esse causidicus' et ce appartient a loyal avocat."(d) About the same time Pierre de Fontaine, in a work intituled Gonseils a son Ami, and Philippe de Beaumanoir, in his collection, so justly esteemed, of the Customs and Usages of Beauvoisis, commented upon this first text, and established certain other and most wise principles,, which are still embodied in the rules of the profession. During the reign of St. Louis the science of the law comprehended three principal branches, the feudal, the canon, and the civil law. But the ecclesiastics having given themselves up with great ardour to the study of the Roman law, which the discovery of the pandects had just revealed, the canon law lost much of its importance; and as early as 1179, in order to put a stop to the danger which the court of Rome thought it perceived in the study of this new science, the Council of Lateran forbade the advo- cate-clerks to plead before the lay tribunals. 1274. At a council held at Lyons under Philippe-le-Hardi, son of St. Louis, the 7th of May, 1274, the ecclesiastical authorities took upon them- selves to regulate the profession of advocates as well as their fees. These fees were then fixed at 20 livres tournois,(e) with the obligation that ea,ch advocate should every year renew an oath that he would not receive more. This strange determination was inspired by the desire *which the Holy See had, to regain the ascendancy in temporal r-^-i-iA-, matters over the kings of France, as well as perhaps to punish L J the advocates who had resisted with courage and success the famous bull decreed by G-regory VII. against the liberties of the Galilean Church. In order to appear not to accept the council, the king caused an ordi- (J) The same disposition is to be found in the Greek and Roman law. (c) Which meaiis, all arguments against the adverse party should be pronounced courteously, and nothing vile should be said, either as to fact or law. (d) And he should make no bargain with the party for whom he pleads peii- dente lite, for it is forbidden by the code de postulando, in the law which begins Quisgue vult esse causidicus, and that belongs to a loyal advocate. (e) The livre tournois is tenpence English money, but representing, of course, a much greater value at that period than at the present day. 102 JONES ON THE ERBNCH BAE. nance to be published on the 23rd of October following, which raised the maximum of fees to 30 livres, and determined the proportion according to the importance of the affair, the merit and celebrity of the advocate. Another ordinance, dated the 19th March, 1314, also required that the usage of the bar and the means of the client should be taken into con-' sideratiou. The parliament was not then permanently instituted in Paris ; the first assembly to which this appellation was given was purely political. 'It was, according to the opinion most ordinarily received, Pepin who transformed it into a court of justice,(/) in the year 707; and the par- liament became ambulatory and followed the king. Certain advocates attached themselves to it, and accompanied it in all the cities where it pleased the king to reside and parliament to hold its sittings. Philippe- le-Bel definitively fixed the seat of this high jurisdiction in Paris; the other parliaments were created afterwards. From the earliest times there had been advocates practising at the Chatelet in Paris, as well as in the bailiwicks and other jurisdictions of France, 1327. 13th February. — Philippe de Valois, then Regent, formed several prescriptions, the first of which is the most important. "No advocate," says his ordinance, "shall be permitted to plead if he has not taken the oath, and if he be not inscribed on the roll of advo- cates." Art. 41 : — " The parties, however, shall be permitted to plead their own causes. r*ll 51 " ''^^^ advocates must be at the Chatelet at the rising of *the <■ -I sun, with the exception of the time necessary to attend low mass. " They shall plead their causes in the order determined by the provost. " An advocate may plead but two or three causes at most at the same sittings, to give other advocates the time to plead theirs. " Once a cause begun, it cannot be interrupted for another. "Any advocate who shall have prevaricated in his duties shall be for ever excluded from the court. " The park, that is, the centre or interior of the bar, is exclusively reserved for the advocates and the attorneys of the cause." (^) 1344. A resolution made in the form of a regulation by the parlia- ment of Paris, in consequence of a royal ordinance of the 11th March, 1344, contains some new dispositions as to the advocates, and gives them a more precise organization, in these terms : — " A list shall be made of all the sworn advocates, from which list the most capable shall be chosen and maintained; the others shallbe sus- pended." The regulation does not indicate by whom the selection was to be made ; but according to the constitutive principle of the order, as we shall immediately see, it must necessarily have emanated exclusively from the advocates themselves. '< Those advocates who are retained," (/) The parliament afterwards received, as a special attribute, which it retained till the end, the right of registering the edicts, ordinances, declaratlans, and let- ters patent of the Itings of Prance. (g) The Greek law considered the centre of the tribunal as sacred. THE ANCIENT FRENCH BAR. 103 adds the resolution, "shall not be allowed to continue their practice unless they bind themselves by oath to the following eflFect : to fulfil their duties with fidelity and exactitude ; not to taks charge of any causes which they know to be unjust j that they will abstain from false citations; that they will not seek 'to procure a postponement ,of their causes by subterfuge, or malicious pretexts ; that whatever may be the importance of a cause, they will not receive more than thirty livres for their fee, or any *other kind of gratuity over and above that p^, , „-, sum, with liberty, however, to take less; that they will lower L J their fees according to the importance of the cause and the circumstances of the parties; and that they will make no treaty or arrangement with their clients depending on the event of the trial." The regulation afterwards confirms the principle laid down by the first disposition of the Ordinance of the 13th February, 1327 : " No one shall have the title of advocate unless he be received by the court and have taken the lOath ; and the' quality of advocate shall not confer the right of pleading, unless the advocate be inscribed on the table (the ancient roll.) The advocate is enjoined to be brief in his pleaJding and in his writings." Then comes the creation of a novitiate preparatory to practising the profession : " A time of probation called stage" (the duration of which is not limited) " is required on the part of young advocates to prepare them for the exercise of their ministry." They are also recommended " to be respectful on all occasions towards their seniors." Lastly, t^e resolu- tion distinguishes three classes of advocates : those called consulting advocates or counsellors, the pleaders, and the listeners.(A.) 1535 to 1560. Other dispositions have successively maintained and developed the preceding ones. The learned Laroche-Flavin gives a sum- mary of them, which it is useful to know.(i) "Advocates of the court shall graduate in altera jurium (in the civil and canon law), and shall be received therein (the court), and there take the oath." (Erangois I. 1535, chap. iv. art. 15.) *" They cannot have their causes called again, if other causes r:^-!-!^-. are not finished." (Prangois I. 1539, art. 20.){Jc) L ^^' J " Must be present at the opening of the pleadings, otherwise are liable to damages." (Francois I. 1535, chap. iv. art. 15.) « Shall plead and write briefly." (Jean I. 1363 ; Charles V. 1364 ; Charles VII. 1446, art. 24. ; Charles VIII. 1493, art. 16. ; Louis XIL 1507, art. 121. ; Erangois I. 1528, art. 10.) (h) The first were the most ancient, being of ten years' standing at least. They wore a long robe of black silk, covered with a scarlet mantle lined with ermine, and fastened on the chest by a rich clasp. The pleaders wore a violet cloak, and the listeners a white one. The Roman jurisconsults who practised only at con- sultations were called Prudenies, hence the word Jurisprudence, which designates their special profession and the authority attached to it. (i) In his thirteen books of the History of Parliament. (k) This ordinance suppresses the usage which had, up to that time, always existed, of writing in Latin all acts, procedures, judgments, and decrees. IQ^ JONES ON THE FEBNCH BAR. " Shall truly read without omissions, interruption, or disguise." (Frangois I. 1539, arts. 22, and 188.) " Shall not absent themselves during the trial without leave of the court." (Frangois I. 153.5, chap. iv. art. 16.) " Shall not proceed by injurious frords against the adverse party or others." (Philippe VI. 1454; Charles VII. 1453, art 54; Louis XII. 1502, art. 122.) " Must not go out of town without leaving all matters duly prepared in the hands of the attorneys, and likewise leaving a substitute." (Fran- gois I. 1535, chap. iv. art. 17.) " Shall not take their seat, unless in decent attire, large robes and round cap." (Frangois I. 1540, art. 30.) " Being called to the council" (to fill the functions of judge) " shall make oath that they have not acted for or consulted with the parties." (Frangois I. 1535, chap. xii. art. 10, and 1540, art. 17.) " Shall not act for both parties." (Frangois I. 1536, chap. i. art. 35.) "Shall act gratuitously for ,poor miserable people." (Frangois I. 1536, chap. i. art. 38.) "Must not use contentious words or exclamations the one towards the other, or talk several at the same time, or interrupt each other." (Fran- gois I, 1539, art. 40.) " Must not support a lad cause." (Charles IX. 1560, art. 58.) _^^^„_ *1579. An ordinance of Henry III., called the ordinance of I- J Blois, Art. 161, enjoins the advocates to sign their writings,(Z) and by an innovation which nothing could justify, it ordered them " to write with their own hand beneath their signature the amount received as their fee, under pain of exaction." But this so deeply wounded the sentiment of delicacy of the bar, who had been in the habit from time immemorial of receiving their fees without giving any acknowledgment, that they refused to submit to the measure, and the ordinance remained unexecuted. 1602. The parliament of Paris itself seemed also to enter into this rigorous course, notwithstanding the good intelligence which had always united it to the cause of the bar. Provoked by Sully whose parsimony is a matter of history, and who complained of the excessive fees paid by a noble relative, the parliament made an order that the ordinance of 1579 should be executed. It was then that a protest was made; which has become celebrated in the annals of the French bar. The advocates, moved much more by the indignity offered to their character, than by any motives of pecuniary consideration, assembled to the number of three hundred and seven, and declared that they would all renounce their profession. The course of justice was interrupted, and Henry IV. interfered pro/ormd, and confirmed the order by letters patent of 1602; but he reintegrated the advocates in their functions, by authorizing them to practise as they had done thereto/ore. 1667. The ordinance of Louis XIV. (tit. xxxi. art. 10,) was made (I) The drawing of all writings or acts of procedure was then their exclusive privilege. THE ANCIENT FRENCH BAE. 105 with a view of giving their table a more regular character, by ordering that it should be made up every year ; it also renewed the taking of the oath. 1693. An order in the form of a regulation of the 17th July, to con- firm the existing organization, declared first : " That for the future those writings, which belonged to the ministry of the advocates should not pass taxation, unless drawn and signed by one of the advocates inscribed on the *table ; secondly, that this table should be presented to y^.. ^ „-, the court by the president of the order of advocates ;(»n) and L J thirdly, that the inscription on the table should .only be allowed to advo- cates in full practice, and who should have frequented the bar for a period of two years at least." (n) This latter prescription was not properly observed, notwithstanding its utility, which was felt more and more every day, and on the 5th of May, 1751, the president of the order, more vigilant than some of his predecessors, proceeded to the grand chamber of parliament to expose, " that certain advocates had been inscribed on the table who were not really destined for that profession, who had not practised since their inscription, or who had done so in a manner prohibited by the regula- tions and before the expiration of their term of probation, contrary to the public good, &c. ; wherefore, he thought it his duty to propose to the court to order, that no one should for the future be inscribed on the table, unless he had previously frequented the bar tor four years (mean- ing of course the probationers,) the proof of which should be given by the production of certificates, signed by the six advocates, to be named by the president of the order; that no one should be inscribed on the table, if he did not follow the profession of advocate, and if he had not a permanent and known domicil in Paris (this applies to the advocates of the table;) and likewise to order, that there should be no list at the end, or separate from the table, containing the names of those who had not completed their time of probation." (o) An order of the same day converts the measures proposed by the president into a standing order. It may be necessary to add, that, during their time of probation, the probationers were bound to *attend the sittings of the court, r^ionn and to assist at the conferences which were held in the library of L J the advocates, (^) and that they could not be inscribed on the table unless they could justify their assiduity according to the mode indicated by the said order. In these latter times, those advocates who had the title only, were called advocates in parliament, but those who actually practised the pro- (m) The head of thfe Order of Advocates is called the hatonnier, on account of an ancient usage which attributed to him the privilege of carrying, at all proces- sions, the stick [baton) of the banner of St. Nicholas, the patron of the advocates. We must, however, call him jireaident of the order, for want of an English word of similar import. See further, as to this functionary, infra, p. 135. (n) Being the time of probation as at first fixed. See further, as to Probation, infra, p. 145. (o) In other words, that there should be no official list of probationers, which is also the rule of the present time. (p) This library contained 24,000 volumes, besides valuable manuscripts. 106 JONES ON THE FRENCH BAK. fession were styled advocates at parliament. During a short interval there were also advocates of the parliament, who were chosen among persons who had not studied law, and who were lettered hy dispensa- tion{g\ to fill up certain oflSces, (one hundred in number,) which were created by an edict of the month of May, 1771. The taking the oath was attended with great solemnity. After hav- ing submitted his letters of license to the verification of the judges,(r) the candidate was presented to parliament, in grand audience, by an ancient, having twenty years practice id the profession. The reception was inscribed on the register of the matriculations of parliament, an extract of which, written on parchment, was delivered to the advocate who had been received, containing with his own name that of the apcient who had been his patron; this was the matriculation of the advocate. (s) The seniority of the advocates inscribed was fixed by their matriculation or inscription, and not by their age. Finally we may add that the advo- cates at parliament carried with them the right of practising throughout the whole kingdom, without having need of any authorization to plead out of their jurisdiction; it was sufficient for them to prove their quality by a simple exeai'signed by the president."(i) r*12n *■'■'' ^'^^ ^^ ^^^'^ ^y these different, loose, diffuse, and incom- L J plete regulations, of which we shall find the principal elements in the constitution of the present bar, that public authority, feeling itself secure in those guarantees which had honour and probity for their basis, had contented itself with conferring on the advocates certain prerogatives, and imposing on them certain obligations, but it had not considered it necessary to submit them to its control, by organizing them into a legal body by letters-patent, as had been the case with certain other corpora- tions then in existence. They had formed themselves in Paris, and indeed in all France into voluntary associations ; they had given to this sort of republic the name of order, borrowed from the Roman bar ; their existence, the work of time, and shown by the table alotie, was free, and exempt from form, and all the parliaments recognized this character of independence. As to their rules of conduct, the advocates looked for them less in the regulations than in their traditions and usages which had acquired the authority of ages. Such had been the profession of the advocates at Athens, and at Rome in the happiest times of the Roman republic. Having then the management of their own afiairs, which principally consisted in the admission to probation, the inscription on the table, and the discipline, the order of advocates of Paris were necessarily obliged to appoint for themselves a representative. At first they chose for this purpose the senior member of the bar by his date of admission to the (q) Letters of Advocate is the title whioli the law now calls the Diploma of Li- centiate. M The judges of parliament were called MM. Us Gens du Roi. (s) The period of duration of the studies of the law had been fixed at three years, nor could they be entered upon before the age of sixteen. (Royal Declara- tions of the 11th of November, 1690, and 20th of January, 1700.) (t) Orders of Parliament of the 27th of January, 1557, and 22nd of June, 1587. Some advocates were specially attached to the Ch&telet. THE ANCIENT FRENCH BAR. 107 table, the dean. Afterwards, inasmuch as the latter was often prevented by his great age from fulfilling a charge which required as much watch- fulness as firmness, it was considered necessary to make another choice, and naturally they then had recourse to election, and the elect was called the Idtonnier, for the reasons we have already given. (i<) He was elected for one year only,(«) as in the case at present. *In 1662 the number of advocates having greatly increased, ^^, „„, and general meetings becoming more difficult, the table of advo- L J cates of Paris was divided into ten equal fractions or columns. Each of these columns having its own particular meetings and conferences, was called upon to elect from its own body two deputies, who, united with the president and the ex-presidents, formed a sort of committee. The functions of these deputies lasted two years, and every year one half of them was renewed. They were the representatives of the advocates comprised in their columns, and transmitted the views of the latter to the committee ; on the other hand, they rendered an account of what transpired in committee to their columns ; they algo exercised a supervi- sion over the probationers of their columns, (w) It was this committee, representing the order in general, that was charged with regulating all its a£fairs. It will have been remarked that no law, no regulation, had provided any disciplinary punishment against such advocates who should fail in the duties of the profession, with the exception of the ordinance of the 13th of February, 1327, as noticed above. But the order understood that no society was possible or could exist, with impunity for abuse. As the associated members had agreed to admit none others among them- selves but men of their own choice, so they had desired to reserve to themselves the right of punishing and erasing from the table all such as should violate the common rules, or might compromise the honour of the order. The disciplinary punishments were, public or private reprimand, temporary suspension, restitution, (a;) and erasure from the table. (y) The advocates also adopted a measure which was equivalent to a degrading erasure; they refused to hold any communication with their brother advocate whom they *thought unworthy of their esteem. Any- r^^-inqT thing which seriously affected the integrity of a man's reputation, L J was considered as a sufficient motive for exclusion, or erasure from the table. The committee was not bound to give its reasons in the case of refusal of admission, and no redress was possible on the part of the applicant. (u) See supra, p. 119, note 1. (v) On the 9th of May, the Feast of St. Nicholas. The election now takes place in the first fortnight of the month of August. The most ancient President known is Denis Doujat, in 1617. (w) In other parliaments the table bad no columns, because there was not a sufficient number of advocates to make them necessary. (x) By restitution is meant, that of papers entrusted to the advocate, or fees uhduly exacted. (y) Erasure from the table was not considered as a judgment, properly so called but as a censure. 108 JONES ON THE FRENCH BAR. The committee was absolute master of its table': that was a fundamental principle which naturally flowed from the social organization of the table, and from the immense interest the order had in keeping up the honour and consideration which it only enjoyed, by observing with a religious punctuality its ancient and wholesome maxims. An advocate erased from the table might appeal to the general assem- bly of the order, and in that case he had a right to challenge those of his brethern who were justly suspicious to him. If the erasure was confirmed, a usage, which the gravity and importance of the measure had introduced, permitted the party erased to apply to the parliament, and then, in the presence of the grand chamber, the debates became public, (z) There was no other exception to the omnipotence of the order; all its decisions, with the exception of the erasure, were final, and never was any appeal allowed to be made by the public ministry. Erasure from the table was likewise pronounced on account of incom- patibility. " The profession of Advocate," says the new Denizart, " is in general incompatible with any other profession of which a man makes his principal occupation ; it is incompatible with any place which is in itself an oflSce, or with any place which makes a man subordinate or dependent, and to which a salary is attached." As a matter of course, the accepting a power of attorney or procuration was prohibited even as an isolated act, as also all kinds of business or trade. The bar of Paris, r*194.T ^^^"'^ ^^^ much more severe in *its discipline than the other ^ -' bars of France, also applied the principle upon incompatibility with much more rigour. After the erasure had been pronounced by the committee, even when no appeal was made, the president and the senior advocates presented themselves before the grand chamber to explain the fact as well as the motives of the decision, and thereupon came a decree, ordering " that such a person was and should remain erased from the table of advocates deposited with the registrar of the court." But this was only a matter of form ; the necessity for the decree arose simply because the registrar alone, with the authority of the court, could effect the erasure upon an act deposited in his office. The judges always took great pleasure in respecting the initiate of the bar, and in rendering on all occasion a fiat- tering homage to the zeal, the vigilance, and the firmness which it applied in the exercise of its disciplinary duties. The right of discipline in the inferior jurisdictions was less absolute; the advocates exercised it themselves, but subject always to an appeal to the parliament, whether on questions of admission to the table, or to the application of any disciplinary punishment. In all matters it was an invariable rule that the inferior magistrates should never interfere in questions upon the status of the advocate. Jealous of this part of their jurisdiction, all the parliaments insisted on keeping it to themselves in • (z) The parliament of Paris had three chambers : the Grand Chamber, in which the most important alTairs were pleaded with great solemnity, and two other chambers, called of Requests, for ordinary affairs, and opening every morning at seven o'clock, even in winter. Those advocates who pleaded only in the Cham- bers of Requests were called Avocats de sept heures. THE ANCIENT FRENCH BAR. 109 all its entirety. Lastly,- there existed in Paris a pious custom, which hag just been re-established after so many political and religions crises, namely, to inaugurate the labours of the palaoe(a) at the commencement, of every legal year with a solemn mass in the JSainte Ghapelle, at which the members of the parliament and the advocates assisted. (6) *With these elements, which are rather traditional than regie- rotiQK-, mentary, the ancient order of advocates, thanks to the direction L J and devotedness of the able and learned men at its head, arrived at the highest pitch of prosperity which human establishments can attain. The form of government did not offer so vast and so brilliant a career to the eloquence of the advocates as under the ancient republies,(c) but in affording them an opportunity for calm and serious study, it ensured them a glory perhaps more real and more useful. The bar of the parlia- ment of Paris, whose jurisdiction extended over one-half of the kingdom, especially acquired a high degree of preponderance, which it owed as much to the exactitude of its discipline as to the importance of its seat.