pair has cognizance of minor offences whose punishment cannot exceed a fine of fifteen francs or imprisonment for five days.

In Spain

As the French revolutionists had borrowed from England so the Spanish reformers borrowed from France, or perhaps directly from England itself, since they were somewhat under the influence of the great English law reformer, Jeremy Bentham. Prior to the early years of the nineteenth century certain of the Alcaldes were vested with a limited civil and criminal jurisdiction. The Cadiz constitution of 1812, framed. under the influence of the reformers, established the "juicio de conciliacion" probably taken from the Code Napoleon which had been promulgated only eight years before. This was designated as the "juicio de paz" in the "Reglamento provicional para la administración de justicia" of 18353 and twenty years later the office of "juez de paz" was established under that name, (one being appointed for each pueblo in Spain having an ayuntamiento or government building) with both civil and criminal jurisdiction. 4

Three decades after the office of justice of the peace had been established in the Peninsula it was transplanted to the Philippines. A Royal Decree of May 29, 1885, provided for the appointment by the Governor-General, upon the nomination of the President (Chief Justice) of the Audiencia of Manila, of justices of the peace. They were municipal officers 6 having jurisdiction 7 wherein the amount claimed did not exceed two hundred pesos, in administration proceedings 8 to make preliminary orders in pueblos

In the Philippines

5

1 Berriz, Guia Práctica de los Juzgados de Paz (Manila 1893) Tomo

II pag. 1.

2 Id.

3 Id.

4 Robles, Manual de los Jueces de Paz (Iloilo 1887) p. 11.

5 Berriz. Guia Práctica de los Juzgados de Paz (Manila, 1893) Tomo II pág. 3 where the Decree is given in full. The President of the Audiencia received nominations from the judges of first instance throughout the archipelago who in turn consulted the parish priest of the town and the civil governor of the province. See Rep. Phil. Com. 1900 Vol. I. p. 59.

6 See Robles p. 59. In the Organic Provisions they are everywhere mentioned in the same category as municipal judges.

7 Sánchez, Compilación de los disposiciones orgánicas de la administración de Justicia en los Provincias de Ultramar. (Madrid 1891) Secs. 183, 184, 8 It is difficult to make the present justices understand that this branch of their jurisdiction has been abolished. In spite of reiterated instructions, cases are continually arising where they attempt to determine questions of heirship and administration.

where no court of first instance held sessions, in proceedings for conciliation and various other civil matters; also "to take cognizance of offenses in first instance" and to conduct preliminary proceedings in criminal cases. 1

Such in brief was the system that continued in force, nominally at least, for sixteen years. During the revolution courts. of justices of the peace, like other courts, became dormant in certain parts of the Archipelago, but orders were issued by the military governor from time to time, reviving and continuing them and in theory there was no change until the epoch-making legislation of the civil commission in the opening year of the twentieth century. 3 Even then the existing courts of justices of the peace were expressly recognized and continued. 4 Their jurisdiction was limited in certain directions and extended in others but both it and the procedure were so changed as to conform closely to those in justice of the peace courts in the United

The Blended System

States. Thus the circuit was complete. The two streams which had started in medieval England had flowed in opposite directions but met and mingled in the Philippines. The product forms an interesting chapter in the comparative study of a humble but important branch of judicial institutions and symbolizes the spread of Anglo-Saxon civilization around the globe.

As in England the office boasts of its greatest antiquity, so there also it has reached its fullest development. Not only have the functions of the individual justice increased to such an extent that he is now called the "state's man of all work"5 but the justices collectively of the shire, or a sub-division thereof, are vested with important duties (discharged only in "sessions" or meetings) connected with local administration. 6 Somewhat

1 The criminal jurisdiction of the justice was treated in a work on the Código Penal (Manila 1895) by Don Angel Selma y Cordero, Judge of First Instance of Bataan.

2 Proclamation of Aug. 14. II Acts of the Commission, 567; Gen. Orders 1899, Nos. 21, 22; 1900, No. 59.

3 Acts 136, 190.

4 Act. 136, Sec. 66; post p. 10.

5 Maitland, Justice and Police p. 92.

6 Id. pp. 89, 90, 111, 166; Howard, Development of the King's

Peace. etc., 1 Neb. Univ. Studies 284 et seq.

The functions of the "quarter sessions" were largely removed by the Local Government Act. of 1888 (51 & 52 Vict. c. 41) but those of the special and petty sessions generally remain. Id. 287.

