beside the point, having no bearing on the position of the lawyers. His references all apply to the jury.

The Sanskrit term for the pleader who is appointed #fafafa (representative) to speak on one's behalf is fan (niyogi) or one who has received an appointment i.e., 'a power of attorney' or Vakalatnama. The ideas conveyed by this term have been expressed in 11. 216-33 (Section V of Chapter IV) by means of verbs or verbal adjectives such as नियुक्त, नियोगित, नियोक्तवत्र, and nouns such as नियोग, नियोगौ, नियोगकृत । The words come from the same root which implies an ‘appointment' (fa) by somebody. This radical meaning of the term elucidates another very important point in connexion with the position of the pleader. For the modern idea of 'representation,' proxy or personation is clearly indicated in the following statements of Sukra regarding the persons appointed'. We quote the following from Prof. Sarkar's translation of 11. 216-19 and 222-23: "Representatives have to be appointed by the plaintiff and defendant who do not know the legal procedure ( व्यवहारानभिज्ञ ) or who are busy with other affairs ( अन्य कार्याकुल), or who are not good speakers (), who are foolish, mad, and old, and females, children, and the diseased. Friends also may be appointed ( नियुक्त ) to answer queries (gafa). If somebody has a thing done by somebody appointed by him, the work done by the latter is known to be done by the former" यः कश्चित कारयेत् किंचिन्नियोगाद् येन केनचित। तत तेनैव कृत' ज्ञेयंमनिवार्यं हि तत मतं ॥ ) That is also known to be binding (afa")." The following is Mr. Sarkars note to these lines :

"Pleaders and lawyers are to represent such

persons and state their cases as their own. The theory underlying the appointment of pleaders is this. For the time being they become the defendants, and the complainants, other selves, so to speak, and become in fact the defendents and complainants. The proxy becomes the original by a sort of legal fiction for the purpose of answering queries and asking questions."

Mr. Jayaswal's remark, therefore, that 'the employment of Hindu advocates was not based on the principle of agency'

cannot stand. His reference to the 10th and 13th slokas of Section 5 of chapter IV of Sukraniti does not give us anything

bearing on the points in question. Agai as his text differs from ours we cannot trace it to the source. In any case, so far as Sukraniti is concerned, there can be no

doubt as to the very modern character the legal profession.

That the term नियोगी or man with th vakalatnama is the exact equivalent of the pleader who is authorised to represent an

f(plaintiff) or a af (defendant) is clear, again, from the following rule (11. 232-33): "If somebody is neither a brother, nor the father, nor son, nor a pleader, but speaks on others' interests (i.e., for or against the two parties), he should be punished." The law-suits can be brought forward by three classes of men: (1) the parties themselves (2) the King should accept cases even they are brought forward by father. mother, friend, brother, and other relatives (11. 220-21); and (3) niyogis or persons appointed' to act on one's behalf, amor whom may be friends also (1. 219). Th import of 11. 232-33 is that anybody wh does not belong to the 2nd and 3rd classes of persons, i.e., who is neither the 1st class (or the party concerned) nor persons wh are legally entitled to personate the parties concerned (as belonging to 2nd or 3rd class) should be punished. Mr. Jayaswal's reference to अनिय प्रभाषी which we have not relevant here. For by the dictum of Sutra been able to trace to the source is also in 11. 232-33, the 'unappointed' man who espouses one side is punishable; i.e., nobody is entitled to plead' without a

vakalatnama.

J

This statement of Sukra does not contradict 11. 53-54 quoted above; for there the reference is to the jury or non-official judges and not to the pleaders or representatives. It would thus appear that any body, whether appointed or unappointed, can be a member of the jury to help the King in the administration of justice. But only the 'appointed' persons or those who have been authorised by a power of attorney or vakalatnama, or are entitled because of blood-relationship or kinship can speak on one's behalf or advocate ones' cause as pleaders; i.e., the persons who want to represent somebody must produce the letters of appointment. The distinction between the jury who are to take no side but are to sit in judg ment and ment and help in the trial and the

citizens is in a position to give to his children a good school education free. Those who on one ground or other neglect to send their children to school have to appear before the authorities and justify their conduct and when cogent reasons are not put forward for such neglect they have to await a certain punishment. Because of the strict carrying out of the existing school laws, which are nowhere more stringent than in Germany number of illiterates is not even one in a thousand. The following table will enable us to compare the percentage of illiterates in the European countries and the United States of America.

the

In 1000 Inhabitants.

356

475

786 884

617

3.7

5

830

681

107

KINDER SCHULEN

Infant Schools, Kindergarten Schools, or Nurseries.

