The Calcutta Law Journal Short Notes of Cases Articles & Other Matters March 16 1913

Brissot calls attention to the indifference of society to the fate of the innocently accused person and advances the argument that the withholding of an indemnity is inconsistent with the social contract. [...] Of the three the law of Sweden is the most conservative the law of Denmark the most liberal—in fact the most liberal of all the countries of Europe. [...] The reason for the delay was in part the unwillingness to open already cramped treasuries to unlimited iroads and the inability of lower and upper houses of legislatures to agree upon the proper limitations of the right while not by any means the least obstacle was the bitter disagreement between jurists as to whether the indemnity was to be considered an act of grace and equity on the part of [...] In Germany however before the action lies the Court acquitting the accused on retrial must simultaneously with the judgment of acquittal issue a decree to the effect that an indemnity in the case is warranted by the facts which decree is a condition precedent to the right of action. [...] It is explained by the committee report on the French law that the indemnity was left discrtionary with the Judge for the reason that it was considered best instead of making the relief compulsory and specifying the conditions which limited the right to prescribe no conditions leaving the Judge to determine in each case the effect to be given to the concrete circumstances in limiting the pro