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At Kristiania and Bergen there is a special tribunal, byretten
(the Town Court), consisting of several members, three of whom
form the court in civil affairs of first instance where the amount
is at least 32 kroner, while one member is sufficient for lesser
amounts. At Kristiania and Bergen the decisions of the bankruptcy
court and the court of Probate, seizures and sales after seizure,
may be carried on appeal before the town court, while everywhere
else the decisions of this nature are carried before the appellate
courts. The town courts of Kristiania and Bergen are thus on a
footing of equality with the latter, and their sentences may, like
those of the appellate courts, be appealed to the Supreme Court.
The members of these town courts preside in rotation, changing
every six months, at the different special courts, civil or criminal,
whose judicial personnel is taken from the number of town court
judges.
Outside the territories of the above mentioned towns the
judgments of the tribunals of first instance in civil matters —
provided that the amount in dispute is 32 kroner or more — are
carried in second instance before the appellate courts (overretterne),
which only judge in civil matters. The seats of these tribunals of
second instance are Kristiania, Bergen and Trondhjem, and they
are composed of a president and two judges.
At the above mentioned civil tribunals the proceedings are
at present conducted in writing.
The Supreme Court (høiesteret) is the court of final resort
and pronounces judgment on appeal in all civil matters where
the pecuniary interest is such as admits of appeal. The members
of the Supreme Court sit in rotation, a president and six judges
for each affair. The procedure is generally oral.
Except the cases to be dealt with by the High Court of the
Realm (see page 183), and military crimes, which are judged in
first instance by the courts-martial, and on appeal by the Supreme
Court assisted by two superior officers, — the regular criminal
courts are the following:
1. The Supreme Court which is a court of error, and in
some cases pronounces sentences on appeal (see page 199).
2. The Committee of Complaints of the Supreme Court
(høiesterets kjæremaalsudvalg) which has the final decision on complaints
raised during the trial of cases (orders of the court concerning
the obligation of witnesses to give evidence, etc.).
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