(cZ) If it experienced certain vicissitudes in the midst of public strife and convulsions in which it was mixed up by the force of events, it managed to keep up its independence and its integrity. Little disposed to en- croach upon other social institutions, devoted to a life of labour, free from ambition, austere in its morals, and advancing to its object with energy, it was desirous of having its rights respected, as itself respected its duties. Devoted to its country, it defended the national interests with a courage- ous patriotism. The faithful ally of the magistracy ever since the crea- tion of parliaments, it followed them in their disgrace ; a reciprocity of deference and regard was their tacit law. The magistracy did not think it derogatory to their dignity to call the distinguished members of the bar up to the bench ;(e) many of them were *made keeper of the ^^, „„-. seals of France ; and in more recent times we have seen ministers L J of justice rejoin the bar after their resignation of that office; for the pro- (ffi) The public building in all the towns and citjes of France, in which the dif- ferent courts are located, is called the Palace of Justice. Formerly there were also Chambers of Consultations at the Palace, in which the advocates gave con- sultations, verbal or written. The Grand Hall of the Palace of Justice, called des pas perdus, had been divided into what was called twelve benches (bancs), and there the advocates who frequented the palace used to confer with their clients during the interval of the sittings. (i) It was called the red mass (la messe rouge,) probably on account of the colour of the judges' robes. (c) " Es estats populaires les advocais, orateurs, et harangueuts, sont Us premiers en prisiance et autoriti." — Laroche-Flavin, books iii. and v. Parliaments of France. id) The most remarkable periods of the French bar were the fourteenth, six- teenth, and the beginning of the seventeenth centu^. The age of Louis XIV., 60 rich in great men, produced those celebrated orators, Lemaistre and Patru. Afterwards came Cochin, Loyseau de Maul^on, and Gerbier. («) This may appear to be a natural consequence ; but it must be borne in mind that In France the magistracy, that is, the judges and the public ministry, is not usually recruited from the bar, but is in itself a distinct and special profession, having its diflFerent grades, promotions, and regulations, like any other body of the public service. Of course, previously to entering the career of the magistracy, it is necessary to have gone through the usual course of legal studies, and it is necessary also to have been attached to some couft or tribunal as a probationary advocate ; but of this we shall have occasion to speak more fully hereafter. 110 JONES ON THE FRENCH BAR. fession, the mother of that large family, can always oflFer to those who return to her arms an honourable retreat, consolation, and satisfaction. (/) Such was the position of the order of advocates when the constituent assembly(5') suppressed it by a decree of the 2nd of September, 1790, together with the ancient parliaments, srtid the other institutions of mon- archical government. " The men of law (Jiommes de loi) heretofore called " Advocates," says Article 2, " being no longer permitted to form either an order or corporation, shall wear no particular costume in the exercise of their calling." The violent crisis which followed the decree obliged almost all the advocates to retire for a time from their profession. (A.) But as soon as matters had put on a more calm and peaceful aspect, they re-appeared; and in order to separate themselves from that mass of people whom the law of the period allowed to exercise the ministry of the advocate, under the title of Jiommes de loi or officious defenders, pleading and consulting without aptitude, and often without probity, they formed themselves into a new society, in which, admitting only men of their own choice, they recalled to mind the first origin of the bar.(i) They were called the advocates of the Marais,{k\ because the greater number inhabited that quarter. They implored the first consul, with the greatest instance, r*197T *■*' reconstitute their order legally; and by a first decree of the L J *2nd Nivose, year XII., by way of a step preparatory to the success of their entreaty, it was provided, — " Art. 6. At the sittings of all tribunals the lawyers and attorneys shall wear stuff robes closed in front, with large sleeves, and a black cap; cravat like that of the judges hair long or cut round." It will be perceived that as yet there is no mention made as to the advocates ; it was for the men of law that the first consul decreed a costume, and this costume was that of the Ex-advocates. (Z) But the law of the 22nd Ventose of the same year, concerning the schools of law, re- established the title of advocate by making the following provisions : — " Art. 29. A table of the advocates practising at the different tribunals shall be formed. "Art. 30. From and after the 1st Vendemiaire, year XVII., the advocates, according to their seniority on the table, and after them the attorneys, according to the date of their reception, shall be called upon to supply the places of the judges, the government commissaries and their substitutes, in the absence of supplementary judges. (/) Pasquier asserts that there is not one great parliamentary family which has not sprung from the bar. ^ (ff) The assembly was presided oyer that day by Thouret, a celebrated adyocate of Rouen. (A) The then president of the order was M. Sanson, who afterwards became a deputy of the constituent. He had succeeded the Illustrious Gerbier. (i) The almanac of the period contained a list of their names ; this supplied the place of the table. (k) This is an ancient and noble quarter of Paris, where formerly most of the judges and advocates resided. It is still the residence of many of both classes, especially those who are descended from old parliamentary families. (1) The decree simply substitutes the round cap (toque) for tha square bonnet (bonnet cam). THE ANCIENT FRENCH BAR. HI " Art. 38. The execution of the present law shall be provided for by regulations of public administration, (to) and especially as concerns the formation of a table of advocates and the discipline of the bar." It would seem but proper that the measure promised by the last article the execution of which was most urgent, should have been immediately realized, but seven more years passed away in fruitless efforts. It was 9, particular circumstance which put an end to this state of things. M. Ferey, one of the founders of the society of the Marais, left his library and some important sums of money to " the order of advocates, under whatever denomination his majesty the emperor and might think proper to establish it." He died in 1807, and the legacy could not be accepted in the imperfect state of the legislation. On the 5th of February, ^^-. „„.. *1810, M. Bellart, pronounced his funeral eulogy in the presence L J of the advocates assembled at the Lyceum Charlemagne, under the presi- dency of the arohichancellor, formerly one of their order. The orator spoke of the earnest desire of the testator, of that of all the advocates, with all the warmth and overpowering eloquence for which he was so distinguished, and on the 14th of December following, with the aid of cambac6r6s, the organization was accorded. This decree reconstituted the council of the order, the probation, and the table ;(re) it preserved in part the ancient rules of the profession, and although it exceeded perhaps the measure of concession which the ideas of the period justified, it fell short of the legitimate hopes of the bar; it disavowed the precedents of the order, by curtailing the inoffensive liberty which the advocates had enjoyed from time immemorial, and by impos- ing on them too severe conditions in the exercise of their profession. Ihey claimed the suppression of those grievous innovations ; and twelve years afterwards the decree was abrogated by a royal ordinance of the 20th November, 1822. (0) But in respect, not less serious, it went farther than the decree, by opening to the public ministry, for the first time, the right of appeal with respect tp the disciplinary decisions of the council. Fresh complaints were addressed to the authorities by the ad- votes, and the ordinance of the 27th of August, 1830,(p) rendered them justice, but as to their elections. only. These latter provisions, regulat- ing the French bar at the present time, it is not our business here to appreciate; we must take them as part of the text of our next subject; there are others which complete it, which we shall likewise notice. We call attention to a remarkable prescription of the decree of 1810, art. 9, and of the ordinance of 1822, art. 44 : it requires the courts to notify every year to the minister *keeper of the seals, those advo- r»ioQ-| cates who have distinguished themselves by their knowledge, L J their talents, and above all by their delicacy and disinterestedness in the exercise of their calling. This alone would justify, if need were, the information we purpose offering. (m) It is in pursuance of the principle established by this law, that the regle- mentary ordinances afterwards appeared. (n) The first president named in execution of this decree was the illustrious M. Delamalle. (0) See Appendix. (,p) See Appendix. 112 JONES ON THE FRENCH BAR. It is said that in this age, this critical period in which we live, every- thing changes; but the profession of the advocate, when it has honour for its principle, and is a stranger to politics, cannot change. In 1790 the ani lent French bar, rather than submit to any changes or modifica- tions, i llowed a decree to p'ass which gave a death blow, without any opposition ; and some few years after, it rose again such as it had been, such as we see it at the present day. THE MODERN FRENCH BAR. [*130] *SECTION I. THE ACTUAL CONSTITUTION OF THE PROFESSION OF ADVOCATE. BEroRE we enter on the consideration of the rights and duties of the advocate, which are the rules of the profession properly so called, it is important to show the elements which constitute that profession. With that view we shall explain the following heads : — 1. The advocate, meaning of course that person to whom the right of practising the profession belongs ;(a) 2. The order of advocates ; 3. The council of the order, and its president ; the composition of the council and its attributes, which embrace the general direction of the order, the probation, the table, the discipline. The royal ordinance of the 20th of November, 1822, art. 14, provides: The usages observed at the bar with regard to the rights and duties of the advocates in the exercise of their profession are maintained. This prin- ciple therefore does not only concern the rules of the profession, but it applies also to its organization, in combining itself with the new regle- mentary provisions. The organization itself comprises, in fact, rights and duties belonging to the advocates, the essential traditions of which are derived from the ancient bar. [*131] TITLE I. THE ADVOCATE. The advocate(5) in the purely legal acception of the word is he who, after having obtained the degree of licentiate-in-law, taken the necessary oath, and satisfied all other conditions which the law prescribes, takes (a) See supra, p. 118, and 119, the Regulations of the l'7th July, 1693, and of the 6th May, 1751. (6) Advocatus, a person called upon to enlighten the judge. THE MODERN FRENCH BAR. 113 charge of defending by word of mouth, or by his writings, the interests and the person of his fellow citizens before the tribunals. The other conditions, which we shall explain, are the admission to probation, to the table, and the regular practice of the profession. If the license and the taking the oath be sufficient to give the title of advo- cate, the naked title, they cannot give the right of practising the pro- fession. And it is the opinion of a writer of great authority on this subject, that it is not permissible to make use of this title in conjunc- tion with that of any incompatible professions, as for instance, attorney, usher, pleader, (agrei){c) at a tribunal of commerce. The council of the order has several times taken up this question, and quite recently has arrived at the same conclusion, and invited the president to make com- plaint to the attorney-general, or to the imperial attorney, of the numerous abuses which exist in spite of the regulation. (cZ) There are divers incompatibilities resulting from the law which operate as an impediment to entering into the profession,- or render the advocate liable to disciplinary punishment; we shall notice these hereafter. Nevertheless the profession of advocate is neither a privilege nor a pub- lic function; the truth of this proposition is admitted by competent authorities. Advocates are always styled masters [maitres) in all judgments and orders, and are so called by the judges and their brother advocates when in court, in all verbal communications *the one with the other ; j.^.„„_ but in private life it is customary to make use of the ordinary L J appellation Monsieur. The law of the 18th of May, 1850, has subjected the advocates to a duty callei patent, similar to the attorneys in England; but the initiate of this measure, purely fiscal, belongs to the late monarchy, whose bill for that purpose had been thrown out two or three different times.(e) The patent, however, attenuates in no respect either the character or the ob- ligations of the advocate, although manifestly contrary to all precedents of the order ; it is but a new tax levied upon the modest fruits of his labour, which the council did not accept in silence, and still at the pre- sent day exclaims against its principle and its application. In case of error in assessing the amount of the duty to be paid by any advocate, the party aggrieved must object individually. (/) The law is binding on such advocates only as are inscribed on the table. (^) TITLE II. THE ORDER OF ADVOCATES. The order of advocates is the regularly constituted assembly of those (c) See supra, Part I. p. 15, title Tribunal of Commerce. {d) Resolutlong of the 16th of June, 1846, and 13th of February, 1849. (e) As early as 1841, M. Marie combated its principle in an excellent pamphlet. (f) Resolutions of the 3rd of December, 1850, and 8th of July, 1851. (g) Many honourable men have been seen with much regret to take their names off the table since the passing of the law which established this impost. June, 1856 8 114 JONES ON THE FRENCH BAR. who not ouly possess the title, but who also exercise or practise the pro- fession of advocate, according to the conditions prescribed by the laws and regulations. Although according to art, 33, of the Ordinance of the 20th November, 1822, the probationers do not form part of the table, or possess the same rights as the advocates inscribed thereon,(A) they are considered as members of the order. The members of the order, whether they plead or restrict themselves to consultations, have the exclusive right of calling themselves advocates P^,no, of the Court of Appeal ;(i) they *compose one and the same L J family j and in this respect there exists no distinction between them other than that which arises from their seniority on the table, or from election to temporary functions of the order. Contrary to the usage of the companies of notaries, attorneys, &c., the order does not allow an advocate who takes his name oflF the table to retain the title of honorary member. All advocates, whether probationary or inscribed, and especially the seniors, who are always expected to show the example, are equally and scrupulously bound to observe the duties and regulations of the profession, which we shall show in the second main section of this part of our work. According to ancient usage, the order of advocates is invited to public ceremonies in the person of the president and certain members of the council whom he selects. The order of advocates has the president for its head (art. 9, of the Ordinance of the 20th of November, 1822 ;) but its supreme direction is vested in the council of the order, from which, all decisions emanate. TITLE III. THE COUNCIL OF THE ORDER. The council of the order, called the council of discipline by the royal ordinance of the 20th November, 1822, as also by the imperial decree of 1810, represents the ancient committee of advocates. (A) It is desirable that we should examine its composition, its mode of proceeding, and its attributes. [*134] *CHAPTEE I. COMPOSITION OF THE COUNCIL. In Paris it is composed of twenty-one members, including the pre- sident. Art. 1, of the ordinance of the 27th of August, 1830, differing in this respect with the ordinance of 1822, says : « That the council of disci- (A) See infra, Section II. title I. p. 180. (i) That is, if inscribed on the table of a Court of Appeal, for there are advo- cates who are only inscribed at a Tribunal of First Instance. (4) See supra, p. 122. COMPOSITION OF THE COUNCIL. 115 pline shall be elected in a direct manner by the general assembly of the order, composed of all the advocates inscribed on the table. The election shall be by ballot, and the relative majority of the members present." With regard to the president, Art. 3, says : " That he shall be elected by the same assembly before the election of the council, by a separate ballot and absolute majority." These elections, which are called general elections, take place at the end of the judicial year in the first fortnight of August. If a vacancy happens to occur for a member of the council, or, what is more rare, for the president, a new election must be held immediately. Whenever any difficulty arises during an election, it is decided by the board,, composed of thle president and four members of the council, (ct) In case of an equa number of votes, the senior advocate is elected. (J) After the council of the order has appointed a day for the election, the convoca- tion can be made by the president alone, (c) but with due and sufficient notice. *The duration of the functions of the president and the i-#-iqcn council is for the judicial year;((?) if they are elected to fill a L J vacancy the duration is only for the remaining portion of the year. They are both installed at the time of the opening of the courts after the long vacation without any formality, merely by taking possession. In the case of a vacancy, they are installed immediately the election is over. The functionaries of the council are, the president, the secretary, the treasurer, the conservator of the library, and the record-keeper {V Archiviste.\ SECTION I. THE PRESIDENT. He is the head of the bar (hors ligne,\ as called on to preside over the council, and especially as chief of the order. (Art. 9, of the Ordi- nance of 1822.) As the chief of the order, the president represents it, alone, both actively and passively, in all judicial matters in which the order may be engaged, even though commenced under a former president. As president of the council, he names the reporters in all matters susceptible of report ;(e) he designates and presides over the commis- sions for establishing the table, for verifying the accounts of the treasurer, and the examination of all questions which merit a serious discussion ; (a) Resolution of the 1st of August, 1848. (5) Resolution of the 16th August, 1843. It was so settled also by the court of Rouen, the 18th of January, 1843. Reported 2 vol. Sirey, 1843, p. 512. (c) Order of the Court of Cassation of the Yth of June, 1847, section of Re- quests, 1 Sirey, 184"?, p. 606. In this case the conyocation had been made by the secretary. (d\ Since 1830 it has been usual to re-elect the president fora second year. (e) This word must not be taken in the sense as applied to courts of law, but merely to the drawing up of reports on matters which come under, the official and. disciplinary consideration of the council. 116 JONES ON THE FRENCH BAR. he signs the correspondence of the order after the subject and the terms of it have been deliberated in council; he likewise signs all decisions and resolutions of the council, the certificates of inscription of probation, or rn-iqa-i of 'he table, leave of absence for *probationer8, and the letters of L J convocation for the elections; he also presides at the conferences of the advocates. (/) The council has recently decided, that in case the president should be prevented, by any just cause, from attending to his duties, his place should be filled, as a matter of right, by the former president. (Resolution of the 6th of November, 1849.) It is an established usage since the re- constitution of the order (1811,) that the president shall at the opening of the conferenees(^) deliver an oration on some subject interesting to the profession. It is customary for the ex- president, the members of the. new council, and a great portion of the bar, to assist at this solemnity. The oration is printed at the expense of the order. SECTION II. THE OTHER TUNCTIONAEIES, VIZ., — THE SECRETARY — THE TREASURER — THE CONSERVATOR OF THE LIBRARY — THE RECORD-KEEPER. The secretary and the treasurer, together with the president are the only functionaries who have received any official character from the regulations. (A) The ordinance of the 27th of August, 1830, not having pointed out the mode of appointing the secretary and the treasurer, the council decided that they should be elected from its own body by the members of council ; that the votes should be taken by ballot, and that the successful candidates should have an absolute majority of the members present. The record-keeper and the conservator of the library are elected r*1371 '° '^® same manner, (i) *These nominations, the regularity of L i which has never been called in question, take place at the instal- lation of the council. The exercise of the functions commences and finishes with that of the council ; we shall confine ourselves simply to indicating their object. The title of dean [doyen,') which belongs to the senior member of the table of inscription, no longer confers the right to enter the council ; it attributes no other prerogative than that which arises from seniority. The Secretary. — He signs all letters of summons before the council, (/) The Order of Advocates has a seal, which is affixed to all the official acta of the president and of the council. {g) Which always takes place In the early part of the month of December. (h) Decree of the 3rd of October, 1811, and ordinance of the 20th of November, 1822; arts. 1 and 8. (i) The order has its paid officers for the service of its chamber and library. The officer of the chamber receives certain fees independently of his salary, namely, six francs from those probationers who apply for and obtain their in- scription on the table, and three francs from any advocate who applies for a cer- tificate of probation or of the table for any motive whatever. COMPOSITION OP THE COUNCIL. 