Page:Japan by the Japanese (1904).djvu/641

The judicial administration of Formosa was determined by an ordinance having the power of law issued in 1898. By this, part of the administration was entrusted to the law-courts of the Governor-General of Formosa. The Governor-General has direct control over the law-courts. These are divided into three local courts and one Court of Appeal. The local courts have right of judgments in the first instance in civil and criminal affairs, and of the preliminary examination of criminal cases in their neighbourhood. The Court of Appeal is always held where the Governor-General has his seat of office. In every court a procurator’s office is established. In the local courts all questions are examined and judged by a single judge; in the Court of Appeal, on the other hand, one or more chambers are instituted, in which cases are examined and judged by a bench of judges. Very much the same regulations apply to the status of judges in Formosa as in Japan—this is regulated by the law for the organization of courts. The Governor-General of Formosa may, at his discretion, place any judge in the island temporarily on the retired list. No special regulations exist with regard to the status of procurators. In special cases, when considered necessary, a temporary court may be held in a convenient place in which judgments may be pronounced without regard to the general jurisdiction of other courts (No. 2 Ordinance having the power of law, July, 1896). There are also special provisions as to the organization of prisons (No. 5 Ordinance having the power of law, February, 1899).

The law of conscription is not enforced in Formosa, from the fact that the Japanese inhabitants in Formosa are not yet allowed to change their place of domicile. With regard to the financial administration, a special treasury system has been in existence in Formosa since February, 1899. Except in a few cases, the taxation laws of Japan are not in force in Formosa. All the taxation laws in Formosa are determined by ordinances having the power of law. There are special systems of monopolies in the case of opium, salt, camphor, and camphor oil, regulated by ordinances having the power of law.

An examination of the execution of laws and ordinances in Formosa cannot fail to show lack of perfection in many points. This principally because the early system of administration was based largely on convenience, and in the expectation of being perfected as time went on. Generally, it may be said, however, that the codes of civil and criminal law, with the codes of procedure, are carried out in Formosa. There are, however, some exceptions in the carrying out of the laws. The laws in force in Japan are applied to Japanese living in