Future

the order of these "sessions" are the provincial assemblies of justices of the peace now established in the Philippines, except that the latter are, for the present, at least, given no administrative powers. Every judge of first instance is now required to call once each year an assembly of the justices in each province of his district. But though designed as yet for purposes of instruction only, it requires no gift of prophecy to foresee how these assemblies may ultimately develop into recognized provincial institutions with administrative powers as important in their way as those of their English progenitors. Nay, more, signs are not wanting that the prestige and functions of the individual justice in the Philippines are destined to Possibilities increase until he becomes the principal official of the municipio. Who knows but that the abuses constantly charged against elective municipal officials and the problems connected with Philippine local government may finally lead to, and find a solution in, the elevation to the first place in the municipality of the once humble, but ancient, time honored and widespread office of justice of the peace? In this connection the Filipino people may well ponder the declaration of a contemporary political scientist that "The self-government on which the Anglo-American prides himself owes an incalculable debt to the administrative courts of the justices of the peace as they developed in England."

Remarks of the Author upon Opening the Samar School for Justices of the Peace at Catbalogan, Feb. 28, 1906. * Officials and Justices of Samar:

I congratulate you upon the auspicious opening of what, so far as I know, is the first school of instruction for justices of

1 Bowman, American Administrative Tribunals, XXI Pol. Sc. Quar. 625. * This was the first of three assemblies conducted by the author while presiding in the Twelfth Judicial District. It was called pursuant to a previous arrangement with Gov. Curry of Samar, by a circular issued from his office under date of Feb. 6, and altho Act 1450, which first provided for such assemblies, had been passed two days earlier, the news of its enactment had not yet reached that District.

peace in the Philippines. I sincerely hope that, in connection with the important law passed by the commission on the 3rd of the present month, copies of which are distributed to you today, it may mark a new and better era in the history of the justice courts. We will all, I think, agree that there has been great need of reform in these courts. But that need has not been peculiar to the Philippines; it is felt also in the United States. Nor have the evils complained of been due entirely or even largely to individuals. Considering the obstacles under which they have labored, the lack of proper supervision and instruction, the difficulty of procuring complete sets of our laws and of selecting from the mass thereof those that affect these courts - above all the disturbed economic and political conditions of recent years— the marvel is that the justices have done so well.

I desire at this time to call attention briefly to the place and character of these courts and the work that they have to do and to offer some general suggestions about the manner of doing it. First of all they are an integral part of the Philippine judicial system. The justices of the peace form the base of that system just as the Supreme Court forms its apex and the one court is quite as important in its place as the other. Many more people, indeed, are affected directly by the primary

courts.

The justice of the peace, as the Attorney General has pointed out (I Op. 108) is not a municipal official in the sense that the president and councilmen are. He is part of an insular system which is entirely separate and distinct, not only from all local officers, but from the executive and law-making branches of the government generally. The justice, therefore, ought, and thanks to the new system of appointment, can, occupy a perfectly independent position. He should ignore all 'partidos" rise above all "disgustos" and be what the law expects of a judicial officer-impartial. This does not mean that you should hesitate for a moment to interfere when the law has been violated, merely because the violators are members or leaders of a "partido". On the contrary you should exercise your power to enforce rights. and punish wrongs, regardless of whom it may affect and without fear or favor. But be careful not to become the tool of some designing individual or faction. You can and should be absolutely independent in the performance of your duties, feeling sure that in all right actions you will be supported by your superiors.

The justice of the peace ought to be the protector of the weak and helpless. Yours is essentially the poor man's court, for the great mass of the poor are unable to resort to any other. The strong members of society will generally look after themselves but the real test of any system of justice is the degree in which the rights of the weak are respected. Look well to the interests of the poor and ignorant suitor, listen patiently to his grievances and assist him in preparing the necessary court paper. Be as careful to enforce the rights of the owner of the little nipa house as those of the wealthy hecendero.

Finally the justice of the peace ought to be the legal adviser of his community. Most of you live in towns remote from the provincial fiscal and where no lawyer will locate for many years if ever. There should be some official to whom the people can go for information about the laws under which they live and that official is logically the justice of the peace. He should encourage people to come to him for this purpose because it will enable him to prevent litigation and settle many cases out of court, and the justice who does not try to settle cases falls far short of his duty. The former Code of Civil Procedure (Art. 454) required the justice in every case to endeavor to bring about at settlement before entering upon the trial and while that Code is no longer in force the spirit of the article ought still observed.

to be

But in order to advise the people intelligently or conduct his court properly the justice must know the law himself and this requires long and patient study. I do not mean that he should take a course like that required of a lawyer for admission, but he should read carefully and understand all acts and decisions relating to his court. I am aware that this has not been very easy for I learn that many of you have not a complete set the Official Gazette or even of the acts of the commision. Besides those acts alone now number nearly 1500, and it no easy task, even for a trained lawyer, to select from them all that are still in force in relation to justices of the peace. For this reason I have found it necessary to prepare for your use during this session a Manual containing these acts as amended, arranged according to subject, with comment on the sections which may need explanation, and, where they have been construed by the courts or the Attorney General, brief notes of these. Typewritten copies of this Manual will be distributed among you to form a