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THE DIFFERENT SYSTEMS 
 
 PEKAL CODES M EUROPE; 
 
 ALSO, 
 
 A REPORT 
 
 ADMmSTEATIVE CHANGES IN FRA^fCE, 
 
 THE REVOLUTION OF 1848. 
 
 BY H. S. SANFORD, 
 
 I 
 LATE CHARGE D'AFFAIRES OF THE UNITED STATES AT PARIS. 
 
 WASHINGTON: 
 
 BHTBELEY TUCKER, SENATE PRINTER. 
 
 1854. 
 
33d CoNSKEss, ' [SENATE.] Ex. Doc. 
 
 1st Session. No. 68. 
 
 MESSAGE 
 
 FROM 
 
 THE PRESIDENT OF THE UNITED STATES, 
 
 COMMUNICATIKG, 
 
 In compliance with a resolution of the Senate, a letter from H. S. Sanford, 
 Late charge d'affaires at Paris, on the different systems of penal codes in 
 Europe; also, a report on the administrative changes in France since the 
 revolution of 1848. 
 
 July 24, 1854. — Ordered, that there be printed, for the use of the Senate, 5,000 additional 
 copies of the message of the President of rtheUnjled States respecting the different sys- 
 tetns of penal codes in Europe, and the administrative changes in France since the revo- 
 lution of 1848. 
 
 To the Senate of the United States : 
 
 I transmit a report from the Secretary of State, on the subject of the 
 documents called for by the resolution of the Senate of the 9tb instant. 
 
 FRANKLIN PIERCE. 
 Washington, May 23, 1854. 
 
 Department of State, 
 
 Washington, May 23, 1854. 
 
 The accompanying documents are those embraced in the resolution 
 of the Senate of the 9th instant, which directs the Secretary of State 
 to " furnish the Senate with a communication from H. S. Sanford, late 
 charge d'affaires at Paris, on the different systems of penal codes in 
 Europe, and also a report on the administrative changes in France 
 since the revolution of 1848." These documents are respectfully sub- 
 mitted to you for your direction in relation to the disposition thereof. 
 
 W. L. MAflCY. 
 
 To the President op the United States. 
 
 Paris, May 25, 1852. 
 Sir : I have the honor to transmit herewith the result of some 
 researches which I have made on the condition of penal law in conti- 
 nental Europe, with analyses of the codes of some of its principal 
 States. 
 
4 PENAL CODES IN EUROPE. 
 
 The recommendation of the President, in his late annual message, 
 that provision be made by law for the appointment of a commissioner 
 to revise the public statutes of the United States, and to report the 
 same to Congress for its action, has led me to believe that some pre- 
 vious study and research on the subject, and the opportunities I possess 
 of procuring information concerning the penal legislation of Europe, 
 might be brought to useful account in showing the experience of some 
 of the principal States of the old world in the formation of their codes 
 and systems of penal laws, as well as in giving the striking features of 
 those systems. 
 
 I have therefore prepared the accompanying document, which I beg 
 leave to submit to you, with the hope that the facts contained in it may 
 be found worthy the attention of the government. 
 
 I have the honor to be, sir, most respectfully', your obedient servant, 
 
 H. S. SANFORD. 
 
 Hon. Daniel Webstee, 
 
 Secretftry of State 
 
TABLE OF CONTENTS. 
 
 TABLE OF CONTENTS. 
 
 Introduction 7 
 
 PART I. 
 
 Historical Pevelopment of the Penal Laws of France 9 
 
 Penal Code of France 12 
 
 Code of Penal Procedure of France 41 
 
 Penal Code of Prussia. 57 
 
 PART n. 
 
 Historical Development of Penal Law in Germany 78 
 
 Penal Code of Bavaria g3 
 
 Code of Penal Procedure of Bavaria 87 
 
 Penal Code of Saxe Weimar 89 
 
 Penal Code of Baden 90 
 
 Prussian Code of Penal Procedure 92 
 
 Penal Code of Austria 94 
 
 PART HI. 
 
 The Penal Laws of the other States of Europe 108 
 
 Condition of Penal Law in Switzerland 109 
 
 The Italian States 109 
 
 Tuscany and the Roman States 109, 110 
 
 Penal Code of Sardinia 110 
 
 Penal Code of Russia 112 
 
 Penal Code of Turkey 115 
 
 Penal Code of Belgium 117 
 
 Condition of Penal Law in Holland 119 
 
 Penal Laws of Denmark and Sweden 119 
 
 Penal Laws of Greece 120 
 
 Condition of Penal Law in Portugal 120 
 
 Penal Code of Spain 120 
 
 Conclusion 123 
 
 Code of Penal Procedure of Austria '. 127 
 
 Project of a Code of Penal Procedure for Saxony 146 
 
INTRODUCTION. 
 
 INTRODUCTION. 
 
 I propose in the following pages to give some account of the history and present condi- 
 tion of penal law in continental Europe. In carrying out this design, I have endeavored to 
 avoid minuteness of detail any fiirther than may [be necessary to the development of the 
 principles of the various systems now in vigor in the leading States of the continent. 
 
 Complete analyses will be given of the codes of France and of Prussia, of the first as 
 having served as the basis of inost of the other codes, and as having been of great influence 
 in the formation of all ; of the last, which lias only been in force since a few months, to 
 show the progress made in this science since the formation of the French codes, and in how 
 small a space a complete system of penal laws for a large State can be giyen. 
 
 I have divided this work into three parts : the first relates to criminal law in France ; the 
 codes of penal law and procedure are given in detail, with such modifications as have been 
 introduced since the events of the 2d December, 1852, and are preceded by an historical 
 sketch of the development of penal law in France, with particular reference to the course pur- 
 sued in the formation of its codes. The judicial, administrative, and penitentiary systems 
 of France are also given in this connection. 
 
 The new code of Prussia has been included in this part, and follows immediately the 
 French codes, in order to show side by side the two great codes of Europe, and for the 
 better understanding of their distinctive features. ■ 
 
 The second part is devoted to criminal law in Germany ; an account of the development 
 of penal law in that country, and some details respecting those theories which have had the 
 most influence in its penal legislation, precedes the consideration of the laws of the individual 
 States. The codes of penal law of Bavaria, Saxe-Weimar, a;nd Baden, and the codes of 
 penal procedure of Prussia and Bavaria, are particularly treated of. 
 
 The last part is devoted to the penal legislation of the other States of Europe, except 
 England, and details are given of the codes of those States which possess them. The 
 codes of Belgium, Sardinia, Russia, Turkey, and Spain are analyzed, and mention is made 
 of the condition of penal law in every other State. 
 
 I have devoted but little space to the history of penal legislation in the various States 
 treated of The development of penal law is the same in all countries to a certain period, 
 and marks clearly the progress of civilization. We find, in the lowest stages, no fixed ideas 
 of criminal law, only a sort of instinctive sentiment of penal justice. The right of*punish- 
 ment is confounded with the right of self-defence ; private vengeance takes the place of legal 
 punishment, and injuries to person, life, property, or honor, are considered not as crimes, 
 but as wrongs to individuals or their familes, who seek themselves to inflict the punishment 
 for the same. This system of blood for blood leads gradually to the practice of buying witli 
 money an atonement for the crime from the injured person or his family, who continue for a 
 long time to have the choice to take justice into their own hands, or, on complaint before 
 the tribunals of the people, to receive compensation from the offender in money. 
 
 The executive power commences now to interpose by limiting the amount of these penal- 
 ties, or enforcing those which custom has introduced ; and, finally, the State declares itself 
 in fevor of the injured person in case of crimes committed within its territories, and pre- 
 scribes public penalties for the disturbance of the public peace and the general welfare. 
 
 Wo thus find that each member, or even the life of a person, has its price, and long scales 
 of the valuation of injuries which had been introduced by usage, are to be found in the 
 first books of law, of which the first collection of Germanic laws, the l^es barhanrrtim, is a 
 curious instance in point. 
 
8 INTRODUCTION. 
 
 Then follows the influence of Christianity, which was a. most important element in the 
 development of penal law, mitigating the barbarous severity of the punishments, and intro- 
 ducing many of the precepts of religion into the laws, which may be found in most of the 
 earlier books of law. 
 
 The Roman law has exercised a poweffiil influence in the legislation of Europe. This 
 influence was particularly of importance in the middle ages, when the difierent States of 
 northern Europe sought to systematize their incoherent laws and usages ; nevertheless, this 
 complete and logical system was of more importance in civil than in criminal law. 
 
 I have not deemed it advisable in the body of this work to trace back to its source the 
 origin of criminal law, or to follow its -development in detail. There have only berai men- 
 tioned, as having an influence on the existing legislation, the first collections of written laws, 
 and those that have succeeded down to the present times. 
 
 The great object of this work is to give, in as few words as possible, the pharacteristics of 
 the various codes of Europe, and to avoid all unnecessary detail. As has been before said, 
 most of the codes have for basis the French system. When but little detail has been given 
 concerning them, it is because on those points of which no mention has been made, they 
 resemble the French, and repetition weis unnecessary. I have particularly sought to give 
 those points which differ from the French code. Each State has more or less marked 
 peculiarities in its laws, which are the reflex of the social, moral, or political condition of the 
 people or of its institutions. These I have attempted to point out. 
 
 While I have endeavored to be scrupulously accurate in everything which is herein ad- 
 vanced, and to confine myself to a simple statement of facts, I am fully aware that the 
 following pages must contain many omissions. The difliculty of procuring the proper mate- 
 rials for a work of this nature, and of bringing into so small a space the vast amount of 
 matter which has served for it, will be appreciated on perusal. 
 
 It will be found to contain many points of interest to our legislators and our jurists. It would 
 be unbecoming in me to give an opinion as to the advantages to our country of adopting or 
 improving upon some of the principles or details which have been given. If it shall have 
 served to attract the liberal and enlightened attention of those who guide the councils or 
 deliberate on the laws of our country to the subject of the codification of our own criminal 
 laws, I shall feel that the labor bestowed thereon has met with an ample return. 
 
 Let me be permitted, however, to say, in answer to the objection that we do not require and 
 cannot adopt European systems of penal law, that while undoubtedly the criminal law of a 
 country should be intimately connected with the moral and religious opinions, as well as 
 in a manner the development of the traditions of the people, rather than being, as in France, 
 a direct emanation from the authority, the experience of other nations, even if they differ 
 greatly in their religious and political institutions, and in the usages and intellectual develop- 
 ment of the people, may be useful in perfecting the legislation of any State. 
 
 Those principles or provisions, which the experience of other States has proved to be 
 practicable or advantageous, certainly merit consideration. Majores Tiostri quod ubiqua 
 apud socios aut hortes idoneum videhatur, cum summo studio exequebanhir, imitari quam invi- 
 dere bonis malebant.* 
 
 ♦SaUuat. 
 
PENAL CODES IN EUROPE. V 
 
 FIRST PART. 
 
 HISTORICAL DEVELOPMENT OF 'THE PENAL LAWS OF FRANCE. 
 
 The first national penal law of France dates back to ,the year 1539. 
 While France and Germany formed but one empire, the Germanic penal 
 law was in force in both countries. For a long period after the divi- 
 sion of the empire, at the death of Charlemagne, gieat disorders ex- 
 isted in the administration of the criminal laws, the defects of which 
 were remedied but slowly. The Bible was for a long time a prin- 
 cipal source of criminal law, the precepts of the Old Testament being 
 cited by the judges. Roman law, though in many respects falsely in- 
 terpreted, had also great influence. In this state of criminal justice, 
 the necessity of new penal legislation was very urgerit. 
 
 The ordinance of 1539 was the first which laid down certain prin- 
 ciples of penal legislation. This ordinance, however, was devoted al- 
 most exclusively to procedure ; and the forms introduced by it were 
 arbitrary and barbarous. It failed to insure independence in criminal 
 jurisdiction, and could be directly and arbitrarily exercised by the king, 
 or by his representative in the place of the judge. An example of this 
 is given in the Chronicles, in the case of a man, who, on the 17th of 
 January, 1640, was broken on the wheel, and four of his accomplices 
 hung, for the crime of sedition, after condemnation by the chancello'-, 
 who represented the king, and who not only had not questioned the 
 accused persons, but had not even seen them. 
 
 In 1670, Louis XIV published an ordinance to mitigate the severity 
 of that of 1539, and to establish the independence of the criminal 
 courts. This «5rdinance, like its predecessors, contained no material 
 regulations of penal justice, and the criminal procedure was not entirely 
 fi-eed from the rigor of the former law. Thus we find the philosophical 
 writers of the 18th century, Filangieri and Beccaria, arguing against 
 the condition of the penal laws in France. 
 
 Such was the state of criminal law till the revolution of 1789. One 
 of the principal reforms brought about by that revolution was in the 
 penal legislation of France. The constituent and legislative assem- 
 blies showed the greatest activity in organizing and radically reform- 
 ing it ; and it will not be without interest to give a short sketch of the 
 legislation on this subject from the commencement of the revolution ; 
 for it was at that period that the present penal laws of France origi- 
 nated. 
 
 The first important general law of the Constituent Assembly was 
 the organic law of the 24th of August, 1790, by which a separation 
 was made between civil and criminal jurisdiction. 
 
 By a law which was published only a few days previously, trial by 
 jury was proclaimed as a principle in criminal cases. 
 
 In 1791, the National Assembly published a code •penal, which was 
 prepared by a commission appointed by Louis XVI, in 1788. This 
 penal code laid down the most important principles of criminal law. 
 
10 PENAL CODES IN EUROPE. 
 
 i 
 
 Of these the two following may be mentioned as the most essential : 
 1st. No action can be considered as a crime when it is not specially 
 defined as such by law. 2d. The judge" has no discretion in the mat- 
 ter of punishments, but can only pronounce those prescribed by law. 
 
 This code was abolished by the code of 3 Brumaire, an. iv, which, 
 with, the exception of a few modifications which were required by the 
 political institutions of the Gpnvenlion, is nearly word for word the 
 code of 1791. It provoked much opposition; the principal argument 
 against it being, that there was no general definition of crimes and 
 misdemeanors, and that the different classes of offences were not suf- 
 ficiently distinguished froni each other, and that, in consequence of 
 these deficiencies, an unnecessarily large number of questions concern- 
 ing single circumstances must be proposed to the jury. 
 
 This code proved equally defective in practice ; the judge not being 
 permitted to make allowance for extenuating circumstances,, or to com- 
 mute in any way the punishment prescribed by law. Moreover, the 
 condition of criminal procedure was never satisfactory ; and even its 
 principal bases were contested. No separate code of criminal proce- 
 dure existed; the laws on. this subject being contained partly in the 
 code of 3 Brumaire, an. iv, and party in special statutes. 
 
 These arguments against the then existing penal laws induced Na- 
 poleon, then First Consul, to institute a commission for preparing a 
 criminal code. By a decree of 7th Germmal, an. ix, Vieillard, Tar- 
 get, Oudard, Treilhard, and Blondel, were appointed members of this 
 commission, which, in a short time, proposed a " Code crimmel, correc- 
 tionnel et de 'police,'''' composed of 1,169 articles. This project was 
 printed and referred to the courts of Cassation and Appeal for a legal 
 opinion. At the same time, the court of Cassation was directed to send 
 to the government every year a report of those points of" general legis- 
 lation which proved detective in their judicial practice. The minister 
 of justice was also instructed to give an annual statement of the incon- 
 veniences of the administration of penal justice. 
 
 This project of, penal law was first presented to the Council of State, 
 at their sitting of the 2d Prairial, an. xii. The authors of the bill were 
 present at this first deliberation, which-was presided over by Napoleon 
 himself. 
 
 Before the commencement of the discussion of the bill in the Council 
 of State, the following fourteen questions were proposed : 
 
 1st. Shall the institution of the jury be preserved? 
 
 2d. Shall a grand jury and a jury for trials be established"? 
 
 3d. In what manner shall the jury be appointed? 
 
 4ih. In what manner, and to what extent, shall the right of challeng- 
 ing the jury, (recmaiion,) be exercised ? 
 
 5th. Shall the proceedmgs be oral, or partially written and partly 
 oral? 
 
 6th. Shall the verdict of the jury be unanimous, or by a majority ? 
 
 7th. Shall several questions, or merely the questions of " guilty " or 
 " not guilty," be proposed ? 
 
 8th. Shall proper magistrates be appointed to hold assizes at one or 
 several tribunals of the departments? 
 
 9th. Shall capital punishment be continued? 
 
PENAL CODES IN EUROPE. 11 
 
 10th. Shall imprisonment for life be introduced ? 
 
 11th. Shall confiscation be permitted? 
 
 12th. Shall the court be allowed to establish a maximum and mini- 
 mum of punishments ? 
 
 13th. Shall mrveUlance be introduced for a particular class of crimi- 
 nals, and, after the expiration of the term of punishment, shall bail be 
 demanded for future good conduct ? 
 
 14th. Shall rehabilitation be accorded to those who prove themselves- 
 ■worthy of it ? 
 
 Before examining these various questions, the First Consul made a 
 proposition which he esteemed of the 'highest importance ; it was to 
 unite the civil and criminal codes in one great body. The remark- 
 ble words of Napoleon on this occasion were : " This fusion is necessary 
 for the formation of a great body, strong in the consideration which 
 civil science gives, strong by its numbers, beyond the reach of fear and 
 individual considerations, which shall cause the guilty to tremble who- 
 ever they may be, and shall communicate strength and energy to the 
 ministry." 
 
 The Council of State decided at first in favor of the fusion, but 
 afterwards this decision was cancelled on account of the incompatibility 
 of such an union with the institution of the jury. Napoleon on this oc- 
 casion defended the jury, which was attacked by various members of 
 the council, and finally withdrewhis proposition in consideration of that 
 institution. 
 
 This incident had such an influence, however, on the Firgt Consul, 
 that he no longer took part as president in the deliberations on criminal 
 law. Soon alter this, the discussion in the Council of State was closed, 
 and the project remained stationary for four years. 
 
 In 1808 the discussion was renewed, and l,he deliberation commenced 
 on the report of the legislative commission of the Council of State, to 
 which the first president of the court of Cassation, Muraine, and the at- 
 torney general. Merlin, were invited. 
 
 The Council of State decided that the codes of penal law and penal 
 procedure should be separated, and that the dehberation should com- 
 mence with the code of penal procedure, on which Trielhsu^d had 
 drawn up a very luminous report. Accordingly, the discussion of the 
 individual articles commenced under the presidency of the Emperor. 
 The fourteen preliminnry questions, which are cited above, being first 
 decided upon at the first discussion, no definitive conclusion was ar- 
 rived at.* 
 
 At a subsequent deliberation. Napoleon renewed his proposition for 
 the union of the civil and criminal courts, which was then definitively 
 adopted. The former ground of opposition on account of the incom- 
 patibility of the courts was removed; for, besides the regular workiiig 
 of the penal courts, assizes were established for trymg those cases in 
 which the jury pronounced the verdict. 
 
 The existing organization limited the competency of the jury to cer- 
 tain cases of grave crimes ; and, in ordinary cases, the judges admin- 
 istered justice without the assistance of the jury.t 
 
 * The answer to these questions will be detailed in treating of the present condition of 
 penal legislation in France, 
 ■f For the organization of the courts, see analysis of the Code Penal. 
 
12 PENAL CODES IN EUROPE. 
 
 The discussion in the Council of State on the Code cC Instrvction 
 Criminelle was continued during thirty-seven sittings ; after which, as 
 prescribed by the constitution, the project was presented to the legis- 
 lative body, and was adopted. The Code d' Instruction Crimvielle, which 
 was promulgated in 1810, took effect in 1811. , 
 
 After the termination of these debates, the Council of State entered 
 upon the, deliberation on the Code Penal. This was rather for the im- 
 provement of the code of 1791, than for preparing a new systetn of 
 laws. These deliberations occupied forty-one sittings, and the project 
 was then laid before the legislative body and adopted. Like the code 
 of criminal procedure it took effect in ]8il. 
 
 The restoration preserved the greatet part of these codes. The only 
 change worthy of particular notice among the few which were made 
 is that concerning the jury. By a law of 2d May, J827, various re- 
 strictions were abolished, and the jury was organized in a more liberal 
 manner. 
 
 Public opinion had -urgently demanded a reform in the penal code 
 since its first promulgation. The chief objections to it were, that its- 
 punishments were too severe and arbitrary, and that the judge had not 
 sufficient discretion allowed hiifl in the . application of punishments. 
 This reform was adopted in 1832, and a new code published by the 
 government of Louis Philippe. The alterations in the code by this 
 new law were but partial, and as the reporter. Monsieur Dumont, said, 
 its only object was to assuage the severity of some punishments, and 
 to abolish certain others, the pillory, for instance, which were against 
 the custORis of the times ; to reduce other penalties, such as banish- 
 ment, to their narrowest limits; and, lastly, to rnitigate such punish- 
 ments as the surveillance of the police. ' 
 
 A further alteration was made in the year 1835 by the admission of 
 extenuating circumstances, ( circonstances attenwintes.) Under this law 
 the jury decide not only on the question "guilty" or "not guilty," but 
 also whether certain circumstances exist to diminish the criminality of 
 the action, and its consequent punishment. When the jury admit such 
 circonstances atfenuantes, the^ court pronounces a punishment less than 
 the minimum fixed by law.* 
 
 THE PENAL CODE OF FRANCE.— (Co(^e Penal) 
 
 The Code Penal, comprising 484 articles, gives all the provisions of 
 criminal law in France. Its economy is very simple. It is divided 
 into four books with a short introduction entitled ^' difjjositionsjirelmi- 
 naires." The first book treats of punishments and their consequences^ 
 (des femes en matiere criminelle el con-eclionnelle et leurs effcis ;) the second 
 book treats of persons who are punishable, excusable, or responsible 
 for crimes or misdemeanors, (des personnes funissaUes, excusable^, ou res- 
 
 * The principal writers on penal legislation in France are, Carnot, Legraverend, Bour- 
 guignon, Rogron, Chauveau, Fauetin-Hclie. 
 
PENAL CODES IN EUROPE. 13 
 
 ponsables pour crimes ou -pour delits ;) the third book treats of crimes and 
 misdemeanors themselves, and their punishments, (des crimes, des delits, 
 et. de leurs ftmuions ; ) the fourth book treats of police infractions and 
 their punishments (des contraventions de police et peines.) 
 
 All prohibited actions are divided into three classes : Contraventions, 
 Delits, and Crmm. Tliese grades of offence are not defined, but are 
 classified according to their degi-ess of punishment. Contraventions, 
 which are lowest in the scale, and which come within,the jurisdiction 
 of the Tribunal de Police, are punishable by a fine not exceeding fifteen 
 francs, or imprisonment not exceeding five days. Delits aj'e those 
 offences which are punishable with upwards of fifteen francs fine, or 
 five days imprisonment, and fall within the jurisdiction of the Tribunal 
 Correctionnel. The last and highest grade, crime, is judged-by the Cour 
 d' Assizes, and is subject to an afflictive or infamous punishment (peine 
 afflictive ou infamante.) The 7lh and 8lh articles indicate their punish- 
 ments,. This division forms the basis of the competency of the French 
 criminal tribunals. 
 
 A single officer, either a justice of the peace (Juge de paix) or mayor 
 (Maire,) is judge of the Tribunal de Police. 
 
 The Tribunal Correctionnel, which passes judgment upon misdemean- 
 ors, is composed of three members of the tribunal judging in first in- 
 stance, (Tribunal de Premiere instance,) which is also the tribunal for 
 civil cases of the first category. 
 
 The Cour d' Assizes, which has the jurisdiction of crimes, is composed 
 of three members of the Court of Appeal, f Cour d'Appel,) and has a 
 jury. 
 
 Appeal from the decision of the Tribunal Correctionnel can be made 
 to the correctional chamber of the Court of Appeal, (de la chambre 
 correctimtnelle Cour d'Appel.) 
 
 Persons condemned for contraventions may appeal to the Tnbunal 
 Correctiomiel ; but no appeal is allowed for a punishment of less than 
 three francs. There is no appeal from a sentence of the Cour d' Assizes; 
 but in case of a formal or material violation of the law, recourse can 
 be had to the court of cassation ; and a new toial must follow before 
 another Court of Assizes. 
 
 "^ To complete the description of the organization of the tribunals of 
 France, and the connexion of its judicial hierarchy with the adminis- 
 trative division of its territory, it may be proper here to remark, that 
 France is divided into eighty-six departments, each department being 
 governed by a Prefect {Prefel) with a council, {Conseil de Prefecture,) and 
 is subdivided, according to the size of the department, into 363 arron- 
 dissemcnts, governed by Sub-Prefects, {Sous Prefets,) which are divided 
 in turn into 2,847 cantons, which are subdivided into 36,835 communes. 
 
 Each canton has a Juge de paix ; and, consequently, a Tribunal de 
 police. 
 
 Each arrondisscmeiit has a Court of First Instance [Tnbunal de Pre- 
 miere Instance) divided into civil and correctional chambers. 
 
 Each department has a court of assizes composed of members of the 
 court of appeal. 
 
 For the Courts of Appeal, France is divided into 27 Rissorts or juris- 
 dictions, each with its Cour d'Appel. 
 
14 PENAL CODES IN EUKOPE. 
 
 Lastly: at the head of the hierarchy is a court of cassation, {cour de 
 cassMwn,) the seat of which is at Paris. This consists pf three chambers, 
 of which two are fot civil affairs, (chambre des requStes, el chambre civile,) 
 and the third for criminal cases {chambre criminelle.) 
 
 There is a public prosecutor {ministere fvhlic) connected with every 
 court. At the police court he is the commissary of police ; at the Tri- 
 bunal of first instance he is the procureur de la Republique;* at the court 
 of appeal he is the Procureur General. The chief of the whole parqiiet 
 is the Procureur general de la.cour de cassation. A hierarchical subordi- 
 nation exists between these magistrates, \!?hose mission it is to see to 
 the execution of the laws, and who a,re greatly assisted by the system 
 of centralization, according to which twenty-seven procureurs of the 
 courts of appeal are in permanent relation with the Procureur genial 
 of the Court of Cassation, and with the minister of justice. 
 
 A public prosecutor is exclusively attached to the court of assizes, 
 these courts being composed of members of the courts of appeal. At 
 the court of appeals, when this court exists in the same place with the 
 assizes, the fuctions of public prosecutor are performed by the persons 
 who compose the ministere public ; otherwise by the Procureur de la Re- 
 publique. 
 
 This general sketch of the divisions, judicial aind administrative, of 
 France, will not be complete without giving the legal- and administra- 
 tive provisions concerning the penitentiary system of France. 
 
 An ordonnance of 2d April, 1817, rpodified the most essential dispo- 
 sitions of the Code Penal on punishments, and completely changed the 
 whole prison system of the country. By this ordinance were instituted 
 ma.isons centrales de detention, or penitentiaries, uniting the maisons deforce 
 with the maisons de correction for prisoners condemned for more than one 
 year. The flagrant injtistice of this ordinance consists in this : that 
 persons who are condemned to the degrading penalty of ?-ecZzm"o» re- 
 ceive the same punishment as those who are condemned for a correc- 
 tional imprisonment of more than one year. 
 
 There are in France sixteen circonscriptions de maisons centrales, or 
 penitentiary districts, tne maison centrale, or penitentiary, serving for 
 several departments. 
 
 In order to reform this condition of the prisons, which is so contrary 
 to the spirit of the laws, a commission was instituted in 1844 to inquire 
 what changes were needed. This commission has as yet made no 
 report. ' 
 
 For imprisonment of less than one year there is a house of correc- 
 tion in every Department, except when the Departments are very small, 
 in which case there is one establishment of this kind for two Depart- 
 ments, the superintendence of which is entrusted to a commission of 
 from three to seven persons, appointed by the Minister of the Interior. 
 
 For the execution of police sentences, there are cantonal and muni- 
 cipal prisons, supported by the communes by which they are used. 
 
 The execution of the punishments of travaux fo/ces, (hard labor,) 
 banishment and deportation (transportation) will be spoken of hereEtfter. 
 
 The ordinance of 1817, before mentioned, directs that the maison, 
 
 * Now Procwew Imperial. 
 
PENAL CODES IN EUROPE. 15 
 
 centrale of Mont St. Michel (department of the Manche) shall be fixed 
 as the residence for those condemned to transportation, till a penal 
 colony shall be instituted, and that when permission to emigrate has 
 not been given, persons condemned to banishment shall be sent to the ' 
 maison centrale of Pierre-Chatel. 
 
 By an ordinance of the year 183-5, the prison of Mont St. Michel 
 was designated for the incarceration of political offenders; and, as may 
 be well imagined, it is not the least crowded prison in France. 
 
 In regard to those who are awaiting trial, there are particular prisons, 
 called maismis Xarret and maisons de justice — ^these last being places 
 where prisoners are confined who are indicted by order of a criminal 
 court, {chambre d^ accusation,) which takes the place of our grand jury. 
 
 By an ordinance of the year 1819, a general committee on prisons 
 {covseil general des prisons) was organized, consisting of twenty-four 
 members chosen by the minister of the interior from among the mem- 
 bers of the association for the amelioration of prisons. It ascertains 
 the condition of the prisons, and indicates proposed ameliorations. Be- 
 sides this council, there is a special inspection of the prisons performed 
 by a commission consisting of two inspectors of the first class, four of 
 the second class, and two honorary inspectors g6neral. 
 
 Besides this central commission, each department has a commission 
 of from three to seven persons, appointed by the minister of the interior, 
 on the proposition of the prefect. One of those persons must be the 
 Procureur de la Republique. The special object of this commission is 
 the interior superintendence of the prisons and of all that concerns the 
 salubrity, the discipline, the regular tenure of the registers, the labor 
 and its distribution, and lastly, the religious and moral instruction of 
 the prisoners. 
 
 For the prisons of Paris there is a special council of twelve members, 
 who are chosen firom the conseil general des prisons, under the direction of 
 the prefect of police. Besides the administrative superintendence, 
 thfere is a legal surveillance by the judicial magistrate ; the juge dHn- 
 struction being obliged to visit the prisons in his jurisdiction every 
 month, and to make a minute of his visit in his o.wn handwriting on the 
 records. The law requires that the Procureur de la Republique visit the 
 prisons "frequently." 
 
 Lastly, the president of the Court of Assizes must visit the maison de 
 justice before the commencement of the session, and hear all complaints 
 of prolongation of detention. 
 
 Besides these judicial magistrates, the prefect must at least once a 
 year visit all the prisons and prigoners within his department. (Art. 
 611, Code d'Instruction Criminelle.) The mayor of every commune, 
 where there is a prison, and in those communes which have several 
 mayoralties, the prefect of police, or the commissary general of police, 
 is obliged to visit the prisons within his jurisdiction at least once a 
 month. The last named officfers see particularly that the nourishment 
 of the prisoners is sufficient and wholesome. They also have charge 
 of the police of the prisons. Nevertheless the judge d' instruction and 
 the president of the court of assizes can determine the regulations which 
 they may think necessary for the preliminary proceedings of their 
 oflice. 
 
16 PENAL CODES IN EUROPE. 
 
 The economy of the Code Penal, the jurisdiction of the criminal courts, 
 and the administrative judicial and penitentiary systems of France, 
 having thus been explained, I shall now proceed to' analyze the code 
 ■ itself, according to the method observed in the same. 
 
 BOOK I. 
 
 PUNISHMENTS OF CRIMES AND MISDEMEANORS, AND THE CONSEQUENCES 
 
 OF THE SAME. 
 
 The Code Penal differs from most existing codes, in commericin^g with 
 the punishment, instead of the description of offences. There is the 
 advantage of clearness in this system, the French legislator giving no 
 definition of offences, but indicating their nature by the punishments 
 which follow them. 
 
 . Punishments of crime are either afflictive and infamous, (ajflictives et 
 infamantes,) or simply infamous, (ivfama.ntes.) 
 
 Punishments of misdemeanors are affiiclives, without being degrading. 
 There are also certain punishments vyhich are common to both crimes 
 and misdemeanors. 
 
 The distinction made by Benlham, that every punishment should be 
 personal, divisible, proportionate, certain, and repairable, has not been 
 observed in the Code. Penal ; for the punishment is in many cases not 
 personal, as in the case of civil death, (mort civile,) when the family of 
 the ofiender is more punished than he himself. All punishments are 
 not divisible, as, for example, - capital punishment, imprisonment for 
 life, and the numerous degrading punishments. Neither are they all 
 proportionate: fines, which are very frequent in the laws, not being 
 proportioned to the means of the offender ; and lastly, they are not, in 
 all cases, repairable, as in the instances above mentioned of the pun- 
 ishment of death and penalties implying degradation. 
 
 A great deficiency in the French penal system is, that the infamy 
 results, not from the intrinsic nature of the crime, but from the acciden- 
 tal nature of the punishment. 
 
 I. PUNISHMENT FOR CRIMES. 
 
 The following punishments are called affiictives et infamantes : 
 
 1st. , Capital Punishments. 
 
 The proposition to abolish capital punishment has been several times 
 brought forward in France.* It was abolished soon after the revolution 
 of 1830, but was restored in the revised code of 1832. In 1848 it was 
 abolished for all political offences, except under the regime of martial 
 law, and has since, in 1853, been partially restored. 
 
 *By the Lex Portia of Rome, capital punishment was abolished. It was also abolished by 
 one of the Potiphars of Egypt, centuries before Christ. 
 
PENAL CODES IN EUROPE. 17 
 
 The crimes punishable with death under the existing code are : 
 
 1st. High treason; 
 
 2d. Exciting to civU war ; 
 
 3d. Seducing the troops from their duty ; ' ' '-; 
 
 4th. Usurpation of any of the rights of the executive ; '* 
 
 5th. Conspiracy of pubhc functionaries against the internal safety of 
 the state ; 
 
 6th. Blows or wounds inflicted on a public agent (with intent to 
 kill) when he is hi the performance of his duties ; 
 
 7th. Murder ; 
 
 8th. Parricide; 
 
 9th. Infanticide ; 
 
 10th. Sequestration of any person, accompanied by physical torture ; 
 
 11th. Perjury or bribery of witnesses, when it results in a sentence 
 of death ; 
 
 12th. Arson, when it consists in burning an inhabited or habitable 
 building. •' 
 
 The code of 1832 diminished the liability to capital punishment for 
 these offences, by extending to the jury the right of declaring the ex- 
 istence of extenuating circumstances, in which, case the punishment 
 was commuted. 
 
 The mode of capital punishment, according to article 12, is decapi- 
 tation. 
 
 In case of parricide, the punishment is aggravated by the criminal 
 being compelled to walk barefooted to the scaffold^ clothed only in a 
 shirt, with a black veil over his head, and being exposed on the scaf- 
 fold while the sentence of condemnation is read.* 
 
 The execution of capital punishment is pubhc, and takes place in 
 one of the pubhc squares, which is designated in the sentence. In case 
 of pregnancy, the execution of a woman must be postponed till after 
 her delivery. 
 
 The family of a criminal who has been condemned to death can 
 claim his body after execution, but upon the express condition that it 
 be buried without ceremony. 
 
 2d. Imprisonment and hard labor for life, (Travaux forces a perpeiuite.) 
 
 The crimes subject to this punishment are : 
 
 ] St. Counterfeiting gold or silver coin ; 
 
 2d. Passing the same ; 
 
 3d. Counterfeiting the seal of the state, bank bills, or state bonds 
 with the government stamp ; 
 
 4th. Counterfeiting on the part of a public officer in the exercise of 
 his functions, whether by false signatures, or by alteration of acts, 
 writings, or signatures, or by substituting the names of persons in 
 public documents, (whether by additions or interpolations,) after said 
 doctunents have been completed ; or by in any way altering or inter- 
 lining public records ; 
 
 * By the Roman law, according to the Lex Pompeija, the parricide was tied up in a leathern 
 sack with a deg, an ape, a cock, and a viper, and thrown into the Tiber. 
 
 2 
 
18 PENAL CODES IN EUROPE. 
 
 5th. The fraudulent distortion of the substance or details of any official 
 paper on the part of the functionary who draws it up, whether the 
 fraud consists in writing agreements ether than those which have been 
 •dictated to him by the parties, or in stating as true facts which are false, 
 or in falsely certifying as to facts agreed upon by the parties to the 
 instrument ; . 
 
 6lh. The punishment of hard labor for life, is also incurred in case of 
 violence, resulting in death, against a public agent or functionary, while 
 in the performance of his duties; 
 
 7th. In case of a prison guardian furnishing arms to a prisoner to 
 assist him in his escape ; 
 
 8th. In case of homicide, when this crime is neither preceded, ac- 
 companied, nor followed by another crime; and also when it shall 
 have had for its object either to prepare, facilitate, or commit a mis- 
 demeanor, or to assure the safety of the authors or accomplices in a 
 misdemeanor ;* , 
 
 9th. Premeditated corporeal injury, resulting in irnmediate death, or 
 fatal wounds, when this injury is inflicted upon a legitimate or illegiti- 
 mate father or mother, or upon other legitimate ascendants, and when 
 the injury, if committed by another, would be punished with hard 
 labor lor a term of years ; 
 
 10th. Violation of a child, under fifteen years of age, accompanied by 
 personal injury, and when the guilty person has a certain authority 
 over the child, whether that of parent, teacher, priest, or public func- 
 tionary, and when the criminal has been aided by one or more persons; 
 
 11th. The detaining or sequestration of a person against his will for 
 more than a month ; 
 
 12th. The exposure and abandoning of a child,, when death follows 
 such .exposure ; . 
 
 13th. False witness against any one accused of crime, when followed 
 by sentence to hard labor for life — ^in which case, the false witness is 
 subjected to the same punishment ; 
 
 14th. Bribery of witnesses is a similar case, and is followed by 
 similar results ; 
 
 15th. Robbery, attended by the following circumstances: if com- 
 mitted in the night; if committed by two or more persons ; if the 
 criminal or either of his accomplices was armed, secretly or openly; 
 if committed in an inhabited house, apartment, chamber, lodging, or 
 any place serving for a habitation, or any outhouses belonging thereto, 
 by means of false keys, or scaling the walls, (escalade,) or the use of 
 any external violence ; when the criminal takes the title of a public 
 functionary, or of any civil or military authorhj'^; when committed by 
 corpoi-eal violence, or threat of arms; and when the criminal inflicts 
 personal wounds, or leaves marks of contusion ; 
 
 16th. This punishment is inflicted on exchange iagents and brokers — 
 who are alone permitted by law to do business at the exchange + — 
 when convicted of iraadulent bankruptcy; 
 
 ]7th. It is also the punishment of arson under certain circumstances. 
 
 *In Ihia last case aa in the one prooeding, lur.vever, the punishment may be death. 
 t'Soe appendix (b) to report in adrnirjiatraliva changes in France. 
 
PENAL CODES IN EUROPE. 
 
 19 
 
 The kind of work performed by criminals condrmned to hard labor 
 for life, is determined by the administration. At Brest and Rocheibrt, 
 they are engaged on the public works of those two ports ; in Toulon 
 th^ work at different trades. 
 
 A decree of the president of the 20th February, 1852, founded on an 
 interesting report of the minister of marine and the colonies, provides 
 for the* removal of the bagnes out of France. The report is founded on 
 a suggR'Slion of the president that the penalty of hard labor in the bagnes 
 mightoe made more efficacious, moralizing, less expensive, and at the 
 same time more humane, by being turned to account in the work of 
 colonization. This suggestion had been referred to <a commission, and 
 the result of its labors was the proposition in question. 
 
 Cayenne is to be made the seat of the new penitentiary establishment. 
 In order not to subject the convicts to transportation against their will, 
 registers were opened at the bagnes of Brest, Rocheibrt, and Toulon, 
 for receiving the names of those willing to go. Three thousand volun- 
 teered. They are to be sent off in detachments, the first to consist of 
 artisans, who will prepare for the accommodation of those coming after. 
 
 The convicts are to be fed like prisoners of war, to be lodged like 
 the troops in tlie colonial garrisons, to be clothed as the climate may 
 require, not to wear chains, except as a means of punishment; to be 
 kept in order by a military force, gendarmes, police, &c. ; to be accom- 
 panied by a chaplain, and an hospital is to be established. 
 
 It is proposed to employ them mostly in cultivating the land, and 
 those conducting themselves well are to receive concessions of land. . 
 
 The estimated cost of founding the penal colony and making the 
 changes is four millions and a quarter of francs. 
 
 The bagne of Rocheibrt is to be immediately suppressed, and the 
 elements of a new decree are now being elaborated, which shall abol- 
 ish the institution of bagnes in France. 
 
 3d. Transportation. 
 
 According to the code of 1832 this punishment is only for political 
 offenders. Since 1815 it has been so difficult to find a suitable place 
 for the reception of criminals that, to a great extent, transportation has 
 given place to arbitrary imprisonment. But, at this moment, the gov- 
 ernment is organizing extensive penal colonies in Caj'enne and Algiers. 
 By a decree, dating but a few years back, criminals to be transported 
 to these colonies will include those who have been convicted oi rupture 
 de ban,or in other words, with having transgressed the regulations con- 
 cerning former convicts who are under the surveillance of the police. 
 
 4th. Imprisonment and hard labor for a term cf years. 
 
 This punishment is very common. The duration of it is not less 
 than live nor more than twenty years. It is applied to the following 
 offences: 
 
 1st. Counterfeiting or altering the copper coins of French or foreign 
 currency, or passing or assisting in the circulation of counterfeit copper 
 coin; counterfeiting the common stamp of the state, or the gold and 
 
20 
 
 PENAL CODES IN EUROPE. 
 
 silver stamp, or the timber mark ; and lastly, forging of legal docu- 
 ments, or of commercial or banking paper, whether by counterfeiting 
 or altering the writing or signature, or by the writing of false articles 
 of contract,, or false provisions to legal documents, or false indictments, 
 or false codicils, or the alteration of clauses, depositions, or statements 
 of which any legal document is composed, or assisting in the execution 
 of or in any way practising such forgeries ; 
 
 2d. The giving of a passport, on the pait of a public officej, made 
 out in a false name, and he knowing it to be false ; 
 
 3d. The embezzlement or purloining, on the part of a clerk, receiver, 
 public deposijLary, or accountant, of public or private money, or current 
 bills, or documents, or titles, or moveable effects, which may be in his 
 possession by virtue of his functions, provided the value is over 3,000 
 francs; and no matter what may be the value of the embezzled or pur- 
 loined property, if this property exceeds or equals a third of the whole 
 receipts or deposites in the offender's possession; or if it consists of 
 money, or documents received or deposited as security ; or if it is a 
 receipt or deposite attached to a place requiring security ; or if, lastly, 
 it is a third of the common product of the receipts for one month, or a 
 receipt composed of successive entries not subject to security. 
 
 4th. The destruction, suppression, embezzlement, or intentional mis- 
 laying, on the part of a judge, administrator, public officer, or function- 
 ary, of acts or documents, of wliich he may have been, in his official 
 capacity, the depositary, or which may have been confided or com- 
 municated to him in his official capacity ; 
 
 5th. Also the same crimes, when coirimitted by any officer or clerk, 
 whether of the government or of a public depositary ; > 
 
 6th. Rebellion, when more than twenty armed persons are engaged 
 in it ; 
 
 7th. Favoring the escape of a person condemned to death or to hard 
 labor for life, whether by the guardian of the prison or persons who 
 have corrupted him ; , 
 
 8th. Breaking of seals ; 
 
 9th. The forming or commanding of bands before any crime has 
 resulted from their organization ; 
 
 10th. Wounds given with prerneditation, or lying in wait. 
 
 11th. The suggestion or application of means of abortion by physi- 
 cians, when followed by the effect intended ; 
 
 12th. Violation of a child under twelve years of age ; 
 
 13th. Bigamy; 
 
 14th. Sequestration of a person without the order of the proper 
 authorities, except, in those cases provided for by law ; 
 
 15th. Exposure of a child ; 
 
 16th. Abduction of a girl under sixteen years old ; 
 
 17th. Perjury for money ; 
 
 18th. Aggravated theft ; 
 
 19th and lastly. Misdemeatiors of constructors or purveyors. 
 
 Those who in these numerous cases have been condemned to hard 
 labor are employed at the severest kind of work. Each one has a 
 chain and ball attached to his foot. When the nature of the work per- 
 mits it they are chained together in couples. 
 
PENAL CODES IN EUROPE. 21 
 
 Women and g^rls condemned to hard labor, are employed in the 
 interior of the prisons. The men, generally, work in the open air. 
 
 Those who are condemned to hard labor and confinement are ex- 
 posedi for one hour, on a public place. A writing placed over the 
 head gives, in large legible letters, the name, profession, domicile, crime, 
 and punishment of the criminal. This punishment cannot be pro- 
 nounced against minors under 18 years of age, or septuagenarians. 
 The Court of assizes can also, when the condemnation is not for life, 
 and when it is the first offence of the criminal, direct that it be dis- 
 pensed with. 
 
 The penal code of 1832 substituted for the pillory public exposure. 
 The only mitigation of the severity of this kind of punishment is in the 
 power given to the Court of assizes of dispensing with it, which is fire- 
 quendy done. 
 
 Another .consequence of this punishment, as well as o£ 7'eclusion, deten- 
 tion, and banishment, is civil degragation, -(on which 1 shaU speak more 
 at length hereafter,) the being placed under the sutveillance of the high 
 police, aiid deprivation of all civil rights. 
 
 A brief abstract of the sentence is printed and posted in the chief 
 town of the department, or in the city where it was pronounced ; in 
 the commune of the place w;here the offence was cornmitted ; in that where 
 the sentence is executed ; and in that of the domicile of the criminal. 
 
 5th. Detention- 
 
 Those who are sentenced to this punishment are confined in some 
 one of the fortifications in continental France, specified by an ordinance 
 of the president. The prisoners communicate with the persons in and 
 out of the fortifications, according to a police regulation established by 
 an ordinance of the executive power. 
 
 This punishment cannot be pronounced for less than three nor more 
 than twenty years. It is pronounced but in few cases, as follows : 
 
 1st. Conspiracy, when not followed by an overt act ; 
 
 2d. Design upon the life of any member of the reigning family, when 
 formed by one person alone, and followed by some overt act towards 
 its execution ; 
 
 3d. The celebration of a marriage by a priest, who has not first 
 satisfied himself, by presentation of the acte ciml, that the marriage has 
 been regularly contracted, and who has been already punished twice 
 for a similar omission. In explanation of this provision it may be 
 remarked, that the code civil recognizes no other marriage than tht 
 manage civil, which must be performed before a civil magistrate, 
 according to certain prescribed forms — ^a regulation provided by Napo- 
 leon, in order to diminish the influence of the clergy. 
 
 4th. Writing a direct provocation to the disobedience of the laws, or 
 to any act of the public authorities, or which has a tendency to excite 
 citizens to take arms. 
 
 6th. Reclusion. 
 
 Reclusion consists of imprisonment in a maison de force, (penitentiary,) 
 in which the prisoners have a choice of labor in several trades. The 
 duration of this punishment is not less than five or more than ten years. 
 
22 PENAL CODES IN EUROPE. 
 
 A decree of 25lh of February, 1852, regulates the work in the prisoiis. 
 The prisoners who are not directly iemployed by the administration in 
 works destined to the service of the prisons, or to the public service, 
 can be employed in works of private industry, under certain conditions, 
 determined on by particular regulations. In virtue of this decree the 
 minister of the interior has issued areglemejii, by which the employment 
 at different works, which may be exercised in the maisons cetittales and 
 prisons of the Seine, is fixed by contract and by public competition. 
 
 With the consent of the administration, the manufacturers in thie 
 prisons can make experiments, which may be introduced at a later 
 period in their establishments. 
 
 The minister of the interior fixes the minimum arid the maximum of 
 number of prisoners who can be employed at each trade. 
 
 It is inflicted for — 
 
 1st. Counterfeiting, under certain circumstances,. whether of money 
 or documents ; 
 
 2d. Bribery of a judge or jury in criminal affairs; 
 
 3d. Abuse of authority in certain cases, or aiding or abetting the 
 same, when against the commonwealth ; 
 
 4th. Rebelhon without arms, when more than thirty, persons are en- 
 gaged in it, or with arms, when it consists of from three - to twenty 
 persons; 
 
 5th. Premeditated violence against public functionaries, or their 
 agents, when it causes wounds, sickness, or the shedding of blood; 
 
 6th. Favoring the evasion or escape of a prisoner ; 
 
 7th. Breaking the seals of public documents, or taking them away 
 from public depositories ; 
 
 8th. Lentling any assistance to a band or association of malefactors,, 
 formed against persons or property ; or for knowingly and voluntarily 
 furnishing weapons, munitions, instruments of crime, lodging, retreat, 
 or place of meeting, to any such band, or to anj' portion of it ; 
 
 9th. The commission, on the part of a beggar or vagabond, of any 
 act of violence for which, owing to the peculiar circumstances, other 
 and severer punishments have not been provided ; and, alsOj in case 
 such beggars or vagabonds have made use of false certificates, passes 
 or passports; 
 
 lOih. Assault and battery, causing wounds or sickness, or leading tO' 
 inability to work for twenty days; and in case of assault and battery 
 
 fhich causes no such result, but is committed against a legitimate, il- 
 gitimate, or adopted father or mother, or against a legitimate grand- 
 parent ; 
 
 11th. Furnishing the means for producing abortion in a pregnant 
 woman, when by the use of the same there results sickness, or inability 
 to labor for more than twenty days ; 
 
 12th. An indecent assault, {attentat a la fuSeur,) attempted or com- 
 mitted, without violence, on the person of a child of either sex, under 
 eleven years of age, or any such assault on a person over fifteen years 
 ofage; 
 
 13th. The abduction of a child ; the secretion, or denying the exist- 
 ence of a child; or the substitution of one child for another; or the pas- 
 
PENAL CODES IN EUROPE. 23 
 
 sing off of a strange child as the child of a woman who has never been 
 delivered ; 
 
 14th. The abduction, by fraud or violence, of minors; or enticing or 
 removing them avi'ay from those under whose authority or direction 
 they have been placed, and to whom they owe obedience ; 
 
 15th. Perjury, without bribery, in a trial lor misdemeanor, or a sim- 
 ple police case. 
 
 7th. Banishment. 
 
 Persons who are condemned to baiu'shment, are conducted to the 
 frontiers of the State, under order of the government, and there set at 
 liberty. 
 
 This punishment, which dates back to the Roman law, (%elegatio,) 
 was abolished by the code of 179] , for reasons of international comity. 
 To set criminals loose in foreign territory was considered contr%ry to 
 the principles of good neighborhood. Nevertheless, it was re-enacted 
 by the code of 1810, and by an ordinance of April 2, 1817, persons 
 condemned to banishment were to be first confined at Pierre Chdtd, 
 whence they were sent to foreign countries only in the event of a royal 
 permission. 
 
 In case the banished person returns to the country before the expira- 
 tion of his term, he is condemned, on the simple evidence of his iden- 
 tity, to imprisonment for a term of years at least equal to, but never 
 more than double, his unexpired term of banishment. 
 
 Late penal codes in other countries — the code of Prussia, for instance 
 — ^have not introduced this punishment. 
 
 8th. Civil Degradation. 
 
 This is rather an accessory than an independent punishment, being 
 the result of a condemnation to detention, rechsion, or banishment. 
 
 The punishments of hard labor for life, of transportation, and of 
 death, involve also civil disability, or, as it is sometimes called, civil 
 death, the chief characteristics of which are, the loss of all property on 
 the pan of the condemned ; the opening of a new succession in favor 
 of bis legal heirs ; incapacity to dispose in any way of his property, in 
 whole or in part ; incompetency to perform any civil act ; and, finally, 
 so far as its civil effects are concerned, dissolution of marriage. 
 
 The results of civil degradation are : 
 
 1st. Forfeiture of all political, but not civil, rights ; 
 
 2d. Dismissal from public functions or employments ; 
 
 3d. Deprivation of the right of voting, or of being elected to any 
 oflSce ; 
 
 4th. Incapacity to give evidence in public affairs, or to be a juryman 
 or an official appraiser or surveyor ; 
 
 5th. Exclusion from taking any part in the consdl defamille, (council 
 of the nearest relatives,) or of being a tutor or guardian ; 
 
 6th. Deprivation of the right to bear aims, to belong to, the national 
 guard, to serve in the army, to keep school, or to be employed in any 
 educational institution ; 
 
24 PENAL CODES IN EUROPE. 
 
 The only instances of civil degradation without previous punishments 
 are : 
 
 1st. In case of fraud at elections, such as fraudulently taking away 
 or altering ballots ; 
 
 2d. The infringement on the personal hbeyty of a citizen by the ar- 
 bitrary action of a public officer ; 
 
 3d. In case of wilful resignation of a public office for the purpose of 
 preventuig or suspending the administration of justice, or of any pub- 
 lic affairs ; 
 
 4th. In case of the usurpation, on the part of a judge, of legislative 
 or administrative functions w-hich do not belong to him; 
 
 5th. In case of the taking of pay by a public officer for doing his 
 duty when no pay is allowed by the law ; 
 
 6th. Ip case of insult offered to a judge in court, or to a priest while 
 in the exercise of his functions ; lastly, 
 
 7tlf. The bribery of witnesses in a case before the correctional police. 
 Perjury in civil procedure, is provided for in the same way. 
 
 II. — ^Punishments for Misdemeanors, {e?i matiere correctionndle.) 
 
 These punishments are as follows : j 
 
 1st. Temporary imprisonment in a house of correction ; 
 
 2d. Temporary forfeiture of certain political or social rights ; 
 
 3d. Fines. 
 
 The nature of these punishments is as follows : 
 
 1st. Temporary imprisonment. 
 
 This is not for less than six days, nor more than five years, except in 
 case of repetition of an offence, when the judge, in view of aggravating 
 circumstances, can increase the punishment. 
 
 By the provisions of the penal code, persons who are sentenced to 
 imprisonment are confined in a house of correction, where they have 
 the privilege of choosing some kind of labor. The product of their 
 labor is applied partly to the expenses of the prison, partly, where it is 
 merited, to procure some alleviation of the lot of the prisoners, and. 
 partly to form a reserved fund which is given to the prisoner on the 
 expiration of his sentence. 
 
 2d. Temporary forfeiture of certain political and social rights. 
 
 The rights which in case of civil degradation are completely annul- 
 led, are in this case merely, suspended. 
 
 3d. Fine- 
 
 This punishment is either pronounced separately, or in addition to 
 imprisonment. 
 
 It is to be remarked, that in all the system of fines imposed by this 
 code, no allowance is made for the difference of property of offenders. 
 
 The Roman law declared a fine which was disproportioned to the 
 fortune of the offender to be null, (mulcta immoderata et excessiva ipso 
 
PENAI. CODES IN EtfROPE.. 25 
 
 jure nvUa est,) and in case of poverty, the fine could be remitted by the 
 judge. 
 
 In the Brazilian penal code, fines are regulated in a remarkable man- 
 ner. No specific amount is fixed in any case, but it depends wholly 
 upon the offender's income. 
 
 The French jurists aflSrm, in defence of their system, that to estimate 
 the property of the person condemned, in such instance, is too difficult; 
 and for this reason their best authors advocate the system of giving to 
 the judges, in this respect, unlimited power. 
 
 The annals of penal condemnations in France show that fines, as 
 regulated by the existing legislation on this subject, often amount to 
 confiscation of the offender's whole property ; and this punishment was 
 abolished by the code of 1832. 
 
 The French legislators fail, in this respect, to accord a right which 
 in England dates back to the Magna Charta. The articles twenty-five 
 and tw%nty-eight of that instrument, declare that fines shall depend 
 upon the amount of property of the person fined. 
 
 It may be well to remark, however, that in practice, this provision is 
 far from being strictly observed. 
 
 The new penal code of Prussia, by which the minimum fine is one 
 thaler, (sixty-nine cents,) leaves the amount of the fine to the discretion 
 of the judge. In case of insolvency, the punishment is changed from 
 fine to imprisonment, one day of imprisonment being reckoned, accord- 
 ing to circumstances, fi-om one to three thalers. (Article 17.) 
 
 So far as can be judged by Staunton's translation of the Ta-Tsing- 
 Leu)-Lee, in which all offences, even capital offences, can be redeemed 
 in money, according to a regular tariff" of prices (as in the Leges Barba- 
 rorum of Germany,) it would seem that the Chinese go fiirther in 
 respect to the system of pecuniary retributions and substitutions, in 
 case of crime, than any other people. 
 
 III. — Punishments for Crimes or Misdemeanors. 
 
 To this class belong : 
 
 1st. Placing persons under the surveillance of the high police ; 
 
 2d. Pecuniary damages in favor of the injured party; 
 
 3d. Fines, 
 
 Of which I have already spoken, and which, together with damages 
 and costs, may be changed, where there is incapacity to pay, to im- 
 prisonment. 
 
 After one year's imprisonment on account of the fine and costs of 
 suit, counting firom the termination of the punishment for the offence 
 for which the offender was imprisoned, he can demand a conditional 
 liberation. 
 
 In case of simple misdemeanor, additional imprisonment, on account 
 of inabifity to pay a fine, cannot exceed six months. 
 
 The surveillance of the high police is a punishment which was much 
 mitigated by the code of 1832. 
 
 By the original penal code, persons who incurred this punishmeQt 
 had to give bonds for good behavior, (the amount being fixed by the 
 
26 
 
 PENAL CODES IN EUROPE. 
 
 judge,) on leaving prison, and were compelled, besides, to reside in 
 some place appointed .by the magistrate. 
 
 In the code of 1832, this provision was abolished, and the govern- 
 ment has only the right to designate certain places to which the crimi- 
 nal sha]lnol go.* 
 
 At the expiration of his term of imprisonment, the criminal must 
 declare where he intends to reside, and is furnished with a passport 
 {feuiUe de route) to that place, by which he must regulate his route, and 
 from which he is not to deviate. This passport indicates also the time 
 he can rest in each place on the route. 
 
 Within twenty-four hours after his arrival, be must present himself 
 at the mayor's office, and not leave it till he has received a new pass- 
 port. In case of violation of either of these provisions, he is liable to 
 imprisonment for, a term not exceeding five years. 
 
 These punishments are never inflicted independently of eaeh other, 
 but always additionally. 
 
 Many regulations exist as to their execution, to which reference will 
 be made later. 
 
 In case of crime and misdeCneanor, the offender can be condemned 
 to damages in favor of the injured party. The amount of these dam- 
 ages is left to the decision of the judge, provided the injured party de- 
 mands it. , . 
 
 More precise regulations concerning the realization of such demands 
 will be given under the head of penal procedure. 
 
 IV. — ^Police Punishments, {Pdncs de police.) 
 
 To this lowest class of penalties, belong imprisonment and fine, and 
 the confiscation of certain objects seized by the authoriti.s. 
 
 The penalty of imprisonment pronounced by the police courts cannot 
 be less than one day, or more than five days, according to the distinc- 
 tion and classes laid down by law. One day's imprisonment is a term 
 of twenty-four hours. 
 
 The fine can be from one to fifteen francs, inclusive, and is also pro-' 
 nounced according to the different classes and distinctions of the law. 
 Fines are applied to the benefit of the commune where the ofjence was 
 committed. 
 
 In certain cases fixed by law, the police court can pronounce the 
 confiscation, either of the object seized, or the materials or instruments 
 which have served, or were destined to commit the offence. 
 
 * By a decree issued lately, all persons under the surveillance of tke high police are for- 
 bidden to remain in Paris, or its environs, or in Lyons. 
 
FBNAI. CODES IN EUROPE. 27 
 
 BOOK II. 
 
 CONCERNING PERSONS PUNISHABLE, EXCUSABLE, OR RESPONSIBLE FOR 
 CRIMES OR MISDEMEANORS. (DES PERSONNES PUNISSABLES, EXCU- 
 SABLES, OU RESPONSABLES POUR CRIMES OU DELITS.) 
 
 This book contains general provisions concerning the personal effects 
 of a punishable action. It is not enough that the law, in objeciivo, fixes 
 the requisitions and conditions of a crime or misdemeanor, but the legis- 
 lator has another and more difficult task to determine, in suhjectixo, the 
 elements of culpability. 
 
 For this last, the legislator must be acquainted with the laws of psy- 
 chology as well as with the laws of criminal polity. 
 
 The will only must be punished ; that is, the free, spontaneous, con- 
 scious will ; and when, instead of this will, a condition of the mind 
 exists which leads irresislably to an action which is attended by penal 
 consequences, or when no will exists, owing to want of intelligence and 
 the incapacity to distinguish between right and wrong, a just law can 
 find no wrong, and institute no punishment. 
 
 It is the chief duty of the judge and the jury to appreciate the mental 
 condition of the accused, and to know how far he has knowingly and 
 voluntarily committed an action which in itself is considered by the 
 law as a crime or misdemeanor. 
 
 This book also contains general rules concerning participation in a 
 punishable action ; and to this end is divided into two parts — ^the first 
 treating of the consequences of the participation of several persons in 
 the same crime or misdemeanor; the second, defining the circumstances 
 which make the act of an individual punishable. 
 
 By this last provision, the judge and jury are not limited in their deci- 
 sions in this respect, as they have in every case to determine whether 
 there is impunity, and to what extent. 
 
 The law gives merely the general grounds which are demanded by 
 equity and morality, without ever maldng the application to a single 
 case. Complicity differs therefore from culpability as a principle, in 
 so far that, in what regards the first, the law defines clearly and fully 
 its nature and consequences ; while in what regards the second, all the 
 circumstances which constitute an offence are not positively defined, but 
 only negatively ; and it gives some exceptions in which a complete or 
 partial exercise of judicial discretion is allowed. 
 
 I. — Complicity. 
 
 By complicity in its widest sense is understood the action of a person 
 who has participated in the preparation, execution, or consummation 
 of a crime. It is of a two-fold nature — material and moral. The 
 material participation consists in furnishing the means of execution; 
 the moral participation consists in the direct or indirect provocation to 
 crime by means which are particularly defined by the law. In article 
 60 every case of complicity is detailed. 
 
 According to this article, there are punished as accomplices : 
 
 let Those who have excited to crime, or aided and abetted in it by 
 
2S PENAL CODES IN EUROPE. 
 
 gifts, promises, threats, abuse of authority or of power, machinations, 
 or guilty artifices ; 
 
 2d. Those who may have furnished arms, instruments, or any other 
 means which may have served in the commission of the offence, know- 
 ing that they were to be so used ; 
 
 3d. Those who shall knowingly have aided and abetted the author 
 or authors of a crime by any acts which may have prepared or facili- 
 tated its execution. 
 
 This is without prejudice to the punishment specially prescribed 
 against the authors ofcompbts, or of provocation against the exterior or 
 interior security of the State, even in the case when the contemplated 
 crime of the conspirators has not been committed. 
 
 In order to better understand this last provision, it must be remarked 
 that a very important distinction exists between complicity and com- 
 plot. Both are alike in this, that in both there exists a co-operation of 
 several; the difference between them is, that complicity is in general 
 the participation of several, whUst the complot is either alone a particu- 
 lar offence on account of the object of the association; or with the com- 
 plot the grade of the offence, and the quantum of the punishment, in 
 certain cases designated by the law, are augmented. In other words, 
 in case of complicity, the participation in the case of each individual is 
 examined separately, and the fact of the co-operation of several is 
 regarded as accidental and without influence. In ca'se of complot this 
 distinction of the particular participation is not established, aiid the fact 
 of the association or conspiracy is alone the ground of the punishment. 
 
 In the Code Penal, complot, in this last signification, is treated of in 
 articles 265 to 268. " Complot" is, in article 265, called a crime against 
 public peace, and is defined as "every association of malefactors against 
 personal property." 
 
 The article following shows clearly the nature of a complot, as has 
 been described. According to it, the complot exists by the fact alone 
 of the organization of bands, or correspondences between bands and 
 their chiefs and commanders, or by the fact of covenant, even agreeing 
 to render account, or to make peculiar division of the products of the 
 misdeed. 
 
 The members of these bands are punished by temporary hard labor; 
 and those who are not members of the band, but have knowingly co-ope- 
 rated with the same, are punished by feclmion. 
 
 Bearing in mind the distinction just explained, let us return to particu- 
 lar cases of complicity as determined by the law. 
 
 Those persons are punished as accomplices who, knowing the crimi- 
 nal intentions of malefactors proposing robbery, or violence against the 
 security of the state, the public peace, persons, or property, furnish 
 them habitually lodging, or places of retreat, or of meeting. 
 
 Lastly, those are regarded as accomplices who have knowingly 
 received and secreted objects taken away, embezzled, or obtained by 
 means of any crime or inisdemeanor. 
 
 The accoinplices in a crime or misdemeanor' are subject to the same 
 penalty as the authors, except in those cases where the law has pro- 
 vided otherwise. These exceptions are very rare, viz : in case of a 
 seditious gathering, of counterfeiting a public act, of adultery, of ihe 
 
PBNAI* CODES IN EUROPE. 29 
 
 baiMfcig together of malefactors, of opposition by acts to the continu- 
 ation of works authorized by the government. 
 
 Although the punishments fixed by law are equal for all accomplices, 
 they may nevertheless differ, as every offence has various degrees, and 
 the judge can, according to the graduation* of the offence, act witliin 
 the maximum and minimum of punishment. 
 
 Some interesting decisions of the court of cassation will serve to 
 show more clearly the spirit of the French legislation on this subject: 
 
 The accomplice of a parricide is punished the aarne as the principal 
 ofiender, although the relationship exists only between the principal 
 offender and the victim. Nevertheless, the court of cassation has, re- 
 cognized that when the punishment must be more rigorous, in conse- 
 quence of the repetition of the crime, this aggravation does not touch 
 the accomplice, because the repetition is a personal matter, and does 
 not affect the nature of the crime itself. 
 
 Assisting the flight of a criminal has been decided by the same court 
 not to be an act of complicity. ■ 
 
 Finally, the court of cassation has decided, in a very doubtful case, 
 and in contradiction to the opinion of many jurists, that an accomplice 
 can be prosecuted and have the whole punishment inflicted upon him, 
 even when the principal cannot be prosecuted — for example, in case of 
 fliight or death. 
 
 A milder decision of this court, on the other hand, declares that the 
 wife is not an accomplice in case of the secretion of stolen goods in the 
 conjugal residence. 
 
 In the theory of complicity, the German, and many other codes, 
 differ essentially from the French legislation. 
 
 Many pounds of complicity are established. A diSerence is made 
 between the originator and the accomplice ; the originator is either in- 
 tellectually or physicaUy so. In either case the punishment is the 
 same.. But in regard to accomplices, a distinction is made between a 
 principal and an accessory. 
 
 By the first is understood those without whose co-operation the deed 
 could not have been completed ; while by the last is understood those 
 who merely facilited its execution, and render assistance not abso- 
 lutely necessary to its consummation. The accessory receives a 
 milder punishment than the principal accomplice, The principal ac- 
 complice receives the same punishment as the principal originator. 
 
 Besides this complicity before and at the time of the deed, these 
 codes recognize a complicity after the deed — ^the so-called Begunstigung, 
 or "aid and comfort." 
 
 This being accessory after the fact, is a crime much less severely 
 punished than any participation in the fact itself. 
 
 Even the French law makes the only exceptions in regard to com- 
 plicity after the deed, in favor of the receleur, or he who has secreted 
 the objects which have been obtained by a crime. In this last-named 
 case the punishment of death is changed to hard labor for life. 
 
 This last punishment, or that of transportation, is changed to hard 
 labor for a term of years, when it is found that the receivers had no 
 knowledge of the circumstances to which the law attaches the punish- 
 ment of death, hard labor for life, and transportation. 
 
so PENAL CODES IN EUROPE. 
 
 On account of great doubts among jurists, the Council of State, on 
 the 10th of Decennber, 1813, gave an interpretation of the prescriptions 
 concerning the receivers of stolen goods, by which, when a robbery 
 has been committed by means of a murder, the persons who have re 
 ceived the stolen goods, and having knowledge of this fact, must be 
 considered as accomplices in the murder. 
 
 The Prussian penal code contains a special article on pibvocation to 
 an ofience by speeches in public places, or before public assemblies, 
 or by writings, caricatures, or other representations, which may be 
 sold, distributed, or colported, or openly exposed or placarded. 
 
 In this case, complicity exists when the provocation results in a crime 
 or misdemeanor, or a criminal attempt, liable to punishment. 
 
 If the provocation is without any such result, the sentence of im- 
 prisonment is pronounced for one year, when the crimes have no other 
 penalty attached to them. (These provisions of the Prussian law are, 
 borrowed almost textually from a French law of the 10th May, 1819.) 
 
 Another French law contains a regulation concerning the. press, (it 
 is dated September 19, 1835,) by which every a^ology^ for actions 
 defined as crimes and misdemeanors by the penal law is particularly 
 punished. 
 
 The Prussian penal code fixes but a mild punishment for those who, 
 after the commission of a crime or misdemeanor, give assistance to the 
 perpetrator, in order to shield him from punishment, or to secure to 
 him the advantage of the crime or misdemeanor. Such Begujutiger is 
 punished by fine, not to exceed two or three thalers, or imprisonment, 
 not to exceed one year. When the assistance rendered to a criminal 
 to shield him from punishment is rendered by ascendants or descend- 
 ants, brothers, sisters, or spouse, there is no punishment. If the assist- 
 ance is rendered in consequence of an agreement made before the 
 commission of the crime or misdemeanor, the person rendering assist- 
 ance is punished as an accomplice. 
 
 II. — Cases in' which an excme is allowed, and in which a complete or partial 
 responsiiility is established. 
 
 The 64th article of the penal code contains most important pro- 
 visions, to the efiect that neither a crime nor a misdemeanor exists, 
 when the accused is in a state of mental alienation at the time of the 
 commission of the act, or when he is constrained by a force w^hich he 
 cannot resist. 
 
 The laconicism of the French code on this subject is not to be found 
 in most of the other codes, where want of intelligence or free will are 
 specified. Some codes go so far in this respect, that they enumerate 
 the cases of mental alienation — one might almost say medically. For 
 example, the code of Oldenburg, which speaks even of melancholy as 
 a ground of impunity. 
 
 Other codes speak specially of the deaf and dunab, and make a spe- 
 cial distinction between those who by their education have reached 
 such a degree of intelligence, that it is to be supposed they can distin- 
 guish good from evil; 'and those whose mental and moral incapacity is 
 as untbrtunate as their incapacity for hearing and speakbg. Many 
 
PEJTAL CODES IN EUROPE. 31 
 
 codea treat of very old age, and declare those persons who have reached 
 their second childhood to be irresponsible. 
 
 The French code has established a general formula, under which all 
 these particular cases fall, and has thereby a great advantage over other 
 codes, for the greatest controversies always arise in the settlement of 
 individual and exceptional cases, concerning which the other codes are 
 always insuEBcient and defective. 
 
 The judge or jury must seek in every particular case to know if the 
 offender was expossd to influences or impulses which he was incapable 
 of resisting ; if he was a responsible being in the full exercise of free- 
 will and mental capacity ; or if, in the absence of those mental and phy- 
 sical qualities which distinguish rational men from lunatics and idiots, 
 he bad not ceased to be an accountable being. 
 
 Lastly, when there is full possession of the mental faculties, an offence 
 may be committed under circumstances which could not have been re- 
 sistedv,as, for example, when the husband kills the adulterer whom he 
 surprises in flagrante delicto, he may be said to have been impelled by 
 an irresistible ibrce. If he kills the adulterer some time after the 
 adultery has been committed, then it cannot be said that he acted under 
 the influence of irresistible force, for it is to be supposed that in the 
 interval his reason had resumed its sway. 
 
 The French code contains not one word about drunkenness, and it 
 is only necessary to know if a man in that condition was so far clouded 
 in his faculties as to have been impelled by a force which such a state 
 of mind made him unable to resist. The court of cassation, however, 
 has repeatedly decided, that drunkenness was no ground for excuse or 
 impunity. 
 
 Certain German penal codes have special provisions concerning drunk- 
 enness, and we find in some of them the remarkable principle that a 
 high degree of drunkenness always excuses, when the person has not 
 intentionally put himself in that condition in order to commit an offence. 
 Most of the codes speak under the head of imputableness' — of self- 
 defence. In this case, when the conditions of a legitimate self-defence 
 exists, that is, when an attack on persons or property is made, and the 
 same cannot be prevented by the intervention of the legal authorities, 
 there is no criminality, and resistance only becomes a crime or misde- 
 meanor when the limits of this legitimate defence are exceeded. 
 
 The penal code does not speak of self-defence in the general part of 
 the second book, but only in the special part of the thii-d book, in which 
 the different crimes and misdemeanors are treated oC. Homicide, 
 wounds, or blows, necessitated by legitimate self-defence, constitute 
 neither crimes nor misdemeanors. 
 
 This legitimate defence exists : 1st. When the homicide is commit- 
 ted, or the wounds or blows given result from repelling an attempt at 
 escalade, or breaking into enclosures, over walls, or into the entries of a 
 dwelling-house, or an inhabited apartment or their dependencies. 2d. 
 If the action occurs in defending one's self against robbers or persons 
 engaged in pillage by means of violence. 
 
 In some cases, the French law declai-es an offender excusable in 
 manslaughter. For instance, wounds and blows, or when they are 
 provoked by wounds or violence against the person, or when committed 
 
32 PENAL CODES IN EUROPE. 
 
 in repelling an escalade of an inhabited house during the day; the 
 kilUng of an adulterous wife or her accomplices when caught in the act; 
 and even the crime of castration, when it is provoked by a violent in- 
 decent as^ult* < 
 
 In these cases, the excusability does not imply complete impunity, 
 but the ordinary punishment is greatly diminished. 
 
 The new penal code of Prussia does not define self-defence {J>!oth- 
 wehr) particularly, as the French code does, and gives no particular 
 instances. By that code, self-defence is to be treated as a case'in which 
 an offending person had, under the influence of confusion, fright, or fear, 
 exceeded the legal bounds of defence. 
 
 Concerning youth, the French code decides that when the accused is 
 less than sixteen years of age he shall be acquitted, provided it is ascer- 
 tained that he acted without discernment. But in that case he is either 
 given over to his parents or put into a house of correction, in order to 
 be educated and reformed. In the latter case he is detained as long as 
 the sentence of the court determines, which time, liowever, cannot extend 
 beyond the epoch at which he shall have completed his twentieth year. 
 
 In cases when it is decided that he has committed the offence with 
 discernment — that is, with, a knowledge of its character — he is pun- 
 ished, but with a milder punishment than in ordinary cases. That is 
 to say, instead of punishment of death he is sentenced to imprisonment 
 and hard labor for life, and instead of transportation, he is condemned 
 to imprisonment from ten to twenty years in a house of correction. In- 
 stead of the punishment of imprisonment and hard labor for a term of. 
 years with detention or reclusion, he is condemned to confinement for a 
 term equal to one-third at least, and one-half at most, of the term fixed 
 by law. Instead of civil degradation and banishment, he is condemned 
 to confinement in a house of correction fox from one to five years. 
 
 A child under sixteen years of age;, and having no accomplices older 
 than himself, who is accused of a crime other than that which the law 
 punishes with death, imprisonment and hard labor for life, transporta- 
 tion, or detention, is not judged by the court of assizes but by the tribu- 
 nal correctionnel, and according to the rules which have been given 
 above. 
 
 In all cases, when the minor, under sixteen years of age, has com- 
 mitted only a simple misdemeanor, the punishment pronounced against 
 him cannot exceed the half of the punishment which he would have 
 been sentenced to had he reached sixteen years. 
 
 Other European penal codes have adopted some of these provisions 
 and introduced some modifications concerning age. . For example, the 
 laws of Norway and Wurtemburg decide that children under the age 
 of ten yeeus cannot be punished. By the laws of Bavaria and Olden- 
 burg they cannot be punished under the age of twelve years. The 
 Russian laws have the same provisions in this respect as the French. 
 
 Lastly, it may be remarked, that many penal codes lay a stress upon 
 the circumstances and motives under which the offence was committed. 
 
 According to the theory of these laws, the intention to commit a par- 
 ticular crime qr misdemeanor, which has been accompUshed, belongs 
 to the imputation of a crime, {dolm deter minatus.) 
 
 Hence those persons are exempt from punishment who,, at the time 
 
PENAL CODES 1?I EUROPE. 33 
 
 of the act, supposed they were performing an action not forbidden ; but 
 which action, tnough not prohibited in itself, is nevertheless punishaJble 
 on account of accidental circumstances, not known to the offenders. — 
 (Codes of Saxony, Wurtemburg, and Hesse Darmstadt.) 
 
 The code of Hanover goes so far as to provide a mitigated punish- 
 ment for persons who, from ignorance or error as to certain facts, have 
 not known the legal characteristics of an act, or of the means used for 
 accomplishing it, and have in consequence been led to commit a more 
 serious offence than was intended. 
 
 This minute analysis of criminal motives causes great difficulties to 
 arise in the execution of the law, which cannot occur under the French 
 code, as if in no case defines criminal motives. 
 
 in. — Cases in which an extenuation qfcidpabiliiy, and, consequently, a dimi- 
 nution of the punishment occurs. 
 
 A general principle of the French code is, that no crime or misde- 
 meanor can be excused, except in those cases especially provided for 
 by law. In a similar manner, there can be no mitigations of punish- 
 ments, except in cases provided for by particular provisions. There 
 is one case only, that of parricide, where no extenuating circumstances 
 or palliation is allowed. In all other crimes and misdemeanors, the 
 punishment can be mitigated, when there are extenuating circum- 
 stances. 
 
 The code of 1832 set forth an entirely new theory on this point. 
 According to this code, whenever there are extenuating circumstances, 
 the punishment is changed and graduated, according to a given scale. 
 (Article 463.) 
 
 The existence of extenuating circumstances is decided in each case 
 by the jury. The correctional courts can also decide on this subject. 
 In this theory it stands alone, and in the other codes extenuating cir- 
 cumstances have only this effect, that the judge chooses within the 
 miniminn and maximum of the punishments fixed by law, and, accord- 
 ing to his judgment, pronounces either the minimum or an appropriate 
 quantum. > 
 
 The peculiarity of the provisions of the French law can be explained, 
 when it is understood that the legislator wished to give the judge the 
 power to make in every case an exception to the rule, in favor of the 
 accused, for whom the general punishment seemed too severe. 
 
 The most prominent writers on criminal law, and more especially 
 Faustin-Helie, in his excellent work on French penal legislation, criti- 
 cise this system, on the ground that the judge wields too great a power, 
 and that by admitting an exception to every riile, in the end no general 
 rule can remain. 
 
 The punishment of imprisonment and hard labor for life, of transpor- 
 tation, and of imprisonment and hard labor for a term of years, cannot 
 be pronounced against any person over seventy years of age. These 
 punishments are replaced in each case in the' following manner : Trans- 
 portation is changed to imprisonment for life; hard labor to confinement. 
 
 Also when a person condemned to imprisonment and hard labor 
 reaches seventy years before the expiration of his sentence, he is fi'eed 
 
 3 
 
34 
 
 PENAL CODES IN EUKOPE. 
 
 from that punishment and confined in a maison de force for the remainder 
 of his term of punishment. 
 
 The grounds for mitigation of punishment on account of youth, are 
 given here, because the principal question concerning them is, whether 
 the fact of responsibility can be established ; or, in other words, whether 
 the offence was committed with discernment or intelligently. 
 
 IV. — Cases in which ^punishment is aggravated. 
 
 Whoever has committed a crime, and on this account is condemned 
 to a peine afflictive or infamante, is, on the commission of a second crime, 
 which has for its punishment civil degradation, condemned to banish- 
 ment. When the penalty for the second crime is. banishment, he is 
 condemned to detent.ion. When the penalty in the second instance is 
 reclicsion, he is condemned to imprisonment and hard labor for a term 
 of years. When it is detention, he is condemned to the maximum of 
 the same punishment, which, in certain cases, can be doubled. When 
 it is hard labor and imprisonment for a term of years, he is condemned 
 to a maximum of this punishment, which can also, in certain cases, be 
 doubled. If it is transportation, he is condemned to imprisonment and 
 hard labor for life. And, when it is imprisonment and hard labor for 
 life, he can be condemned to death. 
 
 Whoever, after having been punished for a crime, commits afterwards 
 a misdemeanor, which is liable to correctional punishment, is con- 
 demned to the maximum of this penalty, which can also, in certain 
 cases, be doubled. 
 
 Whoever has already been punished for a misdemeanor by imprison- 
 ment of over one year, is condemned to the maximum of the punish- 
 ment provided for the new offence, which can also be doubled, and is 
 also placed under the surveillance of the high police, during not less 
 than five, nor more than ten years. 
 
 In its provisions touching the repetition of offences, the French code 
 differs from all others in this respect, that the increased severity of a 
 punishment, on account of a former condemnation, does not depend on 
 the identity of the two offences, but on the nature of the punishment 
 to which the crirtiinal was before condemned. This theory is logical 
 with the whole system by which crimes and misdemeanors are not 
 separately defined, but depend upon the punishments which are at- 
 tached to them. 
 
 Condemnation for imprisonment of less than one year has no influ- 
 ence on the sentence for a second misdemeanor. 
 
 For contraventions, the second oflfence involves increased severity of 
 punishment only when it occurs within a twelvemonth of the first 
 offence, and within the jurisdiction of the same police court. 
 
 Cases of repetition of offence have also the peculiarity, that the 
 punishment cannot be mitigated on account of extenuating circumstances^ 
 excepting at the correctiortal courts, and then only in the case of the 
 punishments of imprisonment or fine. 
 
 In this last case, when there are extenuating circumstances, the im* 
 prisonment can be reduced to less than 6 days, and the fine to less 
 than 16 francs. 
 
PENAL CODES TN EUROPE. 35> 
 
 The correctional courts can even pronounce these penalties separately^ 
 and in certain cases substitute fine lor imprisonment, without, however, 
 pronouncing a penalty less than that of the police court. 
 
 It has been decided by the court of cassation, that the question of 
 recidive cannot be proposed to a jury ; although it always decides in a 
 matter of extenuating circumstances, it has no decision in the matter 
 of second oflfences. "The consideration of these belongs exclusively to- 
 the judge, who, on the basis of the verdict of the jury, applies the law 
 and determines the punishment. 
 
 The same court has decided in numerous cases, that when an indi- 
 vidual is- prosecuted at the same time for several misdemeanors, or is 
 punished on account of a crime or misdemeanor, the maximum of the 
 punishment for one offence will be pronounced, when the ofiences are 
 of various natures, [foena major ahsorbet minorem,) but when the punish- 
 ments are of the same nature, then, according to the principle laid 
 down by the court of cassation, accumulation of the punishment which 
 accompanies these offences follows, in so far as not to exceed the- 
 maximum of this punishment. 
 
 On this point, also, there is great controversy, both as respects theory 
 and practice among jurists ; and the opinion of the court of cassation 
 is contradicted by that of the most eminent writers on criminal law 
 in France. — (Berriat Saint-Prix, Cours du Droit Criminel.) 
 
 V. — Cases when the punishment ceases, 
 
 A punishment ends not only by the expiration of its term, but also for 
 other legal reasons. 
 
 It has already been shown that the punishment of imprisonment and 
 hard labor ceases at seventy years of age. A more general case than 
 this is the extinction of a punishment by limitation, prescription. 
 
 The penal code does not treat of this subject; its principles, how- 
 ever, are laid down in the code of criminal procedure. According to 
 these principles, limitation of a punishment for crime takes place in 
 twenty years, counting from the date of the sentence ; for misdemeanors, 
 in five years after date of sentence ; for contraventions, in two years 
 after date of sentence. 
 
 Prosecution on account of a crime punishable by a peine aflictive or 
 infamante, cannot be instituted after a lapse of ten years from the day 
 when the crime was committed, if within this period no acte dHnstruc- 
 tion or prosecution has been entered. 
 
 A misdemeanor cannot be prosecuted after three years have elapsed 
 from the date when it was committed, and a simple contravention aftier 
 one year. 
 
 The limitation of the period for prosecution, as well as of the period 
 of punishment, is found in all European codes. In regard to the terms, 
 there are various modifications, which are not interesting. 
 
 The writers on criminal law urge the necessity and justice of limita- 
 tion in these respects, on the ground that, after the expiration of a long 
 period of time, the traces of a crime become effaced, and at the trial 
 the accused might easily be sacrificed on vague and insufficient 
 evidence. 
 
ob PENAL CCUJES IN EUKOPE- 
 
 BOOK III. 
 
 CRIMES, MISDEMEANORS, AND THEIR PUNISHMENTS. 
 
 In treating of this book, which enumerates tfie crimes and misde- 
 meanors in particular, and gives the punishments attached to them, 
 -great detail will be unnecessary ; for we merely find here the applica- 
 tion of the general principles set forth in the two preyious books. 
 
 In the first book, in the chapter on punishments, not only the par- 
 ticular penalties have been given, but also the names of the particyilar 
 offences to which these penalties are respectively attached. 
 
 The theory set forth in the second book, on complicity: and suspen- 
 sion of punishment, as well as on the aggravation and extenuation of 
 the same, are relevant to the particular provisions of this book. 
 
 The third book commences with the divisions of crimes and misde- 
 meanors, but gives no general definition of offences; whilst the code 
 of IV Brumaire, defines an offence to be "the doing of what is for- 
 bidden, or the not doing what is commanded to be done by the laws, 
 which have for their object the maintenance of social order and public 
 tranquility." (De faire ce que defendent, ne pas /aire ce qu'ordonnent 
 Ics his, <iui ont pour nbjet le maintein de Fordre social et la tranquiUue.) 
 
 The code in force at present divides offences into two categories — 
 those against the State, {choses puhliques,) and those against individuals. 
 
 The four categoriesofBentham which comprised, 1st. Private offences 
 against the person or property of an individual member of the com- 
 munit}'-; 2d. Offences committed against one's self; 3d. Public offences 
 which can be injurious to a considerable portion of the community ; 
 4th. Public offences which injure society aa a whole, are not observed 
 in this code. 
 
 1. — Crimes and misdemeanors against the State. 
 
 Crimes and misdemeanors against the state are those which compro- 
 mise the security of the state, those which are in violation of the' con- 
 stitution, and those which disturb public tranquility. 
 
 Crimes against the security or safety of the Slate. 
 
