The Online Library of Liberty

A project of Liberty Fund, Inc.

• Book I.
• Preface.
• Introduction.
• Chapter I.: General Division of the Aggregate Body of the Law.
• Chapter II.: Constitutional Law.
• Chapter III.: Civil Or Distributive Law. *
• Chapter IV.: Penal Law.
• Chapter V.: Procedure Law. †
• Chapter VI.: Financial Law.
• Chapter VII.: Prescriptions Or Bearings of the Other Codes Or Branches of Law, to the Constitutional Code.
• Chapter VIII.: Public-opinion Tribunal.
• Chapter IX.: Good Rule and Bad Rule.
• Chapter X.: Corruption.
• Chapter XI.: Delusion.
• Chapter XII.: Fiction.
• Chapter XIII.: Factitious Honour.
• Chapter XIV.: Established Religion—none.
• Chapter XV.: Supreme Constitutive.
• Chapter XVI.: Supreme Legislative.
• Chapter XVII.: Supreme Operative.
• Book II.
• Preface to the Original Edition of Book II.
• Chapter I.: Territory of This State, Name, Situation, Boundaries, Divisions.
• Chapter II.: Ends and Means.
• Chapter III.: Sovereignty, In Whom. *
• Chapter IV.: Authorities.
• Chapter V.: Constitutive Authority. *
• Chapter VI.: Legislature.
• Chapter VII.: Legislator’s Inaugural Declaration. *
• Chapter VIII.: Prime Minister.
• Chapter IX.: Ministers Collectively.
• Chapter X.: Defensive Force.
• Chapter XI.: Ministers Severally.
• Chapter XII.
• Chapter XIII.
• Chapter XV.
• Chapter XVI.: Quasi-jury.
• Chapter XVII.
• Chapter XVIII.
• Chapter XIX.: Government Advocate General.
• Chapter XX.: Eleemosynary Advocates.
• Chapter XXI.
• Chapter XXII.
• Chapter XXIII.
• Chapter XXIV.
• Chapter XXV.
• Chapter XXVI. *
• Chapter XXVII.
• Chapter XXVIII.
• Chapter XXIX.
• Chapter XXX.
• Chapter XXXI.
• Appendix.
• No. I.
• No. II.
• No. III.
• No. IV.
• No. V.
• No. VI.
• No. VII.
• No. VIII.

No. VII.

Collectanea relating to Ch. xxv. Local Headmen, and Ch. xxvi. Local Registrars.

From the Morning Chronicle, 15th April, 1830.

“In the Appendix to a work just published, by Lieut. Colonel Briggs, of the Madras Army, on ‘the present Land Tax in India, considered as a measure of Finance,’ there is an extract from a law promulgated on the 14th March, 1814, for the village Municipalities of Wirtemberg, which might be of great advantage to those of our Legislators who really wish to introduce something like purity into our parochial administrations:—

‘Every village and town forms a Commune.

. . . . . . . .

Every individual and every description of property within the limits of the township is amenable to its laws, unless especially exempted.

. . . . . . . .

‘The affairs of the township shall be intrusted to a Common Council, which shall consist of not less than seven, and not more than twenty-one members.

‘The members of the Council shall be elected by the Commune, according to a majority of votes. [Every adult male enjoying civil rights is entitled to vote. The vote is given in writing, and put into a box, which is opened in public, and the successful candidates are announced.]

‘The Council represents the interests of the village in its relations with the Government; its duty is to protect the people from external encroachments, and from internal disorder.

‘Every village or town elects its Mayor, or Chief, who is ex officio Chairman of the Council.

. . . . . . . .

‘The Mayor receives a salary from the village which is paid out of the common fund.

‘The duties of the Mayor are to maintain public order and security; to superintend the police, both for the security of the community and for the benefit of the Government; to execute the laws; to assist and expedite the poor and helpless; to give information and assistance to strangers; to prevent all acts of injustice and oppression; to superintend and act for the welfare of the village; to direct the management of its affairs in concert with the Council, and to prevent abuses. [The same duties, the same office, and the same mode of election, are common throughout most parts of Germany.]

. . . . . . . .

‘The Council shall elect a Public Record Keeper, whose office lasts for life; he, like the Mayor, shall be paid out of the common fund.

‘The Council shall have the management of the funds of the Corporation, and elect a Treasurer from amongst its Members, who shall superintend and examine the accounts.

‘The Council shall decide on the best mode of managing the public funds, and shall judge of the necessity of all charges in the most frugal manner; or the employment of the surplus funds; and in case of deficit, on the mode of raising means to defray the expenses.

. . . . . . . .

‘The Mayor shall form the annual Budget of the Commune, and submit it first to the Council, subsequently to the Committee, and eventually to the Government.

. . . . . . . .

‘Every year the public accounts shall be closed, and read by the Registrar, in the absence of the Treasurer, to the assembled Commune, and shall be left in possession of the Council for eight days. They shall then be submitted to the Village Committee, with the necessary vouchers, which is bound to return them to the Council within one month, with any remarks it may think necessary.

. . . . . . . .

‘The Commune takes no immediate concern in the public affairs, nor can it assemble without being summoned by the Mayor; but it has a right to elect a permanent Committee to control the acts of the Council.

‘The Committee consists of the same number of members as the Council; it is elected for two years.

. . . . . . . .

‘The Council is obliged to obtain the consent of the Committee of Control in the following cases:—

‘1. In the formation of the Budget and the Assessment.

‘2. In the defraying of any Expenses.

‘3. On the occasion of forming all Contracts on account of the village, which are not put up to public auction; especially should the contract be to be made with a Member of the Council.

‘4. On remunerating the Members of the Council for extra services.

‘5. On remitting balances due to the village.

‘6. In all charges whatsoever of the public disbursements on the public funds.

‘When the Council and Committee of Control cannot agree on any matter, no charge shall take place.

‘The Committee, on examining the Budget, shall be competent to annex any remarks it may have to make on the general state of the community and its concerns.’

. . . . . . . .

“How superior the organization of these communities to anything we have in this country. Here everything is anarchy or irresponsibility. By this scheme, the people are deprived of what they never can discharge with advantage—the power of deliberation on the parochial affairs; while they have full scope in electing those who have to execute and deliberate. Care, again, is taken, by the appointment of a Committee, that the Council or Parliament of the Communes shall not exceed its powers. In our parishes there is neither Executive nor Council. One of the Churchwardens is always a creation of the Parson, and hostile to the parishioners; and the Overseers hurry through their task the best way they can. All the functions assigned to the Mayor of the Commune in Wirtemberg are in England assigned to no one. If a Churchwarden or Overseer have a relation an attorney, the parish funds are liberally expended in prosecutions and litigation in general. But in general, individuals are left to protect themselves as they best can.”