less a disagreeable man, yet he was entitled to the rights which the custom of his trade conceded, and which the sympathy of the master and his kindness did not take away. Nowhere in England could such substantial justice have been obtained in a quarter of an hour and at a cost of only sixpence. The President was evidently not only an intelligent man, but skilled and painstaking in his office. His patience in balancing the statement of each of the parties in the opening proceedings, his ready and just appreciation of the chief points in each case, his method of eliciting information, and the clearness with which he made the parties feel that the main question was really involved in the different points, were very striking. A similar description might be given of the other Conseils de Prud'hommes throughout France. The functions of these tribunals resemble, and may be said to replace, those exercised before the Revolution of 1789 by the wardens and syndics of the various trade corporations. Soon after their abolition a law was passed, in 1790, providing for the settlement of trade disputes by appointing "prud'hommes," or men of wisdom and discretion, as assessors to the justices of the peace. At Lyons, where silk and other staple manufactures are largely carried on, something like the old jurisdiction survived, under the name of the "Common Tribunal;" and upon this was modelled the first "Conseil de Prud'hommes," which was formed by decree in 1806. This decree contained provisions enabling the plan to be extended to all other manufacturing and industrial towns. By later decrees the plan was made still more general, and additional rules were framed. Under these various provisions the Conseils de Prud'hommes acted until the Revolution of 1848, which gave a preponderance of power to the workmen, who passed a decree completely changing the constitution and working of the Councils, and giving in them the chief influence to labour, on the alleged ground that hitherto employers had enjoyed too much power. For five years the new arrangement lasted, but it did not work satisfactorily. Instead of smoothing the relations between capital and labour, it raised new elements of strife, and this to such an extent that in some towns the Councils had to be dissolved, owing to the disputes and litigation which were caused. Complaints arose on all sides of the working of the new method, and in 1853 another law was promulgated, under which these courts now act. Account was taken of the growing intelligence and the improved condition of the working-men, and of the complaints made as to the inequality of their position under the law of 1810; and the constitution of the Councils was so modified as to ensure the perfect equality of employers and employed. Under this law, when it is proposed to form a Conseil de Prud'hommes, the initiative must be taken by the local authorities of the place concerned. First of all, a memorial is sent to the Minister of Commerce, setting forth the deliberations of the Chamber of Commerce and of the Consultative Chamber of Arts and Manufactures, showing the need for establishing a Conseil de Prud'hommes, with a vote of the Municipality confirming the need and promising to provide the requisite expenses. In an appended table is set forth the trades subject to the proposed jurisdiction, divided into classes, with the number of Prud'hommes to be elected for each. On receipt of these documents, the Minister of Commerce decides whether a Council shall be formed; and if so, a decree is issued setting forth the number of members of which it is to be composed, being not fewer than six, exclusive of the president and vice-president. The Minister also decides whether for the various trades set forth in the memorial there shall be several Councils or only one. In large towns this sometimes leads to inconvenience, and even to failure of justice, the official tendency being to restrict the number of Councils. For example, Paris has but four, with all its various trades. As this jurisdiction professes to be one of experts, it must frequently fail, for no Prud'homme, however intelligent, can profess to be expert at scores or hundreds of trades, many of which, like watchmakers and ironfounders, are extremely diverse, although coming under the control of the same Council as being "workers in metal." It is the same in Paris and other large towns with various trades; the general description of "chemical products," for example, combining a miscellaneous collection of employments that cannot easily be grouped under either of the other three Councils. The limited number of members forming the Court is also found to be prejudicial, especially as regards the workmen, who cannot afford to give up much time, and hence are frequently absent. The Municipality of the town has to bear the expense of establishment, including the finding of proper courts and offices; and thenceforth the cost of lighting, warming, and similar disbursements. At the beginning of each year the President prepares an estimate of the outlay, which is sent to the mayor, and is included in the municipal budget. The president and vice-president are nominated by the Chief of the State, who may select them from within or without the Council. They are almost invariably chosen from outside, so as to be as far as possible independent of either of the two classes forming the Court. This nomination by the Government is complained of by some of the working-men; but most independent observers believe that it is far the better plan; the experience gained under the 1848 law showing that the election of officers by the Councils often caused strife that was never healed and led to much party feeling. The president and vice-president hold offiec for three years, and are re-eligible. The secretary, who has great influence, is appointed to or removed from his post by the Prefect, on the recommendation of the President. The Prud'hommes themselves are elected by masters, foremen, or workmen, in one of the trades or callings subject to the jurisdiction. The electors must be at least twenty-five years old, must have exercised their calling for five years, and must have lived three years within the district. All persons working upon materials owned by themselves, and not upon materials given out to them on piecework, are classed among masters, although employing no workmen or apprentices. Those who work up other manufacturers'or merchants' materials are classed among workmen, although working at home and employing others. Workmen of the classes who are required by law to carry a livret, or descriptive certificate, must produce it, or they are not registered as electors. The Prud'homme must himself be a registered elector, qualified as above described, thirty years of age at least, and able to read and write. The honour of the office is fenced by excluding from the roll of electors and candidates all persons who have been convicted of crimes, misdemeanors, breaches of trust, offences against morality and decency, bribery and intimidation at Parliamentary and municipal elections; or who have been found guilty of commercial frauds, false weights, adulterations, usury, keeping disorderly houses or gaming tables, or who have been bankrupt without being purged as required by