pourvoi is rejected in a judgment giving the reasons therefor, and that finally disposes of the appeal. If it comes to the conclusion that they are well taken, the pourvoi is then submitted by a simple decision, without reviewing the merits, to the Chambre Civile, which is alone authorised to give final judgment. It is apparent, therefore, that judgments by the Chambre Civile have much greater authority and a higher judicial value than those rendered by the Chambre des Requêtes, because, before the Chambre Civile can hear an appeal in a civil case, it must necessarily have been previously heard by the Chambre des Requêtes, in which case the two different chambers of the Cour de Cassation pass upon the appeal. In criminal matters there is only one chamber. Where the Cour de Cassation has reversed a judgment, and on a new trial the Court below still adheres to the first judgment, and another appeal is taken to the Cour de Cassation, the Court in such case sits with its several chambers united as a Grand Court, composed of 34 conseillers. The Cour de Cassation with toutes chambres réunies is the most solemn tribunal in France, and one of the most distinguished to be seen anywhere, and when its judgment is pronounced it is conclusive on the Courts below. When an appeal has succeeded before the Cour de Cassation and a new trial is ordered, the case is sent before a Court other than that which originally heard it; it is never referred to the same Court. The Cour de Cassation, only reviews questions of law, so that many appeals are rejected as they involve only questions of fact, in the determination of which the Cour d'Appel is sovereign. In election cases, or cases involving the right to vote, the law allows a direct appeal from a judgment of a justice of the peace to the Cour de Cassation, without the expense and delay of intermediate appeals. The first President of the Cour de Cassation receives 30,000 francs a year, and the Presidents of the different chambers 25,000 francs. The salary of a counsellor or associate Judge is 18,000 francs a year. There is another feature of the Cour de Cassation quite apart from its strictly judicial character. The Cour de Cassation constitutes the Superior Council of the Magistrature, and when all the chambers are united in solemn conclave it exercises full disciplinary powers over all Judges of all Courts, from the highest to the lowest. Its action, however, can only be invoked by the Keeper of the Seals, and

then its judgment can only be rendered after the magistrate has appeared and been heard, or has been regularly summoned to appear.

One of the most important Courts in France is the Conseil d'Etat or Council of State. It is one of the old and historical tribunaux of France. It might well be termed an administrative Court. It is composed of thirty-two Councillors of State in ordinary service; eighteen Councillors of State in extraordinary service; thirty Masters of Requests (Maitres des Requêtes), and thirty-six Auditors. Councillors of State in ordinary service are elected by the National Assembly, while those in extraordinary service, Masters of Requests, the Vice-President, and the Secretaries, are appointed by the President of the Republic. The Minister of Justice is the presiding officer. The Council of State, besides being an advisory or consultative body in relation to all administrative subjects and decrees, is largely judicial, and finally passes on controversial questions and disputes arising in the administrative departments, or involving the power of jurisdiction of an administrative officer; and it is also the tribunal having exclusive jurisdiction under the law of eminent domain, and in all proceedings relating to the acquiring of private property for public use, in which instance-a remarkable exception in French jurisprudence-a trial by jury is permitted.

For the expedition of business the Council of State is divided into five sections, that is to say:-1. Contests; 2. Legislation, justice and foreign affairs; 3. Interior, worship, public institution, and beaux-arts; 4. Finance, posts and telegraph, war, navy and colonies; 5. Public works, agriculture and commerce.

The Vice-President of the Council of State receives 25,000 francs a year; the Presidents of Sections, 18,000 francs; Councillors, 16,000 francs; Maîtres des Requêtes, 8,000 francs, and Auditors, 2,000 francs. The Council of State in general assembly cannot deliberate unless sixteen members are present. The section of contests is charged with the preparation of the evidence, and report on the disputed matters brought before the Council of State. This report is made to the Council of State in public session, which is composed of the members of the section together with eight Councillors in ordinary service, two being chosen from each of the other sections. A Maître des Requêtes

represents the Ministère Public, and fulfils duties similar to those of the Procureur de la République in other Courts. After the report on the matter in dispute has been read, the avocats of the parties interested are heard orally, and the Master of Requests gives his conclusions.

Only matters wherein an avocat has appeared, or when one of the Councillors of State or Masters of Requests has requested it, are heard before the Assembly Public, a public audience convened as a Council of contests.

It is only when one considers the vast number of administrative offices, the numerous questions of election constantly arising, and the complex matters connected with taxation, the customs, and the octroi, that the importance of the Council of State becomes evident.

