The lower part of the building in its original form was composed of two great sections, distinct from, and independent of, each other—on the one hand the Justice of Peace Courts, and on the other the Regular Tribunals. Both sections contained an Ordinary Court and a Court of Appeal. The upper part of the building, covering equally both sections, was the Senate as Supreme Court of Revision (Cour de Cassation).
The distinctive character of the two independent sections may be detected at a glance. The function of the Justice of Peace Courts is to decide petty cases that involve no abstruse legal principles, and to settle, if possible by conciliation, those petty conflicts and disputes which arise naturally in the relations of everyday life; the function of the Regular Tribunals is to take cognisance of those graver affairs in which the fortune or honour of individuals or families is more or less implicated, or in which the public tranquillity is seriously endangered. The two kinds of courts were organised in accordance with these intended functions. In the former the procedure is simple and conciliatory, the jurisdiction is confined to cases of little importance, and the judges were at first chosen by popular election, generally from among the local inhabitants. In the latter there is more of "the pomp and majesty of the law." The procedure is more strict and formal, the jurisdiction is unlimited with regard to the importance of the cases, and the judges are trained jurists nominated by the Emperor.
The Justice of Peace Courts received jurisdiction over all obligations and civil injuries in which the sum at stake was not more than 500 roubles—about 50 pounds—and all criminal affairs in which the legal punishment did not exceed 300 roubles—about 30 pounds—or one year of punishment. When any one had a complaint to make, he might go to the Justice of the Peace (Mirovoi Sudya) and explain the affair orally, or in writing, without observing any formalities; and if the complaint seemed well founded, the Justice at once fixed a day for hearing the case, and gave the other party notice to appear at the appointed time. When the time appointed arrived, the affair was discussed publicly and orally, either by the parties themselves, or by any representatives whom they might appoint. If it was a civil suit, the Justice began by proposing to the parties to terminate it at once by a compromise, and indicated what he considered a fair arrangement. Many affairs were terminated in this simple way. If, however, either of the parties refused to consent to a compromise, the matter was fully discussed, and the Justice gave a formal written decision, containing the grounds on which it was based. In criminal cases the amount of punishment was always determined by reference to a special Criminal Code.
If the sum at issue exceeded thirty roubles—about 3 pounds—or if the punishment exceeded a fine of fifteen roubles—about 30s.—or three days of arrest, an appeal might be made to the Assembly of Justices (Mirovoi Syezd). This is a point in which English rather than French institutions were taken as a model. According to the French system, all appeals from a Juge de Paix are made to the "Tribunal d'Arrondissement," and the Justice of Peace Courts are thereby subordinated to the Regular Tribunals. According to the English system, certain cases may be carried on appeal from the Justice of the Peace to the Quarter Sessions. This latter principle was adopted and greatly developed by the Russian legislation. The Monthly Sessions, composed of all the Justices of the District (uyezd), considered appeals against the decisions of the individual Justices. The procedure was simple and informal, as in the lower court, but an assistant of the Procureur was always present. This functionary gave his opinion in some civil and in all criminal cases immediately after the debate, and the Court took his opinion into consideration in framing its judgment.
In the other great section of the judicial organisation—the Regular Tribunals—there are likewise Ordinary Courts and Courts of Appeal, called respectively "Tribunaux d'Arrondissement" (Okruzhniye Sudy) and "Palais de Justice" (Sudebniya Palaty). Each Ordinary Court has jurisdiction over several Districts (uyezdy), and the jurisdiction of each Court of Appeals comprehends several Provinces. All civil cases are subject to appeal, however small the sum at stake may be, but criminal cases are decided FINALLY by the lower court with the aid of a jury. Thus in criminal affairs the "Palais de Justice" is not at all a court of appeal, but as no regular criminal prosecution can be raised without its formal consent, it controls in some measure the action of the lower courts.
