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COURTS OF JUSTICE.
317
In a town justice is administered in the first instance by the Borough
Court (Rådstuvurätt), which in the larger towns is divided into two or
more divisions, each being empowered to pass judgment alone. The
members of the borough court, who at any rate to some extent form at the
same time the ordinary administrative authority of the town (the
so-termed Magistracy), are three in number: one Borgmästare (Mayor) and
two Rådmän (åldermen). These officials are salaried by the town and are
instituted to their offices by election; the rådmän in Stockholm and
the borgmästare throughout the country, however, are appointed by the
Government, though the choice is restricted to a list of three duly qualified
persons elected as candidates by the town (cf. State Administration p. 216).
The members of a borough court, with the exception of some rådmän in
certain of the smaller towns, are all professional lawyers. In certain cases falling
under Maritime Law the constituent membership of the borough court consists
of three ordinary members and of three experts, the latter being selected by
election. In cases falling under Commercial Law there are to be, at some of
the borough courts, in addition to two ordinary members versed in the law,
two other members versed in commercial practice, who shall be selected by
election to serve, but only in the event of one party to the case expressing a
desire to that effect; in the same way, at the Stockholm city court, when certain
cases falling under Patent Law occur, there are to be three members versed in
industrial matters, appointed by the Patents Authority, to act in conjunction
with the prescribed number of ordinary members of the court. It must be
added, however, that the stipulations just cited have hitherto been but little
resorted to. The members of a borough court always enjoy individual votes of
equal value. From the manner and conditions of appointment, as above detailed,
it follows that the personal qualifications of the members will in general be
higher, the larger the constituency which elects them. The borough court meets at
least once every week.
In cases concerning the Liberty of the Press, the question of whether
the publication arraigned is libellous or not is decided by a so-termed
Jury, to be constituted in the borough court. Three out of its membership
of nine persons are nominated by each of the parties to the suit, the
remainder bs^ the court.
The general tribunals of the second instance are the three Courts of
Appeal (hovrätter), viz. Svea Hovrätt, located in Stockholm, Göta
Hovrätt in Jönköping, and the Skåne and Blekinge Hovrätt in Kristianstad,
first-named established in 1614 by Gustavus Aclolphus. the second in
1634 by Queen Kristina’s tutors and the third in 1820. Each of
these Courts is constituted by a President together with a number of
Judges of Appeal (Hovrättsråd). Each court of appeal is subdivided into
divisions, from two to seven in number, in each of which five judges have
seats, and which can exercise judicial powers, provided there be a
minimum of four judges present. All cases, whatever their character or
importance may be, can be carried up to the courts of appeal from the lower
courts. The hovrätt is a full court of appeal for both civil and criminal
cases, where the facts of the case in question are again examined, and
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