Here, for example, are two matters that give an idea of some of the cases that come before the Council of State. An officer in charge of the laboratory of research, connected with l'aérostation militaire, resigned. Some two years later he was confronted with a decree of the Minister of War, holding him responsible for the loss of several thousand francs worth of property alleged to be missing, but no inventory was made when he left the laboratory, nor did he have notice of the proceedings that led to his condemnation. The Council of State promptly quashed the proceedings and decree of the Minister of War with costs. In another case, decided in December, 1910, an indiv‍dual had taken sand, between low and high tide, on the shore of the Mediterranean, contrary to an ordinance of August 6, 1681 -an ordinance over 230 years old. He was fined by the Conseil de Préfecture, and on appeal taken to the Council of State, the judgment was affirmed.

The French judicial system provides a special tribunal for disposing of conflicts involving the competency of the judicial and administrative departments and their officials, known as the Tribunal des Conflits. It is composed of the Garde des Sceaux (Keeper of the Seals) as president; three Councillors of State, elected every three years; three Judges of the Cour de Cassation, named by their colleagues, and two Councillors of State elected by the other Judges of the Council of State. The matters that come before this tribunal are complex, and the procedure and rules governing this tribunal are too intricate to consider at length, but the

following is an example of a case that came recently before the Court.

The mayor of a commune caused the overhanging branches fringing a parish road to be cut, whereupon the proprietor sued him before the Civil Court and recovered damages. The mayor took the ground that he was a public official carrying out a public work, and that the Civil Court was therefore incompetent-that there was a conflict between the administrative and judicial departments and the Civil Court took this view and entered an order to this effect. The case thereupon came before the Tribunal des Conflits, which held, that as the mayor had not observed the law, requiring in such cases a preliminary constate, and notice to the proprietor to do the necessary lopping himself, and as such work did not constitute a public work, the civil tribunal was competent.

The Cour des Comptes, contrary to general impression, is not only an administrative Court for the supervision and control of official accounts and expenditures, but possesses likewise strictly judicial functions. It is composed of eighty-six counsellors referendary appointed for life. By law this Court stands next in rank to the Cour de Cassation. It is presided over by a first president, and is divided into three chambers, each with its own president. It has its own attorney-general. When necessary, the three chamhers meet, forming a Chambre de Conseil. Where in the examination of accounts, forgery, embezzlement, or speculation is discovered, the fact is reported to the Minister of Finance and referred to the Minister of Justice, who prosecutes the offenders before the ordinary tribunal. appeal lies in certain cases to the Council of State.

The Cour d'Appel is the intermediate Court between the Tribunal de Première Instance and the Cour de Cassation. Including Algiers there are 27 Cours d'Appel in France, comprising 63 chambers, 27 first presidents, 63 presidents of chambers, and 451 counsellors or associate Judges. The Cour d'Appel of Paris consists of nine chambers. The Cour d'Appel is not a Court of original jurisdiction, although an appeal is practically a new trial when the case. can be presented de noro, either party having the right to introduce new or additional evidence. Judgments must be rendered by at least five Judges, except in appeals heard in audiences solennelles, or solemn audience, when not less than

nine Judges must participate. Solemn audience is where two or more chambers are united, the law providing that certain questions must be heard before such a composite Court, as, for instance, where a case has been sent back by the Cour de Cassation; or where it relates to the State or to the civil status of citizens. This, however, only applies to civil cases. The first president of the Cour d'Appel of Paris receives 25,000 francs a year, while in other departments his salary is 18,000 francs; the presidents of the different chambers in Paris get 13,750 francs, and outside of Paris 10,000 francs; while the counsellors or associate Judges in Paris receive 11,000 francs, and in other Cours d'Appel they have 7,000 francs a year.

The Tribunal Civil, or Tribunal de Première Instance, as it is called, is the general Court of original jurisdiction, there being one for every department, and in cities they comprise several chambers, the Court in Paris being composed of 11 chambers. This Court includes 438 chambers composed of 384 presidents or presiding Judges; 667 Judges, and 806 assistant Judges, or a total of 1,857 Judges. Judgments must be rendered by at least three Judges. And this fact brings out one of the great distinctive features of the French judicial system, which is that no civil case outside the Court of a Justice of the Peace is decided by a single Judge, every Court being composite in character, and no judgment can be rendered except by at least three Judges. There is no appeal in cases involving less than 1,500 franes. unless the question of the Court's competency is involved.

The Conseils de Préfecture also exercise judicial func tions. There is one in each department. In the department of the Seine (Paris) it consists of nine councillors; in thirty other departments of four, and in other departments of three. They are appointed by the President of the Republic. In the department of the Seine the préfet receives 50,000 franes a year, and counsellors 10,000 francs; in préfectures of the first class préfets receive 35,000 francs, and councillors 4,000; in préfectures of the second class préfets receive 24,000 francs, and councillors 3,000 francs; and in préfectures of the third class préfets receive 18,000 francs, and councillors 2,000 francs.

The Conseils de Préfecture are presided over by the préfet. A conseiller de préfecture must be 25 years of age; he must be a licentiate in law, or have during at