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THE ADMINISTRATION OF JUSTICE.
229
In Sweden, as elsewhere, a distinction is made between General and Special
Courts of Justice. During the course of the 19th century the Swedish system
of judicature has been not immaterially simplified by the abolition of several
courts, whose jurisdiction was limited in one direction or another, numbers of
important branches of juridical business being at the same time transferred from
other authorities to the purview of the Courts of Justice. The General Courts of
Justice are all of them resorts both for criminal and civil cases. Special Petty
Cour 18 of Justice (so-called Bagatelle Courts) for matters of less moment are
unknown. They may be said, however, to have some sort of counterpart in
the Police-Courts, established in certain of the larger towns — such courts having
jurisdictional powers conferred upon them.
As regards lower courts of justice, a town forms a jurisdiction
quite apart from that of a rural district. This distinction of town from
country dates from the time before the enactment of the Code of 1734;
then rural districts and towns were governed by separate laws.
The country as distinct from the towns is divided into 119 judicial
districts, termed Domsagor, each with a District-judge (Häradshöfding).
A Domsaga may consist of two ore more subdivisions, so that the actual
number of judicial divisions (Tingslag) is at present 261. Each
Tings-lag has its District-court (Häradsrätt), that being the ordinary lower
court of justice. Such a court is constituted by a duly qualified legal
official in the person of the District-judge (see above) who presides, and
of twelve unsalaried jurymen (Nämndemän), chosen by public election,
who assist in the proceedings.
The Nämndemän, of whom at least 7 must be in attendance, are called
upon to assist the District-judge in deciding upon both legal and practical
questions. When a difference of opinion arises, the vote of the judge is decisive,
unless all the nämndemän present are unanimous on the other side. The above
statement, however, may be misleading in so far as the reader will scarcely be
likely to deduce from it an adequate idea of the real extent of the influence
accruing to the nämndemän; an influence largely due to their accurate knowledge
concerning persons and affairs in their locality. This is especially marked where
— as is very often the case — the nämndemän have gained experience also in
the routine business of the court by virtue of many years of service. It may,
therefore, be unhesitatingly averred that the lay element in the district-courts
makes itself very effectively felt, being not only a valuable addition to the
deliberative strength of the court itself, but a surety in the eyes of the general
public for the justice and humanity of the decisions there arrived at. — The
legal element in these district-courts is also possessed of a greater degree of
authoritative strength than might be imagined by any one who was casually
informed of the composition of the same. The position of District-judge is a
highly esteemed one; as it, moreover, carries with it a relatively speaking
large salary, such a position attracts well experienced, and not infrequently
highly distinguished, lawyers. It is the custom, furthermore, for a new-fledged
lawyer, fresh from his studies at the university, to spend two or more years in the
employ of a district-judge, that he may thereby acquire practical experience of
juridical procedure; during this period of his apprenticeship, which has come to
be looked upon almost as an obligatory part of his training, he will discharge,
in his own person and on his own responsibility, the duties of his chief for a
period of at least some months, covering a number of sittings of the court.
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