and the requirements of training were, however, much relaxed, in order to enable foreign advocates to be replaced by natives of the country. The result was a very abnormal increase in the number of advocates.

(5) In the year 1874 two important statutes were passed. The one (Statute 35) instituted public notaries as a distinct body; the other (Statute 34) revised the rules of the advocates. These laws, though from time to time the subject of some criticism, exist to-day.

Two main features undoubtedly distinguish in history the Bar in Hungary. First, the early date at which the complete status of the advocate was evolved. To cite one final proof that the advocate was no mere procurator, may be instanced the record of the judgment of a cause tried in 1280 A.D., before Comes Petrus Judex Curiæ, where the advocate is mentioned as appearing together with the parties "juxta quos astitit," and the parties are mentioned "personaliter astantes." Secondly, the extraordinary struggle which has been made throughout the centuries by the order of advocates for the recognition of Hungarian. national rights.

It cannot be said that the Bar in Austria has had anything like the continuity of history of that of Hungary. In order to trace its record during the time prior to the commencement of the 19th century, it would be necessary to review first its relations with the legal system of Germany, with which it was always closely associated, and then its relations with the Bar in Hungary, with which it was always in more or less hostility. As an independent order of advocates, or even as a series of independent orders, it can scarcely be said to have existed before the reconstitution of the European systems after the wars of the French Revolution.

Even after the commencement of the 19th century until the Law of 6th July, 1868, it cannot be said to have been

a free profession. The advocates were practically the nominees of the government, and were thus in effect State officials. Since that regulation of 1868, and to a large extent thereby, the profession has become free, subject to limits which we shall presently indicate, upon entrance thereto and practice therein. Projects from time to time are, however, still put forward, and there may be said to be a certain tendency of opinion in the direction towards a numerus clausus or defined number of advocates. In fact, in 1895, a definite proposal to that effect was made at a conference of advocates on the proposition of the delegates of several of the orders. It was not thereby intended that the nomination or limitation should be the privilege of a minister of State, but that the advocates should be received into a limited circle by virtue of seniority. It must not be supposed that this project has no analogue in our own country, as it would really be in some aspects an extension of the rule which in some courts in England has obtained, and which to some extent still in England obtains. It is merely the restriction of a considerable part of the business amongst certain sections according to the decision of the ruling body. The votes of the largest of the bodies of advocates, those of Vienna and Prague for example, were cast against this scheme, and it was rejected on a division. The view in especial of the chamber at Vienna was that any such restriction would tend towards the re-imposition of the ancient system of State nomination, and would even ultimately go far to destroy the independence of the order itself.

In Austria the Bar has all the functions of the legal profession. There exists no distinction between persons exercising the duties of (to translate into English equivalents) advocates, solicitors or attorneys. In other words, there is fusion. Every advocate in Austria can appear and plead before every Austrian Court, it does not matter where

or of what scope of jurisdiction. It has been proposed to separate the profession into two branches: (A) the advocates, and (B) the avocat-anwälte, or, as we should say, the solicitors. These proposals have, however, as yet found little favour in the profession. On the other hand, the rule is stringent that advocates cannot exercise any incompatible functions, such for example as a paid office of State, or again, the business of a notary, and notably, any occupation tending to destroy or affect the dignity of the order. On this last point the committee of each of the orders of advocates has full powers to deal with any questionable practice. The business of a stockbroker, for instance, would be held to be inconsistent, or again, that of a commercial agent or banker, but of course there is held to be no objection to a member of an order of advocates acting in such a capacity as a director of a joint stock company.

A subject which provokes a constant stream of criticism in Austria appears to be the fashion in which the magistracy is recruited. There exists no rule by which a previous career as an advocate is, as in England, an essential qualification. On the other hand, there seems to be no bar, such as exists in Germany, to the selection of an advocate for appointment as a judge. Another subject of frequent and animated discussion appears to be whether the fees of advocates should be fixed as in Germany; and so far as can be externally judged it appears that the trend of opinion is in this direction. There has been a movement on foot, largely favoured amongst the members of the Austrian Bar, to form special courts for dealing with questions involving Private International law, a subject which, far more than with us, bulks in importance.

Several voluntary institutions exist for the promotion of the interests and of the confraternity of the profession side by side with the institutions of official recognition.

There have been from time to time conferences of the

whole Bar, uniting representatives from every province within the Empire. No less than ten, culminating in that of 1896, have taken place, each one taking into consideration on the one side questions of public juridical value, on the other, questions of importance to the interests of the profession of the advocate. A permanent executive body has been called into existence for the purpose of relegating these general conferences of the Bar. Amongst the matters discussed have been the unification of the fees of advocates consequent upon the new code of civil procedure brought into existence in 1898.

In the larger towns, and in particular Vienna, Prague, and Brunn, organisations of a more social character flourish, and naturally there, in such large centres, are students' societies devoted to forensic discussion.

At Vienna there exists (that peculiar feature of Continental Bar organisations which has no analogue in connection with the Bar of England) an institution for the free defence of the poor. In addition, it may be noted by the way, according to the law of Austria, that every accused person arraigned before a jury, and even in many parts before inferior tribunals, is entitled to be assisted by an assigned advocate. In civil matters, in every case where the presence of an advocate is requisite, one is officially assigned.

It is now proposed to briefly sketch the course of professional education to which members of the Bar are subject. in Austria. Each advocate is expected to have completed a university course, or at least-having passed the matriculation examination, principally directed to Latin, Greek, and German, and general literary studies-to have studied, for a considerable period at an Austrian University, law and political science. The sequence of the legal studies can be classified as follows:- For the preliminary course, Roman law, Canon law, German law and Austrian history; for the second course, Austrian Private law, Commercial law,

and Civil and Criminal Procedure; for the third course, General and Austrian Public law, General and Austrian Administrative law, Political Economy, and the Theory of Legislation. In addition, a law student is expected to go through a course of Philosophy, of Legal History, and of Comparative Statistics. It is a not uncommon thing for the student also to go through a course of Forensic Medicine.

After having finished these courses of legal study, the candidate for the avocature proceeds to the seven years of practical study which are outlined above. In the course of the first four years of his apprenticeship he should take his degree of Doctor of Laws, which is only granted after three severe examinations (termed, not inaptly, "Rigorosen "), which are held by the university professors upon the subjects of the three courses to which reference has been made. In the last three years of his apprenticeship he has to pass the Final Examination, held by a board of examiners composed of magistrates and advocates, upon all the branches of Civil and Criminal law.

Regarding the position of the student of law in relation to preparation for the profession and actual practice, it appears to be as follows: He attends the court from his first year. Courts for forensic practice in the nature of Moots have been in recent times organised. The most part of his period of apprenticeship the student passes in the chamber of a fully-qualified advocate as what is termed "advocatur concipient." In this position he works under the direction of his chief and can represent him in court in cases which do not demand the actual presence of the advocate. After the student has passed his final examination he can on his own account, even before the termination of his seven years of probation, appear as an advocate before certain of the inferior courts.

It may be roughly stated that the actual number of advocates throughout Austria is about 1,500, distributed