 These are either those which, by means of communication with a 
 foreign en^my, affect its external safety, in which case the punishment 
 . is death ; or those which affect its internal safety by a criminal attempt 
 against the executive power, or his family, (also punishable with death ;) 
 by crimes lending to trouble .the state ; by civil war ; by the employ- 
 rnent of armed force; by public devastation and pillage; in which 
 cases also, when the execution of these crimes has been commenced, 
 the punishment is, death. 
 
 Crinies and Misdemeanors against the Constitution. 
 
 These either refer to the exercise ot' civil rights at political elections, 
 or to attempts upon the liberty of citizens by the arbitrary acts of pub- 
 lic oflicers, or an encroachment on administrative and judicial authority. 
 
PENAL CODES IN EUROPE. 37 
 
 Crimes and Misdemeanors against Public Peace. 
 
 These are, counterfeiting; prevarication of public functionaries in 
 the exercise of their duties ; troubles caused to public order by the 
 ministers of the different reh'gions in the exercise of their functions ; 
 resistance to, or disobedience of, public authorities; associations of 
 malefactors ; vagabondage and mendicity ; misdemeanors by writings, 
 images, or engravings, distributed without the name of the author en- 
 graved or printed on the same; lastly, prohibited associations or 
 meetings. 
 
 It is to be remarked, concerning the particular crimes and misde- 
 meanors against public peace : 
 
 1st. Counterfeiting consists either in the preparing of false money, 
 (the falsification of silver money being more severely punished than 
 that of copper money;) or the counterfeiting of the seal of the statCj or 
 of bank notes, public papers, stamps, timbres, and marks ; or the coun- 
 terfeiting of public and authentic acts ; or of commercial or banking 
 paper ; or of private documents ; or lastly, the counterfeiting of pass- 
 ports, travelling papers, or certificates. 
 
 2d. Crimes and misdemeanors of public functionaries in the exercise 
 of their functions, called forfaiture, consist in the embezzlement by a 
 public depositary of objects confided to him, or in taking bribes ; the 
 demanding or taking by a public officer, in the exercise of his functions, 
 of money or taxes which are not due ; in the misdemeanors of func- 
 tionaries who have taken part in commerce or in affairs incompatible 
 with their office ; the corrupting of public officers ; in the abuse of au- 
 thority in regard to individuals, (to which class belongs the violation 
 of the secrecy of letters ;) or in respect to the state, misdemeano s 
 concerning the keeping the registers of births, marriages, and deaths ; 
 lastly, in the exercise of public authority illegally anticipated or pro- 
 longed. 
 
 3d. Troubles to public order by ministers of religion, in the exercise 
 of their ministry, are either contraventions tending to compromise the 
 social relations, in case, for example, of performing the religious cere- 
 monies of a marriage before the marriage has been duly celebrated as 
 prescribed by the civil code ; or in criticism, censure, or provocation, 
 directed against public authority in a sermon publicly pronounced ; or in 
 a pastoral writing ; or in the correspondence on religious affairs of the 
 ministers of religion with foreign courts or powers, without having au- 
 thorization for the same from the minister charged with the surveillance 
 of religion. • 
 
 4th. Resistance, disobedience, and other like offences against public 
 anthority, are rebellion, that is, forcible attack, or violent resistance to 
 a public officer in the exercise of his functions ; violence or outrage 
 against the depositaries of the governmenj;, when committed by words 
 tending to inculpate the honor or delicady (delicatesse) of the officers ; 
 the refusal of a service legally due, (under which head falls the refusal 
 of service by a commandant, officer, or sub-officer of the public peace;) 
 the case of a juryman or a witness alleging a false excuse ; the evasion 
 of prisoners, and the conceaL'ng of criminals ; (the guardians of a 
 prison, in case of an evasion, or escape, are punished according to the 
 grade of punishment to which the prisoner was condemned ;) the break- 
 
38 PENAL CODES IN EUROPE. 
 
 ing of seals, or removing of documents from the public departments ; 
 the defacing or mutilation of public monuments ; the usurpation of titles 
 and functions ; hindrance offered to the free exercise of religion. 
 
 5th. To the category of associations of malefactors, vagrancy, and 
 mendicity, belong associations of malefactors against persons and prop- 
 erty ; . and the vagrancy of persons who have no fixed domicile nor 
 means of subsistence, and who exercise habitually no trade nor pro- 
 fession ; and the asking of alms in any place where there is a poor 
 house. 
 
 6th. Misdemeanors committed by writings, images, or engravings 
 distributed without the name of the author printed or engraven on the 
 same. This category explains itself. 
 
 By a law of 10th December, 1831, no writings on political subjects 
 can be publicly posted or distributed in the public streets or squares. 
 
 7th. Forbidden associations are those which, composed of more than 
 twenty members, assemble at fixed times for the discussion of religious, 
 political, or literary subjects, without having obtained the authorization 
 of the government. 
 
 II. — Crimes and Misdemeanors against Indimduah. 
 
 These are divided into crimes and misdemeanors against persons 
 and against property. 
 
 Crimes and Misdemeanors against Persons. 
 
 Those against persons are : 
 
 1st. Murder, or voluntary manslaughter. 
 
 2d. Assassination, or murder with premeditation and lying in wait. 
 
 3d. Menace, by anonymous or signed letters or writings, of assassi- 
 nation, poisoning, or any criminal attempt against others, which is pun- 
 ishable with death, hard labor and imprisonment for life, or transporta- 
 tion. (The penalty for such a crime is iniprisonment and hard labor 
 for a terrti of years, that is, in case the crime is accompanied by an 
 attempt at extortion, such as ordering the deposile of a sum of money 
 in a particular place, or any requirement of the kind.) 
 
 4th. Voluntary wounds or blows, without intention to kill, or any 
 other voluntary crimes named in the laws, such as the fabrication of 
 prohibited arms, castration, abortion, or sale of adulterated liquors, 
 containing mixtures injurious to the health. 
 
 5th. Involuntary homicide — that is, homicide resulting from impru- 
 dence or negligence ; also wounds and blows 'inflicted under the same 
 circumstances. 
 
 6th. Attempts agamst morals, (attentat aux maurs) — to which class 
 belongs violation of the person ; the corrupting and debauching of per- 
 sons under twenty-one years of age ; adultery on the side of the wife, 
 which can only be denounced before the law by the husband ; and on 
 the side of the husband, but only in case of his keeping a concubine 
 in the conjugal residence ; and bigamy. 
 
 7th. The illegal arrest and sequestration of persons. 
 
 8th. Crimes and misdemeanors tending to interfere with or to destroy, 
 the civil and social condition of a child, or to compromise its exist- 
 
PENAL CODES IN EUROPE. 39 
 
 ence ; the abduction of minors ; and infraction of the laws concerning 
 inhumation. 
 
 9th. Perjury, calumny, injury, and revelation of secrets. This last 
 misdemeanor is liable to be committed by physicians, surgeons, and 
 other officers of health ; by apothecaries, midwives, and all other per- 
 sons who by their calling or profession are entrusted with individual 
 or family secrets. 
 
 . Crimes and Mis'demeanws committed against Properly. 
 
 These are : 
 
 1st. Robbery; that is, the fraudulent taking away of an object 
 which does not belong to the person taking it. Robbery is either sim- 
 ple or " quahfied." Quailed robbery is that which is accompanied 
 by aggravating circumstances, such as have been before stated. 
 
 2d. Fraudulent bankruptcy ; swindUng ; breach of trust ; contra- 
 vention of the regulations concerning gambling-houses, pawnbrokers' 
 shops, and lotteries ; (since 1830 lotteries have been prohibited, unless 
 they have had for their object the encouragement of art or charity ;) 
 hindrance to the freedom and honesty of public auctions ; violation of 
 the regulations relative to manufacturers, commerce, or art; (to this 
 class, belong strikes of workmen for higher wages ;) and lastly, misde- 
 meanors of quartermasters general and other agents of the government 
 for the purchase and distribution of provisions, forage, &c. 
 
 3d. Destruction of property, or injuries to the same — ^to which class 
 belongs incendiarism. The particulars have been before spoken of. 
 
 BOOK IV. 
 
 POLICE OFFENCES AND THEIR PUNISHMENTS. 
 
 The definition of contraventions has already been given, as also the 
 punishments attached to them. It is unnecessary to enter into the par- 
 ticular provisiops, most of which depend on local circunistances con- 
 nected with the police. 
 
 The animus of a crime, or the criminal intention, is not considered 
 in contraventions ; the punishment is regulated by the nature of the 
 act and of its results alone. 
 
 The penal code divides contraventions into three classes ; 
 
 1st. Those which are punishable with a fine of from one to five francs, 
 inclusive ; 
 
 2d. Those which are punishable with a fine of from six to ten francs, 
 inclusive ; and 
 
 3d. Those which are punishable with a fine of from eleven to fifteen 
 francs, inclusive. 
 
 In these three classes, imprisonment can be pronounced for a term 
 not exceeding five days, according to circumstances. 
 
40 PENAL CODES IN EUROPE. 
 
 LAWS ON THE PRESS. 
 
 A new law on the press was promulgated the 23d February, 1852. 
 The following are its principal features of interest : 
 
 No journal or periodical which trestts of political matters or social 
 economy can be created or published in France without the authoriza- 
 tion of the government. 
 
 The proprietors of such journals or periodicals are bound, before 
 their publication, to deposit at the treasury caution money. For the 
 department of the Seine, of the Seine et Gise, .of the Seine et Marne, 
 and of the Rhone, the caution money is, for a journal appearing more 
 than three times a week, whether on fixed days or not, 50,000 francs ; 
 if three times a week, or less, 30,000 francs. For cities with 50,000 
 inhabitants or over, the caution money for journals and periodicals 
 appearing more than three times a week, is 25,000 francs. It is 15,000 
 francs for other cities, as well as for those journals or publications ap- 
 pearing three times a we^k, or at more distant intervals. 
 
 Journals and periodicals of less than ten sheets must pay, besides, 
 a stamp duty. 
 
 The publication or reproduction of false news is punished by fine of 
 from 5 to 1,000 francs, and if in bad faith, the penalty is from one 
 month to one year's imprisonment, and from 500 to 1,000 francs fine. 
 Misdemeanors of the press are presented before the courts of the police 
 correciionnelle. 
 
 After a journal has been condemned, in the person of its responsible 
 editor, for an offence of the press, the government has the power to 
 suspend it for a period of two months after the condemnation, or to 
 suppress it entirely. A journal may be suspended for two months by 
 ministerial decision, after having received two warnings, given on suf- 
 ficient cause, by the competent authority. 
 
 A journal may be suppressed, either after a judicial suspension or 
 administrative suspension, or as a measure of general security, by a 
 special decree of the president of the republic, published in the Bul- 
 letin des Lois. 
 
PENAIi CODES IN EUROPE. 41 
 
 THE CODE OF PENAL PROCEDURE OF FRANCE. 
 
 (code D'lNSTRUeilON CRIMINELLE.) 
 
 Every criminal act may be considered under two points of view : 
 first, as it affects the individual particularly injured ; second, as it af- 
 fects society, which is injured by every violation of the laws made for 
 its preservation. 
 
 The French legislation sepai-ates these in the accusation of the 
 criminal. The state prosecutes him who commits an offence against it 
 in. an action ^blique, which is directed and carried on by the repre- 
 sentatives of society. The individual who is injured by a criminal 
 act has an action civile, which is independent of the pubhc action, but 
 can nevertheless be joined to it. 
 
 This theory of public and civil actions, by which the former are 
 prosecuted by a public officer, and the latter by a private party, forms 
 the principal difference between the French and English systems of 
 procedure. In a public action at French law a nolle prosequi is impos- 
 sible ; whilst in a civil action, where merely the material indemnifica- 
 tion of an individual is concerned, the plaintiff may withdraw the suit. 
 
 1st. When the authorities receive information that an offence has been 
 comnailted, they interfere, ex officio, and when even the person injured 
 by the offence renounces, or even protests against the prosecution ; or, 
 ■privatim, has received reparation for the injury done to him, the magis- 
 trate must nevertheless avenge the injustice which society in general 
 has received in the individual. 
 
 2d. When an individual makes a complaint (plainte) on account of 
 an injury caused by a crime or misdemeanor, he makes application to 
 the juge d' instruction (examining magistrate) of the place of residence 
 of the offender, or of the place where he can be found. The complaint 
 can also be made before other public officers, who take it in writing, 
 {proces verbal;) nevertheless, in correctional affairs it can immediately be 
 Drought before the correctional court, {Tribunal Correctionnel.) This 
 flainte is not in itself sufficient to give a claim for damages, but it re- 
 quires a special demand, which can, however, be included in the infor- 
 mation wherein the complainant declares himself as partie civile, just as 
 in civil procedure, in which nothing is adjudged to the plaintiff without 
 his special demand. This declaration as partie civile, can be made in 
 every, stage of the proceedings till the close of tht oral pleadings. 
 
 When a magistrate ex officio directs the prosecution of^ an action pub- 
 lique, this plainte is not necessary ; officers of justice collect the-elemeAts 
 which serve, later, to form a judgment. This point will be spoken of 
 in treating of the functions and competency of these officers. 
 
 3d. In regard to those who are competent to examine and to judge 
 in criminal process, and the formalities to be observed by them, the 
 French law makes two great categories, viz : the proceedings in which 
 the proofs of an offence are collected, and the competency of the court 
 to judge the same, when they fix suspicion on an individual, is decided 
 on ; and the procedure, of which the other was the preliminary, in the 
 
42 PENAL CODES IN EUROPE. 
 
 criminal courts, which seek if the facts established in the preliminary- 
 process are sufficient to bring the case under one of the denominations 
 of offence fixed by the law. These categories form the entire contents 
 of the Code d 'Instruction Criminelle, in the two books of which the first 
 is superscribed "de la police Judiciaire," and the second simply "de la 
 justice.'' 
 
 The system of criminal procedure which follows will be given ac- 
 cording to these two categories, and it only remains to designate the 
 principal points, and to present in a single view the different provisions 
 which are connected together. In order to follow entirely the system 
 of French legislation, the preliminary proceedings will be first given, 
 with which, as in the Code Penal, the Code d' Instruction Criminelle begins. 
 
 The articles 1, 3, and 4, contain provisions concerning civil and 
 public suits, which has already been given ; and the 2d article declares 
 merely, that the public action, as regards the application of the punish- 
 ment, is extinguished by the death of the accused, while the action civile, 
 for damages, can he against the heirs. Both are extinguished by limi- 
 tation. 
 
 The articles 5, 6, and 7, contain the principles of international penal 
 law, by which French citizens are punished for crimes against the State 
 which are committed out of France, and strangers who are arrested in 
 France, or when extradition from another country has feeenpronoiyiced. 
 In a similar manner French citizens who have, in a foreign country, 
 been guilty of a crime against a French citizen, ■ are, on their return, 
 prosecuted before the courts on the complaint of the injured person, 
 when not already judged before a foreign court of justice. 
 
 BOOK I. » 
 
 PRELIMINARY PROCEDURE, AND THE OFFICERS WHO ARE COMPE- 
 TENT FOR THE SAME. 
 
 (De la Police judiciaire ei des officiers de police qui I'exercent.) 
 
 In the French administration there are two kinds of police ; the ad- 
 ministrative and the judicial. The latter is alone of importance in 
 criminal procedure, b^ng the authority which seeks out crimes, misde- 
 meanors, and contraventions, which collects the proofs of the same, and 
 delivers the authors to the tribunals charged to punish them. 
 
 Offences about to he committed are, in general, the objects of the Police 
 administrative, (called by us Police,) whilst offences already committed, 
 are the objects of the judicial police. 
 
 The Police judiciaire is exercised under the authority of the Cour 
 d'Appel, by — i. Justices of the peace, {Juges de paix;) 2. Officers of 
 gendarmes, {Orders de gendarmerie;) 3. Superior officers of Police 
 districts, {Commissaires de police;) 4. Mayors, {Maires;) and 5. Their 
 adjuncts, {Adjoints de Maires;) &c. 
 
PENAL CODES IN EUROPE. 43 
 
 Preliminary examination for contraventions, misdemeanors, and crimes. 
 
 1st. For examination of contraventions. The commissaire de police, and, 
 in the absence of the same, the adjoint du maire, are competent. They 
 receive the reports, information, and complajifts relative to police 
 offences. They consign, in their proces verbal, the nature and circum- 
 stances of the contravention, the time when and the place where it was 
 committed, the proofs and indications which lead to presumption of 
 culpability. For contraventions, which consist in trespasses on forests 
 and fields, there are particular officers — rural and forest guards, {gardes 
 champetres and gardes forestiers,) who take proces verbaux (minutes) of 
 the same, and send them to the Commissaire de Police. If a misdemea- 
 nor is committed, the pi-oces verbal is sent to the Procureur de la Repvh- 
 lique. 
 
 2d. Misdemeanors and crimes. The misdemeanor is prosecuted by the 
 Procureur General and Procureur de la Republique. These magistrates 
 prosecute rather than direct, for the Juge d' Instruction, concerning whom 
 will first be spoken, conducts the preliminary examination. Every 
 departmental arrondissement has a Juge d^ Instruction, or* examining ma- 
 gistrate. He is named by the president, for three years, from amongst 
 the members of the civil tribunal of first instance, and can be re-ap- 
 pointed. This dffice does not prevent him from actmg as judge in civil 
 cases. In Paris there are six examining magistrates, and in other 
 places the number of these officers is proportioned to the necessities of 
 justice. 
 
 The Juge d ^Instruction* is assisted in his functions by the Procureur 
 de la Republique, as he can undertake no acte d' instruction, or prosecution, 
 without having given communication of the same to that functionary. 
 After terminating the examination he sends all the papers in the cause 
 to the Procureur de la Republique, who makes the necessary motion, {re- 
 quisition.) 
 
 In case of a flagrant ^lit, (or when the criminal has been taken in 
 the act.) the Juge d^ Instruction or Procureur de la Republique can act 
 alone. 
 
 The principal business of a Juge d^ Instruction is to hear the wit- 
 nesses in the cause. These are summoned by a huissier,f an agent of 
 the public force, on the demand of the Procureur de la Republique. 
 
 The witnesses are heard by the Juge d^ Instruction, assisted by his 
 greffi,er,\ (clerk,) singly, and not in the presence of the accused. They 
 take oath to tell the truth, and nothing but the truth ; children under 
 fifteen years do not take oath. They receive- an indemnity for their 
 
 * By a new decree, not only the judges, but the supplementary judges, (,juges svppleants,) 
 who are not members of the civil tribunals, can be charged with the functions of juge d'in- 
 struction. By a still later decree, (March 15th, 1852,) these jvges suppliants are declared 
 competent to judge in certain civil cases, the object being to make use of the younger men, 
 and to increase the number of magistrates without cost to the government. 
 
 t The huissiers are the officers who communicate to the parties the judicial ordinance, who 
 cite them to appear before the courts, and co-operate in the execution of the sentence. In 
 penal cases they are the agents of the procureur de la republique ; in civil cases they .serve 
 the parties in the introduction and carrying through of the prosecution and the execution of 
 the sentence. (See appendix B. to report on administrative changes in France.) 
 
 I Every court, civil or criminal, has a greffier, or public officer, who records the proceedings 
 of the sittings, and gives an authentic copy of the same. 
 
44 PENAL CODES IN EUKOPE. 
 
 services, and are condemned, when they fail to appear as summoned, 
 to a fine, which cannot be more than one hundred francs, and they 
 can be compelled to appear. When they live in another department 
 or canton, or when there is a material impossibility to appear, the 
 Juge d^ Instruction can iiimself take the deposition of such witnesses at 
 their domicil, or he can delegate a justice of the peace to take it. The 
 Juge d ^Instruction can also make domiciliary sealrches, , either in the 
 house of the accused or of other parties, in order to discover anything 
 which may have a bearing on the case. He cannot be hindered from 
 entering any house where he thinks to find evidence that may throw a 
 light on the case. He has four kinds of writs, to wit : mandat de com- 
 parition, mdndat de depot, mandat d'amener, and mandat d'arr^t. 
 
 The first, which leaves the alleged offender {inculpe) in fireedom, 
 who has a residence or domicil, and is only suspected of an offence, is 
 a simple citation to appear before the Juge d' Instruction. In this case 
 he must be heard immediately. If he does hot present himself he 
 may be compelled to appear by a mandat d'amener. The mandat, or 
 writ, can be issued against every person who is charged with an 
 offence which entails an afflictive or degrading punishment. In this 
 case the accused (prevenu) must be heard in twenty-four hours. After 
 hearing him, and the motion {conclusion) of the Procureur de la Republique, 
 the Juge d^ Instruction can change the mandat $amen9r into a mandat 
 d'' arret, when the penalty for the offence is a peine afflictive or infamante, 
 or a correctional imprisonment. 
 
 In the mandat d!arrU the offence for which it is issued is detailed, 
 and the law which declares the act a crime or misdemeanor is cited. 
 When, after a lapse of more than two days, the accused is found not to 
 be in the district of the officer who issued the writ, the Frocureur de la 
 Republique of the arrondissement in which he is found can issue a man 
 dat de depSt, in consequence of which he is provisionally confined in a 
 maison de detention. 
 
 This mandat de depot can be issued as a pftvisional measure, when 
 the accused party has not justified himself entirely, when the charge 
 is insufficient, or the procedure incomplete. 
 
 In issuing these writs, which he can do independently, the Juge d' In- 
 struction has a power which can be very dangerous to individual free- 
 dom, arid is condemned by many jurists, who affirm that the accused 
 should not be compelled to furnish the proof that he is innocent, but 
 that the magistrate should prove that he is guilty. • All the mandats 
 above named have full force throughout France. 
 
 The provisional freedom can never be accorded when a peine afflictive 
 or infamante is the penalty for the act of which the accused is suspected. 
 When, however, it is a correctional punishment only, the Chambre du 
 conseil (to which we shall return hereafter) orders, on the demand of 
 the accused, and on the motion of the Frocureur- de la Republique that 
 he be set provisionally at liberty, on good and sufficient security that 
 he presents himself at all stages of the procedure, and for the execution 
 of the sentence. The bail must either be deposited in money, or jus- 
 tified by unincumbered real property for the amount of the same and 
 one-half more. It cannot be less than five hundred francs. Bail given 
 by another person must be paid by the bondsman in case of non- 
 
PENAL CODES IN EUROPE. 45 
 
 appearance of the accused; or, -in default of the same, he is imprisoned. 
 Before the prevenu is set provisionally at liberty he, is compelled to 
 choose his domicil in the place where the tribunal sits, declaration of 
 which is made before the clerk of the court. 
 
 The Juge d' Instriicdon is obUged, at least once a week, to make a 
 report to the Chamhre du conseil of the cases which have come before 
 him, after the papers relative thereto have been communicated to the 
 Procureur do la Republique for his decision, (concliision.) 
 
 The Chamhre du comeil consists of at least three judges, members of 
 the Court 'of first inslaiice, of which one must be the Jvge d^ Instruction. 
 This Chamhre du conseil decides : 
 
 1st. How fai- the facts which form the subject of the preliminary 
 instruction are proved, or are probable, and whether they constitute a 
 crims, a misdemeanor, or a contravention. When the judges are of opin- 
 ion that the act presents none of the above named offences, or that there 
 is iiot sufficient proof against the accused, they declare that thete is ho 
 ground for prosecution, {qu^il n'y a pas lieu d jpoursuiwe.) When they 
 decide that the incriminated action forms only a contravention, the 
 accused is referred to the tribunal de police, and if he is in prison, he is 
 set at liberty. When it forms a misdemeanor, he is sent before the 
 tnhunal de police correctionnelle, and when the punishment of it is im- 
 prisonment, he remains in temporary arrest, from which he is exempt 
 only in case of a misdemeanor, which incurs no penalty of imprison- 
 ment. 
 
 The accused being referred to either of the two courts above named, 
 the Procureur de la Republique, within twenty-four hours thereafter, 
 sends to the clerk of the court all the documents connected with the 
 affair. When the Juge d^ Instruction or another member of the chamber 
 is of opinion that the offence is punishable with a peine affiiclive or infa- 
 mante, and that the charge is sufficiently established against the accused, 
 the Procureur de la Republique transmits to the Procureur General the 
 pieces d'' instruction, the prices verbal, establishing the corpus delicti, and a 
 list of the papers serving Tor the conviction. At the same time the Cham- 
 hre du conseil, issues against the accused an order to arrest, which is ad- 
 dressed, with the other papers, to the Procureur General. Within five 
 •days after receiving these documents, he must have the case ready for 
 trial, and in the course of the five following days he must make his 
 report. This report is made before a section of the court of appeal, 
 which assembles for this purpose at least once a week in the Chamhre 
 du conseil, called Chamhre d' accusation. It must, within three days, de- 
 cide whether the action is qualified by the laws as crime, and whether 
 the proofs are sufficiently strong to pronounce upon the arraignment. 
 Nevertheless, the judge can order a new examination when the previous 
 one is not sufficient; when there is enough evidence of a crime, the 
 person incriminated is indicted {mis en Stat d'accusalion) and sent before 
 the court of assizes, and the Procureur General ordered to prepare an 
 acte d'accusalion. This document contains : 1st. The nature of the 
 crime which forms the basis of the accusation. 2d. The facts and all 
 the circumstances which can aggravate or diminish the punishment. 
 
 Copies of the decision of the Chamhre d' accusation, and of the act of 
 accus,ation, are communicated to the accused, who, within twenty-four 
 
46 PENAL CODES IN EUROPE. 
 
 hours after this coramunication, is transferred from the maison d^arrSt to 
 a maison de justice which appertains to the court of justice. When the 
 Chambre d' accusation declares that neither crime nor contravention exist, 
 or, that no sufficient proof can be found, the accused is released and 
 cannot be brought again before the assizes for the same act, unless new 
 charges are brought forward — the papers and official reports are con- 
 sidered as new charges, which the proper officer may not have been 
 able to submit at the commencement to the Chambre d'accusaf.ion of the 
 cour d'appel, and which are of a nature either to fortify the proofs which 
 the court has already found too weak, or to give to the facts new de- 
 velopments. 
 
 Although the province of the phambre d^accusation is only to refer 
 crimes to the assizes, it is not bound by the interpretation of the Cham-' 
 bre du conseil, but on finding the elements of a misdemeanor or contra- 
 vention in the imputed crime can transfer the presumed offender to the 
 proper courts. 
 
 The only appeal against the decision of the Chambre d'accusaiion is 
 the Court of Cassation, which can be demanded in only two cases. 
 
 1st. When one of the following defects occur : either that the imputed 
 oflPence was no crime, or that the Procureur General was not heard, or 
 that the legal number of judges had not sat in judgment. 
 
 2d. In case of incompetency of the Chambre d^accusation, that is, 
 when the judges have ordered inopportunely a reference to the criminal 
 courts, for example, when a simple misdemeanor is referred to a police 
 court, or a contravention to a correctional court. 
 
 2d. A second case is, when, without examining the proofs against the 
 accused and on the presumption alone that the imputed offence is nO' 
 crime, or that it is covered by limitation or judgment, the Chambre has 
 declared that there was no ground of accusation {quHl n^y a fas lieu d* 
 accuser.) 
 
 It may be well to observe, in closing these remarks, that before the- 
 promulgation of the Code £ Instruction Crimmelle a grand jury existed,, 
 consisting of eight members, who exercised the functions of the Cham- 
 bre d^ accusation. 
 
 On comparing this system of preliminary procedure with the Eng- 
 lish, the following differences are remarked : 
 
 1st. The penal action does not depend on the writ of the injured 
 party, but the same is the duty of certain public officers. These offi- 
 cers are called, in general, ministere public, whose mission it is to repre- 
 sent society and public order, in all civil and criminal affairs, both in. 
 the criminal courts, and in all civil courts or tribunals, with the excep- 
 tion of thoSe of commerce or of the justices of the peace. 
 
 This institution is organized in hierarchical subordination, in such a 
 way that the Procureur General of the court of appeal is the head, and 
 the other officers of the ministere public appear only as his agents. To 
 the latter appertain not only the substitutes of the Procureur General, 
 {avocats genSraux,) but also those of the Procureur de la Republique, al- 
 though he is the chef du parquet, or chief of the public prosecutors at 
 the tribunal de premiere instance, and has also under him a number of 
 substitutes, as, for example, the one in Paris, who has twenty-two. 
 
 Notwithstanding this subordination, ail magistrates of the ministere ■ 
 
PENAL CODES IN EUROPE. 47 
 
 public,* when they perform their functions, are independent ; and there 
 exists such an indivisibihty that the first magistrate of the ministere pub- 
 lic cannot disavow the least of the substitutes who, in a special case, 
 may have taken the place of public prosecutor. • 
 
 The principal occupation of this representative of society and public 
 order is more in criminal than in civil suits. Montesquieu in his 
 " Esprit des Lois "t says, " we have at present an adrnirable law ; it is 
 that which ordains that the prince, whose duty it is to execute the laws, 
 names an oflScer in each tribunal to prosecute, in his name, all crimes, 
 so that the function of an informer is unknown amongst us." 
 
 The public prosecutor is charged in criminal procedure to prosecute 
 all crimes and misdemeanors, to collect evidence, and to deliver the 
 authors to the competent tribunal. The examination itself is conducted 
 by the Juge d' Instriiction, but the latter acts only in connexion with the 
 former, whose duty it is to see that nothing is omitted in the instruction, 
 and that all legal means are employed against the supposed offender. 
 The public prosecutor exercises the functions of examining magistrate 
 only in cases of fugrani delit. 
 
 After ending the preliminary proceedings, and after referring the 
 accused to a criminal court, the ministere public appears in the public 
 sitting, in order to present the indictment, to collect the proofs, and 
 show their importance, and to propose the punishment. After con- 
 demnation, the public prosecutor is charged with seeing to its execu- 
 tion. In case of condemnation to imprisonment, he delivers the order 
 of incarceration at the foot of the sentence. This being executed, a 
 copy of the sentence is given to the receiver of the record office, {receveur 
 de V enregistrement,) in order to serve for the recovery of fines and dam- 
 ages. 
 
 It is weU known that no public prosecutor exists in England with the 
 extended rights of a French ministere public. To the introduction of 
 this institution is opposed particularly the traditional maxim that the 
 public peace and security are placed under the guarantee of all the 
 citizens, and that an especial officer for prosecuting the offence is an 
 usurpation on the individual right. Besides this, there are in England 
 other officers who exercise in part these functions ; the justices of the 
 peace, the coroner, and even the grand jury. The attorney general 
 and the solicitor general have not the least resemblance to a French 
 public prosecutor. They do not represent society and public order, but 
 plead in a suit, like private individuals; and only in rare cases, such 
 as offences of the press, do they proceed to inquiry. The informations 
 are not directed to them, but to the procurator fiscal, by every sheriff's 
 court, and to the lord advocate by the high court of judiciary. 
 
 In Scotland, on the contrary, there is a public prosecutor, on whom 
 is dependent the prosecution of criminal offences, and who even by his 
 motian can cause a mitigation of the punishment fixed by law. In hke 
 manner, the English, in 1829, introduced in Malta, a public prosecutor^ 
 
 *In civil cases the ministere p«6Kc acts generally not as the principal but as an accessarjr 
 party, (partie jointe} not to follow the private claims, but to take part only m tiiose cases in 
 which the public prosecutor must submit a motion, (requisitoire) which the court toUows or 
 or not ; in a few cases he is the principal party, and then acts precisely as a private suitor. 
 
 t Book 4, chapter 8. 
 
48 PENAL CODES IN EUROPE. 
 
 who conducts the whole preliminary exa,mination. In the new ".re- 
 vised statutes " the principle of a public prosecutor is also recognised. 
 Nevertheless, in these last named countries, the public prosecutor is 
 not in urtconditional dependance on the government, like the individual 
 agents of the ministere public in France, who are strictly subordinate to 
 the hierarchy, at whose head is the Procureur General, and who, at every 
 moment, can be removed by the government, and is blindly subjected 
 to it. 
 
 2d. One of the principal pecuHarities of the French preliminary pro- 
 cedure is the institution of the Juge d' Instruction, with his extended 
 functions. This magistrate, after having taken aU the steps previous 
 to the trial, after having heard the witnesses against the accused, and 
 deprived the latter, by the measures which lie within his power, of his 
 freedom, passes sentence, as a member of the Chambre d/Uconseil, with 
 but two colleagues, who cannot fail, says Faustin-H^he, in his com- 
 mentaries, to be influenced by him in their decision, oh account of the 
 more intimate acquaintance which he is supposed to have wjth the case 
 in question. This influence is the more dangerous, as the debates be- 
 fore the chamber, as well as the whole preliminary proceedings, are 
 secret ; the accused cannot appear before this judge, or even consult in 
 private a legal adviser. 
 
 3d. The personal freedom of an accused person is, as has been seen 
 above, very precarious ; , it depends on the examining magistrate to 
 imprison a citizen, or to search a house, and the prolongation of these 
 provisional measures is left too much to his discretion.* 
 
 BOOK II. 
 
 ■PROCEEDINGS ON TRIAL 
 
 I.: — Police Courts — Tribunaux de Police. 
 
 This jurisdiction is administered by the juges de paix and the Tmires, 
 who are assisted by a clerk, {greffier.) The functions of ministere public 
 are exercised by a commissary of police, and the citations, to appestr 
 within twenty-four hours, are notified through a huissier. The trial is 
 conducted publicly, and in the following manner : The proces verbmix, 
 or minutes, are read by the clerk ; the partie cimle, or his advocate, pre- 
 fers his complaint and specifies his demands ; the accused makes his 
 defence, and causes his witnesses to be heard ; the ministere public sums 
 up the affair, and puts the motion, whereupon the accused can present 
 his observations, and the tribunal then pronounces sentence, either in 
 the same sitting, or at latest on the following day. When the trial takes 
 place in the absence of the acciised, {contumax,) he is sentenced par 
 defaut, generally to the maximum of the legal punishment, and from 
 
 : * See Faustin-Helie. 
 
PENAL CODES IN, EUROPE. 49 
 
 this sentence appeal cannot be made after the expiration of three 
 days. 
 
 When a mayor exercises the functions of a police magistrate, the 
 adjoint, or, when he takes the place of the mayor in such duties, an 
 officer designated by the Procureur de la RepiMiq'ue for a year, acts as 
 minister e public. The clerk, in this case, is a person proposed by the 
 mayor, and huissicrs are not required, but simple notification suffices, 
 which can be communicated by a servant of the mayor. 
 
 The sentence of the police court can be appealed from when im- 
 prisonmeht has been pronounced, or when the fine {amende) exceeds 
 the sum of five fi-anes. Appeal has a suspensive effect. It must be 
 made within ten days after the communication, by a huissier, of the 
 sentence, and is brought before the tribunal correctionnel, where the 
 same procedure is observed as at the police court. Besides the appeal, 
 recourse can be had to the court of cassation. • 
 
 At th^ commencement of every quarter (trimestre) the juges de paix 
 and the maires send to the Procureur de la Republique a report of the 
 sentences of the police courts which have been passed in the foregoing 
 term. The Procureur de la Republique deposits the same at the greffe 
 of the tribunal correctionnel, and makes a summary report on the same 
 to the Procureur General of the court of appeal. 
 
 II. — Correctional Courts — Tribunaux Correctionnels. 
 
 The courts of first instance, which are competent in civil affairs, 
 judge, under the name of tribunaux correctionnels, all offences against the 
 forest laws, which are prosecuted by the administration of forests, and 
 aU misdemeanors where the punishment exceeds fifteen francs fine or 
 five days imprisonment. The accused, who can always be represented 
 by proxy at a police court, must appear in person before this tribunal, 
 if so ordered, with the exception of the cases where no imprisonment 
 can be pronounced, when his lawyer (avnue) can represent him.* 
 
 When he does not appear, he is judged by default, {par defawt,) and 
 he can only appeal against a condemnation under such circumstances 
 within five days after the communication of the sentence. The same 
 proofs are admitted as in cases of contravention. The ascendants or 
 descendants of the accused, brothers or sisters, or the same relations by 
 marriage, are not admitted as witnesses. 
 
 The proceedings before the court are as follows : The public prose- 
 cutor or the partie civile commences with a statement of the affair; 
 then the proces verbaux, or reports, if there are any, are read by the 
 clerk. The witnesses for and against are heard ; the accused is inter- 
 rogated and makes his defence ; the public prosecutor sums up the 
 affair and makes his report {conclusion ;) the accused has the right of 
 reply, and thereupon judgment is pronounced, either in the same sitting 
 or in the next. When the act appears to the court only a contravention, 
 it pronounces the legal penalty of the same, when it is a crime, the 
 
 * The difference between avocat and avoxie, in the French courts, is, that the first defends 
 the client, and the last represents the person of the client, a difference analogous to that be- 
 tween barrister and lawyer in England. — (See appendix B to Report on Administrative 
 Changes in France.) 
 
 4 
 
50 PENAL CODES IN EUROPE. 
 
 tribunal is incompetent, and can only give a warrant of commitment, 
 (mindat de depot) or warrant of arrest {mandat d^ arret) and the accused 
 is sent back before the Juge d^ Instruction, in order that he may prepare 
 the case for the court of assizes. 
 
 Every person condemned must pay the costs of the suit, which are 
 named in the sentence. It contains also the text of the law by which 
 he is condemned. The minutes of the sentence must, within twenty-four 
 hours, be signed on the records by the judge who pronounced it. Ap- 
 peal from this sentence is allowed. It is broi:^ht either before another 
 tribunal de pretniere instance, or, in those departments in which there ex- 
 ists one, before the court of appeal. This appeal can be made at the 
 fiirthest in ten days after the sentence is pronounced, either by the 
 person sentenced or by the public prosecutor. 
 
 The ministere public at the court of appeals can appeal during two 
 Aonths after judgment has been pronounced. It is decided upon within 
 one month. The audience begins with a report of the judges on the 
 whole procedure. Thereupon the accused and the public prosecutor 
 state their case, and judgment is then pronounced finally, as in the 
 court judging in first instance.' 
 
 III. — Court of Assizes — Cour d' Assizes. 
 
 The Cour d^ Assizes consists of two chief elements, the Cour d^ Assizes, 
 properly speaking, that is, the college of judges, and the jury. The 
 functions of president and of public prosecutor are of great importance 
 and will be specially treated of. 
 
 In every department, as has been before shown, a cour d'aisizes is 
 eslabUshed, which consists of three members of the cour d'appel, or of 
 two members of the court judging in premiere instance, of the place 
 where the assizes are held, and a president who is member of the Cour 
 d'Appel, and a Procureur General, or a Procureur de la Republique; and 
 lastly, a greffier. The assizes can be held oftener than every three 
 months when the necessities of the service require it. 
 
 By a law of the 9th September, 1835, the minister of justice can 
 ordain that in the same Cour d'Appel different sections shall be formed 
 of the assizes which can sit simultaneously ; under this law, Paris has 
 two courts of assizes. By it the authorization was given to the Procur- 
 eur General to summon the accused, in affairs of the press, directly be- 
 fore the court of assizes, without the preliminary examination being 
 terminated, or a decision pronounced by the Chamhre d'acaisation. 
 When he avails himself of this authorization, he addresses his requisitoire 
 to the president of the court of assizes to have a day fixed for ,the trial. 
 This requisitoire, and the ordinance {mandamus) issued thereupon by the 
 president, are communicated by the huissier to fhe accused- 
 
 The day of the opening of the assizes is fixed by the president, and 
 all cases must be disposed of before the court can be adjourned. The 
 president is in duty bound to hear the accused after his coming in a 
 maison de justice ; to convoke the jurors, and to form the jury by lot; 
 personally to direct them in the exercise of their functions, to explain 
 to them the case on which they have to dehberate, and recall to them 
 their duties ; to determine the order in which they shaU. speak who 
 wish it, and to administer the police of the court. 
 
PENAL CODES IN EUROPE. 51 
 
 The law has given the president a very extended power in the exer- 
 cise of these ibnctions, so called pomoir discretionnaire, in virtue of which 
 he can take upon himself to do all that he thinks useful to discover the 
 truth. The article 261, says that "the law charges his honor and his 
 conscience to employ all his efforts to favor its manifestation," (m 
 favoriser la manifestation.) This power consists principally in the 
 right to cause to appear before him all persons, by a mandat d'amener, 
 if necessary, and to hear them as witnesses ; and further, the right to 
 direct that all documents which are important for the verdict of the 
 jury be brought into court. This pourvoir discretionnaire, which the 
 president does not share with the court of assizes, is much criticised by 
 many writers on criminal jurisprudence. In fact, when the president 
 is not a man of honor and conscience, he has a most dangerous weapon 
 against the guiltless accused. 
 
 Before the revolution of 1848, the law permitted only those to serve 
 on the jury who were thirty years of age, and who were in the enjoy- 
 ment of all civil and political rights. They were taken from among 
 the members of the electoral colleges, or firom those who fill certain 
 public offices, or were members of the learned professions. The list 
 of the jurors were permanent. Every year, from the 1st to the 10th of 
 June, they were revised by the mayor ; in July, by the prefects ; they 
 were posted up on the 15th August ; reclamations for exemption were 
 allowed till the 30th September, and the definitive closing of the jurors 
 ordered on the 20th of October. 
 
 The functions of a juryman were incompatible with the offices of 
 minister, prefedt, sub-prefect, judge, Procureur General, Procureur de la 
 Reptiblique, and his substitutes, a minister of religion of any sect or 
 creed, and lastly, a councillor of state who was charged with any part 
 of the administration of government ; old men of seventy years of age 
 were dispensed from serving when they demand it. 
 
 After the 30th of September, the prefects choose from the general 
 list one quarter of the names contamed therein, nevertheless, not more 
 than 300, and in the department of the Seine 1,500, from which the 
 jury for the following year was composed. These lists were immedi- 
 ately transmitted by the prefect to the minister of justice, the president 
 of the cour d^appel, and die Procureur general. Ten days, at least, be- 
 fore the commencement of the session of the assizes the first president 
 of the cour d'appel drew by lot firom the list submitted to him 36 names, 
 which formed the jury list for the whole session. Besides which he 
 drew four supplementary jurymen, to supply the place of such princi- 
 pal jurymen as might be prevented from acting, and who, by a parti- 
 cular and rational condition, must be resident in the city where the as- 
 sizes are held. The jury, thus formed, were summoned by the pi-efect 
 at least eight days before the opening of the session, who sent to them 
 the copy of the list which contains their names. No man needed to 
 serve twice in one year. 
 
 By the law of 7th August, 1848,* the jury was completely reorgan- 
 ized, and the provisions of the code of penal procedure concerning the 
 
 * See, for later modifications, Report on Administrative Changes in France ; law of May, 
 1853, page 168. 
 
52 PENAL CODES IN EUROPE. 
 
 choice and composition of the jury and its attributions were very essen- 
 tially altered. The following are the principal changes introduced by 
 this law* 
 
 By article 1, all citizens of thirty years, in the enjoyment of civil and 
 pohtical rights, are inscribed on the general list of the jury. From this 
 list axe excepted those who cannot read or write French ; domestics 
 and servants on wages ; those interdits, (under guardians ;) bankrupts 
 who are not rehabihtated ; those under accusation, or who ai-e contu- 
 macious ; those condemned to a peine cMictwe ou infamante, or to a cor- 
 rectional punishment on account of theft, cheating, usury ; abuse of 
 trust ; offence against decency ; vagrancy ; beggary ; and generally all 
 those who have been condemned to over one year's imprisonment. 
 
 On their demand can be dispensed from inscription on the list, sep- 
 tuagenaa-ians, and citizens who are dependent on daily labor for sub- 
 sistence, and prove that they cannot support the charges resulting from 
 the functions of a juryman. These lists are made by the mayor of 
 every comnjune from the general list of electors, are posted on the door 
 of the church, of the mayoralty, and wherever besides the mayor thinks 
 fit. Opposition to this list can be made during ten days ; it is decided 
 upon by the municipal council within eight days after ; appeal against 
 this decision being in most cases submitted to the civil tribunals. 
 
 This list is permanent. It is rectified by the mayor every year 
 before the 15th of September ; opposition can be made for ten days 
 thereafter. 
 
 Before the 1st of November of each year the mayor sends to the pre- 
 fect the list of the jury. The prefect makes immediately {sans retard) 
 the general list of the department by cantons and alphabetical order. 
 The list of each canton is sent to the Juges de paix. 
 
 The yearly list contains one juryman for every 200 inhabitants ; but 
 the number cannot exceed 3,000 in the department of the Seine, (Paris,) 
 and 1,500 in every other department. 
 
 Besides this, there is also a yearly list of supplementary jurymen, 
 which consists only of citizens of the city in which the assizes ai-e held. 
 
 The prefect in council of prefecture decides on the number to be 
 taken from each arrondissement or canton for this yearly list. A special 
 commission names the persons who are to serve on this list, which is 
 made in duplicate, one is deposited with the prefect, and another at the 
 clerk's ofl&ce {greffe) of the justice of peace. 
 
 ' The prefect forms from this cantonal list a Ust for the department. 
 Before the 15th December of each year it is transmitted to the clerk of 
 the court which is charged with holding the assizes. Ten days before 
 the opening of the assizes the president draws thirty-six principal jury- 
 men, and six supplementary. The jury consists of twelve persons; it 
 is formed from the list before alluded to, and must, one day at least, 
 before the opening of the session, be announced to the accused. On the 
 day of the trial all the names of the list are called over ; the names of 
 all who answer to the call are deposited in an urn. If more than six 
 jurymen fail to answer the call, the names of the supplementary jury- 
 men are called to supply their place. 
 
 The president then retires, with the accused, his counsel, and the 
 ministire puhlic, to the council chamber, {chamhre de deliberation;) twelve 
 
PENAL CODES IN EUROPE. 53 
 
 names axe drawn in their presence from the urn to form the jury for the 
 trial, the first drawn being foreman. As each name drawn by the 
 president is called, the Procureur or the accused can challenge the per- 
 son without assigning a reason. When twelve names have been drawn 
 without challenge, or when the names remaining in the urn, joined to 
 those which have not been challenged, make twelve, the jury is formed. 
 Each party has a right to an equal number of challenges. When there 
 are several accused, the right of challenging of the whole is hmited to 
 the same number ; and when they do not agree on the challenge, the 
 jjriority is decided by lot. The accused, during this preliminary opera- 
 tion, is accompanied by his counsel, who is either chosen by himself, or 
 named to him ex officio by the president, within twenty-four hours after 
 entering the maison dejvMice. 
 
 The accused appears during the trial free, accompanied by guardians, 
 to prevent his escape. Immediately after opening the court the presi- 
 dent asks him his name, age, domicil, place of birth, and profession. 
 He then recalls to the counsel his duty — that he can say nothing against 
 his conscience or contrary to the respect due to the law, and that he 
 must express himself with decency and moderation. He then rises, 
 takes off his official cap, and swears the jury, who individually answer, 
 with uplifted hand, " I swear it," {Je lejure,) to the formula proposed to 
 them. The president then warns the jury to be attentive to what they 
 are about to hear. He directs the clerk {grefier) to read aloud and dis- 
 tinctly the acte d'accusatimi and the judgment of the chambre d^ accusation. 
 After this the president repeats to the accused the substance of the con- 
 tents of these documents, and tells him that he will now hear the charge 
 which is brought against him. 
 
 The public prosecutor then states the subject of the accusation, and 
 presents the list of witnesses for and against, (a charge et a decharge.) 
 
 The witnesses then retire to the room set apart for them, from which 
 they are called, singly, for their depositions. They are heard by the 
 president, and all questions to them must be put through him. 
 
 When all the witnesses have been heard, the ministere 'public or the 
 'partie civile states the accusation. The accused and his counsel reply. 
 The ministere public can answer, but the accused has a right to be last 
 heard. 
 
 The president then declares the debates to be ended, and sums up 
 impartially to the jury the evidence on both sides, calls to mind their 
 functions and duties, and recapitulates the questions to which they have 
 to reply, and which are sometimes very numerous. 
 
 The verdict of the jury does not consist in replying " guilty " or " not 
 guilty," but irr answering "yes" or "no" to facts, and in recognising 
 or not the criminal intention ; and, lastly, in the admission or not of 
 extenuating circumstances.* 
 
 Before the president puts the questions to the jury, he observes to 
 them that they have in their answers to state when there is merely a 
 simple majority on the principal imputed crime, button the other ques- 
 tions it is unnecessary. 
 
 * In rendering the verdict the jury must note, opposite each question answered unfavorably 
 to the prisoner, whether there are extenuating circumstances. It is not sufficient to say, in 
 general terms, at the end of the verdict, that they exist. 
 
54 PENAL CODES IN EUROPE. 
 
 The jury then retire to the jury-room. The foreman reads to the 
 jury a reglement, (set of regulations,) which declares that they are not 
 bound to any theory of evidence, but only to decide according to their 
 conscientious conviction, {conviction intime.) The jury are not allowed 
 10 leave their room before having decided on their verdict. The fore- 
 man (chef) collects the opinions of the jury, which is by vote, each 
 juryman having a paper, on which is inscribed " On my honor and 
 conscience my declaration is, ." 
 
 After concluding this operation the jury return to the court to announce 
 the verdict of the majority. The answer is read by the foreman, stand- 
 ing, with his hand on his heart : "On my honor and conscience, before 
 God and men, the declaration of the jury is, ." This declara- 
 tion is signed by the foreman, in presence of the jury, by the president, 
 and the greffier. 
 
 The judges of the assizes have no right to dispute the verdict when 
 it is unanimous ; when a simple majority of the jury (seven to five) 
 have found the prisoner guilty, and a majority of the judges are con- 
 vinced that the jury have, although observing the forms, erred as to 
 the real merits of the case, the affair can be sent before a new jury. 
 In case of acquittal, the case can never be sent before a new jury. 
 
 A decree of the provisional government under date of 6th March, 
 1848, repealed the laws of September, 1835, concerning the press, and 
 a majority of nine voices in the jury was declared necessary to con- 
 demn. 
 
 . The article eighty-three of the constitution of 4th November, 1848, 
 guarantees particularly the exclusive competency of the jury for all 
 political offences and all affairs of the press. By a decree of the presi- 
 dent since the events of the 2d December, (1st January, 1852,) all 
 offences of the press, or of speech, are taken from the jury and judged 
 by the correctional tribunals. 
 
 The law of the 18th October, 1848, contains the provision that the 
 declaration of extenuating circumstances can be made in a simple ma- 
 jority, on the principal charge, and for aggravating circumstances a 
 msyority of more than seven voices is necessary as before.* 
 
 The jury in its verdict can only declare the majority, and it is void 
 if the relative number of votes are given in any other way. For ex- 
 ample, if the number for cmd against were named, the law permits 
 only to use the words "by a majority of more than seven voices." 
 
 When the accused is declared guilty, the Procureur general demands 
 the application of the law, and the ])artie civile makes his demand for 
 damages and restitution. 
 
 The president then asks the prisoner if he has anything to" say in 
 defence. Neither he nor his council can after that plead innocence of 
 the act charged, but that it is not forbidden, and that;it is not qualified 
 as crime by the law, or that it does not merit the punishment demanded 
 by the Procureur, or that it does not incur damages, or incurs less than 
 is demanded. • 
 
 *The article 347 of the Penal Code, abrogated by the above, was re-established by vote of 
 7th May, 1854, of the Corps Legislatif, and seven voices now suffice. Another law of 10th 
 May, same year, diminishes the list of jurp-men by about two-thirds.— (See Administrative 
 Changes in France, under the head of jury. J 
 
PENAL CODES IN EUROPE. 55 
 
 The sentence is pronounced by the president, in the name of the 
 court, after consulting with the other judges ; it must set forth the mo- 
 tive of the application of the punishment, and give texually the law 
 upon which the sentence rests. The court also condemns when, by 
 the verdict of the jury, no crime, but some other offence has been com- 
 mitted. When the jury have found the accused not guilty, the president 
 directs that he be immediately set at liberty, if he be not detained on 
 other chaiges. 
 
 The accused has three free days (Jours francs) after sentence, to 
 declare at the clerk's office {greffe) that he appeals to the court of cas- 
 sation. The Frocurewr general has the same term to make the same 
 declaration. The sentence is, or may be, executed within twenty-four 
 hours after the expiration of these three days, when an appeal is hot 
 made. 
 
 The appeal in cassation is the only recourse against the sentence of 
 the court of assizes. Against the sentence of the police and correctional 
 courts, there is recourse in cassation when no other appeal is admissible. 
 When the court of cassation- annuls a sentence, the case is sent before 
 another court of the same denomination as that which had given the 
 annulled sentence. When, after the cassation of a first sentence, a 
 second action between the same parties is appealed from, the cour de 
 cassation decides in fuU silting {toutes les chambres reunies.) When the 
 second sentence is annulled, the court to which the case is then referred 
 must conform to the decision of the court of cassation on the point of 
 law judged by that court. 
 
 It has already been shown that cassation is only admissible when a 
 formality is not observed which is absolutely required by law; or, 
 when an express declaration of the law is "violated. It decides on the 
 point of law alone, never on points of fact. 
 
 The public prosecutor to whom is accorded this appeal in error, can 
 only apply for the same in the interest of the law {dans Vinteret de la hi,) 
 that is, the court of cassation is only called on for a decision, without 
 having the power to reform the sentence which rests on the accused. 
 
 Besides the cassation, there is a particular reoision. This is demanded 
 when two persons, accused separately of a crime committed by one 
 alone, have both been condemned, so that the two sentences are irre- 
 concileable, and they give evidence of the innocence of one of the two 
 parties accused. The two contradictory sentences are transmitted by 
 the minister of justice to the Procureur General of the court of cassation. 
 The Chambre criminelle of this court, after having verified the incompati- 
 bility of the two condemnations, annuls the two sentences, and sends 
 the accused before another court than either of those which pronounced 
 the sentences. In a similar manner, also, when, after sentence of a per- 
 son for homicide, sufficient indications are found of the existence of the 
 supposed victim. Lastly, when, after the condemnation of an accused 
 person, one or more witnesses against him (a charge) are found to have 
 borne false witness. 
 
 For many years, propositions for increasing the catagories of such 
 cases have been made in the legislative bhambers of France, caused 
 by the case of L6surques, who, upwards of fifty years ago, was exe- 
 cuted for the murder of a courier of the post office, a remarkable 
 
56 PENAL CODES IN EUROPE. 
 
 resemblance between him and the real murderer having caused his 
 condemnation by the jury, and the mistake haying been discovered 
 only after his execution, and confiscation of his property had followed. 
 Yet although no one doubts his innocence, and favorable reports have 
 been made on the subject to the various legislative bodies, by their 
 committees, the injustice of the sentence has never been recognised by 
 the government. 
 
 In case of revision on account of homicide alone, rehabilitation to 
 the memory of the person condemned is possible ; for, by the laws, a 
 curator is named by the court of cassation, who represents him in the 
 demand for a revision. 
 
 In the two other cases of revision this procedure is impossible. 
 
 The Conseil d'Etat of France in the sitting of 25th and 31st March, and 
 7th and 8th April, 1852, deliberated upon a project of law on rehabili- 
 tation'of condemned persons, which is now before the Corps Legislaiif. 
 The committee of this last body has already adopted the proposition of 
 the council of State.* The chief provisions of this project are the fol- 
 lowing : 
 
 1st. The fourth chapter of the seventh title of the second book of the 
 code d'i?istruction criminelle is abolished. 
 
 2d. Every person condemned to a correctional or criminal punish- 
 ment can demand rehabilitation. (By the former laws a rehabflitation 
 for a correctional punishment was not admitted.) 
 
 3cl. The rehabilitation can be demanded five years after the end of 
 the criminal, and three years after the termination of the correctional 
 punishment. The person demanding the same, if condemned to a crim- 
 inal punishment, must be domiciled five years in the same arrondisse- 
 ment, and two years in the same commune ; if condemned to a cor- 
 rectional punishment, he must have been three years in the same arron- 
 dissement, and two years in the same commune after the expiration of 
 the term of punishment. He must produce a certificate of the muni- 
 cipal council to prove this, and show his conduct and means of subsis- 
 tence. He must also produce a receipt for the payment of the costs of 
 court, fine, and damages contained in his former sentence. 
 
 This demand must be made to the Procureur de la Republique; who, 
 after having made due inquiry of the mayor, justice of the peace, and 
 Sub-prefect, transmits the papers to the Procureur General. The court 
 of appeal decides on them in the Chamhre d^ accusation. 
 
 When the court accords the demand, the decision is presented to the 
 minister of justice, who reports to the president of the republic. 
 
 The lettre de rehabilitation is given by the president, and is then tran- 
 scribed in the records of the court of justice which passed the sentence 
 of condemnation. 
 
 When the demand is refused, a new one cannot be made before the 
 expiration of two years. 
 
 A person cannot be rehabilite a second time. 
 
 The rehabilitation causes to cease in the future all the disqualifications 
 resulting from the condemnation. 
 
 The rehabilitation neither aboUshes sentence nor punishment, unlilce 
 
 * It has since become a law. 
 
PENAL CODES IN EUROPE. 57 
 
 the revision which annuls both, and the pardon, which annuls the last 
 alone. 
 
 The rehahililamn has only this effect, that the ulterior consequences 
 of a punishment already undergone, or the accessory effects of a pun- 
 ishment, are remitted. 
 
 THE PENAL CODE OF PRUSSIA. 
 
 (STRAF-GESETZBUCH FUR DIE PREUSSICHEN STAATEN.) 
 
 After the analysis which has been given of the French penal code, a 
 similar one of the remarkable code lately promulgated in Prussia will 
 not be without interest in this connexion. 
 
 Although founded on the French Code Fenal, it differs from it in many 
 important particulars, and I have thought it necessary to place in jux- 
 taposition the principal features of the two great codes of Europe. 
 
 The Prussian code has been in force only since the 1st of July, 1851, 
 and its authors, profiting by the experience of other nations, may be 
 supposed to have arrived at a system of law more nearly approaching 
 the wants of the nation, and of society, and more conformable to the 
 spirit and institutions of the age, than any which have preceded it. 
 
 The Prussian code is the product of twenty-five years of legislative 
 labor. Six complete and elaborated projects were presented and dis- 
 cussed in the years 1827, 1830, 1843, 1845, 1847, and 1851. If the 
 desired goal was not sooner arrived at, it was not for want of profound 
 investigation, sixty commentaries and criticisms having been written on 
 one single project, (that of 1830.) . 
 
 'The reason of this delay is to be found partly in the slow move- 
 ments of the legislative bodies, and partly in the long-continued differ- 
 ences on the question, whether a new code should be made, or whether 
 the former laws should be revised. 
 
 The criminal law of Prussia before the reform was contained in the 
 general Prussian law of 1794, (Lanirecht.) By a cabinet order of the 
 king, dated 28th January, 1826, the revision of the penal laws was 
 decreed ; and on this occasion it was expressly remarked, that no new 
 body of laws was intended, but that it was only meant to give the 
 former laws a thorough examination, and, according to the result, to 
 improve Eind complete the existing system. The minister of justice, 
 Graf Von Danckelmann,' protested against this plan of revision, and 
 declared that the general Landrecht could be revised in all its parts, 
 except the crimiuEd law, for which a new code was required. The 
 king yielded to this opinion, and decreed by a cabinet order of 14th 
 November, 1826, the plan proposed by the minister, that a commission 
 should be appointed to prepare a new penal code for the whole State 
 of Prussia.* 
 
 * In the Rhenish provinces the French penal code was in force till the adoption of the new 
 Prussian code. The commission had great difficulty in satisfying these provinces, in which 
 besides the French system of penal procedure was also in force. 
 
58 
 
 PEJfAL CODES IN EUROPE. 
 
 In order to hasten its preparation, a second commission was ap- 
 pointed in 1838, called Immediat Commission, consisting of the ministers 
 of justice, and of the interior, and of several members of the council of 
 State. The proceedings of this commission were to be more prompt 
 than those of the ordinary commission, and it was to stand in immediate 
 relation with the 'plenum, or general assembly. 
 
 The project of the year 1843, the revised project of 1845, (the latter 
 under the direction of the celebrated Savigny, then minister of justice,) 
 and the project of the year 1847, were the result of the labors of this 
 commission. The last project was laid before the legislative chambers 
 {Vereinigten Landtag) on their first meeting, under the celebrated patent 
 of the 3d February, 1847. It was discussed during twenty-six sittings, 
 in a committee of ninety-nine members, named for this purpose by the 
 Landtag, and a report made to the assembly. The general discussion 
 commenced on the 17th January, 1848,. and was interrupted in the 
 sitting of the 6th March, by the revolution. 
 
 In the year 1850, the project remodelled by the minister of justice, 
 Herr Simons, was again taken up, with alterations rendered necessary 
 by the reformed organization of the judiciary. In the first and second 
 chambers, the project was adopted without discussion, and promulgated 
 as law the 14th April, 1851, to take effect the 1st July, following. 
 
 Of all the German penal codes, that of Prussia most resembfes the 
 French, both in form and principle. It consists of 349 articles, being 
 reduced by one-half from the number proposed by the former commis- 
 sions. 
 
 It is divided into three parts, preceded by introductory prescriptions. 
 These are founded on the dispositions preliminaires of the Code Penal, and 
 are almost a Uteral translation of them. In the first paragraph* offences 
 are divided, as in the French code, into crimes, misdemeanors, and 
 contraventions. {Verbrechen, Vergehen, Uebertretungen.) 
 
 A crime is punishable with death, hard labor, (Zuchthausstraffe,) or 
 confinement, {Einsckliessung,) for more than five years. 
 
 A misdemeanor is punishable with confinement for less than five 
 years, imprisonment {Gefangniss- Strafe) for more than six weeks, or fime 
 (Geldbvsse) of more than fifty thalers.t 
 
 A contravention is punishable with imprisonment for a term of less 
 than six weeks, or by a fine, which cannot exceed fifty thalers. 
 
 The Prussian Code recognizes but five kinds of punishment : capital 
 punishment, hard labor, confinement, imprisonment, and fine. 
 
 1st. Capital Punishment. — This is by decapitation. (Civil death is 
 abolished, and civil degradation is pronounced only in very grave 
 cases.) The execution is private, in an enclosed space. Two mem- 
 bers of the court judging in first instance, the public prosecutor, or his 
 substitute, a clerk, and one of the superior officers of the prison must 
 be present. Notice of the execution must be given to the municipal 
 council of the place where the execution is to take place. This body 
 must send twelve persons of consideration to act as witnesses. A 
 
 * This code is divided into paragraphs instead of articles, 
 t A thaler is equivalent to sixty-nine cents. 
 
PENAL CODES fil EUROPE. 50 
 
 member of the religion of ;the condemned and his counsel must be ad- 
 mitted. Other persons can obtain admission only on particular grounds ; 
 the law, however, neither gives those grounds, nor does it name the 
 magistrate by whom the permission is granted. 
 
 2d. Hard Labor, {Zvckthaitsstrafe.) — This punishment is either for life 
 or for a term of from two to twenty years. Those condemned to it are 
 employed, as in the bagnes in France, at such labor as is fixed by law 
 in the prisons prepared for this purpose, and called Zuchthauser. They 
 are not capable during their term of putiishment of performing any civil 
 act ; and, in case of holding property, a curator is named for them who 
 administers their affairs. They are deprived of their civil rights, by 
 which is understood the following: loss of right to wear the Prussian 
 national cocade ; incapacity to maintain or receive public office, honors, 
 titles, orders, or decorations ; loss of nobility, incapacity to be a juryman 
 or elector, or to perform any other political act ; incapacity to make 
 oath as a witness or appraiser, or to serve as witness to a public docu- 
 ment ; incapacity to be guardian or member of a family council, with 
 the exception of guardianship of their own children, with the approba- 
 tion of the family council, or other council of guardianship; lastly, the 
 loss of right to bear arms or to enter the army.* 
 
 3d. Cmifinement, (Eimchliesmng.) — This punishment is incarceration 
 in fortresses, {Festungm,) or other places named for the purpose, with 
 employment at different ti-ades, for the most part chosen by the prison- 
 ers. It cannot exceed twenty years. 
 
 4th. Imprisonment, {Gefangniss- Straffe.) — Those condemned to this 
 punishment are confined in a prison, {Gefdngniss,\ and are employed ac- 
 cording to their capacities and circumstances. Its duration is fi-om one 
 day to five years. 
 
 5th. Fines, (Geldbitsse.) — A fine of less than one thaler cannot be levied. 
 In case of insolvency of the condemned, the judge can change the fine to 
 imprisonment, a fine of from one to three thalers counting as one day's 
 imprisonment. Under such circumstances it can never exceed four 
 years. 
 
 The Prussian code, like the French, does not prescribe general con- 
 fiscation of property as a punishment, but only a special one of those 
 objects which are the fruits of the crime or misdemeanor, or which were 
 used, or intended to be used, for the commission of the offence. 
 
 Besides the entire privation of civil rights, there is a temporary in- 
 terdiction of them of from one to ten years, with the effects before 
 mentioned. The temporary interdiction of the right of holding public 
 office, however, cannot exceed five years. 
 
 The surveillance of the police, introduced into this code, has also been 
 adopted from the French. The residence in certain places can be in- 
 terdicted to a convict ; and he is subjected to visits from the police as 
 often as they deem it advisable. Those who are punished and placed 
 under the surveillance of the police on account of theft, robbery, or of 
 
 * At this moment, when the jury in nearly all cases is abolished in Prussia, and when 
 bearing arms is generaUy not only not allowed but punished, the loss of these politicalrights 
 is leas to be apprehended by the criminal, who shares it with every honorable citizMi. 
 
60 PENAL CODES IN EUROPE. 
 
 receiving stolen goods, are not allowed to leave by night either their 
 domicil or lodging, without permission of the police.* 
 
 A foreigner instead of being placed under the sundUance of the po- 
 lice, is ejected from the Prussian territory. • 
 
 All condemnations to death, hard labor, or confinement for more than 
 five years, must be published in the Amtsblatt, or official organ of the 
 government, in the district in which the punishment is pronounced. 
 
 Offences receive a much milder punishment by the Prussian, than by 
 the French code ; and the principal difference of the effects of punish- 
 ment is, that the system of penalties dishonoring the person is not 
 adopted in the former, and that only in certain very grave cases depri- 
 vation of civil rights and consideration is pronounced. Capital punish- 
 ment appears in much fewer cases ; the punishments of civil death, 
 exile, transportation, and detention, do not exist. 
 
 The second paragraph contains the general principle, that no of^ 
 fence, whether a crime, misdemeanor, or contravention, can be pun- 
 ished in any other mode than that prescribed by the law before the ac- 
 tion was committed. In this respect it differs widely from the French 
 law, which forbids the pronouncing of a punishment that is not fixed by 
 the law, but does not add " before the action was committed ;" a very 
 rigid interpretation of the old maxim, nulla poena sine lege.f By the 
 very positive phraseology of the Prussian Code, it is estabushed that the 
 judge cannot employ analogy in pronouncing a sentence, and must 
 rigorously observe those laws in vigor at the moment the action was 
 committed. 
 
 The paragraphs three and four contain the maxims of the so-called 
 international penal law. All crimes and misdemeanors committed by 
 foreignars on the Prussian territory are punished by the Prussian laws. 
 In regard to offences committed in other countries, the law makes no 
 provision except in the following cases : a foreigner who has been 
 guilty of treason, or counterfeiting money to the injury of Prussia, or of 
 an outrage to the king, {Majestats-Beleidigung ;) a Prussian who has 
 been guilty of the same actions, or the provocation to war against Prus- 
 sia, 0uandesverrath ;) lastly, a Prussian who has committed an action 
 which is punishable by Prussian laws, and also punishable in the place 
 where the action was committed, is prosecuted and punished by the 
 Prussian courts ; nevertheless, the prosecution and punishment are for- 
 bidden when the courts of the country where the offence was commit- 
 ted have passed judgment upon it, and when the punishment pro- 
 nounced has been executed or remitted. These last prescriptions ap- 
 ply only to crimes and misdemeanors ; contraventions committed in 
 foreign countries are only punished in Prussia when it is prescribed by 
 special la,ws or treaties. 
 
 In paragraph five, the military are, as in the French code, excepted 
 from the prescriptions contained in these laws. The spirit of the laws 
 for the military has been already given in treating of the code penal, 
 
 * The law defines the night, from 1st October to 31st March, as the interval between 6 
 o'clock in the evening to 6 o'clock In the morning ; and from 1st of April to 30th September, 
 from 9 o'clock in the evening to 4 in the morning. 
 
 t The old criminalists based the entire penal law on three fundamental rules : 1st. Milla 
 orimen sine lege ; 9d. JiPulla lex sine pana ; 3d. J^ulla pana sine lege. 
 
PENAL CODES IN EUROPE. 61 
 
 and it only remains here lo detail the positive elements of the Prussian 
 legislation on this point. The military laws now in force in Prussia 
 are the follo;wing : flie ordinance concerning disciplinary punishment in 
 the army, of 21st October, 1841 ; the ordinance concerning the pun- 
 ishrnent of difficulties between officers, and of duels, as well as the or- 
 ganization of courts for the decision of these cases, (Ehrengerichte,) of 
 20th July, 1843 ; the articles of war, and the ordinances concerning 
 their application, of 27th June, 1844; and the penal code of the army 
 of 3d April, 1845. 
 
 The preliminary prescriptions close with a paragraph identical with 
 that of the Code Penal, and in conformity to the principles of law and 
 equity, that the right of the injured to damages is independent of the 
 pimishment itself. 
 
 PART I. 
 
 GENERAL PRINCIPLES CONCERNING PUNISHABLE ACTS. 
 
 The fest part of this Code contains, as has been already mentioned, 
 only general doctrines. The first chapter treats of punisjiments, and 
 has already been noticed. 
 
 Attempt, {Versuch.) 
 
 The second chapter treats of attempts to commit crimes or misde- 
 meanors, {Vers^lch,) and establishes a theory which is almost literally 
 copied from the French penal code. A Versuch is only punishable when 
 the same is manifested by acts which constitute a commencement of 
 execution, and when the consummation is hindered only by circum- 
 stances, independent of the will of the author. The attempt to com- 
 mit a crime is punished the same as the crime itself. NevertJieless, the 
 judge, in fixing the measure of punishment which is within the limits 
 allowed him by the law, is permitted to take into consideration that the 
 crime was not consummated. 
 
 The only exception to this rule is, in case of capital punishment and 
 hard labor for life, when these penalties must be cnanged to hard labor 
 for at least ten years, with surveillance of the police. The attempt at a 
 misdemeanor is only punished in those cases specified by the laws ; the 
 punishment is, in such cases, the same as for the misdemeanor itself, 
 with the above mentioned modification in respect to judicial apprecia- 
 tion. 
 
 Complicity. 
 
 The third chapter treats of the participation in a crime or misde- 
 meanor. The following questions are decided in the same : 
 
 1st. Who shall be punished as author or accomplice {Theilnehmer) of 
 a crime or misdemeanor? 
 
&2 PENAL CODES IN EUROPE. 
 
 2d. What punishfljent must ,be pronounced in the different cases ? 
 
 3d. How is he to be punished who takes part in a punishable action 
 after the same has been committed? so called Begunstigung. 
 
 Are punished as the accomplices of a crime or misdemeanor : 
 
 1st. Whoever excites, seduces, or persuades the dper, by gifts or 
 promises ; by threats, abuse of authority or power ; by intentional pro- 
 vocation or other means. 
 
 2d. Whoever may have advised to commit a crime or misdeicaeanor ; 
 also, whoever has procured weapons, instruments, or other means, 
 which have served fqr the deed, knowing that they were to serve in 
 the perpetration of a punishable action ; or whoever, knowin^y, has 
 given aid in the acts which have eith^, prepared, facilitated, or com- 
 pleted the offence. The punishment is, in this case, whether the ofiTence 
 is consummated, or only attempted, the same for both the principal and 
 accompKce. Nevertheless, the judge can, in applying the law, have 
 regard to the degree of the co-operation. Only, in the case of capital 
 punishment, or hard labor for life, when the part taken was not essen- 
 tial to the accomplishment of the crime, hard labor for a term of years 
 must replace these penalties, and when, besides, extenuating circum- 
 stances exist, the punishment is imprisonment of from two to ten years. 
 
 3d. Whoever excites to a crime or misdemeanor, by speeches at 
 public places or meetings, or by writings, prints, or other publications, 
 which are sold, distributed, propagated, exposed or posted, is considered 
 and punished as an accomplice, when the instigation has resulted in a 
 crime or misdemeanor, or a punishable attempt at either. If no result 
 has followed these provocations, imprisonment of at most one year is 
 generally pronounced. 
 
 Tlje law calls him a Begunstiger, who, after the perpetration of a 
 crime or misdemeanor, knowingly assists the perpetrator to Escape 
 punishment, or to secure the advantage of the offence. The punish- 
 ment for this is, fine of at most 200 thalers, or imprisonment oi at the 
 utmost one year. When a person does this with the intention of saving 
 a blood-relation, either ascendant or descendant, brother, sister, or 
 spouse, from punishment, he incurs no penalty. Nevertheless, in the 
 case when this assistance is given in consequence of an agreement 
 made before the commission of die offence, a common Cbmplicitdt ex- 
 ists, even for a relation of the grade just mentioned. 
 
 This chapter closes with a peculiar disposition which is not found 
 in many other codes. Whoever has received notice of a project of 
 high treason, counterfeiting of money, murder, robbery, kidnapping, or 
 a crime dangerous to the life of man, when the hindering of the same 
 is still possible, and fails to denounce the fact to the authorities, or to 
 the person threatened, is punished with imprisonment for a term which 
 can DC extended to five years, when the crime is committed or at- 
 tempted. 
 
 Exemption from or mitigation of punishm£nt. 
 
 In the fourth chapter, which is logically connected with the first on 
 punishments, are enumerated the grounds which exclude or mitigate 
 the punishments. In the three following cases, there is neither a crime 
 
PENAL CODES IN EUROPE. 63 
 
 nor misdemeanor committed, although the external conditions of the 
 same exist : 1st. When the author at the moment of the deed, is in- 
 sane or idiotic, or when the freedom of the will is hindred by force or 
 menace. 2d. When the deed is an act of legitimate defence, to repulse 
 an attack on one's self, or on another, even in the case when from ter- 
 ror, fright, or horror, the limits of defence are exceeded. 3d. When 
 the author has not completed his 16th year, and it is proved that he 
 has acted without discrimination. In this latter case, the judge decides 
 whether he shall be entrusted to his family, or sent to a house of cor- 
 rection. If sent to the latter, he remains there as long as the adminis- 
 trators deem it necessary ; nevertheless, never beyond his 20th year. 
 
 When a youth, under 16 years, has sommitted a crime, and it is 
 shown that he acted with discernment, no other punishment than im- 
 prisonment can be pronounced against him. When the crime is pun- 
 ished in ordinary cases with death or hard labor for life, the penalty is 
 changed to imprisonment for from three to fifteen yeai-s. Li all other 
 cases, the judge is authorized to diminish the minimum, of the oi'dinary 
 punishments ; he can never exceed the half of the ordinary maximMm. 
 The imprisonment for such young persons is in separated wards within 
 the ordinary prisons. 
 
 Limitation, ( Verjaehrung.) 
 
 The prosecution of crimes and misdemeanors is subject to limitation. 
 The limitation {Verjaehrung) for crimes punishable wath death is thirty 
 years ; for those crimes, whose punishment is loss of liberty for more 
 than ten years, the limitation is twenty years ; and for those of which 
 the penalty is a milder punishment, the period is ten years. Those 
 misdemeanors which are punishable with more than three months' im- 
 prisonment as a maximum, cannot be prosecuted after five years, nor 
 others after three years. 
 
 The term of limitation begins with the day that the crime or mis- 
 demeanor is committed. A crime or misdemeanor which can only be 
 punished on the complaint of a private individual — for example, theft 
 from a near relative — cannot be prosecuted after a lapse of three 
 nionths, which commences with the time of knowledge of the offence. 
 When it is interrupted by a judicial examination which leads to no 
 result, a new term of limitation commences with the latter judicial act. 
 Whoever escapes by flight from the examining magistrate cannot avail 
 himself of the new Umitation. The law defines precisely the inter- 
 ruption of the limitation, and embraces therein every motion or other 
 act of the public prosecutor, as well as every decision and every other 
 act of the judicial magistrate, concerning the opening, continuation, or 
 termination of the investigation or incarceration of the accused. No 
 limitation is admitted for punishments pronounced by a definitive 
 judgment. 
 
 When the culpability of an action depends either on matters pecuUar 
 to the person of the offender,* or to the one against whom the action is 
 
 * A late commentary of this law, by Goltdammer, contains, as an example, the case of a 
 father who in a dark room administers a oastigation to a stranger, supposing him to be his 
 39n, and who, therefore, is not to be counted as guilty of assault and battery. 
 
64 PENAL CODES IN EUROPE. 
 
 directed, or, in particular circumstances, such action is not to be counted 
 as a crime or misdemeanor, when the doer at the time of the deed was 
 ignorant of such relations. 
 
 Cumulation and repetition, of offences, {Riickfall.) ■ 
 
 The first part closes with the 5th chapter, concerning the cumulation 
 of several offences, and the repetition of offence, {Ruct^all.) The first 
 occurs when the same action includes the characteristics of several 
 crimes or misdemeanors, in which case that law is applied which in- 
 flicts the severest punishment, or when, by several independent agtions, 
 several crimes or misdemeanors are committed. In the last case, all 
 punishments to which the criminal is subjected are to be cumulated in 
 one, with the following modifications : When there are several punish- 
 ments of loss of liberty for a less term than for life, the term cannot, for 
 crime, exceed twerity years, and for misdemeanors ten years. If the 
 punishments are of different kinds, the severest is to be pronounced, 
 and the milder are, by a fixed rule, reduced to the same kind. One 
 year's imprisonment counts as eight months' confinement, and one 
 year's confinement for eight months at hard labor. In case of the cu- 
 mulation, imprisonment, which by law cannot in ordinary cases exceed 
 five years, can be extended to ten years. 
 
 By Ruckfall is understood the perpetration of a crime or misdemeanor 
 for which an individual has been already condemned by a Prussian 
 court of justice. In this case, the maximum of the ordinary punishment 
 .is increased, but by not more than one-half, and cannot exceed incar- 
 ceratwn for twenty years. The term of five years for imprisonment 
 can, in this case, be augmented. This augmentation does not occur 
 when ten years have elapsed since the lime when the punishmejit of 
 the crime last committed has been inflicted or remitted. When the 
 deed, in the first or last case, or in both, consists merely in being acces- 
 sory to a crime or misdemearior, or to the attempt to commit the same, 
 the same augmentation of severity of punishment is to be observed. 
 
 PART II. 
 
 CRIMES AND MISDEMEANORS IN DETAIL, AND THE PUNISHMENTS OF 
 
 THE SAME. 
 
 This part contains very numerous special prescriptions concerning 
 the nature and the mode of prosecution of punishable actions, except- 
 ing offences against the police regulations, which are treated of in a 
 special chapter. 
 
 In order to show more clearly the economy of the code and system 
 of the legislation, the heads of the 28 chapters, {Titel,) into which it is 
 divided, will be given. 
 
 For the " particular cirourastances," he gives, as a second example, the man who enters 
 upon a second marriage, believing the first spouse to be dead, who thus errs in the " particu- 
 lar circumstances" which makes a second marriage criminal. 
 
PENAI. CODES IN EUROPE. 65 
 
 Chapter 1st. Treats of high treeison and instigation to war against 
 Prussia. {Landesverrath.) 
 
 Chapter 2d. Of insult offered to the king and to the royal family. 
 
 Chapter 3d. Of hostile acts against the allies of the State. 
 
 Chapter 4th. Of crimes and misdemeanors in respect to the exer- 
 cise of political rights. 
 
 Chapter 5th. Of resistance to the legal authorities. 
 
 Chapter 6th. Of offences against public order. 
 
 Chapter 7th. Of the counterfeiting of money. 
 
 Chapter 8th. Of perjury, 
 
 Chapter 9th. Of false informing. 
 
 Chapter 10th. Of offences against religion. 
 
 Chapter 11th. Of ofiences in regard to civic rights. {Fersonemtand.) 
 
 Chapter 12th. Of ofiences against good morals. {Siulichkeit.) 
 
 Chapter 13th. Of slander and libel. {Verletzungen der Ehre.) 
 
 Chapter 14th. Of duelling. {Zimkampf.) 
 
 Chapter 15th. Of crimes and misdemeanors against life. 
 
 Chapter 16th. Of corporeal injtiries. (Korperverletzungen.) 
 
 Chapter 17th. Of offences against personal fi-eedom. 
 
 Chapter 18th. Of theft and embezzlement. ( Unterschlagungen.) 
 
 Chapter 19th. Of robbery and extortion. {Raub und Erpressung.) 
 
 Chapter 20th. Of receiving stolen goods. {Heklerei.) 
 
 Chapter 21st. Of fraud. {Betrug.) 
 
 Chapter 22d. Of breach of faith. ( Untreue.) 
 
 Chapter 23d. Of counterfeiting documents. 
 
 Chapter 24th. Of bankruptcy. 
 
 Chapter 25th. Of punishable selfishness. {Straf barer Eigennntz.) 
 
 Chapter 26th. Of damages caused to another's property. {Vermo-. 
 gensbeschadigung.) 
 
 Chapter 27th. Of crimes and misdemeanors of a generally dangerous 
 character. 
 
 Chapter 28th. Of crimes and misdemeanors by a public officer. 
 
 1st. High Treason, {Landesverrath.) 
 
 High treason is an undertaking against the king, tending to kiU, im- 
 prison, or deliver him to the enemy, or to render him incapable of gov- 
 erning, or forcibly to alter the succession to the throne or the constitu- 
 tion, or to incorporate the territory of Prussia, in whole or in part, with 
 a foreign State, or to vsnrest a portion of its territory from the kingdom. 
 The punishment in these cases is death. If the action is only prepared, 
 and not commenced, its punishment is hard labor ; or, when there are 
 mitigating circumstances, confinement. 
 
 A Prussian who excites a foreign government to war against Prussia, 
 suffers, if war follows the same, capital punishment and civil degrada- 
 tion. The giving assistance by a Prussian citizen to the enemy during 
 a war with Prussia is punished with hard labor. 
 
 2d. Insult to the King. 
 
 Lisult to the king is either by words or deeds ; the latter is punished 
 with death, or, in certain cases, with hard labor for from ten to twenty 
 years. 
 
66 
 
 PENAL CODES IN EUROPE. 
 
 An offence comraitted against one of the members of the royal family 
 is punished with hard labor for from five to twenty years. 
 
 The manifesting of a want of reverence for the king, by words, writ- 
 ings, prints, or drawings, is punished with hard labor for firom five to 
 twenty years. If against a member, of the royal family, with impris- 
 onment for from one month to three years. 
 
 3d. Acts against Allies. 
 
 A Prussian, in or out of Prussia, or a foreigner during his stay in 
 Prussia, who commits an action against one of the German States or 
 rulers, which, if exercised against Prussia or its king, would be high 
 treason, is punished with hard labor of fi'om two to ten years. 
 
 The same punishment is , pronounced whejj the action is directed 
 against, another State with which reciprocity in such cases is guaran- 
 teed by law or treaty. 
 
 The insulting by words the sovereign of a German State, or of an- 
 other State, when reciprocity is assured for such cases, is punished 
 with imprisonment of from one month to two years. The prosecution 
 in the last case is made on the proposition of the foreign government. 
 
 A part of this chapter has reference to diplomatic representatives, the 
 insulting the foreign agent accredited to the Prussian courts being pjin- 
 ished with from one month to one year's imprisonment. 
 
 4th. Crimes and Misdemeanors in respect to Political Bights. 
 
 Aa offence against the exercise of political rights is committed- by 
 the undertaking forcibly to dissolve the representative body, to obtain 
 the adoption of a resolution, or forcibly to eject or exclude a member of 
 the chambers, or to prevent bis going to the same, or voting, or to 
 falsify an electoral act. In these cases the punishment is hard labor or 
 imprisonment. 
 
 The buying or selling a vote is punished with imprisonment of from 
 three months to two years. 
 
 5th. Resistance to Legal Authorities. 
 
 By resistance to the authorities is understood the provocation to dis- 
 obedience to the laws or orders of the magistrates ; the exciting a sol- 
 dier to breach of discipUne ; the justifying a crime or misdemeanor ; 
 the attack on a magistrate, or resistance to the same in the exercise of 
 his functions ; lastly, the forcing a magistrate to do or to omit an official 
 act. In these cases, the punishment is fine or imprisonment. 
 
 The law includes, under this head, the favoring the escape of a pris- 
 oner, and the conspiracy of prisoners ; in the latter case imprisonment 
 must be pronounced. 
 
 6 th. Offences against Pvhlic Order. 
 
 By an offence against public order is understood the illegal forma- 
 tion of armed bodies ; the taking part in a secret association, or as- 
 sociating to prevent the execution of the laws ; the exciting citizens to 
 
PENAL CODES IN EUROPE. 67 
 
 hatred and contempt for each other, or for the institutions of the State, 
 or for the orders of the authorities ; the insuUing a person while in the 
 exercise of a pohtical or rehgious right ; the usurpation of a pubhc 
 office, uniform, decoration, or title ; the destroying or removing of pub- 
 lic ordinances which are posted in public places ; the breaking of 
 official seals ; the false accusation of a witness or juror ; the emigration 
 without permission, when thereby the person seeks to avoid military 
 service, or the practising the profession of inducing to emigrate ; the 
 seducing Prussian soldiers to desert, or the seeking to induce Prussian 
 subjects to enlist in a foreign ai-my ; vagrancy, or the wandering over 
 the country without means of subsistence, or attempting legitimately to 
 obtain the same ; beggary, when with threats, force, weapons, or false 
 representations ; the making beggars of children, or persons who are 
 entrusted to the care or authority of the persons so doing. 
 
 The law adds to these numerous cases the leading a life of drunken- 
 ness gambling, and idleness, which prevents the giving support to those 
 who are dependent on such persons for the same ; whoevifer receives 
 support from pubhc estabhshments for the poor, and refuses to perform 
 the labor suitable to his strength which is alloted him ; lastly, whoever, 
 aftqr the loss of his means of support, has, within, a term fixed by the 
 police, procured no other means of subsistence, and cannot prove that, 
 after taking all necessary pains, he has not been able to procure the 
 same — ^in all these cases the punishment is imprisonment ; or, in rare 
 cases, fine, or both. 
 