117 which are sent to any advocate, who may be inculpated as to the disci- pline of the order ; the minutes of all resolutions made by the council ; the copies of those which, entailing any disciplinary punishment, must be notified either to the attorney-general of the Court of Appeal, or to the advocate who is punished ; the certificates of inscription of probation, or of the table ; and leave of absence granted by the council to the pro- bationers. (^) He assists at the council, and draws up minutes of its sit- tings, and certifies the names of the members present. (Z) It may be ob- served that the drawing up the minutes is most important, because it serves to show many resolutions of which there may be no other evidence. If the secretary be absent, his place is filled by the member last inscribed on the table. The Treasurer He is the keeper of the funds of the order ; he receives, or causes to be received, its revenues,(m) and employs them in the manner determined by the council, which is principally in the pay- ment of annuities, or rather pensions, and pecuniary relief obtained by their brother advocates, their widows, or their children, and every year he *presents the state of his accounts. It is to him that appli- p^, „„, cations for pensions or relief are ordinarily addressed, and he L J communicates them to the council. These pensions are inalienable, they being alimentary, and may be revoked at the pleasure of the council. Indeed the funds of the order are essentially, we may perhaps say exclu- sively, applied towards the relief of unfortunate members of the pro- fession. Any relief sought for by strangers to the profession, is a mat- ter of private consideration and discretion on the part of the members of the order. .The Conservator of the Library. — He is charged with seeing that the rules for taking proper care of the library are duly carried out ; and his supervision should be perpetual, for experience proves that the rules are not suflSciently respected. The library is open to the advocates every day in the week, from nine in the morning till four in the afternoon ; but in vacation, Mondays and Tuesdays are excepted, and on the other days the library is open six hours only instead of seven. The advocates may enter without their robes, or without being attired in black, except- ing when the conferences are being held. The Record-heeper. — He keeps the records of the order, which only consist of the minutes of the sittings of the council, the minutes of its resolutions and the replies of the president determined in council, all applications for probation or for inscription on the table, all accessory documents, and speeches delivered. Probably the books kept by the secretaries of conference and of columns are also deposited with the record-keeper. The order has no registry nor has it ever had any. The depot of the records is kept secret, on account of the complaints and the disciplinary decisions which it contains. It can only be opened for (ft) We have already seen that the president signs some of these documents as well as the secretary. {I) Kesolution of the 31st of January, 1851. (m) Which principally consist of fees on taking the oath, on admission to pro- bation, and certain yearly dues. 118 JONES ON THE FRENCH BAR. those members of council who are in the position of reporters, or on a special authorization of the president. [*139] *CHAPTEE II. THE SITTINGS, THE DELIBERATIONS, AND THE RESOLUTIONS OR DECI- SIONS ON THE COUNCIL. The Sittings The council is not obliged by the regulations to adopt any particular day or hour for the holding of its sittings. Since 1811, it has several times changed the day to suit its convenience ; it may also hold extraordinary sittings. At present the sittings are held on Tues- days at two o'clock, are opened precisely at the time appointed, and are not public. All the members sit in their robes, and take their places as it may suit them ; generally, the ex-presidents take their seats by the side of the actual president. Exactitude on the part of the council in assisting at these meetings is a bounden duty. The president commences by distributing to the different members, at his discretion, all applications for admission, to probation or to the table, all complaints and other matters susceptible of a report. The council hears the reports upon applications to probation and the table, and decides upon them in succession ; then the treasurer has the right to address the council upon petitions for pensions and relief; afterwards, the complaints and other matters are proceeded with. Whenever an advocate is called upon to appear before the council, he must present himself in his robes, and answer with calm and respect all questions which are addressed to him by the president. If he does not present himself (except in the case of a legitimate excuse) he renders himself guilty of an act of irreverence towards the council, which may r*izim aggravate his case, or be the cause of disciplinary *repression. L -I The report made, and the discussion closed, the reporter makes his conclusions. The Deliberations In its deliberations, the council binds itself by the simple majority of the votes of those members who have heard the matter. In matters of a disciplinary nature, at least one half of the members forming the council must be present and take part in the deli- beration, that is to say, eleven members. In case of an equal division of the votes, that of the president does not preponderate ; if it be a question of discipline, the most lenient opinion prevails ; if it be one of admission, to probation or the table, the admission does not take place, for, in fact, it has not been pronounced. In all questions, of internal management the absent members of lihe council are called, and the odd number of which it is composed necessarily gives the solution. The secrecy of the votes is imperiously commanded. It nlay be remarked that, in its jurisprudence, the council does not admit any absolute principle as a motive of decision, whenever it can do so without compromising the honour and the interests of the order; THE ATTRIBUTES OF COUNCIL. 119 being as it were a family tribunal, it decides according to the morality of the person, according to the particular facts, but always in a paternal . manner. Whenever it lays down a rule, it declares it does so by way of precedent. The Resolutions The resolutions or decisions of the council are drawn up by the reporter, and signed by the president and secretary, upon plain unstamped paper, sometimes even upon the minute written by the reporter. The council faithful to the principle of its institution, takes especial care to free itself from anything approaching the forms used before the tribunals. In disciplinary matters it sets forth the motives of its decisions with great precaution and care, because it is not allowed to appear before the court to defend them,(?i) at least in so far as the appreciation of facts is concerned. We shall show further on(b) that when *a question of principle which interests the order is ^^^ ,-. -. at issue, then it not only has a right, but considers it an impe- L J rative duty, to interfere and support it. Whenever a complaint is evidently unfounded, no deliberation takes place, and consequently no resolution is passed ; nevertheless the council has a note stating the motive, endorsed on the papers relating to the matter, by way of memorandum. After the resolution of the council, the documents produced by the advocate are returned to him by the officer of the chamber, into whose bands they are delivered by the re- porter. If any party withdraws any documents which have been depo- sited, the party must give an acknowledgment for them to the said officer. The council does not allow the publication of its resolutions, whatever may be their object : it was without its knowledge and consequently against its will, that the resolution of the 18th of December, 1849, rela- tive to the advocates in the matter before the High Court of Versailles, was inserted in a public journal. The council never accepts the dedica- tion of any work. A silver medal is presented to each of its members for every election ; on one side it bears the name of the advocate elected. This measure was adopted by a resolution of the 10th of February, 1846, to take effect retroactively from the year 1830. The council assists at the obsequies of their brother-advocates when invited by the family, in the manner following : — The whole body of the council, for a president or ancient president ; a deputation of ten, for a member or ancient member of council ; and a deputation of six members of council for any member of the bar. *CHAPTER III. [*142] THE ATTRIBUTES OF COUNCIL. We have already stated that the direction 6f the order belongs to the council, and that all decisions emanate from it. The attributes which (a) Decision of the Court of Cagsatlon of the 2nd of May, 1848. (6) See infra, p. 169. 120 JONES ON THE FRENCH BAR. the council exercises are of two kinds : the one we may call administra- tive, the other judicial ; and this distinction, which has just been acknow- ledged by the Court of Cassation,(o) involves a very serious consequence namely, that its first attributes are exercised without any control or redress, whilst the others may give rise to an appeal in certain cases determiited by the regulations, as we shall have occasion hereafter to show. SECTION I. ADMINISTRATIVE ATTRIBUTES. These comprise the probation, the table, the assistance of the council, the property and the revenues of the order.(6) With regard to the admissions to probation and to the table, a prejudicial question frequently arises resulting from what is termed incompatihilities, and because it is prejudicial we will at once draw our attention to it.(c) r*14^T *The 2nd Article of the Ordinance of the 20th of November, L J 1822, is thus worded : " The profession of advocate is incom- patible with all functions of the judicial order with the exception of sup- plementary judge ; with the functions of prefect, sub-prefect, and secre- tary-general of prefecture ; with those of registrar of a court or tribunal, notary and attorney ; with all paid employments, with those of account- ant, and all kinds of business. Those who exercise the calling of Agent d' Affaires are excluded from the profession altogether." Therefore, from the text and the spirit of the ordinance which is conformable to the traditions of the order, we must conclude that, among these incompati- bilities, some are simply relative, others absolute, that is to say, if the former cease, the right to practise again will be granted to the party seeking it, whilst the latter form a permanent obstacle to the person engaged therein ever re-entering the profession. Let us now take a detailed view of the two classes of incompatibilities, at least of such as have been decided on since 1842, the principles of which will be found in the second main section of this part of our work. Rule xix. and fol- lowing. These deviations not unfrequently bring the guilty parties under the disciplinary coercion of the council, and are therefore studiously to be avoided by all members of the bar ; there is likewise an infinite variety ' of analogous cases, which are left to the appreciation of the advocate himself. Relative Incompatihility . — It exists in the status of foreigner not naturalized, although he may have been admitted by an ordinance of the king to the enjoyment of civil rights in France, and even inscribed on (a) Order of the 22iid of January, 1850. See infra, p. 161. (b) As to the employment of the funds of the order, see supra, p. 137. (c) We shall see that the same question may be submitted to the council ■with regard to those advocates who are already admitted to probation or the table ; it then becomes one of the judicial attributes. See infra, p. 172, and following. THE ATTRIBUTES OP COUNCIL. 121 the table, in ignorance of his quality ;(cZ) — with the employ of attorney's or notary's clerk, whether he be a paid or an amateur clerk ; — of secre- tary of the chamber of attorneys ; — of head of the divisions of commerce, provisions, or navigation at the prefecture of police ; — of head of office at the ministry of war, public works, or even the ministry of justice ; — of director of a *savings' bank ; — of managing director of the j-^-. ..-. industrial school at Charonne ; — of secretary-general of the pawn- L J administration ;(e) — of clerk or Attache, with salary, at the ministry of finance; — with the military profession j — with the functions of judge of the peace ; — of councillor of state, even since the new institution ; — of master of requests at the council of state in ordinary service; — of refe- rendary at the great seal ; of professor or provisor of a college ; — of pro- fessor in the faculty of letters'; — with the quality of AttacM to the ministry of the interior, or any other (with the exception of that of jus- tice,) even without salary, because this is a dependent position, and there- fore inconsistent with the dignity of an advocate, and would not allow him time sufficient for the assiduity required of a probationer, much less for the exercise of his calling ;(/) — with the quality of partner of a com- missioner of the pawn-establishment ; — of administrator of an anonymous company, such as it is defined by the Code of Commerce (Art. 29, and following;) — of proxy at a board of directors of a railway company; — of merchant's clerk having an interest in the establishment ; — of paid assignee in bankruptcy; — of arbitrator-reporter at the tribunal of com- merce ; — with the occupation of patent-agent ; — with the working a com- mission or brevet of posting-master; — with teaching French, the dead languages, or mathematics, either at home or at the residence of pupils •,[g\ ^with the duties of director or manager of a daily paper;(A) — with the publication of a periodical by subscription, having an office for the gene- ral business of the same and for advertisements ;(i) — *with the r^-iAtr-, quality of husband of a woman keeping a boarding-school and "- -' being in community of goods, inasmuch as, she being a public trader, binds her husband in solido on account of her trade.(A;) {d) Resolution of the council of the 2nd of December, 1845, and confirmed the 25th of June, 1851. (e) The lending of money on pledge is a government monopoly in France ; the administration is called Le Mont-de-Piete. (/) A resoliition of the 20th of May, 1851, -would seem contrary to this princi- ple, inasmuch as the council of discipline admitted to probation an attach^ em- ployed in the contentious department of the ministry of commerce, without the obligatory assiduity ; but it will be seen that this position is hot precisely identi_- cal with the above, and therefore the decision should not be looked upon as of much importance. (g) Resolution confirmed the 8th of April, 1845. (A) Resolution confirmed the 7th of December, 184T, although the advocate oHly signs the paper in the absence of the t)rdinary manager. In the two instances above mentioned, the council has accorded a lapse of time SufScicnt for the advo- cate to make his election, and to resign his incompatible functions. (i) Resolution of the 30th of November, 1847. \k) The council admits there is no incompatibility, even relative. With the functions of keeper of the seals, that is, minister of justice; — with the duties of director at the ministry of justice ; — supernumerary, that is, postulant, in the same ministry ; — auditor at the council of state ; — councillor of prefecture, provided he does not cumulate the duties of secretary-general ; — with the quality of a writer 122 JONES ON THE FRENCH BAR. Absolute Incompatibility. — It exists with the ecclesiastical ministry, the engagement with which is perpetual ;(?) — with the quality of ex-agent of affairs; — and, by assimilation to the agent himself, with any person in his employ; — ex-agred (pleader at a tribunal of commerce;) — of former partner of an agr^^;(»i) — ex-usher; — and ex-commissary of police. Conviction for political offences do not necessarily create a cause of incompatibility, either absolute or relative, unless the punishment awarded be of the character and description termed degrading (info- mante) by the Penal Code. §1. THE PKOBATION. The probation (called in French stage) is that period of trial which the ordinance of the 30th November, 1822, art. 29, and following, requires all licentiates, to prove that they possess the morality, aptitude, and experience, necessary to justify their inscription on the table of advocates. r*14.fin *The signification of the word stage indicates of itself that, L -I until the full and entire accomplishment of this ordeal, the posi- tion of the probationer is only conditional, although he may, for the time, exercise all the rights (or nearly so) of the inscribed advocate.(?i) It is on that account that the ordinance of 1822 declares that the pro- bationers shall not form part of the table. (Art. 33.)(o) It follows also as a natural result of the serious motives which gave rise to the obligation of a period of probation, that as a general rule all persons who are desirous of practising the profession are bound to submit to it, and the council has always considered that it would not be justified in accepting any equivalent, however favourable. Thus, the time passed as a judge would not be taken into account for the period of probation. An ex-judge must go through the whole pro- bation,(p) if he has not commenced previously to his entering the magistracy, or he must complete it by a continuation of probation for the time wanting ; this was decided by way of pre*cedent, by a resolu- for a public journal, whether legal, literary, or political ; — with the title of hono- rary attorney, according to the opinions of three different reporters ; — with em- ployment in the ofSce of an advocate of the Court of Cassation, even vrith a fixed salary ; — with a course of lectures on commercial law, although the professor shall be paid by his auditors ; — or with a course of lectures in an establishment called "Practical School of Civil Procedure." (Z) The candidate for probation was M. L'Abbfi Lacordaire, a Dominican monk and celebrated preacher. He was elected a representative of the people at the constituent assembly in 1848. (m) Resolution of the 4th of April, 1848, confirming the former jurisprudence of the council. (n\ See infra, p. 180. (o) There exists simply a list of probationers, which the council has refused to allow to be published in any yearly publication. Their number is usually about 800 in Paris. (p) Before a court of appeal. See infra, p. 150 and 151. THE ATTRIBUTES OP COUNCIL. 123 tion of the 18th of January, 1831. The question having been mooted again, and reconsidered on account of its importance, the council voted the order of the day (8th of February, 1831;) ever since, this juris- prudence has been followed.(2) A fortiori, the time spent in other pub- lic functions, or in the exercise of any office (which do not create an absolute incompatibility,) does not count for the period of probation. An ex-attorney (being also a licentiate-in-law) is made subject to the obligation of probation by an express *provision'of this ordinance r*i^»-. of 1822 (art. 37 ;) hence this consequence, that it will not be L '1 dispensed with, although he may have gone through probation previously to his taking upon himself the duties of an attorney, or even if he had been inscribed on the table. (r) Nevertheless the effect of the oath which he had previously taken as an advocate still subsists. The same may be said with regard to an advocate who has been inscribed on the table of a tribunal of first instance, unless he has previously gone through probation at a Court of Appeal. This exception contains nothing contradictory in it with regard to the preceding solution as to the attorney, which is based on a formal provision of the ordinance. Probation presents two principal phases; the admission and the government {regime.^ No. I.— THE ADMISSION. This comprehends the application for admission properly so called, the admission to a continuation of probation, and the adjournment. 1. — THE ADMISSION, PEOPEELY SO CALLED. In order to obtain this admission, the candidate must address a spe- cial demand to the president and to the council of the order. (s) He must justify that he is a licentiate-in-law ; that he has taken the oath before a Court of Appeal ; that he has a domicil in Paris ; that he is not living in furnished apartments, hut in his own furniture ; that he is not in any of the positions which are included in the cases of incompati- bility ; and, moreover, that he engages to pay the yearly dues. ^License. — Whenever a candidate comes within any of the r-if-iAQ-i cases in which the presentation of his diploma of licentiate is L J dispensed with (which is now almost impossible,) the council insists that (y) Every one must admit that this is rather rigorous. It would seem that the council would not be invalidating the serious motives of its decision, and would not be establishing a distinction of persons, if it were to make use of its right of omnipotence (see infra, p. 161,) in making an exception in favour of judges leav- ing any court. They ought to be, and no doubt are, fully conversant with the duties of the profession, since they may have been called upon as judges to act in such matters. At all events, the probation might be more or less abridged for all such magistrates, without distinction. See infra, p. 158. (r) Decision of the court of Lyons of the 24th of February, 1848, 2 Sirey, 1849, p. 348. («) This demand is accompanied with the payment of a fee of 20 francs into the hands of the officer of the chamber, and forms part of the revenue of the order. 124 JONES ON THE FRENCH BAR. this dispensation shall not free him from the oath or the obligation of probation. (Resolution of the 3rd of April, 1816.) Oaih.(t) — It is sufficient that the candidate shall have taken it before any French Court of Appeal ; in default thereof, the admission to pro- bation will be revoked. (Resolution of the 6th of August, 1818.) Although the decrees of the 25 th of February and of the 1st of March, 1848, abolished the oaths for public functionaries, the tribunals ruled that this disposition (purely political) did not concern the profes- «onal oath of any class of officers or practitioners, and that of the advo- cate in particular." (m) Previously to all this, the diploma of licentiate is deposited at the bar of the tribunal (^parquet,'^ in order that it may be verified by the public ministry. When a licentiate intends taking the oath before the Court of Appeal of Paris, it is necessary before the sittings, that he should pay a visit to the first president of the court, and also to the president of the council of the order of advocates ; because, according to traditional usage, the senior advocates at the bar presents the advocate to the oath. The council has the right to refuse the candidate such presentation. (Reso- lution of the 26th of January, 1847.) Domicilin Paris. — That is to say within the walls of Paris. The domicil without the barrier, as for instance at Batignolles or Montrouge, r*l 4Q1 ^^'^ ""* ^"ffi"^ I otherwise the ^surveillance of the probationers, L J which is imperative on the council, would be impossible. This is nothing more than the old prinoiple.(v) Furniture. — This must belong to the candidate, and moreover he must be located in a suitable house. The only exception to this rule is, where the candidate resides with his father or mother, or a near relative, as a brother or an uncle ; or if he be the son of an attorney practising in Paris. Incompatibilities. ^-'W& need only refer to the indications already given on this head. (a;) Yearly Dues. — These amount only to the sum of fifteen francs, and must be paid by the probationer as well as by the advocate inscribed on the table, on the demand and into the hands of the officer of the cham- ber; they form part of the revenue of the order, and go in part towards (<) See infra, rule xxvii., on this matter. («) Decision of the Cpurt of Cassation ofthe 21st of March, 1849, 1 Sirey, 1849, p. 425. ^ Besides, the law of the 8th of August, 1849, art. 41, re-enacts the oath for the judges. In Paris, every licentiate-in-law who presents himself to take the oath (although his intention is to fix himself in the provinces) is bound to pay into the hailds of the registrar of the court the sum of 41fr. 50o. : that is to say, 16fr. 50c. for his registry on the minute of the act of taking the oath, and 25 francs for the chamber of advocates, according to the terms of the decree of the 3rd of October, 1811. This is quite independent of the fee of 20 francs oil application for admission to probation, and is handed over by the registrar to the treasurer of the order. It was formerly called chapel dues. {v) Resolutions of the 13th of March and the 13th of December, 1849. The same decision applies to the advocates inscribed on the table, infra, p. 1 63. See, also, supra, p. 119. \x) See supra, p. 142, and following. THE ATTRIBUTES OF COUNCIL. 