Let us speak a word about the manner of renewing assemblies which should change in totality in a definite number of years. Ought the renewal to be made at one time, or is it advantageous to divide it among these years? According to the last method the assembly would be formed under the influence of the divers opinions dominant during the time of its renewal; the opinion which obtained then would be probably the mean of all these opinions. The assembly would receive thus at the time the same advantage that is given to it by the extension of the elections of its members to all parts of the territory which it represents. Now if one considers what experience has only too clearly taught, namely, that elections are always directed in the greatest degree by dominant opinions, one will feel how useful it is to temper these opinions, the ones by the others, by means of a partial renewal. CHAPTER XIII. _CONCERNING THE PROBABILITY OF THE JUDGMENTS OF TRIBUNALS._ Analysis confirms what simple common sense teaches us, namely, the correctness of judgments is as much more probable as the judges are more numerous and more enlightened. It is important then that tribunals of appeal should fulfil these two conditions. The tribunals of the first instance standing in closer relation to those amenable offer to the higher tribunal the advantage of a first judgment already probable, and with which the latter often agree, be it in compromising or in desisting from their claims. But if the uncertainty of the matter in litigation and its importance determine a litigant to have recourse to the tribunal of appeals, he ought to find in a greater probability of obtaining an equitable judgment greater security for his fortune and the compensation for the trouble and expense which a new procedure entails. It is this which had no place in the institution of the reciprocal appeal of the tribunals of the district, an institution thereby very prejudicial to the interest of the citizens. It would be perhaps proper and conformable to the calculus of probabilities to demand a majority of at least two votes in a tribunal of appeal in order to invalidate the sentence of the lower tribunal. One would obtain this result if the tribunal of appeal being composed of an even number of judges the sentence should stand in the case of the equality of votes. I shall consider particularly the judgments in criminal matters.