 7th. Counterfeiting Money. 
 
 By counterfeiting money, {Mmizverbrechen,) is understood the imitat- 
 ing of the coin or paper money of Prussia, or of any foreign State ; or 
 the altering of moneys in order to give them the appearance of higher 
 value, or to give to uncurrent money the appearance of current. This 
 crime is punished with hard labor of from five to fifteen years, and with 
 surveillance of the pohce. 
 
 Thd same punishment is incurred by him who procures false or falsified 
 money, and either imports the same or puts it in circulation ; whoever 
 receives such money, and, after recognising its spuriousness, passes it, 
 or seeks to pass it, as genuine, is punished with imprisonment of not 
 more than three months, or fine not to exceed 100 thalers. 
 
 8th. Perjury. 
 
 Perjury, {Meineid,) is committed by liim who knowingly swears 
 falsely in civil or criminal suits. The punishment is more severe in 
 the latter than in the former case, as the penalty of hard labor for a 
 term of twenty years can be pronounced for perjury in a criminal suit. 
 
 An appraiser who knowingly confirms a false statement with an oath, 
 is punished as a false witness. 
 
 Testimony, on oath, is not required for the members of those rehgious 
 societies where the oath is forbidden, or for those who have aheady in 
 the same suit made oath, or when a sworn magistrate gives official, af- 
 firmation, making appeal to his oath of office ; whoever gives know- 
 
68 PENAL CODES IN EtJROPE. 
 
 ingly to a public officer a false affirmation, which is received instead of 
 an oath, .{an Eidesstatt,) is punished with imprisonment of from three 
 months to one year, and the judge can even pronounce temporary in- 
 terdiction of civil rights. Subornation of perjury is punished with con- 
 demnation to hard labor, which can extend to five years. 
 
 This chapter closes with a prescription not to be found in any other 
 code : Whoever, through negligence, (Fahrldsdgkek,) makes a false 
 oath, can be condemned to imprisonment for one year. This punish- 
 ment is not pronounced when the individual revokes, formally, his false 
 testimony before he has been denounced or prosecuted, and before any 
 injurious consequences have resulted from it. 
 
 Beseler* gives an argument on this paragraph, which must appear to 
 the reader at first in contradiction to the general principles of penal 
 law; that perjury has the most dangerous and pernicious consequences 
 for society and the interests of every citizen, and therefore " that both 
 must, so far as possible, be guarantied, not only against criminal inten- 
 tions, buf also against culpable negligence." 
 
 9th. False Informing. 
 
 Whoever addresses to the public authorities a denunciation against a 
 person on account of a punishable action is, if the denunciation is made 
 falsely, and with intent, punished with imprisonment of not less than 
 three months, and according to the discretion of the judge, with tem- 
 porary interdiction of civic rights. In this case, the sentence is copied 
 from the records, and published in a journal designated by the judge. 
 
 10th. Offences against Religion. 
 
 An offence against refigion is public blasphemy, or the calumniating 
 of a Christian church, or of another authorized religious society ; mock- 
 ery of their doctrines, institutions, or customs, or contempt of the same, 
 or misbehavior {Unfug) in church ; or, if in other places, of religious 
 assembly, injury to objects destined to the service of religion. In this 
 case, the offender can be condemned to imprisonment of at most three 
 years. 
 
 Whoever hinders or disturbs religious worship is punished with im- 
 prisonment of from one month to three years. 
 
 i^^Whoever takes from the guardianship of those entitled to it the body 
 or part of the same of a det;eased person, or disturbs graves or tombs, 
 or dishonors them, is punished with imprisonment of from one month to 
 two yeai^s ; and when this is done with a view to gain, the interdiction 
 of civic rights is pronounced in addition. 
 
 11th. Offences in regard to Civil Rights. 
 
 Whoever substitutes, or intentionally changes, a child, or in other 
 ways changes or suppresses the fact of the birth, marriage, or death of 
 
 * Beseler, " Commentar uber das Strafgesetzbnch fur die Preussischen Staaten." This is 
 the second commentary that has been referred to in connexion with this code, and a third 
 has appeared within a few days past, by Miiller, which gives in detail its history. The cele- 
 brated Professor Mittermaier has treated of this code in the " Archiv des Crirainalreohts," 
 which contains in its numbers for the year 1850 a series of articles from his pen on this 
 subject. 
 
PENAL CODES IN EUROPE. 69 
 
 a person, {Personenstand, etat civil,) is punished with hard labor not to 
 exceed ten years. 
 
 12th. Offhnces^against Good Morals. 
 
 Oflfences against good morals, are bigamy, adultery, incest, bestial- 
 ity and sodomy, rape, seduction effected through false representations, 
 professional prostitution contrary to police regulations, pimping, seduc- 
 tion of a ^rl between fourteen and sixteen years, public indecency, the 
 sale, distribution, or propagation of immoral writings, prints, pictures 
 or images. 
 
 Bigamy is punished with hard labor, which cannot exceed five years. 
 The same punishment is pronounced against the person who knowingly 
 marries one already married, and the priest or magistrate who performs 
 the ceremony of marriage for them. 
 
 Adukery is only punished when divorce ensues on account of such 
 offence, by imprisonment from four weeks to six months, which reaches 
 equally the accomplice. The plaintiff can, during the suit for divorce 
 or the criminal process, desist from the prosecution, in which case the 
 accomplice is also set free. 
 
 Incest between parent and child is punished, in the former by hard 
 labor, which cannot exceed five years, and in the latter, after the age 
 of sixteen years, with imprisonment from three months to two years. 
 Incest between parents-in-law and children-in-law, between brothers 
 and sisters, or hEilf-brothers and sisters, is punished with imprisonment 
 from three months to two years ; and, when there are aggravating cir- 
 cumstances, with temporary interdiction of the exercise of civil rights. 
 Step-children are exempt from punishment when under sixteen years. 
 
 Tutors, ministers of religion, and teachers who are guilty of indecent 
 actions towards those minors who are entrusted to their charge ; magis- 
 trates who are guilty of the same conduct towards persons against 
 whom they are directing prosecutions, or who are committed to their 
 surveillance, and oflBcers, physicians, or surgeons who are employed 
 in prisons or public hospitals, guilty of the same offence towards those 
 under their charge, are punished with hard labor, not to exceed five 
 years. 
 
 Bestiality and sodomy, {vddernaturliche Vnzucht,) are punished with 
 imprisonment from six months to four years, and with temporary inter- 
 diction of civic rights. 
 
 Rape, {Nothzucht,) is a forcible satisfaction of lust on another with- 
 out will or intelligence, or on a child under fourteen yeai-s. If death 
 follows, the punishment is hard labor for life ; otherwise, for a term not 
 exceeding twenty years. 
 
 The seduction of a female by false representations is punished with 
 hard labor for five years. 
 
 A common prostitute, if unlicensed, is punished with imprisonment 
 which cannot exceed six weeks, and, if a foreigner, can be expelled 
 from the kingdom. The judge can order that the person so sentenced 
 be put in a house of correction, {Arbeitskam,) where she remains so 
 long as the local police judge necessary, for a term not exceeding one 
 year. 
 
70 PENAL CODES IN EUaOPE. 
 
 Pimping, {Kuppelei,) or the habitual or professional pandering, 
 whether for gain or not, by mediation, or providing opportunities, ia 
 punished with imprisonment for not less than six months, and the being 
 placed under the surveillance of the pplice. In aggravated circum- 
 stances, the imprisonment is changed to hard labor, which can be ex- 
 tended to five years. 
 
 The seduction of a child of from fourteen to sixteen years, is pun- 
 ished, on the complaint of the parents or tutor of this child, with impris- 
 onment of fi'om three months to one year. 
 
 Public indecency is punished with imprisonment firom three months 
 to three years, and, if the judge thinks fit, with temporary interdiction 
 of civic rights. 
 
 The sale, distribution, or propagation of indecent writings, prints, or 
 representations, is punished by a fine of fi'om ten to one hundred thalers, 
 or with imprisonment from fourteen days to six months, and the con- 
 fiscation of the corpus delicti. 
 
 13th. Slander and Libel. 
 
 Whoever publicly or by writing insults another, is punished by fine, 
 which can amount to three hundred thalers, or .to imprisonment, not to 
 exceed six months. When a person insulted repHes immediately with 
 insults, the judge is empowered to pronounce a milder punishment 
 algainst one or both, or he can acquit them. 
 
 Criticisms, blaming scientific or artistic works, warning superiors 
 against their subordinates, and denunciations of official acts, or sen- 
 tences of a magistrate, and analogous cases, are pum'shable when it 
 appears from the form or circumstances that there was an intention to 
 do injury {animus injuriandi.) 
 
 Physicians, and all persons who betray secrets which were confided 
 to them on account of their position, are punished by a. fine which can 
 amount to 500 thalers, or imprisonment of at most three months. 
 
 Calumny is the asserting or spreading false information concerning 
 another, which may expose the same to the hate or contempt of the 
 public. If the calumny is public, the punishment is imprisonment firom 
 one week to one year. When, however, the defendant proves the truth 
 of his assertions, which he has the right to do, by all the means that are 
 admitted for criminal cases, he is not punished, except when it appears 
 from the form or circumstances that he had the intention to do injury. 
 The punishment for libel and calumny is only pronounced on the de- 
 mand of the injured party, who can renounce his accusation at any mo- 
 ment. This complaint can be instituted' by husbands in the name of 
 their Avives, and by fathers in the name of their children. In aU these 
 cases, the sentence of condemnation is published at the cost of the per- 
 son condemned. 
 
 14th. Duelling. 
 
 The principals in a duel, and the person who carries the challenge, 
 are punished. The seconds, witnesses, physicians, and surgeons are 
 not punishable, and are not bound to denounce the duel to the authori- 
 
PENAL CODES IN EUROPE. 71 
 
 ties.* The punishment for duelling is confinement from two months to 
 twenty years, according to the consequences of Ihe same, and the cir- 
 cumstances of the case. The bearers of the challenge are acquitted 
 when they have earnestly endeavored to prevent the duel. 
 
 15th. Crimes and Misdemeanors against Life. 
 
 An action by which the life of a person is taken is a murder, (Mord,) 
 when performed with intent to kill, and with premeditation;, wlien 
 without premeditation, but with intent, it is manslaughter, ( Todtschlag.) 
 Murder is punished by death, manslaughter by hard labor for Ufe. The 
 last is punished with death when committed on a parent or grand pa- 
 rent, or when committed in order to overcome resistance to the com- 
 mission of a crime or, misdemeanor already commenced, or to escape 
 from being taken in the act of committing a crime pr misdemeanor. 
 The punishment is changed to imprisonment of not less than two years, 
 if the crime is committed under the influence of excitement caused by 
 grave insult to the person or to his relations. 
 
 A mother who kills her illegitimate child during or immediately after 
 birth, {j^ndesnwrderin) is punished with hard labor from five to twenty 
 years. All others who participate in this crime ai-e punished according 
 to the general rules concerning murder or manslaughter. 
 
 A mother who intentionally procures abortion (Abtrdhung der Leihes- 
 frucht) is punished by hard labor of not more than five years, and the 
 accompHces receive equal punishment. 
 
 The exposure of a child imder seven years, or an infirm person, or 
 the abandoning of such persons by those who are entrusted with them, 
 is punished with imprisonment of not less than three months, and hard 
 labor of not more than ten years, in case death ensues from it. 
 
 Neghgence, which has for result the death of another, is puni^ed 
 with imprisonment fi"om two months to two years. When the author 
 of such negligence is bound by his trade or profession to particular care 
 and prudence, he may, besides the above punishment, be deprived of 
 the exercise of such trade or profe^ion. 
 
 The interring or removing of a dead body, without notice to the au- 
 thorities, is punished by a fine of at least 200 thalers, or imprisonment 
 of at most six months. The mother who inters or removes her illegiti- 
 mate i(iew-born child, without giving notice to the authorities, is pun- 
 ished with imprisonment which can reach two years. 
 
 16th. Corporeal Injuries. 
 
 The code distinguishes between light and severe injuries inflicted on 
 another, {K&rperverletzungen.) The first are punished by imprisonment 
 of at most two years, and when with premeditation, the imprisonment 
 may be increased. to three years. By a severe injury, is meant when 
 
 * A duel without seconds is punished much more severely than one when they are present. 
 The French law has no particular prescriptions concerning duels. Some courts have pro- 
 nounced punishment in such cases, for murder, others for homicide, and others have pro- 
 nounced no punishment. The majority of decisions in France show that killing in a duel is 
 regarded as manslaughter. 
 
72 PENAL CODES IN EUROPE. 
 
 the ill treatment causes sickness or incapacity to work for more than 
 twenty days, or mutilation, or privation of speech, sight, hearing, gene- 
 rative power, or intelligence. In such cases, hard labor of at most fif- 
 teen years can be pronounced against the author, or when the death of 
 the injured person follows, the punishment can be increased to twenty 
 years. 
 
 Corporeal injuries, inflicted through negligence, are punished by fine 
 of from 10 to 100 thalers, or imprisonment of at most one year, on the 
 complaint of the injured person ; or, in case of a grave injury, on the 
 demand of the public prosecutor. 
 
 Whoever undertakes the care of an internal or external malady, or 
 to perform the functions of a midwife, without being legally authorized 
 to do so, for money, or contrary to a prohibition of the police, is pun- 
 ished with a fine of from five to fifty thalers, or imprisonment for at most 
 six months. This punishment is not apphed, when, in a case of urgent ne- 
 cessity, the assistance of a duly licensed physician is impossible. These 
 last who, in case of imminent danger, refuse their assistance without 
 suflScient ground, are punished by a fine of from 20 to 500 thalers. 
 The midwife who omits to call in a physician, in case of a dangerous 
 delivery, is punished by a fine of not more than 50 thalers, or imprison- 
 ment of not more than three months. 
 
 Architects who, in the erection of a building, endanger the lives of 
 persons entering or passing, by negUgence or ignorance of the rules of 
 their profession, are punished with imprisonment from six weeks to six 
 months, or a fine of from 50 to 300 thalers. In case of repetition, they 
 may be deprived of the right of exercising their profession. 
 
 17th. Offences ugainst Personal Freedom. 
 
 A crime or misdemeanor against personal freedom, is man-stealing, 
 or the artful or forcible abduction of a person in order to put such per- 
 son in a helpless condition, or to carry the same into slavery or bond- 
 age, or into foreign service on land or sea, {Menschenraub.) The pun- 
 ishment for this is hard labor from five to twenty years. 
 
 The artful or forcible abduction of a person under sixteen years, for 
 gain or lust, is punished by hard labor from two to fifteen years ; when 
 without such intention, on a minor, with imprisonment of not less than 
 one year. When of a woman, for cohabitation or marriage, hard labor 
 from two to ten years ; in case of consent of the female, unmarried and 
 a minor, but without the consent of her parents or tutor, with imprison- 
 ment from three months to two years. 
 
 The sequestration of a person, or the deprivation of personal free- 
 dom, is punished with imprisonment from three months to five years ; 
 it is changed to hard labor from two to fifteen years when the action 
 has for result grave personal injuries, when the loss of liberty has been 
 for more than a month, or when against a parent or grand parent. The 
 provisional detention of a person, in case of the commission of a ci ime, 
 or of grounded suspicion of the same, immediately after the commis- 
 sion, (m flagrante delicto,) is not regarded as sequestration, as also the 
 confinement of a person on account of insanity. 
 
 The compelling, or seeking to compel, to the commission of a crime 
 
PENAL CODES IN ETJROP^. 73 
 
 or misdemeanor, by threats, in words or writing, is punished by impris- 
 onment for not more than one year. 
 
 18th. Theft and Embezzlement. 
 
 Theft is the taking the personal property of another, with the inten- 
 tion of appropriating the same unjustly. The punishment is imprison- 
 ment of not less than one month, and temporary interdiction of the 
 exercise of civil rights. 
 
 In case of extenuating circumstances, the imprisonment can be re- 
 duced to one week; and, in case of aggravating circumstances, the 
 condemned can be placed under the surveillance of the police. 
 
 A more severe punishment is pronounced, (not less than three months' 
 imprisonment,) in the following cases : 
 
 When agricultural instruments and animals employed in agriculture, 
 or gathered crops, are stolen from fields, meadows or gardens ; when 
 wood, prepared for burning or for building purposes, is stolen from the 
 forest, or from the place of deposit; when a person whp serves for 
 wages, or for board, steals in the house, or a workman steals in the 
 shop of the master ; lastly, when a tavern keeper, or servant of the 
 same, steals the effects of a lodger, or when the lodger- steals' while in 
 the house. 
 
 The highest punishment, hard labor, not to exceed ten years, and 
 surveillance of the police, is pronounced in the following cases : 
 
 When the objects destined to the service of religion are stolen ; when 
 theft is committed, either by night, or by two or more persons in an in- 
 habited house ; when theft is committed in a building of enclosed place, 
 by means of breaking in, or climbing over, or when false keys are em- 
 ployed to enter ; when travelling effects, or objects which are destined 
 to be transported, are stolen on a public street, or in a building of the 
 post or railroad, by cutting away or loosening the objects serving to 
 secure the same, or by the use of false keys ; when objects are stolen 
 from a weak-minded person, or child under twelve years ; when the 
 thief, or one of the accomplices is armed ; when two or more persons 
 co-operate as instigators or participators, who have associated for the 
 continued exercise of robbery or theft ; lastly, when objects exposed to 
 loss at a fire or inundation are stolen. 
 
 Whoever has already been condemned twice or oftener on account 
 of theft or robbery, is, in case of conviction for simple theft, condemned 
 to hard labor of at most fifteen years, and in case of an aggravated 
 theft, it can reach twenty years. This augmentation of punishment is 
 not applicable when ten years have elapsed since the time when the 
 punishment of the crime or misdemeanor last committed is expiated or 
 remitted. 
 
 Embezzlement {Unterscklagung) is the alienation, pawning, consump- 
 tion, or removal of the personal property of another by those to whom 
 the same is entrusted with the obligation of restitution, or by those who 
 have found or accidentally become in possession of the same. Em- 
 bezzleCaent to the prejudice of children or spouse is not punished. A 
 theft or embezzlement from parent or grand parent, step parents or 
 step children, brother and sister, adoptive parents, tutors, or guardians, 
 sure only prosecuted on the complaint of the injured party. 
 
74 HENAL CODES IN EUROPE. 
 
 19th. Robbery and ExtorCion. 
 
 A robbery is a theft accompanied by force, or violence exercised by 
 a thief seized immediately after the act, in order to save the stolen ob- 
 jects. It is punished in ordinary cases by hard labor from five to fifteen 
 years, and surveillance of the police ; if there are aggravating circum- 
 stances, the punishment is from ten to twenty years, or for life. Those 
 which subject the author to the first punishment, are the bearing arms, 
 the co-operation of several persons, as originators or assistants, and the 
 committing the crime on a public place or road. 
 
 . The severest punishrnent is incurred when the robber has been 
 already sentenced by a Prussian court on account of this crime ; when 
 a person is tortured or mutilated, or deprived of an organ, or deprived 
 by ill treatment of abiUty to labor for a longer term than twenty days. 
 
 Erpressung is the compelling, or the attempt to compel, to an action 
 or omission, by threat, of a crime or misdemeanor, with the intention 
 to derive therefirom advantage for self or another. The punishment is 
 imprisonment for not more than three months, and temporary interdic- 
 tion of civic rights ; surveillance of the police can also be added. The 
 imprisonment is changed to hard labor from two to five years, when 
 the threatened crime is murder, arson, or causing inundation, This 
 ofience is regarded as robbery when the menace is accompanied with 
 danger to life or linib, or with violence. 
 
 20th. Receimng Stolen Goods, 
 
 HeMerei is the purchase, taMng in pawn, or secreting of objects known 
 to be stolen, embezzled, or procured by means of another crime or mis- 
 demeanor, or the favoring, for gain, of persons who have committed 
 such offences, The penalty is imprisonment of not more than one 
 month; if there are. extenuating circumstances, it can be reduced to one 
 week, and temporary interdiction of the exercise of civil rights. The 
 judge can also condemn to the surveillance of the police. The receiv- 
 ing of goods obtained by robbery, or the protection afforded to robbers, 
 is punished by hard labor from two to ten years, and the being placed 
 under the surveillance of the police. 
 
 Professional receiving is punished by hard labor from two to fifteen 
 years, which penalty is also pronounqjed against those who have been 
 condemned, once or oftener, lor the same crime by a Prusian court. 
 
 21st. Fraud. 
 
 Betrug is the injury to the property of another, with intent to gain, 
 by leading into error in making false allegations, or disguising, or con- 
 cealing the truth. The punishment fOr this crime, and for the attempt, 
 is a fine from 50 to 1,000 thalers, imprisonment from one month to five 
 years, and temporary interdiction of the exercise of civic rights. When 
 there are extenuating circumstances, the penalty can be reduced to one 
 week's imprisonment, or to a fine of five thalers ; if there are aggrava- 
 ting circumstances, provided for by the laws, the minimum of imprison- 
 ment is three months. The severest aggravation which can be punished 
 by hard labor from two to ten years, and by fine of fi'om 100 to 2,000 
 
PENAL CODES IN EUROPE. 76 
 
 thalers, is the setting fire to instii-ed property,* or the wrecking a ship 
 to gain the insurance on it or its cargo. 
 
 22d. Breach of Faith. 
 
 Unfaithfulness (UnCreue) is punishable, where tutors, guardians, or 
 administrators of charitable institutions cause injury, intentionally, to 
 the persons confided to them. When brokers, and all those persons 
 who have a particular licence firom the authorities to carry on their 
 business, knowiiigly do injury to those whose affairs they have charge 
 of in the business confided to them. The punishment is imprisonment 
 of not less than three months, and temporary interdiction of the exer- 
 cise of civil rights ; in case of its being done for gain, a fine of firom 50 
 to ] ,000 thalers is added. 
 
 23d. Counterfeiting Documents. 
 
 Whoever falsifies a document, {tlrJcunde,) or counterfeits one, and 
 makes use of the same to deceive, is punished by hard labor of at most 
 five years, and a fine from 50 to 1,000 thalers. 
 
 The same punishment is awarded against him who, contrary to the 
 wDl of the signer, makes a declaration or obligation over a signature 
 with intent to cause him prejudice, {Blankett,) and against him who 
 knowingly makes use of a false or counterfeited document. If there are 
 aggravating circumstances, such as the falsification of public papers, 
 acts or registers, wills, and bills of exchange, the penalty is hard labor 
 fi-om two to ten years, and fine firom 100 to 2,000 thalers. 
 
 The falsifying or counterfeiting of stamped paper, or postage stamps, 
 is punished by imprisonment from three months to five years. 
 
 The falsifying or counterfeiting a passport is punished by imprison- 
 ment from one week to three months, and, of an official certificate, by 
 imprisonment firom two weeks to six months. 
 
 24th. Bankruptcy. 
 
 Fraudulent bankruptcy is regarded by the laws as the suspension of 
 payment by merchants and tradesmen, ship-owners, and manufacturers, 
 when they have secreted or set aside the whole or a part of their for- 
 tune; when they have declared debts and engagements which do not 
 exist ; when they have failed to keep their commercial books, with the 
 intention of doing injury to their creditors; or when, for the same pur- 
 pose, they have secreted or destroyed their books. The punishment is 
 hard labor from two to fifteen years ; when there are extenuating cir- 
 cunistances, it is reduced to imprisonment for not less than three 
 months. 
 
 Simple bankruptcy is punished with imprisonment not to exceed two 
 years. It consists in extreme negligence in conducting business, and in 
 the manner of living; without, as in fraudulent bankruptcy, the inten- 
 tion to deceive. 
 
 * The Prussian code difFers from other codes in the appreciation of this oifenoe, which by 
 them is declared a separate critne— arson— which will be treated of hereafter. 
 
76 PENAIi CODES IN EUROPE. 
 
 25th. Punishable selfishness. 
 
 Punishable selfishnes, (strajharer Eigennutz,) includes a long list of 
 offences, of which the principal are: usury, (Wucher;) professional 
 pawnbrokery; professional gambUng; the keeping gambling houses; 
 the undertaking a lottery without permission of the authorities ; fishing 
 in the waters of another; hunting or shooting on the grounds or district 
 of another; lastly, the opening of sealed letters, or documents, without 
 having the right to do so. 
 
 In aU these various cases, the penalties are imprisonment or fine. 
 
 26th. Damage to another's property. 
 
 Whoever intentionally and unjustly injures or deranges the property 
 of another, is punished with imprisonment, not to exceed two years ; 
 and if there are extenuating cu-cumstances, by a fine not to exceed 50 
 thalers. When there are aggravating circumstances, on account of the 
 nature of the damaged objects, the minimum of the imprisonment is 
 fourteen days, and in some cases, a maximum of two months. When 
 several persons are associated for this purpose, they are punished by 
 hard labor from two to fifteen years. 
 
 27th. Crimes and misdemeanors of a generally dangerous character. 
 
 Crimes and misdemeanors of a generally dangerous character, are : 
 arson; the destruction of buildings by the use of powder, or other 
 explosive substances; the causing an inundation ; injuries to railroads, 
 telegraphs, or other means of communication ; the poisoning of springs, 
 &c., &c. 
 
 In all these cases, if loss of life is a consequence, the punishment of 
 death is pronounced ; when not, the penalty is hard labor for life, or for 
 a term of years ; when without criminal intention, the punishment is 
 imprisonment. 
 
 To this kind of offence belongs the non-fulfiUing, in time of war, of 
 an engagement to deliver subsistence for the army, or of provisions for 
 relieving distress, in times of scarcity. 
 
 The punishment is imprisonment for not less than six months ; and, 
 in cases of simple negligence only, not to exceed two years. 
 
 28th. Crimes and misdemeanors by a public officer. 
 
 AmlsBcrhrechen is the act of a public oflHcer, who receives a bribe or 
 other advantage, or who stipulates to violate the duties of his office, or 
 to perform an act which he is duly bound to perform gratuitously. In 
 the first case, the punishment is hard labor from two to ten years ; and 
 if there are extenuating circumstances, it is imprisonment for not less 
 than six months, and temporary interdiction of civil rights. In the 
 latter case, it is imprisonment of not more than six months,' or fine. 
 The officer can be temporarily suspended from his office. 
 
 Besides the case of bribery, there are other high grades of abuse of 
 authority ; the intentional injustice of a judge ; the employing of coer- 
 sive measures against an accused in penal procedure, in order to pro- 
 
PENAL CODES IN EUROPE. 77 
 
 yoke a confession or decleiration ; the execution of a punishment which 
 is contrary to the laws ; the misuse, or falsification of public documents, 
 by those who give authenticity to the same. In all other cases, impris- 
 onment alone is pronounced. 
 
 PART III. 
 
 CONTRAVENTIONS, (UEBERTRETUNGEN.) 
 
 This last part of the Prussian code is divided into four chapters. 
 The first treats of the punishment of contraventions in general. The 
 second treats of contravention in respect to the security of the State, 
 and public order. The third, of contraventions in respect to personal 
 security, honor, and freedom ; and lastly, the fourth chapter treats of 
 offences of this denomination against property. 
 
 Contraventions in general. 
 
 I. Only such actions are to be punished as contraventions which are 
 so declared by the laws, or the regulations of the authorities. The 
 legal punishments are : 
 
 The police inprisonment, {poUzeiliche Gejangniss- Strafe,) which con 
 sists in simple deprivation of liberty of not less than one day or more 
 than six weeks. 
 
 Fine, {Geldbusse,) from ten silbergroschen* to fifty thalers, and the 
 confiscation of certain objects. In case of insolvency, the fine is changed 
 to imprisonment ; one day counting for from len silver groschen to two 
 thalers. 
 
 The attempt {Versuch) at a contravention is not punishable. 
 
 The limitation of this offence is in three months, with the exception 
 of the case of insult, which extends to six months. 
 
 II. Contraventions in respect to the security of the State, and of 
 public order, are punished by fine or imprisonment. To this class 
 belongs a long list of offences, which consist in actions without criminal 
 intention, which threaten the well-being of tjie State; such as the 
 secretly collecting of arms or munitions, the founding of certain asso- 
 ciations without the assent of the authorities ; the refusal of assistance 
 in case of public danger or necessity ; the disturbance of Sunday and 
 religious or public holidays ; the making indecent noises in the stieets ; 
 the pubUc ill treatment of animals ; lastly the carrying on of games of 
 chance on the public places. 
 
 The same punishment is pronounced for beggary, and against the 
 person who compels children to beg ; whoever remains in a tavern or 
 place of pubhc amusement longer than is allowed by the laws, after 
 being directed to leave by the proprietor or police officer, is punished 
 by a fine not exceeding five thalers. The landlord is punished with a 
 
 * Twenty-three cents. — ^Thirty ailbergroschen make one thaler. 
 
78 PENAL CODES IN EUROPE. 
 
 fine, not to exced twenty thalers, or imprisonmentj not to exceed four- 
 teen days, when he does not seek to hinder his guests from keeping 
 late hours. 
 
 ni. Insult is punished, on the complaint of the person insulted, with 
 a fine, not exceeding fifty thalers, or imprisonment, not exceeding six 
 weeks ; in the cases of disturbing security, convenience, cleanUness, 
 and quiet in the public streets or squares ; in cases where the danger 
 to public security is great, as in the case of the preparing or sale of 
 poisons or medicaments; the manufacture and having in possession 
 inflammable or explosive substances, the opening of cellars, pits, or 
 cisterns on the public streets without taking the proper precautionary 
 measures ; the non-observance of the public regulations respecting the 
 reparation or destruction of dilapidated buildings. 
 
 The same punishment is pronounced against the person who enters 
 the dwelling of another without right, and refuses to depart when sum- 
 moned to do so ; him who sets dogs on persons, who throws stones or 
 other hard or foul objects at others. 
 
 IV. Whoever, by an action without criminal intention, injures or 
 threatens to injure the property of another is punished with a fine, not 
 exceeding ^wenty thalers, or imprisonment, not exceeding fourteen 
 days ; in particularly aggravating circumstances the maximum of fifty 
 thalers or imprisonment six weeks can be pronounced. 
 
 SECOND PART. 
 
 HISTORICAL DEVELOPMENT OF PENAL LAW IN GERMANY. 
 
 Before the enactment, in 1532, of the celebrated statutes of Charles 
 V, called the Cardina Criminalis, the greatest confusion and contradic- 
 tion in the administration of penal justice existed in Germany. 
 
 There were three different systems of penal law: the Germanic law, 
 as given in the Leges Barbarorum, the SachsenrSpdgel, and other more 
 local provisions ; the Roman law, as contained in the Libri TernMKs 
 of the Digests and the 18th titulum of the Institutes ; and finally, the 
 5th book of the Decretalia of Gregory IX, and the 5th book of the so 
 called Liber Sexttis of the Corpus Juris Canonici, comprising the canoni- 
 cal law. 
 
 The courts of justice experienced these defects not only in the mate- 
 rial principles of the law, but especially in the mode of crimind pro- 
 cedure, concerning which arose among jurists in later times the greatest 
 controversies. 
 
 At about the close of the fifteenth century, numerous petitions having 
 been sent to the Diet asldng for the alteration of ihis state of things, 
 and particularly for the codification of the penal law and procedure, 
 that body resolved in 1498 upon an entire reformation of those laws, 
 and a complete codification of all the statutes that should be retained 
 from former legislation. 
 
PENAL CODES IN EX7BOPE. 79 
 
 This decision was first realized in 1532 by the adoplion of the Caro- 
 lina Criminalis at a session of the Diet in Ratisbon. 
 
 Before this law penal regulations were issued for provisional use in 
 dififerent parts of the Germanic empire where the necessity of penal 
 legislation was most urgent. For example, in the county of Tyrol, in 
 1499, penal regulations were decreed by Maximilian I, which were 
 drawn up by the celebrated Frank knight, John of Schwartzenburg. 
 
 These were for the most part introduced into the Carolina Criminalis.' 
 They were not so much devoted to criminal law as to criminal proce- 
 dure, for, as has been seen, it had the greatest need of reform. 
 
 The Carolina Criminalis is called in its preface "a simple instruction 
 for unlearned judges, to teach them how to proceed in criminal cases." 
 
 So far as regards penal law, it often refers to Roman and Germanic 
 law, but gives, nevertheless, clearer and more precise definitions of 
 offences, and, in respect to grave crimes, determines their punishment. 
 
 These punishments are, for the most part, very severe. Capital pun- 
 ishment, which was inflicted in the most firightftil manner, is decreed 
 for slight misdemeanors, and even the proceedings of the inquisition 
 and torture are preserved. 
 
 Cruel as these regulations may seem to us now, it must, neverthe- 
 less, be remembered that the code of which they were a part had to 
 struggle against the anarchy and demoralization of that early period ; 
 and that its various provisions, considering the tendencies and necessi- 
 ties of the age, cannot be regarded as too severe. 
 
 The Carolina Criminalis continued as law during the following cen- 
 turies, and no German legislation has yet abolished this work of 
 Charles V. 
 
 Important modifications, however, were introduced by the judges, 
 who gave a wide and liberal interpretation to the law, and did not 
 abide by such parts of its text as were in contradiction to the opinions 
 and customs of tfie age. 
 
 The published works of certain philosophers of the eighteenth cen- 
 tury exercised the greatest influence upon the public opinion of the 
 time, which in its turn influenced the judges, leading to very arbitrary 
 practices in the courts of justice. The text of the Carolina was thus 
 replaced, and urgent appeals were made for new criminal laws, more 
 in conformity with the sentiments of humanity and the wants of the age. 
 The two first philosophers who opposed the penal jurisprudence of 
 this period, on the principles of reason and humanity, were Italians. 
 One of them, Beccaria, in his celebrated work on misdemeanors and 
 punishments, {Dd delitte e delle pene ; Napoli, 1769.) The other was 
 Filangieri. 
 
 The first special criminal law in Germany was promulgated in the 
 year 1751, in Bavaria, under the name of Codex Juris criminalis Bavariae. 
 In 1768 a penal code was pubhshed in Austria, by the Empress Maria 
 Theresa, called Constitidia criminalis Theresiana. In 1794 a book of 
 penal laws appeared in Prussia, which formed part of tlie general code 
 of that kingdom, {Landrecht.) 
 
 In the present century we find a long list of penal codes in Germany, 
 codification of the criminal law having been carried so far that even 
 the smallest States have penal codes. 
 
80 PENAL CODES IN EUROPE. 
 
 In this manner the Carolina Criminalis, which have never been re- 
 pealed by any act of the Diet, have been virtually abohshed by new 
 special laws. Indeed, its influence had been comparatively paralyzed 
 before, as has been remarked, by judicial doctrines and practice. 
 
 Before making a short review of the German penal codes of the 
 nineteenth century, an observation occurs which is important to the 
 general question of codification. 
 
 The small German States, which within the last few years have 
 formed new penal codes, have, for the most part, no particular civil 
 code, the necessity for it never having been so pressing as in the case 
 of criminal law. 
 
 The ground for the particular urgency of a penal code lays evidently 
 in this : that the penal laws require the greatest precision and exact- 
 ness ; that every citizen should know the nature and consequences of a 
 punishable action ; and that for these reasons the positive penal enact- 
 ments should be contained in a simple code accessible to every one. 
 
 The doctrines of Feuerbach, the most celebrated German criminalist, 
 have exercised a great influence on the penal legislation of Germany 
 during the present century. 
 
 His theory was first put in practice in the Bavarian penal code of 
 1813, which was prepared by him, and was afterwards adopted in 
 many of the German States. The most interesting reforms accom- 
 pUshed by his theory related to the determining and graduation of pun- 
 ishments. He laid down the principle that the punishment should be 
 great in proportion as the temptation to commit the punishable action 
 was great; in other words, the punishment must inflict a greater iU' 
 than the criminal would have experiended by not having given way to 
 the temptation, {physchologische Zwangstheorie.) 
 
 The apparently abstract theory ha!d very practical effects on penal 
 legislation ; as, for example, the thief who had a powerful and pre- 
 ponderating temptation to steal, was more severely punished than a 
 parricide, who committed this crime without having the inducements or 
 temptations which influenced the thief. 
 
 Tnis, theory of punishments, which led in many instances to too se- 
 vere a punishment, and in others to a punishment altogether too mild, 
 cannot be considered wise or generally practicable ; for the legislator 
 cannot in all cases decide upon this question of motive and inducement. 
 
 Another pernicious consequence of it is, that the legislator encroaches 
 on the functions of the judge, as the latter is under the obligation to pro- 
 nounce a certain fixed penalty, without having given due consideration 
 to the individual case and circumstances. 
 
 The chief service which Feuerbach has rendered to criminal law 
 does not consist in his theory of punishments, but in his theory of 
 crimes. He has arranged in distinct classes all kinds of criminal ac- 
 tions ; distinguished individual categories from each other by fixed defi- 
 nitions ; marked strict boundaries to the sphere of every crime ; and in- 
 troduced a language into criminal law which is simple and without 
 ambiguity. 
 
 The laws which are merely based on Feuerbach' s theory are better 
 in this respect than the Bavarian penal code, which was composed by 
 Feuerbach himself; for they have less the style of a compendium, and 
 
PENAL CODES IN EUROPE. 81 
 
 more the language of a law than the more abstract work of a German 
 professor. 
 
 This generalization of Feuerbach's conception of penal law gave a 
 great advantage over the Prussian legislation on this* subject ; which 
 although not giving general definitions contained an infinity of detail, 
 which on account of the great multiplicity of crimes could never be 
 completed. 
 
 In the new Prussian penal code which appeared in July, 185] , the 
 authors have sought to remedy the defects above-named. This code, 
 as may have been seen by the analysis which I have given of it, is 
 very remarkable in many respects, and deserves the particular atten- 
 tion of jurists and legislators. In addition of Feuerbach's theory for 
 the definitions of crime, the influence of the French penal code is very 
 evident. 
 
 Present condition of penal law in the individual States of Germany. 
 
 Among the numerous penal codes in the German States, particular 
 mention may be made of the code of Saxony of the year 1838 ; of 
 Wurtemburg, of 1839; of Hanover, of 1840; of the Duchy of Bruns- 
 wick, of the same year ; of the Grand Duchy of Hesse, of 1842 ; and 
 of the Grand Duchy of Baden, of 1845. 
 
 These various codes resemble each other in many respects, espe- 
 cially in regard to their definitions of crime, which are based upon the 
 principles of Feuerbach ; but, in respect to punishments, they follow 
 independent theories, and leave much to the discretion oi' the judge. 
 
 It is important to observe that these codes give only the essential 
 ■principles of the law, and say nothing of penal procedure. It is in 
 this that German legislation is least efficient ; so that the old system of 
 procedure remains side by side with the new system of law. 
 
 The German governments regarded reform in legal proceedings as a 
 political question; and the petitions on this subject from the inhabitants 
 of those States which had no constitutional law were disregarded. 
 
 In 1846, however, a system of criminal procedure was promulgated 
 in Prussia, which established new principles on many points, though it 
 was far from recognizing the system of the French code. 
 
 According to this new law, which is the most liberal of the kind in 
 Germany, the trial is not public ; officers of justice and persons of gen- 
 tlemanly appearance {anstdndige Manner) onlj' being admitted. 
 
 There is no jury; nevertheless, the judges are invested with the 
 powers of a jury as constituted in France; being bound by no law of 
 evidence, but deciding only according to moral conviction {conviction 
 iyUime.) 
 
 The most important reformation which this new law introduced into 
 penal procedure in Prussia, Avas the substitution of oral proceedings, 
 for the long tedious process of proceedings by writings [schriftliches Ver- 
 fahren.) This important reform was preceded by a similar one in Ba- 
 den, in 1845. 
 
 In the year 1848, when so many of the German princes adopted 
 political constitutions, they promised the people also a new system of 
 criminal procedure, based upon the French. 
 6 
 
82 PENAL CODES IN EUROPE. 
 
 At that time, as for many centuries previous, trials were secret. 
 There was no jury either for civil or criminal cases ; but all matters of 
 fact and law were decided in secret sitting by judges appointed by the 
 State. 
 
 The proceedings before these judges were so long, that sometimes 
 the accused had to wait years before learning his fate ; which was then 
 announced to him, not in court, but in his cell in prison. 
 
 Among other reforms demanded in 1848, was the institution of pub- 
 lic prosecutors, having the same functions as the magistrates appointed 
 under the French code' for prosecuting crimes and misdemeanors. 
 
 This procureur, as has been shown in treating of the French codes, 
 has the exclusive fight to propose to the court the condemnation of a 
 criminal, although he has no part in the decisions of the court. 
 
 In Germany, the examining magistrate and prosecutor of the accused 
 was the same judge who finally pronounced the sentence ; and how- 
 ever just he might be as a judge, he must sometimus fee] in his breast 
 the sentiments of a prosecutor. 
 
 A reform in this respect is already realized in part, and will proba- 
 bly be carried out in other States ; although, for the most part, the po- 
 litical concessions of 1848 have been withdrawn, and the former con- 
 dition of things has been restored. 
 
 In Austria, where most of the new reforms have been abolished, a 
 new ordinance was promulgated a few days after the coup cCetat of the 
 2d December, in France, by which the emperor not only re-established 
 all the former political institutions, as they existed before 1848, but 
 abolished nearly all the reforms in penal procedure. The trials are 
 once more secret, only a few persons being admitted by special per- 
 mission of the court. The jury is suppressed in all cases, and a public • 
 prosecutor instituted only for the higher courts. 
 
 In Prussia, and some other of the German States, (Hesse-Darmstadt 
 and Frankfort) there have been debates in the legislative chambers 
 very recently on the subject of the competency of the jury, in trials for 
 political offences and crimes. 
 
 In the Prussian chambers, in the sitting of the 11th February, 1852, 
 the competency of the jury for the trial of political offences and those 
 of the press was annulled. 
 
 The question was debated on the same day in the legislative assem- 
 bly of Hesse-Darmstadt, but was not carried, twenty-three members 
 voting against, and twenty-three for. In the same body, on the follow^ 
 ing day, the question of the influence of the government in the compo- 
 sition of the jury was discussed. The right of preparing the jury-list' 
 was given to the government alone ; and the body which was entrusted 
 with this duty in 1848 {Besirhrath) was declared to be hereafter in- 
 competent to do the same. 
 
 These changes must exercise a great influence on penal legislation, 
 as the difference between a judge deciding, law in hand, and a jury, 
 ignorant of law, deciding on certain fixed questions proposed to them, 
 is very great.' 
 
 There are numerous commissions which have been appointed in the 
 different States of Germany, whose business it is to devise means to 
 regulate this part of their le^slation, and to attempt to harmonize the 
 
PENAL CODES IN EUEOPE. 83 
 
 •doctrinal and scientific principles of a sj^stematic code, with the re- 
 <|uirements of daily practice. There are other commissions appointed 
 for the purpose of codification, whose work it is to incorporate into a 
 scientific system the rich materials of practical experience, and the 
 unclassified, unconnected provisions of the law.* 
 
 THE PENAL CODE OF BAVARIA. 
 
 To complete the idea of the condition of penal legislation in Germany, 
 ■both as regards penal law and penal procedure, I shall give an analy- 
 sis of the Bavarian code, which, although far anterior to the Prussian 
 code already given, will serve to show the principal characteristics of 
 the systems of criminal law in force, till quite lately, in Germany, and 
 which are still in vigor in many portions of that country. This code 
 was revised in 1830, but I have preferred giving it as it came from the 
 hands of Feuerbach.t 
 
 The penal code (Strafgesetzbuch) of Bavaria, which was promulgated 
 in 1813, is divided into two parts ; the first treats of crimes and mis- 
 demeanors, the second, of criminal procedure. 
 
 The theory of Feuerbach is more fully given in this code than in any 
 other. Analysis of the second part will be interesting, as showing the 
 type and theory of the German criminal procedure. 
 
 The first part, relating to penal law, is divided into three b oka : 
 
 I. — ^The first book is divided into five chapters, and gives t e general 
 provisions concerning crimes and misdemeanors. 
 
 1. The first treats of punishable actions, and their various degrees of 
 punishment. 
 
 2. The second treats of the perpetration of crimes, criminal inten- 
 tion, and the authorship of crimes. 
 
 3. The third treats of criminal attempt, criminal participation, and 
 crimes resultirig from culpable negligence. 
 
 4. The fourth treats of the proportioning of the punishment to the 
 crime and of extenuating and aggravating circumstances. 
 
 5. The fifth treats of the grounds for remitting punishment. 
 
 II. — The second book treats of crimes and their punishments, in 
 detail. It is divided into two parts. The first treats of crimes against 
 individuals, the second of crimes against the state {privat und Offentliche, 
 or Staaisverbrechen.) 
 
 The first part is divided into six chapters : 
 
 1. The first treats of crimes against human life. 
 
 2. The second'treats of personal injuries and maltreatment. 
 
 3. The third treats of theft, embezzlement, robbery and extortion. 
 
 4. The fourth treats of damages done to property. 
 
 * The most celebrated writers on criminal law in Germany, are Mattermaier, Henke, 
 Waechter, Heffter, MarezoU, Hertzig, Tittmann, Koestlin. 
 
 t Aprojet of a new penal code for Bavaria has just been completed, (1854,) and will, pro- 
 bably, be in force before the expiration of the year. 
 
84 PENAL CODES IN EUROPE. 
 
 5. The fifth treats of fraud. 
 
 6. The sixth treats of unfaithfulness. (Untreue.) 
 
 The second part contains seven chapters, and treats of high treason, 
 offences against the king or the royal family, and other crimes against 
 the security or existence of the State. 
 
 III. — The third book treats of misdemeanors both against persons and 
 the State, and of the punishments which are provided for them. It is 
 unnecessary to enter into their details. A single example, however, 
 will serve to illustrate the theory of Feuerbach. 
 
 Theft is punished more severely on account of the greater opportuni- 
 ties and temptations to stealing ; which are furnished by the nature of 
 the object itself, or by the offender's peculiar relations to it. 
 
 Another peculiarity is, that the police courts can take cognizance of 
 and punish the frivolous and wanton incurring of debts. 
 
 To the misdemeanors against individuals belong the lighter offences 
 against the person ; and such as theft, embezzlement, personal injuries 
 under certain circumstances, and certain lower grades of unfaithful- 
 ness. 
 
 To the misdemeanors against the State belong offences compromis- 
 ing the honor of the Statp ; resistance to authorities ; offences against 
 public peace ; against pubhc credit, and against public property ; and 
 lastly, the particular misdemeanors of public officers. 
 
 The chief pecuharities of this code are contained in the first book, 
 which gives the general principle's concerning both crimes and misde- 
 meanors. 
 
 Punishable actions, as in the French Code Penal, are either crimes, 
 misdemeanors, or contraventions. 
 
 Crimes are all offences, which, by their nature and gravity, incur 
 the penalties of death, confinement in irons, (Kettenstrafe,) hard labor of 
 the first or second degree, {Zucht and Arbdtshdvs,) imprisonment in a 
 fortress, deprivation of public office, or declaration of incapacity for all 
 offices or honors of State or trust. 
 
 Misdemeanors are all offences, committed with or without criminal 
 intention, which are punishable with imprisonment,, flogging, fine, and 
 other fighter punishments, {geringeren Uebeln.) 
 
 Contraventions are actions or omissions, which, although not causing 
 injury to the rights of the State or the subject, are prohibited or com- 
 manded under certain penalties, because they endanger public order, 
 and compromise public security. Lighter offences, which are referred 
 by particular laws to the examination of the police authorities, who 
 also have the punishment of them, come likewise under the head of 
 contraventions. 
 
 From these definitions, it is'easy to perceive that the legislator re- 
 cognizes an offence as punishable only when it is in violation of an es- 
 sential right of the individual or the State. 
 
 The new codes have all abandoned this fundamental principle of 
 the Bavarian code. 
 
 The punishment of death is either simple or aggravated. The mode 
 is decapitation. In the first case, the criminal is led to the place of 
 execution, clad in a grey blouse, and bare headed, with a tablet on the 
 back and breast, inscribed with the name of the crime. 
 
PENAL CODES IN EUROPE. 85 
 
 In the second case, the criminal, dressed and labelled in the same 
 way, is exposed for half an hour in the pillory. 
 
 Confinement in irons is for life, and is accompanied by civil death. 
 The labor of the prisoner is determined by the State. The prisoner is 
 fastened by a chain to a heavy iron ball. 
 
 The punishment of hard labor, [Zuchthausstrafe,) is either for a defi- 
 nite term of firom eight to twenty years, or for a term not fixed by the 
 sentence, in which case, after ten years, on evidence of repentance or 
 improvement, the punishment is remitted. 
 
 A judge can never sentence to hard labor yor life. 
 
 The second degree of hard labor, {Arbeifshaussirqfe,) consists of the 
 prisoner being confined in another and separate establishment, where 
 he is treated in a milder manner, and his punishment is less laborious 
 than in the first. 
 
 Imprisonment in a fortress is of three kinds. The first is substituted 
 in particular cases for imprisonment in irons; the second, for hard labor 
 of the first degree; and the thkd for hard labor of the second degree. 
 
 The first and second degrees of this punishment, as well as of other 
 punishments, may be augmented by confinement in dark dungeons, 
 diminutioi#of food, flogging, and exposure in the pillcwy. 
 
 In case of flogging, the number of lashes is named in the sentence, 
 and cannot exceed fifty ; and they can only be given on the declaration 
 of a physician that they would not endanger the criminal's life. 
 
 Imprisonment for not exceeding two years takes place in a local 
 prison, or in a fortress, where there is no compulsory labor, but where 
 the quantity of food can be diminished. 
 
 Whoever causes the condemnation of a criminal to be made a re- 
 proach to his relatives may be subjected to a penalty of from eight to 
 fourteen days' imprisonment. 
 
 Those persons are considered as authors of a crime who assist in its 
 execution by direct bodily strength or exertion ; who render an assist- 
 ance without which the crime could not have been consummated ; or 
 who excite and provoke other persons to its commission. 
 
 A complot is different from these cases, and consists in two or more 
 persons joining with another, for a common interest, in the commission 
 of a crime ; and who bind themselves, by promises of mutual assistance, 
 to coKjperate in its execution. 
 
 Participation in the execution of a crime incurs the same penalty as 
 the crime itself, although the ringleaders receive the severest punish- 
 ment. 
 
 The accomplice is he who knowingly and intentionally participates 
 in a crime resolved on by another, whether by words, acts, or missions 
 to act, and even when such participation was not so necessary but the 
 crime could have been committed without it. 
 
 The law recognizes and determines three grades of compUcity ac- 
 cording as the co-operation or participation is of more or less impor- 
 tance in the commission of a crime. The punishment of an accomplice 
 is regulated by that of the perpetrator. 
 
 In the third grade of the crime of compHcity, we observe one of the 
 peculiarities of, the theory of Feuerbach. The persons who are inclu- 
 ded in this grade, and who are liable to its penalty, are those who fail 
 
86 PENAL CODES IN EUROPE. 
 
 to Renounce a crime or a misdemeanor, of which they have knowledge, 
 and who, though not pubhc officers, do not hinder or prevent a crime 
 so far as is possible, even by the use of physical force. 
 
 Another pecuharity is, that the receiving of stolen goods, or the 
 favoring of the escape of a criminal, is punished as a second degree 
 of complicity. 
 
 Criminal attempt consists in having the intention to commit a crime 
 and having done anything in preparation, or towards the perpetration 
 of the same. It is either proximate, distant, or aggravated. 
 
 A proximate attempt is when the criminal is present, and is taken at 
 the commencement of the action by which the crime or misdemeanor 
 would have been immediately consummated. 
 
 A distant attempt is when the offender has only assisted in certain- 
 acts which are regarded as merely preparatory to the crime. 
 
 An aggravated attempt is when the attempt constitutes in itself a 
 crime or misdemeanor. The punishment in this case is more severe 
 than the punishment of a proximate attempt, or of the crime independ- 
 ently, even when the punishment for this last is more severe than that 
 laid down for attempt. 
 
 Criminal attempt of the two first grades is not punished* as in the 
 French code, with the same penalty whicli is' attached tolhe crime 
 itself; but it is increased or diminished in proportion as it is distant or 
 proximate to the actual commission of the crime. 
 
 , The German jurists find the greatest peculiarity of Feuerbach's sys- 
 tem to be in his theory as to the meting out of punishments. 
 
 When the law has not defined the. precise grade of punishment, it 
 must be deteJ-mined by the judge, always in observance of the follow- 
 ing principles: The punishment must be increased in proportion as 
 the reasons for obeying the law are numerous and important ; as the 
 obligations violated by 3ie offender are great and serious ; as the crimi- 
 nal is in a condition clearly to know his motives for the commission of 
 the crime ; as the hindrances to > the commission of the crime were 
 great, or as the criminal was instigated by his own impulses, or by ex- 
 ternal circumstances; as the offender, by the continued practice of bad 
 manners, and the performance of loose actions, has become intractable,, 
 (VervMdert,) and disposed to crime j and as the lusts and passions mani- 
 fested in the commission of the crime were dangerous and malicious. 
 
 On the other hand, the punishments are decreased when the offender^ 
 having an opportunity to commit a greater crime, restrained himself 
 voluntarily to a smaller one ; when he takes pains to prevent the con- 
 sequences of the crime, or voluntarily to repair the injury done ; when, 
 he voluntarily delivers himself up to justice; when at the first or sec- 
 ond exaniination he confesses his crime; or lastly, when he has led to- 
 the detection of other criminals, or furnished means or opportunity for 
 their seizure. 
 
 Though the crime is proven against the accused, nevertheless, if, in 
 an important matter of fact, (Thathestand,) there is an essential point of " 
 the evidence defective, a milder punishment than that prescribed by 
 law is inflicted. 
 
 The commission at the same time of several crimes is punished by 
 an accumulation of the penalties of all. 
 
PENAL CODES IN EUROPE. 87 
 
 Repetition of a crime or misdemeanor is punished more severely 
 than the original offence. • It exists when a person, after having under- 
 gone a punishment, repeats an offence similar to that for which he was 
 sentenced. 
 
 No punishment is pronounced against children under eight years of 
 age, insane persons, idiots, or persons who from melancholy or other 
 grave mental affection, have lost the use of their judgment; those who 
 cannot judge of the consequences of their actions, nor be sensible that 
 a penalty is attached to them ; those who, by reason of wealiness caused 
 by old age, have lost the use of their judgment; deaf and dumb per- 
 sons, so far as they are not regularly instructed in their duties ; those 
 who are in incurable ignorance, and have, therefore, regarded their 
 actions as allowable and not criminal; those who have committed a 
 criminal action under the influence of physical force which they could 
 not resist; or of bodily fear, such as menace against life; and, finally, 
 those who have resolved on committing a crime, and have executed it, 
 while in a confused state of mind or senses for which they were not 
 answerable. 
 
 No crime exists for defending one's self, nor for those who have 
 assisted in such defence. 
 
 The law provides for, and aflBxes penalties to, those cases where the 
 limits of legitimate defence are exceeded. 
 
 In general there is no limitation to punishments. If, however, the 
 criminal has not been prosecuted within a period fixed by the law, and 
 if, meanwhile, he has conducted himself irreproachably, he. is declared 
 exempt firom punishment. 
 
 The special part of this code, given in the second and third books, 
 contains the application of these principles to particular crimes and 
 misdemeanors. 
 
 THE CODE OF PENAL PROCEDURE OF BAVARIA. 
 
 The system of penal procedure, as contained in the Bavarian code, 
 may be regarded as a type of that practised in the German States. A 
 general outline of it will be given here, as a means of showing more 
 clearly the condition of penal legislation in Germany. The chief 
 points of interest are the following : 
 
 1. The civil penal courts [Cmlstrafgerichte) judge of misdemeanors; 
 the criminal courts judge of crimes. The first are located near the 
 courts of appeal, and are composed of four members of that court, hav- 
 ing a president or director, who has no vote in any of the deliberations. 
 
 The second consists of a senate of six judges of the court of appeal. 
 
 The court of appeals decides concerning misdemeanors in second in- 
 stance (the highest allowed for this category of offences ;) and a high 
 court of appeal {Oberappellaiionsgerichl) decides concerning crimes, in 
 case of second appeal. 
 
 2. The prosecution is not instituted by a public prosecutor, but by 
 
88 PENAL CODES IN EUROPE. 
 
 the judge, who is specially charged, ex oficio, to prosecute in all cases 
 of crime and misdemeanor. (Unterstichungsrithter.) 
 
 The proceedings consist of four stages, called general and special 
 inquest, closing examination, and trial. [General wid Special Inquisi- 
 tion, Schluss und Hawptverfahren.) 
 
 The preliminary inquest is first general, and afterwards special. 
 The object of the general inquest is to' decide upon the reality of the 
 supposed offence, and to ascertain what are the grounds of suspicion 
 in ohjectivo and in suhjectivo. 
 
 The special inquest commences when sufficient grounds are found 
 for putting the suspected person in accusation. This is only possible 
 when he has made true confession ; or when testimony has been g^ven 
 against him by one irreproachable witness ; or, in case their testi- 
 mony agrees, two reproachable witnesses ; or when, owing to several 
 indications, there is reason for grave suspicion. {Lidicium proximum.) 
 
 3. In case of a crime punishable by death, chains, or hard labor, 
 the accused is detained iii prison previous to the trial. 
 
 In case of crimes of lesser grade, when the accused are domiciled in 
 the kingdom, and possess real estate, and have some regular trade, 
 occupation, or office, they are not imprisoned previous to trial, un- 
 less they have incurred some criminal punishment before, or, unless 
 for particular reasons, their escape is to be feared ; nevertheless, bail 
 must be given, which must be proportioned to the gravity of the pun- 
 ishment attached to their supposed offence, and according to the amount 
 of the damages and costs ot court. 
 
 4. After terminating the special inquest, the closing examination 
 commences, in which the accused is allowed the services of counsel ; 
 and here are supplied the omissions of the preceding inquests. This 
 proceeding terminated, the. papers are sent to the proper court to be 
 used at the trial. 
 
 5. The kinds of evidence admitted at the trial ai-e : occular demon- 
 stration by the judges ; opinions of surveyors ) confession of the ac- ■ 
 cused ; witnesses ; documents ; coincidence of several circumstances. 
 {Indicien.) 
 
 6. The proceedings are secret and documentary. The court decides 
 on a report ready by one of their number, appointed by it for that pur- 
 pose. 
 
 The judgment is pronounced by a majority of voices, and declares 
 the accused either guilty or not guilty. 
 
 He is only absolved ab instantia, when there are too' few gi'ounds oi 
 suspicion to warrant a sentence, and too many to warrant his being 
 set entirely at liberty. 
 
 A person absolved ab instantia must give bail, and be placed under 
 the surveillance of the police. He can, also, at any moment, be prose- 
 cuted anew. 
 
 7. Besides appeal, there is a revision of judgment, which a person 
 declared guilty, or absolved ab instaMia, can demand, in which case 
 the court which has condemned the accused, decides also the matter 
 of revision. 
 
 8. Martial law can be established when a district is particularly 
 menaced by the commission of grave crimes. The court-martial con- 
 
PENAL CODES IN EUROPE. 89 
 
 sists of five judges, two assessors, and a recorder. Tlie usual mode of 
 proceeding is abandoned, and the four grades above given, are, at the 
 SEune trial, united in one. 
 
 It will be seen by the above that there is no time fixed for termi- 
 nating the examinations; and that the trial can last, owing to docu- 
 mentary proceedings, for an indifinite space of time ; also, that there is 
 no jury, and that the judges, who have no cognizance of the documents, 
 and who do not hear the witnesses, form their decision on a simple re- 
 port, and have the right to sentence the prisoner, set him firee or keep 
 him in perpetual uncertainty as to his fate, and liable at any moment 
 to a new trial. 
 
 There is no public prosecutor. The functions of this officer, and of 
 judge, being united in one person. 
 
 THE PENAL CODE OF SAXE-WEIMAR. 
 
 The penal code now in force in the gi'and duchy of Saxe- Weimar 
 dates from the j-ear 1838. 
 
 There were no great difficulties to the introduction of this code, as 
 there were no important parliamentary discussions on the subject, it 
 having been founded on the codes of the other German States, which 
 immediately preceded it, and on the Prussian project. It is not with- 
 out interest to remark, that the code of this State, which nunibers the 
 population of a second-rate city of the United States, commences with 
 principles of international law. It proclaims that not only the inhabi- 
 tants of this grand duchy, but also that the Saxe- Weimarers who have, 
 in foreign parts, committed an action which is high tfeason against the 
 grand duchy, or the ducal family, or on account of an action which is 
 committed without the hmits of the State, in order to defraud the laws 
 of the same, are subjected to the pr^tscriptions of this code. 
 
 A very original prescription of this body of laws is, that the punish- 
 ments are pronounced not only on account of violation of the letter, but 
 also on account of violation of the spirit of the law. All the other laws 
 which have been given, and in fact all existing codes, forbid analogy in 
 the interpretation of penal law, and admit only the strict application of 
 the text. In our statutes^' and in England, the same principle is in 
 forc^ the very important reforms of the past few years which tend to 
 aboHsh the pedantry of words, having reference alone to criminal pro- 
 cedure, particularly in the form of indictments, and not to penal law. 
 
 The following punishments are admissible in Saxe- Weimar : 
 
 1st. Death ; 
 
 2d. Confinement in irons ; 
 
 3d. Hard labor of first and second degrees; 
 
 4th. Confinement in a fortress ; 
 
 5th. Infamy and degradation ; 
 
 6th. Flogging; 
 
 7th. Imprisonment in a fortress ; 
 
90 PENAL CODES IN EUKOPE. 
 
 8th. Fine. 
 
 Concerning the execution of the punishments, the same regulatiolis 
 are observed as in"the Bavarian code. 
 
 This code is for the most part copied from the Bavarian, but further 
 detail is unnecessary; my object in these fev/ remarks concerning the 
 code of Saxe- Weimar being to show how, in so small a State, a penal 
 code is brought about, and what were its features. 
 
 THE PENAL CODE OF BADEN. 
 
 This code was promulgated the 6th March, 1845. It is divided in 
 the usual manner into two parts : the first, trials of offences and their 
 punishments in. general ; the second part treats of individual offences 
 and the pensilties of the same. 
 
 The division of offences into crimes, misdemeanors, and contraven- 
 tions, as established in the code pe?ial, and most of the other codes of 
 Europe, is not adopted in that of Baden. They are neither defined nor 
 graduated., The first article merely bears the title "punishable ac- 
 tions," and contains the prescription that the commission or omission of 
 an action is only punishable when the law prescribes a penalty for the 
 same. • ■ , 
 
 There are two classes of punishments ; criminal and civil (peinliche 
 und hurgerliche Strafe.) 
 
 The criminal punishments are : 
 
 1st. Capital punishment; 
 , 2d. Hard labor for life ; 
 
 3d. Hard labor for a term of not less than three nor more than 
 twenty years ; 
 
 4th. Depirivation of ofl&ce. 
 
 The citizens of Baden who are sentence.d to hard labor, and those 
 who are particularly dangerous to public security, may, on coming out 
 of prison, be placed under the surveillance of the police for a term of 
 from one to five years. An individual receiving this punishment can- 
 not leave his house, or place of residence given to him by the authori- 
 ties, over night, and is subjected to houge-searchings at the discretion of 
 the police or judicial authorities. 
 
 The civU. punishments are : 
 
 1st. Confinement in a house of correction (Arieitshaus) or fortification 
 (Festung). from six months to two years ; (this last punishment is inflict- 
 ed when the offence was not committed for gain, or from " shamefiil" 
 motives ;) 
 
 2d. Imprisonment from four weeks to one year, or of a lower grade, 
 so called {Amisgefagniss) from one day to eight weeks ; 
 
 3d. Removal from office with the capability of being restored again 
 after three years, {Dienstentlassung ;) 
 
 4th. Loss of license to exercise certain professions ; 
 
PENAL CODES TN EUROPE. 91 
 
 5th. Fine, not to exceed, as a rule, 1,000 guildens ;* 
 
 6th. Confiscation of certain objects ; 
 
 7th. Judicial admonition. 
 
 Imprisonment {Gefdgnissstrafe) can be aggravated in certain grave 
 cases, by solitary confinement of not more than two months duration ; 
 Dunkelarrest f or confinement in the dark, not to exceed four days; 
 short diet, {Htingercost,) of bread and water, or bread and warm gruel, 
 not longer than seven days, which cannot be consecutive ; lastly, being 
 put in chains for a period not to exceed four weeks. 
 
 This code gives .also the punishments which the authorities of the 
 prisons can inflict on refractory prisoners. They can, in all prisons, 
 inflict the punishment of solitary confinement and deprivation or restric- 
 tion of the comforts or favors which are allowed by the regulations of 
 the prison. In the Arbeitshaus and the Gefagniss, they can inflict the 
 punishments named above, of confinement in the dark, of short diet, 
 and of deprivation of beds. In the ZuchtJiaus they can put a refi-actory 
 prisoner in chains. 
 
 There are various grades of criminal attempt. An attempt is heendigt 
 if all has been accomplished necessary to the consummation of the 
 offence; which, however, has been impeded by some circumstance in- 
 dependent of the will of the criminal — ^it is rdchtbeendigt when this is 
 not the case. 
 
 The punishment in both cases is less than "for the perpetration of the 
 attempted offence, and the penalty for nicktbeendigt, is considerably less 
 than for the beenidgt- attempt. 
 
 The originators of an offence are not alone those who have accom- 
 plished it by deeds, but those who have decided on, or incited to the 
 same. When the perpetration of the offence does not depend on the 
 influence of the counsellor, however, he is punished less severely than 
 the perpetrator, but receives the same penalty as the accomplice. 
 
 An accomphce is he who knowingly facihtates or furthers the offence 
 of another. The punishment for this grade of guilt is less than for the 
 originator or perpetrator ; the punishment of death is changed to hard 
 labor for life, or for a term of years ; in all other cases the minimum of 
 the punishments inflicted on the ringleader, or the next lower grade of 
 penalty, is incurred. 
 
 Aid and comfort to a criminal after the act, is Begilnstigung. Regard 
 is had in the punishment of the same to the importance and motives of 
 the principal crime, and it is punished with imprisonment or fine, with 
 the exception of those cases in which other punishments are designated 
 by the law. Habitual Begunstigung is punished with particular severi- 
 ty, whilst that accorded to near relations incurs no penalty. 
 
 The system of aggravating and extenuating circumstances, which is 
 according to Feuerbach's theory, is interesting. The punishment is 
 aggravated in proportion as the reasons for committing the offence were 
 more numerous and important ; as the obstacles and dangers in the way 
 of the execution were great ; and as the external incentives to the 
 
 * The guilden is forty cents. 
 
 fThefeode of Hesse Darmstadt contains also this aggravation of imprisonment. Owing, 
 however, to several grave maladies resulting, according to the certificates of physicians, from 
 this punishment, it is no longer put in force. 
 
92 PENAL CODES IN EUROPE. 
 
 offence were small or insignificant ; as the offender by his former man- 
 ner of living had manifested immorality and perversity. 
 
 The punishment is mitigated when the offender was not aware ot 
 the result of the act or the extent of the punishment of the same; when 
 led to commit the offenCe either by necessity, persuasion, deceit, seduc- 
 tion, order, or menace ; when he was in a state of great mental excite- 
 ment ; when he has led an irreproachable life ; when, under the influ- 
 ence of repentance, he has sought to hinder the injurious consequences 
 of the punishable action ; when he has himself given information of 
 his offence to the authorities. 
 
 When these circumstances occur, a milder punishment than the one 
 fixed by law for the offence is inflicted. 
 
 There is no punishment for an offence committed when the exercise 
 of a free will or the knowledge of the penalty of the offence was want- 
 ing, or when in ignorance of the facts which make an action punishable, 
 or which increase the penalty of the same. 
 
 Children under twelve years old are not held accouiitable for offences ; 
 those from twelve to sixteen years old are only punished when they 
 have acted with discernment, and then with a milder penalty than that 
 inflicted on those of riper years^ 
 
 Self-defence, in case of imminent danger to one's life, or to one's 
 property, or defence of a near relation whose life is in danger, is not 
 punished when thereby a"n action is committed which in other cases 
 would receive punishment. 
 
 When several offences are committed by the same party, the severest* 
 of the punishments incurred is inflicted, with augmentation in propor- 
 tion to the nature and number of the offences. 
 
 The term of limitation for those offences which incur capital. punish- 
 ment, or hard labor, is twenty years ; for other offences, ten years ; for 
 those offences which are prosecuted on the demand of the injured party, 
 two years. 
 
 THE PRUSSIAN CODE OF PENAL PROCEDURE. 
 
 To complete this outline of the penal legislation of Germany, I will 
 give here a sketch of the system of penal procedure for Berlin, promul- 
 gated the 17th July, 1846. 
 
 The royal proclamation accompanying this code says that it had 
 always been the intention of the king, since his ascension to the throne, 
 to better the condition of criminal procedure, by a more pronipt juris- 
 diction, which should, nevertheless, preserve the digaity of the judge, 
 and more paiticularly by the introduction of oral proceedings, (mund- 
 liche Verfakren,) and that, , as this comprehensive labor was not yet 
 brought to an end, the advantages of this new law could only be given 
 to the capital, Berlin. 
 
 * Poena major ahsorhet minorem. 
 
PENAL CODES IN EUROPE. 93 
 
 The most important improvements over the previous system, in this 
 code for Berlin, axe the following : 
 
 1st. In the criminal courts of first and second instance, called Crimi- 
 nalgericht and Kammergericht, is a public prosecutor, whose business it 
 is to seek out offenders and to bring them before the courts of justice. 
 Besides the prosecutor, the president of the police and his oflScers are 
 empowered to seek out criminals and proofs for the conviction of the 
 guilty- • 
 
 The duty of the public prosecutor is to see that the legal prescrip- 
 tions are observed in penal procedure. "He has," says the law, "not 
 only to take care that the guilty do not escape punishment, but also 
 that the guiltless are not prosecuted." 
 
 The judges are not bound to the motion of the prosecutor, but decide 
 independently, according to their opinion of the facts. 
 
 The accusation is made by the public prosecutor, and the courts do 
 not interfere ex-officio. The public prosecutor can direct the accusation 
 till the court has resolved on the formal indictment. 
 
 2d. The judgment must be proceeded by oral pleadings, in which 
 the public prosecutor and the accused must be heard, the proofs 
 brought forwai'd, and the defence presented. 
 
 3d. After these proceedings are brought to a close, the judge de- 
 clares the accused either guilty or not guilty, or absolves him only 
 from the accusation. In the last case the accusation can be resumed, 
 in so far as it can repose on new facts or proofs, till it expires by limi- 
 tation. 
 
 4th. The courts judging in first instance are competent for those 
 offences which are punished with fine of less than fifty thalers, loss of 
 freedom for six weeks or under, or flogging. In these cases the court 
 consists of one judge-commissioner. In case of grave crimes this 
 court consists of a commission of three members, (Gerichtsdeputation,) 
 which decides on an act of indictment which is proposed by the public 
 prosecutor. 
 
 For the gravest crimes the oral pleadings must be preceded by a 
 preliminary examination, in which the accused must be heard. 
 
 5th. The accused and the prosecutor can appeal against a judgment 
 within ten days. This appeal is announced to the court of first in- 
 stance. 
 
 The court of appeal consists, in case of light offences, of a deputa- 
 tion of three members who belong to the Criminalsenat of the Kammer- 
 gericht ; in case of grave crimes, of six members ; or, when the crime 
 is particularly grave, of eight or ten members. 
 
 6th. When no appeal is admissable the accused can always, and the 
 public prosecutor till the hmitation of the crime, demand restitution.* 
 This demand can only be made in two cases : where the judgment is 
 founded on a false document, or on the deposition of a perjured witness. 
 The proceedings on this demand are before that court which received 
 the false document, or the statement of the false witness. When 
 the demand is rejected, as unfounded, an appeal can be made within 
 ten days. When it is declared to be founded, the whole of the pre- 
 
 * The Reslitviio in integrvm of the Roman law. 
 
94 PENAL CODES IN EUROPE. 
 
 vious proceedings are annulled a©d a new suit commences, as if no 
 judgment had been passed by a court. In this case the ordinarj'means 
 of justice are admissable. 
 
 7th. Police offences have a particular system of procedure. The 
 president of police has no longer complete jurisdiction in these cases, 
 but the judges of police designated by the Kammergericht. A special 
 rnagistrate (Polizei-Anwalt) is charged with the functions of public pro- 
 secutor. An appeal is admitted, from the decision of the judge, within ten 
 days, in case new facts come to light after judgment has been pro- 
 nounced. The appeal is decided on, by a deputation, consisting of three 
 members of the Criminalsenat of the Kammergericht — the samQ members 
 who sit in judgment in second instance on light offences. 
 
 When a public officer informs of a contravention, and aflSrms to have 
 seen the offence committed, there, is a special summary procedure — the 
 punishment being pronounced immediately and communicated to the 
 accused, with notice that he can demand the alteration of the sentence 
 within ten days. Restitution can only be demanded when the person 
 condemned opposed the decision. These proceedings, so-called Man- 
 datsprozess, are a peculiarity of the system of procedure in Germany, 
 in both criminal and civil cases. 
 
 PENAL CODE OF AUSTRIA. 
 
 By an impartial patent of 27th May, 1852, a penal code for all the 
 States of the monarchy, with the exception of the military frontiers, was 
 promulgated, to take effect on the 1st September, 1852. With this also 
 appeared a law fixing the competency of the criminal courts in those 
 States of Austria in which the new code of penal procedure of 17th 
 January, 1850, is introduced; a law to determine the competency of 
 those courts which pass judgment on political offences and offences 
 against the emperor; a law determing the competency of the criminal 
 courts for the kingdoms of Hungary, Croatia, Sclavonia, the Servian 
 Woiwodschaft and the Banat; a law deciding the competency and pro- 
 cedure of the criminal courts for Siebenburgen only ; and lastly, a gen- 
 eral law on the press for all, the States of the empire, with the exception 
 of the military frontiers. 
 
 I. THE PENAL CODE. 
 
 This is preceded by a proclamation of the emperor, which lays 
 down the principles for the application of the laws which follow ; all 
 anterior laws, customs, and ordinances concerning penal offences, are 
 abolished from the 1st September, 1852, with the exception of the 
 military laws, and, as has been' already remarked, the laws for the 
 military frontiers. 
 
 •From the day when this law goes into force, no crime, misdemeanor 
 or contravention {Verbrechen, Vergehen, Uehertretuvg) can be prosecuted, 
 
PENAL CODES TN EtTHOPE. 95 
 
 Other than those laid down in this code ; nevertheless, this law, in case 
 of pending prosecution or proceedings, and for all punishable actions 
 committed before the 1st September, is only applied, when the punish- 
 ments of the new code are not severer than those of the former. All 
 fines laid down in this code are to be reckoned in Austrian guilders.* 
 
 The former laws concerning usury remain provisionally in force. 
 As the present code contains no law on the subject of the competency 
 of the courts, it is laid down, that in those States in which the laws of 
 17th January, 1850, are not introduced, as well as in the incorporated 
 {Unserem) Grand Duchy of Cracow, the jurisdiction of crimes and mis- 
 demeanors is to be exercised by those courts which, at present, have 
 competency for crimes alone ; contraventions are to be judged by those 
 courts which before this had the jurisdiction of grave police offences. 
 {Schivere Polizei-Vebertretungen.) 
 
 A great difference, both in system and classification, is to be re- 
 marked between this and the other codes which have been given. It 
 does not commence with preliminary and general principles, but is 
 divided into two parts, which contain the special laws on punishable 
 actions, and their penalties. 
 
 The first part treats of crimes ; the second part of misdemeanors and 
 contraventions. It is to be remarked, that the Austrian code has 
 adapted the classification of offences of the French code, although this 
 classification is not recognised by any special article. 
 
 PART I. 
 
 CHIMES. 
 
 This part is divided into twenty-nine chapters, which treat respec- 
 tively of: crime generally ; punishments of crime ; aggravating circum- 
 stances ; application of the aggravating and extenuating circumstances 
 in determining .the grade of punishment; different kinds of crimes; 
 crimes of high treason, or against the power of the sovereign or his 
 family, and disturbance of the public peace ; sedition and riot ; public 
 violence; abuse of oflB.ce; counterfeiting of public bills of credit; coun- 
 terfeiting of coins ; disturbance of religion ; rape, violation, and bestial- 
 ity ; murder and homicide ; abortion ; abandoning of a child ; corporeal 
 injury; duelling; arson; theft and embezzlement; robbery; fraud; 
 bigamy; calumny; aid and comfort to criminals; limitation of crimes 
 and punishments. 
 
 Clime generally. 
 
 The first thing to be sought for to prove the existence of a crime is 
 criminal intention, dolus {baser Vorsalz;) it exists, not only when, before 
 
 »The Austrian guilder is one-third more than the German, and is forty-eight cents United 
 . States currency. 
 
96 PENAL CODES IN EUROPE. 
 
 or during the commission of the crime the injury, ( Uehel,) which is the 
 consequence of the crime, was intended; but also when, owing to 
 another evil intention, something was undertaken or omitted, in which 
 the injury caused by the same has resulted, or can easily result, as a 
 consequence of the action, {culpa lata.) No crime, therefore, exists 
 when the doer is totally deprived of reason, or when he co;nmits the 
 deed in a moment of temporary insanity; when he is in a condition of 
 complete drunkenness, or any other confusion of the senses ; when he 
 is under fourteen years old ; when through error he cannot see a crime 
 in the action; when the evil consequences have 'resulted from accident, 
 negligence or ignorance; lastly, when the act resulted from compulsion 
 by superior force, or in the exercise of self-defence. The plea of self- 
 defence is only to be admitted when it is to be supposed, in taking into 
 account the person, time, place, kind of attack or other circumstances, 
 that only the necessary means of defence were used, in order to repel 
 an unjust attack on life, 'liberty, or property; or, that the bounds of 
 self-defence were exceeded under the influence of intiirlidation or fear. 
 
 No one can plead ignorance of this code. 
 
 The immediate criminal is not alone guilty of a crime, but also he, 
 who by command, counsel, instruction, or praise, prepares the offence, 
 or intentionally has rendered assistance towa.rds the execution of the 
 same, or towards removing the obstacles to its commission; lastly, he 
 who has stipulated with the offender beforehand to give him criminal 
 assistance after the deed, or to participate with him in the gain arising 
 therefrom. Whoever after the commission of the crime, and without 
 preliminary stipulation, gives assistance to the criminal, or divides the 
 spoils with him, is not equally guilty, but by those acts becomes guilty 
 of another and special crime. ' When the law on the press is violated, 
 the author, the translator, the publisher, and in case the offending pub- 
 lication is periodical, the editor, and generally all persons who, have co- 
 oferated to print or spread such publication, are guiltyof the same crime. 
 
 Criminal attempt {Versuch) is punishable when the criminal has. 
 committed an action leading to the commission of a crime, which crime, 
 however, was hindered by some circumstances independent of the will 
 of the author^ The punishment of attempt is, in all cases in which 
 the law establishes no particular exception, the same as for the con- 
 summated crime, in which case, nevertheless, those extenuating cirr 
 eumstances allowed in the law are admitted. An attempt ei^ists, also,, 
 when a person endeavors to persuade another to a crime which he does 
 not commit. 
 
 Crimes of the press, on the part of the author, tratislator, editor, and 
 pubHsher, date from the delivering the manuscript to be printed. 
 
 No one is answerable for his thoughts ot internal resolutions (iwrafir- 
 liches Vorhaben) when no external criminal action is undertaken, or 
 nothing laid down in the laws is omitted. 
 
 Punishments of crime. 
 
 The punishments of crime are : 
 
 1st. Death. 
 
 2d. Confinement in a dungeon, {Anhalttmg im Kerker.) 
 
PENAL CODES IN EUROPE. 97 
 
 The punishment of death is executed by hanging, {mitdem Strange.) 
 
 There are two kinds of dungeon punishments, {KeiTcer ;) the first 
 grade is simple Kerher, and the second grade is aggravated Kerher. 
 The first consists in confinement in a small space, without being put in 
 irons, and in subordination to the regulations introduced for those pun- 
 ishments. In the second grade the .criminal is chained by the toot; 
 and conversation with others than his keepers is only allowed under 
 particular and important circumstances. The punishment of the Kerher 
 is inflicted either for life or for a term of years. In the last case, from 
 six months to twenty years. The term of punishment commences only 
 firom the moment when no appeal firorn the sentence is possible.* 
 
 The punishment of the Kerker can be aggravated by diminution of 
 food, deprivation of bed, isolation, (for not longer than one month unin- 
 terruptedly,) and solitary confinement in a dark cell, (for not longer 
 than tliree days uninterruptedly ;) 
 
 3d. Flogging with rods or whips, {Slock odcr Ruthen.) The flog- 
 ging for youths, under eighteen years old, and for women, is w;ith the 
 whip ; for men, with rods. The operation can only be executed after 
 an opinion of the surgeon on the power of endurance of the criminal. 
 Nevertheless, this punishment can never exceed thirty blows, which 
 cannot be given in public. 
 
 Lastly, banishment after the expiration of the term of punishment. 
 
 The legal consequences of every punishment on account of crime 
 are, deprivation of all foreign and national decorations ; 
 
 Lobs' of all public titles and academical honors ; 
 
 Exclusion fi-om the responsible publication of a periodical magazine 
 or paper ; 
 
 Loss of every public office or service ; 
 
 If a minister of religion, deprivation of titles ; 
 
 Loss of judicial dignity of office, or profession of notary public, law- 
 yer, attorney, or barrister ; 
 
 Lastly, loss of all pensions ; 
 
 The surveillance of the high police is regulated by special laws. 
 The loss of nobility is connected with the punishment of death, and of 
 aggravated Kerker, and also incapacity, during the term of punishment, 
 to perform any legal act. 
 
 When a criminal has committed different crimes, which are the 
 objects of the same prosecution, he can only be punished for that crime 
 which has for penalty the severest punishment, regard being had, how- 
 ever, to the other crimes. 
 
 When an Austrian commits a crime in a foreign land, he is, never- 
 theless, punished according to the prescriptions of this code ; and when 
 he has been already punished where the crime was committed, he 
 receives, if that punishment was less than laid down in the laws of 
 Austria, the additional punishment on his return. 
 
 The crime of high treason, or of counterfeiting the obligations, bank 
 notes, or coins of Austria, by a foreigner, receives the punishment laid 
 down in the code, when even committed in another country. 
 
 •Even when the condemned makes or will make no appeal. 
 
 7 
 
98 PENAL CODES IN EUROPE. 
 
 Aggravating circumstances. 
 
 This code has here followed very closely the theory of Feuerbach. 
 The crime is greater in proportion as the preparations to the same were 
 more premeditated; as the injury caused, or the danger connected with, 
 the crime was greater ; or more obligations were broken, and less pre- 
 caution could have been taken against the same. 
 
 Besides these general aggravating circumstances there are the fol- 
 lowing special ones: When several crimes of different natures are 
 committed, or the same crime be repeated ; when the criminal has 
 already been punished on account ol' a similar crime ; when he has 
 seduced others to the crime ; when he has been the exciter, ringleader, 
 or author of a crime committed by several persons ; lastly, when the 
 accused seeks to deceive the judge by making false allegations. 
 
 Extenuating circumstances. 
 
 These depend upon the person of the criminal or on the nature of the 
 offence. When depending on the person of the criminal, they are as 
 follows : when he is less than twenty years old ; when he is of weak 
 intellect or grossly ignorant ; when he has led an irreproachable life 
 before the commission of the crime ; when he has been induced to 
 commit the crime by another, or has committed the same under tlie 
 influence of fear, or intimidation ; when he has been urged to the com- 
 mission of the crime by violent mental excitement, " growing out of 
 the ordinary feelings of man ;" when he has been tempted, by good 
 opportunity, to the commission of a crime suggested by the imprudence 
 of another; when he has been ujj^ler the influence of extreme poverty; 
 when he has sought to repair the injury caused by the crime, or to pre- 
 vent further injurious consequences ; when, at the time of its perpetra- 
 tion, he could easily have escaped, or remained undiscovered, and yet 
 has , informed against himself, and confessed the crime ; when he has 
 led to the detection of other criminals, and has furnished opportunity 
 and means for their seizure ; lastly, when he has been imprisoned for a 
 long term on account of unusual delay of the preliminary proceedings 
 for which he was not to blame. 
 
 The extenuating circumstances on account of llie nature of the crime 
 are the three following : When the contemplated crime is not consum- 
 mated ; when the crime is perpetrated with voluntary abstention from 
 the commission of greater injuries, for which there was opportunity ; 
 and, lastly, when the damage resulting from the crime is small, or 
 when the injured person has received full reparation. 
 
 Application of aggravating and cxtenvating circumstances in determining the 
 
 punishments. 
 
 Aggravating circumstances are only taken into account, in so far as 
 they are not accompanied by extenuating circumstances; just as ex- 
 tenuating circumstances are considered only in as far as they ai-e not 
 accompanied by aggravating circumstances. 
 
 In case of aggravation, the nature of the punishment provided by the 
 law cannot be altered, npr the maximum penalty increased. 
 
PENAL CODES IN EUROPE. 99 
 
 There is no aggravation ef the punishment of death, or of imprison- 
 ment for life. 
 
 In case of extenuating circumstances, for the crimes of which jhe 
 duration of punishment is not fixed by law at more than five years, the 
 KerJcer can be modified to a milder grade, and the legal duration of the 
 term of imprisonment can be reduced to less than six months. This 
 mitigation can even be pronounced in favor of a guiltless family, when 
 by a longer duration of the punishment it might experience serious 
 diminution of its means of subsistence. 
 
 Different kinds of crimes. 
 
 Crimes aft'ect either the common security, in the unity of the State 
 and in the public confidence, or they affect the security of the individual 
 in his person or in his property, liberty, or other rights. 
 