Many parents send their little ones at a very early age to an Infant School or Nursery where the children, under continuous care and supervision during the tender years from three till five, are enabled to get into the habit of learning certain forms or arrangements purely from observation. That regular instruction is not given here is self-evident.

VOLKS SCHULEN

Folks Schools.

The folks schools or the Elementary schools are the foundations of German education and culture. Every child from its sixth to the completion of its fourteenth year must always attend a folks school. A system of instruction suited to their requirements may otherwise be imparted through a home tutor or tutress or through a governess. School fees are not collected in Folks Schools. The state and the parish

or municipality bear all costs of instruc tion, a part of the taxes being used tc: the reimbursement of costs such as the building of school houses, the paymen of the teaching staff, the provision of ap paratus of instruction, etc.

KNABEN UND MADCHEN SCHULEN

Boys' and Girls' Schools.

There exist separate elementary schools for boys and for girls. Only in little villages in the country the boys and girls ar educated together. Each creed has its own folks schools called denominational schools Mixed Confessional schools or Undenomi national schools are rare. The period of instruction as a rule is from 8 in the morn ing till 12 noon and from 2 to 4 P. M. The boys are taught by male teachers and th girls by school mistresses. The chief subjects taught are: German (to read and write Religion, Mathematics, History, Geography Natural History, National Economy, Sing ing, Drawing, Gymnastics and Sewing-the last only for girls.

DIRECTION AND SUPERVISION.

In the larger Folks schools there ar several teachers who work under the dire tion of a Rector or Head Master or Prin cipal. A School Deputation or a Schoo Committee formed from the distinguished citizens of the village conduct the manage ment of the schools under them in a purely businesslike way. For the selection and appointment of the teaching staff, the fixing of pay and scale, the provision, equipment and repairs of the apparatus of instruction, in fact all that come under the financial part concerned, sanction has to be obtained from the School Committee, which has a ready been approved by the state authorties. The inspection of these schools is vested in a district or local Inspector of Schools appointed by the state. These Ins pectors of Schools must from time to time inspect and report to the state about the work of the schools in their respective Districts. The central administration and Direction in Prussia rests with the Minister of Public Worship and Instruction at Berlin, and in Saxony, Bavaria, Wurttemberg and Baden, with the Head of the Depart ment of Education at the capitals of these states. The particular control of all offi cials and the conscientious execution of the duties of each officer are in this manner quite assured.

FORTBILDUNG SCHULEN.
Advanced Elementary Schools.

Besides those above mentioned there are so in the towns the so-called Advanced Elementary Schools, for apprentices over ourteen years old, who in these Evening asses may deepen and enlarge the knowedge already gained in the Folks Schools s far as Mathematics and Drawing for ractical life is concerned. The attendance optional and in some institutions is bligatory as prescribed by the authorities. SEMINARIES Teachers' Colleges.

The teachers in the elementary schools nd the middle schools are educated in tate Seminaries for 3 years before their alling.

These teachers in former times were reuired to serve in the army only for six reeks after they had passed the Teachers' Examination. But since 1900 they are equired to serve one full year in the Infanry Regiments. Especially studious teachrs are not satisfied with the training hey get in the Seminaries. So they work rivately in order that they may pass he state examination held by the governnental Commission-the examination for ualifying them as middle school teachers nd also as Rectors. Hereby they open or themselves amongst other things the vay for being engaged sometimes in the ervice of Higher Institutions.

HOHERE LEHRANSTALTEN. Higher Educational Establishments. The Humanistischen Anstalten are Gramnar Schools. Such Grammar Schools are of two kinds. Those with nine years' course tre called Gymnasien, and those with six years' course Pro-Gymnasien. The classes are called from bottom to top: Sexta, Quinta, Quarta, Untertertia, Obertertia, Untersekunda, Obersekunda, Unterprima and Oberprima. The last three are wanting in the

Pro-Gymnasien. The subjects in both the schools are Latin, Greek, French, Mathematics. Religion, Natural Sciences, Drawing, Gymnastics, and Singing. The chief point is that Latin is taught from Sexta upwards and Latin and Greek from the Untertertia. In Quinta begins French. English is not at all taught in the ProGymnasium. In the Gymnasium it is only optional in the top three classes.

REAL ANSTALTEN.

The schools without Latin are the Real Anstalten-Real Schools,-the Ober Real schools with nine classes and the Realschools with six classes. Latin and Greek are not taught in these High Schools. Greater attention is however paid to German, French and English, Mathematics, Natural Science and Drawing. The other subjects agree with those of the Gymnasien. Teaching of French begins in the lowest class Sexta. English is started at the beginning of the 4th year in Untertertia.