125 defraying its expenses. Admission would not be granted to a proba- tioner except on this condition. (yV Particular Conditions. — An ex-attorney is specially bound : first, to produce the deed of sale between him and his successor, (a) in order that it may be seen that this deed does not contain any clause by which the latter engages to give the former his causes to plead (Resolution of the 2nd September, 1832 ;) secondly, to justify by a receipt in due form, that he has withdrawn his caution mional and tempo- rary, but certainly actual and important,) he will be allowed an appeal from this decision, which then becomes one of a disciplinary nature, and the proceedings against him are therefore conducted in the same manner as in disciplinary matters. (i) In the second hypothesis, the indefinite adjournment of the probation, in maintaining him as it does in the exercise of his profession, the mea- sure is only of an administrative or reglementary nature, and therefore the probationer is not allowed an appeal according to the principle already ,6hown. Otherwise it would be granting a right of appeal to the proba- tioner, which is not allowed to an advocate whose admission is refused, although he has already terminated his probation, and may have obtained for a first time the honour of the table ; such a proceeding would be both contradictory and unjust. It will be conceded that the measure which indefinitely adjourns the application of a probationer is calculated to cast a stigma upon his character; but after all, it does not exceed the degree of severity and the right, which the duty of surveillance imposes on the council; it leaves the probationer his temporary position,(^) and the (g) Resolution of the 13th of March, 1849. See infra, p. ItO, "Omission." (A) Resolution of council, January, 1847. («') See infra, p. 172, and following. [k) See supra, p. 146. THE ATTRIBUTES OF COUNCIL. 135 means of obtaining at some future period by better conduct his inscrip- tion on the table. This is the usual course adopted by the council. As a general rule, when admission to the table has been refused, the probationer still has the right of making another application to the council, if he can produce any new means of justification. No copy of the resolution refusing his *admission to the table can be de- r:|o-i tory, the other not so ; both are gratuitous. The law considers L J them obligatory in all matters before the courts of assize, (Art. 294 of the Code of Criminal instruction,)(r) and the president of the court him- self names the advocate. The royal ordinance of the 30th of March, 1835, declared this article applicable to the "court of peers. The consti- tution of the 14th of January, 1852, instituted a high court of justice, which new jurisdiction is regulated by the senatus-consultum of the 10th of July following.(s) Article 17, title iii. says: — "The dispositions, forms, and delays prescribed by the code of criminal instruction, which are not contrary to the constitution and the present law, shall be ob- served by the high court ;" so that the power of the president to appoint counsel ex officio can scarcely be contested. At all events, whether the defence be obligatory or voluntary, the council, true to the ancient usage,(*) has always considered it as a sacred duty of an advocate ; and the president of the order has never refused to appoint an advocate for the poor, whether before a correctional tribunal, a council of war, or a civil tribunal. For the courts of assize, the president of the order sends to the presi- dent of every session, a list, containing the names of young advocates and probationers, whose capabilities he has been able to appreciate. This being a favour much sought after, is an indirect means of inducing young members of the profession to be assiduous in their attendance at confe- rence and at court, for without assiduity in that respect, it is q^uite cer- tain they will never obtain the favour. Representations to the Bench It is necessary under many circum- stances to submit certain observations to the bench, as for instance, to facilitate the intercourse of the advocates *with the judges, to r^i/^q-i prevent or to get rid of any measure of court which is inconve- L J nient to the practice of the profession, to regulate the communication of writings and documents. The council performs this duty by letter or by the mouth of its president, which manner of proceeding always leads to a satisfactory result, on account of the good understanding which ex- ists between the bench and the bar. Maintenance of Professional Attributes. — The council also interferes, and sometimes judicially, in such cases as the following : — to prevent any unqualified person from pleading before the tribunal or court ;(m) or (r) The law of the 22nd January, 1851, upon public assistance, has adopted this provision in favour of prisoners. In civil matters it charges the president of order with appointing the advocate. («) See part I. title. The High Court of Justice. (ij See supra, p. 112 and 117, and infra, rule xxxv. (k) Resolution of the 26th of December, 1848. Wearing the costume of an ad- vocate without being qualified, is a misdemeanor punishable by article 259 of the penal code. (Judgment of the tribunal of the Seine of the 21st of December, 1842.) 138 JONES ON .THE FRENCH BAR. whenever an advocate compromises his title by mixing it up with incom- patible funotionsjfa;) or whenever any general principle important to the order has been violated. No. II.— THE PARTICULAR INTERESTS OF THE MEMBERS. The council assists the members of the order according to the circum- stances in which they are placed, either by its kind ofiSces, or even by intervention before the tribunals. The latter course is not without its inconvenience for the order ; but whenever^the members have need of it, its protection is never wanting after a serious examination of their situa- tion and their rights. The council is ever ready also to reply (by letter) to any important and professional questions which the members of the order may think fit to submit to it for opinions, but it does not authorize the publication of these letters. (Kesolution of the 3rd of May, 1842.) [n70] *SECTION II. JUDICIAL ATTRIBUTES. These attributes which complete the legal mission of the council, are two in number. The first, which affects for a time the status of the advocate, does not stamp him with dishonour, and is called the omission. The other, much more serious, attacks him in his honour, and may deprive him forever of his calling ; this is the disciplinary power of the council. § I. THE OMISSION. The omission is a decision by which the council of the order rules, that an advocate shall cease to be inscribed on the next table, or main- tained on probation, " so long as the cause which motives the decision shall continue." The motion shall not be confounded with the discipli- nary erasure, inasmuch as it is neither definite or degrading like the latter, although it has the same effect for the time as to the exercise of the profession, which is forbidden and suspended during the period of omission. It is pronounced by the council in many cases, and among others in the case of voluntary resignation, relative incompatibility, non- residence in Paris,(2^) and non-payment of dues. (2) (x) See supra, p. 131. (y) The council decided that the absent advocates condemned by the High Court of Versailles should be omitted from the table. (Resolution of the 11th of De- cember, 1849.) The want of domicile and not practising were considered suffi- cient grounds for pronouncing the omission. « (3) An inscribed advocate formally, and without any just grounds for so doing, refused payment of his yearly dues, and contested with the council the right to omit him on that account; but the council pronounced the omission, maintaining its jurisprudence on this point. (Resolution of the 16th of April, 1850.) The advocate entered an appeal against this decision, but did not proceed with it. See supra, p. 160, what has been said with respect to the probationer. THE ATTRIBT7TES OF COUNCIL. 139 Now, it is sufficient to mention these different, causes, to show at once that each one of them places the advocate in *direct opposition ^^^ _- -, with certain fundamental rules of the profession, and that conse- •- -■ quently the council is perfectly justified in pronouncing the omission. It especially derives its power from the general principle of the 15th article of the ordinance of 20th of November, 1822, which provides, that " the councils of discipline shall repress, ex officio, all infractions and faults committed by the advocates." We must, however, here notice a prejudicial exception, which is some- times invoked by the advocate (without, however, entering into its merits,) and which is called the possession d'dtat, by which is meant, when the fact from which the right of omission would .result, as, for instance, a relative incompatibility arising from certain functions, existed at the time the advocate was inscribed on the table. In such a case it is con- sidered that a sort of chose jugie results to his profit and advantage. But this question, consisting as it does in the appreciation of a fact, namely, whether the council had knowledge of the alleged situation at the time of admission, it is obvious that the application of this means of defence can have nothing whatever absolute in it according to its own jurisprudence, and therefore the council is extremely reserved in admit- ting it. If the accepting of the functions be posterior to the admission, it would seem still more difficult for the advocate to avail himself of the exception, by insisting that he has been maintained on the table since his accepting of the same. ijs the omission affects the calling of the advocate, a reporter is charged with the duty of obtaining all necessary information," and the advocate is called before the council in conformity with the 19th article of the ordinance of 1822, to give his explanation himself (Resolutions of the 22nd of January, 1830, and of the 11th of January, 1836. )(a) But if there be a voluntary resignation, or the incompatibility is shown by the accepting of public functions, the council may pronounce the omission without previous summons or report. *The decision, whether contradictory (J) or by default, is motived and communicated to the advocate.(c) Where he has [*1T2] been judged by default, if he wishes to contest the decision which has been pronounced against him, he is allowed to form an opposition to it before the council as in a disciplinary matter; or to appeal to the court in cases where the decision has been contradictory. (t^) The opposition is receivable without any limit as to time, but the appeal to the court must be entered within ten days from the date of the notification. (Article 26, of the Ordinance of 1822.) The appeal suspends the effect of the decision. (e) Nevertheless, even after an order of court confirming the omission is pronounced, the advocate is permitted to claim his rein- (ffl) Confirmed of late by the resolution of the 19th of February, 1850. (b) This means where there has been a defence. \c) Or rather notified. (Resolutions of the 20th of December, 1849, and of the mh of February, 1850.) (d) Resolutions at Toulouse of the 21st of December, 1840, and of the 2nd of January, 1843. Sirey, 2nd vol, 1841, p. 100, and 2ud vol. 1843, p. 1i. (e) See infra, p. 175, as to opposition and appeal. 140 JONES ON THE IKENOH BAR. tegration, on proviDg that the cause of omission no longer exists. The council then examines whether he shall receive his former rank on the table, or whether he shall only be reinscribed from the date of his appli- cation for readmission. In the cases of nonpayment of dues, or the abandonment of domicilfor a short period only, it is usual to restore the former rank. § II. THE DISCIPLINARY POWER. The 15th article of the ordinance of 1822, which organizes the prin- ciple of the disciplinary power, is thus worded : " The councils of dis- ciple repress ex officio or upon complaint addressed to them, the infrac- tions and faults of the advocates inscribed on the table." Article 16, and the following, which it will suffice to refer to, explain very clearly ' the economy of the regulation in this matter, the nature of the punish- ments, and the redress which is possible. r*17qT ^Article 18, says that " the punishments T)f discipline are:— L -^'^^J "The Warning; "The Reprimand; " Temporary Interdiction ; " Erasure from the Table ; " Temporary Interdiction must not exceed the term of one year." In pronouncing the warning, the council sometimes, according to ancient tradition, orders the advocate to be present himself in order to receive it. The council preserves, and may exercise this right, without aggravating the punishment, inasmuch as the ordinance does not deter- mine in what manner the warning shall be given. Another measure, more lenient, had already been admitted, and which the council has maintained; this is called the paternal admonition, and is given to the advocate by the president of the order verbally, and without any resolu- tion being drawn up ; no mention is made of it on the minutes of the sitting, which are kept by the secretary, otherwise it would resemble the legal warning. The infractions and faults which may lead to disciplinary punishment are such as the advocate commits in violating the laws and regulations, or the traditions and usages which the regulations have respected, and which together form the rules of the profession. (/) In a disciplinary point of view, the acts of an advocate which constitute any incompati- bility with the profession, and of which we have already indicated many examples, are likewise looked upon as faults, and subject him, according to the nature of the incompatibility, to punishment more or less serious, even to erasure from the table. The ordinance leaves to the council the care of appreciating the nature of the infraction, and to graduate the punishment according to the gravity of each particular case ; and the enlightened zeal of the council has never been found wanting ; it knows, with its traditional wisdom, how to conciliate that rigour which is neces- r*1 741 ^^"^^ *" •^'^''^P'^'^Sj wi''! '^6 *regard which is due to the members L J of the order. The empire of the rules and regulations is so abso- (/) See second main section of this part of our work. THE ATTKIBUTES OF COUNCIL. 141 lute, that they eTen bind the advocate who has incurred a temporary sus- pension, because his punishment ought to render him still more circum- spect in his conduct. The ordinance of 1822 has prescribed no kind of form for the proceed- ings in disciplinary matters, and has again been desirous on this point, of respecting the traditions of the order. The complaint is addressed to the council by the party aggrieved, or by the attorney-general ; the council has also the right of taking the initiate ex officio. In all cases a reporter is appointed, and the advocate is invited by simple letter to present him- self before him, and to furnish him with an explanation. The reporter must first hear the defendant alone, and afterwards in the presence of the complainant, if he thinks it necessary. When he considers that the instruction of the matter is complete, he makes his report ; and if the council wishes to hear the advocate, he is summoned by a simple letter to appear at the next meeting ; the council never calls for the complain- ant,(g') unless he be a brother-advocate. An advocate against whom a complaint is lodged, is not allowed to call witnesses as to his morality, which ought to be apparent from his own acts. (Resolution of the 7th of August, 1849.) Sometimes it happens that an advocate, anticipating the complaint, denounces himself, and submits his conduct to the appreciation of the council. This is a pro- ceeding which honours the advocate, and if there be occasion, the instruc- tion of the matter is conducted in the above manner. When an advocate is summoned before the council, he has still the same right as formerly of challenging any member ; but the council also has the power of appreciating and deciding the question, by allow'ing the objection, or otherwise, as it may think proper. (Resolution of the 13th *of August, 1833.) When once the council has pronounced the r^-iirc-i erasure, as the result of a complaint, it will no longer permit the "- J advocate to send in his resignation. (A) It is by a simple copy on plain unstamped paper that the disciplinary resolution is notified either to the advocate or to the attorney-general, in the cases where notification is re- quired by article 26, of the ordinance. When the resolution has been taken by default,(i) the jurisprudence of the council accepts the opposition formed, by a simple letter to that effect, addressed to the president or to the secretary, without any limita- tion as to time, and even after the erasure from the table has been exe- cuted. As a general rule, no copy of the resolution dismissing the complaint will be delivered to the advocate, the fact of the dismissal being considered as sufBcient for him ; although somewhat recently the council authorized a copy to be delivered to two advocates who justified a very important and grave motive for obtaining it : as for the complainant, he does not even receive a communication of the resolution. The first two kinds of punishment, namely, the warning and the repri- (g) We never heard but of one instance in which this rule was laid aside, and that was in a most complicated affair. (A) We may however observe that one or two contrary decisions have been rendered, in order to avoid the scandal of an appeal. (i) As to not appearing when called upon, see supra, p. 139. 142 JONES ON THE FRENCH BAR. mand, do not admit of appeal on the part of the advocate, consequently the council, in pronouncing them, does not give any motives for its deci- sion. The other two, temporary interdiction and erasure, on the contrary, are open to appeal. The public ministry, also, has the right of appeal a minimcL, in all cases. (Articles 24, and 25, of the ordinanee.)(&) The notice of appeal is sufficient, if signified to the president or secretary by simple letter, and suspends the decision.(?) The appeal is heard with closed doors before a meeting of all the chambers. The desisting on the part of the complainant does not extinguish the disciplinary action. *(Resolution of the 26th of March, 1833.) We may recall to t 'J mind that the council has no right to appear before the Court of Appeal to support its own decision, in so far as the appreciation of facts is concerned, (m) Finally, the probationers are subjected to the disciplinary power of council, as well as the other advocates. The jurisprudence of the council and of the courts is settled in this respect, and is perfectly legal. And indeed, as the probationers enjoy, with few exceptions, all the rights and privileges which belong to the advocates inscribed for the practice of the profession, like them they ought to be bound to a strict observance of the rules and conditions which it imposes under pain of repression ; on the other hand, if the disciplinary penalties enacted by the 15th Article of the ordinance are to be applied to the probationers, it is only just to allow them to benefit by the 24th and 25th Articles, which open the appeal to the advocates inscribed. With respect to the disciplinary offences, it would be next to impos- sible to enumerate them, as they vary ad infinUv,m, or the means of defence, as they arise from the particular facts of the case. But this may be said, that the advocate would be justified in objecting to all such facts as preceded his admission to probation or to the table, if the council has had the opportunity of knowing, and, consequently, of appreciating them ; this, however, should be proved in the most positive manner. [*177] ^SECTION II. THE EIGHTS AND THE DUTIES OF THE PEOrESSION OP THE AdVoCATE. There exists two sorts of rights for the advocate, as well as for all other persons who exercise any special function : those which are derived from the special provision of the law, which constitute their attributes, properly speaking; and those which correspond with their duties, of which they are only the measure or limit. The rights of this second (h) The Court of Cassation has decided (2iid of May, 1843) that the public min- istry may appeal from a decision which erases an advocate from the table, 1 Sirey, 1844, p. 377. [1) Within ten days from the date of the notification. (Article 26 of the ordi- nance.) The same delay regulates the appeal of the public ministry. (m) See supra, p. 140. THE ATTRIBUTES OP COTJNCIL. 143 clasB, therefore, being ffonfounded with the duties, we shall examine them at the same time. We shall first of all enumerate the rights or attributes of the advocate in establishing the distinction which will be remarked in this respect between the advocates inscribed and the proba- tioners, independently of that which regards their respective position, which we have already noticed. («.) TITLE I. THE RIGHTS OF THE ADVOCATES. The Inscribed Advocates. — The Probationary Advocates. — General Observations. Inscribed Advocates — Their rights or attributes have been successively regulated as follows : — By the law of the 22nd Ventose, year XII; the decree of the 2nd of July, 1812 ; and the royal ordinances of the 27th of February and of the 20th of November, 1822. Now, it results from these enactments, that the advocates of Courts of Appeal are authorized to plead, exclusively of *all other persons, r-^-. .^jj, all causes before the court or tribunal (Article 39, of the Ordi- L J nance of 1822,) with the two following exceptions :(o) first, those attorneys who have obtained letters of license in the interval of Ven- tose, year XII., and July, 1812, have a right to plead the causes in which they are concerned as attorneys (Art. 32, of the law of year XII ;) but, in fact, there are no longer any in Paris, or probably else- where in France, at present in that position j — secondly, all attorneys have the right to plead, in the matters of their own office, all incidental demands which are of a nature to be disposed of summarily, and all incidents of procedure, but not summary causes properly so called. (Articles 2, of the Decree of the 2nd of July, and 5, of the Ordinance of 27th of February.) Whenever young advocates have perceived any encroachments, the council of the order, with a view to their interests, has insisted on the punctual execution of this ordinance (Kesolution of the 1st of Februray, 1842,)(p) and has taken measures in consequence (further Resolution of the 22nd of February.) The advocates of a Court of Appeal may now, as formerly, plead, both within and without the jurisdiction, before all tribunals and other Courts of Appeal, without having need of the autho- rizations which were required by article 39, of the ordinance of the 20th of November, 1822.