the signs of the times can ignore the existence of an evergrowing demand on the part of Democracy to control the administration of Justice. In America this demand is loud and Mr. Roosevelt has yielded to it. In England as yet there has been little complaint that the judges hold their offices independent of any elected authority. But it is important that we should recognise the depth and growth of the opposition to the Law as at present administered. The constant attacks in the Liberal press is a portent of real significance. It is hardly likely that the Liberal party will commit itself to a policy of attacking the independence of Justice. But the Trades Disputes Act, the present Osborne Bill and, more still, the frequent reduction of sentences at the dictation of Trade Unions all show the power that lies in Labour threats. The great profession of the Law has no cause to apologise for its existence, but lawyers would do well to realise what forces are at work. And the public would do well to watch developments with a careful eye. An independent and fearless Judiciary was the first essential bulwark against the aggressions of a despotic monarch. Its value is no less when the aggressor calls itself the People.

CLAUD W. MULLINS.

A

IV. FORM OF A WILL IN GERMANY.

TESTATOR in Germany may make his Will in two

ways, (1) either by writing the same with his own hand, or (2) with the assistance of a judge or notary.

The paragraph of the German Civil Code which prescribes how a Will may be made is paragraph 2231, and is as follows: "A Will may generally be made in the following manner :-(1) Before a judge or notary; (2) By

a declaration of the testator, written and signed with his own hand, stating the place where and the date at which it is made."

As to a Will made before the judge or notary, the testator may make an oral declaration of his last Will to the judge or notary, or deliver to him a written statement accompanied by an oral declaration, that the written statement contains his last Will. It is not necessary to seal the statement, neither that it should be written by the testator with his own hand, but though the law is silent upon the point it is advisable that the testator signs the statement for the purpose of identification.

For the purpose of superintending the making of a Will the judge must be attended by a registrar or two witnesses, the notary must call in another notary or two witnesses. The persons hereinafter mentioned may not take part as a judge, notary, registrar, or witness in superintending the making of a Will, viz.: the spouse of the testator, even though the marriage no longer subsists, any person who is related to the testator by blood or marriage in the direct line or within the second degree in the collateral line, thus parents, grandparents, great grandparents, father-in-law, mother-in-law and their ancestors, children and their issue, step-children and their issue, brothers, sisters, brothers-inlaw and sisters-in-law of the testator cannot take part in the making of the Will but nephews and nieces and cousins may. The persons who are prevented as aforesaid from taking part in the making of a Will, are not only prevented by standing in the aforesaid relationship to the testator, but are so prevented if they stand in the said relationship to each other. Further, the prohibition extends to such persons to whom the testator has given or bequeathed anything by his Will, or to a person who stands in the aforesaid relationship to such legatee or devisee. Should any person act in the making of a Will, who is by law prohibited from

so doing, any gift or other advantage he might receive under the Will is null and void, but the Will in other respects is valid. Persons who are under age, who have been deprived of civil rights for the time for which the deprivation has been ordered, cannot be witnesses of a Will, neither can those persons be witnesses who according to the provision of the criminal code have been rendered incapable of taking an oath, or who are in the service of the judge or notary as a servant or employé. The notary, as will have been seen, cannot himself witness the Will or call in his clerks to do so, or any person who is in his employ, but must call in another notary or two independent persons for this purpose.

The persons taking part in superintending the making of a Will must be present during the whole proceedings, and it has been decided by the Highest Court of Appeal (Reichsgericht) that the parties must be present when the testator declares the Will as his, and it is not sufficient if they are only present or called in on the reading of the Will.

A protocol as to the making of the Will must be drawn up in the German language. This protocol must contain the name of the place and the date of the proceedings, the names of the testator and those persons who take part in the proceedings, the declarations which are required to be made by the testator, and in case where he delivers a written statement, the fact that the written statement has been delivered. The protocol must be read and ratified by the testator and he must sign it with his own hand. That this has been done must be stated in the protocol. Should the testator desire, he should on request be permitted to peruse the protocol, and should he state that he is unable to write, a record of such declaration is substituted in the protocol for his signature. The protocol must be signed by all the persons taking part in the proceedings. It is not necessary that the written statement containing the last Will of the testator should be read out or ratified by him,

even if such document is delivered open and not sealed. Should the testator not understand the German language then a sworn interpreter must be called in. The provisions applicable to a witness apply mutatis mutandis to the sworn interpreter. It has been decided that a clerical error in the year does not affect the validity of the Will.

The protocol must be translated into the language in which the testator makes his declaration. The translation must be made or certified and read out by the interpreter. The translation must be annexed to the protocol as an appendix. The protocol must state that the testator is not acquainted with the German language, the name of the interpreter, and that he has made the translation or certified it, and read the same. The interpreter must sign the protocol.

The protocol which is drawn up relating to the making of the Will, should, together with the appendices, and particularly when the Will is made by delivering a written statement, together with the written statement, be sealed by the judge or notary with his official seal in the presence of the testator and all persons who have taken part in the proceedings; and then an indorsement should be made more particularly describing the Will and the same should then be signed by the judge or notary, and be taken into official custody. The testator should receive a certificate that the Will has been taken into official custody. The non-observance of the provisions relating to the custody or sealing of the Will do not render it invalid.

As to the execution of a Will made by a declaration of the testator written and signed with his own hand, it may be observed that the testator must write the Will with his own hand and state thereon the place and the date when the same was written and executed by him, no witnesses are necessary, neither is the document required to be sealed, or is it necessary to deposit the same in official custody. The

necessary formalities, however, must be strictly observed, and the least mistake in this respect renders the Will invalid; further, the place where and the date when the Will was executed must be stated with correctness, but a clerical error in the date, provided the correct date can be ascertained from the document itself, and the application of other facts, do not affect the validity of the testament. Having regard to the fact that the Will must contain the correct date when the same was made, it follows that the giving of two dates does not make the Will invalid, provided that from the contents of the document, together with other facts, the true date of the making of the Will can be arrived at, or when it is to be seen that an earlier date refers to the commencement of making the Will and a later date as to execution thereof. In order to avoid difficulties it is advisable, should the Will not be written on one day, to insert the date of the day when the Will was finally written. Any addition to the Will must have another date and must again be signed by the testator. The name of the place where the Will was written and the date may be written under the signature of the testator. The testator must write every part of the Will with his own hand, therefore paper with a printed heading containing the name of a place or the date should not be used.

Every person can choose the form in which he will make his Will, i. e., either by writing it with his own hand or with the assistance of a judge or notary. A minor or person who cannot read may make a Will only by oral declaration, that is before a judge or notary. A minor, however, can make a Will when he has completed his sixteenth year. Persons who are interdicted on account of feeble mindedness, prodigality, or habitual drunkenness, are incapable of making a Will. Such incapacity commences on the presentation of the application by reason of which the interdiction takes place.