 From these general definitions, the Austrian legislator has deduced 
 the following thirty-nine crimes : 
 
 1. High treason ; 
 
 2. Personal offences against the sovereign or his family ; 
 
 3. Disturbance of the public peace ; 
 
 4. Sedition; 
 
 5. Riot ; 
 
 6. Public violence (offerUliche Gewalthdtigkeit) against the public au- 
 thorities ; 
 
 7. Public disturbance of societies or assemblies authorized by the 
 government ; 
 
 8. Open violence against public officers ; 
 
 9. Open violence by forcible invlfeion of another's property ; 
 
 10. Open violence or attacks upon property ; 
 
 11. Open violence by malicious actions, or omissions, involving 
 others in serious danger y 
 
 12. Open violence by malicious damages of, or interfering with, the 
 State telegraph ; 
 
 13. Open violence by kidnapping ; 
 
 14. Open violence by illegitimate restriction of personal freedom ; 
 
 15. Open violence by treating a man as a slave ; 
 
 16. Open violence by abduction ; 
 
 17. Bribery; 
 
 18. Dangerous menaces ; 
 
 19. Abuse of public office ; 
 
 20. Counterfeiting of pubUc securities, bonds, or bank notes ; 
 
 21. Counterfeiting of coins ; 
 
 22. Disturbance of religion ; 
 
 23. Rape; 
 
 24. Violation of the person ; 
 
 2-5. Other crimes against chastity ; 
 
 26. Murder ; 
 
 27. Homicide ; 
 
 28. Abortion; 
 
 29. Abandoning a child ; 
 
 30. Severe corporeal injuries ; 
 
100 PENAL CODES IN EPKOPE. 
 
 31. Duelling ; 
 
 32. Arson ; 
 S3. Theft; 
 
 ^4. Embezzlement ; 
 ■35. Robbery ; 
 
 36. Fraud ; 
 
 37. Bigamy ; 
 
 38. Slander; 
 
 -39. Aid and comfort to a criminal. 
 
 Without entering into the details of these numerous ca,tegories of 
 ^crimes, it is well to remark the following peculiarities : 
 
 HigJi treason. 
 
 The crime of high treason is committed when any one injures or en- 
 'Sangers the person of the Emperor, in body, health, or freedom; 
 
 When a violent change in the form of government is attempted ; 
 
 When the separation of a part of the e mpire, or when an insurrec- 
 tion or civil war is aimed at. 
 
 High treason is conimitted when these actions are directed against 
 the existence, integrity, or security of the constitution of the German 
 confederation. The punishment for these crimes is death, which is 
 executed upon the authors, ringleaders, and accomplices of the same ; 
 and which is also incurred in case of an attack on the person of the Em- 
 peror, when the reshlt sought tor is not attained. The intentional 
 omission to inform of a conspiracy, for this object, is punished with ag- 
 gravated KerJcer from five to ten years, unless the information was with- 
 held by reason of near relationsM^ to the criminal. 
 
 Whoever has become concerned in an association of persons guilty 
 of high treason, but who, nevertheless, through penitence, informs 
 against the members of the same, and exposes their statutes,' inten- 
 tions, and undertakings, at a time when they are still secret, and when 
 the injury can be prevented, is not punished ; and his secrecy is not 
 violated. 
 
 Offences against the Sovereign. 
 
 'Offences against the sovereign are committed in cases of personal 
 insult, public invectives, defamation or derision, by prints or writings, 
 or pictorial representations. The punishment in these cases is aggra- 
 vated Kerker from one to five years. When these offences are commit- 
 ted against any other members of the imperial house, the punishment is 
 simple Kerker from one to five years. 
 
 Disturbance of the public peace. 
 
 The crime of disturbance of the public peace is committed when a 
 person openly, or in presence of several persons, or in print, or by pro- 
 pagated writings, or pictorial representations, provokes to contempt or 
 haired against the person of the Emperor, the unity of the empire, the 
 form of government, or the administration of the State ; 
 
 The provoking, in like manner, to disobedience, resistance, or in- 
 
PENAL CODES IN EUROPE. 101 
 
 surrection against the laws, ordinances, sentences of the courts, or 
 orders of other public authorities ; 
 
 The refusal to paj-- taxes ; 
 
 Where it is sought to induce to paiticipation in these actions, or to 
 tabo part in the same in any manner. The punishment of these crimes 
 is aggravated Kerlcer from one to five years. 
 
 The same punishment is inflicted when the action which constitutes 
 high treason is undertaken against any State of the German confed- 
 eracy, or the sovereign of the same ; or against another foreign State, 
 or its chief, when, by law, or by particular conventions, this reciprocity 
 is guaranteed and legally pubhshed in the empire of Austria. In this 
 last case, when there are aggravating circumstances, the punishment 
 of aggravated Kerker from five to ten years can be inflicted. 
 
 Whoever seeks to discover circumstances in the mQitary defence of 
 the State, or in the army, with the intention of giving information of the 
 same to the enemy ; or whoever, in time of peace, discovers and betrays 
 the operations which the State has made for its security, is punished as 
 a spy, according to special military laws. 
 
 Sedition and Riot. 
 
 Sedition is the uniting of several persons with the intention of offer- 
 ing resistance to the authorities. The criminal, in such cases, is equally 
 guilty, whether he takes part in the conspiracy from the beginning or 
 ulteriorly. The punishment is Kerlcer, which can reach twenty years. 
 When, by such a conspiracy, resistance is made to the authorities 
 which requires extraordinary measures- to restore peace and good order, 
 it is called riot. When, in this case, martial law is proclaimed, the 
 punishment of death is pronounced against the rioters ; in other cases 
 the ringleaders and those exciting to the riot are punished with aggra- 
 vated Kerker from ten to twenty years, and this punishment is also ap- 
 plied in case of a great degree of malice and danger to life. The other 
 rioters are punished with aggravated Kerlcer from one to five yeai"s, and, 
 when there are aggravating circumstances, from five to ten years. 
 
 Counterfeiting. 
 
 The crime of counterfeiting the bonds of the State, or other public 
 securities, or bank notes, is punished, for principals and accomplices, 
 with aggravated Kerlcer from ten to twenty years. The counterfeiting 
 of coins is punished with aggravated Kerker from five to ten years, and, 
 when there is particular danger or injury, from ten to twenty years. 
 When, nevertheless, the counterfeiting was obvious to every one, the 
 punishment is firom one to five years. 
 
 Crimes against Religion. 
 
 Among the cases of crimes against religion aj-e the inducing a Chris- 
 tian to renounce his religion, and the spreading doctrines contrary to 
 the Christian religion. The punishment for these offences is aggravated 
 Kerker from one to five years, and, when there are aggravating circum- 
 stances, firom five to ten years. / 
 
102 PENAL CODES IN EUKOPE. * 
 
 Bigamy. 
 The punishment of bigamy is simple Kerker from one to five years. 
 
 Extinction of Crimes and Punishments. 
 
 A crime is extinguished : 
 
 1st. By the death of the criminal ; 
 
 2d. By his having undergone the punishment of the same, with the 
 reservation of the further consequences which have been before men- 
 tioned ; 
 
 3d. By pardon ; 
 
 4th. By limitation. 
 
 The limitation for crimes punishable witli Kerker for life takes place 
 after twenty years ; for crimes punishable with Kerker from ten to 
 twenty years, after ten years ; for all other crimes, after five years. 
 The limitation is only admitted when the criminal no longer possesses 
 any advantage from his crime ; when he has, as far as possible, made 
 restitution ; when he has not fled from the country ; and, lastly, when 
 during the period of limitation he has committed no new crimes which 
 have death for penalty. 
 
 After a lapse of .twenty years aggravated Kerker from ten to twenty 
 years only can be pronounced. 
 
 PART II. 
 
 Misdemeanors and Contraventions. 
 
 The punishments for these offences are : 
 
 Fine; 
 
 Confiscation of certain objects ; 
 
 Loss of certain rights and privileges ; 
 
 Imprisonment ; 
 ■ Arrest; 
 
 Flogging; 
 
 Banishment from certain places ; 
 . Banishment from one of the crown-lands of the empire ; 
 
 Banishment from the monarchy. 
 
 The punishment of imprisonment is of two grades : by the first the 
 prisoner is confined in a prison without being put in irons, in which 
 case he can provide his own food, and can choose the labor in which 
 he is to be employed ; the imprisonment of the second grade is called 
 aggravated, {strenger Arrest.) 
 "The prisoner in this case is not put in irons, but is only subjected to 
 the ordinary regulations of the prison concerning food and labor. 
 
 Besides these two grades of imprisonment there is a so-called house 
 arrest, {Ham-Arrest,) which consists in the obligation, on the part of the 
 person so condemned, not to leave his house under any pretext, under 
 
PENAL CODES IN EUROPE. 103 
 
 penalty of expiating the remainder of his term of Ham-Arrest in a pub- 
 lic prison. The court can order a sentry to be placed before the house. 
 The Arrest is from twenty-four hours to six months. 
 
 Flogging of youths under eighteen years, and women, is inflicted with 
 whips ; of others, with rods. The number of the blows cannot exceed 
 twenty. (It is to be remembered that this is for misdemeanors and 
 contraventions.) 
 
 Banishment from the monarchy can only be pronounced against 
 foreigners. Banishment from a town or State is pronounced for a fixed 
 or uncertain time. 
 
 Imprisonment can be aggravated by diminution of food; hard labor; 
 deprivation of bedding, not oftener than twice a week ; isolation, not 
 longer than fifteen days ; solitary confinement in a dark cell, not longer 
 than twenty-four hours. Flogging is only permitted in case of repeti- 
 tion of offences. 
 
 In general a penalty provided by the law cannot be changed — ^with 
 the exception that when the fine is beyond the resources of the person 
 condemned, or when, by the duration of the imprisonment, the property 
 of the prisoner or of his family can receive serious injury, in the first 
 case the fine can be changed to a proportional imprisonment ; in the 
 second case the term of the imprisonment can be reduced to less than 
 the minirnvm term. 
 
 Circumstances which aggravate a Misdemeanor or a Contravention. 
 
 These are : 
 
 Continuation of the punishable action for a long period ; 
 
 Repetition ; 
 
 Serious danger to others resulting from the act ; 
 
 Damage caused by the same ; 
 
 Relationship between the guilty person and the one injured ; 
 
 Seduction of youth or other honest persons; 
 
 Giving pernicious example to one's family ; 
 
 Causing pubUc scandal ; 
 
 The malqng preparations for the criminal action, or removing obsta- 
 cles to the execution of the same ; 
 
 Authorship or ringleadership of a punishable action committed by 
 several persons ; 
 
 Committing of se\-eral misdemeanors or contraventions of different 
 kinds : 
 
 Deceiving the judge by false statem6nts on the part of the accused; 
 
 And, lastly, misdemeanors or contraventions committed against public 
 decency, by a well educated or "accomplished" person. 
 
 Circumstances which extenuate a Ciime o,r Misdemeanor. 
 
 These are : 
 
 Youth; 
 
 Weakness of intellect, and neglected education ; 
 
 Former good behavior ; 
 
 Seduction ; 
 
 Fright, or false idea of dignity; 
 
104 PENAL CODES IN EUROPE. 
 
 Violent excitement of mind ; 
 
 Extreme poverty; 
 
 Non-consummation of the action ; 
 
 Taking less advantage than might have been taken from the action; 
 
 The voluntary abstention from causing greater dama.ge ; 
 
 Reparation of the injury done ; 
 
 Voluntarily bringing to light of the deed, and exposing the accom- 
 plices to the same. 
 
 When several of these extenuating circumstances occur for the same 
 misdemeanor or contravention, and when there is reason to anticipate 
 an improvement of the guilty person, the imprisonment can be miti- 
 gated and the time diminished. 
 
 Misdemeanors and contraventions are either against public society, 
 public establishments, measures for public safety, or the functions of 
 public officers, or against the security of individuals, in life, health, 
 body, property, honor, and reputation, or other rights; and, lastly, 
 against public decency. 
 
 1. Misdemeanors and contraventions against fMic order. 
 
 These are : 
 
 Tumult, (Avflauf,) the punishment for which is imprisonment from 
 one to six months ; 
 
 Participation in secret or prohibited societies, and concealment of the 
 names of members of societies allowed by law — ^the punishment for 
 which is, for the founders, aggravated imprisonment from three months 
 to one year — for those who assist at the meetings, or have relations with 
 the society, imprisonment from one to three months. (Foreigners in 
 such cases are more severely punished, and after expiation of their 
 punishment, are banished from all the States of the monarchy ;) 
 
 Contempt of the acts of the authorities,, and instigation against State 
 or town authorities, or against particular organs of the government, or 
 witnesses, or appraisers (Sachverstandigen,) — the punishment of which is 
 Arrest from one to six months, and, iti particular cases, banishment ; 
 
 Exciting to hostihties against nationalities, religious associations and 
 corporations — the punishment of which is aggravated Arrest from three 
 to six months; 
 
 Insults to a legally recognized church or religious society — the pun- 
 ishment for which is aggravated Arrest from one to six months ; 
 
 Favoring a religious sect forbidden by the State — the punishment of 
 which is Arrest from one to three months ; 
 
 Public profanation by Words or writings of the institutions of mar- 
 riage, pubhc property, or approbation of illegal or immoral actions — 
 the punishment for which is Arrest from one month to one year, and in 
 certain cases, jjanishment; 
 
 Profanation of graves, or opening the same, taking away or ill-treat- 
 ing the bodies, or spoliation of either — ^the punishment of which is Arrest 
 from one month to six months; (in case of spoliation, the punishment 
 for theft is inflicted ;) 
 
 Aid and comfort to a person guilty of a misdemeanor or contraven- 
 tion — the punishment for which is Arrest from eight days to three 
 months ; 
 
PENAL CODES IN EUROPE. 105 
 
 Propagation of false and disquieting intelligence or prophecies — ^the 
 punishment for which is aggravated Arrest from one to three months ; 
 
 Illegal betrayal of confidence (gesetzwidrige Verlautharuvgen) — the 
 punishment for which is An-est firom one to three mouths ; 
 
 Collections or subscriptions to frustrate the legal consequences of a 
 punishable action* — the punishment for which is An-est from fifteen 
 days to three months. 
 
 2. Misdemeanors and contraventions against public establishments, and in op- 
 
 position to measures which concern yublic security. 
 
 These ai-e: 
 
 The inducing an officer to abuse of his authority ; 
 
 Injury by words or deeds to a person having a public character, or 
 engaged in a service protected by the State ; 
 
 Interference in the execution of the public service, defacing of pub- 
 licly posted ordinances and other govermental acts ; 
 
 Breaking of official seals ; 
 
 Disturbance of a public illumination ; 
 
 Damaging bridges, sluices, dams, or other works on streets, roads, or 
 streams ; 
 
 Destruction or damaging of wai'nings* or signals established in order 
 to prevent accident; 
 
 Non-observance of the regulations for reporting to the police the 
 arrival of strangers ; 
 
 Imitation of public notes of credit and of money, without criminal 
 intention ; 
 
 Possession of a printing press without the authorization of the gov- 
 ernment ; 
 
 And the unauthorized manufacture of official seals. 
 
 3. Misdemeanors and contraventions in interference with the dtuies of a public 
 
 officer. 
 
 These are : 
 
 Injury committed by the officer in the exercise of his duty ; 
 Usurpation of the character of a public officer, or the illegal wearing 
 of a uniform, or foreign or national decoration. 
 
 4. Misdemeanors and contraventions against the security of life. 
 
 Every action or omission which by its natural consequences can en- 
 danger the life, health, or corporeal safety of others, when a grave per- 
 sonal injury has followed the same, is punished with Arrest from one to 
 six months ; and, when death results therefrom, with Arrest fi'om six 
 months to one year. 
 
 5. Misdemeanors and contraventions against the health. 
 
 These are : 
 
 Non-observance of the laws respecting quarantines and pest-houses ; 
 
 *When, for example, a subscription is made to defray the fine, damages, restitution of lost 
 caution money, &c. , to which a, person may have been condemned. 
 
106 PENAL Codes in Europe. 
 
 The pollution of springs and reservoirs ; 
 
 Sale of the meat of animals not inspected by the police ; 
 
 Falsification of liquors in a manner dangerous to health. 
 
 6. Other contraventions against jjersonal security. 
 
 These are: 
 
 Voluntary mutilation, in order to escape military service ; 
 
 Ill-treatment of children by their parents, wards, or teachers ; 
 
 Of servants or apprentices by their masters ; 
 
 Encumbering the streets by night ; 
 
 Imprudent driving or riding. 
 
 7. Misdemeanors and contraventions against the security of property. 
 
 These are: 
 
 Non-observance of the regulations concerning the prevention of fires, 
 or the sale of gunpowder, or other inflamablc objects ; 
 Keeping secret a fire which has broken out ; 
 Thefts and embezzlements when not punished as crimes ; 
 Misdemeanors against literary or artistic property ; 
 The malicious injury, of a lower grade, to the property of another ; 
 And, lastly, bankruptcy without fraud. 
 
 8. Misdemeanors and contraventions against honor. 
 
 These are : 
 
 False accusation of a crime, misdemeanor, or contravention, or dis- 
 honorable action ; 
 
 The publication of shameful accounts of private or family life, even 
 Ayhen true ; 
 
 Public insult or maltreatment ; 
 
 Reproach on account of a condemnation to punishment; 
 
 Betraying, by physicians or apothecaries, the secrets of the sick 
 
 9. Misdemeanors and contraventions against 'public decency. 
 
 These are: 
 
 Incest between step-parents and their children ; 
 
 Adultery ; 
 
 Dishonoring, by an inmate of the house, of the daughter, or relations 
 of the head of the family ; 
 
 Seduction by a maid servant of the son, not of full age, of the master; 
 
 Seduction of a person under promise of marriage ; 
 
 Contracting an illegal marriage without a dispensation ; 
 
 Professional prostitution of a married woman, and profiting by the 
 same, on the part of the husband ; 
 
 Pandering ; 
 
 The publication or circulation of indecent pictures or prints ; 
 
 Begging; 
 
 Drunkenness ; 
 
 And, lastly, playing forbidden games of hazard. 
 
PENAL CODES IN EUROPE. 107 
 
 Extinction of Misdemeanors and Contraventions. 
 
 For those misdemeanors and contraventions which have for maximum 
 punishment a7Test of the first degree, without aggravation, or a fine not 
 exceeding fifty guilders, the time of limitation is three months ; when 
 ajrest of the first degree, with aggravation, or a fine not exceeding two 
 hundred guilders, it is six months ; and for all other misdemeanors and 
 contraventions, as well as all cases where loss of rights and privileges 
 are included in the punishment, the period of limitation is one yeiir. 
 
 II. 
 
 Decree concerning the competincy of aiminal courts, and the criminal pro- 
 cedure in cases of high treaso?i, and offences against the sovereign, in those 
 States in which the code of fenal procedure, of tlic 17th January, 1850, 
 is in force. 
 
 From the day of publication of ihis decree, the tribunals called La.nd- 
 gerichte,* established in the capital of the "Crown lands," where the 
 first administrative officer, called Slatthalter, resides, have jurisdiction 
 in cases of the above mentioned crimes. 
 
 The preliminary examination is brought before a tribunal, formed 
 from the Landgerichte, and called Bezirhs'Collegialgerichte. 
 
 By this law, the jury trial in these cases is abolished. 
 
 It is proper to call to mind, here, that in the law of January 17, 1850, 
 above mentioned, the jury was only permit|pd for political crimes. (Since 
 the introduction of the jury in criminal courts in Austria, they have only 
 exercised their functions in affairs of the press.) 
 
 III. 
 
 Decree fixing the competency of the criminal courts in the kingdoms of 
 Hungary, Croatia, and Sclavonic; Servian, " Woitvodschafl," and the 
 " Banat." 
 
 By this decree, the competency of the courts is declared, not only for 
 political, but also for all other crimes. There is no jury. 
 
 The penal criminal courts are : 
 
 The Landgerichte, for grave cases ; 
 
 The Bezirks-Collegialgerichle, of the first class, for misdemeanors ; 
 
 And, lastly, the Bezirksgerichte, the only court in which there is but 
 one judge for contraventions. 
 
 IV. 
 
 Decree concerning the competency and p'ocedure in Siebenburgen- > 
 
 The Landsgerichte take cognizance of crimes and misdemeanors ; the 
 so-caUed Bezirks-Einzelvgerichte, which, as the name signifies, has but 
 one judge, are competent in cases of contravention. 
 
 * Analagous to our county courts. 
 
108 PENAL CODES IN EUROPE. 
 
 Concerning procedure, the decree has estabh'shed that the respective 
 regulations of the penal code of 1803, before treated of, shall remain in 
 
 force. 
 
 General law of the press, for all the States of the empire, with the exception 
 of the military frontiei's. 
 
 In order to issue a periodical publication, an authorization of the 
 police authorities, must be obtained. This authorization is necessary 
 for the proprietor, editor, publisher, and printer. 
 
 Caution-money must be deposited, which, in cities having more than 
 60,000 inhabitants, is 10,000 guilders. In cities having between 30,000 
 and 60,000 inhabitantSj 7,000 guilders. In all other cities or towns, 
 5,000 guilders. 
 
 If the publication appears less than three times a week, the caution- 
 money is reduced one-half. 
 
 When a publication constantly pursues a course in opposition to the 
 throne, the monarchical government, political unity, the integrity of 
 the empire, the unity of religion, and to public decency and good order, 
 the same can, after two written warnings, be suspended for three 
 months. The suspension for a longer period, and the withdrawal of 
 authorization, can only be pronounced by the president of the police. 
 The non-observance of the regulations of the press is punished with 
 fine and arrest. 
 
 The persons who co-operati in the editorship, publication, printing, 
 or propagation, are all responsible. 
 
 The Bezirks-Collegialgerichte have jurisdiction over offences of the 
 press in those States in which the code of penal procedure of the 17th 
 of January; 1850, is in force; for all other States the Collegial-Strqfge- 
 richte is the competent tribunal. 
 
 The term of limitation of all offences of the press is six months. 
 
 THIRD PART. 
 
 PROGRESS OF THE CODIFICATION OF PENAL LAWS IN THE VARIOUS 
 
 EUROPEAN STATES. 
 
 After having given the history of codification in France and Ger- 
 many, it will not be without interest to trace the progress of other 
 States of Europe in respect to penal legislation, although their laws 
 are less developed in this respect than in the two counti'ies just named. 
 It will serve at least to show that the tendency to codify penal laws 
 has always been greater than to codify civil laws, and that most of the 
 European States now possess penal codes. 
 
 The elements in which the laws have their origin, and the develop- 
 ment of the great principles which are at the foundation of penal legis- 
 
PENAL CODES IN EUROPE. 109 
 
 lation, will "only be given in this sketch ; for, so far as the details are 
 concerned, the most important provisions of the European codes have 
 been borrowed from the French. 
 
 SWITZERLAND. 
 
 In Switzerland there are numerous penal codes which have been 
 promulgated within the last few years by particular cantons. 
 
 The history of codification here commences with its independence of 
 France, the laws being in their origin partly French and partly Ger- 
 man, (Carolina Criminalis.) 
 
 The best codes among those which nearly every canton possesses 
 are: In the canton of Lucerne, the code of 1836; in Turgau, of 1841, 
 (this code is copied from that of Baden ;) in Zurich, of 1835 ; in Vaud, 
 of 1843; in Basle, of 1821; in Berne, of 1843. The oldest codes of 
 Switzerland as those of Argau, of 1804 ; and the two codes of Saint 
 Gallen; the Code Correclioimd of 1800, and the Code Criminel of 1817; 
 lastly, that of Tessin, ol" 1816. 
 
 These codes are founded, for the most part, on the penal code of 
 France, writh modifications of the German jurists. Those of the last 
 ten years are almost literally taken from the German codes. 
 
 Most of the cantons have also codified their system of penal proce- 
 dure. Owing to the political organization of these small republics, this 
 system is extremely simple, without TJ/sing more liberal than the 
 French ; the jury, for example, did not exist before the year 1842. 
 The code of procedure of the canton of Vaud is the same as that of 
 France, vvith the exception of the jury. In other cantons publicity of 
 trial is limited, as in Zurich, Lucerne, Berne, and Turgau, the public 
 being only admitted into the courts to hear the judgment. Single 
 judges take the place of the colleges which exist in the courts of France. 
 The punishments are milder,. the penalty of degradation being almost 
 unknown. 
 
 THE ITALIAN STATES. 
 
 In Italy a number of penal codes have been promulgated within the 
 past few years. 
 
 TUSCANY. 
 
 In Tuscany a project of a new penal code is prepared and published. 
 
 The reports on the first book, (Rapporto del liliro primo del Projelto de 
 
 ■ Codicl dci deliui e deUe Coro pern ; Firenzc, 1850,) and on the second, 
 
110 PENAL CODES IN EUROPE. 
 
 (Rapporto del libra secondo ; Firenze, 1851,) were made by a commis- 
 sion, in which the most celebrated Italian jurists took part. 
 
 In this project it is worthy of I'eniark that the influence exercised by 
 the earlier Italian philosophers, and more especially the author of the 
 celebrated work, " Dei delitti e delle peree," (Beccaria,) is particularly 
 visible. 
 
 It is remarkable for the clearness and the simplicity of its system of 
 punishments — for the abolition of capital punishment, for the gradations 
 of imprisonment, for its theory of restricted isolation, and for its modifi- 
 cations of infamous punishments. 
 
 In case of criminal attempts and complicity, the punishments are 
 regulated in proportion to the participation and the degree of criminal 
 intention, and the material results of the same. 
 
 As 'regards extenuating circumstances, the theory of the French 
 revised penal code of the year 1832 is adopted, by which, in these 
 cases, the judge can reduce the punishment below the minimum laid 
 down in the law. 
 
 The definitions of crimes and their modifications are precise and 
 clear. 
 
 THE ROMAN STATES. 
 
 A similar report of penal k.w in Italy is that for the Roman States 
 of the year 1847. The present pope had instituted a commission for 
 this purpose, in which the celebrated jurist Juliani took part. 
 
 This project has very great similarity with the Tuscan. The prin- 
 cipal points of difference are, that the punishment of deatli is main- 
 tamed, and can even be aggravated, and is pronounced in numerous 
 cases, as, for example, infanticide, &c., &c. 
 
 The punishment of the galleys, and of hard labor, which are intro- 
 duced in this project, do not find a place. in the Tuscan code. 
 
 In case of extenuating circumstances the minimum of the legal pun- 
 ishments cannot be diminished ; and, lastly, the discretion of the judge 
 is limited, as the miiiimum of punishments is in general very high. 
 
 However great these differences may be in the systems of punish- 
 ment, nevertheless, in the other portions of this pppject, the greatest 
 analogy exists with the Tuscan. 
 
 THE PENAL CODE OF SARDINIA. 
 
 The penal legislation of this State is based on the French code penah 
 In 1839 the penal code now in force in Sardinia was promulgated, the 
 code of civil laws haying been in force since 1837. The object of its 
 authors was, says the; king, in the proclamation which accompanies it. 
 
PENAL CODES IN EUROPE. Ill 
 
 " the composition of a penal code which should be equal for all, and 
 based on certain principles which should furnish the magistrate the 
 rules suitable for his guidance m the application of the punishments ; 
 in according to him, nevertheless, a discretionary power needed in 
 numerous circumstances which the law cannot provide for." 
 
 Like the Code Penal of France, a preliminary chapter precedes the 
 first book, which treats of punishments and general rules for their exe- 
 cution. 
 
 The second book treats of crimes and misdemeanors. 
 
 The third book treats of contraventions and their punishments. 
 
 It is in the system of punishments that it differs most from the French 
 code, the penalties of civil death and ignominy not being retained ; 
 the interdiction of holding a public office being the only degrading pun- 
 ishment. There are two new kinds of correctional punishments, the 
 Confino and local exile. There is also a simple detention for offenders 
 of tender years, or having little discernment, (Ergastolo.) 
 
 The Confino consists in the obligation imposed on the delinquent to 
 dwell in a designated commune, distant one and a half myriametres at 
 least fi'om the place of the commission of the misdemeanor, or from the 
 commune where the injured party resides. 
 
 By local exile, is understood the banishment from the commune in 
 which the person resides, for a distance of three myriametres from the 
 commune where the ofience was committed, and from the domicil of 
 the injured party. 
 
 There is in this code a special category of accessory punishments, 
 not to be found in the French code ; they are, the pillory ; the apology, 
 the interdiction, or suspension of the exercise of an employment or 
 profession, business or art ; the surveillance of the police ; the submis- 
 sion and the admonition. 
 
 The apology consists in the avowal of his culpability made by the 
 delinquent before the judge, and the praying for forgiveness, and the 
 promising not to commit another ofience. 
 
 The submission consists in the promise made before the judge either 
 not to commit again the action for which he is to be punished, or to 
 conform himself to what has been prescribed to him. 
 
 By the admonition is understood the censure of the judge pronounced 
 against a person, on account of illegal actions, words, or writings, and 
 the warnmg that in case oi" repetition he will incur the severest punish- 
 ment laid down in the law. 
 
 There are some modifications of the French law in regard to compli- 
 city and attempt. 
 
 The perpetrators and the accomplices, without whose co-oporation 
 the offence could not have been committed, receive the same punish- 
 ment ; whilst the other accomplices incur penalties two or three degrees 
 lighter. 
 
 The attempt does not receive the same punishment as the consum- 
 mated offence, but the punishment is diminished from two to three 
 degrees according as the execution was more or less distant. This 
 principle is observed for crimes and misdemeanors. 
 
 When several crifnes or misdemeanors are committed by the same 
 
312 
 
 PENAL CODES IN EUROPE. 
 
 person, the principle is observed of accumulating all the punishments 
 when possible. 
 
 It is a peculiarity of this code, that it admits of no limitation for a 
 large number of crimes, such as high treason, parricide, poisoning, 
 homicide in certain cases, robbery accompanied by murder, and arson. 
 When however, an individual guilty of any of these crimes, excepting 
 the two first, is arrested twenty years after the commission of the same,, 
 the punishment for it is diminished by one degree. There is no limi- 
 tation after condemnation to death, or hard labor for life. 
 
 These are the principal points of difference between the penal codes 
 of Sardinia and of France. The special part resembles too nearly the 
 French code to require an analysis of it. 
 
 PENAL CODE OF RUSSIA. 
 
 In Russia the oldest collection of penal laws is contained in the 
 " Frawia Russkaja'^ of the year 1020. This law continued in force till 
 the general code, which was promulgated in 1649, by Alexis Miohael- 
 ovitch, and called the " Vloschenie^" As but a small portion of this 
 code was devoted to penal law, and that portion consisting of most 
 arbitrary prescriptions^ a commission was named, about the beginning 
 of the year 1700, to prepare Radical reformation of criminal law, which, 
 under Peter the Great, was employed with great activity on this 'wrork, 
 but has, however, but just t)rought its labors to an end. 
 
 The present eriiperor promulgated on the 1st of May,' 1846, the ex- 
 isting penal code. The spirit of this code may be seen by the following 
 extract from the imperial proclamation that announced its promulgation. 
 " It was necessary to introduce order and clearness in the laws, in 
 order to guarantee the security and rights of my well-beloved subjects. 
 For this reason We have caused general laws to be prepared, by which 
 operation, without leaving the fundamental cases of the national legis- 
 lation, the existing laws are completed and brought into conformity 
 with the social condition of the people, and the exigencies of usage ; so 
 that all infractions may be specified in a more precise and satisfactory 
 manner than is done in the existing laws, without omitting their differ- 
 ent modifications or their aggravating and attenuating circumstances ; 
 in short, that each misdemeanor shall have a fixed penalty or repression 
 analogous to its nature, and proportioned to its culpability, in order to 
 interdict, as far as is possible, arbitrariness in the judgment, and to 
 place the criminal under the direct action of the law alone. 
 
 "The penal code has been discussed and amended in a special com- 
 mittee, composed of the minister of justice, the senators and attorney 
 general, rectified after observations from all the other ministries and 
 administration, and finally examined by a commission taken from the 
 council of the empire, preparatory to being brought definitively before 
 the general assembly." 
 
PENAL CODES IN EUROPE. US' 
 
 This code, called "code of capital and correctional punishments," 
 holds the middle ground between a systematic code, and a simple re- 
 vised collection of the laws and statutes, (Svote,) which had heretofore 
 existed. 
 
 It is divided into chapters. In the first chapter of this code, which 
 treats of general principles, the co-operation of the German jurists who 
 were entrusted by the emperor with the labor is very evident. 
 
 The system of punishments, which, as the emperor expressed it, 
 must be in conformity to the customs and intelligence of the population, 
 is characteristic, and will be referred to later. 
 
 The second chapter is devoted to oflfences against religion. 
 
 The third chapter treats of high treason and political crimes. 
 
 The fourth chapter treats of resistance against the constituted 
 authorities. 
 
 The fifth treats of prevarication of public functionaries. 
 
 The sixth treats of contraventions against the regulations concerning 
 the collection of taxes, and the military service. 
 
 The seventh chapter treats of contraventions and transgressions 
 against public order and the general weal. 
 
 The eighth treats of contraventions and misdemeanors against life, 
 health, honor, and individual freedom. 
 
 The ninth treats of contraventions against the fundamental principles 
 and laws of family. 
 
 The tenth treats of contraventions and misdemeanors against property. 
 
 Punishments. 
 
 These are either capital or correctional — capital punishments are 
 those which admit of no possibility of amendment, or of recovering the 
 former social position. , They are either privileged or non-privileged. 
 The first are only applied to the higher classes of subjects. 
 
 1st. The privileged capital punishnients are death, hard labor, "col- 
 onizing" in Siberia, and colonizing beyond the Caucasus. 
 
 2d. For the non-privileged class, the first and fourth puhishments are 
 adopted equally ; but the second and third punishments ai'e aggravated 
 by flogging and branding. 
 
 The correctional punishments for the privileged classes are — 
 
 Isti Temporary local exile in Siberia — for the non-privileged classes, 
 temporary incorporation in a discipUnavy regiment ; 
 
 2d. For the privileged classes, temporary local exile to other parts 
 than Siberia; for the non-privileged, confinement in a prison, witli 
 compulsory labor. 
 
 The third punishment is confinement in a fortress. 
 
 The fourth, imprisonment in a house of correction. 
 
 The fifth, imprisonment in a jail. 
 
 The sixth, arrest for a short term. 
 
 The seventh, reprimand by the judge, and fine. 
 
 These punishments admit of various gradations — a celebrated Rus- 
 sian jurist* makes out from this code no less than forty-one kmds of 
 punishment. 
 
 * Thiss, councillor of state. 
 
114 PEXAX CODES IN EUROPE. 
 
 Consequences of Funishments. 
 
 These are, either civil death, which affects not only the criminal, 
 but also his family; deprivation of particular privileged rights belong- 
 ing, to the condemned, according to the class to which he belongs; 
 lastly, loss of rights, which can only be executed at a late period, such 
 as the right to be elector or elected. Besides these, there are certain 
 accessory punishments, which can in every case be inflicted in con- 
 nexion with the principal punishments, religious expiation, confiscation, 
 publication of the sentence, banishment, surveillance of the police, and 
 lastly, solicitation for pardon. 
 
 By an imperial ukase of the month of April, 1846, the punishment 
 of the knout was abohshed and replaced by the whip. Thirty lashes 
 count as ten blows of the knout, and ten to twenty blows of the knout 
 are replaced by fifty lashes. 
 
 The great rigor of this penal system lays in the power given the 
 judge to accumulate various punishments for the same case. 
 
 Criminal Procedure. 
 
 This code contains nothing respecting criminal procedure or the 
 organization of the courts. The systems in force in Russia are those 
 instituted by Catherine II. Any modifications which may have been 
 made since her time are rather in the form than the spirit of the law. 
 
 A criminal court exists in the capital of every province, which is 
 composed of a president, named by the nobility ; of a counsellor, named 
 by the government ; of four other counsellors or assessors, of whom 
 two are named by the nobles, two by the burghers.* There is also a 
 public prosecutor, who is charged to see to the regularity of the pro- 
 cedure, and who depends on the minister of justice. 
 
 In the districts is a tribunal of first instance, which judges both civil 
 and criminal affairs. It. is composed of a president and two assessors, 
 named by the nobles. A substitute (Striaptchi) takes the place of the 
 procureur. 
 
 There is also a tribunal of police in every district, (Zemshj Sond,) 
 which, nevertheless, gives no definite judgment, but is charged with 
 the inquest of cases, and in general with the execution of the ordinances 
 of the penal courts. 
 
 This court consists of the chief of police, {IspravTuk,) named by the 
 nobles, and of two commissioners, who formerly were named by the 
 peasants, but are now named by the nobles. 
 
 The criminal courts of the provinces decide without appeal on all 
 those persons who can be decapitated if sentenced to death. When 
 the governoi: of a province make no opposition to the sentence, it is ex- 
 cuted ; in case of opposition, it is brought before the senate. This 
 power of the criminal courts of the provinces is greater than that of the 
 civil courts, which only judge in last instance in affau-s of over five hun- 
 dred roubles, and an appeal is always admitted to the senate when the 
 causp in litigation exceeds that amount. 
 
 * If the accused is a noble, the four are named by the nobles. 
 
PENAL CODES IN EUROPE. 115 
 
 When the person condemned to death is a noble, the sentence can only 
 be executed when confirmed by the senate, the council of state, ana • 
 the emperor. In this case, the procedure is as foUows : the case goes 
 from the tribunal of first instance to the section on civil affairs, where 
 the same is examined with the co-operation of the public prosecutor. 
 It then goes before the ylcnum of the senate, in which the minister of 
 justice gives his opinion, aiter having consulted a special commission, 
 consisting of some jurists and the prosecutor of the senate. The case 
 then goes before the Council of State, where it is first examined by the 
 proper committee, and then by the general assembly. 
 
 After, in this maimer, seven stages of jurisdiction are passed, the 
 affair is laid before the emperor for final action. 
 
 The procedure is documentary, the right of defence not recognised, 
 but the accused can present a petition to the court through a sort of 
 agent, who has not the consideration or position of counsel. This pe- 
 tition is not necessary, but facultative only, and the accused can even 
 be sentenced, without having personally appeared before the court, 
 after having been examined by the police court of the district. 
 
 THE PENAL CODE OF TURKEY. 
 
 Another absolute State, Turkey, has also a code which was promul- 
 gated before the one just spoken of. It is one of the most curious that 
 exists, containing in fourteen small articles all the dispositions of penal 
 law for that country. It depends upon a kind of constitution or charter 
 called " Hatti Sheriff." The present sultan accords in this act equality 
 before the law, without any particular parliamentary right. 
 
 The code, which is the continuation of it, commences with the re- 
 cognition of the equality of all before the law. Besides this there are 
 no general principles laid down, the fourteen articles containing four- 
 teen special cases of punishable actions with their penalties. 
 
 Article 1 treats of capital crimes ; 
 
 Article 2. Of high treason; 
 
 Articles. Of libel; 
 
 Article 4. Of theft ; 
 
 Articles 5 and 6. Of bribery ; 
 
 Article 7. Of infidelity of officers and agents of government ; 
 
 Article 8. Of refusal of imposts ; 
 
 Article 9. Of assault; 
 
 Article 10. Of want of respect to the government and its agents ; 
 
 Aiticle 11. Of highway robbery and violence; 
 
 Article 12 Of conduct of masters towards their subordinates ; 
 
 Article 13 gives exemplary punishments of superior officers of state 
 who are guilty of abuse of their functions, and forbids their being con- 
 cerned in other business ; 
 
 Article 14 forms the conclusion of the code, and contains the max- 
 im that all subjects are equal before the law. 
 
316 PENAL CODES IN EUROPE- 
 
 This code distinguishes two kinds of offences, those of words: and 
 those of deeds. 
 
 He who excites by words to revolt is punished with death ; 
 
 He who by words or deeds injures another, is judged by the council 
 of justice in Constantinople, and the local councils in the provinces, 
 and punished with imprisonment, of long or short duration. 
 
 Theft is punished " because his Highness the Sultan has abstained 
 from stealing." The punishment of theft is restitution of the stolen ob- 
 ject, exile for a year, and, when the thief is a functionary of the gov- 
 ernment, removal from office. 
 
 The accepting a bribe by a public officer is lbi*bidden, because, as 
 the law adds, " all officers are sufficiently remunerated." The pun- 
 ishment is removal from office and hard labor for three years. If the 
 officer is employed- by the government, he is sentenced to the galleys; 
 and, if ail; officer of finance, is punished with five years at hard labor. 
 
 The persons who are charged with the receipts and paynxents of the 
 empire must render an account yearly, which must be revised by the 
 council of justice. In case of a deficit, the officer is compelled to re- 
 fund the same, and loses his office. 
 
 There are three iiinds of authority : justice, exercised by the court, 
 Jnans ; police, exercised by the Mochirs, charged with the preservation 
 of good order ; and the authority of the Moukassils, charged to levy the 
 imposts and to send them, at proper periods, to the minister of finance 
 at Constantinople. These three authorities * must harmonise with 
 each other. In case of discord " the one in the wrong shall be pun- 
 ished." 
 
 Those who refuse to pay the taxes on their property, are punished 
 with imprisonment ; those who resist with weapons are punished with 
 hard labor for three years ; if a wound is caused thereby, with hard 
 labor for five yeai's, and to payment of the costs of healing thei person ; 
 if he dies, capital punishment is inflicted. 
 
 He who attacks another with weapons is punished with hard labor- 
 for a year ; if a wound is given, the penalty is hard labor for three 
 years, and if death follows capital punishment is inflicted. 
 
 Robbery is punished with seven years hard labor. 
 
 Immodesty and insubordination are punished with " a penalty cor- 
 responding to the offence." 
 
 Certain high officers, like the Mouhassits, the Hakims, and the military 
 governors, receive "exemplary punishments " when guilty of infraction 
 of .these laws. 
 
 This code is, as will have been observed, for officers of the govern- 
 ment rather than for individual subjects. As may be imagined, the 
 old usages and system of punishment continue in force with it. The 
 w^hole substance of it has been given. 
 
PENAL CODES IN EUE0PI5. 
 
 THE PENAL CODE OF BELGIUM. 
 
 Ii7 
 
 I#Belgium, the French penal codes are in vigor ; nevertheless, a 
 bill for a new system of penal laws is now pending before the chambers. 
 
 In 1848, a commission was named by the minister of justice, which 
 was charged with the preparation of a new penal code. In the fol- 
 lowing year a commission was named for revising the code of penal 
 procedure. The first named commission has prepared a project, con- 
 sisting of two books, the one general, the other special, which was laid 
 before the chambers, and a commission named by them made a report 
 on the same, in the sitting of the 2d of July, 1851. The discussion 
 was adjourned to the next session, when the amended project was 
 adopted. A report on the same has just been laid before the senate, 
 (24th of March, 1852,) prepared by the commission named by that 
 body, which proposes some unimportant modifications. 
 
 These reports, which include only the general principles of criminal 
 lawj being the first book, differ from the French code, in respect to 
 the principles of the punishments and their effects, and also in respect to 
 criminal attempts, repetition, and accumulation of offences and crimes. 
 
 The peine afflictive et infamartte is abolished. 
 
 The penalties of transportation, branding, general confiscation, pil- 
 lory, banishment, civic degradation, and mutilation, in case of parricide, 
 are abolished. 
 
 Punishment of death is abolished for political offences, imprisoniiieiit 
 in a fortress for twenty years taking its place. 
 
 Pu7iishments. 
 
 The following are the punishments proposed : death ; hard labor for 
 life, or for a term of from ten to fifteen, or fifteen to twenty years ; itn- 
 prisonment in a fortress (dStention) from five to ten or from ten to fifteen 
 years ; confinement from five to ten years. 
 
 These four penalties are regarded as criminal punishments {pdnts 
 crimnelles.) 
 
 The punishments which are not peines criminelles, are: confinement for 
 at least eight days, and for police offences not more than seven days ; 
 fine, for crimes and misdemeanors, at least twenty-six francs ; and for 
 contraventions, from one to twenty-five francs ; the special confiscation 
 of objects which have been used in the commission of an offence or 
 have been produced by the same. 
 
 Punishments which are common to correctional and criminal offences, 
 are : interdiction of certain civil and political rights, and the special sur- 
 veillance of the police, the effects of which are entirely analogous to 
 those of the French code of 1832. 
 
 The last modification of this report in the system of punishments, is 
 the introduction of the cellulai" system for those condemned to hard 
 labor and confinement in prisons, called maisons deforce and maisons ie 
 rSclvsion. 
 
118 PENAL CODES IN EUROPE- 
 
 Attempl. 
 
 An attempt, according to these reports, exists when the " resolution 
 to commit a crime or misdemeanor has been manifested by any es^rnal 
 acts, which form a commencement of execution of the crime or misde- 
 meanor, and which have only been supended; or failed in their effect, 
 owing to circumstances independent of the will of the author." 
 
 It is seen by this, that the law, unLke nearly all other systems, re- 
 cognizes only one kind of attempt, and makes no difference between 
 those which are direct or indirect attempts. 
 
 The Belgian law, unlike the French, does not inflict the penalty of the 
 consummated offence, but with the " punishment immediately inferior 
 to that inflicted for the crime itself." Nevertheless, for misdemeanors, 
 the rule of the French code is observed, the punishment being inflicted 
 only in cases specially laid down in the law. 
 
 Accumulation of Different Offences. 
 
 In respect to accumulation of different offences, the Belgian legisla- 
 , tion has introduced the principle of the Roman law, that the greater 
 
 {lunishmeijt suspends the lesser, ('pane major ahsorhet minorem,) neverthe- 
 ess, this principle is only applicable to crimes; for in cases of several 
 contraventions, the punishment is pronounced for each ; in case of cu- 
 mulation of misdemeanors, with one or more contraventions, the fine is 
 paid for each, and the punishment of correctional confinement absorbs 
 that of police imprisonment. In case of several misdemeanors, the 
 punishments are inflicted for 'each ; nevertheless, without exceeding the 
 double of the maximum of the severest penalty. When, however, a 
 crime, and one or several misdemeanors or contraventions, are commit- 
 ted, the punishment tor the crime alone is inflicted. 
 
 The report to the senate proposes, as an amendment to this, that the 
 punishment pronounced for several crimes can be increased for five 
 years over the ordinary term of punishment, when one of these crimes 
 has for penalty hard labor, or confinement or recluskm. By " severest 
 penalty" is understood that of which the duration is the longest; when 
 they are for the same term, that of hard labor and reclusimi are regarded 
 as severer than confinement in a fortress. 
 
 Complicity. 
 
 Touching complicity, there are some important changes. The ac- 
 complice to a crime being punished with a penalty immediately infe- 
 rior to the punishment which would have been pronounced if he were 
 the perpetrator of the same. The punishment for complicity to a mis- 
 demeanor can never exceed two-thirds of the punishment of the perpe- 
 trator. The following, however, are considered as accomplices to a 
 crime or misdemeanor : those who have given instructions to commit 
 the same; those who have procured weapons, instruments, or other 
 means which have served for the offence, knowing that they were to 
 serve for the same ; those who knowingly have aided or assisted the 
 author or authors of the crime or misdemeanor in .the actions which 
 have prepared, or facilitated, or consummated the deed. 
 
PENAL CODES IN EUROPE. 119 
 
 Repelitian of Offences. ^. 
 
 Concerning repetition (recidive) there ai-e but few modifications from 
 the French system. The punishment for the repetition of an offence 
 is pronounced in case of a previous criminal or correctional punishment. 
 Whoever has been condemned to a criminal punishment, or to a cor- 
 rectional imprisonment of more than six months, and commits afterwards 
 a misdemeanor, can be punished by a penalty double to the maximum 
 of the punishment of the misdompanor. He can also be condemned to 
 surveillance of the police from five to ten years. 
 
 THE PENAL LAWS OF HOLLAND. 
 
 In Holland the French Code Penal is also adopted, and is still in 
 force ; nevertheless, action has bt^en taken in the legislative bodies on 
 this subject, which will soon lead to some reformations. 
 
 In 1839, the first book of a new penal code was accepted by the le- 
 gislative chambers ; it was not promulgated. The most important dis- 
 positions of this part of a code which fixed the nature of offences and 
 the kinds of punishments, is the recognition of the Auburn penitentiary 
 system, of separatioh of the prisoners at night, and working in common 
 and in silence by day. 
 
 In 1843 the Stats Generaux discussed the second book — the special 
 portion of the code. On this occasion, the question of a penitentiary 
 system was again brought up ; and by a neW resolution the system of 
 solitary confinement was adopted. On account of this important deci- 
 sion, the first part, (the law of 1839,) was repealed, and a new commis- 
 sion named, in order to review the bill of 1839 on the bases of the new 
 penitentiary system. In 1846 this was laid before the chambers and 
 adopted. The second, or special book, ^vill soon be laid before the 
 assembly. 
 
 A new code of penal procedure has been in force since ]839; it is 
 grounded for the most part on the French code of instruction criminelle. 
 
 PENAL LAWS OF DENMARK AND SWEDEN. 
 
 In Demark there exist no particular codification of penal laws. 
 There is a collection of laws published in the year 1683, by Christina 
 v., called '■'■ Danlcselov" which repealed an earlier compilation, called 
 " Jutsche-Lov," introduced by Waldemir II, in 1241. 
 
 Denmark holds the lowest rank among the European States in 
 regard to the codification of penal laws. 
 
 Sweden is in a similar condition, there being no separate codification 
 of penal laws, but a compilation of statutes published in 1734. 
 
120 PENAL CODES IN EUROPE. 
 
 * PENAL LAWS OF GREECE, 
 
 Greece has a new penal code, promulgated in 1834. Governed bj 
 a Bavarian prince, the principles of Feuerbach found ready access 
 here ; those of the French penal code are also very generally recog- 
 nized. On account of this union of German and F-rench regulations, 
 the different punishments are very severe, and the laws are not dis- 
 tinguished, by those milder principles which are accepted in the modern 
 criminal laws of Germaoy, in contradictioa to Feuerbach's system. 
 
 The French code of criminal procedure was introduced in this 
 country in 1834. 
 
 PENAL LAWS OF PORTUGAL. 
 
 The first collection of penal laws in Portugal was published under 
 Alphonse V, in 1481 ; it was based on the Spanish compilation of laws, 
 called Las Siete Partidas. ■ Other compilations followed during the 
 reigns of Philippe II and Emmanuel, (1777.) This last, with many 
 edicts and statutes of later dates, form the basis of the actual penal 
 'legislation of this country. 
 
 The French code of penal procedure was introduced in 1837. 
 
 THE PENAL CODE OF SPAIN. 
 
 Spain has had a penal code since the year 1848. Before that time, 
 the penal legislation in this country was in a very confused state. The 
 oldest monument of Spanish jurisprudence is the so called " Fnero 
 Juzgo" of the 8lh century. This was followed by a compilation pub- 
 lished in the year 1265 — " Las Siete Partidas," and in 1556, a new 
 collection of Spanish laws was given out, entitled " Itecojnlacion de las 
 Leyes de Espann." This new penal code contains the principles laid 
 down in these compilations, expressed carefially and laconically; the 
 last compilation of the year 1808 being more pai-ticulai-ly the basis of it. 
 
 The circumstances which aggravate or extenuate a crime are speci- 
 ally enumerated in this code, which is a peculiarity of it worthy of par- 
 ticular remark — ^the aggravating circumstances depend generally on 
 grounds personal to the criminal. The judge, when these occur, can 
 condemn to a punishment equal to the maximum, but not over, as in 
 the French code. 
 
PENAL CODES IN EUROPE- 121 
 
 Ciircumstances which Aggravate an Offence. 
 
 These are the following : when the offender is an ascendant, de^ 
 scendant, brother, or sister, or of the same grade of relationship 
 by marriage, or spouse of the injured person; when the offence 
 has been committed in consequence of bribe, promise, or recom- 
 pense ; when with premeditation, craft, fraud, or disguise ; when 
 with abuse of power or trust, or employment of means to render 
 the injured person helpless ; when with usurpation of the char- 
 acter of a public officer, if in order to commit another offence ; wh'en 
 committed on the occasion of a fire, shipwreck or other calamity ; 
 when with the help of armed men, or of those who can assure impunity 
 for the time being; when by night, or in isolated places ; when with 
 oflence against the authorities or their residence, or in a house of wor- 
 ship, or consecrated place ; when with contempt for the consideration 
 due to t^e injured persons, on account of their dignities, age, or sex, or 
 in their house ; when by means of force, false keys, or escalade, or with 
 prohibited weapons. Lastly, circumstances analogous to the above 
 named are included in this category. 
 
 Extenuating Circumstances. 
 
 These are the following : when the guilty person is under eigh- 
 teen years of age; when he had not the intention to cause all the 
 evil which he has produced ; when iie was provoked or menaced 
 by the injured party; when he avenges an injury or insult to him 
 or his relations ; when in a state of inebriation which is not habitual 
 to him, and which does not date from before the project to commit 
 the ofience ; when in a state of anger or great mental excitement. 
 
 Cases where no Punishment Occurs. 
 
 From these cases are to be distinguished those in which there is no 
 punishment. 
 , Are not punished : children under nine years of age ; children be- 
 tween the ages of nine and fifteen years, who have acted without dis- 
 cernment; those who are attacked in their honor, property, or relations, 
 and defend the same. The condition in this last case is, that the attack 
 be unprovoked, and that the hmits of defence be not exceeded ;* those 
 who are excited to the same by an irresistible power peculiar to them- 
 selves, or by an invincible fear of a great injury ; and whoever per- 
 forms a duty or executes a legal order. 
 
 PunisJiments. 
 
 The punishments of this code are : 
 
 Death ; 
 
 Loss of liberty ; 
 
 Degradation ; 
 
 Fine. 
 
 * This condition was establisiied in the old Roman law ; a very significatiTe ezpreoMa 
 contains this idea: "moderamen inculpatae tutelae." 
 
122 PENAL CODES IN EUROPE 
 
 The endeavor to render the punishments divisible, according to the 
 theory of Bentham, and, where the nature of the punishment allows, 
 to establish as many grades as possible, is characteristic to this code. 
 
 Capital punishment is executed in public on a day which is neither 
 a feast-day of the cliurch nor of the nation. The criminal is clad in a 
 black mantle, and drawn in a cart to the place of execution, accompa- 
 nied by a public crier, who repeats the sentence in a loud voice ; the 
 manner of execution is by the garotte, or strangulation by means of the 
 tightening of an iron band, which passes round the neck ; it is aggra- 
 vated for the parricide and for the regicide ; in the last case the crimi- 
 nal is mounted on an ass, and led to the place of execution ; he is clad 
 in a yellow mantle and cap, both spotted with red. The execution of 
 the regicide takes place at the same hour of the day as the commission 
 of the crime. After the execution, the body is exposed till one hour 
 before nightfall.* The body is given to the iamily, but not to the wife 
 of the criminal, if she is with child, — nor, in such case, is the sentence 
 ' even communicated to her. ' 
 
 The fine must correspond to the means of the person condemned. In 
 case of insolvability one duro (dollar) counts as one day of imprison- 
 naenU 
 
 Auemft. 
 
 Criminal attempt is a direct commencettient of execution, by external 
 abts, the realization of which is hindered by causes independent of the 
 will of the author ; the punishment is two degrees inferior to that of the 
 perpetrator. 
 
 Complicity. 
 
 Accomplices are those who co-operate in the execution of a punish- 
 able action, by acts simultaneous or anterior to the ofience; and those 
 who give asylum to a criminal, or co-operation to his flight, when he 
 is not a relation. In these last two cases an exemption is admitted in 
 favor of near relatives of the criminal. The punishment of the accom- 
 plice is one grade lighter than that of the principal offender. 
 
 ' Political Crimes. 
 
 ■ By an ordinance of the month of April, 1852, the provisions of the 
 penal code concerning political crimes, and concerning the competency 
 of courts for the trial of offences of the press, were altered. 
 
 The jury is abolished for all kinds of political offences, and the cor- 
 rection^ courts decide on the same in first instance, and the royal court 
 of appeals in second instance. Exceptionally, a jury decide in afl?airs of 
 the press, but it is a newly oi-ganized jury, which is composed of the 
 notables, pnd those paying the greatest taxes. 
 
 Misdemeanors against the king are punished with imprisonment from 
 one to six years, and with fine of from 20,000 to 60,000' reals. The 
 
 * Morino, who, as ia well known, made an attempt on the life of the queon, in February, 
 1852, was the first person in Spam who incurred this penalty j he was executed in tlie man- 
 ner described abore. 
 
PENAL CODES IN EUROPE. 123 
 
 person condemned for the same is declared incapable of holding office, 
 or of wearing a decoration. 
 
 A tiiisdemeanor against the royal family is punished with imprison- 
 ment from six months to two years, and fine from 10,000 to 30,000 
 reals, and with temporary suppression of functions, honors, and deco- 
 rations. 
 
 Misdemeanors against the security of the State, or public order, are 
 punished with imprisonment from one month to three years, and with 
 fine from 5,000 to 25,000 reals. 
 
 Latos concemmg the Press. 
 
 This decree contains, besides, new provisions concerning, the press, 
 and the conditions required to become an editor. He must be twenty- 
 five 3'ears old, domiciled for one year in the place where the journal is 
 publish^, in full possession of all civil and political rights, and pay 
 2,000 reals, or in the provinces a smaller sum, direct. taxes., Besides, 
 the editor must deposit caution money, which, in Madrid, must be 
 120,000 reals, and in the provinces proportionally lower, 
 
 A last regulation of this decree is, that misdemeanors against the 
 king, the royal family, religion, and the security of the State, and 
 against foreign sovereigns, shaU be judged by the supreme court, 
 which consists of at least nine members. 
 
 CONCLUSION. 
 
 Having thus given the history and present condition, more or less 
 developed, of penal legisl^ition in the principal countries of continental 
 Europe, it remains to pass in review some of its marked features and 
 distinctive points of interest. 
 
 While much; that has been given can be of little practical use inthe 
 United States,' and is only matter of curious detail, there remains, 
 nevertheless, much to remark that is interesting and instructive. 
 
 The first thing that strikes the attention in the study of the penal 
 legislation of Europe, is the tendency to codification, of which the re- 
 sult has been to give, in a precise and laconic form, in plain and ordi- 
 nary language, within reach of the understanding and resources of 
 every citizen, the definitions of actions that call for punishment, and 
 the punishment fixed for every forbidden act. 
 
 The difficulty of administering laws which dated centuries back, and 
 which were intended for a totally different state of society and stage of 
 civilization, of adapting to the wants of the times the crude and undi- 
 gested mass of edicts, ordinances, and statutes which each succeeding 
 reign had added to their legislation, and the continual and, in this con- 
 dition of the laws, necessary encroachments of the judge in interpreta- 
 tion of the law on the functions of the legislator — these difficulties, of 
 which one sees in England, at this day, ample proof, have caused n^ost 
 of the governments of Europe to endeavor to introduce order and regu- 
 
124 PENAL CODES IN EUEOPE. 
 
 larity in this legislative chaos, by reducing to a system, in conformity 
 with the wants and condition of the people and the spirit of the age, 
 the vast collection of laws and usages which in these countries had 
 served rather to perplex than to simplify the course of justice. 
 
 The condition of law in England — and I refer to England as show- 
 ing to what our country is tending in respect to our laws — ^in compari- 
 son to those States of Europe, France for example, which have codes, 
 shows very strikingly the disadvantages attending the administration of 
 justice in those countries which have no precise, written authority to 
 guide the judge or to inform the people; the extreme technicality and 
 irregularity of the law, the unnecessary difficulties which attend the 
 obtaining of justice, the expense or tedious length of litigation, the un- 
 certainty of issue, and the delay of decision, are well known to all. 
 The business of the judges seems rather to discover, not how the evil 
 which has occurred may best be remedied, but in what manner it 
 is probable that, in a very different state of society, the matter would 
 have been ordered ; and their great rule to be, that whatsoever has 
 been done by the preceding judges should be done by succeeding ones. 
 
 Owing to this long-continued system of having special enactments 
 for everything, the multitude of laws added to the English statute book 
 is almost incredible,* and a sim^ple manual for a justice of the peacet 
 contains one hundred times the number of pages employed to express 
 all the laws of the penal code of France. 
 
 The initiative of this great measure of codification is, as all the world 
 knows, due to France. Not one of the least of the great reforms with 
 which the revolution endowed, not France alone, but the world, per- 
 haps the greatest, was the formation of its codes. 
 
 I have given the codes relating to criminal law in France in de- 
 tail, and at the head of this work, because, in. the first place, in what 
 regards penal law, it is, historically speaking, the first great systefli of 
 laws in which, at least partially, the spirit of modern civilization is 
 recognised; and in what concerns the procedure, it is the first liberal 
 work, and stands, in this respect, at the head of all. 
 
 The French penal law forms, too, a central point for criminal law ; 
 for, as respects codification, it has long been regarded as the com- 
 pletest, the most systematic, and, at the same time, the simplest; all 
 the principles of penal law are, besides, better brought within the cate- 
 gories of the penal code. Hence, having been given with some precision, 
 -great detail m respect to others of which mention has been made, and 
 which are more or less founded upon it, become unnecessary. 
 
 The criminal law of France has had the most marked influence on 
 the many codes which have sprung into existence during this century. 
 Nearly all have observed the division of offences of the French code, 
 not so much, however, to give a definition of crimes by this division, 
 as to fix the competency of the courts of criminal justice. While, how- 
 ever, France still stands at the head of Europe in the liberality of its 
 system of procedure, other States have, it must be admitted, improved 
 upon its code of penal law. 
 
 J Ten thousand acts were passed during^ the reign of George III. alone. 
 T Burns' Justice. 
 
PBNAI. CODES IN EUROPE. 125 
 
 The tendency to give definitions which shall include all circumstances, 
 leaving as little as possible to the appreciation of the judge, and the 
 preponderance of iafamous punishments, are, perhaps, among the most 
 striking features of the codes which have been given, or of which men- 
 tion has been made in the preceding pages. 
 
 As regards punishment of loss of liberty, it will have been observed 
 that there are more numerous gradations than in our own laws, and 
 that there is great difference of opinion on the subject of the peniten- 
 ti£u-y system, which, in several States, is still a pending question. 
 
 The influence of aggravating and extenuating circumstances is wor- 
 thy of specicil attention. In France it has become of more importance 
 smce the year 1832, when it was decided to diminish the severity of 
 the punishments without altering the system of penalties established by 
 the code. In some codes no mention is made of them ; in others they 
 have a subordinate importance. In Spain alone the circumstances 
 which aggravate or extenuate an offence are'given with precision. The 
 theories of Feuerbach on this subject, as given in the codes of Bavaria 
 and Baden, are worthy of particular attention. 
 
 The punishments inflicted by the French penal code are more se- 
 vere than in most of the modern codes of civilized Europe ; and the 
 more humane provisions concerning the punishments of criminal at- 
 tempts, complicity, &c., of these codes cannot but be considered as 
 improvements on the rigorous prescriptions of the codejiennl, where the 
 attempt is punished with the same penalty as the consummated crime, 
 and all those who participate in an offence are commonly punished 
 without any regard to the grade of co-operation which, in many States, 
 as we have seen, is a subject of special consideration in deciding on 
 the punishment. 
 
 In penal procedure France stands at the head of continental Europe, 
 as has before been remarked. While, however, it may be called the 
 most perfect system existing, it cannot be said to have the merit of 
 simplicity, and in liberality is far behind that of the United States and 
 of England, where the penal procedure is intimately connected with 
 the national, moral, and religious opinions of the people. In England 
 it is eminently traditional in its character, and is the result of the na- 
 tional conviction, while that of France emanated purely from govern- 
 mental authority. 
 
 Political obstacles have prevented the introduction of the judicial 
 institutions of France into other countries, in most of which the pro- 
 ceedings are by'writing, the trial secret, and the jury is seldom compe- 
 tent, and almost never so in respect to political crimes. 
 
 Among the peculiarities of this system of procedure, it may be re- 
 marked that there is no grand jury, but in its place an examining ma- 
 gistrate, clothed with extraordinary and despotic powers ; that personal 
 treedom and the inviolability of the domicil are not secure against the 
 arbitrariness of this officer, on whose will alone it depends to imprison 
 an individual suspected of guilt, or to search his house ; that the pre- 
 liminary examination is secret, and no counsel for the defendant admit- 
 ted ; that in most of the European Stales there is at each court of justice 
 an ofiicer specially appointed by government for the prosecution of 
 offences which have generally a public character, the prosecution of 
 
126 PENAL CODES IN EUROPE. 
 
 which does not depend on the will of the injured party ; the functions 
 of this officer being to demand the institution of judicial proceedings 
 against the offender, in which the examining magistrate interposes to 
 explain, during the trial, the ground on which the complaint rests ; and,- 
 lastly, to see to the execution of the judgment. 
 
 It will have been observed that the jury decide only in the excep- 
 tional courts, and are not competent for misdemeanors ; the majority of 
 judgments emanating from a countless body of judicial officers. In 
 France even, the jury are no longer competent for ofiences of the press, 
 they have no law of evidence, but decide according to moral convic- 
 tion, as do the judges in those States in which the Prussian code of 
 procedure is adopted. 
 
 The decision of the jury is by a majorily of voices, they do not an- 
 swer guilty or not guilty, but admit or deny certain facts which form 
 the elements of a legal offence, and, at the same time, decide concerning 
 aggravating circumstances, while the judge decides on the point of ex- 
 tenuating circumstances. It is also worthy of remark that the questions 
 for the jury to decide are formed by the judge after having heard the 
 testimony. 
 
 A great want of confidence in the testimony of witnesses is also to 
 be observed in their system of procedure ; certain classes of persons 
 are not allowed to bear witness, either on account of their relationship 
 to one of the parties, or on account of their antecedents ; the witnesses 
 are heard separately, and the questions can only be put to them through 
 the judge. 
 
 The counsel for the prisoner has the last word in the French courts, 
 and in those where the French code of penal procedure has been 
 adopted. 
 
 Special police courts exist in all the States of Europe, which give 
 judgment in contraventions^ the characteristic of this grade of offence 
 being that the violation of the law is punished rather than the criminal 
 intention. 
 
 In many States the courts have three instances, in others two. In 
 those States having this last number, there is a court of cassation, which 
 is not, properly speaking, a court of appeal, but decides only in case 
 of material or formal violation of the law, as in England a writ of error 
 is brought before the House of Lords. Appeal can only be made from 
 the decision of policy and correctional courts. 
 
 Many other points worthy of attention might be enumerated, but 
 they will have been observed in perusing the preceding" pages. Now 
 that the question of the revision of the penal laws of the United States 
 has been brought before our legislative bodies, the course pursued by 
 other States, in the formation of their codes and systems of criminal 
 law, and the results arrived at, may well merit the attention of our 
 legislators. 
 
PENAL CODES IN EUROPE. 127 
 
 SUPPLEMENT. 
 
 [No. 51.J Legation of the United States, 
 
 Palis, December 15, 1853. 
 Sp: On the 25th of May, 1852, I made to the department, and &t 
 the instance of the then Secretary of State, the late Daniel Webster, 
 a communication on the different systems of penal law and procedure 
 in continental Europe. 
 
 I have now the honor to forwaid you a supplemental Report, con- 
 taining an analysis of a code of penal procedure for Austria, promulgat- 
 ed on the 29th July last, and of a project of a new code of penal pro- 
 cedure for Saxony. 
 
 I have the honor to be, sir, your most obedient servant, 
 
 H. S. SANFORD. 
 Hon. William L. Marcy, 
 
 Secretary of Slate. 
 
 CODE OF PENAL PROCEDURE OF AUSTRIA. 
 
 A provisional law of penal procedure was promulgated on the 14th 
 of September, 1852, in execution of an imperial decree of the 31st of 
 December, 1850, and the definitive code for the Austrian empire, of 
 which I shall proceed to give an analysis, was promulgated by impe- 
 rial patent of the 29th July, 1853, but the date of its entering in force 
 is not yet fixed. This code is interesting, not only as giving a com- 
 plete system of penal procedure, but also as presenting a tolerably 
 exact picture of penal procedure and the method of proceeding in the 
 criminal courts of Germany. It is for all the crimmal courts of the 
 empire, with the exception of courts martial, and it is to be applicable 
 to all cases commenced, but not terminated, before its entering in 
 force. 
 
 It consists of four hundred and thirty-six articles, and is divided into 
 twenty chapters, viz : 
 
 1. General regulations concerning the nature of punishments and 
 prosecutions. 
 
 2. Criminal magistrates, and their competency. 
 
 3. Sphere of the public prosecutor, and his relations to the courts 
 ■ in general. 
 
 4. Individual complainants. 
 
 5. Competency of the criminal courts. 
 
128 PSHAI. CODES IN EUROPE. 
 
 6. Grounds of incapacity and challenging of judges and public prose- 
 cutors. 
 
 7. Preliminary examinations concerning crimes and misdemeanors. 
 
 8. Deliberation and decision of the courts on the result of their pre- 
 liminary examination. 
 
 9. Appeal from the above decision. 
 
 10. Trial. 
 
 11. Evidence. 
 
 12. Judgment. 
 
 13. Appeal, and other recourses against the same. 
 
 14. Execution of sentences of the courts. 
 
 15. Costs. 
 
 16. Judgments, in so far as they relate to individual claims. 
 
 17. Renewal of criminal suits. 
 
 18. Procedure with respect to the absent, {cotitumax.) 
 
 19. Procedure under martial law, {Slandesrechu) 
 
 20. Procedure in case of lesser offences, .( Uebcrtretungen.) 
 
 1. General regulations, S/t. 
 
 This chapter provides that no sentence of punishment can be pro- 
 nounced except by a regular criminal court, and in accordance with 
 the forms laid down in this code. 
 
 Offences are, in general, prosecuted by a public prosecutor. The 
 rule is laid down that the judge must, from the commencement, take 
 into consideration not only the circumstances against, but those in excul- 
 pation of the criminal; a criminal judgment has no legal effect in a civil 
 case, and vice versa, except when the validity of a marriage is in ques- 
 tion, which is decided by a civil or ecclesiastical court, and which must 
 be recognised by a criminal court. 
 
 2. Criminal magistrates, ^c. 
 
 The jurisdiction in first instance is exercised, first by district (BezaVi) 
 ofiicers and tribunals, with a single judicial officer {Einzelnrichter ;) sec- 
 ond by courts of first instance which judge in council. The district 
 court is charged with the examination, decision, and carrying into exe- 
 cution of the judgments of cases which are laid down in the penal code 
 as contraventions ( Ueberirelungen.) The appeal from these courts, is to 
 the superior court of the province, {Oberlandes,) and in highest instance, 
 to the supreme court {oherster Gerichsthof.) 
 
 The following courts are competent for the preliminary examination 
 of crimes and misdemeanors : 
 
 For political crimes, the court of the province {Landesgeiicht,) where 
 the highest administrative functionary resides ; 
 
 For other crimes and misdemeanors, every Landcs and Kreis court is 
 competent for a district to be hereafter determined ; 
 
 Those Bezirlc or district courts which shall be declared competent, by 
 future laws, to make examinations, have the same jurisdiction in this 
 respect as the Landcs courts.* 
 
 • The courtfl are divided according to their local jurisdiction into OheratclandesgmchisSu^, 
 the highest ; Lanigtrviht, KreisgericlU, and Bezirksgericht. 
 
PENAL CODES IN EUROPE. 129 
 
 The preliminary examination is directed by an examining magistrate, 
 who is named by the president of the court, from among the judges. 
 The court itself decides upon the results of this examination, and dirfects 
 the definitive procedure, (called mundlichc Schulessverhandl-ung.) 
 
 Every court of first instance is competent to sit in judgment in this 
 ScMussverfahren, and in all cases of crimes or misdemeanors committed 
 within its district, with the exception of political offences, which are 
 judged by the Landesgericht estabhshed in the chief town or district. 
 
 The tribunals of the first instance are composed of a president, two 
 judges, and a clerk ; four judges must sit, however, on those cases incur- 
 ring capital punishment, or hard labor {kerker Strafe) for more than five 
 years- 
 Appeal is made from the court of first instance to the superior court 
 called Oherlandesgericht or Obergericht JBanaltafeln.) It consists of a 
 president, four judges, and a clerk ; eight judges must sit on political 
 cases, or when punishment of death may be pronounced. Appeal from 
 this court is made to the superior court, or Oberstergeiichtshqf. It is 
 composed of a president, six judges, and a clerk. 
 
 In those cases in which eight judges sit in the superior court, ten 
 must sit in the supreme court. Decisions are made by a majority of 
 voices, the president having a casting vote. 
 
 3. Sphere of the public prosecutor, Sfc. 
 
 A public prosecutor, called Staatsammlt, which, for distinction sake, 
 wiU be called district attorney, is attached to every court of first instance, 
 and an attorney general, or Oberstaatsanwalt to every superior court. 
 His functions are as tbllows : 
 
 1. He must inform the examining magistrate of every crime and mis- 
 demeanor which comes to his knowledge in his district and demand 
 prosecution of the same ; 
 
 2. He must aid and verify the proceedings of the examining magis- 
 trate in the exercise of his functions ; 
 
 3. At the close of the prehminary examinations, he must demand 
 indictment before a court of justice, which decides if the charges are 
 sufficient to justify proceedings before the criminal court ; 
 
 4. He represents on trial {milndliche ScMussverfahren) the authority of 
 the law and public security ; 
 
 5. In certain cases laid down in the law, he has the right to appeal 
 firom the decisions of the judges ; 
 
 6. He inspects the prisons, and makes reports to the district attor- 
 ney, to the attorney general, and to the minister of justice, concerning 
 them, as well as the general results of the labor of the criminal courts. 
 
 4. Individual complainants. 
 
 In general, all crimes and misdemeanors are prosecuted by the attor- - 
 ney ol'the State; in certain cases, however, indicated in the penal code, 
 such, for example, as libel, the prosecution is made at the option, and 
 only on demand of the injured person. In such cases, he lays a cocp- 
 plaint before the public prosecutor, who, if it is in his judgment founded, 
 9 
 
130 PENAL CODES IN EUROPE. 
 
 joiiis with the complainant; if he refuses, the complainant can prosecute 
 without him before the court. 
 
 5. Competency of the different courts. 
 
 As a general rule, the court of the district where the oflfence is com- 
 mitted is competent to sit in judgment on crimes and misdemeanors. 
 If committed in different districts, that court is competent which first 
 tries the case. • 
 
 If complaint is made before a criminal court in whose district the 
 criminal is apprehended, such court is' competent to try the ease, pro- 
 vided that the prosecution has not commenced before the court of the 
 district where the offence was committed, {forum dep-ehemi&nis.) 
 
 When an Austrian subject commits a crime or misdemeanor in another 
 country, even when it is not punishable by the laws of that country, that 
 Austrian criminal court is competent in the case in whose district the 
 offender resides, ijbrum ddmicittii,) <^44 ; nevertheless, when a criminal 
 is delivered up on demand of extradition, that court is competent which 
 has demanded the same. 
 
 6. Grounds of incapacity, aTid challenging of 'Judges and public prose(kitors. 
 
 The -judge who has received injury to his person or property by the 
 criminal act to be tried, or who is connected to the 4th degree by blood 
 or marriage with the criminal, is not competent to sit in judgment in 
 such cases. Judges who have served as witnesses,' or: as counsel of 
 the public prosecutor on previous examinations Or trials of the case, or 
 who have acted in the preiirninary examination, cannot sit on the- final 
 trial. The judge is in duty bound to communicate immediately to the 
 president such grounds of incaplacity, if they exist, andto abstain from 
 all participation in the trial. - ■ , 
 
 The accused can challenge any member of the court, or the clerk, 
 on grbunds of suspicion of wanting in impartiality. When a member 
 of the court is challenged the president decides on the admissibility of 
 the challenge ; if the president is challenged, the superior court decides 
 thereon ; and when the president of the superior court is challenged, 
 then the president of the supreme court decides thereon. The authority 
 which decides upon the exclusion of the officer challenged must im- 
 mediately designate another to take his place. An appeal can be 
 made against a decision upon a challenge ; it has, however, no sus- 
 pensive effect on the trial. 
 
 The public prosecutor can also be challenged on the same grounds 
 as the judges. The attorney general decides on the challenge of a 
 district attorney, and the minister of justice on the challenge of the 
 attorney general. 
 
 7. Frcliminary examination concerning (rimes and misdemeanors. 
 
 The preliminary examination is to discover with precision the facts 
 of the case ; to seek outthe offender and his accomplice ; to collect the 
 grounds of suspicion or proofs, as well as the means of justification of 
 
PENAL CODES IN EUROPE. 131 
 
 the accused ; and particularly all the facts that are necessary for an 
 indictment. The court of preliminary examination, which is carried on 
 with the assistance of the public prosecutor, must proceed in accord- 
 ance with the regulations laid down in the law, excepting in case of a 
 flagrante delicto when it has an ilKmited power. The examining magis- 
 trate acts in the name of the court of examination. He- must give a 
 regular report every fourteen days to the court of first instance, in pres- 
 ence of the public prosecutor, who can object to his measures, the court 
 deciding thereon. The principal object of the preliminary examination 
 is the estabUshment of the facts, and all circumstances which go to 
 show in how far the act was committed, with ■ mal-intent or by impru- 
 dence ; with what aggravating or extenuating circumstances it was 
 committed ; what persons have Imowledge of the same, and how great 
 damage is occasioned by the act. 
 
 The examining magisti-ate acts in presence of two witnesses, (6fe- 
 richtszeugen;) in other words, two men of age and of good reputation, 
 who make oath that! they will give strict attention to the proceedings, 
 that they will verify the records, and that they will preserve strict 
 secrecy. It is the duty of every citizen to act in this capacity when 
 summoned so to serve, excepting only priests, spiritual leaders of reli- 
 gious societies and 'corporations,* public, officers, physicians, and par- 
 ticuleirly all persons whose business will not admit of interruption, such 
 as railroad officers, &c., &c. 
 
 All public officers are bound to inform the examining magistrate of all 
 punishable acts of which they are directly or indirectly cognizant. All 
 individuals have the right, but all are not in duty bound, to inform 
 against any misdemeanor or crime which can be prosecuted before the 
 tribunals. . It is the duty of the examining magistrate to examine all 
 persons whom he supposes to have knowledge of the offence committed. 
 When there are traces left in the place where it was committed, he 
 must go thither and make personal examination. 
 
 When technical or professional information is necessary, professional 
 men, surveyors, {Sachversiandige,) are called in ; as, for example, in 
 case ©f doubt as to the mental capacity of the accused, two, physicians 
 must testify concerning the same ; in case of forgery, or, alteration of a 
 writing, or bond of credit, men of experience in finance and in writing 
 must be called in. 
 
 " When there is a well grounded suspicion that a person suspected of 
 crime is in a particular house, or that it conceals an object of impor- 
 • tance connected with the same, the house or person can be searched. 
 This search can only be directed by the examining magistrate, who 
 must, in his search-warrant, state the motives for the same. Neverthe- 
 less, a house may be seai'ched without such search-warrant, by any 
 police officer, in cases where delay would endanger the ends of justice 
 on which any of the police authorities decide. House-searching must 
 be conducted with due regard to the property in the house, as well as 
 to pubUc tranquility, and with observance of decency and decorum. 
 In extreme cases only, concerning which the police decide, house- 
 searching may be made by night. When it is convenient {thunlich, §107) 
 
 * Religious societies or corporations can only be constituted willi the permission of the State. 
 
132 PENAL COBES IN EUROPE. 
 
 to the police officer, he must invite the owner of the house, or a mem- 
 ber of his family, or another proprietor, or any neighbor, to assist at the 
 search, who must sign the report made of the same. The same regu- 
 lations are in force for the opening and examination of letters and 
 papers. 
 
 The public prosecutor has, equally with the examining magistrate 
 the right to detain all letters at the post office directed to a suspected 
 person. 
 
 The examining magistrate summonses to give evidence as witnesses 
 those persons who, in his opinion, have any Jsnowledge that can en- 
 lighten the affair. Priests cannot be asked to testify in reference to 
 what is entrusted to them in confidence, whether in confession or other- 
 wise. The same rule is observed with regard to pubHc officers, in so 
 far as they are not dispensed by their duty to their superiors in office. 
 Near relatives, and the counsel of the accused, are in like manner dis- 
 pensed from testifying. * 
 
 Every witness must appear when summoned before the court. On 
 the first refusal to appear he is fined ; on the next refusal it is directed 
 that he be brought by the police before the court, in which case he can 
 be condemned to prison. 
 
 The witnesses are examined separately and apart by the examining 
 magistrate, but not in the presence of the accused nor upon oath ; the 
 examining magistrate directing the witness to give the whole truth, and 
 to conceal nothing, in order that, if required, he may affirm it on oath. 
 This magistrate can question the witness concerning all facts connected 
 with the case, but only after he has recounted what he knows on the 
 subject. It is expressly forbidden him to make suggestive questions, or 
 such questions as present to the witness facts which would be first 
 estabhshed by his answer. After the witness has finished his deposition, 
 the examining magistrate can, if he wishes, put him upon oath* This 
 oath cannot be administered to those who themselves are suspected in 
 reference to the case in question, or to those who are under examina- 
 tion concerning other oflfences, or who have been already punished for 
 perjury, and who are not yet fourteen years old, or who are enemies of 
 the accused, and, in case the testimony is adverse to him, those who 
 are supposed to be wanting in sufficient memory or judgment. • 
 
 No person can be put in accusation where there are no grounds of 
 suspicion indicated specially by the law. The law distinguishes be- 
 tween direct and indirect grounds of suspicion, (Nahrcre, and Entferntere 
 Verddchtsgrunde.) 
 
 The direct, and at the same time general, grounds of suspicion are 
 as follows: 
 
 1st. When a person possessed at the time of the commission of the 
 offence the instrument or means by which it was committed; 
 
 2d. When a person has been in suspicious correspondence with other 
 persons, or when his own writings allow of a conclusion that he has 
 participated in the offence ; 
 
 3d. When a person has endeavored to induce another to commit the 
 offence, or has aslied counsel of another concerning its execution ; 
 
 4th. When he has shown an intention to commit an offence by threats 
 
FENAIi CODES IN EUROPE. 133 
 
 or allegations, written or spoken, or has manifested a violent passion 
 against the person so injured ; 
 
 5lh. When a person is described by a witness as having a resem- 
 blance to the criminal, either in form, weapons, clothes, or other par- 
 ticular signs ; 
 
 6th. When he has made an attempt, or has exercised himself in acts 
 which have connexion with the offence ; 
 
 7th. When he was present at ?he place where, and at the time 
 when, the offence was committed, or where an object belonging to him 
 is found there ; 
 
 8th. When articles are found in his house, or in another place of de- 
 posit, known to be his, which the injured person possessed at the time 
 of the offence ; 
 
 9th. When indications of the offence are found on his person or 
 clothes ; 
 
 10th. When he has fled or concealed himself immediately after the 
 commission or public knowledge of the offence, without having another 
 motive ; 
 
 11th. When he has removed or concealed trace of the offence, or 
 sought to put obstacles in the way of the examination. 
 ■ iThe special direct grounds of suspicion are : 
 
 1st. In case of poUtical crime, correspondence of a suspicious nature, 
 or suspicious secret meetings, or secret procuring of weapons ; 
 
 2d. In case of infanticide, or abortion, when the woman had shortly 
 before given birth to a child, and it cannot be produced ; 
 
 3d. In case of offence of which the motive is gain ; when an ia- 
 crease in means of existence or property is observed immediately after 
 the commission of the offence, and when he has sold under the real 
 value articles of value which are like the corpus delicti, and whose worth 
 is not in accordance with his pecuniary means ; 
 
 4th. In case of usury, when he has made pecuniary obligations of a 
 character so obscure and incomplete, or double meaning, that the amount 
 of the capital and of the interest does not precisely appear ; when it 
 contains a false fact ; when, in case of a considerable loan, the money 
 is not delivered in presence of credible witnesses ; when, in a deed of 
 purchase, the kind, quantity, or price of the object is not plainly ex- 
 pressed ; when, in accordance with the known means of the debtor, it 
 is not probable that he can have received such a sum. 
 
 The law lays down still other grounds of direct suspicion : 
 
 1st. A confession of a person, when it does not contain the conditions 
 concerning evidence which are laid down by the laws of Austria; 
 
 2d. The deposition of a single witness, on oath, when it relates 
 directly to the offence ; 
 
 3d. The deposition of two witnesses not upon oath ; 
 
 4th. The assertions of those persons injured by the offence, and who, 
 on account of the near approach of death, cannot be heard before a 
 court of justice when the name of a person is given by the sufferer ; 
 
 5th. The deposition of an accomplice who has confessed his own 
 offence. ^ 
 
 When a person accuses himself to an officer of justice, a direct 
 ground of suspicion only exists, when this self-accusation is connected 
 
134 PENAL CODES IN EUROPE. 
 
 with circumstaaces which confirm the same, and when he affirms it, 
 moreover, on oath.- 
 
 Information received anonymously is only taken notice of when one 
 of the grounds of Suspicion already named are contained in such com- 
 munication. 
 
 Indirect grounds of suspicion are : 
 
 Bad reputation ; 
 
 Want of profession and of fixed domicile ; 
 
 Intimate relations with suspicious persons ; 
 
 Mendacious pretexts and contradictions'; 
 
 Confused and hesitating testimony in examination ; 
 
 Or "stuttering, crying, sobbing, or change' of color." 
 
 Any proof of the diriect groiinds of suspicion herein named, is suffi- 
 cient to give reason for a writ which directs a speciaV examination. As 
 regards the indirect grounds of suspicion, a coincidence of several of 
 them must exist to cause an examination to be directed. 
 
 He, against whom such grounds of suspicion exists, is invited to ap- 
 pear before the examining magistrate, and when he fails to appear, 
 without sufficient excuse therefor, a writ is issued to compel his pre- 
 sejice.. Such a writ can be issued at tile commencement of the exam- 
 ination, when the suspected criminal is hidden, in flight, or has made 
 preparation for the same, or when he has no domicile in the place 
 where he is; when he is seized in flagrante d'elieto ; lastly, when it is 
 to be feared, on account of the nature of the case, that" the examina- 
 tion will be reiidered more difficult, owing to connivance of the sus- 
 pected person with accomplices, or witnesses, or by destruction of the 
 traces of the offence. 
 
 After the accused is brought before the magistrate, he can be put 
 in arrest, on an order of the examining magistrate, or on demand of the 
 public prosecutor. He must, in that case, be immediately interrogated 
 by the' police, or the tribunal of the district. When no ground for 
 further proceedings is found to exist, he must be immediately set' at 
 liberty. In the contrary case, he must be delivered to the court of ex- 
 amination within twenty-four hours, and must be examined in its name 
 by the examining magistrate, within twenty-four hours after. 
 
