discretion of the judge, but only after reference to the procurator who has taken up the case. Accused persons are often kept in prison for a considerable time before trial, and no lawyer is allow ed to be present at the preliminary examination, which also is often long delayed. The law promulgated in February, 1890, relative to the organisation of judicial courts, embodied the usage developed since the establishment of the courts in 1872, but it introduced at the same time certain changes borrowed rather from German than from French sources.
The history and nature of modern Japanese legal institutions are, very briefly, as follows. Down to 1872, the Judicial Department had united in itself the functions of chief law-court and chief executive office for the transaction of judicial business throughout the land, the same staff of officials serving for both purposes. In that year, however, a separation took place. Judges, procura tors, a judicial police for the arrest of prisoners, avoés, avocats, and notaries were established, as also separate judicial courts and a law school. The pattern copied was French. Since that time numerous changes have taken place. At present the courts are divided into local courts (presided over by juges de paix), district or provincial courts, courts of appeal, and a supreme court (cour de cassation), all of which have jurisdiction both in criminal and civil suits. Each of these courts has branch offices established to accommodate suitors, regard being had to population and to the area of jurisdiction. The local courts have jurisdiction over police offences and such minor crimes as the procurators may deem it proper to punish with a lighter kind of punishment ad judged by one of those courts; the district courts have jurisdiction over crimes, besides acting as courts of preliminary investigation; the appeal courts hear new trials; the supreme court hears criminal appeals on matters of law. Crimes of whatever sort, except police offences, are as a rule subjected to preliminary examination before actual trial. When, however, the charge is perfectly clear of doubt, the procurators ask for an immediate trial in the case of minor crimes. The conducting of criminal cases, from the
