JUDICIAL ORGANISATION
Du r in g the middle ages Norway was divided into four great
jurisdictions (lagthings). Legal proceedings went by custom,
wbicb differed in several points and was not fixed in writing. The
legislative and judicial power was exercised by the representatives
of the people who were present at the lagthings. During the latter
centuries of the middle ages the kings usurped a very extensive
power for the purpose of filling up the lacunae of the law and
issuing edicts. In 1274 king M a g n u s , called L a g a b o t r r . (i. e. reformer
of the laws) remodelled the texts o f. the ancient laws, and new
codes, similar in all essential points, were adopted by the four
lagthings. The revised codes existed only in manuscript, and came
more or less to differ from one another on account of interpolations
in the texts of new laws (royal edicts).
During the union with Denmark many magistrates were Danes
who did not even know the language' of the Norwegian codes. An
official but rather inadequate Danish translation of all the codes
of 1274 was prepared (code of C h r i s t i a n IY, 1604), which was
superseded by a wholly new codification, the Norwegian code of
C h r i s t i a n V , in 1687. This code, large portions of which are still
in force, is a very considerable work for its time. I t contains a
great number of enactments of foreign origin, chiefiy from the
ancient Danish and the Eoman law.
In spite of sect. 94 of the constitution stipulating that a new
civil and penal code should be voted by the first, or at the latest,
by the second ordinary Storthing, the civil code has not yet appeared.
The preliminary labours for this code were finished more
than 50 years ago, but no bill resulting from them (has been
brought before the legislative assembly. The penal code did not
appear till (1842. A project for a new penal code is at present
before the Storthing. The code of criminal procedure, founded
on the jury system, dates from July 1st, 1887. A code of civil
procedure is being prepared. The law of bankruptcy is of June 6th,
1863, and was completely revised in 1899. Besides these reforms,
the legislation on succession, on prescription, on bills of exchange
and cheques, on maritime commerce, on the condition of industrial
labour, etc., has been completely remodelled since 1814.
In the towns, as well as in the rural districts, civil eases
are generally at first carried before the commission of conciliation
(forligeteeskommission), which is composed of two — for certain cases
of three -SRmembers chosen by and among the voters of the jurisdiction
(thinglag), in most cases the same as the municipality. This
commission tries to reconcile the parties, and if this reconciliation
does not take place, it directs them to one of the courts of law.
If the parties are reconciled, the commission fixes in writing the
conditions of the reconciliation and gives the force of law to the
obligations thus contracted. The parties can, if they are agreed,
ask the commission to give an award, but not for debts over
500 kroner. At the request of the plaintiff the commission can
also arbitrate where the question does not admit of a doubt
and the debt does not exceed the sum of 500 kroner. I t can
also give an award where real property is concerned, if the
value does not exceed the sum of 1000 kroner. Its judgments
or awards can be carried on appeal to the ordinary tribunals of
first instance.
These tribunals consist each of one judge, byfoyed in the
towns, sorensJcriver in the country, assisted by four (two) assessors
(lagrettesmcend) chosen from among the ratepayers. The judge goes
on circuit to the different divisions of his district. Generally
each municipality forms a judicial division. The ordinary courts
are held once a month in the country, and once or twice a
week in the towns, and besides extraordinary sessions are held,
if the case is urgent. In the jurisdictions of the northernmost
counties the ordinary courts are of rarer occurrence. The competence
of tribunals of first instance is complete in civil matters,
and there lies no appeal from them, if the amount in dispute
does not exceed 32 kroner; for higher amounts appeal may be
resorted to.