(2') Indeed, the council of the order has even decided, and with reason, that an authorization is no longer necessary to enable them to take charge of a defence before the Courts of Assize in the departments, the 295th article of the Code of Criminal instruction not (n) See supra, p. 146 and 164. (o) See also articles 85 and 86 of the code of civil procedure, and article 295 of the code of criminal instruction. (p) The restrictions of the ordinance do not prevent attorney's pleading before criminal courts and tribunals, and expropriation juries. (j) Article 4 of the royal ordinance of the 27th of August, 1830 144 JONES ON THE FKENCH BAR. requiring it. (Resolution of the 30th of April, 1844.) They are also allowed to plead before a tribunal of commerce (notwithstanding the terms of the Eoyal Ordinance of the 10th of March, 1823,) on the instruction and in the presence of the party representing the client, who r*17QT *'^ generally the Agrii.ir) But they have no right to plead •- J before the council of state or the Court of Cassation, except in great criminal cases which are heard before the criminal section of that court. On the other hand, the advocates of the Court of Cassation and of the council of state cannot plead before the Courts of Appeal or the tribunals, the Courts of Assize excepted. The advocates inscribed on the table deliberate and sign, by virtue of the special privilege given them by the law, all consultations on JRequete civile,{s\ — they must, however, be of at least ten years' standing at one of the tribunals in the jurisdiction of the Court of Appeal within which the judgment has been given (Art. 495, of the Code of Civil Procedure;) those relating to the transactions of minors (Art. 467, of the Civil Code;) those for the communes and public establishments (Laws of the 7th Messidor, year IX., arts. 11, 12, and 13, and of the 21st of Frimaire, year XII ;) for soldiers and sailors on active service (Law of the 6th Brumaire, year V., art. 1 ;) and for the poor (Decree of the 14th of December, 1810, art. 2L){t) Lastly, they may be called upon to supply the places of the judges or the officers of the public ministry at court (Articles 30, of the Law of the 22nd of Ventose, year XII., and 25, of the Decree of the 4th of December, 1811,) if they are of the full age required by law ; and for the time being, they enjoy all the rights and privileges, as well as the responsibility of judges. In this case, it is the senior advocate present in court who is called up to the bench.(M) Those advocates who are inscribed at the bar of a tribunal of first instance have no right to plead r*l sm '^^^"'^^ Courts of Appeal ; *they can only do so before the Courts L J of Assize, and the other tribunals of the same department. (Article 40, of the Ordinance of 1822.) Probationary Advocates. — These, when of the full age of twenty-two, enjoy the same prerogatives for pleading and consultation, as the advo- cates who are inscribed on the table, with the exception, nevertheless, of the consultation on Requite civile. Under that age they can neither plead or write in any cause, unless they have obtained a certificate from two members of the council, showing their assiduity at the sittings of the court during two years, which must be also visi'd by the council of discipline. (Articles 34, and 36, of the Ordinance of 1822.) We may, (r) See supra, notice on the composition of the French courts, title III., tribunal of commerce, p. 16. See also, infra, rule xxi., which forbids an advo- cate to accept any procuration, that is, power of attorney or mandate to act for another. («) For explanation of the requite civile, see article 480 of the code of civil procedure. This is one of the few rights or privileges not enjoyed by the proba- tioner. (() See supra, p. 154, gratuitous consultations. \u) The judgment must mention the seniority. Court of Cassation 26th of No- vember, 1849. THE ATTRIBUTES OF COUNCIL. 145 however, observe that the production of this certificate is very rarely insisted on, it having been enacted upon purely political considerations; but what still remains obligatory on the part of the probationers, is assi- duity, as we have frequently repeated. The council has likewise decided that the probationers at a Court of Appeal have a right to plead before any other Court of Appeal, and without a certificate from the council, if they are above twenty-two years of age. (Resolutions of the 11th of May and of the 22nd of June, 1823, of the 7th February, 1843, and of the 5th of March, 1844.) But this prerogative would not belong to them, if they are on probation before a tribunal ; they can, however, plead before the Courts of Assize and the other tribunals within the same department, provided they have attained the age of twenty-two, and for the same reason the certificate would be dispensed with. As admission to probation might be granted to a licentiate of only nineteen years of age,(a;) his minority would be no obstacle to the exer- ciise of his profession under the conditions prescribed by the ordinance. It is evident, however, that probationers — even those attached to a Court of Appeal — cannot supply the place of the judicial authorities, the decree *of 1810 according this honourable privilege and distinction to r^in-i-i the advocates inscribed on the table only. (Resolution of the L J 11th of August, 1840.) General Observations. — The exercise of the rights which we have just pointed out as belonging to the inscribed and probationary advocates, can only exist where there has been no interruption thereto by a tempo- rary interdiction pronounced by the council of discipline. It would seem, however, that in cases where they have incurred an interdiction of civic rights since their admission to probation, and especially before, they would not be considered on that account incapable in any particular, ' unless the fact has caused a temporary and disciplinary suspension to be pronounced by the council of the order, or by the tribunal at its sitting;^ this alone can have the effect of paralyzing the practice of the profes- sion ; of course the omission ordered by the council of the order would have the same effect as the suspension, (y) The advocate erased from the table, or from probation, by a disciplinary measure, ceases to be an ad- vocate ; he forever loses the right of practising the profession, as well as of taking the title. TITLE II. THE DUTIES OE THE ADVOCATES. We have just said^under the preceding head, that the duties or obli- gations of the advocates comprehend in their favour certain rights, which are only the measure or limit of these duties. Therefore, in pointing out the latter, we shall in fact be explaining the former. It is in this (x) After three yearB' studies in a faculty of law, which the new law allows to be commenced at the age of 16. See supra, p. 120, note 4. (y) Sef supra, p. 170. June, 1856.— 10 146 JONES ON THE FRENCH BAR. undividable whole of correlative duties and rights that we shall be able to find the rules of the profession, an essential object of this work. In a legal point of view, it will be sufficient to remark that the rules which result from tradition and usage have, for the greater part, been r*189l ■^1'^''"^% confirmed, and even in *express terms, by articles 14, L ^^"'J 38, 42, and 45, of the ordinance of the 20th of November, 1822 ;(2) that they are obligatory as well on the part of the probationers as of the advocates inscribed on the table,(a) in everything which re- gards the exercise of the profession ; that they are all presumed to be acquainted with them, because nobody is supposed to be ignorant of the law. These propositions are incontestable ; and the result of the latter is, that, in case of infraction, no one is permitted to plead ignorance of the rules in order to elude or attenuate the disciplinary punishment. In other words, this ignorance, even without any reproachable intention, is a circumstance which may he punished hy the council. (Resolution of the 25th of June, 1833.) Such a precedent is in itself the most serious warning which can be given them. For the greater order and precision in the exposition of these nume- rous and different rules, we shall examine successively the four situa- tions which embrace the whole life of the advocate, namely : — 1. His general duties ; 2. His duties towards his clients; 3. His duties towards his brother-advocates; 4. His duties towards the judges. This summary deserves serious consideration, because it may be con- sidered as containing the whole of the instructions for the profession. It may appear, perhaps, somewhat severe, but there is nothing exagge- rated, and authority will usually be found in support of the principle. [*183] *CH AFTER I. THE GENERAL DUTIES OF THE ADVOCATE. It is important above all, properly to define the moral character of the advocate, the advocate considered in the spontaniety and intimacy of his actions, independently of his dealings with other people. The famous words of D'Aguesseau have been repeated a thousand times : " The order of advocates is as noble as virtue." We repeat them again, because they convey a great and imperious lesson.; and indeed, both tradition and the present regulations require of the advocate the most essential and rare qualities — probity, disinterestedness, moderation, (z) Article 14, which containa the spirit of the ordinance, is to this effect: the councils of discipline are charged with maintaining the principles of moderation, disinterestedness aai probity, upon which the honour of the order of advocates re- poses. See the other articles in the appendix. (a) See supra, p. iVe. GENERAL DUTIES OF ADVOCATE, I47 and independence ; other duties &o4 from them as the necessary conse- quence. I. Some ancient writers,(a) speaking on this subject, have said, " one cannot be a perfect advocate if one be not a good and honest man." The mission of the advocate is one of persuasion; and no one can per- suade, even with great talent and learning, who is devoid of probity, and whose conscience belies his word and counsel, n. Probity, in the ordinary sense of the word, will not be sufficient. If the ordinance had meant and desired nothing more, it certainly would have dispensed with enacting it,(6) since probity is the duty of every man. But what the ordinance meant is, that the advocate should carry his probity *to extreme delicacy. Indeed all the conditions of p^-. j, . , his existence, liberal education and the necessities of his posi- L J tion, impose on him this more strict obligation. The client who trusts in him with entire confidence, is almost always obliged to yield to his influence and direction ; the judge who listens to him must needs accept his word with the same confidence, in order to associate it with the work of justice. III. In the first place it is a matter of conscience, th?,t the advocate should be thoroughly acquainted with his profession ; if the degrees of licentiate and doctor presuppose a certain amount of knowledge and learning, they do not always prove it j certainly they do not prove experience in busi- ness. It is his duty also to consult his own strength before giving an opinion which may be required of him, or before pleading a cause which is entrusted to him. If he consider himself inefficient, let him abstain, or claim the assistance of a brother-advocate, because otherwise he may compromise most grave and important interests. On the other hand, he should not hold himself in too great mistrust, but endeavour to know himself and overcome any excessive timidity. Many a man might be pointed out, who, owing to this last defect, has been ruined in a career, in which he might otherwise have obtained a brilliant success. IV. Whenever an advocate consents to take charge of a matter, he is bound by probity much more than by amour-propre to study it properly, by giving it all the care and time it may require ;(c) every matter has its relative importance. Young advocates frequently, relying too much on their natural facilities, neglect the proper examination of documents and (ffi) Boucher d'Argis, and Camus. (*) Article 14 of the ordinance of the 20th of NoTember, 1822. (c) "Estre avocat et se lever matin, sent deux choses inseparables." — La Eoohe- Flavin, book iii. chap. 3, No. 12. 148 JONES ON THE FRENCH BAR. facts, which are to be learnt only by an attentive and patient reading ^- „-, *of the papers.(c?) At first, this may be looked upon as an act L •'■° J of levity ; but when it becomes habitual, it amounts to indelicacy. In his pleading as in his drawings, in his consultations and business relations, the rule does not admit of any indulgence, which requires him to reject, without hesitation, all means which are not perfectly legal. VI. Imitating that pretended philosopher of antiquity, who announced him- self hff placards as possessing the means of gaining a bad cause, would be worse than improbity, it would amount to infamy. (e) VII. Truth is another obligation which flows from probity. It does not consist simply, that an advocate should confine himself to the stating only of positive facts, but it forbids him also to have recourse to any dis- simulation, subterfuge, or artifice which may beguile the judge. A man may be deceived bona fide as to facts or arguments, but artifice is a lie. On the other hand, if an advocate is not bound to state everything, he must not dissemble : between honest reticence and dissimulation the shade is sometimes light, but it never escapes the eye of conscience ; the dissimulation of a fact the communication of which is obligatory,(/) admits of no excuse. In a word, an advocate should be more desirous for the triumph of truth than of his cause. VIII. To aim at cunning and subtlety in pleading, is another violation of r*18fi1 ^'^^^^'} ^^^ '^^ never gives that species of eloquence *which capti- L -1 vates, nor does it produce that conviction which is necessary to be transmitted to the minds of others. IX. An advocate should read or cite all documents and authorities in ex- tenso, that is, even the passages which would seem unfavourable to his cause ; he should afterwards explain the objection and refute it ; other- wise he would raise a doubt as to his loyalty, and would be furnishing a powerful arm for his adversary against himself. Asking for a postpone- ment of his cause, by making use of a subterfuge or alleging a pretext, (d) " De parler sur-le-champ sur des pieces, comme j'en ai vu aucun de mes compagnons, je I'admire plutfit que je ne Vapprouve." — Pasquier, cited by Loysel, Dial. p. 243. (e) A resolution of the 22nd of December, 1813, nevertheless furnishes an ex- ample. (/) See infra, rule Ixxvii. GENERAL DUTIES OF ADVOCATE, 149 is another violation of the rule on truth,(^) a violation less serious, no doubt, but to which sufficient attention is not paid. Signing the register of assiduity without assisting at the conference, is a lie on the part of the probationer. An advocate who would obtain a reputation for truth with the judges, should never advance an important fact without proof in hand ; for should the adverse party contest it, he will find himself engaged in a perilous struggle, unless he has acquired sufficient authority at court to inspire belief with the judges : a young advocate should never risk it. XI. It is also imprudent for an advocate to call himself the friend or patron of his client, to proclaim the part he may have taken as such in the matter, and, above all, to mix up any appearance of an interested feeling or personal animosity with the cause. This equivocal position is perni- cious to the truth, produces mistrust in the mind of the judge, and com- promises the reputation of the advocate. XII. It is an immense advantage to an advocate to merit the confidence of the judges by a constant habit of being true. *With such a r^jt-iQw-] man, they are disposed to accept his citations without control; L J and certain causes indeed, consisting wholly of facts, maybe gained upon his word alone. But if once unhappily they should have reason to doubt his veracity, experience shows that such an impression can never be effaced. XIII. Disinterestedness is the quality eminently distinctive of the profession, and the ancient bar has left many memorable proofs of it. Probity re- quires the advocate to content himself with a remuneration proportionate to his labour and the importance of the cause. Disinterestedness, which proceeds from a much more elevated sentiment, goes still further; it requires him to forego this remuneration from a client who has not the means of offering it, and at the same time to give his services with more care and more zeal if possible, than for the richest individual, the maxim being, — " He should defend the rich from a sense of duty, and the poor from a kindly sense of interest." (h') Public consideration fully repays these acts of generosity. The rule of disinterestedness is applied, in a certain degree, in all matters relative to the delicate question of fees, of which we shall hereafter speak. (*) {ff) Eegulatiou of March, 1344. See supra, p. 115, and article 5 of the decree of the 10th of December, 1811. (A) Camus, letters, p. 6. (j) See infra, rule Irii. and following. 150 JONES ON THE FRENCH BAR. XIV. Whatever maybe the position of an advocate at court, he should never refuse the most trifling cause, otherwise his disinterestedness would be suspected. When his position attains a certain degree of eminence, these small matters will no longer follow him. " Great advocates advance sufficiently of themselves." (h) We may except, however, the advocate who simply refuses unimportant causes for the sake of passing them to his juniors, whose commencement in their career he is thus aiding. An advocate should never accept too great a *number of causes ; if L J this surcharge does not indicate avidity, at least it overpowers and stifles talent. That sort of moderation which applies to fees, comes under the deno- mination of disinterestedness, but the moderation of which we are about to speak manifests itself in the pleading and the writings of an advocate. It will not suflBce that he be modest, for the showering down praise on oneself is so shocking a failing, that a man would avoid it simply to avoid being ridiculous ; but moderation requires that he be sober in the praise of his client, and that he abstain from improper language towards his adversary. He should also mistrust that kind of language which one of the ancients has stigmatized with the appellation of canine eloquence.(Z) In all Qases, abusive language addressed to an adversary compromises the client, and exposes the advocate himself to the offence of defamation.^™) Impassive as law and justice, the advocate should be master of himself, and serve the passions of no one. Moderation increases his strength without injuring his independence. Is it his duty to unmask a system of fraud ? his mission being then of a more enlarged nature, he may take a more energetic stand. In order to convince the judge, he should repre- sent with energy, without scruple or fear, all the facts, and all the acts which tend to fortify the attack, however exalted be the position of the adverse party, however serious the consequences of the debate may be to him ; the ministry of the advocate should be displayed in all its power, and then the accents and even the wanderings of a legitimate indignation will be pardoned him. But this liberty itself does not tolerate abuse ; let him recollect the words of the first French legislator : " Et toutes les resons a destruire la partie adverse si doit dire courtoisement.(n\ [*189] *xvi. Moderation also commands the advocate not to mention unnecessarily any facts which are foreign to the case, especially if they are of a nature to cast a slur upon the honour of the party to whom he is opposed.(o) [k) Loysel, Dial. p. 236. (Z) Appius. (m) Article 31 of the decree of the 14th of December of, 1810, expressly forbids this. See notes (o) and (p) next page. (n) See supra, p. 113. Resolution of the 24th of January, 128, and of the 15th of January, 1833. (o) Facts which are defamatory may give rise to a public action against the GENERAL BUTIES OF ADVOCATE. 151 It imposes on him, with more reason and under severe penalties, the same reserve with regard to persons who are not parties in the cause, and who consequently have not the means of replying ; towards witnesses who have given evidence under the sacred obligation of an oath j towards scientific referees, appointed by the court ; unless the attack be neces- sary to the elucidation of the cause, and founded on proof as clear as day.(^) XVII. It is also a breach of moderation for an advocate to expose himself to scandal or ridicule, by seeking to produce an effect in court by means of diving into the depths of pathos, and is sometimes even treated as a disciplinary offence, (g) Effects in court may be very sublime, but they only belong to great causes and great advocates. XVIII. The independence of the advocate is to be found in the sentiment of his dignity and the nobleness of his heart. This traditional independence, which moderation does not exclude, is both a right and a duty. In its most brilliant point of view, it binds him, as an incumbent duty, to de- fend his cause, as we have just now observed, without preoccupation as to the credit of his adversary, or the peril of the defence. It has p^, „„-. *ever been the lot of advocates to have to contend against parties L J elevated by their social position or by fortune, against popular factions or political passions ; but their courage has never been found wanting ; the annals of the French bar furnish some striking examples. As a right, the independence of the advocate is shown in his dealings with his clients, and his intercourse with the judges : each of these delicate situa- tions has its difficulties, which we shall endeavour to explain ; but what we may say at once is, that he should on all occasions defend the honour and the prerogatives of his order. The order, which he should look upon as his Family, cannot be compromised without his being compro- mised also. An advocate ceases to be independent when he has placed himself in a position which creates an obstacle to his free action, or to the accomplishment of his duties, of which we shall presently see some examples. Independence without moderation becomes licentiousness, at the bar as elsewhere. XIX. The honour of the order being based on the strict observance of the advOGate, to a civil action by third parties, or even by the parties to the cause, when authorized by the tribunals. (Article of 23 of the law of the ITth of May, 1819, and order of the Court of Kouen of the 7th of March, 1835. 2 Sirey, 1835, p. 211.) {p) An order of the Court of Cassation of the 11th of August, 1820, has decided that witnesses who have been calumihated or defamed in any writing distributed by an advocate, shall be allowed to bring an action for damages against him be- fore the correctional tribunal. (j) Resolution of the 16th of December, 1820. 152 JONES ON THE FEBNCH BAK. foregoing fundamental rules, it has deduced therefrom an important consequence, which has become traditional and frequent in application, which is, that the conduct of the advocate should be constantly dignified whether at home, at court, or elsewhere, and therefore that every undig- nified act falls under the cognizance of the chamber of discipline. Pre- sent ideas would ill accord with certain forms and requirements which were the glory of the ancient bar ;(r) but still they do not tolerate pro- ceedings and habits which bring scandal in their train. If the private life of the advocate is an impenetrable sanctuary,(s) discipline has a right to demand of him an account of his exterior actions, when they have attained *a degree of public notoriety which compromises the L J profession. In this sad occurrence, the man and the advocate cannot be separated ; the one must answer for the faults of the other.(<) Thus for instance : an advocate is not punishable because he has a greater or lesser number of creditors ; but he is so, if he dishonours his charac- ter ; if their proceedings bring about a disgraceful debate revealing an odious cause of debt ; if he endeavours to resist their claims by chicanery and nullity ofprocedure, dishonest limitations, simulation of acts, &c. : so also a life of public disorder, of low, degrading morals, would form a case for erasure from the table. («) XX. An advocate should especially respect his robes; whenever he wears them he is in the exercise of his ministry, which is looked upon almost as sacred. xxr. Certain other acts, of which we have already indicated some in speak- ing of incompatibilities, compromise the dignity and independence of the profession, though in a lesser degree. " An advocate should not," says Boucher d'Argis, p. 394, " mix himself up in any matter which is (r) We may cite, as an instance of this kind, the reply which the president of the bar of Paris made to Mr. First President De Thou, who had offended the cele- brated Dumoulin, while pleading before him : " Offensisti hominem doctiorem te et quam tu unquam eris." (s) This is not in opposition with what we have said with regard to proba- tioners. See supra, p. 156. (t) It was so decided by an order of the Court of Cassation of the 8th of March, 1847, the motives of which decision are too remarkable not to be here produced. They are as follows : — " Considering that, in law, it is impossible in this matter to distinguish the man from the advocate ; that the honour and the dignity of the advocate over which the council of discipline is called upon to watch, cannot exist without integrity in private life ; that the advocate who, in his character of father of a family, commits fraudulent acts, necessarily fallS|Within the class of those who violate those duties which are inseparable from the profession ; that it is not possible for the advocate to be invested with the honourable and dignified cha- racter which the spirit of his profession imposes on him, if the private man be guilty of any actions which are reprehensible," &c. (u) Resolutions of the 12th of November, 1829; of the 24th of May, 1831; and of the 25th of June, 1833. The publishing and selling of any pleading pronounced by him is another case of indignity on the part of an advocate. (Eesolution of the nth of July, 1828.) GENERAL DUTIES OF ADVOCATE. 