SURVIVAL OF INSTITUTIONS 307 



It is difficult, however, to distinguish between 

 these two causes, for insignificant vestiges of 

 institutions are especially numerous in very con- 

 servative environments, and, on the other hand, 

 mere respect for tradition very rarely ensures the 

 maintenance of either a harmful or an expensive 

 institution. 



1. INSIGNIFICANCE OF THE INSTITUTION. Some 

 of these insignificant institutions are reduced to mere 

 vestiges, no longer functional, or of use to any one, 

 others representing traces of a former system 

 retain some local vitality, although not in keeping 

 with the new conditions ; these are of such small 

 importance that their very insignificance ensures 

 their survival. 



(a) The two French laws passed in 1835 and 

 1849 relating to entail have never become func- 

 tional at La Martinique. The old law of entail is 

 still active there, and this state of things is allowed 

 to continue without authoritative interference. 1 



(&) In England, the sovereign, up to the close of 

 the sixteenth century, reserved to himself the right 

 of presiding over the Courts of Justice, and of 

 pronouncing sentence. Since the Revolution, no 

 sovereign has essayed to render justice personally, 

 and any attempt of the kind would be regarded as 

 unconstitutional nowadays. Vestiges of the old 

 system remain, however, in the formula of certain 

 legal proceedings, such as the serving of warrants, 



1 Viollet, Hist, du dr. civ.fr., p. 883. 



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