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230
III. CONSTITUTION AND ADMINISTRATION OF SWEDEN.
One decidedly weak point in the district-courts is that the ordinary sessions
are even in the most favourable cases too few and far between; extra sessions
are appointed to be held, it is true, for dealing with cases of personal arrest,
among other things. The inevitable delay in the administration of justice that
the infrequency of the sessions entails is further enhanced by the difficulty
that exists, owing to a variety of circumstances of both judicial and practical
character, in effecting that concentration in the conduct of legal proceedings that
would be so great a boon to all parties concerned.
In a town, justice is administered in the first instance by the
Town-court (Rådstufvnrätt), which in the larger towns is divided into two
or more divisions, each being empowered to pass judgment alone. The
members of the Town-court, who form at the same time the ordinary
administrative authority of the town (termed magistracy), are three in
number: the Mayor (borgmästare) and at least two Aldermen (rådmän).
These officials are salaried by the town and are instituted to their
offices by election; the aldermen in Stockholm and all the mayors are
appointed by the Government, the choice being, nevertheless, restricted
to a list of three duly qualified persons elected as candidates by the town.
The members of a Town-court, with the exception of some aldermen in
certain of the smaller towns, are all professional lawyers. In certain cases
falling under Maritime Law, the constituent membership of the Town-court
consists of three ordinary members and of three experts, these latter appointed by
election; nowadays a similar arrangement is also to be met with in certain cases
with regard to patent rights. Members of a Town-court always enjoy individual
votes of equal value. By reason of the manner of appointment, as above detailed,
it follows that the personal qualifications of the members will in general be higher,
the larger the constituency which elects them. The Town-court meets at least
once every week.
In cases touching upon the liberty of the press, the question of whether
the publication arraigned is libelous or not is decided by a Jury. Three out
of its membership of nine persons are nominated by each of the parties to the
suit, the remainder by the court. For sentencing, at least six votes are required.
The general tribunals of the second instance are the three Courts
of appeal (Hofrätter), viz. Svea Hofrätt in Stockholm, Göta Hofrätt in
Jönköping, and the Hofrätt for the provinces of Skåne and Blekinge in
Kristianstad. Each of these Courts is constituted by a President together
with a number of Judges of appeal (Hofrättsråd) and Deputy judges
(Assessorer). Each Court of appeal is subdivided into »divisions», from
two to seven in number, in which five Judges have seats, and which
exercise judicial powers, provided there be a minimum of four Justices
present. All cases, whatever their character or importance may be, can
be pursued to the Courts of appeal from lower courts. The Hofrätt is
a full court of appeal for both civil and criminal cases, where
consequently the actual facts of the case in question are again thoroughly
sifted, and fresh evidence may be adduced. The cases are brought
forward, in some instances, by constituent members of the tribunal, in
others by special officials attached to it.
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