153 foreign to the profession. Nothing should be more pure than the profes- sion of the advocate, the hast mixture spoils and injures it."(v\ This rule, which it *is desirable should be maintained, is the safeguard r:jc-|Qn-i of the order. L J Thus, the wisdom of the iouncil reproves most severely the accepting of any power whatever, whether written or verbal, unless it be given by a very near relative and accepted gratuitously. In this exception, there is nothing beyond a service rendered ; but if the service be paid, there is no excuse admissible, because, for a stipulated sum, the advocate accepts a dependent position, and takes upon himself engagements which are repugnant to his character and to the essential principles of the pro- fession. It is on this account that the council will not allow the accept- ing of any power from clients to plead before the tribunals of com- merce.(w) To the power of attorney we may also assimilate such acts as the fol- lowing: where an advocate consents for a sum of money to lend his name to a bill, or any act or deed whatever} the habitual purchasing of claims or debts, by which such rapid and often doubtful fortunes are made ; speculations in buying and selling real property ; the engaging himself to get execution on a judgment or order obtained on his pleading, or on any conventions interesting his client ; putting his signature to a reguete or any other act of procedure (this, if renewed, would amount to a misdemeanor, as usurping the functions of an attorney •,\ sending cards of address, circulars, or letters having a printed or engraved head ; or having a plate on the door of his residence. In a word, all kinds of solicitation on the part of another in consideration of a salary, or any remuneration whatever, is strictly forbidden. We need scarcely add, that all kinds of agency \a proscribed by all the regulations. (x) xxn. According to the rule on the subject of indignity, it will be obvious that an advocate commits a great breach of duty, *when in order p^, gn-i to procure pecuniary resources, he signs or indorses a promissory L -I note, and more especially a bill of exchange, which are ptirely acts of commerce. If he does not become a trader by one or two acts of this kind, he exposes himself to protest, writs, and even to arrest, which damage his reputation. XXIII. Such an action as in itself may not amount to an indignity, may how- ever be reputed a monstrous impropriety. It is true that impropriety presents several degrees, but the delicacy of the advocate will give him the measure of them. Thus, he should never accept the duties of as- signee of a bankrupt, although he may be a creditor ; or be too severe in {v) See also supra, p. 123, what Denizart says. "L'^tat d'avocat desire son homme, tout entier." — Loysel, Dial. p. 225. (w) See supra, p. 178. (x) Article 42 of the ordinance of 1822. 154 JONES ON THE FRENCH BAR. prosecuting his unfortunate debtor ; or support a decision before a tribu- nal, which he may have pronounced as arbitrator ; or plead in a personal affair (that is, in general) because he may be prejudiced or influenced in spite of himself, (y) XXIV. The duties of arbiti'ator, far from being incompatible with the profes- sion, honour it, siiice they elevate the advocate to the position of a judge, and impose on him the same duties and obligations. If an advocate ac- cept this important position, he must divest himself of all bias and pre- judice, from which he is not always exempt in the exercise of his pro- fession ; • he must also mistrust that peculiarity of the mind which often leads to controversy j he must penetrate himself with the idea that he is not charged with the defence of the person who has appointed him arbi- trator, nor hesitate to condemn him if the jtistice of the ease require him so to do. If he has advised on the matter, he cannot accept the position of arbitrator, (z) r*l on ■'■*' ^^^ traditional with the ancient bar, that an advocate *should L J never accept an arbitration in conjunction with any others than the members of the same profession, for which the order entertained two reasons. It thought that between between brother-advocates the inter- course would be more facile ; and, on the other hand, in order to fulfil so arduous a duty, the responsibility of which weighs morally on all the arbitrators alike, that a greater guarantee would ordinarily be found in members of the bar than in other persons. If at present an advocate is permitted to arbitrate with persons who are strangers to the bar, he should either be acquainted with them personally, or take the necessary steps to assure himself of their capabilities and morality ; and long expe- rience has shown how essential is this recommendation. In this case the rank and seniority of the advocate is put aside ; the oldest arbitrator presides, and holds the meetings at his residence ; any dissent to this ar- rangement on the part of an advocate would only be considered as idle vanity. Cases have been known in which an advocate has refused to sign the award, because it was contrary to his own individual opinion. This re- fusal does not render the award null if it be signed by the majority, but it is looked upon as an indelicate proceeding on his part towards his co- arbitrators, inasmuch as the majority binds the minority. It is the con- stant habit with members of the bar not to include the arbitration fees in the costs allowed by the award, whether they have been offered before or otherwise. Indeed an arbitration will not liberate an advocate from the duties of the profession, and the amount might become a subject of discussion which is repugnant to the principles of the bar, as we shall presently see^Tci) each party ordinarily pays one half of these fees. It (y) See infra, rule Ixxxix. (2) It is the law itself which says so. (Ordinance of 1408 ; of 1535, chap. 12," article 16; of December, 1540, article 11; of 1667, tit. Recusations, article 6, Jousse, p. 444.) (a) See infra, rule Iviii. GENERAL DUTIES OF ADVOCATE. 155 would be a monstrous breach of the delicacy of the profession, were an advocate to decline to terminate an arbitration on account of the insuffi- ciency of, or refusal to pay, his fees. *xxv. [*195] It is neither derogatory to the dignity or the independence of an ad- vocate to take charge of the duties of arbitrator-reporter, when they have been confided to him by the tribunals in any special matter ; he ought, on the contrary, to accept them out of respect and deference to justice ; he may also, in such a case, take a fee, if it be tendered to him accord- ing to the usage of the bar, that is, voluntarily and without the tax of the judge.(6) But we may observe, that if he has applied or consented to be placed on the list of persons whom the tribunals of commerce ap- point for that purpose, he then will have accepted an employment con- trary to the dignity of the profession, and quite incompatible there- with, (c) XXVI. Advocates may plead before arbitrators, whether members of the bar or otherwise, before judges of the peace, councils of prefecture, the cham- bers of discipline of the different ministerial officers, in fact in all places where questions are discussed which are worthy of their ministry. (i^) The council, however, has decided that it is not suitable for an advocate to present himself in his robes before judges of the peaee,(e) because a certain class of persons, styled Agents d' Affaires, are allowed to practice in their tribunals ; the same decision would doubtless be applied to the other cases. Although the law(/) permits the advocate to assist his client on summons before a judge, the bar in Paris has never availed itself, of the privilege, because it approximates to an act of procedure, which is the province of an attorney. *xxvii. [*196] The oath^^') which the advocate takes before he enters on probation, and which the council of the order renews for him every year at the first solemn sittings of the court, is the consecration of all the duties of the profession ; it has ever been regarded by the advocate as an act of faith as well as of religion. It is not, therefore, sufficient that his conscience should prompt him to respect this sacred obligation ; he must also be able firmly to resist, should bis client seek to induce him to infringe it; He can make no compromise with his oath j that is the absolute rule. (S) Eesolutions of theJlOth of April, 1832, of the 28th of August, 1832, and of the 11th of June, 1833. See infra, rule Iviii. (c) Which is the jurisprudence of the council. See supra, p. 144. (d) Also before the councils of discipline of the National Guard. \e) Resolution of the 1st of August, 1838. ^ (/) Article 105 of the 30th of March, 1808. ((/) Article 38 of the ordinance of 1822 : "I swear I will say nothing, as counsel or defender, which is contrary to the laws, the regulations, good morals, the safety of the state and public peace ; and that I will never swerve from the respect which is due to the tribunals and public authorities." 156 JONES ON THE ERENCH BAR. xxvni. The oath has no longer any political character or feature ; but it is not necessary to bind oneself by oath to respect religion, public morals, and social order. Such principles, which are altogether independent of politics, unchangeable, and eternal, are binding on all men, and on the advocate in particular. Should they be the object of an attack or be disregarded by an advocate, whether in court or in writings, so great a scandal would be repressed at the present day as it always has been, by the wisdom and firmness of the council. XXIX. If the inviolability of representative of the people frees the man from the regulations of the profession, as an advocate he should never forget them. XXX. In order to accustom themselves to the observance of the rules by good example, the probationers and the younger members of the table should follow the sittings of the court and of the tribunal, where they r*i Q7n ^'^^ ^^^ useful lessons in *pleading, by studying the orator in L J great causes. If within the last few years, the desire of expe- diting business has almost effaced the grand and solemn forms of ancient pleading, they should nevertheless endeavour to learn, how to plead well. XXXI. Previously to 1830, it was with a certain degree of uneasiness that the council perceived that the members of the bar had taken to write in the public journals. The new council is more tolerant in this respect; it will not, however, permit them to make a speculation of this doubtful proceeding. The law journals do not present the same peril, inasmuch as the most eminent of the judges, as well as of the bar, publish their ideas and their doctrines therein. XXXII. It is a dangerous thing for an advocate to assume to himself a pre- mature reputation, on account of eulogium passed upon him by the public journals ; he should never take the publication of his name for celebrity. He will do well to remember the truthful expression of an ancient president of council;(^) "A solid reputation proceeds only from court." He will, above all, avoid giving an account to the public journals of any cause^ in which he has been engaged, where the truth of the facts is distorted ; this would not only be an act of imprudence, but might amount to calumny or defamation. (i) (A) M. Delangle, ia his speech at the meeting of the bar after vacation, No- vember, 1835. J^i) Resolutions of the council of the 3rd of May, 1831, and of the 30th of De- cember, 1839. ADVOCATE'S DUTIES, ETC. 157 *CH AFTER 11, [*198] THE DtFTIES OF THE ADVOCATE TOWARDS HIS CLIENTS. (a) XXXIII. From tlie rules laid down in the preceding chapter, especially those of disinterestedness and independence, it results that it is unworthy of an advocate to solicit business, but that it should come to him in his study ;, unless in the case of a defence which he may offer gratuitously to the poor. The commencement of the profession is no doubt difficult, but he must face it with courage and confidence ; others whom he may see at the head of his profession have commenced like himself: " iliere is room for all at the han."(b') If he has neither hope or resolution, he had better renounce his career, it is the only thing possible. It is also forbidden, and for the same reasons, that he should form a connection by any understanding with an attorney or an agent d' Affair es.i^c) XXXIV. The situation of an advocate who commences his career by criminal business (and rarely he has the alternative) presents, in particular, certain dangers, but which may be avoided in the following way. Whether appointed ex officio, or chosen by the client, he will shun certain repre- hensible acts which the council has often been .obliged to punish ; he will scrupulously *avoid all connivance with gaolers or prison- i-if-ioq-i agents, who make a speculation of selling the defence of prisoners L J for money, or other more degrading remunerations. He has the right of free communication with the prisoner, and of receiving from him all documents without the control of the authorities. ((3?) He receives the prisoner in the parloir of the prison as he would any other client in his own study, with all the respect which is due to misfortune, but with the same independence. He is commanded by law to conform himself to the rules of the prison, and not to facilitate his client any exterior com- munication, such as letters or otherwise. An ill-founded zeal is never excused. XXXV. The ministry of the advocate is free. He may, without giving any (a) The French advocate, unlike the English barrister in this respect, always sees his clients personally, without the intervention of an attorney, whether in civil or criminal matters ; nor has he any need to be instructed by an attorney in any case whatever. (b) Loysel, p. 247, Dial. ; and also Laroche-Flavin. The excellent advice which they give to young advocates is well worth reading. (c) Resolution of the 17th of March, 1840 ; Jousse, p. 461, who cites an order of parliament on the 17th of July, 1693. (d) Resolution of the 21st of June, 1837, and of the 20th of November, 183^, and many others, although this opinion has been controverted. 158 JONES ON THE FRENCH BAB. reasons, refuse an affair which is offered to him ', this is one of the ancient privileges, and admits of no other exception than the case of an ex officio defence. In order to excuse himself from pleading ex officio before a Court of Assize, he must have his reasons approved of by the judges, the 41st article of the ordinance of 1822 not allowing them to be appreciated by the council. But in those cases where the advocate has been appointed ex officio by the president of the order, he may submit his excuse to the council. Nevertheless he is not obliged to lend his assistance in a criminal tribunal where the client obstinately objects, whether at the trial or on any previous communicatious with him. If the law grants the prisoner aright of council, it does not impose it on him. But under such circumstances, counsel is obliged to remain in court till the end of the trial, in deference to justice which has appointed him, out of respect to the engagement he has contracted towards it and society in general, out of obedience to the maxim of criminal law, which protects the r*onfn prisoner notwithstanding his perverseness,(e) and, lastly, *because L J the latter may, at the very last moment, claim the assistance of his counsel.(/) Recently, on the occasion of the state trial of the High Court of Bourges, the council of the order decided that the advocates who were appointed ex officio should write to the prisoners before the day of trial, to give them the option of refusing or accepting their ministry. (^) The senior as well as the junior members of the bar are appointed to ex officio defences. XXXTI. In consultation, an advocate should give his opinion, whether favoura- ble or unfavourable, according to his own impression, and without regard to the secret desire of the person requiring it. It is rendering an immense service to a consulting party to dissuade him from persisting in a bad cause of action. G-iving an opinion according to the statement of the client, positis ponendis, is not fulfilling his duty. Counsel should only rely on this statement in so far as he is enabled himself to verify the documents and the facts of the case ; where such is impossible, he should expressly state it, so that his opinion may lead no one into error. Some of the ancient bar carried their scruples still further ; in their timid consciences, they thought they could only advise on points of law or the interpretation of deeds, facts being considered by them of an uncertain nature, because they were not controverted. This is certainly the safest course for council, because the opinion is then based upon a positive element; but it is not often that a difficulty presents itself without some matter of fact bearing on the point or the document, whatever it may be. Whenever" an opinion has to be signed by one or more counsel, no matter their number or their reputation, each individual counsel must examine the question and documents for himself. Joining their names -Ye) Nemo auditur perire, volens. See infra, rule liv. .(/) Eesolution of the 18th of February, 1850. [g) Resolution of the 13th of February, 1849. ADVOCATE'S DUTIES, ETC. 159 with that of others without previous examination is committing an act of complacency. *If the opinion be joint, the consultation should r:Koni-| take place in common, the interest of the consulting party and L J the honor of counsel alike require it; the discussion is sure to lead to a more elaborate and enlightened opinion. The junior counsel draws up the opinion, scribai junior. When the consultation has not been collective, each person should at least give his reasons for adhesion. In those consultations where an advocate has almost an official duty to per- form, it is easily understood that he should take the greatest possible care, because he is then called upon by the law to enlighten justice. In a word, it is both the duty and the interest of the bar to prove by its zeal and the maturity of its deliberations that it is still worthy of retain- ing the most noble of its attributes, and to constitute itself, according to the expression of Laroche-Flavin, the first Judge of all judicial contes- tations. (A) XXXVII. The drawing up and publication of any note or memorandum by an advocate is subject to certain other particular rules. In order to keep up the forms of judicial discussion, he must not speak in his own name. He may not sign or cause to be printed any such note or memorandum before action. Although as a general rule, he is not responsible for such as are not signed by him, the council of the order will endeavour to find out if he really be the author of them, if they violate any of their rules. If an advocate distributes them personally, he thereby appropri- ates them to himself. xxxviii. In civil matters, if a cause appears to be bad or unjust, an advocate will decline it without hesitation, even though he would have a,dvised thereon, or accepted it under error ; for he would be sure to support it badly, and be compromising his oath. Above all, he should be cautious in this respect on commencing his career ! If he has been appointed ex officio, he will confine himself to the simple statement of his case with *all necessary care, but also without seeking to elevate or depre- r^ono"! ciate it in the eyes of the court ; nothing beyond this will be L J expected of him. In a case where the point is doubtful, an advocate is free to accept; opinions are so conflicting, that the case may be gained at last ; but where his doubt arises as to the morality of the case, he should always refuse, otherwise his own may be suspected. xxxix. In criminal matters, the principle is different. He does not betray his oath by consenting to defend a client, although the culpability be quite clear to him. In fact, common humanity requires that every accused party should be defended, and the attenuation of punishment is (h) Book ili. chap. 4 : Exercent regnum judiciaU. 160 JONES ON THE FRENCH BAR. a legitimate object. The duty of the advocate is to lay open and expose all the possible doubt of the case, or to seek the indulgence of the court in favour of his client, with all the respect which is due to the facts and the witnesses. This rule, however, is scarcely applicable to the bar of Paris, where the large number of advocates gives them the greater opportunity of refusing any cause which may be repugnant to them. XL. In all civil or criminal matters where a party is permitted to plead his own cause, an advocate can without compromising the dignity of his profession, accept a part of the defence only, as for instance, the point of law or the reply. XLI. In a case where both parties are his clients, an advocate will do well to abstain altogether, as he cannot act for the one without offending the other. If he has pleaded or advised for a party, it is evident he can neither plead or advise for the other side in the same cause,('t) or even in a cause in any way connected therewith, although his client may have r*9fl^1 *^^^'' ^™ without the payment of his fees. His client has L J revealed to him the secret of his case, or at least might pretend so, and this doubt would damage the reputation of council. An advo- cate is bound towards the first party who may have consulted him. XLn. Whenever there is a means of conciliation possible, the advocate should avail himself of it. This honourable proceeding has its chances; it may happen that if the attempt do not succeed, a captions' client, attributing his endeavours to a doubt as to the success of the cause, may withdraw his confidence from him ; but he must not be deterred by the fear of any such injustice, which is exceedingly rare, but above all, obey the dictates of his conscience. He should effect the arrangement by honest means, and never force it by threats of defamation against his adversary. (^) XLIII. The ancients recommended patience as a necessary quality in an advo- cate. And, indeed, why should not a person who sees his fortune or his honour in peril, have a right to be heard in detail, so that nothing may be forgotten in the instructions ? "There is not so much inconveni- ence in listening to sujperfluous matter, as to be ignorant of such things as are necessary." {I) In criminal matters it is a rigorous duty. XLIV. A suitor who is suffering from the delays of justice may require zeal (i) This was considered a prevarication by the Roman law. {k] Resolution of the 6th of April, 1820. {I) Quintilian, book xii. chap. 8. ADVOCATE'S DUTIES, ETC. 161 and diligence on the part of his council, though with suitableness, and measure; but countenancing unreasonable impatience, counselling harsh proceedings, disregarding the rules of professional etiquette, harassing the judges in court with stubborn observations, are all of them means, unworthy of the profession. *XLv. [*204] Let not the advocate receive too implicity, and without proper verifica- tion, the facts and notes which are transmitted him ; personal interest or passion, which blind men, may modify their exactitude. If the facts of the case appear obscure, he should not oppose the appearance of the two adverse parties in court ; it is often the best means of clearing up the matter. XLVI. He should never flatter his client with the hope of gaining his cause ; for in case of a contrary solution, he is exposed to well-deserved re- proach. It may be remarked that the greatest and most experienced members of the bar are always exceedingly reserved in this particular. XLVII. It is at least imprudent on the part of any advocate, to support a course of argument which he has combated in another cause ; he runs the risk of being accused of contradiction, if not of nnsound judg- ment. XLVin. It is not suitable for an advocate to go to his clients, whatever be their social position, unless they are personal friends, or their age or health prevents their coming to him ; it is in his own study that he should confer with them, or their representatives.