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Untitled Article
which the readoption of the grand jury system would save . Under a professedly liberal government , the unsolicited restoration of grand juries , and the exclusion of the executive power from interference with the election of common juries , might have been conjidently expected ; but the restoration of these popular rights does
not appear to form any part of the projet of the present government , which seems to be more occupied with aggrandizing itself , thai ) with fulfilling the royal promise of republican institutions . These , however , as well as the nomination of the juges de pain ( he mayors , and other local magistrates , must ere long , no doubt , be restored to the people , for whose use and benefit they are required , and Qut of whose pockets those officers are paid .
In another important article the proceedings of courts of judicature are different in France and in England . Paris does not , like London and Edinburgh , absorb almost all the civil law business of the country . It has , it is true , its caur roycde an a large scale , comprising five chambers and fifty judges , but its jurisdiction is confined to the metropolis and the seven adjacent departments .
There is a procureur du roi for every tribunal of premiere instance , and aprocureur general for every cour d ' appel . Deteriorated as in some respects the French codes undoubtedly are , since they came out of the hands of their great fo&terfathers , the benefits France bas derived from them , and their immense superiority over the wretched , old , incongruous , contradictory , anomalous , and
oppressive systems which bore down the energies , and reduced to desperation the hopes of the country , are altogether incalculable . France has now , as Fenelon declared she ought to have , a written law ;—a law to be referred to / - —a law the guide of the judges ; and which ought to be , and if not which ere long will be , the protection of the subject;—a law which , if not perfect , is still
known to be the law ; and which may , and doubtless will , be amended where it is susceptible of improvement . It lies within the compass of the understanding of any man of common sense , and its different codes appear to be so well classed , the provisions of each to he so clearly arranged , and the indices so copious , as well as faithful , that reference to any particular branch is rendered both safe and easy . * The provisions of the French laws
for registering mortgages and purchases of land , one object of which is to regulate the expenses of conveyances , and another to prevent litigation , and ascertain , or make a clear and indisputable title , are excellent \ and if the government , instead of stamp duties , requires a considerable ad valorem duty , which , however , includes the charges of the notary and all other expenses , it is after all but a trifling consideration given for the important advan- >
* Mirabean , in his ' Enquiries concerning Lefttres de Cachet , * after enumerating several European countries wk ^ ch have pome , t ^ ou ^ h imperfect written codes , add » , ' The French alone , h * 4 aat QJ&y **<> uoifrrtu qode , pu ^ were vitbout even a collection of their customs . *
Untitled Article
JO 0 Notices of France .
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Feb. 2, 1833, page 106, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2608/page/38/
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