French law. The electoral lists are prepared by the Mayor, assisted by an employer and a workman as assessors, and are submitted to the Prefect for approval. Claimants may appeal to the Courts to be registered as electors without payment of fees. The elections take place at meetings specially called under the presidency of the Mayor, or one of his deputies. The actual voting usually takes place at separate meetings of masters and workmen; but the authorities may convene joint meetings, either preliminary or final, to give both sides the opportunity of talking over matters connected with the election. But the masters only elect Prud'hommes of and for their own order, as is the case with the workmen ; and the number elected must be equal for both classes. At the first voting an absolute majority of votes is essential; but if a second voting be required a relative majority suffices. Thus, if at an election for one Prud'homme, 100 electors record their votes, of which A receives forty, B thirty-five, and C twenty-five; A would not be elected on the first scrutiny, because he has not an absolute majority-that is, fifty-one votes at least. On a second scrutiny, if the same votes were recorded, A would be elected; having a relative majority. The Prud'hommes are elected for six years. Every three years one-half of the Council go out; but in case of a sudden vacancy, the Prefect can order an election. The members take the oaths of fidelity and obedience to the constitution and the laws, and swear faithfully to discharge their duties. The special laws under which judges can be proceeded against for collu sion and breach of trust are applicable; and the Government can temporarily or permanently dissolve a Council. The members are not paid, although an effort was made to secure this at the time of the passing of the decree now in force. Each Council is divided into two Chambers, called respectively the Private Bureau and the General Bureau. The former consists of two members, an employer and a workman, and its sole duty is to conciliate, if possible, the parties who come before it. Failing this, they have to go before the General Bureau, which is composed of an equal number of workmen and masters, with the president and vice-president; five forming a quorum. Jurisdiction extends over all manufacturers, contractors, master tradesmen, sub-contractors, foremen, workmen, and apprentices working in any industrial establishment within the district assigned to the Council, provided that the persons belong to the trades named in the decree of appointment. The matter in dispute must be connected with the carrying on of the special trade or business of the parties, or arising out of agreements or contracts made in connection therewith. Disputes between one manufacturer or merchant and another are not cognizable, unless relating to trade marks or designs; neither are disputes between such and their customers. But disputes between one workman and another, in reference to trade matters, may be taken before the court; as may be the case with nearly all the above excluded matters, with consent of both parties. There is no limit as to the amount of the claim in dispute. The parties to a dispute may voluntarily appear before the Council with a written declaration that they request its good offices; but it is far more usual for one of the parties to lodge a complaint. The secretary then writes a simple letter of invitation to the other party to present himself at a given time, and this invitation has all the force of a summons. In case of absence or illness a master may be represented by a clerk or a workman, and a workman may be represented by another, being also a relative. The law thus insists upon the presence of the principals, with the idea that conciliation may be rendered more prompt and easy. Some time ago it was urged on behalf of the workmen that they should be permitted to appear by their legal advisers; but this demand is no longer made. If the party invited to appear does not attend, a formal citation is served upon him by the usher of the Court. The costs of this form part of the costs in the suit; but if this citation be not obeyed, a second one issues at the cost of the recalcitrant party, who is further liable to have judgment go by default. At the time of hearing, the disputants are not allowed to argue with each other; but each states his case, and gives only such further explanations as the Court desire. If the case turns upon different versions of facts that have occurred in the presence of witnesses, these may be called, sworn, and examined; a very low scale of payments being allowed. All parties must conduct themselves with respect, and the Court has power to protect itself from contempt by fines, not exceeding ten francs; by imprisonment, not exceeding three days (which, however, has not been resorted to in any case since 1871); and by publicly posting up the names of offenders. If one of the litigants undertakes to formally prove his case, or disputes the authority of documents, the President must allow of an appeal, sending the case before a competent legal tribunal. Either party may object to one or more of the Prud'hommes when they have a personal interest in the matter in dispute, or are nearly related to one of the parties, or have been at law with either during a year, or have prejudged the case by a written opinion. Any Prud'homme thus objected to, must in writing, either accept or refute the objection, and in the latter case the Council must, within eight days, sustain or refute it, and from this there is no appeal. In ordinary cases the judgments are definitive, when the amount in dispute does not exceed 200 francs. Beyond that amount an appeal lies to the Tribunal of Commerce; or, failing one of them, to the civil courts. The appeals, however, are extremely few in practice. Every appeal must be made within three months; but in ordinary French law this is not allowed until at least eight days have elapsed since the notification of the judgment; the object of this being to give time to the loser to recover from the first feeling of annoyance at his defeat. The rule, however, does not apply in the case of judgments given by Conseils de Prud'hommes. A further appeal lies from the Tribunal of Commerce to the Court of Cassation. The Council may give provisional judgments, ordering the finding of security, and the making of payments on account. It has power to hold sittings in the factory or workshop where the dispute has arisen, and it has a right of entry to all places. The costs of a suit are borne by the loser, unless the Court specially orders each side to pay its own costs. The following is the table of fees : To the Secretary of the Council. For the letter of invitation to attend For each page of copies of papers sent. For a copy of the minutes certifying non-conciliation. To the Usher of the Council. 000 1348 For each citation (void in case the letter of invitation 1 0 For the notification of a judgment 1 5 In case the parties live more than three miles from the Court, the usher is allowed for each six miles: For the citation . 1 5 For the notification 1 8 When it is borne in mind that in at least three-fourths of all the cases that arise, the three-penny fee is all that is payable, and that |