REAL GYMNASIEN.

Something between the Gymnasien and the Real School are the Real Gymnasien and the Real pro-Gymnasien. The most noteworthy fact of these Institutions consists in that they like the Gymnasien have Latin and the Real Pro-Gymnasien like the Pro-Gymnasien have no Latin. Special stress is laid on the teaching of French and English, Mathematics and natural science. Greek however is not taught in these Institutions.

REFORMSCHulen-ReforM SCHOOLS.

In numerous towns lately Reform Schools, Reform Gymmnasien and Reform Real Gymnasien have been established.

The most renowned of these are those which have adopted the Frankfort Time Table or System. According to this system there is for the first thing a common three years' course in which in the classes Sexta, Quinta and Quarta only one foreign language, mostly French, is taught. At the commencement of the fourth year a slight deviation takes place. The institutions without Latin begin English and the Gymnasien and the Real Gymnasien begin Latin. After teaching Latin for two years the Gymnasien and the Real Gymnasien diverge in their courses, the former beginning Greek, the latter English. The advantage of the system consists in that the

Gymnasien and Real Gymnasien work evenly for five years and only in the sixth year the change takes place and until that time the pupils have time to decide whether they will enter now the Gymnasial or the Real Gymnasial direction.

With most of the above montioned institutions are connected Elementary schools with three classes.

BERECHTIGUNGEN

Privileges.

The successful attendance of the above mentioned establishments gives to the candidates (pupils who are going away) manifold privileges or rights which are not in the reach of young men from other institutions. The candidate's testimonial of age as well as qualification from these Gymnasial and Realistic Schools entitle without any further particulars to all studies in the Universities, High Schools and Military Schools, or in the Marine School (for would-be officers only). For the study of Theology, which requires a thorough knowledge of Latin and Greek, entrance to Universities is allowed only to the Gymnasial Candidates. Real school candidates who wish to study Theology must therefore pass a Supplementary Examination, i.e., the former Real Gymnasial pupil in Greek, and the former Ober Real School pupil in Latin and Greek. The testimonial of the Six years' Course and those for Obersekunda afford their owners the possibility for the one year's voluntary Military Service and for being appointed as the middle class of officials.

so

Testimonials are only given to candidates after they have undergone a severe written and oral examination-the called Abiturienten or Examination of Maturity. This Examination is held under the supervision of the Provincial School authority by specialists of the Institutes. Exceedingly clever candidates sometimes get free from the Orals.

HOLIDAYS.

The School year in North Germany is from Easter to Easter. In South Germany from Autumn to Autumn. The holidays amount to about a quarter of a year; at Easter 2 to 3 weeks. At Whitsunside 4 to 5 days, during the Mid Summer 4 to 6 weeks, at Christmas a fortnight. There is some fluctuation of the period more or less in the various provinces and confederate States.

AUTHORITY OF SUPERVISION.

All the Gymnasial as well as Real Gymnasial Establishments are under the supervision of the Provincial School Kollegian. Each Kollegian has a number of institutes in his province under his special care and inspects them mostly every two years. In the Examination for Maturity or the Abiturienten Examination the Provincial School College Council is as a rule personally present.

THE TEACHING STAFF.

Most teachers of these establishments in question are academically educated, and have as a signification of their profession the title Principal, Teacher or Scientific Assistant. Also candidates on probation are directed to many of those Institutions for one or two years. These gentlemen belong. ing to Teachers' College have passed State Examinations based upon several years study in the University-and this Examnation is held by a Royal Commission Teachers in the Elementary Schools have not to pass this examination. Besides those teachers already mentioned eac Institution has technical teachers such as Drawing Master, Drill Master, Singing Master, etc. In the lowest classes some times Elementary teachers teach technical subjects. The state and communal Gymna sium and Real Gymnasium Establishments are schools the pupils of which live with their parents or are elsewhere in boarding. The fee amounts, according to the establishment and the classes, from 80 to 250 marks yearly.

INSTITUTIONS FOR CADET CORPS.

For would-be officers (officers by profession) there are in Germany eleven Cadet Colleges. They are also called Cadet Houses. These are boarding schools, i. e.. the cadets live in the Institutions. As a rule the teaching is done according to the system of Real Gymnasium, namely, just the same as in the Humanistic and Realistic Institutions above mentioned, by academically educated teachers who in the majority of cases are officers of the Reserve or officers of the Militia (Land wher officer). direction is confided in a high active Officer. The most famous of these Institutions is the chief Cadet Establishment at Gross Lichterfelde near Berlin. There are in this Institution forty-one teachers and a thousand Cadets. The rest of the Cadet Houses

The