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The number of convictions under each of the following heads: Murder, manslaughter, arson, robbery, burglary, rape, thefts over fifty dollars, other felonies, all other offences.

§ 354. The attorney general must prepare and cause to be printed blank tabular forms for the proper returns from the clerks of the several courts, embracing the particulars specified in the last section, and to transmit annually in the first week in July a sufficient number of such blanks for one year's returns to the clerks of the several courts mentioned in section

4. The several reports when received from the clerks must be filed and preserved with the records of the attorney general's office, and he must annually on or before the first Monday of December in each year, compile the statistical record of litigation in the state, required in section 353, which shall be duly recorded and certified by him in a book to be kept for that purpose in his office.

The purpose of these provisions is to bring annually before the legislature and the people, the state of the judicial department of the government. We can hardly urge too strongly the importance of providing the means of obtaining complete and accurate information, concerning the operations of that department. The operations of the legislative and executive departments are accessible and well known. But in the judicial, adequate information is nearly inaccessible. There are, it is true, immensefiles of papers, the judgment book, and the judgment rolls. To collect, from these scattered sources, all that is necessary to make known the working of the system, and the effect of

changes, is next to impossible. This information is most desirable. Without it, legislation upon the subject must be made upon a view of a few particulars without a view of the rest. There can be no safe comprehensive plan, unless the whole subject is presented together. The worst of all legislation, is that which makes a general law to suit a particular case; for it thus commonly happens, that while in that particular there is an amendment, the change affects another part for the worse. Without a view of the whole subject, neither the magnitude of an existing evil, nor the benefit of an existing provision is seen.

There is no reason for publicity in respect to any branch of the public service, that does not apply with increased force to this. No better view of the progress of public morals, in either direction can be obtained than from the records of the courts. Nor is there, within the whole circle of influences, preventive or penal, that operate upon the administration of justice, any one more efficacious, than that complete publicity which would follow from a periodical collection and condensation carefully made, of the proceedings in all the courts of the state; in short, an annual report of the statistics of litigation.

Nowhere in this country, nor in England, have such reports yet been made. But in France, annual reports have been published, as to the civil tribunals, since 1826, and as to the criminal tribunals, since 1831. The work there, is thoroughly systematized. The minister of justice watches over the operation of all the tribunals from the highest to the lowest; minute reports are made to him of their proceedings; and he annually presents a general report, made up from these, and consisting of a series of statistical tables, showing the number of cases brought in each of the courts of France, the nature of each case, its duration, the judgment pronounced, whether by default or after litigation, the number of cases settled, the number referred, the number arbitrated, the number settled by the tribunals of conciliation, the number of appeals and their result; the whole preceded by a summary from the minister, giving the most important conclusions deducible from the tables.

The report for the criminal department in 1846 consists of 34 folio pages in the general summary, and 298 pages of tables. (Compte General de l'administration de la justice criminelle en France, pendant l'annee, 1816.) The report for the civil department in 1845, consists of 48 folio pages in the general summary, and 389 pages of tables. (Compte General de l'administration de la justice civile et commerciale en France, pendant l'annee 1845.) The following are some of the facts stated in this report:

In 1846 there were placed on the calendars of the 361 civil tribunals 121,644 new causes. In 1845, 118,913

1844 119,928. The 1841. In this last

were placed on the calendars, and in number of causes has increased since year, (1841) there were 111,109. The increase for six years has been 10,535, about 10 per cent. Besides the 121,644 new causes commenced in 1846, the civil tribunals. had 46,767 remaining on hand undisposed of on the 31st of December, 1845, and 8,584 were restored to the calendars during the year, after having been previously stricken from them as terminated-making in all 176,995 causes, new and old-In 1846 the civil tribunals disposed of 130,397 causes on their calendars; in 1845 of 126,699; in 1844, of 128,529. The average number of suits terminated from 1841 to 1845, was 123,768; of the suits terminated in 1846, the number of 63,083 were disposed of by final judgment after litigation; 32,397 by judgment of default, and 34,917 were stricken from the calendars in consequence of abandonment or settlement. Of this last number, 11,759 were not settled until after preparatory or interlocutory judgment had been rendered, which led to the amicable solution.-As to the duration of the cases, 130,397 civil suits were terminated in 1846; and are classed as follows: 47,857 were not on the calendar three months; 23,606 were on the calendar from three to sixmonths; 33,454 from six to twelve months; 18,133 from one to two years, and 7,347 more than two years. In 1846 these civil tribunals pronounced 48,824 definitive judgments in the cases brought directly before them without being first inscribed on the general calendars. Of these, 38,854 were decided in open court, and 9,970 at chambers.

In 1846, 207,219 new suits were brought before the 390 commercial tribunals of France. On the 31st of December, 1845, there remained undisposed of 7,932 causes, and 3,864 which had been considered as terminated by settlement or abandonment, were again brought before the court in 1846. These two classes of old suits united, added to the 207,279 new suits, form a total of 219,033 causes to be tried. Of these 219,033 suits, 69,323 were disposed of by litigation; 115,308 by default; 4,019 were sent by the court before arbitrators, and 32,705 were stricken from the calendar ast terminated by abandonment or settlement. Only 7,678 remained undisposed of on the 31st of December, 1846.

Of 986,123 cases brought for conciliation in 1846, by a simple notice to appear, (billet d'avertissement,) 726,556, or 74-100, were immediately settled by the care of the conciliating magistrate.

It will be long, we fear, before the people of this state have so complete a body of statistics presented to them respecting their tribunals; but a beginning may now be made, and a system established, which will lead to constant improvement.

The attorney-general seems to be the proper officer to take charge of such a work. He is a high law officer of the state, and stands in an intimate relation with the whole judicial establishment. From him the people may expect carefully prepared statements, and useful suggestions for the despatch of business in the various tribunals.

CHAPTER II.

DISTRICT ATTORNEYS.

SECTION 355. District attorney in each county, how elected or appointed. 356. His removal from office.

357. He is the public prosecutor in his county.

358. Must attend courts of oyer and terminer and sessions, and city courts, in his county.

359. If he fail to do so, substitute how appointed, and his compensation. 360. When to institute proceedings before magistrates, and attend before the magistrate and grand jury,

361. When to prosecute for penalties and forfeitures.

362. To deliver receipt for money received by him, and file duplicate. 363. His accounts, when and how filed.

364. Action against him for failure to pay over money.

365, 366. Salary, how fixed and paid.

367. In what cases, he cannot act as attorney or counsel, in acivil action. 368. Must keep a register, and deliver it to his successor.

§ 355. There is a district attorney in each county in this state, who is elected by the electors of the county, or, when his office becomes vacant, is appointed, in the manner prescribed by the constitution and by special statutes.

§ 356. The district attorney may be removed from office, by the court for the trial of impeachments, upon an impeachment by the assembly, for wilful and corrupt misconduct in office.

§ 357. The district attorney in each county, is the public prosecutor therein.

§ 358. He must attend the courts of oyer and terminer and sessions in his county, and the city court, if any, having criminal jurisdiction therein, and conduct,

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