son.

Crimes against international law. Crimes against the government. Resistance, 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 immovable property by force. Fraud and cheating. Forgery. Counterfeit money. Crimes against family rights, against station (social standing). B. Criminal Process.-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. Orgaus and order of conducting a civil 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, search, 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 judge (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 Gracco-Roman Empire. Collections of ecclesiastical laws. 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 consequence. 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. Church 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 patriarchs. 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 children; competence of the legislature and court in matrimonial affairs; 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. Privileges of ecclesiastical property with regard to taxes (finances) and judicial jurisdietion; the right to the use of ecclesiastical property; to dispose of it and to alieniate 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 private 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; fron tiers; the way of recovering a territory; colonization; free (open) sea; marine international laws; international obligations; concerning straits (especially of the Bosforus 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 ordinances 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 duties 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; blockade; 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 (searching).

Financial law (syllabus).

What the state needs and the way of satisfying the needs. 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. Revenues 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 state loans; 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 movings 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; contagions 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; cooperation 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.

IX.-BELGIUM.

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 English 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

to his inclination. The faculty publishes a guide advising to take up this or that branch of study during the first, others the second year, and so on, but there is no compulsion. He may study civil law or Roman law in one university during one year, and criminal law or another branch in another university, perhaps being induced to the change by the reputation of a famous professor.

In France a minute syllabus is arranged (see previons chapter, II. France), which must be followed; likewise in Russia, and a few other countries. Though the mode of procedure in Germany permits great irregularities in the students' attendance, it must be remembered that the necessity for strict guidance of the students is obviated by most rigidly adhering to the requirement of admission, which is, that the student be a graduate of a gymnasium, a classical secondary school, where the boys get a thorough academic preparation, acquire good habits, and "learn how to learn," that is, how to find, acquire, retain, and apply knowledge. The average age of students entering German universities is 20 years; in France, 18 years.

In America and England much text-book work, that is, much memorizing "verbatim, literatim et punctuatim," is done, and as a consequence the work in the law schools consists to some extent in recitations (Webster: "Rehearsal, or a repetition of something committed to memory"). Though much of that is found in France and Russia also, in German, Austrian, Italian, and other universities this method is looked upon with disfavor, it being claimed that it destroys spontaneity of effort and individuality.

The German law professor treats his students as men of judgment who need not be told what to learn from the printed page. He lectures on his subject, the student taking copious notes; then a colloquy follows in which a discussion of the matter just heard is held in parliamentary order, the professor presiding. Text-books are used as guides in study and as books of reference. Seminary exercises are held regularly every week and there is scarcely a professor in Germany who neglects to conduct them in connection with his lectures. (Compare the courses in previous chapter.) The seminary exercises consist in reviews, exegetical or explanatory conversation and criticism, discussion and trial cases. Much stress is laid by the German and French law schools upon "Encyclopedia of Law," which means a course of introductory lectures to the entire law course, giving definition of terms and a sketch of the field to be gone over so that the student may see his way and choose understandingly. Or, as an authority defines it: "The exhibition of jurisprudence as a science as an organic whole, showing the relationship of its facts and their proper function and aim," Also the subject of "Sources of Law" in history and ancient documents is carefully treated. This is done for the purpose of strengthening the knowledge acquired and the position taken in any question. It engenders the scholarly habit of thorough research.