There are twenty-three Arrondissement Courts, thirteen of the first-class
and ten of the second class. Their principal business is to pronounce
judgment in the first instance, even in criminal cases, but they also
decide in the final instance in cases of dispute between the Cantonal
Courts, which are under their jurisdiction. They likewise adjudicate upon
claims for compensation up to a certain amount, upon disputes regarding
the boundaries of land and property, and upon complaints relating to
water-supply, drainage, and the like, while cases of mendicancy, vagrancy,
and evasion of taxes are decided by these Courts summarily.
The Cantonal Courts are, as already stated, the nearest equivalent in
Holland to the English Police Courts. Their members, however, are legally
trained and salaried men, though attached to each Court are several
unsalaried deputies. The Judges of these Courts are appointed for life by
the Crown, and the minor officiais for a term of years. All the petty
cases which in England come before the Police Court are in Holland
adjudicated upon by the Cantonal Courts. Poaching, personal violence,
cruelty to animals, damage done to dwellings, trees, or crops, are all
cases for these Courts, and so long as the fines imposed do not exceed
two guineas, their judgment is final, but in other cases the right of
appeal exists.
Mention has just been made of the fact that even from the lowest Court of
Law in Holland the amateur judge is rigidly excluded. No one who has not
acquired the diploma of Doctor of Laws from one of the Dutch Universities
is allowed to assume any responsible duty associated with the
administration of justice. The same severe requirement is imposed upon the
legal profession in general. The possession of the diploma of Doctor of
Laws and Letters alone entitles a man to practise as advocate. Amongst
themselves the members of the legal profession also exercise a sort of
mutual surveillance by means of their Councils of Supervision and
Discipline, whose duty it is to take care that nothing is done by an
advocate which is contrary to the law or to the honour of the faculty.
These Councils are chosen from amongst the lawyers themselves in all towns
where there are more than fourteen resident advocates, but in smaller
places their duties are discharged by the Provincial or Arrondissement
Courts. Should a lawyer be guilty of any serious misdemeanour he is
promptly expelled from the Community of Advocates, and he may be even
refused the right to plead in any of the public Courts. In passing, it is
an interesting feature of the Dutch judicial system that in every place
where there is a Court of Justice, higher or lower, there exists a
Consultation Bureau where people without means may obtain gratuitous
advice in legal matters. Unless a charge laid before this Consultation
Bureau appears on the face of it to be unsustainable, the Bureau appoints
one of its members to act as legal adviser and counsellor to the applicant
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account