leave their nationals to the mercy of Japanese courts, unless the laws were codified according to Western models.

A list of the new codes is taken, with slight modifications, from Chamberlain's "Things Japanese," which has been especially helpful in the preparation of this chapter.

The new codes resulting from the legislative activity of the present reign are: (1) the Criminal Code and the Code of Criminal Procedure, drafted by Monsieur Boissonade, on the basis of the Code Napoleon, with modifications suggested by the old Japanese Criminal Law; these were published in 1880, and came into force in 1882; the Code of Criminal Procedure was, however, revised in 1890, in order that it might be uniform with the Code of Civil Procedure, according to the provisions of (2) the Law of the Organization of the Judicial Courts, promulgated in the month of February, 1890, and put into force on November 1 of the same year; (3) the Code of Civil Procedure, which went into effect at once; (4) the Civil Code, and (5) the Commercial Code, which were put into force in 1898; and (6) divers statutes on miscellaneous subjects.1

There are, according to the Japanese Criminal Code, three kinds of crimes, of two degrees, major

1 These new codes are available in English, as follows: The Civil Code, by Gubbins; the Civil Code and the Commercial Code, by Lönholm and Terry; the Commercial Code, the Criminal Code, and the Code of Civil Procedure, in official translations.

and minor. The three kinds are: (1) against the State or the Imperial Family, and in violation of the public credit, policy, peace, health, etc,; (2) against person and property; and (3) police offences. Major crimes are punishable by (1) death by hanging; (2) deportation with or without hard labor, for life or for a term of years; and (3) imprisonment on similar terms. Minor crimes are punishable by fines and confinement with or without hard labor. What are called police offences are punishable by small fines running from 5 sen to 2 yen, and by detention for from 1 to 10 days without hard labor. In cases of capital punishment no public visitors, only the necessary officials, are allowed to be present. Deportation is usually made to the northern island of Yezo, to work generally in the mines.

Convicts are easily recognizable by their "crushed strawberry" uniforms, and are often seen in public; for convict labor, in the case both of individuals and of gangs, is utilized by the authorities. In fact, all prisoners, according to their abilities, are required to labor nine hours each day in some kind of employment, either inside or outside of the prison.

The Japanese policeman is one of the most interesting "characters" of his nation. He is the successor of the samurai, who, in the old régime, took upon themselves the duty of enforcing justice. possesses all the pomp and dignity of his knightly predecessor; and he, too, carries a sword. All the

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people, from children up to grandfather, stand in complete awe of him. And well may they be afraid; for in his dealings, at least with the common people, he manifests no gentleness, but by his dictatorial manners compels the utmost respect for himself and the law. He seldom has to use force in making an arrest, unless in the cases of the professional criminals; and he does not usually find it necessary to use handcuffs, as a strong cord will serve his purpose on ordinary occasions. He is more easily to be found, when wanted, than the proverbial American policeman. He is poorly paid, but richly faithful, and in every sense of the words upholds the dignity of the law. His figure clad in white or blue uniform, respectively, for five and seven months of the year, is familiar and welcome to foreigners, because to them he is invariably kind and courteous.

When a person suspected of some crime or misdemeanor has been arrested by the police, he is taken to the nearest detention station and put through preliminary investigation before the judge of the local court. As this may be delayed, and bail allowed or not at the discretion of the judge, accused persons are sometimes kept in detention for a considerable period. No counsel is allowed at this secret preliminary examination before a kind of justice of peace. The latter, from the evidence, either dismisses the prisoner, or imposes a suitable punishment, or remands him for trial before the proper court,

A trial in Japan, as in France, is of the "inquisitorial" type, and is conducted by the judge (or judges) alone. "All questions by counsel must be put through him. Counsel do not so much defend their clients as represent them." Witnesses are sworn, SO to speak, by "a solemn asseveration," without " any religious sanction"; and this takes the form of a written document "duly signed and sealed." The government is represented by the public procurator, who seems to combine in one person the duties of inspector, grand jury, and prosecuting attorney. Hearsay evidence is admitted; and circumstantial evidence has no small influence.

Japanese courts are organized according to the French system, with some modifications along German lines. They are four in kind, from the Local Court, through the District or Provincial Court, and the Court of Appeal, up to the Supreme Court. The local courts have jurisdiction over police offences and some minor crimes; the district courts conduct preliminary investigations and have jurisdiction over crimes; the courts of appeal hear new trials; while the supreme court hears criminal appeals on matters of law. Japanese courts are very solemn places, with strict regulations as to costume, ceremony, and conduct.

The Japanese judiciary is, by this time, pretty much weeded out of the old judges with antiquated notions, and consists very largely of comparatively young men, educated in the modern systems. A