 When the accused remains suspected of the offence', after the exami- 
 nation, the writ of imprisonment, properly spealdng, (TJhtctsutikiingi- 
 haft,) can then be issued against him. This must be issued in case 6f 
 a crime which has for punishment at least five years' imprisonment and 
 hard labor, or when the punishable act has excited great public indig- 
 nation, or when it is to be feared that the trial will be made more diffi- 
 cult on account of connivance, or other reasbns, or, lastly, when the 
 accused is a vagabond, has a bad reptitation, or has made himself sus- 
 picious on any ground. In this last case, the writ must State the 
 motives for issuing it, and be communicated to the accused on his ar- 
 rest, or within twenty-four hours after. • ' • 
 
 The arrest must be made with due precaution that the accused rnfty 
 not escape, but with all possible respect for his honor Euid person ; more 
 especially when he has a good reputation. ' Nevertheless, forbiMe 
 means are permitted in case of resistance, oir attempt at flight. After 
 he is arrested, a report of the same must be hnade to the examining 
 
PENAL CODES IN EUROPE. 135 
 
 magistrate, in which the person and clothes of the, accused are exactly 
 described. Moreover, they must be throughly searched ; and all pa- 
 pers, writings, money, weapons, or instruments, or articles which give 
 suspicion of a punishable act, must be taken away and preserved. 
 
 When, during the examination, the grounds of suspicion are done 
 away with, the examining magistrate can set the prisoner at liberty ;• 
 but upon the condition that he does not absent himself from his place 
 of residence without the consent of the examining magistrate. 
 
 The prison for the accused must have sufl&cient light and air, and at 
 least room enough for the prisoner "to move in." The prisoners must, 
 so far as is possible, be confined apart. When this is impossible, the 
 companionship of persons of different sexes, or of .participation in ihe 
 same .offence, must be avoided ; or the association of those who are ac- 
 cused of misdeflieanors with those accused of crime. Youthfiil pris- 
 oners are separated from grown persons. The prisoners can have ac- 
 corded to him,, by, permission of .the president, accustomed comforts 
 and occupations whiclr conform to his position and means, in so far as 
 they do not disturb the order of the prisoner, or endanger his security. 
 No prisoner, however, is permitted to have, money in his possession. 
 He is only chained when he has attempted to escape, or when there 
 are no other means for his security, or when there is danger from his 
 violence, more particularly to the person of the jailor. 
 
 An exact register is kept of all prisoners, which contains the follow- 
 ing indications : the number o£, the prisoners ; the day of imprisonment ; 
 the, name .of the ofl&cer who h^s arrested him ; his surname and chris- 
 tian name ; the number of his cell ; and the special measures to be 
 taken on account of him ; remarks concerning his conduct ; the date 
 when, and the gfopnds for which, he leaves the prison. 
 
 The presidents of the examining court of first instance are bound to 
 visit the prisons from time to time, and at least once a month. They 
 inquire of the prisoners, and apart from the jailors, concerning their 
 care and treatment, and concerning those regulations which are in the 
 ioterest of discipline, security, order, and cleaiihness. The chief poUti- 
 cal authority of the province or territory is bound to visit the prison in 
 his official journeys. This chapter closes with provisions touching the 
 examination of the accused. 
 
 Every examination must be conducted with observance of decency 
 and moderation. Before the commencement the accused must be in- 
 vited to answer the questions which may be addressed to him, clearly 
 and truthfully. After he .has given his name, age, reUgion, domicile, 
 profession, social relations, {Verhdltnmen,) and all other facts which are 
 impOTtant for the prosecution, the judge designates, in a general man- 
 ner, the crime or misdemeanor of which he is accused, in order to give 
 the accused an' opportunity to relate all details. The questions to be 
 put, to the accused must be clear, logical, and in simple language. No 
 question can embrace more than one fact, suggestive questions being 
 avoided. 
 
 When the accused answers with cunning, and either denies the ac- 
 cusation or affirms to be ignorant of the facts which are charged against 
 him, the judge, must niake known to him, with "increasing energy," 
 that a lie in presence of the evidence will not avail. Nevertheless, the 
 
136 PENAL CODES IN EUROPE. 
 
 judge is not allowed to promise, or to threaten, or to employ forcible 
 means, or any artificial trick, even when well meant, in order to induce 
 him to a confession. The accused cannot be forced to make a quick 
 r^ply ; nevertheless, when through fright or anxiety he loses his pre- 
 sence of mind, and it is evident that this fear results from "internal 
 consciousness of the offence," the judge must, with "decent earnest- 
 ness," insist on his stating the truth, (§179.) 
 
 A record is made of all examinations, containing all the questions 
 and replies ; which last must conform, as near as possible, to the words 
 of the accused, who can dictate his replies, if he desires it, to the clerk. 
 
 Before closing the examination, the accused must be again ques- 
 tioned ; and it must be remarked to him, that three days' time for re- 
 flection {Bedenlczeit) will be given to him, if he demands it. 
 
 8. Deliberation and decision of the courts on the result of their 'preliminary 
 
 examina,tion. 
 
 The examining magistrate communicates to the court the minutes 
 concerning the affair ; the president then names a referee and commu- 
 nicates the same to the public prosecutor, who must give a written 
 opinion to the court, which then deliberates on the report of the referefe 
 upon the question, if a prosecution shall be commenced. The court 
 decides, either that the preliminary examination shall be continued no 
 further, or that the accused shall be set at liberty, or that he shall be 
 put in accusation. 
 
 A decision of the kind first named, called Einsteliung^heschluss, is 
 made when the requisites of a punishable act do not exist ; or when 
 there are circumstances which do away with its criminality ; or when 
 the trial has been commenced or continued without the demand of the 
 injured party ; or when the public prosecutor or the private complain- 
 ant have desisted from further proceedings ; and, lastly, when no real 
 ground of suspicion of the commission of a crime or misdemeanor is 
 found to exist. 
 
 The Ablassungsbeschluss setting the prisoner at liberty, is given when, 
 in the examination concerning a crime or misdemeanor, one of the first 
 cases already named occurs, or that the grounds of suspicion are re- 
 moved. 
 
 The last, or Anklageheschlms, (putting the prisoner in accusation) is 
 made when sufficient charges are established to fix upon an individual 
 an accusation of a well-defined crime or misdemeanor. 
 
 The Anklagebeschhss must contain the surname and christian name 
 of the accused, the designatiqri of the crime or misdemeanor which 
 forms the object of the accusation, and the law in accordance with 
 which such offence is to be punished. It must state whether the ac- 
 cused is to be left at liberty or be kept in prison. It must notify to 
 him that he has the right of appeal against this decision. The wit- 
 nesses who are to testify must be named in the document, and all the 
 reasons for this decision must be indicated therein. 
 
PBNAL CODES IN EUROPE. 137 
 
 9. Appeal from the above decision. 
 
 The public prosecutor, the complainant, and the accused have the 
 right to appeal to the Oberlandesgericht against any of the above- 
 mentioned decisions of the court of examination, and the appeal sus- 
 pends further action till decided. It must be declared within twentjp^ 
 four hours after the communication of the decision ; and, at latest, the 
 grounds of the same must be given within eight days. After the papers 
 of the case have been received by the above named court of appeal 
 the president names a referee, who lays before the court a summary 
 statement of the case. The decision of this court is definitive when it 
 confirms the decision of the court of examination ; when, however, it 
 is contrary to the same another appeal can be brought before the 
 supreme court. 
 
 10. Trial. 
 
 TJip accused must be notified, immediately after having received 
 communication of the AnMagebeschluss, that he has the right to choose 
 a counsel to defend him on the trial. In all cases where a crime is 
 tried of which the punishment is death, or hard labor of at least five 
 years, the accused must have counsel given him by the court when he 
 makes cjioice of none. The superior court gives, at the commencement 
 of each year, a list of the counsel in criminal cases of its district. This 
 list contains the names of all lawyers who practise in its district; jurists 
 who have passed their examination as judge, lawyer, or notary, * as 
 well as public teachers of law, are permitted to act as counsel on their 
 demand. 
 
 The accused can confer with his counsel alone ; neither, however, 
 can examine the minutes of the preliminary examination, except in 
 presence of an officer of justice. If the accused is in prison he must, 
 immediately after the indictment has received legal sanction, be exam- 
 ined by a member of the court before which he is to be tried, who 
 must take particular care to ask him if he has anything to add to the 
 decision of the court of examination. 
 
 In cases punishable by death, or hard labor for more than five years, 
 the public prosecutor must present an indictment within eight days to 
 the court; or, if there is an unusually prolonged examination, this 
 delay may be extended to fourteen days. This indictment {Anklage- 
 schnft) must contain, in concise terms, the charge and the proof, and 
 also a list of the witnesses. It is communicated to the accused and to 
 his counsel. 
 
 In all other cases, punishable with a less penalty, the public prose- 
 cutor must bring the accusation orally before the court, and only com- 
 municate, by writing a list of the witnesses, of which the accused is 
 also notified. 
 
 "Anstriana who practice the law professionally must have an academical examination after 
 having gone through the appointed course of studies. After that they must, in order to ob- 
 tain the right to enter upon public service, pass a government examination, {Staalseioamtn,) 
 candidates for judges, lawyers, and notaries having each a separate examination, lawyers 
 being in Austria regarded as public officers. 
 
138 PENAL CODES IN EUROPE. 
 
 The president of- the court decides upon the day for the trial imme- 
 diately after having received the indictment or the list of vdtnesses. 
 In cases punishable with death or five years' hard labor the accused 
 must be allowed a delay of at least* eight days, and in all other cases 
 a delay of at least three days from the day of summons. This is com- 
 municated to him, if he is arrested, by a member of the court ; if at 
 liberty, by a written notification. The witnesses must be summoned 
 at least three days before the day of trial. 
 
 When the accused or his counsel believes that, in the interest of the 
 defence, a new fact should be established, or that, apait from the wit- 
 nesses and suiveyors already named, others are necessary, they must 
 notify the same to the court at least twenty-four- hours before the trial. 
 The court decides on the same after hearing' the public prosecutor. 
 When new facts of importance are established in consequence of this 
 supplementary examination which, at the time of the preliminary ex- 
 amination, would have influenced otherwise the decision of that court, 
 the court has to make a new decision. 
 
 The president and the members of the court,- the clerk, the public 
 prosecutor or complainant, and the counsel-«of the accused,- in cases 
 where he is named by the court, must be present at the trial. The 
 president of the court can add to the bench, in cases which will proba- 
 bly be of long duration, one or two additional judges. 
 
 A limited number of spectators are admitted to the trial. All mem- 
 bers of the legal profession who are inscribed as counsel on the lists of 
 the district, of which mention has already been made,- the superior offi- 
 cers of administration and of the police, the public teachers of law arid 
 political economy,* the injured parties, and confidential persons, not 
 exceeding five in number, who are proposed by the accused or the 
 complainant for this privilege, and against whom the court has no ob- 
 jection. The court can also admit " gentlemanly persons, full grown, 
 and of masculine sex." Nevertheless, it can- order the session to be 
 secret, for reasons of decency, tod out of regard for the shame of the 
 complainant or witnesses, for public safety and propriety, or on the 
 common demand of the complainant and accused.- In these cases, all 
 the above named spectators, with the exception of the five " confiden- 
 tial" persons, are shut out. 
 
 The president directs the procedure; he examines the accused and 
 the witnesses, and directs the order in which the minutes' of the pre- 
 liminary examination shall be read. It is his duty to preserve order in 
 the court; he is the guardian of its dignity. He has the right to warn, 
 or, if necessary, to expel those spectators who disturb the -court by giv- 
 ing signs of approval or of disapprobation, or in any other manner. 
 When any one opposes himself to his orders he can send him to prison 
 without appeal, for not more than eight days, or a criminal prosecution 
 can be directed against the person. 
 
 The trial commences with the calling of the case by the clerk. The 
 accused' appears free from bonds; but, if under arrest, he is accompa- 
 nied by~a guard. The corpus delicti must be brought into court befee 
 the commencement of the procedure. 
 
 * Theie are no professors of political economy in the public institutions of Austria. 
 
PENAL CODES IN EUROPE. 139 
 
 After the case is called, the president must remind the partiies "that' 
 every person appearing before the court must conduct himself with the 
 reverence and moderation which is due to it, and, in particular, that 
 the duty of the counsel of the parties is only to serve the cause of truth 
 and justice; that, while it is allowable to avail themselves of all that is 
 necessary for the defence of their clients they should avoid all that is 
 contrary to their consciences or the laws." 
 
 The names of the witnesses are then called ; they are reminded of 
 the importance of the oath, and are then sent to the room reserved for 
 them. 
 
 The accused is now asked his surname and his christian name, age, 
 profession, religion, place of birth, and of residence. He is informed 
 that he must follow with attention the proceedings of the court. The 
 clerk then reads the decision of the court of examination, and the public 
 prosecutor developes the charges and the proofs. The accused is now 
 asked by the president to relate truly all details concerning the act with 
 which he is chai'ged. Tf he renews a confession which he has already 
 made before the examining magistrate, or if he makes a new confession, 
 witnesses are only examined in case the public prosecutor or the ac- 
 cused expressly demand it, or when it appears indispensably necessary 
 to the court. 
 
 ThiB accused has the right, during the trial, to communicate with his 
 counsel. It is not permitted him, however, to advise with him in re- 
 gard to his answer, before replying to questions addressed to him. 
 
 ' The witnesses are called in to testify in turn, and all witnesses are 
 strictljr forbidden to come into court before having given their testi- 
 mony before it. The president has the right to cause the accused to 
 leave the court during the examination of a witness or an accomplice. 
 He must, however, be informed of 'what is important in the testimony 
 so given. The testimony of witnesses made before the court of exami- 
 nation, and who are unable to appear at the trial, are read by the clerk 
 from the minutes. The president is empowered to sununons and, if ne- 
 cessary, to compel the presence of those persons who have not yet tes- 
 tified, and from whose testimony any new proofs may be obtained. 
 Nof only the president, but also the other members of the court, and 
 the public prosecutor, as well as the private prosecutor and the accused, 
 have the right to question the witnesses. 
 
 The trial once commenced, can only be interrupted in so far as th« 
 president finds it necessary for repose or refreshment. An adjourn- 
 ment can be ordered by the court; if the accused is sick in a manner 
 to prevent his attendance, when he does not consent to the continua- 
 tion of the trial without his presence; if he consents to .the same, the 
 declarations made by him in the preliminary examination are read 
 before the court; if the court esteem it necessary to examine into new 
 facts, or such which were not sufficiently cleared up by the examining 
 magistrate. 
 
 The prosecution is quashed when the public prosecutor desists, on 
 the permission of the minister of justice; or when the complainant-re- 
 nounces the prosecution, which can only be made upon his demand; 
 
 As soon as the case is sufficiently established by witnesses, to arrive 
 at a thorough knowledge of the same, the examinations are ended; and 
 
140 
 
 PENAL CODES IN EUROPE. 
 
 the pubbc prosecutor and the counsel of the accused make their final 
 arguments, and the court retire to deliberate. 
 
 11. Evidence. 
 
 The judge must weigh carefully the collected evidence. Only what 
 is legally proven can be accepted. The judge does not decide its ac- 
 ceptance in accordance with his convictions, but he must confine him- 
 self strictly to the evidence specially enumerated in the laws, yiz: 
 
 Occular evidence of the judge; 
 
 Opinion of surveyors {Sachveistandiger ;) 
 
 Confession of the accused; 
 
 Testimony of witnesses ; 
 
 Documents or writings; 
 
 The coincidence of several incomplete proofs or grounds of suspicion 
 {Zvsammetigesctzte Beweis.) 
 
 1. The occular evidence of the judge can only be taken as proof, 
 when made in legal form. 
 
 2. The opinions of surveyors must also be made in legal form. 
 
 3. The confession of the accused can only serve as legal evidence 
 against him, when it is made in a clear and precise manner ; when he 
 is in free possession of his faculties ; when made upon his own circum- 
 stantial statement; and not upon affirmative or negative answers to 
 questions ; when it is in accordance with the other facts of the case. If 
 he recalls a confession previously made, it does not lose its weight as 
 evidence, excepting when he brings forward a credible motive for hav- 
 ing given a previous false confession, or such circumstances as cause 
 doubts of its truth. 
 
 4. As a general rule two witnesses suffice for proof; they must have 
 testified in complete liberty ; their testimony must contain clearly and 
 precisely the account of the circumstance which is to be proved ; it 
 must be, upon his own observation, made with due care {erforderliche 
 Besonnenheit) and not on hearsay. The testimony must be on oath, and 
 there must, besides, be no grounded suspicion against its veracity, 
 neither on account of the person of the witness, nor the nature of the 
 testimony, nor on account of other facts of the case. 
 
 By exception, the testimony of a single witness suffices in the follow- 
 ing cases : The testimony of him against whom the punishable act 
 was committed, can serve, in the absence of other evidence, as proof 
 of the nature of the same ; the estimation of damage resulting from the 
 offence can be established by the testimony of the injured person, or of 
 him in whose possession the damaged article is found; when an offence 
 is often repeated, or is continued through a long period of time, or dis- 
 connected. The single cases of a repetition, or the individual acts, 
 which, taken together, go to constitute an offence, can be taken as proved 
 upon the testimony of a single witness ; when a document or writing 
 contains the punishable act ; as, for example, a libel ; an altered or 
 counterfeited document, or a written invitation to the commission of a 
 crime. The writing can be received as legal proof when it has eman- 
 ated from the accused. If the authenticity of the same is contested, 
 it must be proven. The testimony of public officers taken in the sphere 
 
PENAL CODES IN EUROPE. 141 
 
 of their competency is legal proof, when no damage or advantage is 
 to be expected, or other grounded suspicion against the veracity of the 
 testimony exists. 
 
 Every fact can be taken as proved, when there is coincidence in two 
 incomplete depositions ; when several grounds of suspicion against the 
 accused coincide, they are only talsen in consideration when the act is 
 proven with all the circumstances which make it punishable ; when 
 the necessary number of grounds of suspicion, which have been before 
 spoken of, {^ 138 to 140,) fall together, {zmammentrcffen ;) lastly, when 
 such a close relation exists between the grounds of suspicion and other 
 cii-cumstances of the law and in connexion with the accused, that there 
 can be no doubt of the commission by him. In general, the coinci- 
 dence of three grounds of suspicion named in the law suffice to estab- 
 lish proof. 
 
 The law determines the legal force of the evidence, but has decided 
 that it shaU not be taken disconnectedly with the whole case. If, for 
 example, the impartiality of a witness is placed in doubt, his testimony 
 must be rejected. The judge is not bound to condemn when one or 
 more of the legal forms of evidence exist, if, after an attentive examina- 
 tion of the whole case, he is not himself convinced of the guilt. 
 
 to'- 
 
 12. Judgment- 
 
 A sentence of punishment {Strafurtkeit) must contain the legal desig- 
 nation of the crime, misdemeanor, or contravention of which the ac- 
 cused has been declared guilty ; the indication of the laws which are 
 applied in the case, and the punishment which is pronounced ; and, 
 lastly, die decision concerning the costs and damages. 
 
 Capital punishment can only be pronounced when the crime is either 
 confessed by the criminal, or proved by sworn witnesses ; and when, 
 also, the punishable act is fully proved in itself, without reference to 
 the person. When these proofs cannot be established, the punishment 
 of death must be changed to hard labor for from ten to twenty years ; 
 or, in case of aggravating circumstances, for life. If the criminal was 
 not twenty years old at the time of the commission of the crime, pun- 
 ishment of death is changed to imprisonment with hard labor from ten 
 to twenty years. If very important and preponderating extenuating 
 circumstances exist, the court has the power to reduce hard labor for 
 life to ten years, and hai-d labor from ten to twenty years to five years, 
 and to reduce that of from five to ten years to two years duration. 
 
 If, in the opinion of the court, no legal proof of the guilt is estab- 
 lished, but nevertheless all the grounds of suspicion are not entirely de- 
 stroyed, the judgment is pronounced with the declaration that the ac- 
 cused is set free on account of the insufficiency (Unzula7iglichieit) of the 
 proof, (§ 287.) 
 
 When, on the other side, all grounds of suspicion are entirely re- 
 moved ; or when the act which forms the object of the trial does not 
 contain the elements of a crime or misdemeanor ; or, lastly, when the 
 accused appears to be wanting in complete intelligence, it is declared 
 in the judgment that then he is not guilty, he is to be acquitted. 
 
 In the following cases the trial is ended, without judgment, by the 
 
142 PENAL CODES IN EUROPE. 
 
 decree called AbhssungsbescMuss ; when the crime or misdemeanor is 
 extinguished by limitations ; when prosecution has been begun or con- 
 tinued without the consent of the complainant in thbse cases in which 
 the prosecutor is not allowed law on the demand of the injured person; 
 when the public prosecutor desists from prosecution in the name of the 
 minister of justice. 
 
 Immediately after the finding of the court, the jiidgment is read to 
 the accused by the president, in presence of the whole court ; the 
 grounds of decision are given summarily thereiii ; the laws upon which 
 it rests cited ; and the accused is informed of his right pf appeal. 
 
 The judgnaent of the court must be recorded by the clerk within 
 twenty-four hoilrs thereafter ; a copy of the same, signed by the presi- 
 dent, clerk, the public prosecutor, and the complainant, must be' com- 
 municated to the person condemned. 
 
 13. Appeal, (Bervfung.) 
 
 Appeal can be made against every judgment in first instance, to the 
 superior courts, {Oberlandesgmeht,) either on account of non-observance 
 of essential formalities, or on account of the contents {Inhalt) of the 
 
 judgment ; that is, if the offence of which he is accused is declared 
 punishable by the court of first instance illegally; if it expires by lim- 
 itation ; or, if a law which is not applicable to the case is applied ; if a 
 
 -fact is taken as certain, which has not been legally proved ; if the lim- 
 its prescribed by law for fixing the punishment have not been ob- 
 served ; and, lastly, if the decision is contrary to law in respect. to the 
 damages or costs. 
 
 Appeal can be made not only by the condemned person, but by the 
 public prosecutor ; the complainant ; by the husband or wife ; by those 
 connected in right line, ascending or descending ; or by the guardian of 
 
 the condemned ; lastly, by the heirs of the complainant. 
 
 When the superior court has confirmed the judgment of the court 
 of first instance, no further appeal can be made .by any person. When, 
 on the other hand, it has not confirmed the judgment, the person judged 
 can appeal to the supreme court, {hochster Gerichtshqf.) 
 
 Appeal must be made within twenty-four hours from the day when 
 the judgment is communicated in writing to the accused, by the court 
 
 . of first instance ; and the ground of the same must be given within eight 
 days. 
 
 The supreme court has the right, in case of the coincidence of pre- 
 ponderating and very important extenuating circumstances, to reduce 
 the penalty of hard labor for life to five years ; and that of hard labor 
 from ten to twenty, to three years ; and that of from five to ten years, 
 to one year. 
 
 The supreme court has the power to ' change the punishment of irn- 
 prisonment in its difierent gradations, and can even change to a fine the 
 highest grade of punishment of hard labor. . 
 
PENAL CODES IN EUROPE. 143 
 
 14. Execution of senteTices of the court • 
 
 When a prisoner is declared not guilty, or acquitted on account of 
 insufiBciency of proofs, or when the decree calleji AUassungsbescMM&iis, 
 issued, he is immediately set at liberty. 
 
 Every judgment by which the accused is set free on account of in- 
 sufficiency of proof, must be communicated to the police of the place 
 where he lives. 
 
 If the court is of the opinion that the immediate setting at liberty of 
 a person so acquitted, or the liberty of a prisoner after the expiration 
 of his punishment would be dangerous to the public security, it must 
 communicate the same to the superior court, which addresses the same 
 to the superior administration of the province. 
 
 Every sentence of punishment is put in execution by the court of first 
 instance, which has pronounced the sentence, and without the interven- 
 tion of t^e public prosecutor. 
 
 When, by the immediate execution of a sentence depriving the con- 
 vict of liberty not extending beyond six months, the means of subsist- 
 ence of the guiltless family would be destroyed, it can be deferred for 
 a short time, if there is no fear of his escape. This prorogation is given 
 by the superior courts. 
 
 15. Costs. 
 
 The condemned persons must pay the following costs : The expenses 
 for writs and of witnesses, &c. ; the fees of the witnesses ; fees of coun- 
 sel ; the expenses of his boai'd during his remaining in arrest ; and the 
 travelling expenses of the officers of the court ; and the expenses of 
 putting the sentence into execution. Nevertheless, these costs can only 
 be demanded in so far,as the means of subsistence for himself, or his' 
 family, would not be thereby imperilled, and in so far as the rights of 
 the injured party for damages are not interfered with. 
 
 The fees of the counsel are fixed by the court. The counsel named 
 by the courts to defend the interests of poor persons on trial receive no 
 fees. 
 
 16. Judgments, in so far as they relate to individual claims. 
 
 The court fixes the amount of the damages in the same judgment in 
 which the punishment is given. In cases of high treason, or any other 
 pohtical crimes, the criminal is sentenced not only to reparation of the 
 immediate or indirect injuries resulting from the crime, but also to pay- 
 ment of all costs incurred for the suppression of the criminal undertak- 
 ing, or for the re-establishment of public order and security, rendering 
 it impossible to fix ihe damages at the time a civil action is brought for 
 the same. ' 
 
 17. Renewal of criminal suits. 
 
 If the prosecution, on account of a crime or misdemeanor, is ended 
 by the decision before spoken of, {Einstellungsbeschluss,) the prosecution 
 can be renewed, on account of circumstances which were not taken into 
 
144 PENAL CODES IN EUROPE. 
 
 consideration, if the time for limitation has not expired. (See § 227 to 
 232 of penal code.) 
 
 If an Ablassungsbcschluss is given in a case of crime or misdemeanor, 
 on the ground that the elements of crime or misdemeanor are wanting, 
 or because facts were established which destroyed the criminal charac- 
 ter of the act, or because the grounds of suspicion against the accused 
 were done away with, a new trial can be ordered, when new circum- 
 stances or proofs are discovered, which are sufficient in themselves, 
 or which come in connexion with other already existing grounds of sus- 
 picion or evidence. 
 
 If an accused has been acquitted, or declared not guilty, on account 
 of insufficiency of proof, a new prosecution is only permitted on such 
 new evidence as gives ground for the belief tha,t it will cause the con- 
 viction of the accused. 
 
 A new trial, after sentence of punishment even, can be directed, if 
 new and important evidence offers, and if hard labor for a term of years 
 has been applied instead of capital punishment, or hard labor for life ; 
 or if the criniinal has been condemned to hard labor for five years or 
 under, instead of for ten years ; or lastly, if an act which constitutes a 
 crime has been tried as a misdemeanor or contravention, or if a mis- 
 demeanor has been tried as a contravention. The court which has 
 given the first sentence sits in judgment generally on the new trial. 
 
 18. Procedure mth respect to the absent, {ConCumax.) 
 
 If the absent person charged with a crime or misdemeanor does not 
 present himself before the court, notwithstanding the summons publicly 
 made, {Stechhrief,) it is the duty of the court oi' examination to indict 
 him, if sufficient motives exist. This indictment is published in case 
 of a crime. If, notwithstanding all researches, the accused cannot, be 
 taken, the prosecution is generally suspended till he can be arrested. 
 If, however, a crime has created great sensation, or if the omission of 
 punishment excites fear of injurious consequences, and if there is no 
 doubt as to the crime or the person of the criminal, he can, by excep- 
 tion, be condemned in contwmacien. In general, a time of delay is given 
 him to return. If he does not appear within this period, the final trial 
 is proceeded with within a month at latest. In such case the accused 
 receives counsel from the court ; and, in general, the same rules are 
 observed as when he is present. 
 
 19. Procedure under Martial Law. 
 
 P/ocedure by court-martial {standrechtliches Verfahren) can be adopted, 
 either when treasonable tendencies are manifested in a particularly 
 threatening and dangerous manner, or when, in case of riots, martial 
 law is proclaimed by the chief administrative magistrate of the district, 
 {Landescke/,) who must consult thereon the presidents of the superior 
 court. It can also be proclaimed by the minister of the interior, with 
 the consent of the minister of justice, in cases where murder, robbery, 
 arson, or destruction of property, occurs in an unusual degree iu one or 
 more districts. 
 
PENAL CODES IN EUROPE. 145 
 
 After the court-martial is opened, the court of first instance is alone 
 competent to pass judgment on the cases which have caused these ex- 
 ceptional measures in its district. 
 
 The characteristic feature of the court-martial is, that the procedure 
 from commencement to end is in presence of the full court, and without 
 preliminary examination or sitting in accusation. If the accused is de- 
 clared guilty, he is in every case sentenced to death. When, however, 
 after several executions, in the opinion of the court, terror has been 
 caused, capital punishment can be replaced by hard labor for from five 
 to twenty years. No appeal is admitted against a sentence of this 
 court, and petition for pardon does not suspend its execution, which 
 takes place within two hours after the sentence is pronounced. A re- 
 spite of an additional hour can be granted, but only on the prayer of 
 the condemned, to be enabled to prepare for death. 
 
 20. Ptoceduj-e in the case of lesser offences. 
 
 The same rules are in force for proceedings against contraventions 
 as against crimes and misdemeanors, in so far as the law has not laid 
 down special modifications, which, it may be remarked, are very nu- 
 merous. Contraventions are examined and tried by a judge who is a 
 member of the tribunal of first instance, and without the presence of a 
 prosecuting attorney. The form of procedure is of the most summary 
 jsind, and must be terminated, if possible, in one sitting. The wit- 
 nesses are not generally sworn, and only affirm, in giving the hand to 
 the judge, to speak the truth. 
 
 Appeal can be made to the superior court; and when its decision is 
 against that of the court of first instance it can be appealed up to the 
 supreme court. 
 
 A new trial can only be directed in the event that new evidence is 
 produced after the accused has been acquitted, or set at liberty on ac- 
 count of insufficiency of proof, or he has been condemned for a contra- 
 vention, and can prove later his innocence. 
 
 The district courts are in duty bound to make, every quarter, a sta- 
 tistical table of contraventions which have been informed of and 
 judged. 
 
 The chief characteristics of this Code are as follows : 
 
 1. Every offence is prosecuted by an officer named by the State, and 
 the trial depends, by exception only, upon the injured parly. 
 
 2. A special court of examination takes the place of a grand jury 
 for indictments. 
 
 3. There are three instances or degrees of criminal jurisdiction : 
 Landesgericht, Oberlandesgericht, and Oberstegerichthof. The Oberste, or 
 supreme court, decides even in the case where the superior court has 
 come to a different decision than the Landesgericht. 
 
 4. The trial is always conducted orally in superior courts. In the 
 higher courts there is a mixed procedure, documentary and oral. 
 
 5. The trial can be secret at the will of the president, and publicity 
 is very much restricted in ordinary cases. 
 
 6. There is no jury in any case. 
 
 7. The law details very minutely ail grounds of suspicion in the 
 
 10 
 
146 
 
 PENAL CODES IN EUROPE. 
 
 evidence. The judge is not in duty bound to base his decision upon 
 the legal proofs, but to give it in accordance with his convictions. 
 
 8. There are three kinds of acquittal: The simple and complete ac- 
 quittal; the setting at liberty on account of insufficiency of proof, {ab- 
 wlviia ab instantia;) and the so-called Ablassungsbeschltiss. The effects 
 of these judgments, as has been already shown, are different. 
 
 9. The sentence is put in execution by the judge of the inferior 
 courts, which is a very marked difference from the practice in the 
 criminal courts of France, and most others of Europe. 
 
 10. A new trial, in many instances which have been given, can l>e 
 directed against a suspected person after he has been acquitted or 
 sentenced. 
 
 11. There is a civil court-martial {Standrecht) which, as a general 
 rule, only pronounces capital punishments. 
 
 12. The superior and supreme courts have great latitude in the 
 application of the punishments. 
 
 13. The defence of the prisoner is more definitely guaranteed than 
 in most other European codes ; and even those who are tried in their 
 absence, in corUumacien, have a counsel allotted to them. 
 
 PROJECT OF A NEW CODE OF PENAL PROCEDURE 
 
 FOR SAXONY. 
 
 In 1836 the Saxon government proposed to the Chambers a system 
 of penal procedure, which was adopted by them on the 13th of March, 
 1838. Great opposition has been manifested to it from the commence- 
 ment, and particularly since the revolution of 1848. On this account, 
 the government appointed in that year a commission, which, after hav- 
 ing been often renewed, has just put forth a project, some details of 
 which are not without interest. 
 
 The following are some of its provisions : 
 
 1. The same principles are observed as in the Austrian code in re- 
 spect to prosecution and preliminary examination. 
 
 2. The trial is oral. 
 
 3. It is public ; only grown persons, however, are admitted. It can 
 be in secret on account of reasons of decency or danger for the public 
 peace. 
 
 4. There is no jury. 
 
 5. The grounds of suspicion and evidence are not specially deter- 
 mined in the law. The judge passes judgment in accordance with his 
 best belief, but must state the reasons for his judgment. 
 
 6. There are three degrees of criminal jurisdiction, called Bezirks- 
 gericht, Appellatlonsgericht, and Oberappellationsgericht. 
 
 There are foiir kinds of appeals against a judgment : Nichdgkeitsbc- 
 schwerde; Beru/ung ; Einspnwk; Appel. 
 
MEMOIR 
 
 ADMINISTRATIVE CHANGES IN FRANCE, 
 
 THE REVOLUTION OF 1848. 
 
ADMINISTRATIVE CHANGES IN PRANCE. 149 
 
 No. 48.] Legation of the United States, 
 
 Paris, DeceTttber 8, 1853. 
 Sir: I have the honor to transmit to you, herewith, a memoir which 
 I have prepared on the administrative changes in France since the 
 revolution of ] 848 to the close of the last session of the Corps Legis- 
 Jatif, accompanied by details concerning the principal departments of 
 administration of this country. 
 
 Other and more pressing occupations have prevented my giving this 
 document the completeness which I had intended, but I will no longer 
 delay communicating it to you, believing that it will be found, never- 
 theless, to contain information of interest to you which may be useful 
 to the department. 
 
 I have the honor to be, sir, your most obedient servant, 
 
 H. S. SANFORD. 
 Hon. William L. Maect, 
 
 Secretary of State. 
 
 THE PUBLIC POWERS IN 1847, 1848, AND 1852. 
 
 The first session of the legislative body of the French Empire viBS 
 terminated on the 28th of May last, and the new system may now be 
 considered as established. It differs in too many points from all the 
 preceding governments not to be found worthy of deep investigation, 
 not with regard to its poUtical bearings — ^these are too well known — 
 but with regard to the consequences resulting from its establishment in 
 the direction of the affairs of the country. 
 
 The changes introduced into the government and administration of 
 France by recent poUtical events have been of the deepest moment. 
 
 On the first of Januaiy, 1848, this country was governed by a consti- 
 tutional king. On the 1st of January, 1849, a sovereign assembly 
 gave laws to a Republic, and limited the prerogatives of the executive 
 power and of the president. On the first of January, 1852, this power- 
 fill assembly had disappeared, and the president exercised a dictator- 
 ship which none durst control ; and on the 1st of January, 1853, the 
 eagle once more surmounted the standards of imperial France. It 
 were needless to state that these divers changes consisted only in a 
 change of name. Each government, arising from every successive 
 revolution, was animated by a different spirit, and of necessity created 
 an administration according to its own image. 
 
 Government of 1830. 
 
 The King, who reigned by virtue of the charter of 1830, shared his 
 powers with two chambers — the one elective, the other appointed for 
 life. 
 
ISO ABMINISTBATIVE CHANGES IN PRANCE. 
 
 The former was composed of four hundred and thirty deputies^ 
 elected every- five years by the inhabitants paying a certain amount of 
 taxes. To be an elector, it was necessary to pay two hundred francs 
 in direct taxes ; and to become a deputy, it was requisite to pay five 
 hundred francs annually. 
 
 The deputies every year named their president, vice presidents, and 
 secretaries ; theii- persons were inviolable during the session, and they 
 were not liable to prosecution for opinions expressedi in the chambers. 
 Their functions were also hcmorary. 
 
 No laws could be made without the concurrence of the three political 
 powers — the King, the Chamber of peers, and the Chamber of deputies. 
 
 Every member of the two chambers, as well as the governmefit, 
 could originate bills ; and all laws were discussed indiscriminately in 
 the first place in either chamber, except the budget of taxes, which 
 (as in England) was required to be presented before the chamber of 
 deputies. 
 
 The King, or the executive power, was represented in the chambers 
 by the ministers, who were, however, required to be members, although 
 they were most always chosen from amongst the members thereof. 
 
 The constitutional king was inviolable, his ministers only being 
 responsible. They could be arraigned by the deputies, and could be 
 judged only by the Chamber of peers. They governed as long as they 
 held the majority; but when in minority, the king, either in virtue of 
 his right, dissolved the chambers, and appealed to the country, which 
 decided either by electing fresh members, or returning the same, or the 
 ministers simply resigned their functions. 
 
 Constitution of 1848. 
 
 The republican constitution of 1848 replaced the two chambers of 
 the constitutional monarchy by one sole assembly, and the King by a 
 President, elected for four years. Every Frenchman twenty-one years 
 of age became an elector, without any condition of fortune, and at 
 twenty-five was eligible to the presidency. The President of the re- 
 public was elected by the whole of the citizens. He was responsible, 
 as well as his ministers, chosen entirely by his own will. The minis- 
 ters supported the views and bills of the government, either personally 
 or through the medium of special commissions. Every representative 
 had the right of initiative in presenting laws and bills for discussion, 
 and likewise received a grEint of twenty-five francs a day. The Presi- 
 dent had not the right of dissolving the national assembly, but his veto 
 could suspend it for a certain period. He could grant pardons, but only 
 after having consulted the Council of State, elected by the National 
 Assembly. 
 
 Comtitution of January 14, 1852. 
 
 The constitution of the 14th of January, 1852, in imitation of that of 
 an. VIII, maintains the RepubHc and appoints a responsible chief, elected 
 for ten years.' This chief, who preserved the title of President, governs 
 through the medium of the ministers, the council of state, the senate, 
 
ADMINISTRATIVE CHANGES IN PRANCE. 151 
 
 and the Legislative body. Like the constitutional king, he commands- 
 the forces of the State, can declare war and make peace, negotiate com- 
 mercial treaties, sanction and promulgate the laws. He has also the 
 right of granting pardons, and, moreover, according to article eight of 
 the constitution, he alone can present laws for discussion. The minis- 
 ters do not form a council, being no longer united, but each being per- 
 sonally responsible for his own respective acts, and that on]v to the 
 chief of the State. 
 
 The Senate alone can impeach the ministers, and not the Legislative 
 body, as hitherto. 
 
 The Legislative body {Corps Legishtif) is composed of deputies 
 elected by universal suffiage, at the rate of one deputy for every 35,000 
 electors, every elector being eligible. They aj-e appointed for six years, 
 and ^according to article 37) receive no salaries. They cannot present 
 laws, (not having the right of initiative,) but vote or reject those presented 
 by the g©vernment. The deputies can present amendments, but they 
 cannot be discussed by the Legislative body until they have been allow- 
 ed by the council of state. The tribune is abolished, the deputies speak 
 from their places, and the journals cannot publish the debates, but only 
 a summary approved by the president of the Legislative body. The 
 president and vice president are named, for one year, by the President 
 of the Republic, and the sittings are public. 
 
 In addition to this elective assembly is the Senate, composed of the 
 cardinals, marshals, admirals, and other persons of note appointed by the 
 chief of the State. The senators, the number of which cannot exceed 
 150, are immovable and elected for life. Their duties are gratuitous ; 
 but the president of the republic can, by reasons of services rendered 
 to the State, or their position as regards fortune, grant them a personal 
 indemnity, which cannot exceed 30,000 francs. According to article 
 25, the Senate is the guardian of the fundamental pact, and of the public 
 liberties. No law can be promulgpted without having been previously 
 submitted to it. It has the right of rejecting all laws contrary to the 
 constitution, to religion, to morals, to liberty of worship, and individual 
 liberty, contrary to the principle of equality of all the citizens before the 
 -aw, the inviolability of property, and of the immovabiHty of the magis- 
 tracy. The Senate interprets the legal bearings of the articles of the 
 constitution, and can alone propose modifications therein. In case of 
 the legislative body being dissolved, the Senate, in the interim, is ap- 
 pointed by the chief of the State to provide for the carrying on the gov- 
 ernment. It is to the Senate, and not to the Legislative body, that all 
 petitions must be addressed by the citizens. The public are not admit- 
 ted to the sittings of the Senate, and the journals are not allowed to pub- 
 lish the debates. 
 
 The Council of State, whose duties will be referred to at a future 
 period, draws up the bills to be presented by the government, as well 
 as the rules and regulations for the public administration. It is appomt- 
 ed to support the discussion of these bills, in the name of the govern- 
 ment, not only before the senate, but before the Legislative assembly. 
 The councillors appointed to address these bodies in the name of the 
 government ai-e named by the president of the republic. 
 
 The constitution, as may be seen in the preamble, had foreseen, and 
 
152 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 provided for the case of its being modified. " A constitution," said the 
 Emperor, addressing the council of state, " is the work of time ; too 
 much latitude cannot be given for ameliorations. Therefore the pres- 
 ent constitution has fixed nothing but what it was impossible to leave 
 in a state of uncertainty. It has not enclosed within an unapproach- 
 able circle the destinies of a great people ; but has left open a sufficient 
 latitude, in case of any important crisis, to propose other means of safety 
 than the sad and disastrous expedient of revolution." 
 
 It has already been stated that it is the senate alone which can pro- 
 pose any change in the constitution. If the proposition is adopted by 
 the executive power, it is made into a law by the senatus consulte. 
 Nevertheless, an appeal to universal suffrage is necessary whenever 
 the modifications proposed attack the fundamental basis of the consti- 
 tution as laid down in the proclamation of the 2d December, 1851.* 
 
 It is well known that, in the same year, 1852, the senate was called to 
 act upon this right, and to propose a modification to the constitution of 
 the 14th January. When the electoral committees had, by the vote of 
 the 20th and 21st November previous, given their sanction to the senatus 
 consuhum of the 7th November, and re-established the empire by 
 7,824,189 votes out of 8,140,660 voters, it was necessary to establish 
 the fundamental pact on the same footing and in accordance with the 
 new form of government. 
 
 Thus, the Senatus Consultum of the 25th December, 1852, acting' on 
 the interpretation and modification of the constitution of 14th January, 
 1852, abrogated the articles which limit the duration of the functions of 
 the chief of the State and which preserve the title of the President of 
 the Republic. It also (article 3) confers on the Emperor the right of 
 modifying the customs' duties whenever engaged so to do by commer- 
 cial treaties, without being obliged to consult the legislative body. The 
 Emperor can ordain or authorize all works of public utility, railroads* 
 canals, &c., but in order to grant a subsidy, he must consult the legis- 
 lative body, vfhich still continues to vote the taxes. The budget, also, 
 is still brought forward, with its different administrative subdivisions 
 into chapters and articles, but is votedybr each separate Miniitry, so that 
 the government possesses the right of modifying the repartition of the 
 credits in the different ministerial departments.t The deputies receive 
 a monthly indemnity of 2,500 francs, and all the senators a settlement 
 of 30,000 francs each per annum. 
 
 It is evident that every change in the constitution ha^ produced a 
 greater or less variety of modifications in the organization of the ad- 
 ministration. An analysis of them will naturally be found in the fol- 
 
 * The following are its principal features : 
 
 lat. A responsible chief appointed for ten years. 
 
 Sd. Ministers dependant upon the executive power alone. 
 
 3d. A council of state, composed of the most distinguished men, to prepare the laws and 
 maintain their discussion before the legislative body. 
 
 4th. A legislative body to discuss and vote the laws, appointed by universal suffiage and 
 by ballot. 
 
 5th. A secondassembly, composed firom all the principal men in the kingdom, a preponder- 
 ating power, and as a guardian to the fundamental pact and the liberties (» the public. — (See 
 the BuUelin de Lois for the year 1851, page 989.) 
 
 t For an explanation, see the chapter on the finances. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 153 
 
 lowing details, under each respective branch of the public service. But 
 before going into these details, I shall proceed to give a general view 
 of the administration of France, and to show its peculiar characteristics. 
 
 Centralization. 
 
 Notwithstanding the attacks to which the system of administration 
 designated by the title of centralization has been exposed, it still enjoys 
 general favor in France. Even its adversaries render justice to the 
 principle, and acknowledge the utility of the whole, while they only 
 attack its abuses. 
 
 The administration of France, in fact, has had the rare advantage of 
 being formed at a time when all was swept away that could stand in 
 the way of laying out completely its different parts, and uniting them 
 together in a logical order of ideas. The national assembly of 1789 
 formed the original bases, and succeeding governments, whatever may 
 have been their difference, have only had to develope and even strengthen 
 the principles already laid down by their predecessors. 
 
 Tnis admimstraSr?e centralization may be defined as a system of 
 organization which makes all the public powers of the kingdom diverge 
 from a common and single centre. It is a hierarchy of public men and 
 government officers, having at their head the chief of the State, whether 
 under the title of King, President, or Emperor, whom they represent, 
 and- of whom they Eure the agents, from the highest down to the lowest 
 officers of the State. 
 
 ]i£nisters. 
 
 The officers the nearest in connexion with the chief of the State — 
 those whom he consults, and to whom he directly transmits his orders — 
 are the ministers. Under the constitutional regime, previous to the 
 year 1848, they were responsible before the chambers ; but, as the 
 king could not put in execution any public act without being counter- 
 signed by a minister, the will of the latter necessarily limited that of 
 the king. 
 
 The constitution of 1852 makes the ministers responsible only to the 
 head of the State, and consequently removes all difficulties to the exe- 
 cution of his will, so that a minister, in fulfilling his orders, can incur 
 no reproach. 
 
 The number of ministers has not always been the same. During 
 the latter years of the government of July, and during the Republic 
 of 1848, there existed nine ministerial departments, namely ; 
 
 The minister of Justice, and, previous to 1848, of Public Worship ; 
 
 The minister of Foreign Affairs ; 
 
 The minister of War ; 
 
 The minister of the Naval Department and the Colonies ; 
 
 The minister of the Interior ; 
 
 The minister of Public Works ; 
 
 The minister of Agriculture and Commerce ; 
 
 The minister of Public Instruction, and, since 1848, of Worship ; 
 
 The minister of Finance. 
 
154 ADMINISTKATIVE CHANGES IN FRANCE. 
 
 By decree of the 25th June, 3852, the minister of Agriculture and 
 Commerce was united to that of the Interior, and the Police placed' 
 under the direction of a separate minister ; in addition to which (t 
 ministry of State was appointed. 
 
 The ministry of General Police was suppressed, however, by a de- 
 cree dated 21st June last, and the ministry of Agriculture and Com- 
 merce (united with that of Public Works) re-established on the 24th of 
 the same month, so that there exist at the present moment nine different 
 ministers. 
 
 Duties of the different Ministers. 
 
 The duties of the different ministers are clearly defined, so that no 
 confusion or serious dispute can arise. They exercise these duties, or 
 the powers conferred upon them, either through the medium of special 
 agents appertaining to each respective department, or of the local 
 officers representing the central authorities, and who are, consequently, 
 at the disposal of all the ministers. 
 
 Local Functionaries. 
 
 These local functionaries are the prefects of the 86 departments, the 
 sub-prefects of the 363 arrondissements,* and the mayors of the 36,835 
 communes. 
 
 Special Jigents of Government. 
 
 Among these special agents must be reckoned, for the minister of 
 Justice, the solicitors and attorneys general ; for the minister of Public 
 Works, the engineers ; for the Naval Department, the maritime pre- 
 fects ; for the ministry of Public Instruction, the rectors of academies 
 and inspectors ; and for the Financial Department, the directors, re- 
 ceivers, comptrollers, tax-gatherers, custom-house officers, and other 
 agents. Many of these officers are under the control of a council, 
 whose advice is in some cases obligatory ; in others it is optional. 
 
 These different officers and councils naturally possess different pow- 
 ers, according to their rank, and to the extent, nature, and manner in 
 which they are displayed. 
 
 Acts of the Government. 
 
 The chief of the State, whether. King; President, or Emperor, being 
 the head of the executive power, all the acts of the administration ema- 
 nate from him, as possessing the greatest and most general authority. 
 The acts of the royal authority, and even those of the president of the 
 republic were founded : 
 
 1st. On the report of a single minister ; 
 
 2d. On a declaration of , the council of state ; 
 
 3d. In a council of ministers. 
 
 * There are but 277 sub-prefectures, the prefects themselves officia/ting personally over one 
 arrondissement each. 
 
ADMINISTRATIVE CHANGES IN PBANCM. 
 
 165 
 
 Since the constitution of the 14th January, 1852, the ministers alone 
 no longer constitute a council, and consequently no act of the imperial 
 government need be decided upon in a Council of ministers. 
 
 From the chief of the State emanate, on the report of a niinister, two 
 distinct kinds of acts : 
 
 1st. Certain discretional matters, such as appointments, rewards, &c., 
 which generally relate to individuals ; and 
 
 2d. Those acts which relate to the measures necessary for the pub- 
 lic service. 
 
 Many measures of this latter class are first submitted to the delib- 
 eration of the Council of State as a matter of form, and its opinion 
 adopted or not, at the discretion of the chief of the State. On the other 
 hand, there are a great number of acts for which the law requires that 
 the Council of State should be consulted, and sometimes even with the 
 stipulation that its opinion be followed. They consist principally in 
 the laws relating to the public administration ; that is to say, the laws 
 made by the legislative powers. But there are other measures, legis- 
 lative in character, yet requiring a minuteness of detail in execution, 
 and a certain local knowledge, which in France are not considered to 
 belong to large assemblies. In these cases, legislative power is confer- 
 red upon the administration, on the condition only of presenting its 
 measures for deUberation to an assembly of men accustomed to the dis- 
 cussion of the various details, and sufficiently numerous to ehcit a va- 
 riety of important opinions without falling into the inconvenience of 
 more numerous assemblies. These regulations for public administra- 
 tion are examined in a regular methodical manner, and finally, after 
 dehberation by the Council of State, are published in the Bulletindes Lois. 
 
 There are other acts within the royal or imperial authority, which 
 must by law be deliberated in the Council of State ; such as those re- 
 lating to the naturalization of foreigners, changes of name, the erection 
 of public or private places of worship, &c. 
 
 The acts of the administration which, under the charter of 1830, the 
 royed authority submitted to the Council of ministers, were — 
 
 1st. The granting of supplementary credits, required by the ministers 
 in the absence of the Chambers. — (Law of the 24th April, 1853.) 
 
 2d. The maintaining in active service on the Etat-major (general 
 staff) of the army, to the age of sixty-eight, all heutenant generals aged 
 sixty-five years. — (Law of the 4th August, 3839.) 
 
 3d. The revoking councillors of States, and maitres de requetes on or- 
 dinary service. — (Law of 19th July, 1845.) 
 
 4th. The decision of all questions in dispute not conformable to the 
 opinion of the Council of State. 
 
 Mi7dsters. 
 
 Immediately after the power of the Chief of the State comes that of 
 his ministers, the particular duties of each minister are defined by the 
 name of his department. One is charged with the administration of the 
 interior of the kingdom, another with the war department, a third with 
 the finances, and so forth. But they, notwithstanding, all posses gen- 
 eral powers. For example, no payments can be made without the au- 
 
156 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 thority of a minister.* The ministers appoint and remove all oflBcers 
 under their direction ; they possess the right of consulting the Council 
 of State; they have power over citizens within limits defined by the 
 law, to enforce the due execution of the service required by their re- 
 spective departments ; their authority extends over the whole king- 
 dom. 
 
 Prefects. 
 
 The authority of the prefect, (Prefect) on the other hand, is limited to 
 his particular Department, in which he represents the superior au 
 thority or the government. He is under the orders of all the ministers, 
 and is frequently only an organ for transmission or notification, and for 
 general superintendence. Under their direction, he is, besides, the 
 guardian of public authorityin his department, names and revokes the 
 inferior agents under him, and acts with the authority of command over, 
 persons and things within his jurisdiction. According to the terms of 
 the tenth article of the Code of criminal procedure, the prefects in the 
 Departments, and the Prefect of Police at Paris, can oblige and require 
 the officers of judicial police to prepare and to produce the acts neces- 
 sary to prove the existence of crimes and misdemeanors To fulfil 
 these various duties the Prefect acts alone, aided by a council of pre- 
 fecture, to which a further reference will be made hereafter. 
 
 The Prefect not only represents the superior authority, he also repre- 
 sents the interests of the Department. He authorizes the outlay of 
 funds voted by the Council general ; he manages the property belong- 
 ing to the Department ; directs the public works, and commences or 
 carries on proceedings in his name before the tribunals ; an appeal, 
 however, can always be made against his decision to the competent 
 minister. 
 
 Sub-Prefects. 
 
 The Sub-Prefect {smis-Pirefect) is the head of an arrondmement, of 
 which there are from three to seven in each Department.t His office 
 is a medium between the prefect and the mayor. He is generally the 
 organ for the transmission of information and superintendence ; but, in 
 a few cases, he has the right to give commands. 
 
 The arrondissement is composed of a certain number of cantons, of 
 which there exist 2,847 in France. The canton is not exactly an ad- 
 ministrative division, notwithstanding there are some officers whose 
 duties are limited according to the exteni of the canton, the Juges de 
 paix, or justices of the peace, for example. But as they are not admin- 
 istrators, the subject will be referred to when treating on the judicial 
 organization of France. Each canton comprises several communes. J 
 
 * They are the ordonnatews (directors) of the expenses — and the authority to pay away 
 money is called an ordonnancemsnt, or order on the treasury. 
 
 t There are three hundred and sixty-three arrondissements in France,.or, on an average, 
 upwards of four to each Department. 
 
 i The number of communes is 36,835. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 157 
 
 Mayors. 
 
 At .the head of each commune is a Mayor {Maire.) In France they 
 belong both to the judicial and administrative class. They are the ot- 
 ficers of judicial police, (see Code of Criminal Procedure, article 8,) 
 judges in cases of simple police, (idem articles 140 and 166 to 171,) 
 and they represent the attorney and solicitor general before the tribu- 
 nals of simple police. — (Article 149.) 
 
 As officers belonging to the administiation the Mayors are the repre- 
 sentatives of the law and the executive power, for the due execution of 
 whatever relates to the public service in the commune. They are 
 equally the medium of transmission, notification, information, super- 
 vision, and control, and are, besides, invested with the authority to 
 command, principally in all matters relating to the municipal police; 
 this is in order to ensure the safety, convenience, and freedom of travel 
 over the public roads of the commune, as well as the tranquility and 
 sanitarj' well-being of the inhabitants. For these various purposes the 
 Mayoi- has the power to issue arreles or circulaires,* which are subject, 
 however, to be reformed, or annulled, by the superior authorities, but 
 have, nevertheless, a provisional force. Permanent measures alone 
 require the approbation of the prefect before they can be put in execu- 
 tion. This approbation its considered as granted, when the Prefect h%s 
 not, within a month from is receipt by the Sous-Prefect,+ returned an. 
 answer to the arrete of the Mayor. 
 
 The Mayor is also authorized to call in the assistance of the military 
 whenever he judges it necessary for the maintenance of tranquility. 
 
 He also represents the special interests of the commune, in respect 
 to the State, as well as those of the inhabitants and public establish- 
 ments of the commune. 
 
 All orders for the payment of moneys by the municipal council are 
 made through him, and he administers the property of the commune, 
 and directs the public works ; he commences and carries on, in the 
 name of the commune, all law proceedings before the judicial and ad- 
 ministrative authorities, and exercises a sort of officious guardianship 
 over individuals inhabiting his commune. 
 
 The Mayor keeps the registers of births, marriages, and deaths,| 
 {etat civil,) and represents the authorities in all civil marriages. 
 
 *The King exercised his authority of a royal ordonnance ; the President of the Republic, or 
 the Emperor, by a decret ; the Minister, Prefects, Sous-Prefects, and Mayors, by arretes {cir- 
 culaires;) the Prefect of Police, by an ordonnance de police. The superior tribunals pro- 
 nounce arrets; the lesser tribunals pronounce jugements, and the presidents of tribunals give 
 ordonnances. 
 
 ■fWho is required to deliver a regular receipt for the same. 
 
 J Every child must be presented, within three days after its birth, to the Mayor, for regis- 
 try; the declaration must be made by the father, under penalties, and if there is no father, by 
 the mother or physician, or other persons who have been present at the birth, with two wit- 
 nesses. The certificate of birth contains the day, hour, and place of birth, the sex, christian 
 name, the surnames and christian names, professions, and domicile, of the parents and wit- 
 nesses. 
 
 For marriages, the publication, and all other necessary formalities, are made by the mayor, 
 who performs the ceremony in presence of four witnesses, and enregisters the same with all 
 the details. 
 
 In case of death, declaration is made of the same by two witnesses, and after personal con- 
 statation, or by deputy of the same, authorization for burial is granted by him, and the same 
 duly enregistered. 
 
158 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 Deputy Mayors. 
 
 In case of hindrance, the Mayor is represented by his deputy, {ad- 
 joint,) whose functions, as well as those of the Mayor, are gratuitous. 
 He alone exercises acts of the judicial police which are devolved upon 
 the Mayor, and which he always confides to the deputy. 
 
 From the preceding remarks it will be observed that all commands 
 from the chief of the State pass from the minister to the prefect, and 
 from him to the sub-prefect and mayor, before they reach the citizens 
 affected by them. 
 
 Councils. 
 
 A generally established principle in France is, that the active duties 
 should be fulfilled by a single person, and not by a number of individ- 
 uals. Without this unity of action, rapidity is impossible ; indepen- 
 dently of which there is no responsibility. But in order to enable them 
 the more efficaciously to carry out the views of government, the law, 
 and divers ordinances, or decrees, have established a number of coun- 
 cils, whose advice may or must be required, although it does not follow 
 that these functionaries are thereby obliged to follow it. For instance, 
 tlie mayors are assisted by the municipal council, the sub-prefect by 
 the arrondissement council, the prefect by the council of the prefecture, 
 and the council general. Every minister, even, relies on the different 
 councils, each having a special object in view, and to some of which I 
 shall refer at a future period. Whilst, to sum up all, the government 
 itself is enlightened by the Council of State. 
 
 There exists, also, another organization, at once administrative and 
 judicial, the study of which offers peculiar interest : the administration 
 contentieuse, (or of disputed claims.) This division is the fundamental 
 principle of the entire judicial and administrative institutions of France. 
 The judge is liable to criminal punishment when he does not refuse to 
 sit in judgment on administrative cases.* 
 
 Contentieux, {Disputed Claims.) 
 
 The acts of the administration, howcA'er enlightened be the function- 
 aries who execute them, and the councils by whom they have been 
 previously discussed, come into collision, notwithstanding, in many 
 c£Mses, with the views and interests of the public. 
 
 Justice, equity, cind prudence required that a means should be pro- 
 vided for receiving their claims on the subject. These claims may be 
 of two kinds : In the first instance, of citizens complaining that the acts 
 
 The Mayor must give a certified copy of any of the above acts of the etat civil, on demand. 
 
 These registers are kept in duplicate, and are numbered and signed on each page, before 
 they are filled, by the president of the tribunal of first instance, and are closed at the end of 
 each year, and one copy deposited at the office of the clerk of the court, (greffe du tribunal,) 
 and the other in the archives of the commune. The only legal proof of birth, marriage, or 
 death, is by means of these registers. — (Code CSvil, articles 34 to 102.) 
 
 * The deciding on the competency of the courts in these questions is the subject of daily 
 controversies. See Cormenin — Q«estio«s du Droit jSdministratif. Macarel — Sur Us Conflits 
 At Competence. 
 
ADMINISTRATIVE CHANGES IN FHANGE. 169 
 
 of the administration have wounded their interests and blasted their 
 hopes ; and secondly, that they have infringed on their rights. 
 
 In the former case they apply to the government in the name of 
 equity, and await the reform of the act hurtful to their interests, by an 
 act of benevolence on its part. 
 
 In the second case, it is in the name of the law they speak, and jus- 
 tice which they claim. 
 
 Claims of this second kind are followed up by the means of which 
 we are treating ; a real lawsuit teikes place between the government 
 representing society, or the general interest, on the one hand, and the 
 individual whose rights are attacked, on the other. 
 
 The principles adopted in France relative to the separation of the 
 difierent powers, does not allow the matter to be brought before the 
 judicial authorities ; but it has been imagined that the authority called 
 upon to judge in the question ought not to belong to the hierarchy of 
 the agents from whence proceeded the incriminating act, and that the 
 decision should have the same force as the judgments of the tribunals. 
 The members of this tribunal may then be considered, and in general 
 are so, as administrative tribunals. 
 
 These tribunals are : The councils of prefecture, which decide in 
 most cases of administrative discussion, and against whose decision an 
 appeal can be made to the Council of State ; and in matters of finance 
 to the cour des comptes, (court of accounts.) 
 
 Next to these, are the various commissions for public works ; the 
 councils of revision, for recruiting the army ; the conseil de recensement, 
 for the national guard ; the academic councils, and those of the various 
 faculties — ^law, medicine, &c„ &c. In fact, this is considered, and with 
 reason, one of the most difficult as well as most delicate questions on 
 public law ; so that I can make but a shght reference to it. 
 
 In the preceding remarks only a slight sketch of the French admin- 
 tration has been given. To comprehend the different modifications 
 which the various successive goveinments in France have, within the 
 last few years, introduced into the government of the country, it is ne 
 cessary to enter further into detail. The £Iouncil of State being, at the 
 present moment, in the first rank in the administrative hierarchy, I 
 shall proceed to give a sketch of this department, and subsequently of 
 each ministerial department in succession, in order to embrace the 
 whole of the important public functions exercised in France. 
 
160 ADMINISTKATIVE CHANGES IN FEANCE. 
 
 n. 
 
 THE COUNCIL OF STATE.* 
 
 Condition on the outlreak of the revolution o/'1848. 
 
 On the outbreak of the revolution of 1848, the Council of Slate was 
 regulated according to the royal ordinance of the 20th September, 1839, 
 and the decrees of 11th June and 22d July, 1806. In accordance with 
 which, it was composed of the ministers, councillors of State, the maitres 
 de requites, (masters of requests,) auditors, and a secretary general, 
 having the rank and title of a maitre de requeles. The minister of justice 
 (the keeper of the seals) was president, and a councillor of State, ap- 
 pointed by the King, vice-president. 
 
 Composition. 
 
 The councillors of State were on ordinary and extraordinary service. 
 The ordinary service was composed of thirty councillors of State, thirty 
 masters of requests, and eighty auditors. 
 
 Independently of the members of the ordinary service, twenty coun- 
 cillors of State, belonging to the extraordinary service, could be author- 
 ized to take part in the dehberations. The duties of councillor of State 
 and maiire de requites, on ordinary service, were incompatible with all 
 other functions. The king had the power of conferring the title of 
 Councillor of State, or maitre de requetes, on extraordinary service, on 
 any person he thought worthy of that hoilor. 
 
 In order to examine the various disputed questions presented for dis- 
 cussion, the Council of State was divided into five different committees, 
 nanjely : 
 
 DenomiTiation. 
 
 The committee of legislation, (corresponding to the ininisters of 
 foreign affairs and of justice ;) 
 
 The committee for the war and naval department; 
 
 The committee for the interior and public instruction ; 
 
 The committee of commerce, agriculture, and pubhc works ; and 
 
 The committee on finance. — (See article 15th of the ordinance of 
 20ih September, 1839.) 
 
 A sixth committee, composed of four councillors of State, six maitres 
 de requetes and twelve auditors, chosen from among the members of the 
 preceding committee, was cliarged with the examination of all disputed 
 claims, (affaires contentieuses.) 
 
 These various committees, after deliberation, drew up a report on the 
 various bills and government measures, as well as ordinances, which 
 the ministers thought proper to lay before them, and which report was 
 laid before the general Council of State, under the ordinary forms.t 
 
 *See appendix. 
 
 t That is to say, they were preceded by the preamble " The council of state being heard." 
 
ADMINISTRATIVE CHANGES IN FRANCE. 161 
 
 All important reports were drawn up by the councillors of Slate and 
 the masters of requests, those of minor note by the auditors. The minis- 
 ters presided over the committee attached to their respective depart- 
 ments ; and the keeper of the seals, or the vice-president, presided over 
 the deliberations of the general assembly of the Council of State, (or 
 the whole of the members of the different committees in one body.) 
 Thus all matters were discussed and decided upon in the general as- 
 sembly, although all had not been previously prepared in a special 
 committee. 
 
 Government bills. 
 
 All government bills were, in the first place, submitted to the Council 
 of State, but it is well known that on this point, previous to the year 
 1848, its intervention was not obligatory. It was not the same, how- 
 ever, with matters concerning the government regulations. It results 
 from the article sixteen of the royal ordinance of the 20th September, 
 1839, that the regulations of the jjublic administration, required by a 
 great number of laws, should be deliberated on by the Council of State. 
 This deliberation being notified by the formula — " The Council of State 
 beii^ heard." 
 
 The rules and regulations of the public administration are equally 
 obligatory as the laws themselves, with this difierence, that the legisla- 
 tive power alone can modify a law, whilst a regulation {reglement) can 
 be modified by the executive power, in the same form, however, as 
 previously established. * 
 
 Decisions respecting disputes concerning the different attributions of the gov- 
 ernment departments, ^c. 
 
 Among the other duties of the Council of State may be reckoned, in 
 the first place, the preparation of all decisions respecting disputes con- 
 cerning the different functions of the government departments. 
 
 The separation of the judicial and administrative powers is consid- 
 ered, in France, as one of the most valuable conquests of the revolution 
 of 1789, and the legislation, as well as the government, in practice, 
 have studied to keep up this separation. 
 
 It is to the Council of State, or, as is generally stated, the chief of the 
 State surrounded by his council, that belonged, and still belongs, the right 
 of holding the balance* between the two powers. The matters in dis- 
 pute are regulated by the royal ordinance of 1st June, 1828, issued in 
 accordance with the views of a commission, of which the illustrious 
 Portales was president. The following are the remarks made by the 
 celebrated Cuvier, who formed one of the committee, on the subject : 
 
 " Le conflit est le moyen accords au pouvoir amovible et responsable 
 pour se d6fendre centre les invasions du pouvoir inamovable et irrespon- 
 sable. Les affaires judiciaires en France, seul pays connu ou il en 
 soit ainsi, etant entierement confines a des corps collectifs et inamovi- 
 
 • The constitution of 1848 had established a tribunal des conflits, or tribunal for disputed 
 points, composed of four councillors of State and four councillors of the court of cassation, 
 presided over by the minister of justice ; but this tribunal has been since suppressed. 
 
162 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 bles, la cessation qui, comme avant la revolution, appartenait au conseil 
 du roi, ayant €t€ elle-meme attribute a un corps de ce genre, (a la cour 
 de cassation,) il 6tait rigoureusement necessaire, si Ton voulait con- 
 server un governement responsable, d'enlever soigneusement aux trib- 
 unaux toutes les matieres administratives, c'est a dire, tout ce qui a 
 rapport au governement gdn6ral, a la police, a I'exercise des droits 
 qui appartiennent a la communante comme telle; ces matieres etant, 
 par leur nature, I'objet de I'ambition, des individus et des corps, parce- 
 qu'ils donnent plus d'autorit6, plus de credit, ef plus de moyens de 
 favoriser ses creatures, I'autorit^ judiciaire a une tendance naturelle a 
 s'en emparer, et chacun se souvient que dans I'ancien rdgime les parle- 
 mens s'en 6taient empares en grande partie, et ils dtaient sans cesse en 
 guerre a ce sujet avec le gouvernement. Le gouvernement avait ce- 
 pendant alors une defense qu'il n'a plus, I'arme de la cessation, dont il 
 est d6pouille aujourd'hui. 
 
 " L'assembl6e constituante, compos6e d'hommes qui avaient 6t6 
 t^moins de ces d6bats, s'apergu promptement qui si elle n'y portait pas 
 remede, le pouvoir lagislatif lui meme serait an6an.ti, car il n'aurait 
 aucun moyen d'arreter les autorit^s judiciaires, ni de les faire repondre 
 de leurs actes ; quelque impartiale que puisse etre la cour de cassation, 
 elle appartient a I'ordre judiciaire. EUe est.compos^e des memes 
 elements, et, en matieres d' attributions, elle a les memes inter6ts ; enfin, 
 et surtout, il n'y a aucun moyen de reformer ses arrets ; la disposition 
 qui donnait au roi, sous la responsibility de ses ministres, le droit de 
 juger les conflits, etait done une consequence math^matique de I'^tab- 
 lissement du gouvernement repr^sentatif. Admettons, en effet, une 
 disposition contraire ; insensiblement les tribunaux jugeront les ques- 
 tions administratives, ils s'empareront de la police, ils entraveront le 
 gouvernement, ils finiront par faire des lois par leurs arrets. Sans 
 cesse les ministres aurontadire qu'ilsne peuvent repondre d'operations 
 dans lesquelles leur action n'est pas libre; et que pourrait faire le 
 corps legislatif? II sera toujours muet devant ses arrets. Au con- 
 traire, que le gouvernement abuse des conflits, qu'il enleve les citoyens 
 a leurs juges naturels ; qu'ils intervertissent les jurisdictions ; ces min- 
 istres peuvent, a cbaque instant etre appel6s a en repondre devant les 
 chambres. II y a I'abus de ce remede, un autre remede toujours pret. 
 
 "Ce n'est done pas seulement laloi positive, c'est la raison, c'est la 
 nature des choses qui veut que le jugement des conflits appartienne au 
 gouvernement ; qu'on les r^gle de maniere a ne pas choquer sans neces- 
 sity les tribunaux, a ne point trainer mal a propos les citoyens devant 
 I'autorite administrative dans les matieres judiciaires." 
 
 It results from the preceding remarks that the tribunals, on the other 
 hand, " cannot raise a discussion against the encroachments of the ad- 
 ministration." This point has been decided by the Council of State in 
 several circumstances. 
 
 impeachment of agents of government. 
 
 Another important function of the Council of State, and which has a 
 certain analogy with the conflits, is that " no agent of the government, 
 except the minister,' can be arraigned for facts resulting from his office. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 165 
 
 except in virtue of a decision of the Council of State; and in this case 
 the trial takes place before the ordinary tribunals." — (Law of 22 Fri- 
 majre, an. VIII.) 
 
 As to the other duties of the Council of State, to avoid repetition they 
 will be referred to at a future period. 
 
 Charges irUrodticed by the revolution of 1848, vnth respect to the appoint- 
 ment of the councillors of State, 
 
 Previous to 1848 the councillors of State were appointed by the King, 
 who could not remove them except by a decision of the Council of 
 mmisters. The constitution of 1848 entirely changed the Council of 
 State, its members being elected for six years by the National Assem- 
 bly, which alone could revoke them on the proposition of the President 
 of the Republic. 
 
 Modifications introduced by the constitution of 1852, with respect to the 
 appointment of councillors of State. 
 
 • 
 
 By the constitution of 1852 the organization and functions of the 
 Council of State were again modified, and the councillors appointed by 
 the President of the Republic himself, and subsequently by the Em- 
 peror, who has reserved to himself an unlimited right of revocation. 
 
 Attributions in 1848. 
 
 The constitution of 1848 also required (§ 75) that the conseil d'etat 
 should be consulted not only on the government bills but on those 
 which the National Assembly sent in to be examined. 
 
 The Council of State prepeired the rules and regulations for the pub- 
 lic administration, and framed those which the National Assembly had 
 specially delegated it so to do. It was at the same time charged with 
 a certain control and superintendence over the different government of- 
 ficers ; gave judgment in cases of discussion ; it decided, on the demand 
 of the ministers, every difficulty which arose between them ; in a word, 
 it exercised also the powers appertaining to the Council of State in vir- 
 tue of all previous laws not abrogated. 
 
 Composition in 1848. 
 
 The Council of State was composed (law of 15th and 17th January, 
 and 3d March, 1849*) of the Vice-President of the Republic as presi- 
 dent; forty councillors of State, elected by the national assembly; 
 twenty-four masters of requests, appointed by the President of the Re- 
 public and proposed by the Council of State ; and twenty-four auditors, 
 elected and chosen by competition. 
 
 The ministers had a seat in the councU and the right of speech when 
 they required it. 
 
 • It is but one single law. Under the republic every law was thrice diecussed and voted 
 and the three dates given. 
 
164 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 The Council of State was divided into three sections : 1st. The sec- 
 tion of administration ; 2d. The section of legislation ; 3d. The section 
 of administrative discussion, {contendeux.) 
 
 The councillors of State of each section elected their president by 
 secret ballot, and the president of the legislative section fufiUed the 
 functions of vice-president of the Council of State united in general 
 sittings. The ofiBce of councillor of State in extraordinary service did' 
 not formerly exist. 
 
 Present organization. 
 
 The present organization of the Council of State differs very materi- 
 ally from the above. 
 
 Conformably with the decrees or organic laws of 25th and 30th Jan- 
 uary, 1852, and the imperial decree of 31st December, 1852, the Coun- 
 cil of State is composed of a president ; from forty to fifty councillors on 
 ordinary service ; of, at the utmost, fifteen councillors on ordinary ser- 
 vice, hors section; of councillors on extraordinary service, the number, of 
 which cannot exceed twenty ; of forty masters of requests and forty au,- 
 ditors, each divided into two classes; and of a secretary general, having 
 the rank and bearing the title of master of requests. The ministers hold 
 rank, and have a seat and deliberative voice in the council. 
 
 The duties of councillor of State on ordinary service are hicompatible 
 with any other functions or office. The councillors of State on ordinary 
 service, liqrs sections, on the contrary, are chosen from among persons 
 filling the higher public offices. 
 
 Sections. 
 
 The Council of State is divided into six sections, viz : 
 
 The section of legislation, justice, and foreign affiiirs; 
 
 The section for litigious affairs ; 
 
 The section for the interior, public instruction, and worship ; 
 
 The section of pubhc works, agriculture, and commerce ; 
 
 The section of war and the marine ; 
 
 And the section of finances. 
 
 This division may be modified by a decree of the Emperor. Each 
 section is presided over by a councillor of State on ordinary service, 
 with the title of president of the section. All matters for discussion are 
 at first drawn up by a reporter, who must be, for new bills, a councillor 
 of State; other matters may be reported on by a master of requests or 
 an auditor, according to their importance. No decision, however,. can 
 be taken, except in a general assembly of all the sections united. 
 
 At present no law can be made unless the Council of State has de- 
 cided and adopted it in a general assembly. 
 
 The councillors of State also argue and support the different bills pre- 
 sented by the government before the legislative body and the senate, 
 every section being appointed to prepare those which relate to matters 
 within the jurisdiction of the various ministerial departments to which 
 they correspond. 
 
 It may not be uninteresting to produce the text of article 13th of the 
 
ADMINISTRATIVK CHANGES IN FRANCE. 165 
 
 Decree of the 30th January, 1852, which enumerates the list of various 
 matters which must necessarily be brought before the general Assem- 
 bly of the council of State. It is as follows : 
 
 Article 13 of decree of the 30lh January. 
 
 Must be laid before the general asserribly of the Council of State : 
 
 All bills and projects of rules and regulations of the public admin- 
 istration ; 
 
 All projects of decress having for object : 
 
 1st. The registry of the bulls and other acts of the Holy See ; * 
 
 2d. Recourse for abuses ; 
 
 3d. The permission to establish religious- congregations, and the 
 verification of their statutes ; 
 
 4th. Prizes taken at sea ; 
 
 5lh. The concessions of portions of the domains of the State and of 
 mines, whether in France or in Algeria ; 
 
 6th. The authorization or creation of establishments of public utility, 
 whether founded by the departments, the communes, or private indi- 
 viduals ; 
 
 7th. The establishment of departmental roads, digging canals, or lay- 
 ing down branch railroads, which may be authorized by a decree of 
 the executive power ; 
 
 8th. Concessions for draining ; 
 
 9th. The creation of tribunals of commerce, and councils of prw<i'- 
 hommes, the establishment or the proroguing of temporary chambers in 
 the courts of justice and tribunals ;t 
 
 10th. The authorization to commence proceedings against the agents 
 of governments ; 
 
 11th. Naturalizations, the revocation and modification of permissions 
 granted to foreigners to establish their residence in France ; 
 
 12tb. The authorization granted to establishments of public utility, 
 to ecclesiastical establishments and religious congregations, and the 
 communes and departments of France to accept gitts and legacies, not 
 exceeding fifty thousand francs in value ; 
 
 13th. The permission to establish joint stock companies, tontines, 
 discount banks, and other establishments of a similar nature ; 
 
 14th. The establishment of bridges, with or without levying tolls 
 thereon ; 
 
 15th. The closing of dangerous, inconvenient, or unhealthy estab- 
 lishments, and their suppression in the cases provided for in the decree 
 of the 15th October, 1810 ; t 
 
 * The law of the 18th Germmal, year X, (celebrated under the title of articles organiques,) 
 article 1st, says : " No bull, even relating to private persons only, can be received into France, 
 pablished, or otherwise put into excution, without the authority of the government." 
 
 f The tribunals are divided into Chamiers ; when the accumulation of suits or causes re- 
 quires it, a temporary chamber is created, in order to expedite the trials. 
 
 J The different establislraients, (mills, manufactories, &c.,) dangerous or inconvenient for 
 the neighbors, are divided into three classes, according to the degree of danger they present. 
 These establishments require a special permission or authorization, subject to various con- 
 ditions. 
 
166 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 16th. The tariffs for the burial dues in communes containing upwards 
 of fifty thousand inhabitants ; 
 
 17th. The fixing or suppressing of the tariffs of loll duties, and modi- 
 fying the same ; 
 
 18th. The fixing pensions for the public officers of the departments 
 and communes ; 
 
 19th. All matters which, not included in the above, after being ex- 
 amined by one of the sections, are sent up to the general assembly 
 by order of the President of the Republic, (or of the Emperor ;) 
 
 20th. All matters which, by reason of their importance, the presi- 
 dents of each section, (of his own accord,) or at the request of the sec- 
 tion, may judge worthy of being sent for examination before the said 
 general assembly, as well as all matters which the government may 
 require it to deliberate upon. 
 
 Tribunal on " confiits." 
 
 The legislature, on the basis of the constitution of the 4th November, 
 1848, had established a tribunal des conflits, consisting of an equal num- 
 ber of councillors of State, and councillors of the court of Cassation, 
 (who are judges.) The organic law of the 25th January, 1852, 
 (article 17,) attributes this office to tbe Council of State, and confers the 
 previous examination of matters in dispute, to the section des conteniieux, 
 which is composed of six councillors of State and a certaiii number of 
 masters ofreqieests and auditors. When a question has been prepared 
 in this section, that is to say, when it has been discussed, and a report 
 made thereon, in the name of the section, it is laid before the delibera- 
 ting assembly of the Council of State on disputed claims. This assem- 
 bly consists only of the members of the section of disputed claims, 
 {contentieux,) and two councillors, elected for two years, from each of 
 the five other sections, making- in all sixteen members. 
 
 This assembly acts as a tribunal to judge in all matters in dispute 
 between two jurisdictions, or between private 'individuals and the 
 administration ; its sittings are public ; the advocates of the respective 
 parties are admitted and allowed to offer verbal remarks on the subject, 
 but not to argue.* A government commissioner (a master of requests, 
 appointed for that purpose) gives his opinion, and explains the motives 
 thereof, and the assembly pronounces its decision, which is promulgated 
 by a decree. 
 
 Salaries. 
 
 Under the empire, the councillors of State received a salary of 
 25,000 francs, and the presidents of each section 30,000 francs. Under 
 the restoration the salary was 16,000 francs ; from 1830 to 1851 it was 
 12,000 francs for the councillors, and 15,000 francs for the presidents ; 
 and since the new constitution, 25,000 francs for the councillors, 
 35,000 francs for the presidents of sections, and 100,000 francs with 
 a residence, for the president of the Council of State. 
 
 * There is a distinct class, limited in number, of councillors for the Council of State, who 
 equally and exclusively undertake causes before the court of Cassation, where they argue. 
 This office is obtained by purchase. 
 
ADMINISTRATIVE CHANGES IN FKANCE. 167 
 
 Having thus given an outline of the organization of the council oi 
 State, ■which, to a certain extent, exercises the highest powers of the 
 government, I. shall proceed to the Department of the Interior, whose 
 attributions comprise the administration of the departments and the 
 communes of France. 
 
 III. 
 DEPARTMENT OF THE INTERIOR.* 
 
 This department comprises the following principal divisions: the 
 secretaryship general, among whose attributions are included the tele- 
 graphic lines, the direction of the accounts, the general direction of 
 the administration of the departments and communes, including also 
 the prisons, charitable institutions, hospitals, &c. 
 
 Before the 25th January, 1S52, the Department of Agriculture and 
 Commerce formed a separate ministry ; at that date it was joined to the 
 Ministry of the Interior, in place of the division of General Police, 
 which was erected into a separate ministry, and it has, by decree of 
 24th of June, been joined to the Department of Public Works, and the 
 Department of Police reinstated to the attributions of the Minister of 
 the Interior. The nainister of the Interior proposes for the nomination 
 of the Emperor, or appoints himself, the prefects, sub-prefects, mayors, 
 and all the other agents of the administration in the departments and 
 communes. 
 
 Departmental administrations 
 
 The law of the 22d of December, 1789, introduced the present 
 division of departments instead of provinces, and the present organiza- 
 tion of the administration in the departments was fixed by the law of 
 the 28th Pluviose, an. VIII. 
 
 M. Thiers, in his History of the Consulate and the Empire, (vol. I, 
 page 153,) gives the following as characterizing the spirit of this law: 
 
 " The constitution had placed at the head of the State, an executive 
 and a legislative power; the executive power concentrated almost en- 
 tirely in one single chief, and the legislative power divided into several 
 deliberative assembUes. It was natural to place at each degree of the 
 administrative scale, a representative of the executive power, specially 
 appointed to act, together with a small deliberative assembly, such as 
 a departmental council, or a council of arrondissement or commune, to 
 control or to give him information, but ijot to supply or act in his place. 
 To this simple, yet clear and prolific, idea, are we indebted for the 
 splendid administration which exists in France at the present day. 
 The first consul wished to have in each department a prefect appoint- 
 ed, not to solicit from a collective administration the forwarding the 
 affairs of the State,t but to transact them himself, being appointed at 
 
 * See note c of Appendix. 
 
 t Alluding to the administrative organization established in 1789. 
 
168 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 the same time to direct the affairs of the department, and that with the 
 aid of a departmental council, and with funds voted by the same." 
 
 Thus in accordance with article 2 of this law, still in force, there 
 exists ia each department a prefect, a council of prefecture, and a gen- 
 eral council, whose principal duties are briefly touched upon in the law 
 itself Nevertheless, numerous decisions were required to develope 
 the principles laid down in the law of the 28th Pluviose. 
 
 Duties of the Prefect. 
 
 It has already been remarked that the prefect is charged with the 
 entire administration of the Department, and that he corresponds with 
 all the ministers, but more particularly with the minister of the Interior. 
 It must be kept in mind, also, that he is at once the agent of the supe- 
 rior authorities or government, and the Organ of the interests of the de- 
 partment. In each quality, his powers are very extensive, and have 
 ■been rendered still more so by the decree of the 25th of March, 1812, 
 entitled the decret de centralization. It would be impossible to enume- 
 rate all the duties of the prefects, since they embrace — so to say — 
 every matter connected with the government, but it may not be unin- 
 teresting to say a few words respecting the above named decree. 
 
 For a long series of years, (whilst the majority of Frenchmen main- 
 tain a decided preference for the principle of administrative centraliza- 
 tion, which made the whole depend on one authority, and held the 
 communes in subjection,) a number of writers attacked this organization 
 in favor of de-centralization. They proposed at the same time a variety 
 of projects for carrying out their principles, but all agreeing on one 
 point— to give greater powers to the local. authorities; or, more strictly 
 speaking, to the communal and elective authorities." The motives on 
 which they founded their arguments were of thi-ee kinds: first, the 
 tardy manner in which the local matters were transacted, and the 
 length of time which elapsed between a demand and a reply; in proof 
 of which one fact, among others, has been cited, that in a commune 
 where a bridge was much wanted, the bridge was built before the per- 
 mission to buHd it arrived ; second, the necessity of rendering the local 
 authorities more independent, they knowing better than others their 
 own interests, and the interests of their localities ; and thirdly, the habit 
 of relying entirely upon the government stifles the public spirit and 
 devotedness to the general interests, and becomes at length dangerous 
 to the government, imputing to it all the evils which arise, even with- 
 out its being in fault, whilst no credit is given for the good which really 
 emanates from it. 
 
 Decree of25t?i March, 1852, called decree of de-centralization. .,' 
 
 By the decree of the 25th March, 1852, the government remedied 
 some of these complaints. A number of questions, a list of which fol- 
 lows the decree, page 822 and following, of the {Bulletin des Lois, 
 year 1852,) are now decided by the prefects, and not sent for decision 
 to Paris. Thus, they can now decide upon the mode of directing the 
 property of the departments, can make.purchases,- and adjudicate for 
 
 w 
 
ADMINISTRATIVK CHANGES IN FRANCE. 169 
 
 public works, &c. They may also authorize the establishment of chari- 
 table institutions, approve the budgets of the communes, with some 
 few exceptions, estabhsh certain tariffs, &c.; they can also alienate, 
 purchase, make exchanges, or divide the property of the communes, 
 whatever be its value ; in a word, the list of new functions comprises 
 thirty-five articles, independently of the enumeration of twenty-six 
 classes of officers they now have the right of naming, independently of 
 those for which they already possessed that right.* 
 
 In the exercise of the greater number of his powers, the prefect de- 
 cides alone, in the same manner as he can act alone. But in a certain 
 number of cases the laws and regulations prescribe him to issue his 
 decisions " en conseil de pr6fecteur," (the council of the prefecture being 
 heard) — ^that is to say, to consult the council before issuing the decree. 
 
 CcmncUs of Prefectures. 
 
 'It will have been seen above, that the council of prefecture was crea- 
 ted by the law of the 28th Pluviose, year VIII. This council has a 
 double mission : first, to aid the prefect with its advice ; and, secondly, 
 to decide in disputed matters. 
 
