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acceptance, protest, and its consequence. Indorsement. Payment, protest and nonpayment; returning. Loss, claim, prescription of a draft. Marine commercial law
a (admiralty). Recovering (finding), documents of vessels. Owner, skipper, pilot. Marino transport (freight), mortgage on a vessel. “Privilegium on vessel and cargo. Bodmer contract, average. Recovery of things of stranded vessels. Marine insurance. Contracts; their aim, fulfillment; adjustments of averages.
C. Ciril Process.-Sketch of civil law proceedings. Theory and fundamental principles of civil process. The court and its organization; power (jurisdiction) and instances of the court, its organs. Parties in the suit; citation of third persons; legal representation; accredited attorneys and private mediation. Acts of the process, their succession; terms. Expenses; right of poverty Management of the provincial court. Presentation of claims and its consequence; citation of the defendant. Presentation (appearing) in court. Exposition by the parties. Countersuit. Arowal of the claim. Incidents of the suit; evasion, bail (guarantee); putting away by the court. Argument, its fundamental principles. Mutual relation of the parties in the argument. Personal examination. Depositions by witnesses, by neighbors. Written depositions, test of veracity; estimation of written depositions. Oath and confession, conclusion of the pleadings, conclusion of the State Attorney's pleading, conclusion of the proceedings.-Sentence, its legal strength, sentence against absentees.-Abridged proceedings; preliminary execution. Justice of the peace; arbitration. Revision of sentence; appeals.- Justice of the peace, his jurisdiction; special feature of the proceedings in the court of the justice of the peace, its last reform. Commutation of sentence, its aspects and foundation; petition for commutation. Proceedings of commutation; sentence of the cassation; court. Execution of sentence, general regulations. Proceedings of the execution; the part of the court in the execution.-Organization of commercial courts; principal lines of its proceedings. Participation of the court in the establishing of legal facts.Commercial and noncommercial insolvency; peculiar features of a concourse of creditors.-Suit, its general method.
Criminal Law (Syllabus). A. Criminal Law.--General and special sources. Penal code. Penal statutes, for the justice of the peace, martial, rural, in exile.-Criminal laws, basis, elements, working of the criminal law with respect to time, place and person; delivery of criminals. Explanation (interpretation) ef and supplementing criminal laws.-The accused of a criminal deed; its imputability. Object of a criminal deed; when it is not a violation of law. Execution of a law, realization of a right, inevitable self-lefense; consent of the injured.-Form of criminal deeds; their causal connection with the consequence.-Liberty of will. Intention. Carelessness. Accident, error, extreme necessity.
Realization of the criminal intent, its execution. Attempt and its aspect. Prep. aration. Declaration of intention. Participation in crime and its liability (responsibility). Partnership; idea, condition, and punishableness. Right of pun. ishment; its basis and aim. Nature of punislıment. System of punishment in its historical evolution; the penal system of recent legislation.-Capital punishment in its historical development and in the present law. Corporal punishment and mutilations in history and the present law.-Banishment, its aims, history, in present law.-Confinement. Its idea, condition and problems; its system. Organization of prisons. Institution for miners. “Patronate"-Forfeit of honor and right. Reprimand. Loss of right in history and at present. Police-surveillance. Property punishments, aspects.- Definition of punishments. Circumstances. Defining of punislıments by the court. Commutation of punishments. Death of the culprit. Prescription. Clemency. Reconciliation with the injured party. Crimes against religio!). Political crime. Attacks against the sacred person of the Emperor and against members of the imperial family. Conspiration against otiicials. State trea
Crimes against international law. Crimes against the government. Resistauce, disobedience, and insults to officials; acting contrary to court decisions. Crime in the service of the state.