(OT) XLIX. An advocate compromises both his character and his independence by making any advance -of moneys for the carrying on a cause, by receiving from his client any deposit of money, or by becoming security for him ; he gives reason to believe that the service has been rendered to obtain business. If *the client be poor, the advance may become an r#9nc-| act of charity ; but the disinterestedness of the advocate must L .1 not only appear, but in reality be, absolute ; he must commit himself to the good faith of his obligee without mistrust, without the retinue of receipts, accounts or other precautions which render the intention of the benefactor suspicious, and are repugnant to the delicacy of the profes- sion.(m) (m) Resolutions of the 18tli of November, 1820, and of the lOtb of July, 1823. (n) Besolution of the 3rd of May, 1842. June, 1856.— II 162 JONES ON THE FRENCH BAR. Calling on such persons as notaries, attorneys, or other business-agents, or at public or private establishments or offices, would amount to the accepting a sort of mandate or proxy from the party.(o) The only ease which can be excepted is, where the advocate thinks it necessary that he should inspect, at the office of a notary, the minutes of an act, the mate- rial state of which forms the subject in dispute, or where a copy would cost his client too much money or too much time. He may also assist his client at a notary's office and sign a deed, as for instance, in the case of a transaction which is important to the questions and interests at stake, provided^ this does not degenerate into a habit. But the toler- ance of the rule does not go any further,(p) because it is an immemorial usage, that all business-meetings with notaries and attorneys must take place at the residence of the advocate. This ancient usage has never been disputed, and the young as well as the old members of the bar should keep it up for the interest of their order ; it is founded upon the utter impossibility of an advocate displacing himself, his occupations at court leaving him scarcely time sufficient to see his clients and prepare his causes. LI. It sometimes happens that young advocates receive money from their r*9nfin "l'^"^*^ *° P^y ^^^ costs of the attorney, agrdi, or *usher ; they •- -■ afterwards furnish their clients with a note of disbursements and fees, which in fact amounts to a bill of costs. If they do this from a mistaken zeal, they commit an act which shows the most complete igno- rance of the profession ; if they do so from calculation, it is a kind of a bargain which is contrary to the independence and the delicacy of an advocate.(g) When, however, the client is a prisoner, usage authorizes the advocate to render him the service of causing a civil party or wit- nesses to be summoned. Lir. In civil matters, the advocate, not being the dominus litis, is not com- petent to take any conclusions in the name of the suitor, or to ask the court to take note of those of the adversary j this right belongs to the attorney alone, because he is responsible for the procedure. But the advocate is sovereign judge of the means of defence to be employed, and of the order in which they shall be given in his pleading or in his notes ; the interest of the client and the independence of his ministry alike com- mand it of him. In criminal matters, on the contrary, where the office of an attorney is not indispensable, the advocate is master both, of the direction of the case and the means of defence ; he decides whether his client shall bring' (o) See supra, rule xxi. (p) Resolution of the 20th of December, 1827. (j) Resolution of the 2l3t of June, 1837. ADVOCATE'S DUTIES, ETC. 163 a civil action, or simply confine himself to his complaint.* He advises as to the necessary witnesses ; appreciates the importance of all documents as well as the time for producing them ; he takes exceptions, and in this case has the right of presenting conclusions in writing. It is his duty in all cases, before staying the proceedings or the defence, first to inform his client or the attorney, and afterwards to withdraw himself, if his advice be not acted upon.(r) Lni. If he be ill or otherwise prevented from proceeding with a case, he may get his place supplied by a brother advocate, *provided his r^nn) If they take it off on concluding, it is simply because the reading of the conclusions was formerly the duty of the attorneys, who were always obliged to remain uncovered in court. The presidents of Courts of Appeal always render homage to the privilege of *the advocate after the conclusions have been taken, by saying, p^onfiT " Couvrez vous, Maitre, . . . ." L J Again, counsel always uncover themselves while reading any documents during their pleading, and for the same reason, that formerly they were read by the attorneys. But they have always read from time immemorial, and still do read, without uncovering themselves, all authorities, decisions, and texts of law, the doctrinal application of which is necessary to their cause; and this privilege exclusively belongs to them.(2) (m) Article 12, of the decree of the 2nd of July, 1812. (n) The Court of Cassation dismissed their appeal against this decision the 6th of August, 1844. (0) Advocates used also to wear gloves when pleading at a solemn sitting ; but this usage being only a useless fo.ripiality, they have discontinued it for som8 time. {p) They used to remain covered, even when pleading before the kings of France. (q) Art. 12, of the Decree of the 2nd of July, 1812. 176 JONES ON THE FRENCH BAR. xom. A much more essential right possessed by the advocates, is that of not being interrupted by the president while pleading.(r) And indeed they are the best judges of the means to be employed in their own cause, which they have conscientiously studied ; and the rule is, that the defence is free, even in civil causes. So long as they keep clear of all unlawful means and unreasonable incoherences, no interruption is permitted, for •at the same time that it may be hurtful to their feelings, it is prejudioal to the right of defence, and to the interest of the parties. The judge who gives way to an involuntary expression of impatience will perfectly comprehend a protest made with respect, and even with energy, if neces- sary, because the desire of rendering proper justice to every body should preoccupy him above all things. xoiv. The refusal of the reply may be still more serious than an interruption, because the reply is very often the indispensable complement of the defence. There exists no right to reply except before the Courts of Assize and the correctional tribunals ;(s) but it is the duty of the advo- cate to ask for it in civil matters. If the zeal of the judges should r*997T i"^'^"^ them on *the one hand to expedite business as much as L -I possible, on the other, their conscience binds them never to dis- pose of any cause without a proper and thorough knowledge of it in all its bearings. The tribunal never refuses the reply, and the court now for the most part grants it.(<) xcv. It has happened not unfrequently, that complaints have been made by the presidents and advocates-general, of certain advocates who have pleaded at a Court of Assize ; on the other hand, the advocates have sometimes made complaints of certain magistrates, and yet there are fixed and positive rules for each of these classes.('M) The president has the exclusive direction of the debate, and art. 311, of the Code of Criminal Instruction declares, first, " That he shall warn the council for the defence that he must not say anything against his conscience, or against the respect which is due to the law, and that he must express himself with decency and moderation." Art. 335, adds, " That the advocate shall speak the last." He exercises besides, all the rights which the law gives to the accused party, and which are enumerated with great care (Art. 310, and following.) He may with measure and prudence, cross-examine the witnesses, explain their answers, discuss the incidents {r) M. Dupin, aSuS, has written on this subject. See his work, " Profession j'ATOcat," p. 251. (s) Arts. 190 and 335 of the Code of Criminal Instruction. \t) The Court of Cassation gives the example. Although the law which insti- tuted this court says, that the pleading shall be merely in the form of simple ob- servations, still the judges will give every latitude to the defence. (m) See also on this subject, La Libre Defense des* Accuses, by M. Dupin, atnS. ADVOCATE'S DUTIES, ETC. 177 and the position of the questions. So long as he conforms to the require- ments of the law in his pleading and observations, he is irreproachable, and must be listened to with religious attention ; the criminal law, more precise in this respect than the civil, strictly forbids any kind of inter- ruption (Art. 328.) But if an advocate plead false doctrines, the public ministry has a right to require the interference of the court against him, and in that case the court will pronounce itself. If in these matters the ministry of the advocate has need of all latitude, it does not r-^nnc,-, ^justify dangerous digressions, although the advocate may have ^ J been appointed ex officio, and although his earnestness and youth may claim some indulgence. But having the exclusive direction of the debate, it is easy for the president to conciliate everything. It may not, however, be improper to observe that a d^but before a Court of Assize, even in an ex officio capacity, is not quite so 'simple a thing as it might be imagined. If the advocate has not any questions of law to treat, he is often called upon to discuss matters of fact as well as complicated evidence. It is "not the day after his probation has been completed, that he can posses s the necessary aptitude ; he must have frequented court for a considerable time before he can expect to be thoroughly competent. It is not at the trial alone that he can learn his cause, but from the different documents which may be placed in his hands, and from a careful examination and study of the indictment. The jury whom it is his duty to convince, and the court which listens to him, will not be satisfied with vain, insignificant words, which, whether well or ill-delivered, compromise the defence and discredit the advocate also. xovi. If any document be impugned as a forgery at the time the advocate is making use of it, and the public ministry requires it to be detained as such, the advocate perhaps would not be justified in refusing to deliver it VLTpfM because the secret of the client has been revealed by its pro- duction ; otherwise, where he has not made use of it, he may keep it, and must refer to the council of the order, who will advise on the matter.(w) The requiring a deposit of a document which has not been produced, would be a violation of the secretary which is imposed on the advocate by law ; and for the same reason he is not obliged to proclaim or publish its existence. *xcvn. • [*229] The public ministry has the power of making search in the study of an advocate for any papers or documents which may be necessary for the instruction of a criminal proceeding, but only when the advocate himself is incriminated as an accomplice : here, the quality of the advo- cate disappears, and with it the obligation of secrecy. The magistrate, (v) Art. 452 of the Code of OrimiDal Instruction. (w) Resolutions of the 6th of May, 1816, and of the 11th of June, 1833. June, 1856 12 178 JONES ON THE FRENCH BAR. however, will, in the execution of his duty, make use of all due regard towards him which may be compatible with the severity of the law.(a;) XCVIII. While the public ministry is speaking the advocate is not permitted to interrupt him. In civil matters, he has no right to speak after the conclusions of the public ministry, unless it be to establish a fact, or to produce a docu- ment which has been omitted, and then he must obtain the permission of the tribunal. But where the public ministry makes himself the ac(vocate of the state, it is different, because the right of defence must be equal on both sides. If he be for the plaintiff, he shall speak first ; if he be for the defendant, the advocate for the private party shall have the reply ; in fact, the cause is carried on as between ordinary parties.(y) xcix. Counsel must not talk aloud while the judges are deliberating; pos- thumous discussions, which often degenerate into wrangling, would trouble the deliberation, and are indecent. When the president pronounces judgment or makes the order, counsel stand up, uncovered ; they must not interrupt him under any pretext whatever. After delivery of the judgment they may submit any short _ „„._ observations, as to *what they consider should be added to, or L J modified in the sentence. Any protest against it on the part of an advocate, more especially in criminal matter, would be a flagrant violation of his duty and his oath. (a) The last link of the chain which inseparably unites the bench and the bar, is the special protection which the former owes the latter while in the exercise of their calling in court. The advocate indeed does not en- joy and cannot cover the cause which is entrusted to him with his inde- pendence, unless the judges themselves make use of their authority to cause his person to be respected. The difficult part to perform is that of the advocate, since it is he who fearlessly denounces, who openly and boldly attacks by word of mouth, abuse, fraud, and crime. If he be as- sailed by blows or insolence, the intervention of the judges becomes ne- cessary, and they have the power and it is their duty, to grant him proper and ample reparation, by punishing the offence committed on his person in the very face of justice. The history of the bar furnishes some remarkable examples in this respect. (x) Eesolutions of the Council of the 24th of June, 1824, and , 1840. . (y) We may cite, for instance, the affair of the Count des Graviers v. Louis XVIII., tried under the restoration. (z) Resolutions of the 17th of January, 1822, 1833, and of the 18th of December, 1849, wherein the motives are particularly given. CONCLUSION. CI. It is by a complete system of reciprocity of kind proceedings and mu- tual assistance, that the bench and the bar, whose existence is at it were identical, keep up that good and excellent understanding between each other which contributes to the honour of both, as well as to the good ad- ministration of public justice.(a) *CONCLUSION. [*231] Such are the rules laid down for the guidance and the conduct of all the members of the French bar; they need no comment, no recommen- dation ; their excellence, their suitableness, and their propriety are tests of the high order of mind which is to be found in the presiding authori- ties on the one hand, and in the members of a profession who, on the other, follow them with a scrupulous punctuality, who in fact make them their professional religion. We have confined ourselves to the consideration of the principles which should especially govern the conduct of the advocate in the exercise of his ministry, and for whom morality is the first and essential condition of success. If learning, eloquence, and facility of speaking, promise him eclat and renown, he can only acquire another advantage, of far greater price and value, namely, public esteem and consideration, by the noble- ness of his sentiments and the virtues of his profession. Doubtless the young advocates imbibe sentiments of honour from their education and studies J but it is necessary to show them how to acquire the virtues of their profession in practising it ; it is important to point out to them the precautions they should take to keep themselves constantly within the exact line of their duties; and, above all, they should know, that the morality of an advocaite is never perfect unless it be apparent in all his acts, and can set at defiance even the shadow of a doubt. The infraction of any one of the rules laid down in the four preceding chapters, would be sure to bring down on the advocate at fault, one of the degrees of repression mentioned in our remarks on the disciplinary power of the council, (fi) for those rules are all morally binding on him. It is not merely with a view to avoid disciplinary punishment that an advocate should make himself acquainted with *these rules and r^noo-i meditate on them, but also that he may follow them with punotu- L J ality in the difficult exercise of his profession, and conform his thoughts, words, actions, his whole life to them, so that he may become the excel- lent advocate whom the Koman orator glorifies by this simple definition : " Vir bonus dicendique jperitus." (a) Resolutions of the 14th of November, 1822, and of the 21st of November, 1834. (6) See supra, p. 172. APPENDIX. 20th of November, 1822. The Ordinance of the King containing the Regulations on the Exercise of the Profession of the Advocate and the Discipline of the Bar, Louis, &o. Having resolved to take into consideration the numerous complaints which have been made by the different bars of the kingdom against the provisions of the decree of the 14th of December, 1810, and being desirous of restoring to the advocates practising at our tribunals the plenitude of the right of discipline which, under the kings our prede- cessors, elevated to so high a degree the honour of the profession, and perpetuated in its body the invariable tradition of its prerogatives and its Duties; Being also desirous of attaching to the jurisdiction which the order should exercise over each of its members an authority and a confidence founded on the deference and respect which the experience of the senior advocates gives them a right to expect from those who have entered upou their professional career at a more recent period ; On the report of our keeper of the seals, minister secretary of state at the department of Justice, We have ordered, and we order as follows : — TITLE I. THE TABLE. Article 1. The advocates inscribed on the table prepared in pursuance of the 29th article of the law of the 13th of March, 1804 (22nd Ven- tose, year XII.,) shall be divided into columns or sections. *2. Seven columns shall be formed if the table contains one r^oQin hundred advocates or a greater number; four, if it contains less ^ -• than fifty, and more than thirty-five ; and two only, if it contains less than thirty-five and more than twenty. 182 JONES ON THE FRENCH BAK. 3. The division mentioned in the preceding articles shall be made by the ex-presidents and the council of discipline actually on service, assembled on the convocation of our attorneys-general for the advocates practising in the royal (Appeal) Courts, and by our attorneys (Koyal) at the tribunals of first instance, for the advocates practising in such tribunals. 4. This division shall be renewed every three years, if it be so ordered by our royal courts, on the requisition of our attorneys-general, and on the demand of the council of discipline. 5. Nobody can be inscribed on the table of advocates of a court or tribunal, unless he really practises at such court or tribunal. 6. The table shall be reprinted at the commencement of every judicial year, and deposited vpith the registrar of the court or tribunal to which the advocates inscribed are attached. TITLE II. THE COUNCIL Or DISCIPLINE. 7. The council of discipline shall be composed : first, of those advo- cates who have already exercised the functions of president; secondly, of the two senior advocates of each column, following the order of the table ; thirdly, of a secretary chosen indistinctly among such members of the table as shall be of the full age of thirty, and of at least ten years' standing. 8. The president and secretary shall be appointed by the council of discipline by an absolute majority of votes. These nominations shall be renewed at the commencement of every judicial year, on the convoca- tion of our attorneys at our courts and tribunals. 9. The president is the head of the order, and presides over the coun- cil of discipline. 10. When the number of advocates inscribed on the table shall not amount to twenty, the functions of the council of discipline shall be exercised in the following manner : — In the case of advocates practising r*nqc-| ^^ ^ royal court, by the tribunal of first *instance of the town L J or city in which the court is situate ; in other cases, by the tri- bunal to which the advocates inscribed on the table are attached. 11. The tribunals which shall be charged in pursuance of the preced- ing article with the attributes of the council of discipline, shall every year, on their opening after vacation, appoint a president, who shall be chosen among the advocates forming the first two-thirds of the table, following the order of their inscription. 12. The attributes of the council of discipline consist : first, in pro- nouncing on the diflSculties relative to the inscription on the table of the order ; secondly, in exercising the surveillance which the honour and the interests of the order render necessary ; thirdly, in the applica- tion, when there is need, of the measures of discipline authorized by the regulations. 13. The council of discipline decides on the admission to probation APPENDIX. 183 of those licentiates-in-law who have taken the oath of advocate in our royal courts ; on the inscription on the table of the probationers after the expiration of their term; and on the rank of those who, having already been inscribed on the table, and having abandoned the practice of their profession, should present themselves again to practise. 14. The councils of discipline are charged with the mantaining of sen- timents of fidelity to the monarchy and constitutional institutions, and the principles of moderation, disinterestedness, and probity on which the honour of the order of advocates reposes. They also watch over the morals and conduct of the probationers. 15. The councils of discipline repress ex officio, or on any complaint which may be addressed to them, all infractions and faults committed by the advocates inscribed on the table. 16. Nothing contained in the preceding dispositions is to be construed as taking away the right possessed by the tribunals of repressing any offences committed in court by the advocates. 17. The exercise of the right of discipline is no obstacle to any pro- ceedings which the public ministry or the civil parties may think proper to institute before any tribunals for the punishment of any act or acts which may constitute a legal offence or a crime. 18. The disciplinary punishments are : — The warning. , *The reprimand. r*2^fin Temporary interdiction. L -I Erasure from the table. Temporary interdiction must not exceed the term of one year. 19. No disciplinary punishment can be pronounced, unless the advo- cate inculpated has been heard or called upon, with eight days' notice. 20. In those places where the functions of the council of discipline are exercised by the tribunal, no punishment can be pronounced until the written opinion of the president has been obtained. 21. Every decision of the council awarding temporary interdiction or erasure, shall be transmitted within three days to the attorney-general who shall ensure, and see to its due execution. 22. The attorney-general may, if he thinks proper, require a copy of the decisions aiwarding a reprimand or warning to be forwarded to him. 23. He may also demand a copy of every decision by which the coun- cil of discipline shall have pronounced the absolution of the advocate inculpated. 24. In the case of a temporary interdiction or erasure, the advocate condemned may appeal to the court of the jurisdiction. 25. The right of appeal from the decisions of the councils of disci- pline in the cases mentioned by article 15, likewise belongs to our attor- neys-general. 26. The appeal, whether it be on the part of the attorney-general or of the advocate condemned, will not be receivable, unless it be made within ten days from the day on which the communication was made to them by the president. X84 JONES ON THE FRENCH BAR. 27. The courts shall decide on the appeal in general assembly and in the chamber of council, as is provided by article 52, of the law of the 20th of April 1810, for the measures of discipline with respect to the members of the courts and tribunals. 