 As an administrative council, the prefect Is at liberty to consult it 
 "whenever he judges necessary ; but there exist a number of cases in 
 which the laws and regulations impose on the prefect the obligation to 
 consult it, but without his being obliged to follow its advice. 
 
 It is through the medium of the council of the prefecture that the pre- 
 fect, when he judges it of utility, authorizes the communes to settle a 
 law suit, begun or about to commence, (law of the 21 FriinEiire, an. 
 XII;) 
 
 That he can settle questions relative to the privilege of communal 
 property, (law of 9 Brumaire, an. XII ;) 
 
 That he enacts in all claims respecting the registry of lands, (law of 
 15th September, 1807;) 
 
 That he decides on all questions which affect the taxes on articles of 
 consumption, (law of 28th April, 1816 ; +) 
 
 That the prefects open the sealed packets containing offers to con- 
 tract for the road and highways, (royal ordinance of the 20th May, 
 1829 ;) and accepts or refiases them, &c., &c. ; 
 
 That he has the right to inscribe in the communal budgets all obliga- 
 tory expenses, in case of refusal or omission on the part of tJie communes, 
 (law of the 18th July, 1837 ;) 
 
 That he can fix of his own accord the budget of the department if it 
 has not been voted by the council general, (law of 10th May, 1838 ;) 
 
 And that he has the power to designate the property which ought to 
 be ex-propriated on account of public utility, (law of 3d May, 1841.) 
 
 In all the preceding cases, and in a few others of minor importance, 
 
 * The following are some of them : The directors and keepers of the lock-up houses and 
 prisons of the department ; the architects and keepers of the records ; the verificatora of 
 weights and measures, (there being one for each arrondissement ;) the municipal tax revenues 
 in towns whose revenue does not exceed 30U,000 francs ; the oantonniers and others who 
 work on the roads, &., &c. 
 
 f Certain fees can be paid by subscription ; that is, a certain sum fixed upon in advance or 
 by contract. This refers only to the octroi, or duties of entry into towns and cities. 
 
170 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 the prefect, in order, to satisfy tbe law which ordains it, but which still 
 leaves him at liberty to decide otherwise, must consult the council of 
 the prefecture. On the other hand, the prefect is at liberty to consult 
 it whenever he thinks proper, without any regard to the business in 
 question. 
 
 But these advisatory powers of the council of prefectu/re have only 
 been allowed by degrees ; the principal object of its creation (law of 
 the 28 Pluviose, an. VIII) being to establish an administrative tribu- 
 nal for the decision of matters in discussion, whether between one part 
 of the administration and another, or between a private party and the 
 administration. 
 
 It would be impossible to enumerate here the numerous and various 
 cases in which they are called upon to give judgment ; suffice . it to 
 say, that the law not having prescribed the mode of procedure before 
 these tribunals, its own jurisprudence, that is to say, usage has sup- 
 plied the omission. The judgments are determined with closed doof s, 
 and without oral argument, the parties petitioning by writing, and the 
 judgment is given in the same way. Nevertheless, the parties are ad- 
 mitted to enlighten and furnish explanations to the council, which are 
 duly appreciated when, required. The judgments are given in the same 
 forms as in the ordinary tribunals. 
 
 It has been just stated, that the prefect, at one time, represents the 
 superior authority or the general interest ; at others, the interest of the 
 department considered as an individual. If in the former case, he is 
 seconded by a council of prefecture, consisting of three or four paid, 
 officers, appointed by the ^government, (decree of the 28th March, 
 1852 ;) in the second case, he is supported by the Council General, 
 elected by those over whom he is appointed. - , : 
 
 Councils General 'previous to 1848. 
 
 Previous to 1848 the Councils General of the department were regu- 
 lated by the laws of 22d June, 1833, and 10th May, 1838. To be 
 eHgible to become a member it was necessary to be twenty-five years 
 of age, to pay two hundred francs direct contributions in the depart- 
 ment, although, however, not required to reside in it. Each canton 
 elected one member pf the council ; but when there were upwards of 
 thirty cantons in the department, several were united to vote one mem- 
 ber, in order not to surpass the number of thirty members. 
 ,,_The members of the Council General were elected for nine years, and 
 were renewed by thirds every three years ; but they could be re-elected 
 indefinitely. The Council General could only meet on being convoked 
 by the prefect, in virtue of an ordinance of the king, which determined 
 the period and duration of the session. The council elected its own 
 president and secretary ; its sittings were not, nor are they at present 
 public ; but a proces verbal of its proceedmgs is published. The coun- 
 cils could not prolong their session beyond the term fixed by the ordi- 
 nance, under penalty of their proceedings being declared null. The 
 king could dissolve a councU general, or annul its illegal acts. It was 
 forbidden to correspond with one or several councils of the arondisse- 
 ments, or of the departments. When not in session the council exer- 
 cises no kind of authority. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 171 
 
 Present organization. 
 
 Almost all these dispositions ai-e still in force, except that since the 
 revolution of 1848 universal suffrage has been established ; and the 
 law of the 7th July, 1852, conferred upon the government the right of 
 naming the president, the vice-president, and the secretary of the Coun- 
 cil General. 
 
 Duties. 
 
 The duties of the Councils General have varied but little for a long 
 series of years ; they are confined exclusively to the limits of the de- 
 partments. This body pronounces judgment on every question sub- 
 mitted to it, whether as a delegate of the legislative power, or as legal 
 representative of the department, or simply as a government council. 
 
 As delegate of the legislative powers, it enacts the repartition of the 
 direct taxes among ardndissements. The legislative body distributes 
 them amongst the departments. 
 
 As legal representative of the department, its powers are sometimes 
 absolute, at. others subordinate. 
 
 The expenses of the department are effeored by means of additional 
 centimes, added to the principal of the direct taxes,* or by means of 
 the revenue of the property belonging to the department. 
 
 If these expenses are obligatory, they are levied by the additional 
 centimes, named ordinaire. If they are left to the appreciation , of the 
 council, the additional centimes are called facultative ; the law on the 
 budget fixes every year the number of centimes in this category. 
 
 There are also special additional centimes, fixed .by general laws, 
 which have devoted them to special uses for the public service, such as 
 the registration of lands, public instruction, the local roads ; and extra- 
 ordinary centimes authorized in extraordinary cases and for. urgent pur- 
 poses. 
 
 The council general votes these different centimes ; its vote is in- 
 dispensable, and the government cannot interfere except in certain defi- 
 nite cases, or by virtue of formal law, as, for instance, the law on pri- 
 mary instruction, which authorizes it to impose the additional centimes 
 to provide for this expense. 
 
 It has also secondary powers ; that is to say, it deliberates, subject 
 to the approbation, according to the importance of the question in de- 
 bate, of the prefect, the minister, or the Emperor, upon the following 
 objects : 
 
 1st. On the extraordinary taxes to be levied on the department, or on 
 all loans to be bontractedfbr the same ; 
 
 2d. On the putchase, sale, and exchange of property of the depart- 
 ment ; 
 
 3d. On their change of destination, their mode of direction, &c.; 
 
 4th. On the accepting of gifts and legacies for the department ; 
 
 5th. On the classifidation and direction of the departmental roads ; 
 
 6th. On the projects, plans, and estimates of all other works exe- 
 cuted from the funds of the department. 
 
 * See the chapter on the finances. 
 
172 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 7th. On the share of the expenses to be imposed on the department 
 for works executed by the State, but which are of interest to the former ; 
 and several other cases, the consequence of the preceding. 
 
 In a word, as simple council of the government, it is consulted : 
 
 1st. On proposed charges in the circumscription of the territory of the 
 department, the arrondissements! cantons, and communes, and to de- 
 signate their capitals, {chef lieux ;) 
 
 2d. On any difficulty raised relative to dividing the expense of works 
 in which several communes are interested ; 
 
 3d. On the establishment, the changing, or suppression of fairs or 
 markets. 
 
 It has been seen that each department has a budget voted by the 
 council general, and that this budget comprises the ordinary expenses 
 which are obligatory, in addition to which there are facultative, special, 
 and extraordinary expenses. 
 
 Obligatory expenses of the Department. 
 
 The following is a list of the obligatory, or ordinary expenses of each 
 department : 
 
 1st. Ttj^ repairs necessary for the public edifices and buildings of 
 the department ; 
 
 2d. The taxes or contributions levied on the property of the depart- 
 ment ; 
 
 3d. The rent, when required, of the hotels of the prefecture and sub- 
 prefecture ; 
 
 4th. The furniture and repairs of the hotel af the prefecture, and the 
 offices of the siib-prefecture ; 
 
 5th. The ordinary barracks for the gendarmes ; 
 
 6th. -The ordinary expenses of the prisons of the department; 
 
 7th. The expenses of removing prisoners, vagabonds^ and Hberated 
 convicts ; ' ■■ 
 
 8lh. The rent, furniture, and minor expenses of the courts of justice, 
 tribunals, and the lesser expenses of the Juges de paix; 
 
 9th. Firing and lighting, the guard-houses, and establishments belong- 
 ing to the department ; 
 
 10th. The works for repairing the departmental roads, and for works 
 of art, which form part of the same ; 
 
 11th. The-expenses for foundlings and childreri abandoned by their 
 parents, for mad people or idiots, for- the portion due by the depart- 
 ments, conformably with the laws thereon; 
 
 12th. Travelling allowances to the indigent ; 
 
 13th. Expenses of printingj and the publication of the electoral lists, 
 and the lists of the jury ; 
 
 14th. Expenses of printing the budgets, and accounts of receipts and 
 expenses of the department ; 
 
 15th. The portion at the charge of ibe department of the expenses 
 of preparing the decennial tables of births, deaths, and marriages ; 
 
 16th. The expenses of sanitary measures for arresting the progress 
 of contagious and epidemic maladies ; 
 
ADMINISTRATIVE CHANGES IN FRANCE. 173 
 
 17th. Premiums fixed by the regulations of the administration for the 
 destruction of noxious animals ; 
 
 18ih. The expenses for keeping and preserving the records of the 
 department; and finally, all other expenses of utihty, or for charitable 
 purposes, and which are optional. 
 
 Department of the Seine. 
 
 The department of the Seine,* which comprises the city of Paris, 
 and several surrounding^ towns and villages, and since the year 1830, 
 the department of tbe Rhone, (Lyons,) is governed by a particular- or- 
 ganization. The power which the prefects forme/Iy possessed is di- 
 vided between two officers, the prefect of the department of the Seine, 
 (or the Rhone,) and the prefect of police. The prefect of the depart- 
 ment preserves all the powers of the other prefects, except the police. 
 He is, moreover, particularly in Paris, a complete central mayor. The 
 city of Paris, though. forming, in fact, only a single commune, is divided 
 into twelve arrondissements, each having a mayor as its headj.and two 
 adjoinls, (deputies,) whose chief duty consists in registering the births 
 and deaths, and performing the civU marriag^ and drawing up the elec- 
 toral lists, &c. There is but one municipal council for the whole city, 
 of which the prefect of the department is the president, and who per- 
 forms, in every respect, the duties of a central mayor. The same 
 municipal councillors are likewise members of the council general of 
 the department. 
 
 - Previous to 1848, (law of the 20th April, 1834,) each arrondissement 
 of the city elected three councillors, and each rural arrondissement four, 
 so that the municipal council of the city of Paris is composed of thirty- 
 six members, and the general council of forty-four. Since 1848 a new 
 municipal law has been promised for the city of Paris, but hitherto, up 
 to the present moment, the municipal councillors continue to be pro- 
 visionally appointed by the government, under the title of municipal 
 commission. 
 
 Prefecture of Police. 
 
 The prefect of police, whose^ duties in Paris are very considerable, 
 has charge of the general police, the municipal police, and the judicial 
 and political police.t 
 
 The general police comprises (decree of the 12th Messidor, an. VIII,) 
 what relates to passports, safety cards, mendicity, the police of the 
 prisons, houses of ill fame, riotous mobs, printing offices, the theatres, 
 steamboats, and engines of all descriptions. 
 
 The municipal police (by the same decree) has jurisdiction in what 
 relates to the sewers, the liberty Eind safety of the highway, salubrity, 
 fires, commercial security, the taxes, the free circulation of provisions, 
 and supply of wheat, patents, &c. 
 
 *For details of its administration see Appendix k. 
 
 fOn the 25th May last, the legislative body voted a law vrhich granted to the prefect of 
 police the right of exercising his functions in the whole of the department of the Seine, (in- 
 stead of being limited to the city of Paris.) For details concerning the functions of the police 
 see Appendix I. 
 
174 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 With regard to the judicial police, the code of criminal procedure, 
 (promulgated in 1808,) in article ten, provides that "the prefects of the 
 departments, and the prefect of police in Paris, can prepare personally, 
 or require the officers of judicial police, each, in as far as he is con- 
 cerned, to prepare all the necessary acts and. proceedings, in order, to 
 bring forward proofs of crimes, misdemeanors, and contraventions, and 
 to deliver the authors thereof over to the tribunals charged to punish 
 them. . , ' 
 
 The political police is, by its nature, secret. I shall, however, return 
 to this subject when treating of the ministry of policis. 
 
 It appears needless to enter into details respecting the duties of sub- 
 prefect, and the arrondissement council, whose, powers are both ex- 
 tremely limited. I prefer giving an expose of the communal organiza- 
 tion. 
 
 Miinicipal organization," y 
 
 It is necessary to distinguish between the municipal organization, 
 and the powers of the municipal body. These powers have experienced 
 but little change since 1789^ although the organization has been modi- 
 fied several times. * , 
 
 I pass over the system .of the law of 22d December, 1789, that of 
 the 21st Fructidor, nn. Ill, as well as that of the 28th Pluviose, an. 
 Vni, (in which the government appointed the municipal councillors,) 
 and commence with the .organization laid down by the law of the 21st 
 March, 1831, which was stiU in vigor at the outbreak of the revolution 
 in 1848.* 
 
 The municipal body isconipqsed of a mayor, of one or more depu- 
 ties, and of municipal counsjUors. 
 
 There is but one adjoint (deputy mayor) in communes of 2,500 in- 
 habitants and under; in communes from 2,500 to 10,000 there are two 
 adjoints, and in those where the popylation surpasses that nurnber, there 
 is an additional one for every 20,000 inhabitants. When the sea or 
 any other obstacle renders the communication between the chief town 
 and. a portion of the commune either difficult, dangerous, or at times 
 impossible, a special c^eputyj chosen from among the inhabitants of the 
 said portion, is chosen in addition to the ordinary number, to fuffil the 
 duties in the above named detached portion of the commune. The 
 members of the municipal council are elected by the assembly of the 
 communal electors. - , 
 
 According to the law of the 21st March, 1831, the list of communal 
 electors were .^of two kinds : 1st. The landholders, or those who paid 
 contributions ; 2d. The men of capacity, or head men of the commune. 
 Among the former were included the citizens put down as paying the 
 Idghest amount of taxes on the list of direct contributions of the com- 
 mune, and being twenty-one years of age, in the following proportion : 
 For communes of 1,000 souls and under, the number of electors was 
 equal to a tenth of the population of the commune. This number was 
 augmented by five for every hundred inha.bitants in communes fi-om 
 
 * See Appendix, note a. 
 
ADMINISTRATIVE CHANGES IN FRANCE; 175 
 
 1,000 to 5,000 ; in communes of 5,000 to 15,000, by four for every 
 hundred ; and by three for every hundred in communes having upwards 
 of 15,000 inhabitants. Among the second class vsrere included the 
 judges, the members of the chamber of commerce, and councils of man- 
 ufactures and prud'hommes, the directors of the hospitals, the officers 
 of the national guard, members of the learned societies , authorized by 
 the law, the lawyers, doctors of law, medicine, and letters, and the 
 officers under government. To form the municipal councU, the' elec- 
 tors named : 
 
 Ten members in communes of 500 inhabitants, and under; 
 
 Twelve members in those from 500 to 1,500 ; 
 
 Sixteen members in those from 1,500 to 2,500 ; 
 
 Twenty-one members in those from 2,500 to 3,500 ; 
 
 Twenty-three members in those from 3,500 to 10,000 ; 
 
 Twenty-seven members in those from 10,000 to 30,000 ; 
 
 Thirty members in those above that number. 
 
 For towns, where there are upwards of three deputy mayors, the 
 municipal council is augmented by as many members as there are 
 deputies above three. 
 
 The municipal councillors must be at least twenty-five years old, and 
 were renewed by half their number every three years. 
 
 It was fi:om among the municipal councillors that, previous to the 
 year 1848, the king named the mayors in communes whose population 
 exceeded 3,000 souls. In those below that number, they were chosen 
 by the prefect, in the king's name, but always from among the munici- 
 pality. 
 
 The mayors and their deputies might be suspended by a decree of 
 the prefect, but they could not be dismissed from office without an ordi- 
 nance of the king. Their duties lasted three years, but they could be 
 re-elected. 
 
 Changes introd/uced in 1848. 
 
 The law of 3d July, 1848, has introduced the following changes into 
 the preceding organization : 
 
 The list of electors comprizes all the citizens of twenty-one years of 
 age, inhabiting the commune, for at least six months. The cense, or 
 property qualification, as well as the capacke are no longer required. 
 By the same law of 1848, every citizen of twenty-five years of age, 
 inscribed on the fist of electors, and those not inscribed, but paying 
 direct taxes, are eligible to the office of municipal council. But the 
 latter class can only furnish one-fourth of the number of members. 
 
 Tlais council chose from its own body the mayors and deputies in 
 communes having less than 6,000 inhabitants. In those of 6,000 souls 
 and upwards, the mayor was named by the executive power, but from 
 among the members of the municipal council. The prefect could sus- 
 pend a mayor or a municipal council, but the head of the executive 
 power alone could dismiss or dissolve them, on the advice of the coun- 
 cil of state. 
 
176 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 Present organization. 
 
 'ft" 
 
 The constitution of 1852 simply provides that the mayors and their 
 deputies should be appointed by the government, and are not required 
 to be chosen from the council. It promises, however, 3 special law on 
 the subject. The law of the 7th July, 1852, respecting the renewing 
 of the councils general, and the municipal and arrondissement councils, 
 maintains universal suffrage as the basis of their election, and decrees, 
 also, thai the prefect may name the mayors and deputies in communes 
 of less than 3,000 inhabitants, but that the chief of the State shall ap- 
 point them in communes above that number; it decides, also, that the 
 prefect can suspend these officers, but the chief magistrate alone can 
 dismiss them from office ; it decrees, also, that the mayor shall preside 
 over the council, and have a preponderating voice in case the votes be 
 divided (although he is not a member of the council.) 
 - The same, rights belong to the adjoint who replaces him. In other 
 cases, the deputies not chosen from the municipal council have only 
 right to a seat in it, with a consullive voice alone. 
 
 In a word, the municipal council can be suspended by the prefect ; 
 but it can only be dissolved by the chief of the State. In case of a 
 dissolution, the election of a new municipal council takes place within 
 a year. In the interim, its place is supplied by a commission appointed 
 by the jprefect. The definitive law relating to municipal organization 
 has not yet appeared. The powers of the municipality, which is com- 
 posed of a mayor, deputies, and council, remain as defined by the law 
 of the 18th July, 1837.* I begin with the functions of the mayor. 
 
 ' Attributions, or duties of the Mayors. 
 
 The mayors are at once the organs of the general- interests, the 
 agents of the executive power in the different communes, and as well 
 as being the organs of the communal interests, they are the executive 
 agents of all measures to betaken for the economical outlay of the 
 funds belonging to the Communes^ The following is an outline of the 
 position which the mayor accepts on taking office : ^ 
 
 He is submitted to the direction and authority of the prefect, the sub- 
 prefect, and ministers in whatever affects general interests. He is 
 under their superintendence in whatever regards the special interests of 
 the commune to which he is appointed. 
 
 The duties of a mayor are enumerated in articles 9, 10, 11, and 12 
 of the law of the 18th July, 1837. Article 9 is as follows : 
 
 The mayor is deputed, under the authority of the superior adminis- 
 tration — ■ . ,. 
 
 1st. To publish and put into execution the laws and regulations of 
 the government ; 
 
 2d. To perform the special duties which are attributed to him by the 
 laws; and 
 
 3d. With the execution of all measures of general safety. 
 
 Article 10 is as follows : 
 
 * See, for this law, Appendix a. 
 
ADMINISTUATIVE CHANGES IN FRANCE. 177 
 
 The mayor is chargedi under the superintendence of the superior 
 authorities — 
 
 1st. With the municipal and rural police, the repairs of the roads, 
 &c., and with providing for the execution of the acts of the superior 
 authorities relating thereto ; 
 
 2d. Witli the preservation and direction of the property belonging to 
 the commune, and, consequently, to take all measures relating to the 
 preservation of its rights ; '' 
 
 3d. With the management of the revenues, and superintendence of 
 the establishments belonging to the commune, and the accounts ; 
 
 4th. With proposing the communal budget, and authorizing every 
 outlay of funds. 
 
 5th. With the direction of the works of the- commune. 
 
 6th. With the making of contracts, and preparing leases for the 
 property, and entering into contracts for the works to be executed in 
 the commune, according to the forms establishedbytlie laws and regu- 
 lations. 
 
 7th. To sign, in the same forms, all acts of sale, exchange, and 
 division of .the land or property ; to accept all gifts and legacies; to 
 make purchases, and perform all other transactions, when these, acts 
 have been authorized. 
 
 8th. To represent the commune in the courts of justice, either as 
 plaintiff or defendant. 
 
 Article 12th -gives the mayor the right of appointing to all the 
 employments in the commune, to which the^ law does not prescribe a 
 special appointment, and to suspend or dismiss the persons employed. 
 A special mode of nomination is prescribed by article 14 tor the 
 appointment of the rural guard, {garde cham'pilre.) He is proposed by 
 the mayor ; the choice must be approved by the municipal council, and 
 confirmed by the sub-prefect, who issues his commission ; but he can 
 be dismissed by the prefect only. It would be impossible to enter into 
 a complete detail of all the duties of the mayor, for, on one hand, 
 almost all the orders of the government pass through their medium to 
 the citizen ; and, on the other hand, they are called, upon, to put in exe- 
 cution every decision taken in the interest of the communes. 
 
 The duties of the mayor, deputy, and municipal councillor are hon- 
 orary. 
 
 Attributions of the Municipal Council. 
 
 The attributions of the municipal council are exceedingly varied, 
 and its powers have a different force and beating according as the case 
 may occur ; for instance : 
 
 1st. The municipal council comes to a final decision in certain mat- 
 ters of interest to the commune, namely, the mode of directing its 
 propertj', the forms and clauses of all leases of farms and tenements, 
 which must not exceed eighteen years for rural leases, and nine years 
 for all others, the mode of sharing the pastures and fruits of the com- 
 mune, of cutting wood,* &c. 
 
 » This is a right which the inhabitants of certain conamiuiee haye of cutting a definite 
 quantity of wood in the forests of the coramuno. 
 
 12 
 
178 ADMIXISTRATIVE CHANGES IN FEANCE. 
 
 2d. The deliberation of the municipnl council is requisite in the fol- 
 lowing instances, but their decisions, tbrwarded to the prefect through 
 the medium of the sub-prefect, require to be approved by the superior 
 authority, generally the prefect himself: — (Law of 18th juk, 1837.) 
 
 («.) The budget of the commune, and, in general, all receipts and 
 expenditures, whether ordinary or extraordinary; 
 
 (6.) The tariffs and regulations for collecting the; revenues of the 
 communes; ^* 
 
 (f.) The purchase, alienation; or exchange of communal prop- 
 erty, &c. ; ' ' 
 
 {d) The marking the boundaries, or dividing private property be- 
 tween two or more communes or portions thereof; 
 
 (e.) The clauses of leases for farms exceeding eighteen years, and 
 nine years for houses or tenements ; 
 
 (/) All plans of buildings, and considerable works, as well as demo- 
 litions, and, in general, all works required to be undertaken in the 
 communes ; 
 
 (g.) The opening of streets and public places, and the projects rela- 
 tive to the roads ; 
 
 (A.) The right of passage and of pasturing cattle, (mine f&'ure* ) 
 
 (t.) To accept gifts ano legacies made to the commune, and commu- 
 nal establishments. 
 
 (y.) All judicial actions and transactions, &c. 
 
 3d. The municipal council is also consulted in a number of cases, 
 in which simply its advice is required. Among these the principal are 
 those relating to acts of public beneficence, and to the establishments 
 consecrated to the same. 
 
 4th and lastly ; the municipal council can testify its wish (exprimcr 
 des voeux) on all questions of local interest. 
 
 Independently of these four different degrees of power, namely, to 
 rrgldatc, deliberate, give an opinion or advice, and express a wish or 
 desire, the municipal council can protest against the contingent or share 
 of taxes assigned to the commune by the council of the arrondissement, 
 and'it also deliberates upon the statement of accounts presented annu- 
 ally by the mayor and the receivers or tax collectors of the commune. 
 
 The Communal Budget. 
 
 The budget of the communes is of sufficient interest to claim some 
 particular notice. It is composed of expenditures and receipts. The 
 expenses are divide<l by the law into two classes — obligatory And facul- 
 tative. 
 
 Obligatory E.i:pc7tses. 
 
 The expenses declared obligatory iw the law are as follows i 
 1st. The keeping in repair of the hotel de ville (town house) and 
 mayoralty ; 
 
 *Thit is to 8iy, the right wliich exisls in mmy places of Bending cattle into nneiicloseJl 
 Unda aftsr tia cropi liiva boeu g^ithsrod in. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 179 
 
 2(1. The office expenses of printing for the service of the commune ; 
 
 3d. The salaries of its agents, the tax gatherers, overseers, police 
 commIssi;niers, keepers, &c. ; 
 
 4th. The repairs of the communal edifices; 
 
 6th. The closing and keeping in repair of the burj-ing grounds ; 
 
 (kh. The opening and keeping in repair the roads of the commune. 
 
 To the above must be added the expense of taking the census of the 
 population, which occurs every five years ; a subscription to the Bui' 
 lelin dcs Lois, or the Moniteur des Communes; the expenses fi)r the main« 
 tenance of the national guard; for public instruction, and the payment 
 of all debts contracted by the communes, and several others, which, 
 however, do not exist in every commune. 
 
 Facu-llativc Expenses. 
 
 The facultative expenses form also a heavy charge upon ihe com- 
 mune, because there exists scarcelv a single one which is not under the 
 necessity oF incurring some of them. In fact, the only difference be- 
 tween the obligatory and faadta'ive consists in the prelects having the 
 right to inscribe the former in the budget of the commune, if they have 
 been omitted; whereas he cannot do so in thedatter case. 
 
 Resources of the Communes. 
 
 The resources of the communea, or means by which they provide 
 to cover these expenses, are of two kinds — the ordinary and the extra- 
 ordinary receipts. 
 
 Ordinary Receipts. 
 
 These consist of — 
 
 1st. The revenues of all the property of which the inhabitants have 
 not the use in kind ; 
 
 2d. The assessment imposed yeaily upon those who gather the fruits 
 and produce in kind ; 
 
 3d. The produce of the ord'nary additional centimes imposed upon 
 the commune by the laws of revenue ; 
 
 4th. The revenue of the portion which is granted to them from the 
 tax upon-patents ; 
 
 6th. The produce of the municipal dues ;* 
 
 6th. The product of the amount of stalls or authorized places in the 
 different markets, fairs, and slaughler-houses ; 
 
 7th. The product derived from stands and lettings on the public 
 road, on the quays and rivers, and other public places ; 
 
 8th. The amount received from the tolls of the commune ; the dues 
 for weighing, measuring, and gauging, (applied to the tonnage of ves- 
 sels ;) the amount of road-dues, and other taxes legally established ; 
 
 9th. The amount paid for grants of land in the burial-grounds ; 
 
 * The octrois, or duties, consist of certain taxes on articles of consumption levied at the 
 ontrance of every town or city. i'"or the city of Paris it is nenr forty millions of francs. 
 Before ItiJS one-tenth of the produce was paid into the treasury of the State. 
 
180 ADMINISTRATIVE CHANGES IN FKANCB. 
 
 lOlh. The amount of contracts for water, and retnoving the mud and 
 clearitigs from the pubiic roads and' streets, and all other contracts of 
 the same nature ;* 
 
 llth. The produce of taking copies of the acts of the administrJl- 
 tion, and of births, deaths, and marriages ; 
 
 12th. The portion which the law allows to the conimunes from the 
 amount of fines pronounced by the police courts and correcliorial po- 
 lice^ and the councils of discipline of the national guards, &c., &c. 
 
 It is evident that these receipts, although they are entitled a?, ordinary 
 receipts, do not exist in every commune. They are called ordinary, 
 because, where they are levied, it is regularly or annually. It is not, 
 however, the same with the greater portion of the exlrddrditiUfy receipts* 
 of which the following is^ an outline : 
 
 ExtrqQrdinary Receipts. 
 
 1st. Extraordinary 'taxes', duly authorized to be levied ; 
 2d. The amount derived froih- the sale of communal property; 
 :3d. Gifts and legacies ; 
 
 4lh. The reimbursement of capital not fallen due, and the purchase 
 of government securities ; ' 
 
 6th. The amount produced by extra cuttings of wood ; 
 6th. The produce of loaiis, &c. 
 
 The draft pf tiie budget is drawn up by the mayor, who submits it 
 to the municipal council, by _whom it is discussed and amended^ or 
 mbdified; and, after being finally closed and voted, it is afterwards 
 sent to the prefect, who approves it, in communes having a revenue of 
 less than 100,000 francs ; but in conimunes whose revenue surpasses 
 that sum, the appi^oval of the head of the State is required. 
 
 Communal Establkhments. 
 
 Under the denomination of communal establishments might be classed 
 the various government offices which embrace certain communal inter- 
 ests, and which are, in some measure, the dismembering of those in- 
 terests, and which may, therefore, be considered as annexed to the 
 communal administration. 
 
 These special administrations are of several kinds, namely : 
 
 Of finance : The commission for the assessment of land tax, &c., &c. 
 
 Of charily : The directing commissions of the hospitals ; the offices 
 for receiving charitable donations ; the administrative councils of the 
 tnonts de piete, (pawnbrokers ;) of the savings banks, and of the houses 
 of refuge and lor labor. 
 
 Of ,iris$ruction : The local superintendence of schools; the offices for 
 the direction of the communal colleges. 
 
 Of religion : The councils for the buildings of the church and tem- 
 ples ; (that is to say, those who are charged to administer the chureh 
 property.) 
 
 * The mud serves for manure ; in many places a coneiderablo sum is paid foi'tho right of 
 removing it. 
 
ADMINISTRATIVE CHANGES IN FEANCE. 181 
 
 Of public order: The council for the examination and regulalbn of 
 the national guard, &c., &c. 
 
 Assessors of Taxes. 
 
 Amongst all these various commissions, I deem it essential only to 
 give details 'respecting that of reparlitews, or assessors of taxes, whose 
 duty is to divide amongst all the inhabitants, to each his share or con- 
 tingent, of the tax assigned to the commune. The members of these 
 committees are named by the prefects, and for one year.. They are 
 seven in number, namely : the mayor and his deputy, in comnmnes 
 having less than 5,000 inhabitants, (where they exceed that number 
 these officers may be replaced by two municipal councillors,) and five 
 landed proprietors, of which two, at least, non-resident in the commune, 
 if they can be found. It is expected that the sub- prefects will avoid 
 reappointing the same individuals to this office, it being thought just 
 that the divers inhabitants be called, each in his turn, to determine the 
 assessment, provided they possess the talent and integrity necessary to 
 enable them to sit on the committee for^ that purpose. No one can 
 refuse the duties of assessor, except for a legitimate cause of exemp- 
 tion ; ^r instance, grave and acknowledged infirmities, having entered 
 the sixtieth year, or being about to undertake a long voyage, &c. The 
 tinie for the meeting of the assessors is determined beforehand, and the 
 mayor informs the rate-payers thereof bj' a public notice in the usual 
 form'. They are convoked under the presidency of the mayor, or, in 
 his absence, by the deputy mayor, or one of the municipal councillors 
 appointed for that purpose. The operation is performed with the con- 
 currence of the agents of the direct taxes. They deliberate in common,. 
 and decide by a majority of votes, and they cannot deliberate unless 
 there be at least five of their number present. — (Law of the third Fri- 
 maire, an. VII.) 
 
 The assessors are forbidden to dispense with performing the duties 
 required of them by the law, under penalty of being personally respon- 
 sible, and even liable to be summoned for the taxes unpaid, within the 
 specified time, by reason of the non-execution of their duties within the 
 time allotted. — (Law of the second Messidor, an. VII.) 
 
 The deliberations of the commission of assessors require no approval 
 by the higher authorities, but can be put in force as soon as terminated. 
 As several of the duties of the municipal body will come under obser- 
 vation hereafter, I shall proceed to the examination of the organization 
 of the department of the general police, under the title of — 
 
 Division, late Department, of the General Police.* 
 
 This division was created by the decree of the 22d January, ]852, 
 into a distinct department, and was organized by the decree of the SOlh 
 of the same month, and by decree of 24th June, 1853, placed again 
 within the attributions of the minister of the Interior. Its duties relate 
 to whatever regards the general safety, the superintendence of the 
 
 See note e 1, of Appendix. 
 
182 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 press, thf theatres, prisons, &c. The greater part of these functions 
 were fulfilled by the division of general safety, which formerly belonged 
 to the cleparlment of the Interior. But by this decree the minister was 
 surrounded by a host of inspectors-general of police, special inspectors, 
 and commissioners of police. Very important duties were confided to 
 the inspectors-general, in the execution of which very serious discus- 
 sions and difficulties arose between them and other officers of higher 
 rank, which circumstance contributed, probably, to the promulgation of 
 the decree of the 5th March, 1853, suppressing the general and special 
 inspectors, the former of whom were immediately under the minister of ' 
 general police, and replacing them by departmental inspectors, subor- 
 dinate to the prefects. 
 
 Powers of the 'police. 
 
 m 
 
 The power of \he police remains as formerly, with the exception of 
 a greater vigilance and superintendence on two imp()rtant points; the 
 one relative to a residence jn Paris or Lyons, the other with regard to 
 the Press. 
 
 Intcriictio7ismat%w to residence in Paris and Lyons, 
 
 - ^ '■. « 
 
 According to the law of the 9th July, 1852, the police can interdict 
 the residence in Paris or Lyons to any persons who, not having a fixed 
 resideni:e in either of those cities, belong to the following class or con- 
 dition : 
 
 1st. Those who within the last ten years have been condemned to 
 imprisonment for rebellion, begging, or as vagabonds ; or who have 
 been condemned to the same penalty tor one month for coalition or 
 combination among workmen; 
 
 2d. Those who do not possess, in the cities above-mentioned, the 
 means of existence. 
 
 The interdiction to reside can be renewed. The order is made out 
 by the prefect of police, and notice of it is given to the individual whom 
 it concerns, with a summons to oljey the injunction within a given delay, 
 under penalty of imprisonment from eight days to one month. 
 
 On, the fr ess. — Condition before 1848. 
 
 On the breaking out of the revolutioii of 1848, the periodical press 
 was governed by the law of 18th July, 1828, and more especially by 
 that of the 9th September, 1835, under the well known denomination 
 of the laws of Septanber* According to these laws the daily papers 
 appearing in Paris were farced to pay caution money to the amount of 
 one hundred thousand francs into the treasury ; and those not appear- 
 ing daily, or which appeared in the departments, (that is to say out of 
 Paris and its environs, +) only paid caution money in proportion to the 
 
 * See, also, underthe government of the Restoration, the laws of the 17th May, 1819, of 
 £6th May, 1829, of 9th June, 1829, and of 25th March, 1822 ; and, under the government of 
 Louis Philippe, the laws of 8th October, of 29th November, of 14th December, 1830, and 
 of 8th April, 1831. 
 
 t The departments of the Seine and Marne, and of the Seine and Oise. 
 
ADMINISTKATITE CHANGES IN FKAXCE. 183 
 
 frequency of publication. Before publishing a political paper, the pro- 
 jectors were obliged simply to declare the names of the proprietors, 
 managers, printer, &c., but no authority was necessary ; on iultilling 
 these formalities it became a right. 
 
 The journals were stamped. This stamp cost three or six centimes, 
 according to the dimensions of the sheet ; in addition to which two 
 centimes were paid for each paper (under band or envelope) for car- 
 riage in the department of the Seine, and lour centimes for the other 
 departments. Beyond a certain size the paper paid, a supplement. 
 
 Changes brought about by the revohition of 1848. 
 
 The decree_of the 9th August, ]84S,' reduced the caution money of 
 the daily journals published in Paris to twenty-four thousand francs, 
 and that of the others in proportion. A decree of the 11th August, of 
 the same year, modified the clauses of the previous laws relative to the 
 repression of crimes and misdemeanors of the press, dispositions, how- 
 ever, which the law of 27th July, 1849, increased. By this same law, 
 the distributors and carriers of books and pamphlets were likewise 
 compelled to procure an authorization, cigHvered by the prefect of police. 
 It was, however, the law of the 16th July', 1850, which definitely 
 fixed the caution money (at twenty-four thousand francs.) the stamp, a»d 
 several other secondary points. 
 
 Present condition. 
 
 The laws of the press at present in force were established by the 
 organic decree of the 17th February, 1852. The following are its 
 principal dispositions: No journal or periodical writing, treating of 
 politics, or social economy, can be established or published writhoutthe 
 previous authority of the government, and which is equally required lor 
 all changes in the resp'insible editors, the editors, proprietors, or direc- 
 tors of a newspaper. The same permission is also necessary to intro- 
 duce foreign journals into France. The caution money is fixed at fifty 
 thousand francs for journals published every day in Paris and environs* 
 and the department of the Rhone ; and lesser siims for those published 
 less frequently, or in the other departments. The stamp is fixed at six 
 centimes each sheet of seventy-two square centimetres and upwards in 
 the departments of the Seine and of the Seine and Oise, and at three 
 centimes in the other departments. Writings treating of political mat- 
 ters or social economy, not appearing periodically, if they are published 
 in one or several numbers, of less than ten sheets of impression, from 
 twenty-five to thirty-two decimetres square, are equally subject to a 
 stamp of five centimes each sheet. This regulation also applies to 
 journals and periodical writings as well as those not published periodi- 
 cally coming firom foreign countries.. 
 
 The journals can only publish the official summary of the delibera- 
 tions of the legislative body, and are forbidden to publish the details of 
 the sittings of the Senate, as well as those of the Council of State, 
 
 * Department of the Seine, of the Seine and Oise, and Seine and Marne. 
 
184 ADMINISTRATIVE CHANGES IN FKANCE. 
 
 which are not public. They are also forbidden to give reports of ac- 
 tions against the press ; and the publication of false news is to be se- 
 verely punished. Every director of a journal is obliged to insert at the 
 head of his paper all official documents, authentic reports, particulars, 
 answers to correspondence, and rectifications forwarded to him b}"^ any 
 ©f the members of the government. 
 
 The publication must taise place in the number of the day subse- 
 quent to the receipt of the document. The insertion is gratuitous ; 
 and infractions will be punished. By the law known as the law Tin- 
 guy, all articles must be accompanied, by the signature of their, author 
 under penalties of imprisonment and fine. 
 
 All booksellers are obliged to take out a license, (patent ;) all offences 
 committed through the medium of the press, or any other mode of 
 publication, must be brought before the tribunals of correctional police, 
 and not before the jury or the assizes, whether these ofiences or misde- 
 meanors have befen provided for by previous laws or by the present 
 one. 
 
 A single condemnation for a misdemeanor committed through the 
 medium of the press, and .two condemnations for offences, or contra- 
 ventions committed within the space of two years, subject the journal, 
 the directors of which fia^e been condemned, to be suppressed. After 
 *. condemnation for a contravention or offence of the press, pronounced 
 against the responsible editor of a journal, the government has the 
 facultj^ during the two months after the condemnation, to pronounce 
 either me temporary suspension or totatl suppression of the journal. A 
 journal can be suspended by the decision of a minister, without having 
 been the object of a condemnation after two warnings, stating the mo- 
 tive, and during a period which cannot exceed two months. 
 
 A journal can be suppressed, either after a judicial or administrative 
 suspension, as a measure of general safety, in virtue of a special de- 
 cree of the emperorj published in the Bulletin des Lois. The regula- 
 tions relative to hawkers have also been made much more severe ; tiiey 
 are not only required to have a license for themselves, but every printed 
 work, whether book, pamphlet, &c., must be authorized and bear the 
 istamp of the minister within whose attributions fall the police ; as a 
 proof thereof: 
 
 Salaries of Prefects. 
 
 In terminating this chapter a table of the salaries of the prefects, 
 from 1^3 1 to 1848, from 1848 to 1852, and at present, is of interest 
 
ADMINISTRATIVE CHANGES IN FKANCE. 185 
 
 &daries ef the Prefects, from 1831 fo 1848, according to the royal ordi' 
 nance of the 2Slh December, 1830. 
 
 1 prefect at 50,000 francs, (Seine.) 
 
 4 
 
 
 36,000 
 
 
 2 
 
 
 32,000 
 
 
 2 
 
 
 28,000 
 
 
 13 
 
 
 24,000 
 
 
 6 
 
 
 20,000 
 
 
 45 
 
 
 16,000 
 
 
 13 
 
 
 15,000 
 
 
 il, 86 
 
 
 
 
 Salaries of the Prefects, from 1848 to 1851, hy the decree of Cavaignac, 
 (President of the Ministry, and charged with the executive power,) dated 
 I5th December, 1848. ; ^ 
 
 -t 
 
 1 prefect at 30,000 francs, (Sfeine.) 
 3 " 24,000 » 
 
 10 « 20,000 " 
 
 11 " 16,000 " 
 22 " 12,000 
 39 " 10,000 
 
 
 Tota.1, 86 
 
 SalaAe* of the Prefects eslahlished by the decree of the T7tk March, 1852. 
 
 1 prefect at 50,000 fi-ancs, (Seine.) 
 
 8 " 40,000 " 
 18 « 30,000 " 
 59 " 20,000 " 
 
 Total, 86 
 
 In general the salary of the prefect depends upon the importance of 
 the department; but according to the decree of 17th March, 1852, it 
 can be augmented without the prefect changing his department. 
 
18G ADMINISTBATIVE CHANGES IX FRAN'CK. 
 
 IV. 
 
 THE DEPARTMENT OF FINANCE.* 
 
 This highly important %ciminisU-ation, charged with the receipts and 
 expenses of the ytatp, has experienced but very few, and those unim 
 portant, changes, during the last tew years. The following is its pres- 
 ent organiza|jon : 
 
 Organization, 
 
 The minister of finance is surrounded by a central administration, 
 comprising the secretariat, or secretary general's office, charged with the 
 personnel and expenses of the ministry ; a division for dispuled matters 
 in France, appointed to uphold the interests of the treasury; a direction 
 for the general circulation of the funds; another ibr the public debt; a 
 direcli(3n for the general accounts of. the finances; a special servipe for 
 the cash payments, and of the central paymaster of the treasury ; and 
 a general comptrolling division. All these directions or divisions are 
 composed of several offices, under the direction of a head clerk, (CAe^J) 
 and comprising a second head clerk, and several under clerks. 
 
 In the above consists the central service of the department, properly 
 speaking, to which, however, must be added the division of general in- 
 spection, which includes several offices in Paris: Eleven inspectors 
 general, twelve inspectors of the first class, twelve inspectors of the 
 second class, and fourteen inspectors of the third class, >vith eleven sub- 
 inspectors, who are sent periodically or unexpectedly to visit or inspect 
 the accounts of all the receivers or accountants of the goverhrnent. 
 
 But independently of these duties, which relate more particularly to 
 the circulation of the finances in general, there are various administra- 
 tions, equally central, which arc dependent upon them, but which, 
 however, are only employed on one specific branch of the public reve- 
 nue. Of this description are the General Post Office,t the Administra- 
 tion of Direct Taxes, the Administration of the Registry Office and of 
 the domainsjj the Administration of the customs and Indirect Taxes,§ 
 (which previous to 1848, formed two distinct administrations,) the Ad- 
 ministration of the Woods and Forests, and the commissioners of the 
 Mint.|| ,« 
 
 The other agents of the finance department are : 
 
 Eighty-six directors and eighty-six ins|iectors of the direct taxes, 
 (one in each department.) 
 
 Eighty-five receivers general, and as many particular receivers as 
 there are arrondissements, independently of which there are collec- 
 tors in the greater part of the conimuncs. 
 
 Eighty-six paymasters, and a certain number of collecting clerks un- 
 der their orders. 
 
 * Seo Appendix, 
 t See Note d 1, of Appendix, 
 I See Note d 3, of Appendix. 
 § See Note d 4 , of Appendix. 
 U See Note d 2, of Appendix. 
 
ADMIXISTEATIVE CHANGES IN FRANCE. 187 
 
 Eighty-six directors, as many inspectors and comptrollers, several 
 hundred receivers, and thousands of clerks employed in collecting the 
 indirect taxes, without including the directors, inspectors, receivers of 
 customs, and from twenty-six to twenty-seven thousand custom-house 
 officers appointed to protect and watch the frontiers. Independently of 
 these there are numerous agents belonging to the administration of the 
 post office, the woods and forests, &c. 
 
 Financial System. Jt 
 
 Before pointing out the mode of proceeding pursued by this coBnpli- 
 cated machinery, it is necessary to mention the vari'.us taxes, which 
 united, form the financial system of France. All the taxes levied in 
 France may be divided into two great categories — the direct and the 
 indirect contributions or taxes. 
 
 There'are four direct taxes : 
 
 1st. The land tax; 
 
 2<1. The personal tax ; 
 
 3d. The property tax; 
 
 And 4th. The tax on patents or licenses." 
 
 ■ iK" 
 
 Direct Taxes. 
 
 1st. The land tax, which is* levied in equal proportions upon all 
 landed property, whether built upon or not, in proportion to their net 
 taxable revenue, and each is taxed in the commune in which it, is situ- 
 at.d. — (Laws of the third Frimaire and second Messidor, an. VII.) 
 No individual property is exempt from this tax, so that if a commune 
 possess a piece of land not capable of being farmed out, but from which 
 the inhabitants reap an advantage, this land is taxed, and the amount 
 paid by the commune. 
 
 The land tax, as well as all the direct taxes, is subdivided into prin- 
 cipal or capital, and additional centimes. The principal forms thfe basis 
 of the tax; it is the assessment or quota of the revenue of every citizen, 
 fixed by the law. The additional centimes are likewise authorized by 
 the law, but their number varies. By additional centimes is understood 
 a supplementary sum proportioned to the capital or principal of the tax, 
 and which is expressed in so 'tnany centimes per franc, or so much per 
 cent. The general additional centimes devoted to the expenses of the 
 State, are voted by the legislative body, whose vote is also necessary 
 to \evy extraordinary centimes in the departments and communes. But 
 the law allows the councils general and the communes the power of 
 voting each to the amountof five additional centimes, not including cer- 
 tain centimes appropriated to special purposes. 
 
 The land tax, as well as the other direct taxes, is divided among the 
 departments by a finance law — that is to say, its assessment is voted 
 by the legislative power. The contingent of a department is divided 
 amongst, the arrondissements by the general council, (elected by uni- 
 versal suffi'age.) The quota of the arrondissement is divided among 
 the communes by the arrondissement council (elected also) and in the 
 communes, a number of assessors, chosen from among the principal 
 
188 ADMINISTKATIVK CHANGES IN FRANCE. 
 
 iiihabitants, establish the assessment to be divided among the tax- 
 payers in proportion to their property. The list of tax-payers, thus 
 drawn up, is called the rent-roll. 
 
 2d. The personal and property tax.—rThe personal tax is alwayscom- 
 posed of the value of three days' labor. In each department the coun- 
 cil general- determines, every year, the average price of a day's labor ; 
 it cannot, however, be fixed under fifty centimes, or above one franc 
 fifty centimes. In other words, the tax varies from one franc fifty cen- 
 times, the lowest, and fou^ francs fifty centimes, the highest rates. 
 
 This tax is due by every inhabitant, whether French or foreign, both 
 mp,le and female, enjoying their rights, and not reputed, indigent. It is 
 the only tax levied upon the individual personally. 
 
 The property tax, which is always united with the personal tax, is 
 fixed at one-twentieth part of the rent paid by each resident, but only 
 for the portion which serves as a residence. It has regard to the rent 
 really paid, and if the individual resides in his own house, he pays the 
 amount which would be payable if the apartment he occupies were let 
 to a tenant. 
 
 All warehouses, shops, inns, manufactories, and workshops, for which 
 the occupiers pay a patent or license, are exempted from this tax, as 
 well as the offices of public functionaries, the buildings destined for 
 lodging the pupils in all kinds of schools, and those serving for agricul- 
 tural purposes, &c. 
 
 Every inhabitant, French or foreign, not reputed indigent, pays this 
 tax. But in many towns and cities, in Paris, for example, the muni- 
 cipal council, in order to come in aid to thos^ paying rents below a cer- 
 tain sum, by a sort of contract or subscription with the government, 
 paying a certain fixed sum instead fiom the revenues of the city or 
 town. 
 
 3d. The door and window tax. — By the law of the 4th 'Frimaire, an. 
 VII, this tax is levied on all doors and windows opening or looking on 
 the streets, courts, and gardens of all buildings and manufactories. 
 Doors openiflg on fi staircase, and those in the interior of the apart- 
 ments, as well as all openings without doors or windows, and windows 
 serving to give light into barns, stables, sheepfolds, &c., are not included 
 in this tax. The scale by which the tax is levied is combined from the 
 •iiature, number, and position of the openings; it increases also in pro- 
 portion to the population, that is to say, it is higher in the towns and 
 cities than in the country villages, &c. 
 
 4th. The tax for a paie}it or license is levied on every person, French 
 or foreign, carrying on a trade or business of any kind.* The patent 
 is subject to a fixed and a proportional tax. The fixed tax is levied 
 according to a scale which enumerates the different occupations to be 
 taxed, with the (fixed) amount of the tax opposite to each. Another 
 table indicates the various modifications to which this fixed tax is liable, 
 in proportion to the population. The greater the population the more 
 the patent is increased ; and, in certain cases, in the interior of particu- 
 lar cities, the patent is modified according to the rent. 
 
 Previous to the year 1850 the following professions were exempted 
 
 • Law of the 25th April, 1844. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 189 
 
 from paj'ing for a patent : Public ofiScers or officers and clerks under 
 government ; notaries, attorneys, bailiffs, and auctioneers ; barristerSj 
 physicians, surgeons, midwives, &c. ; 
 
 Veterinary surgeons ; • 
 
 Painters, sculptors, architects and other artists ; 
 
 Professors, schoolmasters, editors of newspapers, public writers, &e.; 
 
 Persons receiving wages, or working by the piece, or by the day ; 
 
 And several other professions. 
 
 Since the passing of the finance law of the 15th May, 1850, the fol- 
 lowing are subject to a proportionate tax (for license) amounting to on^ 
 fifteenth of the rent paid by them : 
 
 Architects, (but not painters, &c.;) 
 
 Barristers, attorneys, notaries, bailiffs, lawyers' clerks, aaclionfeers, 
 and attorneys, and others attached to the tribunals of commerce; 
 
 Physicians, surgeons, health officers, dentists ; 
 
 VeterihEpry surgeons ; 
 
 Referendaries to the seals of office ; 
 
 Schoolmasters and masters of boarding schools. (The premises iJged 
 for lodging the scholars, and the school rooms, are not included in the 
 estimates of the premises paying rent.) • 
 
 Independently of the four contributions above mentioned, the follow- 
 ing ten unimportant taxes are often included in the direct taxation : 
 
 1st. The fixed and proportionate dues levied on the mines ; 
 
 2d. The animal tax paid by schoolmasters, and keepers of boarding 
 schools ; 
 
 3d. The dues le\*ied in the faculties of law, medicIne,^ &c.; 
 
 4th. The remunerations for the verifications of weighlsand measures ; 
 
 6th. Contributions for keeping up the scholarships (bourses) and for 
 the Chambers of Commerce ; 
 
 6lh. The special and local contributions for works for the keeping in 
 repair and reconstruction of the dykes, for cleansing the canals, &x;.; 
 
 7th. Taxes for the works of draining of the marshes ; 
 
 8th. The amount paid for the expenses of visiting the chemists' shops, 
 pharmacies, and grocers' shops, i&c., (to verify that the drags, &c., are 
 not adulterated ;) 
 
 9ih. The dues paid by the proprietors and manufacturers of natural 
 and artificial mineral waters ; 
 
 10th. The value of the payments in materials or money for Iceeping 
 up and repairing the local roads. 
 
 Indirect Taxes. 
 
 Ist. The registry duties and duties on succession.* 
 
 The registry is a tax to which all public docameiitSi and a great 
 number of private ones are subject, (the sale and purchase of estates, 
 for instance,) which are required to be produced before the tribunals. 
 This tax serves, on the one hand, to produce a certain revenue to the 
 State, and on the other, it gives more authenticity, and more value to 
 
 •Laws of the 15th December, 1790, and 9th May, 1791— see alto the law of thia 23a Frt- 
 maife an. Vli, and the finance Uw oiftho 15th May, 1850. 
 
190 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 the acts themselves, and, what is often of great importance, a cerfah 
 date. 
 
 The tax is fiKed or proportionate, according to the nature of the acts, 
 and isthigher or lower according to their importance. It is levied by 
 particular receivers, dependent upon the administration of the registry 
 office at the Department of Finance, and who are also charged to levy 
 the duties on successions. The tariff of the legacy duties, or rights of 
 succession, which natiirally vary according to the degree of parentage, 
 have often been modified. 
 
 The law of finance, of the 15th of May, 1850, likevsrise modified the 
 rights of mato/iwi. Changes caused by deaths, and g-ra-<Mii<JMs trans- 
 missions between living persons, of inscriptions on the great books of 
 the public debt, as well as all kinds of shares and actions, are now 
 liable to the same tax as for successions. 
 
 The smallest registry duty is two francs. 
 
 2d. The timbre, (stamps,) were introduced into France in 1673, under 
 the name of yorm?ife,, and received that oi timbre by the law of the 12th 
 of December, 1790. 
 
 The stamp duty is fixed according to the dimensions of the ■paper, or 
 to the amount in money. The duty on the dimensions of thp paper is 
 fixed as follows : 
 
 The largest size sheets 2 francs. 
 
 Large paper 1 franc, 50 cent- 
 Middling paper 1 " 25 " 
 
 Small paper • 70 " 
 
 Half sheets, small paper ' 35 " 
 
 The stamp duty according to the sums is regulated as follows . 
 
 All bills of exchange, notes, or to order, of 300 
 
 Irancs and under 15 cent 
 
 600 francs and under 25 " 
 
 1,000 francs and under 60 " 
 
 And 50 centimes per thousand francs above that sum. 
 
 Only commercial bills and letters of exchange are liable to tiiis scale, 
 all other acts are charged according to the preceding tariff on the 
 dimensions of the paper. 
 
 All acts and writings relative to the military, petitions, and certifi- 
 cates of indigence, &c., are exempted from the stamp. 
 
 3d. The customs. It is well known that France continues to be 
 governed by a protective or rather prohibitive system. Latterly there 
 Lave been a few, but important, modifications, except that since 1850, 
 all Algeria has been assimilated to France, so that its productions, with 
 few exceptions, can enter free of duty. 
 
 4ih., The tax on salt, which has always been 30 fi-ancs the quintal 
 of 100 kilogrammes, (or 200 lbs.,) has been reduced to 10 fi-ancs since' 
 1848., 
 
 5th. The tax upon potable liquors, which has been established in 
 France f()r upwards of five centuries, is one which has been the most 
 frequently attacked. The constituent assembly of 1848 hud even sup- 
 
ADMINISTRATIVE CHANGES IN FRANCE. 191 
 
 pressed- it, but as it brings a hundred million of francs yearly into the 
 treasury, it was re-established in the course of the same year. 
 
 This tax, laid upon wine, cider, mead, and perry, is subdivided into 
 the tax on circulation, on the sale by retail, and entrance dut^nto 
 towns of 4,000 souls and upwards. " "^ 
 
 The departments are divided into four classes, according to the 
 quality of the wines they produce, in respect to the tariff" for the tax on 
 circulation. 
 
 The tax on selling wine by retail is one-tenth of the sale. 
 
 The entrance duty differs according to the importance of the town 
 or city. 
 
 Spirits of wine, brandy, and liqueurs, are not subject to the above 
 named taxes, but pay a heavy duty on consumption. 
 
 As to beer, it pays an excise dut^', as it is made, of two fi-ancs forty 
 centimes the 100 litres (hectolitre) of common beer, and sixty centimes 
 for small beer. 
 
 All these potable liquors are also liable to an entrance duty {oclroi), 
 in favor of the different communes. 
 
 6th. The cultivation of tobacco, in France, and the monopolj'^ of its 
 sale, is another considerable source of revenue to the treasury. The 
 following is the mode in which the tax, on its cultivation, is levied : 
 
 The cultivation of tobacco is forbidden in France, except in five or 
 six departments so privileged by the nature of the soil. In these de- 
 partments, the cultivator who wishes to plant tobacco must make a 
 tbrmal demand to that effect. About six thousand heclnns* of land 
 are devoted to the culture of tobacco, and these are divided amongst 
 the departments so authorized. When a demand for permission is 
 received, the agent of the government, appointed for that purpose, pro- 
 ceeds to verify whether it exceeds the extent allowed, and gives or 
 refuses the permission solicited, as the case may be. 
 
 A very severe superintendence is exercised by the agents of the 
 treasury over the cultivation, , whose duly it is to count the number of 
 plants, jind the number of leaves on each plant. The government 
 also fixes the price of the tobacco it purchases, but which is, no doubt, 
 remunerative, since, every year, it is obliged to refuse permissions to 
 cultivate the plant. 
 
 The government itself prepares for sale, in the manufactories of the 
 administration of indirect taxes, both Fiench. and foreign tobacc* into 
 snuff", tobacco for smoking, cigars, &c. The tobacco, which in its 
 rough state is worth about one franc fifty centimes, is sold to the dealers 
 at seven fi-ancs the Jdlogramme, (two pounds.) who sell it retail at eight 
 francs.t The difference between the cost of manufacturing and sale to 
 the dealers constitute the tax or profit to the State. 
 
 The administration itself appoints the retail dealers in tobacco and . 
 snuff". These places are generally bestowed on old soldieis, or the 
 families of persons who have rendered some service to the State. 
 
 •The hectare is equal to about two acres, one rood, thirty-five perches, 
 f Tobacco is sold to the military and navy at one franc fifty centimes, but only ten 
 gramincB, (about one third of an ounce,) par day, ia allowed at tiiis rate, (decree oi J;uly, 
 
192 ADMINISTBATIVE CHANGES IN FHANCE. 
 
 The tax on tobacco is thus concealed under the plea of a service 
 rendered, or of an object sold. 
 
 7th. The same is the case with respect to the PostOfBce. In France 
 the tmnsport of individuals can be undertaken by private persons, but 
 that ra letters is reserved to the government. Formerly the tax, or 
 postage of letters, varied according to the distance. By the law of 
 the 24th of August, 1848, the postage of letters was reduced to a uni- 
 form rate of twenty centimes for letters not exceeding seven and a half 
 grammes, (one-fourth ounce.) It was, however, raised, to twenty-five 
 centimes, (for the same weight,) in the year 1850. 
 
 The postage of a single letter in Paris, which has always been fixed 
 at fifteen centimes, has, very recently, (7th of May, 1853,) been re- 
 duced for franked letters to ten centimes-from July, 1853. , 
 
 Letters are franked in France, as in all other countries in the present 
 day, by stamps. 
 
 8th. The woods and forests produce likewise a considerable revenue- 
 to the State, but their legislation has not varied for many years. 
 
 The civil courts decide on all cases arising out of indirect taxation. 
 
 Accounts. 
 
 It has been already stated, that the Legislative body, after having 
 voted the taxes, distributes the direct taxes throughout the departments; 
 that the Council General of the departments assesses the arrondisse^ 
 ments ; that tlie arrondisseraent council assesses the commune, and 
 that the commission of assessors draws up the individual list. This list, 
 or rent roll, after having been approved by the prefect* is forwarded 
 by the director of the direct taxes to the tax-gatherer charged to collect 
 the taxes. 
 
 Ten days after having collected the taxes, he is obliged to remit the 
 amount to the particular receiver, (of which there is one in every arron- 
 disseraent.) He is required to keep his boolisin the best order. Every, 
 ten days he must forward a copy of his day-book to the receiver of the 
 arrondissement, and to the receiver general, (of which there is one in , 
 each department ;) and independently of which he sends in a monthly 
 and a yearly statement of his accounts. 
 
 The receivers of the arrondissement are bound to verify, at certain 
 period?, on the spot, the state of the cash accounts and the writings- — 
 duties which they take good care not to omit, being responsible for .the 
 acts of their subordinates, and obliged to replace, or indemnify the 
 treasury in case of a defaulter. 
 
 The particular receivers, (those of the arrondissements,) hkewise 
 hand over their receipts, within a given term, to the receiver general? 
 every ten days, also, they are bound to forward him acopy of their day- 
 book, or journal, and to forward another copy to the minister of finance. 
 They also send in monthly and yearly statements, and their cash 
 accounts and writings are also inspected and verified at certain periods,, 
 the same as tlie tax-gatherers. 
 
 The accounts given in by the collectors, and forwarded in duplicate 
 to the receiver general, and certain other documents, serve to control 
 the management of the particular Keceivers, and the accounts forwarded 
 
ADMINISTEATIVE CHANGES IN FRANCE. 193 
 
 by the latter to the minister control the registers of the receiver gen- 
 eral. This latter is also responsible for the management of" his subor- 
 dinates. 
 
 In a word, to prevent all delay, the receiver general pays intesrest to 
 the treasury for all sums in arrear, whilst, on ihei other hand, he receives 
 an allowance when he is in advance. The receiver general sends in 
 his accounts to the minister, and to the cour des complcs, (court of 
 accounts.) 
 
 Besides the receivers, there are paymasters in .each department. 
 Consequently, it is an established principle that he who orders an ex- 
 penditure cannot directly pay it himself. From whence il results, for 
 example, that when any work has been executed' for the State the 
 creditor presents himself, provided with his justificative documents. 
 His demand is in general verified by the person who' superintends the 
 works, and who afterwards issues an order for its payment. (He de- 
 clares that it may be paid.) With these documents and the order for 
 payment he repairs to the paymaster, who, after another verification, 
 delivers the amount. -■ 
 
 As the funds furnished to the paymaster are provide'd by the receiver, 
 no payment can be made without having been' inspected by three per- 
 sons : 1st. The person who orders the paynient. 2d. The receiver. 
 3d. The paymaster. 
 
 In general, a number of inferior officers participate at the same time 
 in the payments, so that no embezzlement can take place, since too 
 many persons would be aware of the fact to ensure .the secrecy. 
 
 The organization of the public accounts in France, so admirable for 
 its simplicity and ihe skilful combination of the whole miichinery, is 
 developed in their fullest detail in the royal ordinance of the 31si May, 
 1838, in which is found also the latest rules and regulations of the Cour 
 des Comptes, * 
 
 The Cour des Comptes, (Court of Accounts.)* 
 
 The court of accounts is appointed to judge and control the public 
 receipts and expenditure handed in every year by' the receivers gene- 
 ral, the paymasters of the public treasury, the receivers of the registry 
 dues, the customs, and of the indirect taxes, &c. ; in a word, by all 
 who have the management of liie funds of the Slate. * 
 
 The court is divided into three chambers, each composed of a presi- 
 dent, six principal accountants, and several' referendary magistrates, 
 for examining the accounts ; the whole under the direction of the first 
 president. Formerly the magistrates of this court were not only irre- 
 movable, but were named for life ; but the decree of. the 19ih March, 
 1852, has applied to them also the regulations of the decree of the 1st 
 March, 1852, with regard to retiring on pensions. 
 
 The first president distributes the accounts to be verified among the 
 referendaries, and appoints the chamber to which a report is to be 
 made. A referendary cannot be appointed twice successively to verify 
 the accounts of the same accountant. When the referendary has pre- 
 
 * Sde Appandix, note t, 
 
 13 
 
394 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 sented his report to the chamber, the president appoints a principal' 
 councillor to verify :■ 1st. Whether the referendary himself has per- 
 formed the work; 2d. Whether the difficulties raised by him are 
 founded ; and 3d. To examine himself some part of the account, to 
 ascertain whether the referendary has verified it carefully. No princi- 
 pal accountant can be appointed twice consecutively to report on the 
 account of the same agent. 
 
 The accountant presents his report to the chamber, with his remarks, 
 and when each has given his opinion the president pronounces a decree 
 of judgment. By its final decree the court decides whether the ac- 
 counts of the various responsible agents are balanced, or in advance, or 
 in arrears. Iii the first two cases it gives a final discharge, and with- 
 draws the oppositions and mortgages entered against their property by 
 reason of the management or duties to which the account refers. In 
 the latter case they are condemned to liquidate the balance within a 
 given delay fixed by the law. 
 
 Every year the general result of the labors of the court of accounts, 
 accompanied by their remarks respecting reforms or ameliorations in 
 the diSerent divisions of the accounts, are laid before the chief of tbe 
 State. 't-- 
 
 Changes introduced in the Department of Finatux. 
 
 The principal changes which have been inti-odiiced into the finanfces 
 of France are far from being administrative. In the first place, was 
 the reduction of the 5 per cent, rentes to 4J per cent., (14th March, 
 1852,) and subsequently the recoinage of the copper coin, (6th May, 
 1852.) 
 
 There have been numerous reductions in the tariff" of duties on im- 
 portations, showing a tendency to a less prohibitive system. These 
 have been principally upon raw products, such as u-on, coal, ores, raw 
 silk, &c., &G., and provisions. The reduction on these last are, how- 
 ever, but temporary. 
 
 The senatus consulte, modifying the constitution of the 23d December, 
 1852, decides that the expenses should be no longer voted by chapters, 
 but by departments. When the budget was voted by chapters the 
 funds could not be employed for any other purpose than the chapter 
 ,named, but now the ministers can carry over, to any service of their 
 department requiring it, the excess of any department of which the ex- 
 penses had been fixed, at too high a rate. 
 
 These changes in the employment of the funds (virementsy can, how- 
 ever, only take place by a decree of the chief of the State, and dis- 
 cussed in the Council of State. 
 
ADMINISTRATIVE CHANGES IN FKANCB. 195 
 
 THE DEPARTMENT OF JUSTICE* 
 
 Justice. 
 
 The Minister of Justice or the Keeper of the Seals (of the Statie) is 
 appointed to provide for the administration of justice, to propose for the 
 nomination by the chief of the State, of the judges and public prose- 
 cutors requisite for this object. His duty is to exercise an active super- 
 intendence over the whole judicial order, as well as maintain the strict- 
 est discipline. Among his other functions are the reception of petitions 
 for pardon, demands of rehabilitation, or reversal of judgments, the 
 naturalization of foreigners, the verification of titles of nobility, &c. 
 
 Previous to, 1848, the administration of public worship formed part 
 of the powers of the Minister of Justice. Since the revoliition of the 
 24th of February, it has been included in the duties of the Minister of 
 Public Instruction. 
 
 On the Judicial organization. 
 
 The judicial administration in France comprises 2,847 justices or tri- 
 bunals of the peace, or one for each canton ; 225 tribunals of commerce ;t 
 361 civil tribunals of first instance, (one in each arrondissement;) 
 twenty- seven courts of appeal, (formerly rmjol, but at present called 
 imperial courts,) and one court of cassation. 
 
 Trihunah of the Fcace.X 
 
 The tribunal of the peace is composed of a justice of the peace, of 
 two assistants, and one clerk, (greyer,) appointed by the chief of the 
 State, and subject to removal at his pleasure. The justice of the peaces 
 and in certain cases, the mayor, presides also in the tribunal of simple 
 police. 
 
 Tribunals of Commerce. 
 
 The tribunals of commerce are composed of a president, judges, and 
 assistant judges, and a clerk. These judges are elected by the princi- 
 pal merchants and tradesmen from among their number, in accordance 
 to the law of 3d March, 1840. In 1848, universal suffrage was also 
 introduced, but since 1852 the previous legislation has been pretty 
 nearly resumed. 
 
 Tribunals of first instance, and courts of appeal. 
 
 The tribunals of first instance, and the comts of appeal, are com- 
 posed of a president, and a number of judges or counsellors,^ adapted 
 
 * See note /of Appendix. 
 
 f In those arrondissementa which have no tribunal of commerce, the tribunals of first in- 
 stance are competent. 
 J See note b of Appendix. 
 § The judges in the courts of appeal bear the title of counsellors. 
 
196 ADMINISTHATIVB CHANGES IN FRANCE. 
 
 to the extent of the judicial arrondissement or department. They com- 
 prise one or several chambers ; but in the latter case, vice-presidents, 
 or presidents of chambers, are named. The judges in these courts or 
 tribunals, as well as of the courts of cassation, are appointed for life. 
 
 In civil matters, a court cannot be formed unless seven members be 
 present; in criminal and correctional cases, five counsellors suffice. 
 The duties of public prosecutor to the tribunal of first instance are per- 
 formed by the imperial attorney (Procureur Imperial) (formerly called 
 attorney of the republic) and by their deputies. Attached to each 
 court of appeal (or imperial court) is a solicitor general, two or three 
 attorneys general, and deputies of the solicitor general. The solicitors 
 general are occupied more espct-ially with the directien and superin- 
 tendance of the pleadings at the bars of the various courts within their 
 respective districts; the attorneys general are principally employed'in 
 civil matters; and the deputies of the solicitor general devote them- 
 selves generally to Criminal cases. 
 
 Civil justice in France is administered by the justices of the peace, 
 the tribunals of first instance, (or arrondissennent courtiSf) and the im- 
 perial courts (or courts of appea:!.) ' i 
 
 Indiislrial and commercial justice. 
 
 Industrial arid commercial justice is rendered by the prvd' hommu (a 
 mixed council composed of tradesmen and' workmen,) tho tribunals of 
 commerce, and the imperial courts. ■ 
 
 Repressive justice. 
 
 Repressive justiee is administered by the simple police courts, the 
 correctional tribunals, (of each arrondissement,) the chambers of appeal 
 of the correctional courts or the imperial courts, and the courts of as- 
 sizes. Besides these ordinary tribunals for the rejiression of crime, 
 there are also the high court of justice for crimes against the Slate, (for- 
 merly judged by the chamber of peers ;) the military tribunals, (coun- 
 cils of war or courts martiHl,) the maritime tribunals, the council of 
 discipline for the national guard, its name alone indicating ita special 
 duties. The government tribunals, that is to say, the council of the 
 prefecture and the council of state (in appeal) decide also in certain 
 police cases of in(i-action. 
 
 Matters of minor importance are submitted only to one degree of 
 jurisdiction. More important matters never exceed two, and the court 
 of cassation would be the third degree, were it to judge in the cases 
 which are submitted to it: the duties of this court consist, however, 
 only in ascertaining and watching over the legaUty of the former pto- 
 ceedings; when it quashes a judgment or decree, the parties arere^ 
 ferred to another court. 
 
 The court of cassation. 
 
 The court of cassation, the highest tribuniil of the land, has its seat 
 at Paris, and is comjwscd of three chambers : de requites, civil, and 
 
ADMINIPTRATIVE CHANGES IN FRANCK. 197 
 
 criminal. It decides only on the points of law, not on pr)int3 of fact, 
 and has no original jurisdiction. The chambrc dci rrquStes decides ou 
 the admission of a case, or, in other words, if the affirmation of the par- 
 ties rests upon a point of law or of fact — if the former, the case goes 
 before the civil chamber, which decides whether or no the law has 
 been violated; if the latter, the case is thrown out. 
 
 This separation does not exist for the criminal chamber, which de- 
 cides on the report of a member called a counsellor on the arguments 
 of the public prosecutor and the lawyer of the party. 
 
 It is composed of a first president, three presidents for each chamber, 
 and forty-five counsellors named for life by the chief of the slate. 
 
 No fibamber can pronounce judgment with less than eleven members, 
 and then by absolute majority. When a case is returned for the second 
 time on the same point to this court, a final decision is given in solemn 
 session of all the chambers united, and presided over by the first presi- 
 dent, which must be recognized by the court of appeal to which it is 
 addressed. 
 
 Attached to this court are an imperial attorney general, six substi- 
 tutes (avoca/s generavxj and a chief clerk, named by the chief of the 
 State, and four sub-clerks, proposed to the court by the head clerk, and 
 eight humiers. 
 
 The judicial organization in France is simple, and the same through- 
 out the whole kingdom- The fundamental principles laid down towards 
 the end of the last century have not been changed. Modifications only 
 have taken place in the collateral branches, and secondary objects ; 
 and in certain parts which may be considered as detached. 
 
 Modifications. 
 
 It is essential to make particular mention of the modifications which 
 have taken place within the last few years with regard to the irremo- 
 vability of the judges, to the jury, to the tribunals of commerce, and to 
 the councils of prud' hommes. 
 
 Decree concerning the age of the judges. 
 
 The decree of the 1st of March, (article 1st,) provides that the mem- 
 bers of the court of cassation, at the age of seventy-five years, the 
 magistrates of the courts of appeal, and of the tribunals of first instance 
 at the age of seventy, have full right to their retiring pensions. . Thus 
 tiie irremovability of the judges commences the day of their appoint- 
 ment, and termin"ates at the above respective ages. A similar regula- 
 tion also exists with regard to the vour des camples. 
 
 Far more serious changes have, however, taken place in the legisla- 
 tion respecting juries. 
 
 On the Jury. 
 
 In France there are several kinds of juries: the examining juries, the 
 juries of revision for the national guard, and the jury of expropriation 
 for causes of public utility, (assessment of damages where private pro- 
 
J 98 ADMINISTRATIVE CHANGES IN FKANCE. 
 
 perty is taken for public purposes;) but the jury.whioh takes cogni- 
 zance in criminal matters, and which is a component part of the court 
 of assizes, will only be referred to here. 
 
 Previous to 18,48,* on the 15th of August, every year, the prefect, of 
 •of each department published a list, divided into two parts ; the former 
 including the electors of the department, (paying 200:francs taxeSj) and 
 the latter, those electors who, having their residence in the department, 
 exercise itheir electoral rights in another.; and also of the following 
 categories, who were exempted from serving on the jury — luamely, all 
 public officers named hythe king, and exercising their functions gra- 
 tuitously; the officers of the army and navy enjoying pensions ; doc- 
 tors and licentiates of a faculty; the members and corresponding 
 members. of the. institiite of France, and other acknowledged learned 
 societies and notaries, after having exercised their .office during three 
 years. 
 
 From tliis general list, on which no one was inscribed before attain- 
 ing his thirtieth year, the prefect, on his own responsibility, extracted 
 a special list for the following year. This special list comprised a 
 fourth part, of the names contained in the general list, but could not, 
 iho.wever, exceed three hundred names, except in the department of the 
 Seine, where it is limited to fifteen hundred names. This list was 
 drawn up in triplicate, and on the 30th of October one copy was sent 
 to the minister of justice, another to the president of the royal or im- 
 perial court, and the third to the solicitor general of the same cog rt. 
 
 'Ten daysj at least, before the opening of the session, the. first presi- 
 dent of the imperial court, as formerly, draws by lot thirty-six; names 
 firom the list forwarded by the prefect, which thirty-six - persons 
 form the list of jurymen for the service of the session ; independently 
 of which he chooses four supplementary jurymen from the same list, 
 but only amongst those who reside in the town where the assizes, are 
 held. The drawing takes place in public, in the first chamber , of the 
 court. 
 
 The list of jurymen is made up afresh every year,, and havipg once 
 served is considered as discharging the parties. 
 
 The law of the .7th and 12th August, 1848, was drawn up in a far 
 more democratic spirit. It ordained that every Frenchman who had 
 attained his thirtieth, year, and enjoying his civil and political rights, 
 should be inscribed on the general jury list, except those who , could 
 neither read nor write, and domestic servants. It also declared, as 
 being incapacitated from serving on a jury, those who : have failed in 
 business, and not restored to their civil rights, (rehabilii^,) all persons 
 inter dieted, + those who are pouvoir d'tcn conseil judtciare, and thpse 
 who are under accusation, or having a judgment pending over tbejn, 
 all individuals condemned to afflictive or ignominious punishments, &c. ; 
 but political condemnations do riot incapacitate from becoming. a jury- 
 man, unless formally stated in the judgment. 
 
 The. list of jurymen in the communes was drawn up by the mayor, 
 and publicly exposed during a space of ten days, in order that every 
 citizen might raise complaints for irregularities, which complaints were 
 
 *Code d'instruotion criminelle, art. 381 to 385, inclusive, 
 t Declared minors. 
 
APMINISTKATIVE CHANGES IN FRANCE. 199 
 
 heard by the municipal council in the first instance, and thA civil tri- 
 bunal in appeal. The list of jurymen was permanent. After Jt had 
 been finally drawn up by the mayor in the communes, it was forwarded 
 to the :prefect, who drew up the general list of the department by 
 cantons, and in alphabetical order. The annual list for each depart- 
 ment ought to comprise one juryman for every two hundred inhabitants ; 
 still the tola! number could not exceed three thousand in the depart- 
 ment of the iSeine, and fifteen hundred in the other departnaents. A 
 special list was also drawn up of supplementary jurymen, chosen 
 firom among the inhabitants of the town in which the assizes are held. 
 
 The jurymen of each canton who ought to form part of the yearly 
 list were designated by a commission composed as Ibllows: tlie mem- 
 ber of the general council elected in the canton as president, the justice 
 of the peace, vice president, and two members of the municipal coun- 
 cil of each commune of the canton, specially appointed by the council. 
 In those cantons which comprise but one commune, (there are many 
 towns in this category,) five municipal councillors were appointed. 
 
 Law of May, 1853. 
 
 The law on the jury, voted by the legislative body in the month of 
 May last, and inserted in the Moniteur of the 11th June, 1853, makes 
 no mention of the composition of the general jury list, as this list is the 
 same as the electoral hst ; but this new law, makes very considerable 
 modifications in the mode of composing or drawing up the annual ligt. 
 Articles 6th and subsequent ones are as follows : 
 
 The annual hst is composed of two thousand jurymen for the depart- 
 ment of the Seine, and five hundred for the departments whose popula- 
 tion exceeds 300,000 inhabitants ; four hundred for those whose popu- 
 lation is between 200,000 and 300,000 inhabitants ; and three hundred 
 for smaller departments. The number of jurymen is divided by 
 arrondissements and cantons, in proportion to the population, by a de- 
 cision of the prefect. On forwarding this decision to the justice of the 
 peace, the prefect furnishes him with the names of the jurymen of the 
 canton appointed by lot during the year preceding, and of the current 
 year, (in order that they may not be included in the list of the year 
 following. 
 
 In each canton, a commission, consisting of the justice of the peace, 
 as president, and of the mayors of each canton,* draws up the pre- 
 paratory lists for making the annual lists. They contain three times 
 the number of names fixed for the quota or contingent of the canton by 
 the decree of assessment. These list§ are forwarded to the sub-pre- 
 fects. A commission, consisting of the justices of the peace of the 
 arrondissement, with the sub-prefect at its head, (or the prefect in the 
 arrondissement in which the prefecture is established,) chooses from 
 the lists the number of jurymen necessary to form the list for the arron- 
 dissement, agreeably with the assessment fixed by the prefect, who 
 also prepares the annual lists. The. remaining, enactments of this law 
 
 »It is in the framing of, this commission that this law differs more particularly from the 
 preoeding ones. 
 
200 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 are only a repetition of the similar enactments contained in the pre- 
 ceding laws. Among the incompa.tihle the law of 1848 includes the 
 ministers of any kind of worship as in com jia tible, {noi liable to serve) 
 
 The law of 1853 states : The ministers of a form of worship ac- 
 knowledged by the State. 
 
 A law of the. same date likewise abrogates that of the 18t.h and 20th 
 October, 1848, on the number of votes necessary to declare an accused 
 person or prisoner guilty. In France the unanimity of the twelve jurors 
 has never been re(]uired for this object. The code of criminal instruc- 
 tion requires only the simple majority (seven votes.) The decree of 
 the 7th of August, 1848, requires nine votes ; the law of the 20th Oc- 
 tober, 1848, requii'ed upwards of seven votes, that is to say, at least 
 eight; but the law recently voted re-establishes the original rule of a 
 simple majority.* , / 
 
 Tribvnak of Commerce. . 
 
 ^Previous to 1848^ the tribunals, of commerce were regulated accord- 
 ing to the commercial code, and the law of the 7ih of March, 1840. 
 The judges of the tribunals, of commerce were elected, by an assembly 
 of the principal bankei-s and merchants., Any commercial man could 
 be appointed as judge or deputy judge, provided he was thirty years 
 of age, and had exercised his pnitession or business for five years with 
 honor and distinction. The president was required to be forty years of 
 age and upwards, and could only be chosen from among retired judges. 
 These judges, thus elected, were .installed by the, head of the govern- 
 ment. They' were, chosen for two years, but the president and judges 
 retiring from office could be re-elected for another term pf two years; 
 but after this second election they were only eligible to be re-elected 
 aftpr a lapse ,of one, year. 
 
 Tribunals of Commerce, law qf28lk Avg;usl, 1848. 
 
 On the 28th of August, 1848, the National Assembly repealed the 
 articles 618, 619, 620, 621 and 629 of the Code of commerce, replacing 
 them by others ii-amed in a more democratic spirit. By ihe new article 
 618, for pxaniple, the judges of the tribunal of commerce were named 
 by all the tradesinen patented within fiye years, excluding only those 
 who had failed in business, condemned persons, &c., &c. 
 
 The other articles comprise the diflt;rent regulations respecting; the 
 mode of voting, &c.,*&c. 
 
 Decree of 2d March, 1852. 
 
 The decree of the 28lh August, 1848, was in its turn repealed by 
 that of the 2d March, 1852, which merely re-established the former 
 legislation on the subject. 
 
 Each tribunal of commerce is composed of a president, of not less 
 than two, nor more th&n fourteen judges, renewed by one half yearly. 
 
 •Seven votes suffice for attenuating circumstanceB. The vote is secret, and the tfhite 
 bulletins are in favor of the accused person. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 201 
 
 There is no public prosecutor, and instead of the several counsel, there 
 are special lawyers, called agrees, or the party interested, or one em- 
 powered by him can plead. 
 
 The functions of the judges are honorary. 
 
 These tribunals decide on all disputes relative to engagements and 
 transactions between merchants, shopkeepers and bankers; or disputes 
 between others relative to commercial transactions. 
 
 The articles 632 and 633 of the code of commerce not only give 
 exact definitions of the contestations between mercantile clerks and 
 their employers, but also concerning the traffic to which they are at- 
 tached, concerning bankruptcy, &c. 
 
 , They decide in first and laet instance on all demands where the prin- 
 cipal does not exceed 1,500 francs, and on all those where the parties 
 agree to abide by the decision without appeal. 
 
 Appeals for dases, where the sum in 'dispute is more than 1,500 
 francs, are made to the imperial court. 
 
 Frvd''hommes. 
 
 There exists in France an institution entitled the council of PnteT- 
 hommes, charged at the same time witli a certain jurisdiction, and ad- 
 ministrative functions, in relation solely, the one and the other, to the 
 factories, and the arts and manufactures, and to those who occupy 
 them, both manufacturers and workmen. Its jurisdiction is confined 
 to the disputes which arise between the manufacturers on the one hand, 
 and the workmen on the other, by reason of their common branch of 
 industry, whatever may be the'importance of the matter in dispute. 
 
 The prud'hommes are not authorized to settle a dispute between two 
 manufacturers. In the exercise of their powers the council of prud'- 
 hommes is divided into two offices. One, the private office, is composed 
 of two members, a "workman and a manufacturer ; and its mission is 
 to conciliate the parties. The other, the general office, before which the 
 parties appear only when conciliation has become impossible, pro- 
 nounces a final judgment for all sums less than 100 francs. 
 
 The general office exercises also another jurisdiction which may be 
 styled a disciplinary power. It takes cognizance of the infractions of 
 certain laws and regulations in reference to the arts and manufactures, 
 especially concerning models, drawings, and marks or brands. 
 
 The administrative functions of the prud'hommes relate particularly 
 to patents for inventions, (law of the 3d July, 1844,) of which they as- 
 certain the infractions, but without taking cognizance of them. They 
 preserve the patterns of the drawings, the properly of which an inventor 
 wishes to guarantee to himself. They can be consulted by the govern- 
 ment whenever it is thought necessary. , 
 
 The councils of prud'hommes, were regulated by the law of the I8th 
 March, 1806, the decree of the lllh June, 1809, modified by the ad- 
 vjicc; of the Council of State of the 20th February, 1810, and the decree 
 of the 3d August, ]8],0., From that period to the year 1848 the legia- 
 lation on this subject has experienced but little variation. 
 
 The idea which inspired the creation of this institution is thus ex- 
 pressed in the preamble of the law of the 11th March, 1806: 
 
202 ADMINISTRATIVE CHANGES IN F^^NCE. 
 
 "^n cnalteirs relating Jo the arts and manufactures, the superinten- 
 deoce to be exercised, and the infractions to be repressed, require other 
 agt-nts than those of the general administration of the empire, and. even 
 the private administration of the city, other agents, even, than those of 
 the ordinary police. 
 
 "These functions require a certain knowledge which the manufep- 
 turers alone or the foremen of the workshops can ;ppssess. They, re- 
 quire, also, in addition to the severity of the magistrate, a species^ of 
 paternal goodness which tempers the austerity of the judge attipies, al- 
 lows even of indulgence, at all times inspires confidence, anxLaids in 
 procuring submission," , , - 
 
 The council of prud'honames was organized in conformity with tjiese 
 views. It was composedj according to the decree of 18.09, of manu- 
 facturing merchants, foremen, overseers, and workmen patented. {By 
 fmnufacturing merchant must, be understood one who manufaqtures 
 goods to sell them afterwards himself. „. . , 
 
 The law of the 25th !May, 1844, on licenses (jpateMsJ has greatly re- 
 duced the number of workuien, who are obhged to pay a patent, or 
 license, in proportion to the exercise of their trade, qr calling.; More- 
 over, in order to be elected a prud'homme, every candidate, whether a 
 manufacturer, or head of an, industrial establishment, or a simple work- 
 man, must possess the following qualifications: 1st. He must, be a 
 Frenchman. 2d. Be above: thirty years of age. 3d. He must .have 
 exercised.his trade at least six years, and still. continue the samCibusi- 
 ness. 4th. He must know how to read and write. 6ih. He must have 
 ^ license when the law requires it. 6th. ]Vo tradesman who has failed 
 in business is eligible; and if the candidate be a workman, he must 
 never have been accused of purloining n^aterials provided by the manu- 
 facturer. 
 