Crime against life. Elements (constituents) and punishment for killing with intention and by carelessness. Aspects of murder. Suicide. Poisoning of food. Abandon in peril. Duel. Corporal injury, intentional and unintentional; its classification. “Attentat” against (attack on) liberty. Confining. Kidnapping, Selling into slavery. Damaging of honor. Offence. Calumny. Defamation. Damaging of property, private and public. Arson. Submersion. Poisoning and infecting. Damaging of railways, telegraphs, hydrotechnical structures and warning signs. Appropriation of another's property: Theft, elements, aspect, and punishment. Robbery, keeping of innovable property by force. Fraud and cheating. Forgery. Counterfeit money. Crimes against family rights, against station (social standing).
B. Criminal Proce88.-Sources of criminal court proceedings. Judicial, administrative, and disciplinary examining. Writ and oral, publicity and nonpublicity in criminal court proceedings. General aspect of the organization. Distinction of the courts with regard to their elements. The public element. System of criminal courts. Organization of courts of the justice of the peace. Courts of the justice of the peace by lot, honorary and supplementary, rural and city courts; county circuits (convention) and department of government. Places. Provincial court. Justicial palace.. Cassation, court juries; composition of the list of juries. Rights, obligations, responsibility, and condition of successful work of juries,-Preliminary proceedings. Court examiner (investigator). Participation of the police in the work of the court. Jurisdiction of criminal courts. Objective, local jurisdiction, order of defining the jurisdiction. Impediment of jurisdiction.-Advocateship, its history.- Procuratorship, its history and present condition.
Indictment, public and private; its condition and consequence. Interruption on account of physical or legal impediments; cessation of the indictment and its renewal.
A civil claim in a criminal action; its dependency and independency. Organs and order of conducting a civid claim in a criminal court. Defense in a criminal process. The defender and his relations to the defendant. Rights, duties, and responsibility of the defender. Argument (proof), evidence, its formal theory. Anglo-American system of argument (evidence). Various aspects of the argument (evidence). Confession of the defendant; deposition by witnesses. Experts. Declaration of neighbors. Material (i. e., by things) and written testimonies. Examination, scarch, and arrest. Evocation and citation (summon) of the defendant. Measures for depriving the defendant of liberty. Judicial ordinance, definition, and decision. Resolution. Terms of the court; expenses. Preliminary proceedings and their tasks., Obtaining information. Preliminary investigation. The person participating in the preliminary investigation. Proceedings, work, and measures of the preliminary investigation. Delivery to the court; persons participating in it. Proceedings at the curator in the justicial palace. Special order. Public (open) session of the court. Examining in the court. Debate of the parties. Last word of the defendant. Order of forming (composing) the sentence. Questioning by the jury. Closing elucidation by the presiding indge (president). Verdict of the jury. Sentence. Revision of sentence. Significance limit, condition, and consequence of revision. Proceedings against absentees and answer to a sentence pronounced against such. Proceedings of an appeal. Its basis, subject, object, condition, and order. Limits and consequence of the proceedings of an appeal. Proceedings of cassation, their condition, limits, and consequence.
Renewal of criminal proceedings. Right of interceding for it. Extent of the proceedings pertaining to a renewal; its reasons, order, and consequence. Execu. tion of the sentence of the court, its organs, condition, and order. Postponement of execution.
Organization, jurisdiction, and order of proceedings of rural and district courts. Martial criminal courts in Russia; their organization, jurisdiction, and the principal features of the process in the martial court.
Ecclesiastical law (syllabus).
The sources of ecclesiastical law of all the Christian churches in general and of the Orthodox, Roman Catholic, Armeno-Gregorian, and Evangelical Lutheran in particular. History of the sources of ecclesiastical law during the first nine (9) centuries. Apostolic regulations and ordinances. Decisions of general and local synods which were adopted by all the Christian churches; in particular, in the East: Canonical answers and epistles of the holy fathers and ordinances of local (endemic) councils. In the West: “Epistolac decretales” of the Roman Popes and ordinances of local synods. Monuments of state legislation in ecclesiastical matters in the Graeco-Roman Empire. Collections of ecclesiasticallaws. In the East: The Canonical laws of Scholasticus and the Patriarch Photius. In the West: Dionys, the Younger, and Isidor. The significance of the latter's collection for the history of the laws of the Roman Catholic Church.
