The circondario plays an unimportant part in the local administration. Its chief officer is an under-prefect, who represents the central power. The mandamento is a judicial district for the pretor, and, like the circondario, is of little con sequence as an administrative area.
The commune is the lowest administrative unit, and, like the province, has its own elected council. The chief executive officer in the com mune is the syndic or mayor. By a recent law the syndics of all the communes, irrespective of their population, are chosen by the Communal Councils from their own membership. The func tions of the syndic are twofold: he is the local municipal magistrate, and at the same time the agent of the central Government in the com mune. As mayor he presides over the Council, executes its ordinances, is the custodian of com munal property and institutions, and takes measures for the public health and safety. As agent of the central Government he publishes and executes the national laws and ordinances, and performs various duties which relate to matters of central concern. The Communal Coun cil is chosen by the same electorate as that which selects the Provincial Council and for the same term. It meets ordinarily twice a year, and is presided over by the syndic. It is subject to central control, and may be dissolved by the King. Its duties include a large con trol over the communal civil service, the care and management of communal property and in stitutions, and the administration of a large number of purely local matters. in each com mune is also an organ known as the municipal junta, composed of the syndic and a number of assessors elected by the Communal Council. It corresponds to the deputation in the province, i.e. it conducts the affairs of the commune when the Council is not in session.
The judicial system of Italy, like the adminis trative system, is modeled largely on that of France. The lowest judicial functionaries are the consigliatori, one of whom is appointed by the King for. each commune. He serves for three years and without pay. His jurisdiction extends to civil actions in which only a small amount is involved. Above this officer is the pretor. whose territorial jurisdiction is the mandamento. a district comprising several communes. His com petence in civil matters extends, among others, to all actions in which the amount involved does not exceed 1500 lire, and he has an appellate ju risdiction over the decisions of the consigliatore. In criminal matters his jurisdiction extends to all misdemeanors and crimes punishable by imprison ment for a period not exceeding three months, or banishment not exceeding one year, or by fine riot exceeding $200. Above the Court of the
Pretor is the Civil and Correctional Tribunal, which is divided into chambers, one of which sits in each of the most important cities of Italy. Its jurisdiction in civil matters extends to ap peals from the decisions of the pretor and to those civil actions for which neither the pretor nor the consigliatore is competent. Together with a number of men prominent in trade and commerce, it sits as a court for the adjudication of commercial disputes. It is also a criminal Qourt for offenses not eiqmizable by the pretor, and has appellate jurisdiction over appeals from the decisions of the pretor.
There are twenty courts of appeal in Italy, each of which is divided into chambers. Their ammliate jurisdiction extends to decisions of the civil and eorreetional tribunal, 1n ap pellate court district there are one or more cimrts of assize, composed of it judge of the Court of Appeal and two assessors. and generally a jury of fourteen men. The criminal jurisdietion of the Court of Assize extends to crimes punish able by imprisonment for a long period of time, to offenses against the security of the State, and to press offenses.
The highest judicial tribunals in Italy are the courts of causation, of which there are five. one at Florence, one at Naples. one at Palermo, one at Turin, and one at Dome. Each is composed of a first president, several presi dents of sections, and from eight to sixteen judges. Eaell is divided into two chambers, one civil, the other criminal. Each is the court of last resort within its own district, but, unlike the Supreme Court of the United States, has power only to quash the decisions of the lower courts on aceount of errors in law, and send them back for rehearing. Like all European courts, they have no power to declare statutes null and void on account of their repugnance to the Constitution. As in France, the so-called separation of justice from administration exists, and a series of administrative tribunals, modeled after those of France, have been created. The highest of these is the judicial section of the Council of State. A source of danger to the Italian judiciary is its lack of independence as over against the administration. The judges are irremovable after three years of service, hut they may be transferred to less desirable judicial stations by the Minister in the 'interest of the service.' It is claimed that this power has been abused to the detriment of the judicial service.