 The decree of the 27th May, 1848, allows every master, foreman, 
 workman, .and journeyman, t\yenty-one years of £^e, and resident du- 
 ring six months at least within the limits of the council of prud'hommes, 
 to become an elector. -Previously they were required to be twenty-five 
 years of age, and to have resided at least a year within the sanxe cir- 
 cumscription. What is the more remarkable in this decree is, that the 
 patrons and the workmen are convoked separately by the prefect to pro- 
 ceed by ballot, according to the majority, to designate in their respec- 
 tive categories a number of candidates triple , that, of the number flf 
 .■members required to be named. 
 
 The meeting of .workmen was presided over by tte justice of the 
 peace, that of the masters by his deputy. 
 
 The workmen choose among the candidates .masters, ,who jn their turn 
 choose aniongst workmen the number of members required. Therfore- 
 men ,and overseers were considered as masters, (they were fpiajjerly 
 considered as workmen.) 
 
 System introdjiced by th.e l(iw of the i.st Jwrae, 1853. 
 
 The councils of prud'hommes are established by decrees, issued in 
 the form , of public administrative regulations,, in pursuance of a notice 
 from the chambers of commerce, or the consultative chambers of arts 
 
ADMINISTRATIVE CHANGES IN FRANCE. 203 
 
 and manufactures: Ist. All masters twenty-five years of age, and hav- 
 ing been licensed at least five years, and tnree years within the circum- 
 scription of the council. 2d. All foremen, overseers, and workmen, 
 aged twenty-five years, who have exercised their trade during five 
 years at least, and resided three years within the same limits, are 
 electors. 
 
 AH electors aged thirty years at least, who can read and write, and 
 have not been condemned for any crime against probity, are eligible. 
 The list is drawn up by the rnayor, assisted by two masters and two 
 workmen, electors, and is finally agreed upon by the prefect. 
 
 The masters, in a general assembly, name the masters ; the foremen, 
 overseers, and workmen, appoint those of their class. The emperor 
 appoints the president and vice-presidents, who are not required to be 
 chosen from amongst the eligible members. The secretary is proposed 
 by the president, and appointed by the prefect. 
 
 Their duiies last during three years, but the same members can be 
 re- elected. 
 
 The decree establishing the council of prud'hommes fixes the num- 
 ber of members, and names the trade or industry, and the locality over 
 which it presides. 
 
 The councils of prud'hommes decide, without appeal, all matters un- 
 der two hundred francs; an appeal against their decision must be ma.de 
 before the council of the tribunal of commerce. 
 
 In other respects no changes have been made in the former laws. 
 
 Penal Colonies. 
 
 It may be interesting to state here that, by a decree of the 27th 
 March, 1852, the president of the republic endowed France with a 
 penal colony at French Guiana, (Cayenne,) to which a great number 
 of convicts from the convict prisons {bagnes) and some political prison- 
 ers have already been transported.* 
 
 VI. 
 
 Thb Department of Public Instruction and Worship.+ 
 
 The University. 
 
 The minister of Public Instruction is likewise grand master of the 
 University. In France the word university must, in the present day, 
 be taken in quite a different sense to that in which it was understood 
 in 1789, and which is still attributed to it in Germany, and some other 
 countries, as well as our own — a superior school in which are unit,ed 
 
 * See Report on penal law. 
 t See note g of Appendix. 
 
204 ADMINISTRATIVE CHANGES IN PRANCE. 
 
 the faculties of law, medicine, and philosophy. The following, on the 
 contrary, is the definition bestowed on it in 1817 by the illustrious 
 Royer CoUard: "The University possesses the monopoly of instructioa 
 in the same ^measure as the tribunals possess that of justice, and the 
 army that of public force. The university is simply the government 
 as applied to the general direction of public instruction, to the colleges 
 in the towns and cities,- as well as to those of the State, to the private 
 schools as well as to the colleges; in fact, the monopoly, from the low- 
 est country school to the highest faculty." 
 
 No person can open a school, or teach in public, without having re- 
 ceived from the. university either a diploma or a license of capacity, or 
 at least without havingbeen specially authorized. 
 
 Organizations 
 
 In France, the iljstruction is divided into three degrees— of primary, 
 secondary and superior instruction, and of private schools, answering 
 to the ^bove. " ' • 
 
 : At the head of the Public Instruction is thetfninister, entitled also 
 grand master of the University, and the superior council of public in- 
 struction, entitled originally the council of the University, by the decree 
 of 17th March, and subsequently the. cnmmisdon. of public iimtriiction, by 
 th? ordinance of the ,15th. August, 1815, and royal council of public in- 
 strvction by the ordinance of the 7th December, 1845. 
 
 The. royal council was composed of thirty members, ten of which 
 were appointed for life, (titulary councillors,) and twenty chosen every 
 year, (ordinary councillors.) They were chosen from amopg. the higher 
 functionaries of the university, and formed into five committees, namely: 
 
 1st.. The state and progress of the studies. 
 
 2d. Thedirection and police of the schools.; 
 , 3d.. The accounts. 
 
 4th. Disputed matters. 
 
 5th. Matters relatmg to the seal, ox ministry. ' 
 
 . The council, on the proposition of the grand master, (the minister,): 
 discusses and; adopts all projects of regulations and statutes required 
 for the different schools. By virtueof the administrative power which 
 it exercises over the establishments devoted to instruction, it decides all 
 questions relative to their police, expenditure, and accounts, as well as 
 their general direction. It' settles their budget, and approves of the 
 works or books which may be hsed for teaching in the colleges. The 
 council furnishes its opinion and advice to the grand master, on all re- 
 fa^'ms it maybe judged useful to introduce into the system of puhlic 
 instruction ; it receives the complaints of the superior, and settles the 
 claims of the inferior officer. There exists, also,- certain disciplinary 
 penalties which it alone has. the right of inflicting, except in certain 
 cases in .which recourse is had to the council of state. The council has 
 thus four different kinds of attributions — a regulating and an adminis- 
 trative power, consulting functions, and judicial authority. The min- 
 ister of public instruction has also under him a number of inspectors 
 
ADMINISTRATITB CHANGES IN FRAKCB. 205 
 
 general, as exterior agents, who superintend the academies,* the rectors 
 from among which represent the minister in the departments. There 
 are also private inspectors for secondary instruction, or the colleges', 
 and simple inspectors for primary or elementary instruction. 
 
 Law of ike Ibth of March, 1850, {Loi Falloux.) 
 
 The law of the 15th of March, 1850, introduced many new principles. 
 According to the same, the superior council of public instruction is 
 composed of the Minister, of four bishops, threes' ministers of worship, 
 not Catholic, three councillors of State, three members of the court of 
 cassation, and three members of the Institute, each selected by their re- 
 spective cpll^gves; of eight members named by, the President of the 
 Republic, in a council of ministers, and chosen irom among the higher 
 officers of the University, and three members among the free or private 
 instructors, (heads of boarding-schools or private institutions,) appointed 
 also by the President of the RepubUc. 
 
 The eight members above alluded to form a permanent section ; they 
 are "appointed for life, and receive salaries; the duties of the remainder 
 last for a term of six years, but the membt-rs can be re-elected. 
 
 The attributions of the superior council of public instruction are the 
 same as those of the royal council. 
 
 An;academy is established in each department, (eightysix instead 
 of twenty-seven.) ;-Each is under the direction of a rector, assisted by 
 one or several inspectors, and by an academic council. This council 
 is composed of the rector, an inspector, the prefect or his deputy, an 
 ecclesiastic appointed by the bishop, a Protestant minister, a delegate 
 of the Jewish consistory, if one exist, the attorney general, a membef 
 of the court of appeal, or of the tribunals, elected by the court or tri- 
 bunal, and four members elected by the Council General, two chosen 
 from amongst its own merabersi the latter elected for three yea:rs, and 
 susceptible of being re-elected. 
 
 The academic council represents the State in the departments, to a 
 certain degree, in the same manner as the superior council represents 
 it in a higher degree throughout France. It is consulted by the min- 
 ister on whatever is connected with public instruction (particularly 
 primary and secondary instruction) throughout the department. This 
 same law also regulates the mode of instruction, and primary as well 
 as secondary education, both public and private, entering into numerous 
 details on the subject, so that, in fact, it may justly be cansidered as the 
 code of public instruction. 
 
 The decree of the 9lh March, 1852, alters but a part of this law. It 
 suppresses the elections, and enacts, that instead, the members of the 
 permanent section, as well as their colleagues, formerly elected, shall 
 be named by the chief of the Slate. The latter are at present only 
 named for one year. A slight modification also occurs in the council, 
 there being one bishop more, and one member of fi'ee instruction less. 
 
 By the decree of the 9th of March, 1^52, the professors of the col- 
 lege of France, and some others, are no longer elected fi)r life, a privi- 
 
 . — _ — ( — 
 
 * Previous to the year 1848, they were twenty-seven in number. 
 
206 aDministkative changes in fkance- 
 
 lege; they formerly enjoyed. When the appointinent of a professbi* is 
 required, the minister proposes a candidate to the chief of the State, 
 either among' the doctors, chosen from a duplicate list of names ob- 
 tained from the faculty in' which the vacancy occurs, or from the aca- 
 demic council. - ^ 
 
 This decree also promised a new plan of study, which has been 
 since published, the grand principle of which is to connect the studies 
 of the exact sciences {sciBrices) with the philological and classical studies, 
 (lettres.) 
 
 Publib Worship. 
 
 The general administration of worship; formerly attributed to the 
 ministry of Justice, hasi since the 25th= of February, 1848, formed part 
 of the ministry of Public Instruction. 
 
 It is well known that the systern'of worship in France was organized 
 by the organic articles of the law of 18th Germinal, year X.* This 
 organization has not been changed for the Catholic worship, which 
 stiU continues to be directed by the hierarchy of archbishops, bishops, 
 curates, and officiating clergy, (the vicars, chaplains, &c.)' It has been 
 only modified, in some respects, with regard to the Protestant worship, 
 by the addition of a Jewish council, (or consistory,) the Jewish persua- 
 sion being already included. 
 
 Modifications in 'respect to Frostestant worship. 
 
 The following is an analysis of the' decree of the 20th March, 1852, 
 relative to Protestant worship : • . , 
 
 Every parish has a Presbyterial council, composed of at least four 
 laymen, and not more than seven, presided over by the pastor, or one 
 of the pastors, and the members of which are elected by the members^ 
 cEuried on the parish registers. 
 
 A certain number of parishes form a consistorial circumscription. 
 The consistory is composed of the Presbyterial council of the chief town 
 of the circumscription, and includes double the numberrof members 
 composing the others, as well as all the pastors, and a delegatefrbm 
 each Presbyterial council. 
 
 These dispositions are common to the reformists, (Calvinists,) and to 
 the Augsburg confession, (Lutherans.) There exists, however, special 
 regulations for each. A central council of the reformed churches in 
 Paris represents" this confession before the government. The pastors 
 are named by the consistories, from a list of candidates classed in al- 
 phabetical order. When the chair of a professor of this communion 
 becomes vacant in the faculty of theology, the central council collects 
 the votes of the different consistories, and transmits them,' with its 
 opinion and advice, to the minister. - 
 
 The churches and consistories of the confession of.Augsburgiare 
 placed under the authority of the superior consistory of the directory. 
 The superior consistory, named by the government at the request of 
 
 * See note h of Appendix . 
 
ADMINISTRATIVE CHANGES IN FRANCE. 207 
 
 the directory, watches over the establishment and- discipline of the 
 chureh, and approves of the books and forms of prayer used in the 
 worship, and religious instruction, &c. 
 
 The directory is composed of the president, one layman, one eccle- 
 siastical inspector, named by the government, and two deputies, named 
 by the superior consistory. The directory exercises the administrative 
 pott'er. It names the pastors, submitting their nomination to the gov- 
 ernment ; it also exercises a superior superintendeh6eDover the religious 
 instruction, &c. 
 
 A Special paragraph of the decree of the 20th March confirms all the 
 remaining paragraphs of the organic articles, which are not contrary to 
 the new regulations. 
 
 VIT. 
 
 Tbb I^parthent of Public Works, of Agriculture and or 
 
 Commerce.* 
 
 This Department is charged with whatever relates to the roads and 
 bridges, the internal riavigation and the maritime ports, the railroadsj 
 miiies, also,^ under the head of general direction of Agriculture and 
 Commerce, with what relates to those two branches^ as well as to arts 
 and nianufactures. - . 
 
 The external service of the Department of Public Works is com- 
 posed, 
 
 1st. For the administration of the roads and highways : of inspectors 
 general and inspectors of divisions, of head erigineers and engineef s of 
 the second class, students, drivers', and uiferior servants, guards foir the 
 canals, lock keepers, &c. ; to which must be added the captains, lieil- 
 tenants, and port masters for the sea ports, and inspectors of naviga- 
 tion on the rivers. 
 
 2d. For the administrdtion of the mines ; of inspectors general, chief 
 engineers, and engineers of the second class, and pupils. 
 
 In consequence of the suppression of the department of Police, (de- 
 cree of the 21st June, 1853,) the department of agriculture is re-estab- 
 lished, and'connected with that of public works, under the title of the 
 general direction of agriculture and commerce. 
 
 Dvreetion of Agriculture and of Commerced 
 
 Its duties extend to whatever relates to a^icuhure, industry, and 
 commerce in geiieral. Its agents ave, in the first place, the ordinary 
 members of the executive power, the prefects, sub-prefects, and may- 
 ors, with the aid of several special agents, such as agricultural inspec- 
 tors, the inspector of the veterinary Schools, the chambers of com^ 
 merce, &c. 
 
 * See note i of Appendix. 
 t See ndte i 2 of Appendix. 
 
208 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 A very important aid is also rendered to these departments by the 
 agriculrural societies, and the various committees, of which there exist 
 from 450 to 500 in the country. 
 
 Consulting Assemblies of Agriculture. 
 
 When the government requires information on any subject connected 
 with agriculture, industry, or commerce, it can apply to several con- 
 sulting assemblies, namely : 
 
 The 'imperial, and central society of agriculture, but for technical 
 questions only ;* 
 
 The chambers; of commerce ; < 
 
 The consultivo chambers of arts and manufactures; and / 
 
 The general council of commerce and industry. 
 
 Condition previous to 1848. ' 
 
 Previous to 1848 no chambrr of agriculture existed, so that when 
 the law of 20th May, 1851, was promulgated, it gave universal satis- 
 faction, the desire for such a law having been often ejipressed. ' *^ 
 
 By this law, the meetings to this eftect which formerly existed, but 
 which had not been charged with any specific duties, were regularly 
 organized. Article 2d is in the fallowing terms : ■ The proprietors, 
 farmers, petty farmers, and their children aged twenty-one years, re- 
 siding or haVing' property within the limits of the meeting, have the 
 right to become members on conforming to the rules and regulations.t 
 By ispecial deliberation, taken by a mnjorily of two-thirds of the voters, 
 persons not fulfilling the conditions prescribed by the preceding para- 
 graph, and: to ihe amount of one-tenth of the total number of members, 
 may be admitted to take part in the deliberations.' The rules and regu- 
 lations of each committee must be presented for the approbation of the 
 prefect. Article 6th enacts : The committees correspond with the 
 chamber of agriculture. They are specially appointed to superintend 
 the interests of practical husbandry ; they are the umpires in all com- 
 petitions, and distribute the prizes or other rewards within the limits of 
 their meetings. 
 
 The greater portion of these committees comprise but one or more 
 cantons; there are, however, others which include a whole arrondisse- 
 ment. 
 
 According to the law of the 20th March, a chamber of agriculture 
 should exist in each capitai (c/uf lleii) of ihe eighty-six departments, 
 comprising a member from each canton. They should be elected by 
 the committees ; are eligible at the age of twenty-five and upwards ; 
 and in ease there exists no comtnittce in a canton, the general council 
 must name the member to represent the said canton in the chamber 
 of agriculture. The members were elected for six years, one-third of 
 them being renewed every two years, and capable of being re-elected. 
 
 • This society feceives an annual grant from, the State of 30,000 franca. It has, independ- 
 ently, considerable property of its own. 
 
 t Thia paragraph introduces no change, but the following one is of importance. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 209 
 
 The chambers of agriculture held a session of eight days yearly, 
 fixing the time themselves, and also regulating the proceedings. They 
 could also hold extra sessions at the summons of the prefect or of their 
 president. 
 
 Their functions were to present to the government their opinion on 
 all questions relating to agriculture. It could be required, except in 
 cases of urgency, on the changes necessary to be effected in the legis- 
 lation concerning the agricultural interests, namely, in regard to the 
 indirect taxes, the customs and duties, the police, and the employment 
 of the waters. They were necessarily consulted for the establishment 
 of fairs and markets, and, on the general distribution of the funds, 
 whether general or belonging to the department, destined for the en- 
 couragement of agi'iculture, for establishing model farms, and agricul- 
 tural schools, within their jurisdiction. 
 
 The decree of the 25th March, 1852, is based upon the following 
 considerations : "Whereas, the law of 20th March, 1851, has complied 
 in its principle with the wish of the country for an official representa- 
 tion in its agricultural department, still, in the application of that prin- 
 ciple, very serious difficulties, not only with regard to the mode of elec- 
 tion, but also the prejudice it bears towards the liberty of action of the 
 agricultural societies and meetings : 
 
 " Considering that it is of importance to the wants of agriculture, to 
 render more easy and less burdensome the meetings of its representa- 
 tives, by bringing the consultive chambers nearer the scene of their 
 occupations and labors, in order that they may be able to assemble 
 whenever the matters confided to them may require it ;" &c., &c. 
 
 This decree provides that in future there shall, be established a cham- 
 ber of agriculture in each arrondissement, and that the mayor shall 
 name for each canton one respectable husbandman or farmer, having 
 his residence or property in the canton, to become a member of the 
 same. They are appointed for three years, and can in all cases be 
 re-elected. The prefect fixes every year the period and duration of 
 the ordinary meeting, and convokes it for an extraordinary session 
 whenever he judges it of utility. 
 
 The mission confided to the consultive chambers of agriculture is 
 thus defined by article 6 of the decree of March 25, 1852 : 
 
 " The consultive chambers of agriculture present to the government 
 their views on all points interesting to agriculture. Their advice can 
 be required when any changes in the legislation are about to be effected 
 in regard to the agricultural interests, particularly with respect to the 
 indirect taxes, the customs and duties, the police, and employment of 
 water-works. 
 
 "They may also be consulted on the establishment of fairs and mar- 
 kets, and the employment of the funds given by the State, or belonging 
 to the department; and also for founding agricultural schools and model 
 farms." 
 
 The general council of agriculture is of a much older date thari.the 
 consultive chambers of agriculture. Previous to 1848 its organization 
 was founded upon the royal ordinances of 29th April, 1831, and of the 
 29th October, 1841. The following are the principal provisions of 
 these laws : 
 
 14 
 
210 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 The council general of agriculture was composed of fifty-four pro- 
 prietors, or members of the agricultural -societies, chosen by the minister 
 of agriculture. 
 
 It held an annual session, (this article, however, has never been 
 strictly adhered to,) the period and duration of which were fixed by the 
 minister, who could also convoke an extraordinary session in case of 
 urgency. The duties of the members of this council were honorary ; 
 they lasted three years. And as va,cancies arose among its members, 
 they were filled up by the prefect until this end of the period. 
 
 It chose a president for the annual session. One of the clerks of the 
 department was appointed by the minister himself to fulfil the duties of 
 secretary to the council, and a commissioner, appointed by the king, 
 was also attached to each council, to elucidate the questions which the 
 minister sent before the council, and to furnish communications and 
 explanations which may be necessary in their investigations. 
 
 The council of agriculture deliberated and issued its views and 
 wishes with respect to the propositions or claims of its members, which 
 were rnade either in their o\hi name, or in the name of the various 
 agricultural societies existing in the kingdom. 
 
 It also furnished its advice on all questions referred to it by the 
 minister. ^ 
 
 Law of 20th March, 1851. 
 
 The law of the 20th March, 1851, the same which establishes the 
 consultive chambers of agriculture, prescribes that the council general 
 must be composed of as many members as there are consultive cham- 
 bers, (namely, 86.) But it can also elect, by vote, ten members above 
 that number. Each chamber always elects (according to the law of 
 20th March, 1851,) one member of the general council of agriculture, 
 and for three years. To be eligible, it is necessary to be a member of 
 one of the agricultural chambers, 'and the merhbers can be re-elected 
 at the expiration of the first three years. These are the only changes 
 in the royal ordinances above named. 
 
 Changes introduced by. the d-ecree of 25th March, 1852. 
 
 The decree of the 25th March, 1852, introduced some changes in the 
 preceding legislation. It provides that the council general shall be 
 composed of 100 members, eighty-six chosen from among the mem- 
 bers of the agricultural chambers, and fourteen from among the other 
 inhabitants. They are to be appointed by the minister, who is himself 
 president, and also appoints the vice-presidents. The remaining articles 
 are copied from the preceding legislative enactments. 
 
 Councils General of Arts and Manufactures, and of Commerce. 
 
 The Councils General of Arts and Manufactures, and of Commerce, 
 created also by the ordinance of the 29th April, 1831, are organized 
 the same as the council general of agriculture, and their duties are ana- 
 logous, but applied to industry and commerce only; instead of being 
 
ADMINISTRATIVE CHANGES IN FRANCE. 211 
 
 named they were elected, some by the consultive chambers of arts and 
 manufacturers, and others by the chambers of commerce. These two 
 institutions have not experienced any great modifications for many 
 years. They are always composed, the one of commercial men and 
 retired merchants, and the other of manufacturers, or of men who have 
 retired firom business, elected by the principal members from among 
 their different professions. 
 
 There are several other councils depending uppn the Department of 
 Agriculture and Commerce, in which, however, no very important 
 modifications have been introduced. 
 
 VIII. 
 
 Department of Foreign Affairs.* 
 Foreign affairs. 
 
 The Minister of Foreign Affairs is charged with keeping up the rela- 
 tions with foreign countries ; with drawing up treaties, of alliance or 
 commerce, and providing for their execution ; the appointment of am- 
 bassadors, ministers, charges d'affaires, and consuls, and other diplo- 
 matic or consular agents ; giving them instructions ; causing the privi- 
 leges of the envoys of foreign powers to be respected ; and affording 
 protection to French subjects abroad. 
 
 In this task the minister is aidpd and seconded by a central adpiinis- 
 tration (see appendix) and by the diplomatic agents. 
 
 The diplomatic agents are, the ambassadors and extraordinary am- 
 bassadors, envoys extrordinary and ministers plenipotentiary of the 
 first and second class, chargis d'affaires, and, in certain localities, 
 consuls general. 
 
 The foreign relations of France employ also first and second secre- 
 taries of embassies, secretaries of legations, aspirants, or attaches, 
 ckancelliers, or young men destined to fulfil consular functions, and 
 dragomen. 
 
 The duties and functions of French diplomatic agents are naturally 
 the same as those of similar agents of other countries. 
 
 The only important changes worthy of note, respecting this depart- 
 ment, are with regard to the salaries of the various diplomatic agents. 
 The following is a comparative scale for the different countries, in the 
 years 1848 and 1582 : 
 
 * See note _;' of Appendix. 
 
212 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 Courts. Under the Republic of 1848. Since June, 1852. 
 
 Francs. Francs. 
 
 Londbn 150,000 250,000 
 
 St. Petersburg 120,000 200,000 
 
 Madrid 80,000 120,000 
 
 Vienna 90,000 110,000 
 
 Rome 90,000 110,000 
 
 GoHstantinople 80,000 100,000 
 
 BerUh 70,900 100,000 
 
 Naples 60,000 80,000 
 
 Washington 60,000 80,000 
 
 Mexico 60,000 70,000 
 
 Rio de Janeiro 60,000 70,000 
 
 Turin 50,000 60,000 
 
 The Hague 50,000 60,000 
 
 Berne 50,000 55,000 
 
 Brussels.. 40,000 55,000 
 
 Francfort 50,000 50,000 
 
 Athens 40,000 50,000 
 
 Lisbon 40,000... 50,000 
 
 Munich 40,000 50,000 
 
 Copenhagen 40,000. 45,000 
 
 Dresden....... 40,000 45,000 
 
 Hamburg 35,000..... 45,000 
 
 Hanover 35,000 45,000 
 
 Stockholm. 40,000 45,000 
 
 Florence 35,000 40,000 
 
 Stutgard 30,000.. .- - 40,000 
 
 Carlsruhe :... 30,000... 30,000 
 
 Cassel.. , 25,000 30,000 
 
 Consuls. 
 
 The corps of consuls is composed of consuls-general, and consuls of 
 the first and second class, and eUves consuls, or young men who are 
 studying for the consular department. These various agents are ap- 
 pointed by the Chief of the Stale, upon the recommendation of the Min- 
 ister of Foreign Affairs. (Royal ordinance of the 20th of August, 1833.) 
 Chancelliers are placed with a number of the consuls ; but they are not 
 allowed to be related to the consuls by family ties. In the consulates 
 of the Levant, the office of chancellier is confided in preference to the 
 dragoman (or interpreter) of the locality. 
 
 The consuls can receive authority from the minister to appoint a 
 delegate in those places, within their jurisdiction, where thoy may 
 deem it necessary for the interests of the service. They are required, 
 as much as possible, to choose Frenchmen of note, established in the 
 country, and where there are none, to select the most respectable mer- 
 chants or inhabitants of the place lor the office. These delegates, or 
 deputies, are entitled vice-consuls, or consular agents. Various regu- 
 lations of the public administration have prescribed the mode of admis- 
 sion and promotion in the personnel of the consulates. No consul of the 
 
ADMINISTRATIVE CHANGES IN FRANCE. 213 
 
 first class can be named consul-general, and no consul of the second 
 class can be promoted to the first class unless he has served at least 
 two years in his class. No eleve or supernumerary can be appqinted 
 to a consulate of the second class, until he has served five years in 
 studying the duties of a consul. (Royal ordinance of April 26, 1845.) 
 None are admitted as eleve consul under twenty years of age, nor after 
 twenty-five at the utmost, and then must have passed the degree of 
 bachelor of laws and licentiate, and be judged worthy of admission by 
 a special commission, under certain conditions, and a mode of exami- 
 nation agreed upon by a special regulation, drawn up by the Minister 
 of Foreign Affairs. 
 
 The following are admitted to compete for two-fifths of the vacancies 
 in consular appointments : 
 
 To general consulships: the sub-directors of the department of 
 foreign aiFairs ; the first secretaries of embassies, or secretaries of lega- 
 tion, after five years' service, three of which, at least, in their oflicial 
 capacity ; 
 
 To first class consulships : The head clerks in the various offices, 
 and writers to the Department of Foreign Affairs, secretaries of lega- 
 tions, and second secretaries of embassies, and the first dragoman and 
 the interpreting secretary to the Ottoman Porte (after twenty years' 
 service ;) 
 
 To second class consulships : The head clerks of the central admin- 
 istration of Foreign Affairs, the paid attaches to the different embas-. 
 sies and legations ; consular agents, and chancelliers appointed by the 
 chief of the State, and some few other classes of officers under govern- 
 ment. 
 
 IX. 
 
 The Department of War.* 
 
 War Department. 
 
 The head of this department, after the chief of the State, is com- 
 mander-in-chief of the land forces. Whatever relates to military gov- 
 ernment, the raising of soldiers, the levying and organization of the 
 troops, providing provisions, maintenance, &c., &c., are confided to his 
 care. He is also charged with the police of the array, and the distrir 
 bution of miUtary justice, the special hospitals, and regulation schools. 
 &c., &c. 
 
 Military Organization. 
 
 The mihtary organization of France is sufficiently important to merit 
 further detail. 
 
 * See note k of Appendix. 
 
214 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 Conscription. 
 
 The French army is formed by means of conscriptio7i. (Law of the 
 21st of March, 1832.) Every yeai- all the young men of twenty years 
 of age are inscribed in a special register, kept for the purpose, in the 
 chief town of the canton. 
 
 On a given fixed day, during the spring, all the young men inscribed 
 are assembled in the chief town of the canton, and before a commis- 
 sion, with the sub-prefect at its head ; each young man, in his turn, 
 draws a number from the urn, which is immediately inscribed opposite 
 his name in the register, in which are also inscribed the causes of 
 exemption which each may bring forward. The annual contingent to 
 be furnished by the whole State is voted by the legislature, and distri- 
 buted by the Executive power among the departments and the cantons, 
 in proportion to the list of names entered. When the number of 
 recruits to be furnished by the canton is decided upon, they are taken 
 from a table on which all the young men are inscribed, in the order of 
 the numbers they have drawn. Thus, if the number inscribed is 500, 
 and the contingent 100, those who have from number 1 to 100 are de- 
 clared soldiers, and tliose from nurnber 100 to 500 are firee. It is 
 to be remarked, however, that there are certain infirmities, and posi- 
 tions in society, which exempt many young, men froin serving, so that 
 the first 100 numbers would not suffice to furnish 100 men. ' 
 
 Causes of exemption. 
 
 The following is a summary of the causes of exemption from military 
 service, and which, in consequence, rtequires that the individual be re- 
 placed by one of the young men who had drawn one of the next suc- 
 ceeding numbers. • 
 
 1st. Those who have not 1 meti-e 56 centimetres in height ; 
 
 2d. Those whose infirmities render them unfit for service — (these 
 infirmities are examined by physicians specially appointed for the pur- 
 pose ;) 
 
 3d. 1 The eldest of orphans whose father and mother are dead ; 
 
 4th. An only son, or the eldest son ; or if there be no son, or son-in- 
 law, the only grandson, or the eldest grandson, of a woman actually a 
 widow at the time of the conscription ; or of a father, either blind,' or 
 who has entered his seventieth year ; 
 
 5tb. The elder of two brothers called upon to participate in the same 
 drawuig, and who are both designated to serve by their numbers drawn, 
 provided the younger is acknowledged fit for service ; 
 
 6th. He who has a brother already in the ranks, except as a substi- 
 tute ; 
 
 7th. He whose brother has died in active service, or who has been 
 invalided or superannuated for wdunds received in a service ordered, 
 or for infirmities contracted in the army, by sea or by land. (In this 
 case the substitute who„dies exempts his brother.) 
 
 Independently of the exemptions from service there exist dispensa- 
 tions. But with this difference betw:een the young men exempted and 
 those absent by dispensation, that the former are replaced by others in 
 
ADMINISTRATIVE CHANGES IN FRANCE. 215 
 
 the formation of the contingent, taken" from the same list in numerical 
 order, whilst the latter are considered as performing a service equiva- 
 lent to the military service ; and, ponsequently, the vacancies which 
 occur from their permission or exemption are not filled up. 
 
 Among other causes of exemption are : 
 
 1st. Those who are already attached to the military service in the 
 army, by sea or Ijnd, by reason of voluntary enhstment, a license or 
 commission to accomphsh the service prescribed by the law ; 
 
 2d. The young sailors carried on the lists for the sea service ; 
 
 3d. The pupils of the polytechnic school, on condition that they pass, 
 either in the school or in the pubhc service, a term of years equal to 
 that of the military service ; 
 
 4th. Those who, being members of public instruction, undertake, 
 before the council of the university, and that previous to the period 
 fixed for the drawing, a solemn engagement to devote themselves to 
 instructien during a term of at least ten years ; 
 
 5th. The pupils of the larger seminaries authorized to continue their 
 ecclesiastical studies ; and the young men authorized to continue their 
 studies to become ministers of the other rehgious worships authorized by 
 the State, on the condition that the former, if they have not entered into 
 holy orders on reaching the age of twenty-five years, and the latter, if 
 they have not been consecrated the year following that in which they 
 might have been received into holy orders, are obliged to accomplish 
 the term of service required by the law; 
 
 6th. All young men who have gained the first prizes at the institute 
 or university. ' 
 
 Enlistments. 
 
 Independently of the conscription, a small number of soldiers (that is 
 fi-om nine to ten thousand) are procured annually by enlisting. For- 
 merly the engagements were for the ordinary duration of the service, 
 (seven years ;) in 1848 the provisional government authorized enlist- 
 ments for two years, but since 1852 the term of seven years has been 
 re-established. The effective period of service, however, is seldom 
 more than six years ; because generally during the last year an unlim- 
 ited furlough is allowed. 
 
 Substitutes. 
 
 Every young man whose lot requires him to become a soldier can 
 procure a substitute. He can easily find a man (in time of peace) who 
 for a certain sum (eight hundred to one thousand francs) will consent to 
 replace him. Brothers also have been known to become substitutes in 
 the interest of their family. 
 
 But the mihtary authorities do not accept the first comer as a substi- 
 tute : 
 
 1st. He must be free from all service and obligation imposed, either 
 by the recruiting laws or the maritime inscription; 
 
 2d. He must be from twenty to thirty years , of age, at the utmost ; 
 or from twenty to thirty-five if he has already been in the ranks ; or 
 
216 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 ftom eighteen to thirty, if the brother of the individual for whom he 
 offers himself as a substitute ; 
 
 3d. He must not be married, or a widower with children ; 
 
 4th. He must have the stature required, 1 metre 56 centimetres; and, 
 lastly, he must not have been dismissed from service. 
 
 He who is teplaced by a substitute is responsible, in case of deser- 
 lion^ during one year from the day he is engaged be^re the competent 
 authorities ; but he is liberated if the substitute dies within a year, or 
 if, having deserted, he. is retaken within the same period. 
 
 The system of conscription was violently attacked in the Constituent 
 Assembly of 1848 ; but the majority gained the day, and it was duly 
 inscribed in the constitution of that year. 
 
 Rank and 'promotions. 
 
 The law of the 14th of April, 1832, fixed the necessary conditions of 
 age, length of service in the lower ranks, &c., necessary to promotion, 
 and to obtain higher grades. 
 
 One-third of the vacancies to the raiifc of second lieutenant are given 
 to the non-commissioned officers of the corps in which the vacancy 
 occurs. Two-thirds of those of lieutenant, and of captain, are given 
 to those who have served longest in the lower grades. Half those of 
 the rank of majors of infantry, and chefs de hatfiillon and d ^escadron: of 
 cavalry, are given to those who have served longest ; the other half are 
 named hj the king. " In the superior grades, all are so named. 
 
 In time of war these regulations are slightly modified ; and the term 
 of service necessary for promotion from one rank to another is also 
 slightly shortened. 
 
 Deprivation of Rank. 
 
 An officer can only be deprived of his rank for one of the following 
 causes : 
 
 1st. Dismissal, or resignation, accepted by the gov-ernment ; 
 
 2d. Loss of the quality of Frenchman pursuant to sentence of a tri- 
 bunal ; 
 
 3d. Condemnation to an afflictive or ignominious punishment ; 
 
 4th. Condemnation to a correctional penalty for a crime provided for 
 by articles 402, 403, 405, 406, and 407 of the Penal Code ; 
 
 5th. Condemnation to a correctional penalty, which has placed him 
 under the surveillance of the police, and' deprived him of civic and civil 
 or family rights ; 
 
 6th. Dismissal pronounced by a court martial. 
 
 Pay. 
 
 The laws form a distinction between the positions and the prestatums. 
 
 The positions are gene7-al, or as being on the footing of peace or war ; 
 01, individual, the being on active service, unattached, in non activite, or 
 on half pay. The position of active service is again divided into pre- 
 sent or absent, and which is again sub-di\'ided, as for example, on 
 
ADMINISTRATIVE CHANGES IN FRANCE. 237 
 
 furlough, in the hospital, detained in prison, or taken prisoner by the 
 enemy ; and each of these positions is subject to particular regulations. 
 The prestatio7is are either in money or in kind. Those in money con- 
 stitute the pay, which varies, according as the soldier is present under 
 the flag, absent, or unattached ; in fact, according to his relative posi- 
 tion. The prestations in kind consist of provisions, firing, lodging, &c., 
 which differ accorcjing to the footing of peace or war. 
 
 Internal administration. 
 
 The bodies of troops consist of the company, commanded by a cap- 
 tain; the battalion, commanded ey a chefde hataillon, [commandant,) or 
 major ; the regiment, commanded by the colonel ; and the brigade and 
 division, commanded by generals of brigade, or generals of division. 
 The internal administration {commissariat) is appointed to pay over to 
 the men included in the different corps the pay and provisions due to 
 them, and to account for the money and munitions furnished for this 
 purpose, to the State. 
 
 This administration is exercised (except for the companies) by a 
 council, composed of the superior officer, and four or six officers of in- 
 ferior rank. The captains and majors are appointed under the au- 
 thority and superintendence of the council and major, with all the 
 details and writings necessary for the administration and subsistence of 
 the troops under their orders. They draw up all claims to be laid be' 
 fore the council, when the pay and distributions of the rations are not 
 eflfected at thje regulated periods. They are responsible for the funds, 
 effects, and munitions of all kinds, for which they give receipts, and 
 also for the due distribution of the same. 
 
 Intendants militaires, (commissaries of stores.) 
 
 This corps forms part of the Etat major of the army. It includes the 
 commissaries, sub-commissaries, and deputy sub-commissaries. These 
 officers represent the Minister of War, in whatever relates to the regu- 
 larity and due employment of the finances, independently of which 
 they exercise several special functions, which are clearly defined in 
 the royal ordinance of the 18th of September, 1822. 
 
 Committees. 
 
 The Minister of War is assisted by several committees, namely : 
 The committee of infantry ; 
 The committee of cavalry ; 
 The committee of artillery ; 
 
 The committee of engineers and fortifications, and 
 The staff" committee, or Etat major. 
 The organization of the committees of infantry and cavalry is very 
 nearly the same. (Ordonnance of 17th December, 1840.) Both are 
 composed of seven generals of division and a military commissary. 
 One of the superior officers of the staff" fills the office of secretary. 
 The members of each committee are renewable, ei|;her wholly or in 
 
218 AKMIMSTRATIVE CHANGES IN FRANCE. 
 
 part, every two years. The session of the infantry and cavalry com- 
 mittee lasts from the 1st January to the 1st July. During the other 
 six months of the year, these committees can only be summoned by 
 virtue of a special order of the Minister of War. 
 
 These committees discuss and examine whatever relates to the por- 
 tion of the army which they represent, and in compliance with the 
 returns ordered by the Minister, of War, all tjuestions S-elating to the 
 constitution, organization, service, discipline, instruction, clothing, arms, 
 regimen, and internal administration of the different corps. 
 
 Amongst their duties are also included the examination and drawing 
 up of a summary of the reports of the inspectors general on the vari- 
 ous parts of the service, and the drawing up, from the names proposed 
 by the same, the table of proinotion hy choice, as well for the rank of 
 superior officer in the infantry, cavaliy, and gendarmery, as for that of 
 captain in the latter. Their opinions must be accompanied by their 
 motives for the same. 
 
 The committee of artillery is composed of nine generals (of division 
 or brigade) on active service; the office of secretary beiiig filled by a 
 superior officer of artillery. Its duties and powers, defined by the or- 
 dinance of the 19th August, 1836, are as follows : 
 
 It gives its opinion and advice respecting— 
 
 1st. The regulations relative to the organization of the men and mu- 
 nitions, and material of the artillery, and ^he service of this corps, 
 whether in peace or war. i 
 
 2di The means of arranging and regulating' the rules and special 
 services and administiation of the artillery, with the rules a:nd regula- 
 tions affecting the other branches of the army; 
 
 3d. It regulates,the plans, projects, contracts, treaties, &c., respecting 
 works to be executed in the arsenals, forges, foundries, manufactories 
 of arms, and powder mills, as well as ail discoveries and inventions re- 
 lating to the various kinds of arms, and for which" the committee orders 
 the necessary trials and proofs to take place. 
 
 4th. On the funds required annually tor every branch of the artillery. 
 
 5th. On the system of instruction in the school of application and the 
 regimental schools, and on the means of perfecting the various depart- 
 ments of this Corps. 
 
 6th. On the general inspections required, both of the troops and 
 arsenals, &c. 
 
 7th. On namifig the ofiicers of artillery, of different ranks, to various, 
 places required in the arsenals and establishments ; and to command 
 the troops, whether in time of peace or war. 
 
 8th. On the substitutes to be provided, and on the promotions to be 
 granted in the artillery corps. 
 
 The committee of fortifications is composed of nine generals on ac- 
 tive service. (Ordonnance of the 27th August, 183G.) It duties are 
 the same as those of the artillery; the only difference between them re- 
 lates to matters connected with the nature of their duties. 
 
 The committee of the staff is composed of three generals of division 
 and one general of brigade, the director general of the depot of the war 
 department, the general commanding the school of application of the 
 staff, and the general commanding the special military scnool. (Ordon- 
 
ADMINISTRATIVE CHANGES IN FKANCB. 219 
 
 nance of the 18th June, 1841.) The duties of this committee embrace 
 every point in connexion with the staff corps. 
 
 Board of Health for the Army. 
 
 The board of health for the army is composed of two inspecting phy- 
 sicians, two inspecting surgeons, and an inspecting chemist and drug- 
 gist; thF.t is to say, five members of superior rank.. {Roijal Ordonnance 
 of the 10th August, 1836.) The service of an additional number of 
 physicians of lower rank is sometimes required. , ' 
 
 The board of health composes the programmes for the examinations 
 and competitions which are required for the pupils and the assistant 
 surgeons. It forms part of the jury for the competition for advance- 
 ment in the medical staff. It reports to the minister its views and opin- 
 ions on the ameliorations to be introduced iiito the medical department, 
 and furnishes information and advice on all questions relative thereto, 
 submitted to it by the minister. ' ' 
 
 The members of this board are also required to inspect military hos- 
 pitals, &c., &c. 
 
 Algeria. 
 
 The Minister of War has also the superintendence of Algeria, which 
 is governed by a separate legislation, that has often been modified since 
 183Q. To give a full a'ccount of its development would exceed the 
 limits proposed for this report. 
 
 DEPARTMENT OF THE MARINE AND THE COLONIES. 
 
 The Marine. 
 
 The duties of the minister of marine include the direction of the ports, 
 arsenals, and of provisioning the navy ; the superintendence of the con- 
 vict prisons; the fitting out, construction, and repairing the ships-of- 
 war; directing the naval forces and their various operations ; in fact, 
 whatever relates to the marine and the colonies. 
 
 Inscription Maritime. 
 
 The inscription maritime bears the same relation to the navy as the 
 recruiting system or conscription to the army.* 
 
 Every one who devotes himself either to navigation or fishing in the 
 sea or in the rivers as far as the point where the tides rise, is inscribed 
 on the registers of the navy, at first provisionally, and subsequently de 
 
 * See law of 3d Brumare, an. ivj 
 
220 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 cisively, provided he declares his intention of devoting himself to the 
 sea, or, in fact, if he continue to navigate. The inscription extends from 
 the age of eighteen to fifty, inclusive. As long as his name remains on 
 the registers of the State the sailor is obhged, wherever he may be, to 
 answer the summons of the State. 
 
 The sailor whose name remains on the list, and who enters a foreign 
 service, is liable to the penalties declared against a deserter. The du-- 
 ration of the service is from six to seven years. 
 
 On entering the service the sailors receive their pay. and travelling 
 expopses ; a portion ot the ibrmer they are allowed to remit to their 
 families. They are exempt from the recruiting service for the army, 
 and from serving in the national guard. 
 
 Three or four thousand men are entered annually as recruits, who 
 are distributed amongst the crews of the ships-of-the-line, and the ma- 
 rines, infantry, and artillery. 
 
 After the age of fifty they are enrolled on the list of invalids, and are 
 entitled to a pension. 
 
 In addition to the above may be added those who enlist voluntarily, 
 and who number frond one-fourth to one-third of the seamen employed 
 in the French navy.* 
 
 Officers. 
 
 The officers are chosen from among the pupils of the naval and 
 polytechnic schools, and, the captains of trading vessels making loijg 
 voyages, (de long cours,) who have served two years as supernumerary 
 ensigns on board vessels belonging to the State, t and the boatswains of 
 ships-of-the-line, (vaisseaux,) who have passed an examination prescribed 
 by the ordinance of the 24th April, 1832. 
 
 Under the Naval Department are the crews of ships-of-war, the me- 
 chanics, workmen, and stokers or firemen, the in-fantry and marine ar- 
 tillery, the marine gendarmery, &c., &c., each of which has its separate 
 organization. 
 
 Administration. 
 
 In respect, to the local administration of the navy, there are five ma- 
 ritime arrondissements in France : Cherbourg, Brest, L'Orient, Roch- 
 fort, and Toulon, at the head of each of which is a maritime prefect. 
 The five arrondissements are again subdivided into thirteen sub-arron- 
 dissements, and fifty-eight divisions, or quartiers. 
 
 Commissariat. 
 
 Besides the crews and different bodies required for the naval service, 
 there exist also civil services. The civil or administrative service is 
 confided to the " commissariat." Its duties consist in provisioning the 
 
 , ^ ■ ■ -^ 
 
 *The number of seamen, &c., at thia.momeut in the French navy is, according to a lajt^ 
 
 report of the minister of marine to the emperor, 33,675. T" 
 
 t In France no one can command a vessel without authority, which is given only aftW 
 
 passing an examination, which differs essentially for the coasting trade and the captains fibr 
 
 long voyages, (de long cours.) \ 
 
ADMINISTRATIVE CHANGES IN FRANCK. 221 
 
 ports, in receiving and storing the clothing and other ready-made ma- 
 rine stores, in centralizing the general accounts of the munitions and 
 materiel of the ports, the providing provisions, the hospitals, and con- 
 vict prisons, in giving the necessary orders ibr the expenses of tKe 
 navy, paying the officers and men, and, generally, in regulating what- 
 ever relates to the subsistence or victualling of the navy. 
 
 The officers and various agents of the commissariat are employed in 
 the maritime arrondissements of France, in Algeria, and in the other 
 colonies, and also in the central administration. This body comprises 
 a number of commissaries general, commissaries, and sub-commissa- 
 ries. There existed formerly a special administration for the provisions 
 or victualling office, which has been suppressed. 
 
 Naval Schools. 
 
 The naval schools ought not to be forgotten in enumerating the insti- 
 tutions dependent upon the Department of the Marine. 
 
 Established in the roadstead of Brest, on board a vessel-of-the-line, 
 the naval school offers to pupils a theoretical and practical course of 
 instruction, which has been thought tlie most suitable to form them for 
 the service of the fleet. The personnel, or persons attached to the 
 school, comprise a captain of a ship-of-the-line as commander, the 
 captain of a frigate as second, eight lieutenants, a government clerk, a 
 surgeon-major, an almoner, ten professors, four examiners, and a crew 
 of one hundred and sixty men. Every year a programme of qualifica- 
 tions for admission to the naval school is published. The pupils must 
 not be more than sixteen years of age, the price of admission is seven 
 hundred francs per annum, and the outfit six hundred francs, once 
 paid. (See regulations of the 25th of April, 1839, and 11th of Janu- 
 ary, 1844.) 
 
 There is also in almost every port a school where the art of laying 
 down maps and chart's is taught gratuitously. (Ordinance of the 7th 
 August, 1827.) 
 
 Schools of Cabin-Boys, (Mousses.) 
 
 Schools of cabin-boys are established on board vessels in the road- 
 stead of Cherbourg, Brest, and Toulon, to instruct the lads and to en- 
 able them to enter the companies of cabin-boys, in the divisions of the 
 crews of the line attached to these three maritime arrondissements. 
 
 These young lads, chosen in preference from the population of the 
 coast, must be from thirteen to sixteen years of age. They must pro- 
 duce a certificate of birth and of good behaviour, and the engagement 
 contracted by their parents to reimburse their expenses to the State, if 
 taken firom the service before the age of sixteen years. 
 
 Schools of Marine Artillery. 
 
 There exist, also, several schools of marine artillery at B'rest, Tou- 
 lon, and L'Orient, in addition to which there are two floating schools 
 of artillery at Brest and Toulon, for exercising the firing at a mark at 
 
222 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 The school of application of naval engineering is established at 
 L'Orient. 
 
 The Ecoles de Maistrance at Brest, Rochfort, and Toulon are conse- 
 crated to maritime engineering, under the direction of officers of that 
 department, to form sub-officers for the different professions relating to 
 naval architecture. 
 
 Colonies. 
 
 The colonies are regulated by special laws, which differ even some- 
 times between one colony and another. The following is an outhne of 
 the manner in which the colonial government is organized : 
 
 At the head of each colony is avgovernor, who is supported by 
 a privy and a colonial council.* The privy council is compose^d of 
 several superior officers. (See the royal ordinance of 9th of February, 
 1827, and 31st of August, 1828.) 
 
 The colonial council is elected by the itihabitants of the colony. 
 
 Previous to 1848, it was necessary to pay two hundred francs taxes 
 at Bourbon, and three hundred francs at Martinique, in order to become 
 an elector ; at present the cense is abolished. 
 
 Colonial Governor. 
 
 The powers of the governor are very extensive. He represents the 
 chief of the State in the colonies. The miUtary authorities are at his 
 disposal; in cases of urgency, unless tlley'have special instructions, 
 the commanders of the naval forces obey the requisitions of the gov- 
 ernor ; he can declare the colony in a state of siegfe, and assume all the 
 civil authority under his own personal responsibility ; he convokes and 
 presides over the council of defence ; he forms and convokes, the courts; 
 martial, the jurisdiction of whieh extends only to the army, and matfers. 
 connected with the militia. 
 
 The governor has the superior direction of the naval and war die- 
 partments, and the finances of the whole interior service of the colony ^ 
 he exercises supreme superintendance over the navigation, and the 
 police thereof, lays on embargoes, delivers acts of registration as Fsenchi 
 ships to vessels built abroad* and also, letters of marque to corsairs in 
 time of war, &c. Every year he decrees the project of the budget of 
 receipts and expenditure, lor the service of the island, to be laid; before 
 the colonial council ; he orders the levying of the rent rolls of the direct 
 taxes;, he directs the regular receipt of the taxes, and the applicatioa 
 of' the laws with regard to foreign commerce and the customs ;■ he pro- 
 poses to the Minister of the Marine, to the Council General, and to. the 
 n;unicipal council, in the order of iheir respective functions, the acqui- 
 sition, exchange, or alienation of the property of the colony ;, and he 
 alone can grant concessions of lands, or revoke them ; he superintends 
 and protepts what relates to public instruction, issues measures, relative 
 to the sanitary police of the colony, watches over the press,., and takes 
 
 *This refers to Martinique, Guadaloupe, Guyana, and L'lle de la Reunion, . (Isle of 
 Bourbon ;) Senegal, Pondicherry, and St. Pierre Miquelon have no colonial, coaacW. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 223 
 
 every other measure connected with the superior police which he may- 
 judge necessary. 
 
 On the other hand, the powers of the governors are Hmited by ordi- 
 nances and regulations, (reglements,) and in many cases it is his duty to 
 take the advice of the privy council. 
 
 Privy Council. 
 
 This council is composed of the governor, the military commandant, 
 the ordonnateur,* (commissary,) the director of the interior of the colony, 
 the attorney general, three colonial councillors, and the inspector of the 
 colony. 
 
 When the council is called upon to give judgment in any matter 
 which ought to be decided administratively, (when the question relates 
 to a matter in discussion with the administration,) it calls in th6 assis- 
 tance of two magistrates, who have a deliberative voice. The officers 
 charged with the direction of the artillery and the engineers, the chief 
 engineer of bridges and roads, the captain of the port of the chief town, 
 the government victualling officer, the directors of the administration 
 of the finances, &c., are by right called upon to assist in the , council, 
 when questions which relate to their different departments are to be 
 discussed, and for which they have a consultive voice. 
 
 The council verifies and closes the accounts of the receivers, store- 
 keepers, and all the accountable »agents of the colony, except those of 
 the treasury. It decides all contracts and sales for the provision and 
 objects of utility to the colony, it ordains promotion and increase of pay 
 xto the seamen, and gives its decision on all questions within the province 
 of the prefecture councils in France. 
 
 Colonial Councils, 
 • 
 
 The colonial councils resemble the general councils of the metropo- 
 lis. They vote the budget of the colonies presented by the governor, 
 except the salary of the governor himself, as well as the expenses of 
 the -personnel of justice and of the customs, which are fixed by the home 
 government. 
 
 The colonial councils also decide and distribute the direct taxes, and 
 in the same forms they ai-e consulted on all the outlay attached to the 
 military service at the charge of the State ; they have also the right of 
 communicating their wishes on all matters interesting to the colony. 
 
 The decrees adopted by the colonial councils, and approved by the 
 governor, must be submitted to the sanction of the Chief of the State ; 
 but they can, in cases of urgency, be put in execution provisionally. 
 
 In the . colonies of Senegal, India, (Pondicherry,) and of St. Pierre 
 Miquelon, a government council replaces the privy council with similar 
 powers ; and a general council, elected by the inhabitants themselves, 
 supplies the place, to a certain degree, of the colonial council. 
 
 *Tlie ordoratoteur in the colonies performs nearly the same duties as the commissary of 
 stores in the army. 
 
224 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 Council of the Admiralty. 
 
 Among the councils by which the minister of the marine is sur- 
 rounded, may be mentioned, in the first place, the council of the Admi- 
 ralty, which was created by the royal ordinance of 4th August, 1824. 
 
 According to this ordinance, which was still in force on the breaking 
 out of the revolution of 1848, its duties consist in giving advice on all 
 measures relating : 
 
 1st. To the colonial and maritime legislation, and to the government 
 of the colonies. 
 
 2d. To the organization of the forces of the navy, and liiode of 
 victualling. , 
 
 3d. To the naval works and constructions, and to the direction and 
 employment of the navy, in time of peace and war. 
 
 In 1847, this council consisted of a vice admiral as vice president, 
 and another vice admiral as deputy; of a Councillor of State, formerly 
 director of the ports and inspector genera.1 of the naval engineers ; of a 
 Councillor of State, director ofliaval constructions', or architecture ; of 
 two rear admirals ; of a -naval, commissary general, formerly governor 
 of tiie colonies; and a naval Captain, on the retired list, as secretary. 
 
 The minister of the marine is president. In ease of being prevented, 
 he is represented by a member appointed by himself. Thg Minister 
 has the faculty, whcn he thinks it necessary, to summon the directors 
 of his Dep^.rtment to the council, to assist in the discussion of questions 
 connected with their respective ofl&ces. The directors thus summoned 
 have a deli berative voice ; but the Minister cannot call in more than -two 
 together, to take part in the delibei;ations. , 
 
 The composition of the Council of the Admiralty was modified by 
 the decree of the 3d May, 1848. It was composed of naval officers of 
 all ranks, down to thfit of lieutenant ; and the duty of drawing up a list 
 of promotions for naval officerg was added to its functions. 
 
 Naval Invalids. 
 
 The superior commission of the estabhshment for naval invalids 
 merits particular attention/on account of the interesting institution over 
 which It presides. > 
 
 This establishment comprises three distinct funds or pay offices : 
 
 The prize fund ; 
 
 The seamen's fund ; and 
 
 The invalids' fund. 
 
 Pay office for prizes. 
 
 1st. The fund, or pay office for prizes, receives in all cases the pro- 
 duce of captures made by the vessels of the State, and, in certain fixed 
 cases, those made by corsairs. When the amount of a prize has been 
 liquidated, the amount due to private vessels is paid over to the owners;, 
 that which belungs to the officers and crews of the vessels of the State 
 and privateers is paid into the seamens' fund ; and the share falling to 
 the invalids is paid into the invalid fund, in conformity with the regu- 
 lations on this head. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 225 
 
 Seamens' fund. 
 
 2d. The seamens' fbnd, in addition to the share of prizes, receives 
 the pay of the seamen absent, all maritime successions, and, in general, 
 all sums, &c., which, being the property of sailors or their families, 
 could not be collected by the interested parties themselves. 
 
 In this manner are deposited the amount in money, &c., from the 
 remains of shipwrecks and accidents at sea. 
 
 During the first two years following the deposit, all claims, duly 
 substantiated, are satisfied, by the money or object claimed being de- 
 livered without any expense, at the residence of the claimant ; after 
 that period, the sums of money or other objects are handed over to the 
 invalid fund. 
 
 Invalid fund. 
 
 3d. The invahd fiind forms the complement of, and is superior to, 
 the other funds. It receives, after a deposit of two years, the sums 
 previously paid into the seamens' fund; but only as a deposit, and 
 without any prejudice to the rights of the parties to whom they belong. 
 Those sums, however, which remain in the fiind, become its property, 
 after a certain fixed lapse of time. 
 
 Other revenues. 
 
 The other revenues of this branch of the service are : A deduction of 
 three per cent, from the expenses of the navy and the colonies ; various 
 sums levied on the fitting out of ships of commerce ; the amount of 
 
 S)rizes which, though not considerable for those taken by privateers, are 
 ar more so for those taken by the vessels of the State ; together with 
 the interest of money in the public flmds, accruing from the savings of 
 the administration during the wars at the commencement of the century, 
 and from other sources. 
 
 Administration. 
 
 For the purpose of receiving the funds and paying the expenses of 
 the administration in France, the government employs a treasurer gen- 
 eral and forty particular treasurers, without reckoning those of the colo- 
 nies, and, when required, the consuls. 
 
 This administration is also employed to pay over to the merchant 
 seamen, as well as seamen belonging to the State, all pensions and as- 
 sistance granted by the government. 
 
 It is calculated that this seamens' invalid fund supports and relieves 
 annually upwards of 20,000 families. 
 
 Change in the system of 'promotion in the Marine. 
 
 An important modification has been made in this Department by the 
 laws voted in the Corfs Legislaiif the I9th of April last, concerning 
 promotion in the marine. The superior ofiicers of the marine are as- 
 similated, in regard to continuing in actual serviqe, to those of the 
 15 
 
226 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 army ; the vice and rear admirals corresponding in rank to generals of 
 division and of brigade in the army, ceasing to appertain, the first after 
 the age of sixty-five, the last after the age of sixty-two, instead of at 
 sixty-eight and sixty-five, according to the former laws, to the section 
 of actual service, and pass into that of reserve. As a compensation for 
 this change, certain facilities are oSered for promotion to the higher 
 grades. 
 
 XI. 
 
 Department of State.* 
 
 The decree of the 22d January, 1852, appointing this Department, 
 conferred upon it the following functions : 
 
 The superintendance of the relations of the government with the 
 Corps Legislati/ and the senate ; 
 
 ' The correspondents of the president (of the emperor) with the dif- 
 ferent departments of the govetnment ; 
 
 The signing of the decrees appointing the ministers, presidents of the 
 senate and of the legislative body, the senators, state councillors, &c. ; 
 
 The drawing up and preservation of the documents of the proceed- 
 ings of the council of ministers ; 
 
 The exclusive direction of the official columns of , the Moniteur; 
 
 The direction of the national palaces and manufactories of the State, 
 Sevres, the Gobelins, &c., &c. ; 
 
 Since the re-establishment of the Empire, this department has also' 
 bee n appointed to tha direction of the Emperor's householdit 
 
 CONCLUSION. 
 
 To sum up all in a few words, the changes and modifications effected 
 in the legislature ajid in the administration have been as varied in their 
 sphere as the political changes brought about by the revolutions. The 
 general character of these niodifieations, lipwever,, is, that the revolu- 
 tion of 1848 introduced the principle of election wherever there was a 
 possibility of so doing, whilst 1852- restored to the government the right 
 of direct nomination. Universal sufflage, wherever it has been estab- 
 lished in general elections, has been preserved. 
 
 The National Guard. 
 
 Pi'evious to 1848, the national guards, for instance, elected their 
 subaltern officers, who in their turn, elected their superior officers ; 
 whilst the king named the colonels. Under the Republic, the national 
 guards elected the officers of every rank ; whilst under the Empire, the 
 commissioned officers are appointed by the government. 
 
 * See note I of Appendix. 
 . t See note I 2, of Appendix. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 227 
 
 Mayors. 
 
 The mayors are at present appointed by the Executive Power, with- 
 out any limitation as to its choice. Formerly they were, in a certain 
 measure, appointed by election, in the same manner as the municipal 
 council in the present day. 
 
 Decentralizatioh. 
 
 It is more particularly the power of the prefects, which has been 
 modified and increased by the decree of decentralization. A number of 
 questions which formerly could be only decided by the central admin- 
 istration at Paris are now settled by the prefect, which naturally shortens 
 the time necessary for their settlement. 
 
 Ministries. 
 
 A change, equally important, had been caused by the suppression of 
 the Department of Agriculture and of Commerce, which were annexed, 
 under the head of a general direction, to the Department of the Inte- 
 rior, and by the establishment of the Department of the Pohce. This 
 Department, however, has in its turn been recently suppressed, and the 
 Department of Agriculture and of Commerce re-estabhshed and an- 
 nexed to the Department of Public Works. 
 
 The duties and functions of the Department bf Police have been 
 conferred upon the Minister of the Interior. He gives the warnings, 
 when necessary, to the press, which were forriaerly given by the Min- 
 ister of Police ; he also sees to the execution of the laws relative to the 
 residence in Paris, superintends the book and printing departments, &c. 
 
 A new Department, created in 1852, has been preserved : the Min- 
 istry of State and of the Household of the Emperor, among whose at- 
 tributions are included the Council of State, the Senate, the Legislative 
 Body, the Household (Court) of the Emperor, &c. 
 
 Council of State. 
 
 It is the Council of State which has experienced the greatest variety 
 of phases and modifications since 1847. At that period it was simply 
 a consultive council, named by the king, and possessed scarcely any 
 other fixed duties than the discussion of matters in dispute between the 
 government and the administration, (contentieux.) The constitution of 
 1848 caused the Councillors of State to be elected by the legislative 
 body, and their election was for six years ; it also conferred upon this 
 council several very important functions, and even imposed upon the 
 government the obhgation of siabmitting to it all laws which originated 
 from the administration, before presenting them to the chambers. The 
 constitution of 1852 restored the nomination of the councillors to the 
 chief of the State, by whom they are named for life, and cannot be dis- 
 missed from oflSce. The new Council of State dehberates upon all 
 bills presented to the legislative body, and which are supported by its 
 members before that assembly. The Council of State has also retained 
 its former powers. 
 
228 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 Credit Fonder. 
 
 In conjunction with the various modifications which have been effected 
 in the administration, I ought not to pass over the creations, innovations, 
 and changes effected in the order of political economy. 
 
 For many years France has solicited the estabhshment of Caisses de 
 Credit Fonder, or banks lending on mortgage, without the liberty of 
 receiving back their capital otherwise than by a sinking fund, by means 
 of an annuity. 
 
 These banks were established by a decree of 28th February, of the 
 year 1852. The debtor of the Credit Fonder pays five per cent, 
 annually, in which is included the interest, cost of the administration, 
 emd sinking fund of the capital, which in fifty years will thus be extin- 
 guished. 
 
 The , capital is 60,000,000, divided into shares of 500 fi-ancs each. 
 Bonds are issued for the amount of every loan ; they are of 1,000 francs 
 each, with coupons of 100 francs; they draw interest; and besides, there 
 is a lottery, in which the bondh,olders participate, in which the highest 
 prize is 100,000 francs. A certain number of bonds are, by lot, paid 
 off" yearly at 1,200 francs. , 
 
 The Credit Fonder was established for each department, but by a 
 later decree.the society of Paris was extended over the whole of France, 
 with the exception of Nevers and Marseilles. This decree has changed 
 the nature of this institution very materially. It comes now In aid to 
 large building ehterprisps in the -principal towns, but loses its character 
 as a rural institution. 
 
 Discount , Banks. 
 
 Institutions similar to the Credit Fonder, Comptoirs d' Escomple, were 
 created in 1848, tor ihe purpose of advancing funds upon merchandise, 
 and which were to have been discontinued ; they have, however, on 
 account of tlieir utility, been authorized to continue their operations, by 
 a law voted by the .legislature during this year — with the only differ- 
 ence, that instead' of being supported by the government, they are 
 established and carried on with the funds provided by differentxom- 
 panies or by shares. 
 
 " Secours Mutuels," {Friendly Sodeties.) 
 
 The friendly or mutual aid societies have been placed under the 
 special protection of the government, which has granted them several 
 very important privileges: For instance, those societies authorized by 
 the government are declared to be institutions of public utility, which 
 declaration alone, given by the superior authorities, gives them the right 
 of possessing landed property, of accepting gifts and legacies, &c. 
 
 The diploma of a member of the society replaces the passport, or 
 liiiret, when travelling. 
 
ADMINISTRATIVE CHANGES IN FRANCE. 229 
 
 In general, the establishments created in favor of the working classes 
 have experienced the influence of passing events. In 1848 these banks 
 were obliged to give rentes or stock to the depositors, instead of return- 
 ing their deposites in money. Since that period the rate of interest paid 
 by the banks has been reduced, (it is at present four per cent.,) and no 
 individual can hold in one more than a thousand francs, ($200.) 
 
 Credit Mobilier. 
 
 The society of Credit Mobilier also deserves notice as another crea- 
 tion of the past year. It has a capital of 60,000,000 of francs, with the 
 right to issue bonds to the amount of six hundred millions, hypothe- 
 cated on its investments or its loans in stocks, &c. In a word, it is an 
 association of capital, a huge bank patronized by the government for 
 making vast speculations, loans to States or individuals, for imdertaking 
 great industrial enterprises, and for taking the direction of financial 
 companies.* 
 
 Priid'hommes. 
 
 The councils of Prud'hommes, or industrial magistrates, for judging, or 
 more properly speaking, for conciliating and settling by mutual conces- 
 sions aU difficulties and matters in dispute between masters and men, 
 or manufacturers and workmen, were, in the first instance, elected 
 only by the manufacturers and licensed workmen, or those having a 
 patent. Thus, previous to the year 1848, the manufacturers had a de- 
 cided majority in the council. In 1848 workmen of all classes were 
 admitted t(?vote, and the organization was effected in a manner to insure 
 them a majority in their turn. The new law appears to have estab- 
 lished a certain equality between the men and their masters. 
 
 With regard to the administration of the interests of morals, the legis- 
 lation relative to public worship and instruction, the juries, the press, 
 and the suppression of crime, have been severally modified. 
 
 Worship and Pvhlic Instruction. 
 
 The modifications introduced into the administration of public wor- 
 ship, (Protestants only,) are unimportant. It has not, however, been 
 the same with regard to public instruction, which is no longer, as in 
 1848, exclusively in the hands of the university, or, in other words, of 
 the State. A system of fi-ee education has been established, but which, 
 
 * Much could be said here of various administrative and other measures of the government 
 to stimulate enterprise throughout the country ; of the extension of time of the concession of 
 railroad companies ; of its withstanding itself'^&om active participation as a proprietor of rail- 
 roads ; of the vast amount of public works encouraged and forwarded ; of the increased facili- 
 ties for obtaining money at the public institutions of credit ; of the permissions to the com- 
 munes and departments to increase and extend their term of payment of their liabilities ; of 
 important changes in the tariffs, showing a tendency to a more liberal system of duties on 
 imports ; but I should be carried too far, and have already exceeded the limits I had proposed, 
 and fear to venture upon the subject. 
 
230 ADMINISTRATIVE CHANGES IN FRANCE. 
 
 however, appears in a great measure to be under the direction of the 
 Catholic clergy. 
 
 Jury. 
 
 Previous to 1848 no one could sit as a juryman unless "he paid 200 
 francs taxes, and a few other classes of citizens, such as those exer- 
 cising the leg.rned professions, (physicians, lawyers, notaries, &c.j) and 
 which were entitled classes de capacites. After 1848, and even since the 
 establishment of the. empire, the condition of the census has been abol- 
 ished. Every Frenchman thirty years of age, who can read and write, 
 is not a menial servant, and of moral conduct, (that is, who has not 
 been condemned to a correctional punishment,) is eligible as a juryman. 
 
 The only diiFerence between the imperial and the republican regime, 
 "with respect to the jury, has been established by a recent law. Under 
 the Republic the jurymen, from amongst whom those destined to serve 
 during the year were chosen by lot, were chosen by an elective com- 
 mission ; under the Empire they are chosen by a commission named 
 by the government. 
 
 The mode of declaration by the jury has likewise been modified. 
 The provisional government decreed that " henceforwcurd nine instead 
 of seven^ votes should be required to condemn a prisoner or accused 
 person." During the, same year the Constituent Assembly reduced the 
 number to eight; but the legislation of 1853 has, on the proposition of 
 the government, restored the original number of seven votes. 
 
 Penal Colonies. 
 
 The penal legislation has been completed by the foruMtion of the 
 penal colonies at Guiana. But this question, although decided upon in 
 fact, is not yet settled as a matter of legislation. 
 
 the Press, 
 
 To sum up all, the newly-established political regime- has received 
 its completion by an entirely neW organization of the press. The 
 censorship has not been re-estabHshed ; but no new journal can be 
 established without a previous authorization. The caution-money 
 and stamp are retained. After two condemnations, not by a jury, 
 (which no longer decides upon offences of the press,) but by the cor- 
 rectional tribunals, a journal is suppressed by right ; and after two 
 warnings given by the government, the latter has the right, t/* it thinTcs 
 proper, to suppress a journal. 
 
 One important change remains to be mentioned, in conclusion : that 
 concerning the pensions of civil functionaries regulated by a law voted 
 the 16th of May last by the corps legislatif. 
 
 Before this law there existed a great number of pension funds ; there 
 was one in every administration, besides a great many others, and cer- 
 tain categories of public functionaries had no right to a pension. The 
 pension, equal to one-half of the salary for those having right to the 
 same, was calculated on the average salary for the previous three 
 
ADMINISTRATIVE CHANGES IN FRANCE. 231 
 
 yeajs, and could only commence after arriving at the age of fifty years. 
 Infirmities caused by the service gave a right to a pension, without dis- 
 tinction of age. ' 
 
 By the new law, which is to date from January 1, 1854, the State 
 absorbs all the existing pension funds, and declares itself debtor for their 
 pensions to all those having right to the same. -The pensions date from 
 the age of sixty years, or thirty years of service, and are calculated, as 
 a general rule, at one-sixtieth of the salary for each year of service, 
 and on the average of the previous six years' salary. The new law 
 favors the fimctionaries receiving less than 1,500 francs, as no pension 
 is given of less amount than 750 francs. Those receiving high salaries 
 are less favored, a pension of 5,000 francs,' for example, only being 
 given to the fimctionaries whose salary is 12,000 francs. The regula- 
 tions in favor of the infirm are prescribed, and^ the widow and orphans 
 of the retired functionary have a right to a pension equal to one-third of 
 his pension. The widow of the officer who has lost his fife in the exer- 
 cise of his duties receives two-thirds of the pension to which he was 
 entitled. 
 
APPENDIX. 
 
TABLE OF CONTENTS OF APPENDII 
 
 Page. 
 
 Note a. Law on the Municipal Administration 235 
 
 Note b. Functions of certain Ministerial and Public Officers 248 
 
 Note c. Functions and organization of the Department of the Interior 252 
 
 Note c 1. Functions and organization of the General Police 261 
 
 Note d. Functions and organization of the Department of Finance... 265 
 
 Note d 1. Functions and orgi^nization of the General Post Office 279 
 
 Note d 2. Functions and organization of the Administration of Forests 282 
 
 Note d 3. Functions and organization of the Administration of the Mint 286 
 
 Note d 4. Functions and organization of the Direction General of Registration and 
 
 of Domains ...-.;... .'...;. ....... t 288 
 
 Note d 5. Functions and organization of the Direction General of Indirect Taxes. . . 291 
 
 Note e. Functions and organization of the Cour des Comptes (Court of Accounts) . . 296 
 
 Note/. Functions and organization of the Department of Justice . , 310 
 
 Note g. Functions and organization of the Department of Public Instruction and 
 
 of Worship .....< 299 
 
 Note ft. , Organic Articles of the Law relating to the organization of Worship; .. . . 380 
 
 Note {. Functions and organization of the Department of Public Works 330 
 
 Note i 1. Functions and organization of the Direction General of Agriculture and 
 
 Commerce 336 
 
 Note i 2. Fuiictions and organization of the Imperial Conservatory ofArts and Trades 343 
 
 Note j. Functions and organization of the Department of Forei^ Affairs 315 
 
 Note k. Functions and organisation of the Department of War 318 
 
 Note Tc 1. Council of State,.section of War and Marine 338 
 
 Note k 2- Hotel des Invalides 329 
 
 Note I. Functions and organization of the Department of State and of the House- 
 hold of the Emperor 345 
 
 Note m. Functions and organization of the Administration of the Department of the 
 
 Seine 353 
 
 Note n. Functions and organization of the Prefecture of Police 367 
 
APPENDIX. 
 
 CHAPTER I. 
 
 Law on the MUNiciPAii administration. — Union, Division, and 
 Formation of Communes. 
 
 Article I. No union, division, or formation of communes ,can take 
 place except in conformity to the following rules. 
 
 2. Whenever it is proposed to unite several communes into one, or 
 to detach a section of a commune, whether to annex it to another, or 
 to form it into a distinct commune, the prefect must first institute an 
 inquiry in the communes interested, to consider both the project itself 
 and its conditions. 
 
 The municipal councils, assisted by the principal (largest) tax payers 
 of the commune, in number equal to that of their own members, to- 
 gether with the councils of arrondissement, and the council general, wiU 
 give their opinion on the subject. 
 
 3. If the project concerns a communal section, a syndical committee 
 must be instituted for the section. The number of members composing 
 the committee being determined by a decree of the prefect. This com- 
 mittee must be elected by the municipal electors domiciliated in the 
 section. If the number of electors be not double that of the members 
 to be elected, the committee will be constituted of the principal tax 
 payers of the section. The committee will elect its own president, 
 and will be charged with giving its advice on the above named project. 
 
 4. The union of communes, or any detachment from a commune, 
 when these changes modify the composition of a department, an arron- 
 dissement or a canton can only be pronounced by law. AU other 
 communal unions or divisions, in case of the consent of the municipal 
 councils, deliberating with the principal tax payers; conformably with 
 the second article, or, in default of this consent (for the communes of 
 less than three hundred inhabitants) with the affirmative opinion ofj^the 
 consul general of the department, may be pronounced by an ordinance 
 from the king. In all other cases it must be pronounced by law. 
 
 5. The inhabitants of a commune which has been annexed to another 
 commune preserve the exclusive right to all property of which the 
 product is pergus en nature. 
 
 Edifices, and other real estate used in the public service, will become 
 the property of the commune to which the annexation is made. 
 
 6. The section of a commune formed into a separate commune, or 
 annexed to another commune, will take with it all the goods and chat- 
 tels which were its exclusive property. 
 
236 
 
 APPENDIX. 
 
 Edifices, and other real estate used in the pubhc service, and situated 
 within the commiinal territory, becomes the property of the new com- 
 mune, or of the commune to which the annexation has been made. 
 
 7. The other conditions of union, and division of communes, will be 
 determined by the particular act by which the union or division is de- 
 creed. When the union or division is pronounced by a law, these con- 
 ditions, except in all cases involving questions of property, may be 
 fixed by an ulterior royal ordinance. 
 
 8. In all cases of the imion or division of communes, the existing 
 municipal councils, shall be dissolved, and the election of new councils 
 be proceeded with immediately. 
 
 CHAPTER II. 
 
 Ftjnctions of Mayors and Municipal Councillors. 
 
 I. — Functions of Mayors. 
 
 9. The mayor is charged, under the authority of the superior ad- 
 ministration : 
 
 1. With the publication and execution of laws and regulations ; 
 
 2. With the special functions attributed to him by the laws ; 
 
 3. With the execution of measures of general surety. 
 
 10. The mayor is charged, under the supervision of the superior ad- 
 ministration: 
 
 1. With the municipal police, the rural police,, the police of the mu- 
 nicipal voirie, and with seeing to the execution of all acts relative 
 thereto, emanating firom the superior authority ; 
 
 2. With the care and administration of the property of the commune ; 
 and, consequently, with whatever is necessary for its preservation and 
 protection ; 
 
 3. With the management of the local revenues, the supervision of 
 communal estabhshments, and with the communal accounts ; 
 
 4. With the proposition of the budget, and ordonnancement of the ex- 
 penses ; 
 
 5. With the direction of the communal works ; 
 
 6. With signing contracts, giving and adjudication of communal 
 works, according to the forms established by rfie laws and regula,tions ; 
 
 7. With signing, according to the established forms, of all documents 
 relating to sales, exchanges, divisions, acceptation of gifts and legacies, 
 acquisitions, compromises, &c., when these acts have been authorized 
 conformably to the present law ; 
 
 8. With representing the commune before the courts, whether as 
 accuser or defendant. 
 
 11. The mayor issues decrees : 
 
 1. Ordaining local measures relative to questions confided by law to 
 his vigilance and authority ; 
 
 2. Republishing police laws . and regulations, and enjoining upon 
 citizens to observe them. 
 
APPENDIX- 
 
 237 
 
 The decrees issued by the mayor are addressed immediately to the 
 sub-prefect. The prefect can annul them, or suspend their execution. 
 
 Decrees establishing permanent regulations cannot be put in force 
 till a month after a copy has been sent to, and its acceptance acknow- 
 ledged by the sub-prefect. 
 
 12. The mayor appoints to all communal places not otherwise pro- 
 vided for by the law, and suspends or revokes the tkidaires of each 
 place. 
 
 13. The mayor appoints the rural police, {gardes champetres,) subject to 
 the approval of the municipal council. The members of this police 
 must be accepted and commissioned by the sub-prefect ; they may be 
 suspended by the mayor, but can be dismissed only by the prefect. 
 
 The mayor also appoints the communal herdsmen, with the appro- 
 bation of the municipal council ; and can decide on their dismissal. 
 
 14. The mayor is charged, exclusively, with matters of administra- 
 tion ; but he can delegate' a part of his functions to one or several of 
 his adfoints, and in the absence of adjoints, to those members of the 
 municipal councU who are called to perform such fiinctions. 
 
 15. In case the mayor should refuse or neglect to perform any of the 
 acts prescribed by law, the prefect, after having called upon him to 
 perform them, may proceed to their performance himself, either per^ 
 sonaUy, or by a delegate. 
 
 16. When the mayor proceeds with an adjudication, on the account of 
 the commune, he is assisted by two members of the municipal council, 
 designated in advance, by the council ; or, in default of such designa- 
 tion, appointed in the order of the table. 
 
 The municipal receiver is present at all adjudications. 
 
 AH the difficulties which may arise concerning the preparatory ope- 
 rations of adjudication are decided, in session, by the mayor and two 
 assistant councillors, and by a majority vote, always excepting the right 
 of appeal to the law. 
 
 II. 
 Functions of Municipal Councils. 
 
 17. The municipal councils regulate, by their deliberations, the fol- 
 lowing subjects ' 
 
 1. The mode of administration of the communal property ; 
 
 2. The conditions of bails d ferine or a layer, of which the duration 
 does not exceed eighteen years for rural property, and nine years for 
 other property ; 
 
 3. The mode of jouissance, and the repartition of communal products 
 and pasturage, with the exception of wood ; also the conditions to be 
 fulfilled by the purchasing parties ; 
 
 4. The rights of wood-cutting in the forest, conformably to the laws. 
 
 18. The record of all deliberations on any of the subjects mentioned 
 in the preceeding article is immediately addressed by the mayor to the 
 5ub-prefect, who gives, or orders to be given, a receipt. 
 
238 APPENDIX. 
 
 The deliberation is executory, if within thirty days following the date 
 of the receipt th# prefect has not annulled it, whether by virtue of his 
 office, on account of the violation of a legal enactment, or of a rule of 
 the public administration, or whether on account of the reclamations of 
 an interested party. 
 
 The prefect may also suspend the execution of the deliberation for 
 another period of thirty days. 
 
 19. The municipal council deliberates on the following subjects : 
 
 1. The budget of the commune, and, in general, all receipts, and ex- 
 penses, ordinary or extraordinary. 
 
 2. The tariffs and regulations for the collection of all communal 
 revenues. 
 
 3. Acquisitions, alienations, and exchanges of communal properties ; 
 their appropriation to different public services ; and, in general, what- 
 ever concerns their preservation and amelioration. 
 
 4. The dUimitatign, or the division of undivided lands between two 
 or several communes, or sections of communes. 
 
 5. The conditions of bails d ferme or a layer, of which the duration 
 exceeds eighteen years for rural property, and nine years for other pro- 
 perty ; as also the bail of property hired by the commune, for whatever 
 period. , 
 
 6. Projects of constructions, of extensive repairs and demolitions ; 
 and, in general, all works to be undertaken. 
 
 7. Opening of public streets and squares, and projects for the aligne- 
 ment of municipal roads. 
 
 8. Le parcours and h, vainepdture. 
 
 9. Acceptance of gifts and legacies made to the commune, and to 
 communal establishments. 
 
 10. Judiciary cases and compromises, and all other objects upon 
 which the municipal councils are called upon by the laws and regula- 
 tions to deliberate. 
 
 20. A record of the deliberations of the municipal councils, on the 
 subjects mentioned in the preceding article, is addressed to the sub- 
 prefect. , 
 
 These deliberations are executory, on the approbation of the prefect; 
 excepting in the cases where the approbation of the competent minister, 
 or of a royal ordinance, is prescribed by the regulations of the public 
 administration. 
 
 21. The, municipal council is always called to give its opinion on the 
 following subjects : 
 
 1. The circumsmptipns relative to worship. 
 
 2. The circumscriptions relative to the distribution of public assist- 
 ance. 
 
 3. Projects of alignement of the principal roads in the interior of cities, 
 bourgs, and villages. , , 
 
 4. Acceptance of donations and legacies, made to charitable and be- 
 nevolent establishments. 
 
 5. Authorizations to borrow, to acquire, to exchange, to plead, and to 
 compromise, applied for by the same establishments, and by churches 
 and other administrations of worship, of which the members are salaried, 
 by the State. 
 
APPENDIX. 239 
 
 6. Budgets and accounts of charitable and benevolent establishments. 
 
 7. Budgets and accounts of churches and other religious administra- 
 tions, whose ministers are paid by the State, when they receive assis- 
 tance from the communal funds. 
 
 8. Finally, all subjects upon which the municipal councils are called 
 upon by the laws and regulations to give their opinion. 
 
 22. The municipal council reclaims, if there is occasion, against the 
 contingent assigned to the commune in the establishment of the impots 
 de repartition. 
 
 23. The municipal council deliberates on the annual accounts pre- 
 sented by the mayor. 
 
 It hears, discusses, and decides on the cash accounts of the receiversj 
 except for the final regulation, conformably to article 66 of the present 
 law. 
 
 24. The municipal council can express its desires on all subjects of 
 local interest ; it can neither make nor publish any protest, proclama- 
 tion, or address. 
 
 25. In the sessions where the accounts of the, administration of the 
 mayor are considered, the municipal council designs, by ballot, those of 
 its members who shall exercise the presidency. 
 
 The mayor may assist at the deliberation ; but he should retire when 
 the council is about to vote. The president will address the record of 
 the deliberation directly to the sub-prefect. 
 
 26. When, after two successive convocations made by the mayor, 
 at intervals of eight days, and duly consiatees, the members of the 
 municipal council do not assemble in sufficient numbers, the delibera- 
 tion of the members after the third convocation is valid, whatever may 
 be the number present. 
 
 27. The deliberations of the municipal councils are decided by a 
 majority of votes ; the president has a casting vote. 
 
 28. The deliberations must be recorded, in the order of their date, in 
 a register marked and numbered with the initials of the sub-prefect ; they 
 must also be signed by aU the members present at the sitting; or men- 
 tion must be made of the causes which prevented them from signingi , 
 
 29. The sittings of the municipal councils are not public; their dis- 
 cussions can be officially published only,, with the approbation of the 
 superior authority. 
 
 When the members require it, the ballot is secret. 
 
 III. 
 
 Expenses and Receipts, and Budgets of the Communes. 
 
 30. The expenses of the communes are obligatory and voluntary. 
 The following are obligatory : 
 
 1. The maintenance, if there is occasion, of the hotel de ville, or the 
 local appropriated to the mayoralty. 
 
 2. Bureau expenses, 'and printing for the service of the commune. 
 
 3. Subscription to the Bulletin des his. 
 
 4. The expenses of the census. 
 
240 APPENDIX. 
 
 5. The expenses of the registers of the elat civil, and the portion of 
 the decennial tables made at the expense of the communes. 
 
 6. The salary of the municipal receiver, of the coUector-in-chief of 
 the octroi, and the expenses of collection. 
 
 7. The salary of the gardes des hois of the commune, and of the 
 gardes champetres. 
 
 8. The salary and bureau expenses of commissaries of poHce, such 
 as they are determined by the laws. 
 
 9. The pensions of municipal employes, and of commissaries of police, 
 regularly liquidated and approved. 
 
 10. Rent and reparation of the local of the justice of the peace; also 
 the purchase and maintenance of its furniture in the chief communes of 
 the canton. 
 
 11. Expenses of the national guard, such as they are determined by 
 the laws. 
 
 12. Expenses relative to, public instruction, conformably to the laws. 
 
 13. Indemnity for lodging to curates and desservants, and other minis- 
 ters of worship salaried by the State, where there is no particular 
 building appropriated to their use. 
 
 14. Assistance to the fabrique of churches and other administrations 
 of worship, whose ministers are salaried by the State, in case of the 
 insufficiency of their revenues, justified by their accounts and budgets. 
 
 15. The contingent assigned to the commune, conformably to the 
 laws, in the expenses incidental to foundlings and abandoned children. 
 
 16. The principal repairs of the communal edifices, excepting the 
 execution of special laws concerning military buildings, and edifices 
 consecrated to worship. 
 
 1 7. Enclosing cemeteries, maintaining them, and removing them in 
 cases determined by the laws and regulations of the public administra- 
 tion. 
 
 18. Expenses of plans of alignement. 
 
 19. Charges and expenses of the councils of prud'hommes for the 
 communes where they sit ; the petty expenses of consultative chambers 
 of arts and manufactures for the communes where they exist. 
 
