11. DEPARTMENT OF JUSTICE. Justice, in civil and penal matters, is admin istered in Italy by justices of peace, county judges (etretors), tribunals, appellate courts, assizes, and the supreme courts.
Special laws regulate the jurisdiction of mili tary and naval crimes. A college of officials of the public ministry is established at every tri bunal and every 'court. Before the county judges (proctors) the functions of ' the public ministry are administered by vice-pretors and minor officials, or by ordinary citizens who are occasionally appointed by special delegation.
To each of the above-mentioned tribunals there may be supplied additional magistrates and auditors. The number of magistrates and judges of the different categories, and the boundaries of the territory wherein they exer cise jurisdiction, is fixed by law, and cannot be changed by executive power. This principle is important in relation to the fundamental•con stitution of the kingdom, that every man must be tried in the district where he is a resident.
The magistrates (except the judges of the peace) are all nominated by the king, at the proposal of the Minister of Justice, from among those who have the requirements prescribed by law. No one can become a magistrate who has not served his novitiate as an except the advocates and the solicitors, who may be received after a certain number of years of professional practice in the magis tracy, or as judges or as officials of the public ministry.
Auditors are admitted after oral or written examination, provided they have been admitted to the bar. After 18 months' practise they may pass by examination to the rank of additional judges. This is the source of supply from which future county judges (pre•tors) or judges are selected. Every other profession or office is forbidden to the magistrate, except that of county or common counsel and of deputy in Parliament, but with some restrictions concern ing the place of the election and the number of judges who may be deputies. There is a strong expression of public opinion which seeks to make this office incompatible with every other. The trials are public unless the judge considers that for moral reasons a case should be tried behind closed doors.
Justices of Peace.— In every community there is a justice of the peace, nominated by the first president of the court of appeals of his district, who must be selected from a list of eligibles submitted to him by the municipal authorities. This list is formed each year. The justice of the peace has two functions; one that of mediator and peacemaker in contro versies of every kind. He is obliged (if re quested by one of the quarreling parties) to attempt to bring matters to an agreement by summoning the other party, who, however, is not obliged to appear. Further, he has the function of judge in cases not concerning prop erty rights, as real estate, not exceeding 100 francs in value, and in cases concerning evic tions from the houses or farms, not exceeding 300 francs rental (about $60).
All suits of not more than $10 value are settled by the justice of the peace and can not be appealed. The competency of the jus tice of the peace is regulated in this manner by the new laws of 16 June 1892, No. 261; 28 July 1895, No. 455, and 24 Dec. 1896, No. 547, because the code of the civil law effective on 1 Jan. 1866 (at the time of the legislative and administrative unification of the new kingdom of Italy after the wars of 1859 and 1860), circumscribed the competency to $6. The en largement of power did not have good results, so there is possible a return to the former re striction that the justice of the peace may be peacemaker for all kinds of controversies but can only act as judge in cases of small money value.
County In every district there is a county judge (prator) to whom, according to the pressure and importance of his work, can be assigned one or more assistants, selected from recent graduates of a law school or from the assistant judges. The assistant judge can be nominated county judge after two years' practise as assistant. The county judges pass sentence, in civil and commercial matters, in lawsuits of a greater value than those over which the justice of the peace presides, but which may not exceed $300, except suits of honorary civil or political rights wherein the state is interested. Further, they pass sentence in lawsuits of any value concerning personal possession.