Every canton has its _juge de paix_, who is in a general sense a
police court judge. He tries small cases, but his responsibilities are
carefully limited, and he may not inflict a fine exceeding 200 francs.
Any offence requiring a heavier hand must go up to the _Tribunal
correctionnel de l'arrondissement_ or the court of _Premiere
Instance_. The _juge de paix_ wears a tall hat encircled with a broad
silver band, and although, as a rule, a man who has received a fairly
good education, his salary averages between L120 and L160 per annum.
On such an income there is no opportunity for pretentious living! The
wife of a _juge de paix_ cannot, as a rule, afford to keep a
nursemaid, and one maid-of-all-work is as much as the _menage_ can
afford to maintain. Nevertheless the position is an honourable one,
there is a pension at sixty years, and the hours of labour are, to the
man with a sense of humour, often brightened by the absurdity of the
cases that are brought into court. There is generally much fun for the
court in the frequent cases of _diffamation_, in which citizens drag
one another into the presence of the _juge de paix_ for calling each
other names. The court allows noisy altercation in a fashion unknown
in England, and the task of the magistrate is, to the Anglo-Saxon
mind, almost beyond belief. The breezy outpourings of plaintiff and
defendant are ended with the _juge de paix's_ words, "You can retire,"
and, as a rule, some sound and friendly advice has been offered to the
unneighbourly neighbours. A very considerable amount of litigation
arises through the possession of land or houses, for the thriftiness
of the French has always inclined the people towards the ownership of
their farms or the land they till. In the old days before the
Revolution, all such disputes came before courts in which the
unprivileged and poor might be fairly sure of losing the day. The
scandal of those venal courts was so great that nothing short of a
clean sweep could effectually rid the land of the curse they
inflicted, and the overthrow of the monarchy was followed by the
establishment of administrators of justice who were servants of the
State and none other.
The correctional courts mentioned deal with the graver offences which
are outside the ambit of the _juge de paix_. As a rule there are three
judges and no jury. These courts are empowered to inflict punishment
up to imprisonment for five years. The Courts of Assize are held every
three months in each Department. They are presided over by a
councillor of the Court of Appeal with two assistants and a jury of
twelve, but a unanimous verdict is not required, the fate of the
accused hanging on a majority only. Another feature of these courts is
the _juge d'instruction's_ secret preliminary investigation into each
case.
Public-domain text, read in full here on John Shaqi.
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