28. When the appeal is instituted by the advocate, the court may, if it thinks proper, pronounce a more severe penalty although the attorney- general may not himself have appealed, 29. The advocate who shall have incurred the punishment of repri- mand or interdiction shall be inscribed at the bottom of the column to which he belongs. [•237] *TITLE III. THE PROBATION. 30. The duration of probation shall be three years. 31. Probation may be undergone at different courts, but it must not be interrupted for a longer period than three months. 32. The councils of discipline may, according to circumstances, pro- long the probation. 33. The probationary advocates shall not form part of the table : they shall nevertheless be divided and inscribed at the end of each of the columns, according to th9 date of their admission. 34. The probationers can neither plead or write in any cause, unless they obtain from the two members of the council of discipline belonging to their column a certificate showing their assiduity at the sittings of the court during two years. This certificate must be visd'd by the council of discipline. 35. In those places where the number of advocates inscribed on the table shall be inferior to twenty, the certificate of assiduity shall be de- livered by the president of the tribunal and our attorney. 36. The certificate mentioned by Ai;ticle 34, will be dispensed with in favour of such probationers as may tave attained their twenty-second year. 37. Attorneys, who, being licentiates-in-law, and having retired from that profession, shall present themselves for admission into the order of advocates, shall be subjected to probation. TITLE IV. GENERAL DISPOSITIONS. 38. Licentiates-in-law are received as advocates by our royal courts. They take an oath in the following terms : " I swear I will be faithful to the king and obedient to the constitutional charter ; that I will not say or publish anything as defender or counsel, which is contrary to law, the regulations, good faith, the safety of the state, or to the piublic r«o9QT peace, and that I will *never swerve from the respect which is L -I due to the tribunals, and the public authorities." 39. The advocates inscribed on the table of our royal courts can alone APPENDIX. 185 plead therein. They cannot plead out of the jurisdiction of the court to ■which they belong, unless they have obtained, on the advice of the council of discipline, the consent of the first president of their court and the authorization of our keeper of the seals, minister secretary of state at the department of justice. 40. Those advocates who are attached to a tribunal of first instance can only plead in the Court of Assize and in the other tribunals of the same department. 41. An advocate who is appointed ex officio to defend a prisoner can- not refuse his ministry, but must have his motives of excuse approved of by the Court of Assize, which, in the case of any resistance, will pronounce one of the degrees of punishment mentioned in Article 18, as above. 42. The profession of an advocate is incompatible with all functions of the judicial order, with the exception of supplementary judge ; with the functions of prefect, sub-prefect, and secretary-general of prefec- ture; with those of a registrar, notary, or attorney; with every kind of employment to which a salary is attached, and with every species of business. All persons exercising the calling of Agent d' Affaires are excluded. 43. Any attack of which an advocate may be guilty, whether in his pleading or his writings, against religion, the principles of the monarchy, the charter, the laws of the kingdom, or the established authorities, shall, on the conclusions of the public ministry, be immediately repressed by the tribunal which has cognizance of the affair, which shall award one of the degrees of punishment mentioned in Article 18, without prejudice to any other and extraordinary proceedings, if need be. . 44. We enjoin our courts to conform themselves strictly to the 9th Article of the Law of the 20th of April, 1810, and consequently to re- port every year to our keeper of the seals, minister of justice, those ad- vocates who have been specially remarked for their learning, their talent, and, above all, for the delicacy and the disinterestedness which should characterize the profession. 45. The decree of the 14th of December, 1810, is repealed. The usages observed at the bar, relative to the rights and duties of the advo- cates, are maintained. *TITLE V. [*239] TRANSITORY DISPOSITIONS. 46. Those councils of discipline, the nominations of which shall have been made anterior to the publication of this ordinance, according to the forms established by the decree of the 14th of December, 1810, shall be maintained until th.e period fixed by that decree for the renewal. 47. The councils of discipline, mentioned in the preceding article, will conform themselves in the exercise of their attributes to the dispositions of the present ordinance. 48. Our keeper of the seals, minister secretary of state at the depart- ment of justice, is charged with the execution of the present ordinance. 186 JONES ON THE FRENCH BAR. 27th or August, 1830. Ordinance of the King, containing certain Regulations concerning the Practice of the Profession of Advocate. Louis Philippe, &c. On the report of our keeper of the seals, minister secretary of state at the department of justice ; Having seen the law of the 22nd of Ventose, year XII., the decree of the 14th of December, 1810, and the ordinance of the 20th of No- vember, ] 822 ; Considering that just and numerous complaints have for a long time been raised against the reglementary provisions which govern the prac- tice of the profession of advocate ; That a definitive organization necessarily requires some time ; That nevertheless it is important at once to put an end to those abuses which are the most serious and most universally felt, by some provisional dispositions ; Taking also into consideration the express desire of a great number r*94.m °^ ^^^^ ^° France in this respect, L J *We have ordered and we order as follows : — Article 1. From the day of the date of the' publication of the present ordinance, the councils of discipline shall be elected in a direct manner by the assembly of the order composed of all the advocates inscribed on the table. The election shall take place by ballot and the relative ma- jority of the members present. 2. The councils of discipline shall be provisionally composed of five members in those places where the number of advocates inscribed shall be inferior to thirty, comprehending those wherein the functions of the said councils have up to the present time been exercised by the tribu- nals. Of seven, where the number of inscribed advocates is from thirty to fifty ; of nine, where the number is from fifty to one hundred ; of fifteen, where the number is one hundred and above ; and of twenty-one for Paris. 3. The president of the order shall be elected by the same assembly, but by a separate ballot and the absolute majority, before the election of the council of discipline. 4. From the same date, every advocate inscribed on the table shall be able to plead before all the royal courts and all the tribunals in the kingdom, without having need of any authorization except as provided by Article 295, of the code of criminal instruction. 5. The definitive revision of the laws and regulations concerning the exercise of the profession of advocate shall be effected with the shortest possible delay. Our keeper of the seals, minister secretary of state at the department of justice, is charged with the execution of the present ordinance. APPENDIX. 187 26xH OF April, 1824. Regulations concerning the Library of the Advocates. Article 1. The library of the advocates is not public; the advocates inscribed on the table, those on probation, and such of the judges as think proper, are alone admitted. 2. It is open every day during the judical year, from half-past nine in the morning until half-past three, with the exception, *how- r^n^i -i ever, of Sundays, holidays, and those days on which there are L J no sittings of the courts. During the two months of vacation, it is open Wednesdays, Thursdays, Fridays, and Saturdays, from ten until two o'clock. 3. No talking is allowed, nor may anything be done which might dis- turb those who are reading. 4. Those who may desire the use of any books, must not take them themselves from the cupboards or shelves ; they must ask the librarian for them, and return them to him after they have made use of them. 5. The librarian, being responsible, must take care that the books are not written on, blotted, or torn : he is authorized to withdraw them from any person infringing this article. 6. The librarian is only to give out two volumes at a time. 7. No more books are given out within the half hour preceeding the closing of the library. 8. Every person on leaving the library must hand over to the libra- rian such books as may have been given out to him. 9. No books are allowed to be taken out of the library at any time Qr under any pretext, even for using in court, without the permission of the conservator, and giving a written acknowledgment. 10. No advocate can enter the library if he be not in his robes or at least in a black coat ; the librarian is to refuse entrance to those who should be otherwise clad. 11. On conference days it is closed half an hour previously to the com- mencement of the conference, and on council days it is closed (as to part of it only) at two o'clock. 12. The librarian alone shall have the keys of the cases which contain the books, and no one else shall make use of them. ' 13. The librarian shall take note of all violations of the present regu- lations, and shall make his report thereof to the council, which shall decide thereon as it may think fit. 14. A double catalogue or inventory shall immediately be made of all the books and manuscripts at present in the library, which catalogue or inventory shall be approved of and signed as well, by the president of the order as by the librarian. 15. At the end of one of these double catalogues or inventories, the librarian shall engage himself to take charge of the volumes and manu- scripts therein contained, which duplicate shall be deposited *in r*242l the archives of the order, so that recourse may be had to it if L J necessary. 188 JONES ON THE FRENCH BAB. 16. At the end of each judicial year, and within the first days of the month of September, a verification of the contents of the above catalogue shall be made, and the librarian shall be responsible for all such books as may be missing after such verification. 17. The librarian shall keep an account of all books and manuscripts which shall be purchased for or given to the library during the year ; and at the end of the said year he shall inscribe the addition of the said books on the two duplicates of the catalogue, which addition shall be signed as well by the president of the order as by the librarian, and of which the latter shall take charge in manner above mentioned'. Done and decided in council this 26th day of April, 1824, on the report of M. Caillau, one of the conservators of the library.(a) 16th op April, 1839. Resolution of the Council of the Order of Advocates in Paris, Considering that the permission at present accorded to advocates of taking away books from the library, whether to their own houses or to court, is productive of great abuse ; That in consequence thereof, several very important works have been rendered incomplete, that others have been intentionally torn, that espe- cially in text-books and in certain collections of decisions, several leaves have been torn out ; Considering, likewise, that the removal of books for the accommoda- tion of a few advocates prevents the greater number from being able to consult them when requisite ; Considering that it is important for the interest of all to do away with the abuse ; The council resolves : — Article 1. The librarian is forbidden to allow any books belonging to the library to be taken away under any pretext whatever. r*9i.V\ *2. The conservator has the right to grant permissions. Never- L J theless these permissions can only be given for books of ancient law and books of literature and science. In no case can they be avail- able for a longer period than one week, after which the books must be returned. 3. The librarian is charged with the execution of the present resolu- tion. In case of the infringement of any of its provisions, he must make his report thereof to the conservator, who then will make his report to the council, which will decide thereon as may be necessary. 4. All books at present lent out must be returned to the library within a fortnight at latest from the date of the publication of the present reso- lution, at the expiration of which fortnight the conservator will make his report to the council on the state of the library. (a) Arts. 2 and 10 have been modified. See supra, p. 138. appendix. 189 6th op may, 1851. Resolution of the Council of the Order relative to the Establishment of Columns for the Probationary Advocates. The council resolves : — Having seen Articles 14 and 15, of the Ordinance of the 20th of November, 1822; Article 1. The probationary advocates shall be divided into columns. 2. The division shall be made in equal numbers in each column, in the presence of the president of the order, assisted by two members of the council and the secretary. 3. The names thus divided shall be drawn for, and shall be inscribed in each column in alphabetical order. 4. On every fresh admission to probation, the name shall be alter- nately placed on one of the ten columns ; the number of each column shall be indicated on the margin of the papers of the probationer at the time of his admission to probation. 5. Each column shall be presided over by two members of the council, who shall be drawn for ; but there must not be more than *one r^^n^ ^ -i ex-president in each column. It must be called together at least L -• twice every year by the heads of the column, at the times appointed by the president of the order, and in the building of the library. 6. The day and hour of the meeting shall be notified by letters ad- dressed to the probationers with at least fifteen days' notice ; their names shall be inscribed upon a register of presence, and when they apply for their admission to the table, their absence or presence shall be taken into consideration. 7. The heads of the columns will give such explanations as they may think proper, on the usages, the rules, the duties, and the rights of the profession. 8. Each column shall have for secretary, one of the twelve secretaries of the conference ; they shall be charged with taking note of those pre- sent, and with the drawing up a summary minute of the sittings. GENERAL INDEX. The pages referred to are those between brackets [ ]. A. Abbreviation of probation, 158. Absence, leave of, 157. Absolute incompatibility, 145. Academic council, 52, Academies, division of University into, 47. Academy, inspectors of, 57. Accounts, the Court of, 28. Accusations, chamber of, 20, 23. Adjournment of probation, 151. Administrative attributes of council, 142. Administrative law, 63, 83, 87, 96. organization of the University, 49. Admission to probation, 147. to the table, 161. Advocate, the, 131. first mention of the profession of, 112. admission of, to probation, 147. to the table, 161. Advocates, ancient committee of the, 122. conference of the, 153. council of the order of the, 133. duties of the, 181. general,'42. substitutes of, 42. inscribed, 177. order of the, 132. probationary, 180. rights of the, 177. table of the, 116, 119, 122, 127, 161. of the Council of State and Court of Cassation, 27. Agree at the tribunal of commerce, 15. Ancient committee of the advocates, 122. Ancient French bar. 111. Ancient roll, 114. Annual prizes in the faculties of law, 103. Appeal, the Courts of, 18. of the public ministry in matters of discipline of the bar, 175. Arbitration, 193. Arrest, the law of, 16, note. Assembly of the faculty or professors, 57, 93. Assiduity of probationers, 154, 157, 158. Assize, Court of, 21. Attorney, the, 9, general, 41. imperial, 42. power of, 123, 179, n. (r), 192, 207. Attributes, administrative, of council, 142. judicial, of council, 170. of Council of PrucChommes, 39. of judges of peace, 4./ maintenance of professional, 169. Auditor, at the council of State, 31. qualific^ition for, 32. B. Bachelor es-Lettres, 74. es-Sciences, 74. in Law, 80. • first examination of, 80. second, id. 81. diploma of, 82. Bankruptcy, 14, 210. Bar, ancient. 111. modern, 130. Barrister English, difference with French advocate, 198, n. [a). Bdtonnier of the order, 119, 121, 135, 215. Bench, the, 125. representations to, 168. Bills of exchange, &c., protest of, 11, 12. Breach of the duties of the profession, 160. 192 INDEX. C. Calendar, tlie republican, 2, note. Capitularies of Charlemagne, 112. Cassation, the Court of, 24. Ceremonies, public, invitation of the order of advocates to, 133. Certificate of capacity, 10, 65. Chamber of accusations, 20, 23. of High Court, 35,37. of council of Court of Accounts, 30. tribunal of first instance, 7. of requests, 26. Civil code, or Code Napoleon, 63, 80, 81, 82, 83, 88, 96, 98. Civil tribunal, 6. Classes, the, 74. Clients, duties of the advocate towards his, 198. Columns, 122. the, 156. secretaries of the, 138, 244. Commerce, tribunal of, 13. guards of, 16. Commercial law, 83, 87, 96. Commissary of police, 44, 145. Committee, the ancient, of advocates, 122. Communication of documents between counsel, 216. ^ Composition of the council of the order of advocates, 134. Composition, the, or written test, 85. Conditions, particular, for admission to probation, 149. for inscription on the table, 162. Conference of the advocates, 153. Conference, secretaries of the, 138, 153. Conservator of the library, 138. Constitution, the actual, of the profes- sion of advocate, 130. Constitution, the French, xv. Constitutional law, 96, 98, n. (o). Consultations, gratuitous, 154. Consulting advocates, 1J6, 132. Contraventions, 5, 8, 23. Costume of advocate, 116, n. (A), 117, 126, 127, 169, u. (u), 224. Council, academic, 52. of the order of advocates, 133. of discipline, 133. general of the departments, 36, 37, 38. of prud^hommes, 39. of State, xvii., xxv., 30. superior of public instruction, 50. chamber of first instance, 7. of Court of Appeal, 20, 23. of Court of Accounts, 30. Councillors of state, ordinary, 31. extraordinary, 31. Counsellors, or consulting advocates, 116, 132. of the Court of Cassation, 26. of Appeal, 19. Counsellor-masters of Court of Ac- counts, 29. Counsellor-referendaries of Court of Accounts, 29. Court, high, of justice, xix., xxv., 35. of Cassation, 24. of Accounts, 28. of Appeal, 18. of Assize, 21. Court-keepers, 10. Creation of the schools of law, after- wards called faculties, 58. of the university, 46. Crimes, 21. Criminal law, 63, 65, 82-. table of matters of, required on ex- amination by the faculty of Paris, 82, n. (&). D. Dean of the faculty of law, 57. order of advocates, 121, 137. Decisions or resolutions of the councU of the order, 140. Decree, imperial, promulgating the Senatus-Consultum of the 7th of Nov. 1852, xxix. organic, regulating the order of succession to the Throne in the Bonaparte family, xxx. Defences ex-officio, 112, 117, 168. Degrees, 48. bachelor es-LeUres, 74. es-Sciences, 74. in-law, 80. licentiate-in-law, 82. doctor-in-law, 96. Deliberations of the council of the order, 140. Delicacy of the advocate, 129, 223. Departments, councils-general, of, 35, _37, 38. Dignity, of the advocate,. 190, the imperial, xxvii. Diploma of bachelor-in-law, 82. licentiate, 95. doctor, 98. Discipline, the council of, 133. Disciplinary power of the council, 172. punishments of the advocates, 122, 173. Discussion of questions of law, 155. Disinterestedness of the advocate, 129, 187. Division of the university into acade- mies, 47. INDEX. 193 Divers Causes, 159. Duties of tlie advocates, 181. general, 183. of the advocate towards his clients, 198. his brethren, 215. the judges, 222. E. Education legal, system of, in France, 46. Establishment of the faculties, 4:1. Examinations, the, 78. F. Faculties, establishment of the, 47, 58. of law, annual, prizes in, 103. First instance, tribunal of, 6. Formation of the table, 166. France, creation of the university of, 46. division of the university of, into academies, 47. French bar, ancient, 111, French constitution, January 14, 1852, XV. courts of law, their officers and practitioners, 2. Functionaries of the council, 134. G. General duties of the advocates, 183. interests of the order of advocates, 167. observations, 181. Government, the, 153. H. High court of justice, 35. History of the French Bar, ancient and modern. 111. I. Incompatibilities, 142, 143, 145. Inference, the, 152, 160. Inscribed advocates, 177. Instance, first, tribunal of, 6. Interests, general, of the order of advo- cates, 167. particular, of the members, 169. Judges, duties of advocates towards, 222. Judicial attributes of council of order of advocates, 142, 170. June, 1856.— 13 Justice of peace, tribunal of, 2. high court of, 35. L. Law, courts of, their officers and prac- titioners, 2. Laws establishing the imperial dig- nity, xxvii. Leave of absence, 157. Legal education m France, system of, 46. Library of the advocates, regulations concerning, 240. M. Ministry, public, 41. Mode of proceeding of council of order of advocates, 133. Modern French bar, 131. 0. Officers and practitioners of French Courts of Law, 2. Omission from probation or the table, 170. Order of advocates, 132. council of, composition, mode of proceeding, attributes, 133. general interests of, 167. particular interests, members of, 169. resolution of council of, 242, 243. _ Order of succession to the Throne in the Bonaparte family, xxx. Ordinance of the king, of November, 20, 1822, containing the regula- tions on the exercise of the profes- sion of the advocate and the disci- pline of the bar, 233. of the king, August, 27, 1830, con- taining regulations concerning the practice of the profession of advo- cate, 239. Organization, administrative, of ,the university, 49. P. Particular interests of members of order of advocates, 169. Power disciplinary, of council of order of advocates, 172. Practice of the profession of advocate, regulations, 239. Practitioners and officers, French Courts of Law, 2. Preliminaries, 73. President of the council, 134. 194 INBEX. Prizes, annual, in the Faculties of Law, 103. Probation, abbreviation of, 158. adjournment, 151. administrative attributes applicable to, 142. admission to, and its government, 145, U1. continuance of, 150. duration of, 157. inference, 152. omission from, 170. prolongation of, 159. Probationary advocates, 180. Probationers, surveillance of, 153. Profession of advocate, actual consti- tution of, 131. regulations on tie exercise of, 233. Prolongation of probation, 159. Prud bommes, tbe council of, 39. Public ministry, 41. R. Rank, the, 165. Regulations in the exercise of the pro- fession of the advocate and the discipline of the bar, 233. on the practice of the profession ■ of advocate, 239. of April, 26, 1824, concerning the library of the advocates, 240., Resolution of council of order of advo- cates in Paris, April 16, 1839, 242, 243. Rights or attributes of the advocates, 177. and duties of the profession, 177. Rules of the profession, 181. S. Schools of law, afterwards called facul- ties, creation of, 58. Senatus Cbnsulta, establishing the impe- rial dignity, xxvii. consultum, November 7, 1852, modi- fying the constitution, xxvii. November 7, 1852, declared as law, by the imperial decree of December 2, 1852, xxix. December 25, 1852, interpreting and modifying the constitution of January, 14, 1852, xxx. Sittings of council of order of advo- cates, 139. State, council of, 30. Studies, the, 78. Succession to the Throne in the Bona- parte family, xxx. Surveillance of probationers, 153. System of legal education in Prance, 46. T. Table, the, administrative attributes applicable to, 142, 161. formation of, 166. omission from, 170. Throne, order of succession to, in the Bonaparte family, xxx. Tribunal of commerce, 13. first instance, civil tribunal, 6. justice of peace, 2. U. University of France, 46. administrative organization of, 49. division of into academies, 47.