History of the sources of ecclesiastical law in Russia. The more important monuments of ecclesiastical legislation in Russia; survey of the sources in use of the ecclesiastical law in Russia at present. Composition (constituency) of the ecclesiastical community. Change of creed and its consequence. Clerical, state, and ecclesiastical hierarchy; condition and way of obtaining the hierarchical vocation; gradation of the hierarchy according to holy ordination and according to jurisdiction. Rights and duties of the clergy. Forfeit of spiritual dignity and its cousequence. Monasticism; condition for entering into it; Monastic vows and diminution of personal property and ecclesiastical rights emanating from them (capitis deminutio). Difference between monks living in communities and singly concerning capacity of action. Forfeit of monastic state and its consequence.
Church government (hierarchia jurisdictionis). The Archbishop; his rights, powers, and obligations. Churclı revenues. Spiritual consistory; its organization and object subjected to its jurisdiction and order of proceedings. Spiritual government; its organization and object subjected to its jurisdiction. Superintendents; extent and relation of their administrative authority. Organization of churches in the first century and during the period of the general councils. Constitution of the highest instance of the Russian Church, invested in the metropolite and patriarchis. The holy synod; its origin, organization, and jurisdiction. The grand procuror. Offices of the synod.
Organization of the Roman Catholic, Evangelical Lutheran, and Armeno-Gregorian churches in accordance with the laws of the Russian Empire. Aspects and organs of ecclesiastical legislation. Authority of ecclesiastical courts; its significance for the respective church. Jurisdiction of ecclesiastical courts in history and at present with regard to offense and crime. Ecclesiastical punishments. Laws of marriage; condition and impediments of marriage; consequence of marriage; solution of marriage, divorce, annullation; consequence of both for the separated parties and for their chillren; competence of the legislature and court in matrimonial atlairs; divorce suits. Church registers; their origin in Russia; rules for their keeping; their significance for civil law. Church certificates. History of the capacity of the church concerning property. Subjects and objects of the property right of the church. Priv. ileges of ecclesiastical property with regard to taxes (finances) and judicial jurisdiction; the right to the use of ecclesiastical property; to dispose of it and to alieuiate it. Administration of ecclesiastical property.
International law (syllabus).
Basis and necessity of the existence of international laws. International meetings, congresses, conferences; the state as object of the international law; recognition of new states; rulers and privato persons concerning international relations; the laws of states concerning the relations between (their own) subjects and foreigners; emigration, naturalization; state territories with regard to international law; frontiers; the way of recovering a territory; colonization; free (open) sea; marine international laws; international obligations; concerning straits (especially of the Bos. forus and the Dardanelles); rivers and their navigation (especially the European commission of the Danube); Suez Canal.
International treaties. Condition of their conclusion; means of their security; cessation of their validity. International régime of states and their organs. Rights of embassy; diplomat agents and their laws. Consular law; consuls in Christian states and in the East; rights and duties of consuls; their jurisdiction. International relations with regard to economical interests. International commercial treaties. The Universal Postal and Telegraph Union. International orlipances concerning railways and the monetary system. International private law. Principal elements concerning the personal rights of foreigners, family and heredity. Execution of sentences of foreign courts. International criminal law; delivering of criminals. International dissensions; modes of peaceable solution, especially arbitration. Embargo and peaceable blockade. Laws of war; rights and daties of the warring states in a land war, especially in respect to war prisoners, wounded and sick soldiers; rights of the occupying army; rights and duties of the fighting states in a naval war; cruise; blockaile; beginning and ending of war. Peace: Laws of neutrality; rights and duties of neutral states; laws of neutral commerce; contraband in time of war, blockade, and right of examining (scarching).
Financial law (syllabus).
