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COURTS OF JUSTICE.
319
the lastnamed courts are the resident district-judge together with three assessors
chosen by the community from among persons of competent knowledge on the
questions at issue; the members of these courts are empowered with individual and
equal voting rights. Any one sentenced in any of these special courts has the right
of appeal to the general courts, or at all events to the High Court of Justice.
The military tribunals of the first instance — the courts martial (Krigsrätter) —
are constituted by four military men and one professional lawyer. The tribunal
of the second instance is a special Military Court of Appeal (Krigshovrätten),
constituted in a similar manner. Appeal may be made from that tribunal to
the High Court, where two military men also have seats when military cases
are being tried. With respect to the publicity of procedure and of the records
of the proceedings, the same regulations hold good as for the corresponding
general courts of justice. Consular jurisdiction is exercised by a Consular Justice,
who is invested with the powers of a police officer and distraining official,
and by a consular court; the Svea Hovrätt is the court of second instance and
the High Court of Justice the third and final instance.
It may be stated that there do not exist any ad hoc constituted courts of
justice for administrative cases, i. e. cases arising out of the discharge of
their functions by public servants. They fall under the purview of the
administrative board concerned. In 1909 a new authority was created,
which collaterally with the High Court of Justice was to serve as a final
instance for appeals against sentences pronounced by the said
administrative board, viz. the Supreme Administrative Court (Regeringsrätten,
"Crown Court") consists of seven Administrative Chief Justices
(Regeringsråd), one of whom, however, does duty in the Law Council. A very
large number of administrative cases come under the surveillance of the
Administrative Court, including all those for the consideration of which
juridical knowledge and experience are regarded as exclusively or
primarily requisite; these have been enumerated in a special Act. The cases
are brought forward and laid before the Court by officials attached to the
several departments of state. Other administrative suits are still dealt
with in the last resort by the Government, as is the case with administrative
questions generally. In cases respecting the administration of the Poor
Law, the Audit Court is that of final resort.
The courts of justice do not act as authorities for executing civil
judgments, that task lying with special bodies, chiefly administrative in
character. Claims for the recovery of a debt of which the creditor has
evidence in writing, are to be preferred either in the inferior courts of
justioe or before superior executive bodies. The decisions arrived at in
the latter case may be appealed against in the Court of Appeal, while a
debtor who has been sentenced to pay a claim which he repudiates, may
bring the matter before the notice of an inferior court of justice. To secure
the payment of a claim of which no written evidence exists and which
is not damages awarded in a court of law, assistance may be applied for
to the superior authority for carrying civil judgments into effect; the
result will be that, unless the man sued establishes a plea of incompetency
against the application, the claim will be treated as a judgment debt; even
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