What the state needs and the way of satisfying the needls. Financial administration and its organs; financial institutions, central and local; organization of the treasury, controlling institutions of the finances. Budget and state appropriation; its composition and execution. Sources of the state revenues; their system in general and of Russia in particular. Different aspects of the state revenues. Rerenues from state property, state lands, forests, mines. Revenues from state enterprises: Mint, mail, telegraph. Revenues from duties, from stamps, courts, etc. Revenues from taxes; nature of the latter source. General lines of the historical development of taxes; the main lines of their theory and system. Direct taxes; their general idea and their objects. Personal and land taxes, on edifices, professions, and income. Indirect taxes; general idea, main objects, way of collecting; taxes on things absolutely necessary and things not absolutely necessary. Custom-house duties; their nature and main objects. Land economy; principal aspects of its needs and the fundamental forms of laying out lands. State credit; its place in the present financial economy; form of stato loaus; ways of making a loan and of removing a debt.
Police law (syllabus).
Sources of the present police legislation. Organization of police institutions, central and local; measures of controlling the shifting population. Temporary morings and emigration. Passport system. Measures of preventing and checking crime against the established order, against persons and property. Extraordinary measures for preservation of order. Supervision of the press. Preventive (warning) and penal censorship: Printing offices, book trade, libraries; sanitary measures; care for purity of air, water, and food; prevention of diseases; contagious and epidemic diseases; quarantine; organization of the sanitary staff'; apothecaries; hospitals; police of buildings, state and private, city and country; measures for warranting the supply of public provisions; prevention of famine; measures to obtain a general survey over the population; checking beggary; charitable institutions; coöperation with public education; educational institutions; public and private schools; coöperation in building of public roads, railways, canals, post and telegraph; coöperation in de
veloping land economy; protection of farmers and vine-growers from injurious insects and phylloxera ; fishery; forest development and preservation; developing of mines; mines on state lands; private gold-washing; quarries; naphtha wells; coöperation in developing industries; artisan institutions; factories; factory inspection.
Being unable to give the course of study in detail, the requirements for examination are given instead.
I. Candidates for graduation in Brussels are examined in introductory history of law and civil law; encyclopedia of law; history and the institutes of Roman law; natural law and philosophy law.
II. Candidates for the degree of doctor of law are expected to have studied Belgian criminal law, modern civil law, public law, administrative law and the pandects; commercial law; court organization and civil procedure; political economy. A practical course in criminal law is also given to these students, though they are not examined in it.
III. Candidates for the degree of doctor of science of government are required to have studied encyclopedia of law, natural law or philosophy of law; history of law and civil law; the first book of the civil code and law of succession; internal public law; history and the institutes of popular law, which includes legislation upon diplomatic usage; political economy and administrative law.
VIII. METHODS OF INSTRUCTION IN EUROPEAN LAW SCHOOLS.
One vital difference between the American or English college and the continental European university should be borne in mind. Our colleges (except a few like Yale, Harvard, Johns Hopkins, etc.), and the Eng. lish universities and colleges are schools for general culture, while on the continent of Europe, notably in France, Germany, Austria, Hungary, Italy, Switzerland, Belgium, Holland, Denmark, Norway, and Sweden, the universities are professional schools of theology, law, medicine, and philosophy (both natural and mental). Each of these departments has its own corps of professors, called the faculty of theology, law, etc. These departments are more or less closely connected, so that students of theology, law, and medicine may partly be also students of the fourth faculty, i. e., the faculty of philosophy, where the student of theology "hears” philosophy; the student of law, philosophy and history; the student of medicine, natural science. This fourth faculty is the one which prepares the teachers of secondary schools, hence is very extensive. When in Germany, for instance, the law course prescribed does not mention philosophy, it means that this subject is not slighted, but that it is studied in another faculty.
In American and English colleges and universities it is the custom that the student is held to a prescribed course laid down by the authorities of the institution. Optional studies are rare. In many American and English catalogues of law schools the books to be used are mentioned and the number of chapters or pages to be learned” (which is not infrequently interpreted to mean memorized). In Germany it is left to the student to choose his subjects and his teachers. He may study one subject of the law course before or after another, according