 20. Taxes established by law on the communal property and 
 revenues. 
 
 21. The payment of outstanding debts ; and generally all other ex- 
 penses incurred at the charge of the communes, according to law. 
 
 All other expenses, except those above named, are voluntary. 
 
 31. The receipts of the communes are ordinary and extraordinary. 
 
 The ordinary receipts are as follows : 
 
 1. Revenues of all property of which the inhabitants have not the 
 jouissance en nature. 
 
 2. Annual taxes on les ayants droit aux fruits qui se pergoivant en nature. 
 
 3. Product of the centimes ordinaires appropriated to the communes 
 by the financial law. 
 
 4. Product of the proportion of the license tax accorded to communes. 
 
 5. Product of the municipal octrois. 
 
 6. Product of the charges for stalls, &c., in the markets, fairs, abat- 
 toirs, Sec, according to the duly authorized tariffs. 
 
APPENDIX. 241 
 
 7. Product of the charges for stations and locations in the public 
 streets, on rivers, and in other public places. 
 
 8. Product of toll-houses, weighing, measuring, and guaging charges, 
 road charges, &c., &c., duly authorized by law. 
 
 9. Price of leases and grants in the cemeteries. 
 
 10. Product of the water tax, water privileges, filth, &c., removed 
 from the streets, and other grants authorized for the communal service. 
 
 11. Product of fees for copying administrative acts, and acts of the 
 itat cml. 
 
 12. The proportion accorded by law of the fines imposed by the tri- 
 bunals of simple police, the correctional police, and by the councils of 
 discipline of the national guard, and generally the product of aU taxes 
 of the town and of the police, the collection of which is. authorized by 
 the law. 
 
 32. The extraordinary receipts are as follows : 
 
 1. Extraordinary taxes duly authorized by law ; 
 
 2. Product of alienated property ; 
 
 3. Donations and legacies ; 
 
 4. Remboursement de capitaux exigibles, and of rentes rachetees; 
 
 5. Product of extra cuts of woods in the forests ; 
 
 6. Product of loans and all other accidental receipts. % 
 
 33. The budget of each commune, prepared by the mayor and voted 
 by the municipal council, is definitely regulated by a decree of the 
 preifeet. 
 
 At the same time the budget of towns or cities of which the revenue 
 is 10%000 francs and upwards is regulated by an ordinance of the 
 king. 
 
 The revenue of a commune is estimated to be 100,000 francs when 
 the ordinary receipts estabHshed by the accounts amount to this sum 
 during the last three years. 
 
 It is estimated to be less than 100,000 firancs only when during the 
 last three years the receipts, as shown by the accounts, are less than 
 that sum. 
 
 34. The loans which may be considered as necessary, according to 
 the regulation of the budget, are dehberated conformably to the pre- 
 ceding articles, and authorized by the prefect in the communes where 
 he is called to regulate the budget, and in the other communes by the 
 competent minister. 
 
 At the same time, in these last named communes, supplementary 
 loans for urgent expenses may be approved by the prefect. 
 
 35. In the case when for any cause the budget of the commune shall 
 not have been approved before the commencement of the fiscal year, 
 the ordinary receipts and expenses will go on, as during the previous 
 year, till the budget has been duly approved. 
 
 36. The expenses proposed in the budget of a commune may be 
 rejected or reduced by an ordinance of the king, or by a decree of the 
 prefect who regulates the budget. 
 
 37. The municipal councils can add a new credit to the budget for 
 unforeseen expenses. 
 
 The sum inscribed for this credit can only be reduced or rejected in 
 proportion as the ordinary revenues, after having satisfied all obligatory 
 16 
 
242 APPENDIX. 
 
 demands, are found insuflBcient, or in proportion as they exceed the 
 tenth part of the ordinary receipts. 
 
 The credit for unforeseen expenses shall be employed by the mayor, 
 ■with the approbation of the prefect and of the sub-prefect. 
 
 In the communes, other than the chief commune of the department 
 or of the arrondissement, the mayor may employ the amount of this 
 credit for urgent expenses without previous approbation, on condition of 
 immediately informing the sub-prefect, and rendering an account of the 
 same to the municipal council at its first session after the money 'has 
 'been so employed. 
 
 38. The proposed expenses of the budget cannot be augmented ; and 
 no new expenses can be introduced by decree of the prefect or by ordi- 
 nance of the king only in the case of their being obligatory. 
 
 39. If a municipal council refuses to allow the funds for any obliga- 
 tory expense, or allows only an insufficient sum, the necessary amount 
 may be inscribed on the budget by an ordinance of the king, where the 
 revenue of the commune is 100,000 francs or over, and in crther cases 
 by a decree of the prefect in council of prefecture. 
 
 In all cases the municipal council shall first be called on to deliberate 
 on the question. 
 
 If ib concerns an annual and variable expense, it shall be inscribed 
 according to the average for the three preceding years. If it concerns 
 an annual and fixed expense, or an extra expense, it shall beinscribed 
 for the actual amount. 
 
 If the resources of a commune are insufficient to provide for, the 
 obBgatory expenses inscribed by virtue of this article, they shaillnfee pro- 
 vided for by the municipal council; or, in case of the refusal of the 
 municipal council, by means of an extraordinary tax, established by an 
 .ordinaiice of the king, within the limits of the maximum which shall be 
 annually fixed by the law of finance ; or, if the tax should exceed this 
 maximum, by a special law. 
 
 40. The deliberations of the municipal council concerning an extra- 
 ordinary tax, destined to provide for obligatory expenses, shall only be 
 executory by virtue of a decree of the prefect, when it concerns a com- 
 mune having less than 100,000 francs of revenue, and by an ordinance 
 of the king in all other cases. 
 
 In the case where the extraordinary tax is for providing for any other 
 than obligatory expenses, it can only be authorized by an ordinance of 
 the king, when it concerns a commune having less than 100,000 francs 
 of revenue, and by a law in all other eases. 
 
 41 . No loan can be authorized except by ordinance of the king, issued 
 according to the forms provided by the regulations of the public admin- 
 istration, where the communes have less than 100,000 francs of revenue, 
 and by a law in all other cases. 
 
 Nevertheless, in case of urgency, and in the interval of the sessions, 
 an ordinance of the king, issued in the form provided by the regulations 
 of the public administration, may authorize the communes whose reve- 
 nue is 100,000 francs and upwards to contract a loan equal to one-fourth 
 of their revenue. 
 
 42. In the communes whose revenues are less than 100,000 francs, 
 whenever an extraordinary tax or a loan is proposed, the principal tax- 
 
APPENDIX. 243 
 
 payers on the communal roles shall be called upon to deliberate with 
 the municipal council in number equal to those of the acting members of 
 the council. 
 
 These principal tax-payers shall be convoked individually by the 
 mayor at least ten days before the meeting. In case of their absence, 
 they may be replaced by the next largest tax-payers on the rdle. 
 
 43. The tariff of road charges shall be regulated by an ordinance of 
 the king, issued in the form provided by the regulation of the pubhc 
 administration. 
 
 44. The private taxes due by the inhabitants, or by proprietors in 
 virtue of the laws and of legal usages, are apportioned by the delibera- 
 tion of the municipal council, approved by the prefect. 
 
 These taxes are collected according to the forms established for the 
 recovery of public taxes. 
 
 45. No new construction nor partial or entire reconstruction can be 
 authorized except upon the presentation of projects and estimates. 
 
 These projects and estimates must be submitted to the previous ap- 
 probation of the competent minister, when the expense exceeds 30,000 
 francs, and in other cases to that of the prefect. 
 
 IV. 
 
 Purchases, Alienations, Leases, Donations, and Legacies. 
 
 46. The dehberation of municipal councils, with a view to the pur- 
 chase, sale, or exchange of real estate and the division of undivided 
 property, are executory on a decree of the prefect, in council of prefec- 
 ture, when it concerns a value not exceeding 3,000 francs for the com- 
 munes whose revenue is less than 100,000 francs, and 20,000 francs for 
 the other communes. If it concerns a larger amount it is decided by 
 an ordinance of the king. 
 
 The sale of personal estate and of the real estate of the communes 
 not used in the public service may be authorized on the demand of a 
 creditor, porteur de litres executoires, by an ordinance of the king, which 
 will determine the form of sale. 
 
 47. The deliberations of the municipal councils in regard to leases 
 for a period exceeding eighteen years are only executory by virtue of a 
 royal ordinance. 
 
 Whatever be the duration of the lease, the act passed by the mayor 
 is not executory till after the application of the prefect. 
 
 48. Deliberations respecting the acceptance of donations and legacies 
 of personal estate or of money made to the commune or to communal 
 establishments axe executory only by virtue of a decree of the prefect, 
 when their value is less than 3,000 francs, and by an ordinance of the 
 king when their value exceeds this amount, or when objection is made 
 by persons claiming to be heirs to the estate. 
 
 Deliberations resulting in refusal of donations or legacies, and aU 
 those which relate to the gift or bequest of real estate, are only exe- 
 cutory by virtue of an ordinance of the king. 
 
 The mayor may always accept donations and legacies in trust, by 
 virtue of the deliberation of the municipal council. The ordinance of 
 
244 APPENDIX. 
 
 the king, or the decree of the prefect which follows, takes effect from 
 the day of such acceptance. 
 
 V. 
 
 Judiciary actions and compromises. 
 
 49. No commune, nor section of a commune, can introduce any mat- 
 ter before a court of justice, without the authorization of the council of 
 the prefecture. 
 
 After the rendering of any judgment the commune has no power of 
 appeal, except by virtue of a new authorization of the council of the 
 prefecture. 
 
 Nevertheless, any tax-payer inscribed on the tax role has the right to 
 institute, at his own charge and risk, with the authorization of the coun- 
 cil of the prefecture, actions which he believes to belong to the com- 
 mune or section, and which the commune or section, previously called 
 upon to deliberate upon the subject, shall have refused or neglected to 
 institute. 
 
 The commune or section shall be mise en cause, and the legal decision 
 shall have effect in regard to it. 
 
 50. The commune, section of commune, or tax-payer, to whom au- 
 thorization has been refused, may appeal to the king, in council of state. 
 The appeal shall be introduced and judged in administrative form. It 
 must be made, under a penalty of decheance, within a delay of three 
 months from the date of the notification of the decree of the council of 
 prefecture. 
 
 51. Whoever intends to institute an action against a commune, or a 
 section of a commune, is bound first to present a memorial to the.pre- 
 fect, setting forth the motives of the proposed suit ; for which memorial 
 an acknowledgment must be given. 
 
 The prefect will transmit the memorial to the mayor, with authori- 
 zation to convoke the municipal council immediately, to deliberate 
 upon it. 
 
 52. The deliberation of the municipal council must, in all cases, be 
 transmitted to the council of the prefecture, who will decide if the com- 
 mune should be authorized to appear in court. 
 
 The decision of the council of prefecture should be given within a 
 delay of two months from the date of the acknowledgment mentioned 
 in the preceding article. 
 
 53. Every decision of the council of prefecture refusing authorization 
 should be accompanied by a statement of reasons. 
 
 In case of refusal of authorization, the mayor, by virtue of a dehber- 
 ation of ,the municipal council, may appeal to the king in council of 
 state, conformably to article 50. 
 
 A decision on the appeal should be pronounced within a delay of 
 two months from the day of its registration at the secretariat general of 
 the council of state. 
 
 54. No action can be instituted till after the decision of the council of 
 the prefecture ; or, in default of a decision within the delay fixed by 
 article 52, till after the expiration of that delay. 
 
APPENDIX. 
 
 245 
 
 In case of appeal from the decision of the council of prefecture, the 
 instance shall be suspended until a decision has been pronounced upon 
 the appeal ; and in default of a decision within the delay fixed by the 
 preceding article, until the expiration of that delay. 
 
 In no case can a commune appear as the defendant of an action, 
 ■without being expressly authorized. 
 
 55. At the same time, the mayor, without previous authorization, can 
 institute any possessory action, or defend against one, and perform any 
 other acts conservatoires ou interruptifs des decheances. 
 
 56. When a section of a commune has occasion to institute or sus- 
 tain a suit against the commune itself, there is constituted, for this sec- 
 tion, a syndical committee of three or five members, whom the prefect 
 chooses among the municipal electors, or, in default of these, among 
 the principal tax-payers. The members of the municipal corps, who 
 are interested in the property, or the claim which gives rise to prosecu- 
 tion, by the section, should not participate in the deliberations of the 
 council on the subject. In all such deliberations, they should be re- 
 placed by an equal number of municipal electors in the commune; or, 
 in default of these, among the inhabitants or proprietors not belonging 
 to the section, and chosen by the prefect. 
 
 The suit is followed up by the member designed for this purpose by 
 the syndical commission. 
 
 57. When a section has occasion to institute a suit, or to sustain a 
 suit, against another section of the same commune, there should be 
 formed for each section interested, a syndical committee conformably 
 to the preceding article. 
 
 58. The section which shall have gained its case against a commune, 
 or against another section, will not be liable for the charges or taxes 
 imposed for the payment of the costs and damages, which result from 
 the process. 
 
 This also applies to any party which pleads against either a com- 
 mune or a section of a commune. 
 
 59. No compromise consented to by a municipal council can be exe- 
 cuted till after the homologation by royal ordinance, when it concerns 
 real estate, or personal estate of a value exceeding 3,000 francs ; or till 
 after a decree of the prefect in council of prefecture, in all other cases. 
 
 VI. 
 
 Communal accounts. 
 
 60. The accounts of the mayor, for the end of the year, {exercise clos,) 
 are presented to the municipal council before the deliberation on the 
 budget. They are finally approved by the prefects, where the revenue 
 of the commune is less than 100,000 francs, and in all other cases by 
 the competent minister. 
 
 61. The mayor only can give cheques. If he refuses to allow an 
 expenditure regularly authorized, it shall be decided upon by the pre- 
 fect in council of prefecture, the decree of the prefect in that case taking 
 place of an order or checque from the mayor. 
 
 62. The communal receipts and expenditures shall be effected by an 
 
246 APPENDIX. 
 
 accountant, charged exclusively, and on his own responsibility, with 
 attending to the receipt of all the revenues of the commune, and all 
 sums due to the commuue, as also with the payment of all expenses 
 approved by the mayor, within the limits of the amount regularly 
 granted. 
 
 All the tax rdles, and the lists of apportionment, and of local payments 
 in kind, should be given to this accountant. 
 
 63. AH municipal receipts for which the laws and regulations have 
 not provided a special mode of recovery, are effected according to state- 
 ments prepared by the mayor. These statements are only valid after 
 having been vises by the sub-prefect. 
 
 Opposition to payment of communal dues, when the matter is withia 
 the competence of the ordinary tribunals, are decided on as summary 
 affairs, and the commune can defend, in such cases, without authoriza- 
 tion of the council of the prefecture. 
 
 64. Any person, except the municipal receiver, who, without legal' 
 authorization, shall interfere in the handling of the money of the com- 
 mune, shall, by that one fact, be made accountable ; he may also be 
 prosecuted, in virtue of article 258 of the penal code, for having ille- 
 gally assumed legal functions. 
 
 65. The collector fulfils the functions of municipal receiver. 
 Nevertheless, in the communes whose revenues exceed 30,000 francs, 
 
 these functions are confided, if the municipal council asks it, to a special 
 municipal receiver. This latter is appointed by the king, from three 
 candidates presented by the municipal council. 
 
 The provisions of the first of the above paragraphs are applicable to 
 communes having at the time a municipal receiver only, on the appli- 
 cation council, or in case of absence. 
 
 66. The accounts of the municipal receiver are finally audited by 
 the council of the prefecture, when the revenue of the commune is less 
 than 30,000 francs, subject, however, to appeal to the court of accounts, 
 and in all other cases by the said court of accounts. 
 
 The above mentioned provisions concerning the jurisdiction of the 
 councils of prefecture and of the court of accounts, in the matter of the 
 accounts of municipal receivers, are also applicable to the accounts of 
 the treasurers of hospitals and other benevolent establishments. 
 
 67. The responsibility of municipal receivers, and the forms in which 
 the accounts of the communes are to be kept, will be determined by 
 the regulations of the public administration. 
 
 The municipal receivers, in the execution of these regulations, are 
 subject to the supervision of the receivers of finances. 
 
 In the communes where the functions of municipal receiver and col- 
 lector are united, the management of the accounts is placed under the 
 responsibility of the receiver of finances of the arrondissement. 
 
 68; The accountants who have not presented their accounts within 
 the delay prescribed by the reflations, may be condemned by the 
 authority charged to judge them, to a fine of from 10 to 100 francs, for 
 each month of delay, for the receivers and treasurers responsible to the 
 councils of the prefecture ; and from 50 to 500 francs, for each month 
 of delay, for those who are responsible before the court of accounts. 
 
APPENDIX. 247 
 
 These fines shall go to the benefit of the communes and establish t 
 ments whose accounts have been delayed. 
 
 The amounts shall be placed to the debt of the accountants, and 
 their recovery may be prosecuted by arrest, conformably to articles 
 eight and nine of the law of April 17, 1832. 
 
 69. The budgets and accounts of communes remain deposited at the 
 mayoralty, where any person on the tax role of the commune has a 
 right to examine them. ^ 
 
 They are made public, by being printed, in the communes whose 
 revenue i^ 100,000 francs, or more ; and also in other cases, where 
 the municipal councU votes the expense of the printing. 
 
 VII. 
 
 Interests which concern several communes. 
 
 70. When several communes possess undivided property, or claims 
 in common, an ordinance of the king will substitute, if one of the com- 
 munes require it, a syndical committee composed of delegates from 
 the municipal councils of the interested communes. 
 
 Each one of the councils shall elect firom its own body, by secret 
 ballot, and by a majority of votes, the number of delegates which shall 
 have been determined by the royal ordnance. 
 
 The syndical committee shall be renewed every three years, ac- 
 cording to the partial renewal of the municipal councils. 
 
 The decisions of the committee shall only be executory after the 
 approbation of the prefect, and will also be subjected to all the, rules 
 established by deliberation of the municipal councils. 
 
 71. The S3mdical committee shall be presided over by a syndic who 
 shall be nominated by the prefect, and chosen among its own mem- 
 bers. 
 
 The functions of the syndical committee and of the syndic, so far as 
 concerns undivided property, will be the same as those of municipal 
 councils and of mayors, in the administration of communal property. 
 
 72. When the same works interest several communes, the municipal 
 councils will be specially called on to deliberate on their respective 
 interests, and on the proportion of the expense which each commune 
 should bear. 
 
 These deliberations will be submitted to the approbation of the pre- 
 fect. 
 
 In case of disaccord among the municipal councillors, the matter wiU 
 be decided by the prefect, after having heard the councils of arrondisse- 
 ments and the council general. If the municipal councils belong to 
 different departments, the matter will be decided by a royal ordinance. 
 
 The proportion of the expenditure finally assigned to each commune 
 shall be placed in the respective budgets, conformably to article thirty- 
 one of the present law. 
 
 72. In case of urgency, a decree of the prefect will suffice for order- 
 ing the execution of the works, and wiU provide for the expenses by a 
 provisional rdle. 
 
 The apportionment of the expenditure shall be arranged afterwards, 
 in the form determined by the preceding article. 
 
248 APPKNDIX. 
 
 VIII. 
 
 Special ^provision. 
 
 74. The municipal administration of the city of Paris shall be regu- 
 lated by a special law. 
 
 The present law discussed, deliberated, and adopted by the chamber 
 of peers, and by the chamber of deputies, and sanctioned by us this 
 day, shall be executed as the law of the State. 
 
 (6.) 
 
 Public and Ministerial Officers, &c. 
 
 Justices of the Peace of the Empire. 
 
 The justices of the peace are not irremovable. To be justice of the 
 peace it is necessary to be thirty years of age. Every justice of the 
 peace is assisted by a clerk {greffier) who should be at least twenty- 
 five years old. The functions of judges of the peace include both civil 
 and criminal affairs; in civil matters, they are : 1st. Judges in certain 
 cases ; 2d. Conciliators, and charged with proceeding or assisting in 
 various acts of jurisdiction, non-contentieuse. In criminal matters, they 
 compose the tribunals of simple police, and are officers of the judiciary 
 police. 
 
 In civil matters, the justice of the peace alone takes cognizance, 
 throughout the extent of his canton, of cases purely personal and mohil- 
 ieres, without appeal, involving value of 15U francs ; and subject to 
 appeal, whatever the amount at issue, viz : 
 
 1st. Actions for damages committed, whether by men, or animals, to 
 the fields, to fruits, to harvests, &c.; 
 
 2d. Displacement of boundary marks ; usurpations in regard to lands, 
 trees, hedges, ditches, and other enclosures, committed in the course of 
 the year ; interference with enterprises relative to streams of water 
 serving for the irrigation of fields, taking place in the course of the year, 
 and all other actions possessoires ; 
 
 3d. Reparations locatives of houses and farms ; 
 
 4th. Indemnities claimed by the farmer or tenant on account of non- 
 jouissance, when the right to indemnity is not contested ; defacements 
 alleged by proprietors ; 
 
 5th. Payment of wages to laborers and domestics, and fulfilment, 
 respectively, of engagements between domestics and laborers and their . 
 employers ; 
 
 6th. Civil actions for slander or defamation ; disturbances and assault 
 and battery ; 
 
 7th. Prosecutions for violation of patent rights ; 
 
 8th. Contravention of custom-house laws, when they do not give 
 rise to civil reparations. 
 
 In the cases provided for, and with the exceptions determined by the 
 law, and particularly by articles forty-eight and forty-nine of the Code 
 
APPENDIX. 249 
 
 of Civil Procedure, matters not within the jurisdiction of the justices of 
 the peace nor of the tribunals of commerce, are taken before the former 
 to be amicably settled, when that is possible. 
 
 In matters of nmi-contentieme the functions of justices of the peace are 
 very varied. They are chai-ged especially with the convocation {tenue) 
 and presidency of conseils defamille; with affixing and removing seals 
 after a deceascj or in cases of failure ; with preparing, in a large num- 
 ber of cases, notarial acts, actes d^ adoption and of tiUeUe officieuse, Sfc. 
 
 In criminal matters the justices of the peace take cognizance : 
 
 1st. Of police contraventions committed throughout the extent of the 
 chef lieu of the canton ; 
 
 2d. With contraventions committed in other communes in the 
 canton, when, unless the guilty parlies ai-e taken in flagrant delit, the 
 contraventions have been committed by persons not domiciliated, or not 
 present in the commune ; or when the witnesses who are to testify in 
 the case are not resident or present ; 
 
 3d. With contraventions in the case where the injured party claims 
 for damages a sum not fixed, or a sum exceeding fifteen francs ; 
 
 4th. With contraventions against the forest laws, when the offence is 
 prosecuted by private individuals ; 
 
 5th. With defamations or slander ; 
 
 6th. With the prosecution of persons who exercise the trade of prog- 
 nosticators, or fortune tellers, or dream interpreters. 
 
 The justices of the peace take cognizance also, in co-operation with 
 the mayors, of all other contraventions committed in their arrondisse- 
 ment. 
 
 Police contraventions consist in offences which the penal code, or 
 special laws, punish with a fine of fifteen francs and less ; or with im- 
 prisonment of five days or less 
 
 Notaries. 
 
 The number of notaries is fixed by the government. In all cities of 
 100,000 inhabitants and more, there should be, at most, one notary to 
 600 inhabitants ; and in all other cities, boroughs, and villages, there 
 should be at least two notaries, and at most five, for each arondisse- 
 ment de justice de paix. No suppressions or reductions of the notarial 
 office can take place except by death, dismissal, or resignation. The 
 notaries are obhged to give bail or caution money, the amount of which 
 is fixed by the law, and which is specially intended as a guarantee in 
 case of condemnations pronounced against them in the exercise of their 
 functions. They are authorized to nominate their successors, for ac- 
 ceptance by the emperor. 
 
 Notaries are divided into three classes ; those of the first class are 
 in the cities where there is an imperial court ; they can exercise their 
 functions, in concurrence with other notaries, throughout the jurisdic- 
 tion of the court. 
 
 Those of the second class are located in cities where there is a tri- 
 bunal of the first instance ; they exercise their functions throughout the 
 jurisdiction of that tribunal. 
 
 Those of the third class are located in the communes where there is 
 
250 
 
 APPENDIX. 
 
 neither an imperial court nor a tribunal of the first instance ; they can 
 only exercise their functions within the limits of the canton wliere they 
 reside. 
 
 Notaries are appointed for life ; they can only be suspended on dis- 
 missal, after judgments rendered by the competent tribunals, founded 
 on grave charges. 
 
 In order to be admitted to the exercise of notarial functions, the ne- 
 cessary qualifications are : 
 
 1st. To be in the enjoyment of all the rights of citizenship ; 
 
 2d. To have complied with the laws on recruitment ; 
 
 3d. To be twenty-five years of age ; 
 
 4th. To have studied for a greater or lesser period, according to the 
 class ; 
 
 5th. To possess a certificate of morality and capacity, delivered by 
 the chamber of discipline within the jurisdiction where he proposes to 
 establish himself. 
 
 The notaries are appointed by the emperor, and receive a commis- 
 sion from him, which specifies the place of residence. They must be 
 sworn into office before the tribunal of the first instance within two 
 months after their appointment. 
 
 Their functions are as follows : To receive all actes and contracts'; to 
 authenticate thereon ; to assure their date ; to preserve a depot of them ; 
 to deliver engrossments and copies. A notary cannot by himself give 
 an authentic character to the documents which he receives, but must 
 be assisted in that regard by a second notary, or by two witnesses. 
 
 There is instituted in connexion with the tribunal of the first instance, 
 and for the whole jurisdiction, a chamber of discipline, the members of 
 which are chosen by the assembly general of notaries. At Paris this 
 chamber consists of nineteen members ; where the notaries of a juris- 
 diction are fifty or less in number the chamber consists of nine members. 
 
 The members of this chamber choose from among themselves a pre- 
 sident, a syndic, a reporter, a secretary, and a treasurer. 
 
 The chambers pronounce the following disciplinary penalties : Call 
 to order and censure ; deprivation of a deliberative voice ; and inter- 
 diction of admission to the chamber and to the assembly general. There 
 is a common purse for the expenses of the chamber. The assembly 
 general meets twice a year ; all the notaries are invited to be present. 
 
 Attorneys at Law, {avoues.) 
 
 The functions of attorneys (avoues) to the imperial courts and to the 
 tribunals of the first instance are the same. Attorneys (avoues) have 
 the exclusive right to ofiiciate in cases brought before the courts and 
 tribunals. 
 
 No one can be appointed to the function of attorney at law under 
 twenty-five years of age, and without having obtained a certificate of 
 capacity from a faculty of law. 
 
 At Paris the chamber requires that the candidate be licensiS ; and, to 
 practice before an imperial court, that he shall have served five years 
 as an attorney's clerk. 
 
 The attorni^s at law are appointed by the emperor, on the nomina- 
 
APPENDIX. 251 
 
 tion of the court or tribunal before which the candidate proposes to 
 practice ; they must have their domicile in the city, or seat of said 
 court or tribunal. 
 
 Before entering upon their functions they must take the oath. They 
 have the right to plead in all cases where they are engaged if they have 
 obtained the grade of licensie en droit before the decree of July 2, 1812. 
 Attorneys at law, not licensies, or who have not been licensies since the 
 decree just mentioned, can only plead before the tribunals where the 
 number of attorneys at law inscribed on the hsts practicing or residing 
 in the chief place of the commune shall be judged insufficient for the 
 management of the business. 
 
 Attorneys at law can plead on demandes incidentes and on all the 
 incidentes relative to the procedure in the causes which they undertake ; 
 they can plead in all summary cases, or before the tribunals of first 
 instance, sitting in the chefs lievx of the imperial courts, the courts of 
 assize, and bf the departments. 
 
 Attorneys at law are subject for their police and discipline to a cham- 
 ber instituted in connexion with each court and each tribunal. 
 
 The composition and the functions of these chambers are determined 
 by the decrees of 13 Frimaire, an. IX, and i7th July, 1816. 
 
 Attorneys at law are subject to give bail or caution money ; they 
 njay nominate their successors, subject to the approval of the Em- 
 peror. 
 
 Appraising Auctioneers, (commissaires priseurs.) 
 
 Commissaires friseurs, or appraising auctioneers, (formerly kuissiers pri- 
 seurs,) were established in Paris by the law of 27 Ventose, an. IX, aiid 
 in the rest of France by the law of 28th April, 1816 ; they can only be 
 established in the capital cities {chefs lievx) of the arrondissements, at the 
 seats of the tribunals of the first instance, or places having a population 
 of at least five thousand souls. 
 
 They are charged with the appraising of furniture, and the sale at 
 auction of all moveable effects, which they can only sell upon due 
 proof of ownership from the person offering them. The only qualifica- 
 tion required by law is to be twenty-five years of age. 
 
 The appraising auctioneers are appointed by the Emperor, and must 
 give bail and have a license. They may nominate their successors, 
 subject to the approval of the Emperor. They are sworn into office 
 before the tribunal of the first instance. There is a chamber of discip- 
 line instituted within the jurisdiction of each civil tribunal, and a com- 
 mon purse to which they contribute one-half of their fees and charges. 
 
 Huissiers, or Sheriffs. 
 
 The huissiers are chtirged to summons before the courts and tribunals, 
 and to notify and execute actes and judgments. 
 
 There is a fixed number of huissiers appointed for each justice of the 
 peace, tribunal of the first instance, imperial court, and court of cassa- 
 tion. 
 
 In order to be a htdssier it is necessary to be at least twenty-five 
 
252 APPENDIX. 
 
 years of age, to have worked two years in the office of an attorney at 
 law, (aeotie,) notary, or huissier, or three years in the greffe, (clerk's 
 oiEce,) and to have a certificate of morality and of capacity furnished 
 by the chamber of discipline. 
 
 The huissiers can only practice within the jurisdiction of the court or 
 tribunal to which they are attached. 
 
 The kuissiers-audienciers are charged with the service during the ses- 
 sions ; they have the exclusive right of taking notifications from one at- 
 torney {avotie) to another. 
 
 In places where there are no appraising auctioneers the hussiers attend- 
 in corporation with the notaries and greffiers (clerks of court) to the ap- 
 praisement and public sale of furniture and other moveable effects. 
 
 The huissiers cannot refuse to act except for valid reasons. 
 
 The regulations as to the communaute of huissiers, the chamber of dis- 
 cipluie and the common purse, are established by the decree of Jime 
 14, 1813. 
 
 The huissiers may nominate their successors, subject to the approval 
 of the Emperor. • i 
 
 Stock brokers and merchandise brokers in the departments. 
 
 Stock brokers and merchandise brokers, where they are established, 
 are appointed by the Emperor, on the nomination of the Minister of the 
 Interior. They have the exclusive right to practice their peculiar call- 
 ing, and to report respectively the price currents of the public funds, 
 of negotiable papers, of matieres in gold and silver, of merchandise, of 
 freights, &c. 
 
 It is prohibited, under a penalty not exceeding a sixth of the caution 
 money deposited by stock brokers and merchandise brokers, and not 
 less than a tenth of the same for any person not appointed by the Em- 
 peror to practice either of the above named professions. 
 
 The stock and merchandise brokers are obliged to deposit caution 
 money, which, in case of resignation or decease, is reimbursed, in the one 
 case, to the person resigning, in the other, to his heirs or successors. 
 
 By virtue of the law of 28th April, 1816, and the ordinance of 29th.. 
 May and 3d July, of the same year, slock brokers and merchandise 
 brokers, their widows, children, and heirs, are authorized to nominate 
 their successors, provided the persons nominated possess the required 
 qualifications. This right is not extended to dismissed brokers. 
 
 re.) 
 
 Department of the Interior. 
 
 Functions. — ^Political and administrative correspondence with the pre- 
 fects: the personnel of the prefects, sub-prefects, councillors of the pre- 
 fectures and mayors; maintenance of laws relative to the electoral 
 assemblies, to the councils general of the departments, to the councils 
 of the arondissements, and to the municipal councils ; the national guards ; 
 
APPENDIX. 
 
 253 
 
 the electric telegraphs ; the superior administration of the departments 
 and the communes ; public assistance ; civil hospitals ; establishments 
 destined for the blind, and the deaf and dumb; pawnbrokers' estab- 
 lishments, (monts de piete;) amelioration of the lodging-houses of "work- 
 men ; provident institutions and mutual aid societies ; the treasuries 
 {caisses) of the retiring pensions of the aged ; savings banks ; prisons, 
 penitentiary colonies, and the patronage of juvenile prisoners, (deienvs;) 
 civil edifices and public monuments ; supervision of theatres ; encour- 
 agement of the dramatic art ; statistics and census of the population, 
 &c. 
 
 Cabinet of the Minister. 
 This is in charge of a chef du cabinet. 
 
 Bureau of the Cabinet. 
 
 This is in charge of a chef de burea9. 
 
 Functions. — Opening, registration, and sending off of dispatches; 
 "Moniteur des communes ;" private correspondence of the minister; au- 
 diences ; reserved affairs not classified ; transmission of orders from the 
 minister. 
 
 Bureau of political correspondence. 
 
 This is under the charge of a chef de bureau. 
 
 Functions. — General correspondence ; political affairs. 
 
 Secretaryship general, and direction of the personnel. 
 
 This is under the direction of a secretary general and director of the 
 personnel. 
 
 Bureau of the personnel. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Appointment and recall of prefects, sub-prefects, coun- 
 cillors oi prefectures ; conges; legion of honor; and honorary recompenses. 
 
 Division of the Secretaryship. 
 This is under the charge of a chef de division. 
 
 Bureau of elections and of Mayors. 
 This is under the charge of a chef de bureau. 
 
254 APPSNSix. 
 
 FuncdoTu. — Municipal and departmental organization j, analysis of the 
 votes {veeux) of the councils general ; elections ; questions concerning 
 attributions, honors, and rights of precedence ; testimonies of public 
 g^i^titude ; complaints and suits against administrative functionaries ; 
 f^exBonnel of mayors, assistant mayors, and municipal councils; recalls; 
 expenses of the administration of pretectures and sub-prefectures; 
 salaries ; retenues for €ongh ; indemnities ; accounts of emploi ; cash 
 bureau (ccdsse) of retiring pensions, and pensions of the ewplcyes of the 
 departmental administration. 
 
 Bureau of Archives and Interior Expenses. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — FeuiUes de travail for legislative bills and decrees ; reunion 
 of affairs to be sent before the Council of State ; archives of the min- 
 istry ; preservation and dispatch of decrees and decisions of the execu- 
 tive power, of ordinances and^ther acts of preceding governments, of 
 ministerial decrees, of circulars and instructions; insertion in the "Bul- 
 letin des Lois" oiactes emanating from the Department of the Interior ; 
 official bulletins of Minister of the Interior ; legalizations ; materiel and 
 interior expenses ; printing ; autographic ; affairs of the franking privi- 
 lege and counter-seal. 
 
 Interior Service. 
 
 This is in charge of a chef du service interieur. 
 
 Bureau of Assistance. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Individual assistance ; assistance to the former colonists 
 of St. Domingo ; admissions to the hospital of Paris and the general 
 charitable establishments; social statistics, {etat civil;) rapatriement ; 
 seals and stamps of the departmental and municipal authorities ; ex- 
 amination of the administrative collections of the prefectures ; pohce ' 
 of the race-courses. 
 
 Bureau of National Guards- 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Census, organization, and mobilisation of national guards ; 
 nomination of officers ; armaments, munitions, service, and discipline ; 
 inspecting officers and comptrollers of arms ; matters in dispute, and 
 expenses; communal sapeurs pompiers; mihtary affairs; guardianship 
 of the orphans of June, 1848. 
 
 Library. 
 
 This is in charge of a librarian. 
 
appendix. 255 
 
 Direction General of the Interior Administration. 
 
 This is under the direction of the charge general of the interior ad- 
 ministration. 
 
 This direction is divided into four divisions, viz : departmental and 
 communal administration, with four bureaux ; hospital administration, 
 with two bureaux and an inspector general; penitentiary establish- 
 ments, with two bureaux ; civil edifices and theatres, with two bureaux. 
 
 1st Division. 
 
 Departmental and Communal Admirdstratwn. 
 This is in charge of a chef de division. 
 
 1st Bureau. — Administrative and Departmental Expenses. 
 
 This is in charge of a chef de biereav. 
 
 Functions. — Actes of the general administration ; political and admin- 
 istrative division of territory; departmental affairs ; matters in dispute 
 in the departments ; departmental buildings ; apportionment of the 
 conamon funds; regulation of the departmental budgets ; extraordinary 
 taxes ; loans ; departmental roads ; furnishing of prefectures and sub- 
 prefectures ; construction, repair, and maintenance of the buildings for 
 the courts of appeal ; minor expenses, and charges of the parquet of 
 these courts. 
 
 2d Bureau. — Administrative and Communal Accounts. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — ^Various questions relative to communal administration ; 
 octrois ; difficulties and complaints on the subject of right of choice of 
 places in the holies, fairs, markets, and slaughter-houses, and the charges 
 for public weighing and gauging; advice on the subject of wood-cutting 
 in the communal woods ; fixing of the subscription for barrack ex- 
 penses accorded to communes which have the octrois; instructions 
 relative to the communal accounts ; taxes for a period exceeding five 
 years, or a quota of twenty centimes ; loans, the payment of which is 
 to extend through more than ten years, or the creation of resources 
 which are not within the competence of prefects ; annual accounts of 
 loans and taxes ; financial situation of the communes ; municipal as- 
 sessments ; institutions of retiring pension. Bureaux in favor of the 
 employes of the communes ; regulation of the budgets and the accounts 
 of the city of Paris ; tariff of charges for choice of places at markets, 
 &c., for public weighing, &c., and communal pensions in the same 
 city ; verification and comptrol of the decisions of prefects on affairs 
 decentralized by the decree of March 25, 1852, and relative to these 
 various matters. 
 
256 APPENDIX. 
 
 3d Bureau. — Matters in Dilute in the Communes. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Differences and disputes {cmiflits) arising between, the 
 various authorities, (pouvoirs;) appeals to the Council of State growing 
 out of these differences, and recourse to the same council in the matter 
 of authorization to plead ; recourse to the minister against perpetual 
 decrees, in cases where prefects have exceeded their authority, or given 
 wrong judgments ; complaints in general ; expropriation on account of 
 public utility, (except so fax as concerns roads, streets, paths, &c,, 
 (voirie ;) old communal debts ; civil responsibility of communes ; lega- 
 cies and donations, in cases where there are complaints made on the 
 part of families.; removing of presbyteries, where opposition is made 
 by the diocesan authorities ; questions relative to the expense of public 
 worship ; differences on the subject of the jouissance en nature of com- 
 munal goods, of commonage, and of pasturage ; alienations, acquisi- 
 tions, exchanges, leases, work?, marches degre a gre, treaties of insurance, 
 tariffs of charges of the pompes funebres, (public funeral establishment,) 
 and the cemeteries, so far as concerns the city of Paris ; comptrol of 
 prefectorial decrees in affairs decentralized by the decree of 25th March, 
 1852, and relative to these various questions. 
 
 ^th Bureau. — Roads, highways, paths, ^., {voirie,) streams, {cours d'eau,) 
 
 and municipal police. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — ^Parish and rural roads ; city streets, paths, &c., &c., 
 {voirie ;) communal toll bridges ; unnavigable streams ; differences ari- 
 sing between the authorities ; appeals to the council of state in dis- 
 puted matters, and for authorization to plead in such matters ; expro- 
 priation on account of public utility, relative to city streets, paths, &c.. 
 Sec, and to the redressment and enlargement of streams ; classification 
 as parish roads of portions of the national roads which have been aban- 
 doned ; mixed works ; straightening streets ; acquisitions, alienations, 
 exchanges, compromises, execution of works connected with roads, 
 streets, paths, &c., so far as concerns the city of Paris; difficulties rela- 
 tive to these questions in all other cities and communes ; appeal against 
 prefectorial decisions in the matter of parish and rural roads, alignemi^s 
 in the communes, right of way, paving, sidewalks, municipal police, 
 and curage of streams ; comptrol of prefectorial actes concerning the 
 service of streets, roads, paths, &c., relative to matters decentralized. 
 
 Secretaryship of the Departmental and Communal Archives. 
 
 This is under direction of a head clerk, {chef) and having in charge 
 the departmental, communal, and hospital archives. 
 
 There are eighty-six archives-keepers, {archivistes,) i. e., one for each 
 department of France. 
 
appendix. 257 
 
 2d Division. 
 This is under the direction of a chefde division. 
 
 lat Bureau. — General Charitalle Eslallishmcnts for the insane ajid found- 
 lings. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — General charitable establishments of Charenlon, of the 
 Quinze Vingts, for young blind persons, for the deaf and dumb; and 
 of Mont Gendvre, societies of maternal charity ; private charitable so- 
 cieties ; mendicity, statistics of mendicants and the indigents ; houses 
 of refuge ; public and private asylums for the insane ; foundling hos- 
 pitals and departmental hospitals ; personnel, administration, accounts, 
 and mailers in dispute connected with these services and establishments. 
 
 2d Bureau. — Communal hospitals, charitalle bureaux, pawnbrokers^ shops, 
 
 {monts de piele.) 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Hospitals, bureaux of charity and of pawnbrokers' shops ; 
 creation of these establishments ; legacies and donations in their favor, 
 where complaints are made by families ; expropriations on account of 
 public utility ; appeals to the council of state on matters in dispute ; 
 complaints in general ; acquisitions, ab'cnations, exchanges, division of 
 property, compromises, works of construction and maintenance; retiring 
 pensions; regulations of the service, and treaties with religious "com- 
 munautes," so far as concerns the general administration of public assis- 
 tance and the mont de piele of Ijpris ; comptrol of prefectQjial decrees 
 on subjects decentralized by the decree of 25lh March, 1852, in matters 
 of public assistance; and to hospitals, bureaux of charity, and charita- 
 ble institutions generally ; the amelioration of workingmen's lodgings ; 
 service of the inspection general of charitable institutions. 
 
 Inspection General of Charitable Institutions. 
 
 1st Section. — Charitable institutions. 
 
 This section of the inspection general is composed of two inspectors 
 general of the fiist class ; of four inspectors general of i\w. second class, 
 and of two inspectors general adjoints. 
 
 2d Section. — Insane institutions. 
 
 This section is composed of two inspectors general of the first class, 
 one inspector general adjoint, and one honorary inspector 'general. 
 
 3d Division. 
 
 Veterinary establishments. 
 
 This is under the direction of an inspector general of first class of 
 prisons, charge de la division, and a chef de section. 
 17 
 
1st Bureau. — General administration of prisons. 
 This is in charge of a chef de bureau. 
 
 Functions. — Administration of the central prisons deforce et correction, 
 of penitentiary and correctional colonies, and of the quartiers dejeunes 
 detenui, of departmental prisons, and all other establishnaents of repres- 
 sion; legislation and regulations; personnel of all the services; discip- 
 linary regim^, moral an^ religious ; instruction, guardianship, andsuper- 
 yjisipn ; sai^ita.ry state ; medical service ; statistics ; institution? of pa- 
 t^on^ge. 
 
 Inspection general of prisons. 
 
 Consisting of two inspectors general of the first class ; three of the 
 second class ; two inspectors general adjoints ; one inspectress general 
 of prisons; and two honorary inspectors- general. 
 
 2d Bureau. — Financial administration of the prisons. 
 This is under charge of a chefde bureau. 
 
 Functions. — ^Economical services of all the establishments en entre- 
 p-ise, ou en regie; books of charges ; bargains and adjudications ; trans- 
 fers of movable effects and mateiiel; industrial works ; regulations of 
 ta,rifli of charges ; accounts ; works of construction, reparation, and 
 maintenance ; liquidation of pensions ; matters in dispute ; budgets a,nd 
 accounts. 
 
 Service of the regies of the central prisons "rfc force" and "de correction.'^ 
 
 In charge of an inspector general of &st class, who is directeier. charge 
 du service, assisted by a director and assistant director, for each of the 
 three circumscriptions. 
 
 Central prisons ^^de force" and, "dc correction." 
 
 There are twenty-one of these located in that number of departments, 
 and each under charge of a director. 
 
 Prisons of detention. 
 
 There are two of these, each under charge of a director. 
 Central prisons of correctional education in Paris, and under the 
 charge of a director. 
 
 4th Division. 
 Civil edifices and theatres. 
 
 This division, is in charge of a chef'de division and a chef du premier 
 bureau, charge of the service of civil edifices. . ,u 
 
AFCBNOCS. 259 
 
 lit Bureau^ — Civil edifices, stitdies, and projects. 
 
 In charge of a chefde bureau. 
 
 Fmctions,- — Study and preparation of projects for construqtioHi of 
 civil edifices and public monuments; execution of new works and 
 works of entretien; council of edifices; personnel of arch\tects, £^nd for- 
 matbn of agencies charged with the supervision of the wprks. 
 
 2d Bvreau. — Civil edifices, estimates, and accounts. 
 
 This is in charge of a chefde bureau. 
 
 Functions. — Revision of estimates, and of accounts connected with 
 the works ; regulation of the basis to serve for the regulation of the ac- 
 counts ; examination of the representations, claims. Sec, of the con- 
 tractors ; keeping of the books relative to the use of the State funds 
 appropriated to the works; regulation of the accounts. 
 
 Committee of revision. 
 This consists of two comptrollers. 
 
 Council general of civil edifices- -. 
 
 This consists of five inspectors general, one of whom is vice-presi- 
 dent, nine honorary members, and eight auditors. The council is pre- 
 sided over by the minister, and in his absence, by the vice-president. 
 
 It examines the projects and estimates concerning the constructions 
 and reparations of all the civil edifices of the empire, and the plans for 
 the alignement (setting in line) of the streets and squares of Paris and the 
 other cities ; it also gives its opiTiion on questions of art and of aqcounts. 
 which are submitted to it by the various ministers ; and pronount^s on 
 the concours entre architectes. 
 
 Preservation and maintenance of the public monuments. 
 
 The members of the council general of civil edifices are charged with 
 the general inspection of works, whether in Paris, or in the departments. 
 
 This department of the " preservation and maintenance of the public 
 monuments" is divided into six circonscriptlons, each of which has al- 
 lotted to it one or two inspectors general, an ordinary inspector, and an 
 agent complable; and each of which has also several architects. 
 
 Works of construction and of general restoration of public edifices. 
 
 The commission having these in charge consists of five inspectors 
 general, each of whom has from two to five public edifices in charge, 
 and each of whom has its architect. 
 
 Inspection general of the works in the departments. 
 
 ■ This consists of five inspectors general, each having in charge a cir- 
 constriptioni consistiag of severed departments. ^ 
 
260 APPENDIX. 
 
 3d Bureau. — Theatres not receiving grants from the government. 
 
 This is in charge of a che/dc bureau. 
 
 Functions. — Theatres in Paris and the departments not receiving 
 grants from the government; the appointment of directors and man- 
 agers, {entrepreneurs,) regulations and supervision; indemnities to dram- 
 atic artistes; encouragement of dramatic and musical art; committees 
 of examination of dramatic works; inspection of theatres. 
 
 Committee for examination of dramatic works, consisting of five 
 members. Inspection of theatres, consisting of two members. 
 
 Administration of Telegraph Lines. 
 Administration general. 
 
 Consisting of an administrator in chief, a first assistant administrator, 
 and a second ditto. 
 
 Cabinet of dispatches. 
 
 In charge of an assistant administrator, a translator in chief, who is 
 cA^f of the cabinet, assisted by a director of first class, who is assistant 
 translator. 
 
 Functions. — Translation and composition of dispatches ; works con- 
 nected with the vocabulary ; preservation and care of the telegraphic 
 archives ; dispatch of correspondence with the directors, and affairs 
 therewith connected, whether of the cabjnetof the administrator in chief, 
 or of the cabinet of the administrator charged with the supervision of 
 dispatches. 
 
 Bureau of the personnel and of signals. 
 
 This is in charge of a head, clerk, (chef) 
 
 Functions.. — ^Presentation for situations in the appointment of the 
 minister ; admission to the supernumerary service ; appointment to the 
 situations of clerks, stationnaires, surveillant, et piclou ,- caution moneys ; 
 liquidation of pensions ; supervision of telegraphic lines ; verification 
 of signals, 
 
 Bureau of private dispqtches. 
 This is in charge of a head clerk, {chrf.) 
 
 Functions. — Service of private dispatches ; verification of the regu- 
 larity and exactitude of dispatches for private individuals ; verifi6ation 
 of the charges received ; accounts with tlip directors and head clerks 
 {chefs) of the service in the telegraphic bureau; accounts with the gov- 
 ernment, and with foreign offices; accounts of money paid lo the direct- 
 ors, and of the other expenses required by the service. 
 
APPENDIX. 261 
 
 Bureau of " materieL" 
 This is ill charge of a head clerk, (chef.) 
 
 Functions. — Maintenance and establishment of lines; estimates of 
 constructions; revision of estimates of the inspectors; bargains; books 
 of charges for adjudications; orders for furniture of the lines, and iw 
 reception; accounts of the materiel; improvements of the apparatus. 
 
 Bureau of accounts. 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — Preparation of the budget ; extraordinary and supple- 
 mentary grants from the State ; reports of grants ; applications for or- 
 ders for payment ; distribution of funds ; revision of the memoranda of 
 the inspectors ; verification of the vouchers ; accounts of the divisions ) 
 general accounts of the service ; regular accounts of the exercises clos. 
 
 Administrative service of the telegraph. 
 In charge of a head clerk, (chef.) 
 
 Inspection general, consisting of two inspectors. 
 
 Inspection of the lines, in chsirge of a director of fourth class, princi- 
 pal inspector, and one inspector of first class, assistant principal inspec- 
 tor, and consisting of eight directors of first class, tvirelve of second 
 class, fourteen of fourth class, and five directeurs suppleants, located in 
 various parts of the country. 
 
 Private telegraphic bureaus. 
 In charge of five inspectors and stationnaires. 
 
 Secretaryship of inspections. 
 
 In charge of a head clerk, (chef) 
 
 Function- — Centralization of reports ; supervision, and works of in- 
 spection connected with the prefectures, with the inspector general of 
 charitable establishments, and establishments Derepression, and with the 
 telegraphic lines. 
 
 (cl.) 
 General Police. 
 
 This is in charge of a director general of police. 
 
 Functions. — ^High police of the State ; execution of laws relative to 
 the general police, and to the security and tranquillity of the interior of 
 the empire. Correspondencs with the prefects, and the divers consti- 
 tuted authorities, in all that concerns the public security. 
 
 Supervision of the press, and of publications of every description. 
 
Translation of foreign journals; coZporfag-e; supervision of the theatres; 
 supervision of printing establishments and of bookselling. Deliyery 
 or withdrawal of printers' and booksellers' licenses;' supervision of re- 
 prints (coM(re/2?fo»). in France and abroad; literary property ; execution 
 pf international treaties relative to literary : works and works of art; 
 depbt of books, journals, engravings, &c., &c., publi^ed in Paris and 
 in ..the departments. Supervision of prisons and maisons d^arrit de 
 Jiistice, et de recltmon. Legal supervision of liberated convicts; sup- 
 pression of mendicancy and vagabondage; researches made in the 
 interest of families; supervision of foreign refugees, and delivery of 
 subsidies allowed to them by the State; distribution of aid Ibr v^ious 
 causes. ;lComtn,erc!ial, sanitary, and industrial, police; service of the 
 g'emHirmerieM all that relates to the maintenance of public order; per- 
 sonnel of the departihental commissaries and of the commissaries of 
 police. 
 
 The terrilBi^ bi the empire is divided into the three districts, (drrbn- 
 dissements.) Thre^ directors general, one of whom is the prefect of 
 police, work togetTiSr every <£y with the direclOT general. They are 
 charged with the correspondence, with the preliinihary examination, 
 and following up (instruction et de la suite) o{ police affairs, in the de- 
 partments which, are assigned to them. They hold an audience every 
 day to receive complaintSj (reclamations,) addressed to the director 
 generial, wbich are sent to him immediately after the audience. 
 
 DiRECTOKS General. 
 1st Arrondissement. 
 
 This consists of forty-seven departments, and is under the manage- 
 ment of the charge of the direction of the first eitrondissement. 
 
 2d Arrrnidissemknt. 
 
 ■' ifhis: consists of thirty-eight departments, and is under the manage- 
 ment of the cAa^^'c of the direction of the second arrondissement. 
 
 3d Arrondissement. 
 
 This arrondissement consists of the department of the Seine, and the 
 communes of the department of the Seine and Oise, indicated by the 
 decree of 3d Brumaire, an. IX, which fixes the extent of the prefec- 
 ture of police of Paris. 
 
 A Secretary General. 
 
 « 
 . .Cabinet of the Director General. 
 
 This is in charge of a chef du cabinet, who has a private secretaiy. 
 
APPENDIX. 
 
 im 
 
 Functions. — Opening, analysis, distribution, and transmission of dis- 
 patches ; private and unclassified business ; applications for audience ; 
 honorific recompenses ; tele^aphic affairs ; statistical affairs ; •personnel, 
 (under the care of a director general ;) appointment and dismissal of 
 commissaries of police. 
 
 Bureau of Political Police. 
 
 This is in charge of a head clerk, {chef.) 
 
 « 
 1st Division. — Secretaryship. 
 
 This division is under the immediate direction of the secretaiy 
 general. 
 
 \st Bureau. — Central Bureau. 
 This is in charge of a chefde bureau. 
 
 Functions. — General information to be obtained; preservation arid 
 trinsinission of decrees, decisions, and ministerial circulairs. Insertions 
 in the "Bulletin des Lois;" insertions in the " Mmiiteur." Legalisa- 
 tions ; bulletin official of the police general ; centralization of docurtaerits 
 foi- the budget of the department ; materiel and internal expenses ; ^er- 
 sokBcZof servants ; preservation of the mobilier ; works for the mainten- 
 ance and repair of buildings; printing of the service of the central 
 administration. Atelier d'auiographie; archieves; collection of admin- 
 istrative documents and works ; studies concerning ameliorations and 
 questions of general utility. 
 
 2d Bureau. 
 
 This is in charge of a chefde Bureau. 
 
 Accounts. — Budget and annual accounts; genei"al instructions and 
 monthly distributions ; registiation of reports, and examination of all 
 the accounts ; centralization of administrative works to be presented to 
 the corps legislatif and to the council of State, and replies to the obser- 
 vations of the court of accounts ; accounts of the exercises clos. Opeira- 
 tions and central books. Tables of salaries, and liquidation of the 
 pensions of employes of the department ; bureau of payment (caisse) of 
 retiring pensions; keeping of books by double entry; memoranda, and 
 state of expenses ordered and paid ; great book of paying orders : re- 
 coveries; reversements ; reimpuiations ; debits to the' State. 
 
 Orders of Payment- 
 
 Orders of payment of expenses from the general and special funds ; 
 verification and transmission of orders of payment on the treasury; de- 
 livery of letters of advice ; auxiliary books ; correspondence ; cash office, 
 \caisse,) in charge of a cashier. Payments made at Paris for the dejpart- 
 itieht ; special books and accounts of these payments. 
 
264 appendix. 
 
 2d Division,. 
 
 . 1st Bureau. — Police of general secur'Uy. 
 
 This is in charge of a chefde bureau. 
 
 Functions. — ^Police of general security ; execution of laws relative to 
 general police ; public meetings and associations ; questions relative to 
 passports, to livrets, and to carrying arms ; measures to be taken to 
 insure the circulation of grains, and freedom of trade in the matter of 
 food; measures to be taken in respect to dangerous foreigners; super- 
 vision of condamnes politiques; aid in various cases; exercise of the 
 right of requisition ; litigation {confiits) in police matters. 
 
 2d Bureau. — Police of special security. 
 
 This is in charge of a chefde bureau. 
 
 Functions. — Supervision of liberated prisoners, and designation of 
 places for their residence. Execution of the decree of December 8, 
 1851, so far as concerns liberated prisoners in rupture de ban ; execution 
 of the law of July 9, 1852, concerning prohibitions to remain in Paris 
 or Lyons ; passports of indigent persons and secours de route. Sup- 
 pressing of mendicancy and vagrancy. Supervision of prisons, and 
 maisons d^arret,de justice, de detention, and de reclusion. Archives of the 
 division. 
 
 Zd Bureau. — Administrative police. 
 
 This is in charge of a chefde bureau. 
 
 Functions. — Administrative police; foreign refugees subsidized by the 
 government ; execution of the law of May 21, 1836, concerning lotte- 
 ries ; supervision and arrest of malefactors ; measures to be taken for 
 the prevention of fires ; extradition of foreigners ; researches made in 
 the interest of families; authorization for' residence abroad, given to 
 civil and military pensionnaires ; execution of the laws relative to the 
 police of cafes, cabarets, and public places ; supervision relative to the 
 public health ; to the labor of children in manufactories, and to the 
 l)ourses de commerce. Expulsion of foreign inalefactors. 
 
 Direction of Printing, Bookselling, and op the Press. 
 
 This is in charge of a director. 
 
 Isi Bureau. — Printing and boolcsdUng. 
 
 This is in charge of a chefde bureau. 
 
 . Functions. — General supervision of printing and bookselling in France; 
 writings and periodical collections consecrated to literature, to science, 
 
APPENDIX. 
 
 265 
 
 and, to the arts ; licenses to letterrpress printers, and to lithographic 
 and copper-plate printers ; foreign bookselling ; verification of imported 
 books; reprints, {contre/a^ons,) literary property, and contraventions 
 against the laws and regulations ; declarations of the journals and 
 periodical works ; caution moneys ; depot of all works of all kinds, 
 published in Paris and in the departments. Examination of prints and 
 engravings. 
 
 2d Bureau. — The press. 
 
 This is in charge of a che/de bureau. 
 
 Functions. — Supervision of the press of Paris, of the departments, and 
 of foreign countries ; translation of foreign journals ; authorization of 
 political journals ; supervision of periodical sheets, and publications of 
 every description ; police of the theatres. 
 
 • 3d Bureau. — Colportage. 
 
 Functions. — General supervision of colporteurs; relations with the 
 committee on the examination of books, writings, and engravings des- 
 tined for colportage; stamping of authorized works. 
 
 Permanent committee, charged with the examination of looks, writings, and 
 engravings, destined for colportage. 
 
 This committee consists of a president, a secretary, two assistant 
 secretaries, and nine other members. 
 
 Commissaries of printing and bookselling. 
 
 Consisting of two commissaries. 
 
 Inspecteurs, verijicatevrs of books coming from abroad. 
 
 Consisting of seventeen inspectors, stationed one at each of the prin- 
 cipal French ports. 
 
 One physician to the department. 
 One assistant ditto. 
 
 Departmental commissaries. 
 
 Fifty-two in number, and stationed in that number of departments. 
 
 Department of Finance. 
 
 Functions. — Administration of the public revenues ; of the inscribed 
 national debt and of the coinage ; accounts of the finances of the State ; 
 establishment and regulation of the general budget of each year ; piro- 
 
^66 APT^EmoL. 
 
 seritation of all legislative bills oii the subject 6f finahdes ; assessment, 
 apportionment, and collection of (direct and indirect taxes ; feusitl^ss 
 management of the public domains and woods, of the p6st office, of the 
 \dBacco iriariufacture ahd sale, of the stamp offices, &c., &c.,&c.; veri- 
 fication of the coinage and the value of the nietstllic currency; establish- 
 ments, regies, and other enterprises which yield a product to the pUblic 
 treasury ; operations of the funds ; negotiations and business affairs of 
 the treasury ; relations with the bank of Frairce, and with the syndical 
 chamber of the stock brokers of Paris ; supervision of the public cash 
 bureaux, (caisses,) and of the responsible {coniptabh) collectors ;, verifica- 
 tion of their accounts and of their vouchers, to be submitted to the judg- 
 fijent of the court of accounts; description, coniptrol,aind centralization 
 of all the facts relative to the receipt and emplbymeiit of public funds ; 
 lliscriptiohs in the book of the inscribed national debt ; pensions aind 
 caution moneys; matters in dispute, and judiciary agiehcy ; liquidation 
 and settling by orders on the treasiury of all the expenses of the various 
 services of the finance, and of thbse not lietdn^ihg to any special flepart- 
 ment; acquittance, comptrol, and verification of all public expenses the 
 Jjayment of which has been ordeied t)y the ministers ; appointmeilt to 
 adininistrative and financial situations, and of stock brokers at the Paris 
 exchange ; propositions for the appointments of fimctionMes dr account- 
 ants which are in the gift of the emperor. 
 
 Cabinet of the Minister. 
 
 This is in charge of a chef He cabinet. 
 
 Functions. — Opening of dispatches ; reserved afiairs ; applications for 
 audience, &c., &c. 
 
 Centrai. Administration of . the Department. — Divisiom of the 
 personnel and of general inspection. 
 
 This is in charge of a chef de division. 
 
 Bureau of personnel general. 
 This is in charge of a head clerk, (chef.) ^ 
 
 WiM,-tidns. — ^Preparation of the portfolios of the minister; persotMel of 
 the bureaux of the department, and of the administration of finance ; 
 personnel of the accountants of the treasury, the receivers general and 
 particular, of the paymasters, {payeurs,) and of the municipal receivers 
 and collectors ; personnel of the agents of direct taxes, and the agents of 
 the financial regies in the departments, the appointment of whom is in 
 the gift of the emperor or the minister ; appointment of stock brokers 
 at the Paris exchange and of the members of the court of accounts ; 
 reception and transniission of telegraphic dispatches; admissions and 
 jpromptToiis in the order of the legion of honor ; coKg-& ; assistance to 
 ex-collectors and to the widows aiid orphans of collectors. 
 
Buraiu of Inspection General of Findneis. 
 
 This is in chkrge of an inspector of finailces, charge proVisionaily 
 of the TunctiiJns of chef de bureau. 
 
 Functions. — Persoknel of the cOrps of inspection general of finances : 
 direction of the service and of the mouvements. Organization of antiu£il 
 accounts and preparation of instructions relative thereto ; special mis«- 
 Sions in Ff aiice, in the colonies, and abroad ; following up df the f epbf ts 
 tf the inspectors ; correspondence on this subject. 
 
 The inspectors of finances verify all the financial accouiits, also the 
 naanagement and the comes of agents and accountants connected direct- 
 ly or indirectly with the department of finances, and of the treasuries "of 
 the incalides de h, marine, of the receivers of cities aiid communes, chari- 
 table bureaux, mmas de piete, dJ^6ts de mendicite, houses of detention, 
 haras, (studs,) and all other public establishments. They also attend 
 to the execution of the laws and ordonnances concerning the adminis- 
 tration of finances, and especially the observation of the regulations 
 which bear upon the collection of dues of all descriptions, the direction 
 &nd mouvement of the funds, and their application to public expenses. 
 
 Each inspector general has for coUabotateurs, or auxiliaries, one or 
 more inspectors, of whom he directs the labors and the missions. 
 
 The bureau consists of ten inspectors general of finances, twelve in- 
 spectors of finances of the first class, twelve of the second class, four- 
 teen of the third class, and twelve sub-inspectors. 
 
 Secretaryship General. 
 
 This is in charge of a secretary general. 
 
 Central Bureau. — Dispatches, archives, and counterseal. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^Registration of dispatches and their transmission to the 
 proper divisions ; countersigning and legalization of documents and sig- 
 natures ; depot and classification of laws, decrees, and decisions ; dis- 
 patch and transmission of copies of said documents to the functionEjries 
 charged to unite in their execution ; care of the archives of the depart- 
 ment ; of the former liquidation general of the public deht and of the 
 former sinking fuiid, and correspondence relative thereto ; distributicm ' 
 of the bulletin of laws; general mformation on the state of affairs treated 
 Bjrihe department. 
 
 Special accounts of the expenses of the depariMent. 
 
 This is in charge of a sub-director. 
 
 Bureau of Ordcmnancetneni and of Accounts. 
 
 This is in charge of a head clerk, (chef.) 
 
268 
 
 APPENDIX. 
 
 Functions. — Centralization and examination of documents relative to 
 the budget of expenses of the department of finances ; formation of the 
 budget and of the explanatory tables ; preparation of the decree of the 
 annual apportionment of funds voted in the budget, and of the elerkentt 
 of the monthly distribution of funds ; preparation of decrees and legis- 
 lative bills concerning all applications Tor supplementary, extraordi- 
 nary, and complementary funds ; comptrol of the employment of 
 funds; establishment of the memoranda of expenses liquidated, and to 
 be settled by orders from the minister; also the examination of vouchers 
 of the creditors of the department ; preparation and delivery of minia- 
 terial ordonnances of payment and of delegation ; keeping of the ac-, 
 counts of the department of finances ; correspondence with the secon- 
 dary ordonnaleurs ; establishment and publication of the definitive 
 accounts of the year, of provisionary situations, arid other annual docu- 
 ments concerning the budget of the department. 
 
 Bureau of materiel and of the interior service. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Repairs and maintenance of the hotel of the departmfent ; 
 furnishing of the bureaux, printing, and lithography ; lights and fuel ; 
 care of the furniture ; clothing of the servants ; contracts and adjudica- 
 tions ; liquidation of expenses and regulation of bills ; inventories of 
 the furniture of the hotel ; propositions for appointments in the inte- 
 rior service ; supervision of the agents of this service ; police and mili- 
 tary service^f the hotel ; lithographic and bookbinding establishments ; 
 purchase and distribution of books, plans, and maps, destined for the- 
 service of the bureaux, and the central library of the department; pay- 
 ment of urgent minor expenses ; propositions for, and distribution of, 
 assistance to the widows of the employes of the central administration, 
 and the divers agents of the interior service. 
 
 " Regies " and Financial Administrations. 
 
 This is in charge of a sub-director. 
 
 1st Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Centralization and examination of all affairs submitted 
 by the administrations of registration and domaines ; of forests and coins; 
 preparation of the decisions of the minister, of projects, of edicts, and 
 decrees for these different services ; correspondence with the ministers, 
 the prefects, and other public functionaries ; correspondence and de- 
 cisions of the minister at the instance of communes and private indi- 
 viduals who have interests to discuss with these administrations ; intro- 
 duction and defence of appeals to thb council of State ; affairs relative 
 the liquidation of the old civil list. 
 
 2d Bureau. 
 
 * 
 
 This is in charge of a head clerk, {chrf.) 
 
APPENDIX. 269 
 
 Same functions as first bureau in respect to the administration of the 
 customs, indirect taxes, and dues from the tobacco establishment and 
 the post office. 
 
 Division of Financial Matters in Dispute. 
 
 This is in charge of a chef de division, justiciary agent of the public 
 treasury. 
 
 Functions. — The supervision of all departments of the judiciary 
 agency; examination and risa of all the judiciary significations and 
 applications made to the public treasurj', except those relative to oppo- 
 sitions, transports, or main- levees amiuhles ou judiciaries of said actes ; de- 
 fence of suits instituted against the treasury ; disputes in regard to 
 functions ; the personnel of advocates, solicitors, notaries, and other 
 ministerial officers attached to the treasury, and the regulation of their 
 charges and fees ; caution money in stock and real estate ; care and 
 renewal of mortgage deeds ; recovery of debts of accountants and all 
 other creditors of the treasury. 
 
 1«/ Bureau, 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — Work and correspondence relative to all litigious ques- 
 tions submitted by the different ministers, by the admmistration of 
 finances, by public functionaries, by accountants ; and all questions 
 respecting the department of finances which are likely to lead to a 
 judiciary action against the treasury ; examination and solution of diffi- 
 culties which may arise in the interpretation and application of the 
 laws concerning matters in dispute; prosecutions for debt against 
 receivers, paymasters, various accountants and furnishers ; loans to 
 commerce and to industrie ; advances to railroad companies and to asso- 
 ciations ouvriercs ; personnel of advocates, solicitors, notaries and other 
 ministerial officers attached to the treasury, and regulation of their 
 expenses and fees. 
 
 2d Bureau. 
 
 This is in charge of a head clerk, (chpf.) 
 
 Functions. — Defence of actions brought against the treasury; recep- 
 tion and annulment of caution money in State stocks and real estate ; 
 execution of the law of September 5ch, 1807, relative to the privileges 
 and mortgages of the treasury on»the property of accountants ; prose- 
 cutions for debt against the various contractors and adjudicators of 
 works ; against the registration collectors, and the collectors oF postage ; 
 indirect taxes and customs; against officers and sous offiders ; effets 
 divers, traites, coupes de bois and douanes ; arrears due for board and 
 tuition from the pupils of the public schools ; correspondence relative 
 to information to be given to the former colonists of St. Domingo ; 
 keeping of the books of the judiciary agency, archives, st^te of indi- 
 vidual accounts, annual accounts of debit and credit. 
 
3d Bureai^. 
 This is in charge of a head clerk, conservateur of attackmeti^' 
 
 Functions. — Examination, reception, and cmnulment of attachments, 
 and notices of conveyance and judgments, relating to the treasury ; 
 delivery of extracts from writs of attachment and certificates of non- 
 opposition,; i»«aof all the orders and draftspn the central paymaster by 
 sul the ministers, or their delegates ; attachments of State stock, ai|d; 
 pensions in cases authorized by the law ; attachments of caution money 
 payable either in Paris or in the departments. 
 
 The counsel of the. judiciary agency consists of two advocates, two 
 assistant advocates, two, solicitors, one attorney, and one notary. 
 
 DiirectJm. of the :'^ mouvement general" o^. the /itnds. 
 
 This is under the direction of an inspector general of finances, who 
 is.cAttrge of the direction. 
 
 Functions. — The state of the resources and wants.of the public treas- 
 ury, and the application of the receipts to the public expenses through- 
 out the extent of the empire. 
 
 The execution of the orders of the ininister of finances relative to 
 negotiations, loans, emission of tireasury certificates, and other public 
 efl^cts,; thp direction of^viremc^s, aiid. of transport of money, bills, &c., 
 according to the needs of the paying service at Paris and in each de-- 
 partment. ^The regulation and account of the expenses of negotiation 
 and of service. Keeping, of the accounts current of the receivers gen-, 
 er,£j.l; an4 other correspondeuts of ther public treasury, and the, re^ar 
 tion of interest, and commissions allowed on the deposits, remittances, 
 &c., which are presented to them. Preparation for the monthly-distri- 
 bution of funds between the departments, according to the decrees, of 
 the Emperor, for the employment of the cr^edits legislatifs. The rqcepr 
 tion, registration, visa, and putting in the way of payment of minist^^. 
 orders ; transmission of authorization fpr payment, assignation of the 
 necessary funds for the service of the paymasters and for the stthvenliom 
 called for by the collectors of the administrations of finance. Author- 
 ization of receipts and expenses, and for di'awing funds from the central 
 caisse of the public treasury. Sale and purchase of State stocks^ on 
 account of inhabitants of the' departments, in execution of the law of 
 14th April, 1819. The statutes and personnel of the .directors and sub- 
 directors of the national discount comptoirs, sous comptoirs, and magaz^s 
 publics de dep6t. 
 
 Central Bureau. 
 This is in charge of a sub-director, charge of the bureau. 
 
 Functions. — Reception of dispatches on their arrival ; archives ; gen- 
 eral correspondence; service at Paris; monthly distribution of funds 
 to the ministerial departments ; preparation of decrees and decisions ; 
 personnel and maienw of the service of the treasury of the. armies, and 
 
APPENDK. 27JL, 
 
 of Algiers; au^o^zations a la cwase; sale and pufchase.of S^iate sjoc^^^ 
 on, the account of inhabitants in the departments; service of banks. 
 aiid savings banks ; nfigotjations, loans, emission of bills and certifi- 
 cates, following up of the reports of the inspectors of finances ; affaiirs^ 
 reserved by the director ; supervision of the national comptoirs of dis- 
 count ; examination and comptrol of the accounts rendered of opera-, 
 tions ; authorization of dividends ; constitution of branches of the wiizgo- 
 3m publics de dep6t. 
 
 Bureau of' paying orders. 
 
 This in charge of a head clerk, {chef.) 
 
 Functions.- — ^Registration, and orders of payment delivered by the 
 ministers ; payment of these orders from the proper funds ; periodical 
 memoranda ; advice on various questions. 
 
 Bureau of Instructions. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — Administrative correspondence on the affairs of the exte- 
 rior service ; orders to be given to receivers general and payoiasters ; 
 instructions to these officers and to the paying treasurers of Algiers ; 
 supplying the caisses de reserve; authorization to the receiver general for 
 orders on the central caisse, and for the encaissement of sutns paid in on 
 account of the receivers general. 
 
 Bureau ofcarrespondence relative to the regulation of accounts current. 
 
 This is in charge of a chef. 
 
 Functions. — Special correspondence relative to the accounts current 
 of the receivers general. 
 
 AccowUs and accounts-current. — Bureau of account-books general. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Accounts and accounts-current ; examination and sorting 
 of the correspondence ; keeping of the journal and of the great account 
 book, with its developyements ; account of the expenses of negotiations; 
 periodical summaries of the account books ; daily state, and state every 
 ten days of the accounts of the receivers general and comptrol, -par na- 
 ture d'operation; calculations for loans and other negotiations of the 
 treasury ; general tabular statements ; liquidation of the interest of the 
 floating debt and the expenses of the treasury. 
 
 Bureau of aujiliary account hooks. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Keeping of the journals giving the particulars as to tlie 
 ajBounts of drafts and the time they fall due ; service of the transport of 
 money (silver and gold) from the departments to, Paris, from Paris to 
 
272 APPBNDDt. 
 
 the departments, and from one department to another ; expenses of 
 transport; journals of the issue and of the payment of drafts from the 
 central caisse on the receivers general, and the drafts of the receivers 
 general, and other correspondents of the treasury, on the central caisse; 
 memoranda of notes payable and paid; verification of accounts; special 
 journal of the vircments of accounts between the receivers general- 
 
 DlEECTION OF THE INSCRIBED NATIONAL DeBT. 
 
 This is in charge of a director and a sub-director. 
 
 This direction embraces the administration general of the funded 
 debt; the cautionnementi and pensions, whether from the general funds 
 or the reserved funds; the liquidation of interest, of premiums, and of 
 the sinking fund, {amortissemenl,) of loans effected for the public works. 
 It is composed of five bureaux. 
 
 Central Bureau. 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Interpretation and application of special laws concerning 
 the inscribed stock, and also the jurisprudence of regulations and decis- 
 ions relative thereto; preparation of the correspondence to be signed by 
 the minister on these various subjects, and tor those hereafter men- 
 tioned, viz: General questions and reserved affairs; supervision of the 
 execution of regulations relative to stock brokers; administrative im- 
 pediments; comptrol of loans; consolidations; comptrol of operations 
 in what is called departmental stock, and verification of the annual ac- 
 counts of receivers general to be presented to the court of accounts for 
 this same stock ; renewing and replacing extracts from the inscription ; 
 riCablissement des rentes non tiageres parlees aux portions nan reclumees et 
 fraj^ecs de la prescription quinquennale, (re-establishment of life interests 
 presumed to be extinguished ;) preparation and preservation of the al- 
 phabetical repertory composing the "double" of the great book; re- 
 searches and verifications as to the origines majorats, special laws, and 
 correspondence relative to these subjects; central accounts; budgets 
 and annual accounts of the inscribed debt; periodical statements and 
 demands for ordonnancement. 
 
 Bureau of the great book, {Grand Livre.) 
 This is in charge of a head clerk, who is an agent comptable, 
 
 jFwnciioMS.-r-Inscription of life interests and others created in virtue 
 of law; daily transactions recorded in the great book,: and transmis- 
 sion of extracts from the inscription of stock payable to order and to 
 bearer; keeping of accounts opened with the receivers general and 
 with the public and other establishments ; powers of attorney and quit- 
 tances viseps ; work preparatory to the settlement {ordonnancemenf) of ar- 
 reaa-s and accounts; tabular summaries according to the nature of the- 
 
APPENDIX. 273 
 
 Stock; nominative bulletins to serve for the comptrol of the payments ; 
 account of additions and reductions to be rendered to the court of ac- 
 counts. 
 
 Bureau of transfers and '^mtiiatwis." 
 
 This is in charge of a head clerk, who is an afrent compiable. 
 
 Functions. — ^Examination of demands for transfer; preparation of 
 certificates to be transmitted to the bureau of the great book to serve 
 as titles to new entries ; delivery of extracts firom new inscriptions, pay- 
 able to order or to bearer; preparation of the account of transfers and 
 rmdations to be presented to the court of accounts ; examination of cer- 
 tificates of property, and of other documents having for object mutations, 
 reunions, divisions, changements of quality, &c., &c. ; prepaiation of cer- 
 tificates to be sent to the bureau of the great book, to serve as a basis 
 to the new entries. 
 
 Bureau of pensions. 
 
 This is in chargie of a head clerk, who is an agent comptable and a 
 cJief-adjoint. 
 
 Functions. — ^Application of the legislation relative to pensions to be 
 inscribed on the books of the treasury ; liquidation of civil pensions to 
 be submitted to the committee on - finance ; revision of pensions, miU- 
 tary and civil, firom the general funds ; reversions to widows and 
 children of former donataires dispossessed, and to widows of the vete- 
 rans of the camps of Alexandria and of Juliers ; inscription of pen- 
 sions given as a national recompense; giving orders of payment for 
 pensions of every description inscribed on the books of the public trea- 
 sury, and of assistance for life, accorded to former mililaires ot the repub'^ 
 lie and of the empire, in execution of the decree of 14th December, 
 1851 ; execution of the general regulations of January 12, 1852, on the 
 retiring pensions of functionaries and employes of the department ot 
 finances ; and of the special regulations applicable to the employes ot 
 the gr^e, and to the secretaryship of the court of accounts, and to the 
 caisses d'amortissement, and of the depots and consignations, of the former 
 chamber of peers; and to the couriers des pastes; liquidation of pensions 
 and reversions from the reserved funds ; presentation to the committee 
 of finances ; inscribing names of new pensioners ; preparation of brevets ; 
 payment of arrearages ; reports, correspondence, and instructions ; ac- 
 counts ; and accounts to be rendered to the court of accounts and the 
 committee on accounts. 
 
 Bureau of " Cautionnements." 
 
 This is in charge of a head clerk and assistant, (chef and sous-chef.) 
 Functions. — ^Application of special legislation, and of ordinances or 
 decisions concerning the cautionnements in cash, and the privilege of sec- 
 ond order accorded to baiUeurs de fonds ; immatricule des cautionnements 
 nouveaux ; delivery of certificates of inscription in the names of the 
 titidaires, and of certificates of privilege to bailleurs de Jonds; prepara- 
 tion of the annual tables of payment of interest and of reimbursement 
 of capital ; correspondence and accounts. 
 18 
 
274 appendix. 
 
 Direction of the General Financial Accounts. 
 This is in charge of a director and a sub-director. 
 
 Functions. — The maintenance, in all the accounts of public property, 
 of a uniform system of book-keeping ; centralizing their results ; prepa- 
 ration of general accounts; following -the movements, and comptroUing 
 the daily'proceedings of all the account departments connected with the 
 ministry of finance ; watching over the recovery of the impost duties ; 
 and all suits in connexion with the direct taxes. 
 
 This direction also brings together, in one statement, the elements of 
 the diflferent accounts respecting the revenues, the expenses, and the 
 operations of the treasury, and arranges the results with a view to estab- 
 lish, at specified epochs, the state of each account, the condition of each 
 part of the service, the table of receipts and expenses of the budgets, 
 and the general -situation and annual account of the administration of 
 finances. It is also charged with all the works relative to the presenta- 
 tion of the general budget of the State to the corps legislatif, and of the 
 laws for supplenientary credits,' and the definitive regulation of each 
 year's accounts, i*^' - ■ •• 
 
 It verifies and transmits to the court of accounts the individual account 
 of all the financial clerks, joining with them the special account of ope- 
 tions for the transfer of funds, and the summaries general which serve 
 as a basis for the comptrols presented by the ordinance of July 9, 1826, 
 and to the declarations by which the court certifies the conformity of 
 the results of its decrees on individual accounts, with the accounts ren- 
 dered by the ministers. 
 
 Each year it places before the committee instituted by ordonnance of 
 December 10, 1823, the necessary documents to arrange the accounts 
 general 9f finances, and sees that they accord with a:ll the elementary 
 comptaUlities of the ordonnateurs and the accountants. 
 
 This direction is also charged with the supervision of the municipal 
 accounts and caisses, those of the hospitals, depots de mendiciie, and other 
 public establishments. 
 
 Central Bureau. 
 
 This is in charge of a sub- director, and a head clerk, (chef.) 
 
 Functions. — Journal and great book of the general accounts of the 
 finances ; periodical situations, and annual accounts of the administra- 
 tion' of finances ; relations with the central account department of the 
 different ministerial departments ; work relative to the preparation of 
 laws on finances, and of the tableau d I'appui.. 
 
 Preparation of the materials, and following up the work concerning 
 the comptrols presented by the ordonnances of December 10, 1823, 
 and. July 9, 1826; surrender to the court of accounts of the special 
 account of operations established by virement d^ecritures. 
 
 Bureau of the collection of direct taxes, and of the accounts of the collectors 
 in the communes and public establishments. — General affairs. 
 
 This is in charge of a head clerk, {chef.) 
 
APPENDIX. 275 
 
 Functions. — Supervision and direction of the service of collection, and 
 of prosecutions in relation to direct taxes ; accounts of the communes 
 and of charitable establishments ; liquidation of the remisses of collectors, 
 and regulations of tariffs ; examination of questions relative to the respon- 
 sibility incurred by accountants in consequence of the robbery of funds, 
 of balances, and on account of the non-fulfilment of contracts for cutting 
 wood in the forests ; and other engagements of the State, of which they 
 have to see to the realization. — General affairs. 
 
 Bureau of the accounts of the receivers of finances. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Comptrol of the management of the receivers general and 
 particular of finances; verification of their account books, of their annual 
 accounts, and of their vouchers; correspondence and instructions on the 
 various services which are confided to them. 
 
 Bureau of the accounts of colonial treasurers and payers. 
 
 This is in charge of a head clerk, {chef.) , 
 
 Same functions as preceeding bureau, as far as concerning colonial 
 payers and treasurers. 
 
 Bureau of the accounts of the regies and financial administrations. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — The same, as the two preceding bureaux, in all that con- 
 cerns the agents convptables of the regies and financial administrations. 
 
 Service of the central faying cashier of the -public treasury. — Central caisse. 
 
 This is in charge of a central sub-cashier, substitute , for the central 
 cashier. 
 
 Functions. — The central caisse of the public treasury is charged with 
 the receipts and expenditure of the public treasury ; it is also charged 
 with the emissions and conversions of valeurs, which, concern the ser- 
 vice of the treasury ; it sends mandats on all the departments in ex- 
 change for funds which it has received; it pays, on account of the 
 receivers general the drafts which they have been authorized to draw 
 on the treasury ; receives deposits on interests which are offered to it, 
 and which it is authorized to accept; it delivers acknowledgments 
 for all the receipts made at Paris, and for all the moneys which are 
 sent to it. The receipts and the valeurs should be vised immediately at 
 the comptrol of the caisse. The cashier is responsible for the opera- 
 tions made by agents placed under his orders, and is alone responsible 
 before the court of accounts. 
 
 The operations of the central caisse are divided into sub-caisses and 
 bureaux, as follows : Receipts in money against acknowledgments ; 
 treasury bonds, and grants on the departments ; payments for the ser- 
 vice of the treasury ; portfeuille of the public treasury titles ; money and 
 public stocks deposited for cautions ; receipts for money due on depart- 
 mental debts in Paris, and on those to be paid in the departments ; 
 accounts. 
 
276 APPENDIX. 
 
 Central Expenses. 
 
 This is under the charge of a central sub-payer, substitute for the 
 central payer. 
 
 Functions. — The payment of all the expenses of the budget payable 
 at Paris, whether on orders direct from the departments, or orders of 
 payment from the various secondary ordonnateurs to ■which the ministers 
 delegate funds." 
 
 The payment of perpetual rentes of every description; of life rentes 
 of every cla'ss ; of civil and ecclesiastical pensions ; of the ex-peerage ; 
 of donataires ; of soldiers ; of soldiers' widows ; and of national recom- 
 penses. ' ' 
 
 The work of comptabilite for the bordereaux and tables of payments- 
 to be furnished to the divers ministers ; to the secondary ordonnateurs ; 
 for the ordonnateurs of the comptahilite ginerale of finances; for the cur- 
 rent accounts, and also for the definitive account to be rendered at the 
 end of each year by the central payer to the court of accounts. 
 
 » ■, , Central, Bureau q,nd accounts. 
 
 This in charge of a sous-chef. 
 
 Bureaux for payment of Public Debt. 
 
 Depot of inscription of stocks (rentes) avant Crecheance,; payment -of 
 interest ; payment of pensions. Sixteen sub-payers. 
 
 Bureaux for payment of the expenses of 'the Departments of Government. 
 
 Functions. — ^Payments on orders of the ministers ; on orders of milir 
 tary intendants and «ows-intendants, directors of artillery, of,: engineers, 
 of fortifications, &c.;.of the prefect of the department of the Seine ; of 
 the prefect of police ; and of divers firiancial,Ldirec1;ors and administra- 
 tors. 
 
 Five sub-payers, viz: Two for the department of finances; one for 
 the departnent of war, comprising four bureaux; and. one for the 
 departments of foreign affairs, public instruction, and the service of 
 wprship ; and one for the secretary of slate and the department pf the 
 marine, composing the second bureau. 
 
 Division of Comptrol General. 
 Execution of Articles 1, 2, 4, 5, (fthe Law of April 24, 1833. 
 This is in charge of a controleur and a controleur central — Adjoint. 
 
 This comptrol is exercised by the medium of agents delegated by 
 the chefde service to sub-cashiers of receipt and expenses; to the 
 bureaux of payment open to the public ; and to the agents gomptables of 
 the inscribed debt. 
 
 The duties of the control are : 
 
 1st. To state, {contradictoirement,) after having seen to their regu- 
 larity, all the receipt-s and expenses of the central cashier, and the 
 various operations of the caisse which concern the public treasury ; 
 
APPENDIX. 277 
 
 2d. To verify and be assured that the payments made by the c'entral 
 paying cashier for the service of public expense were legally made, 
 whether by ordonnance, mandat de Vordmmateur certificate, of inscrip- 
 tion, or some document in place of these, constituting a claim against 
 the State; - ' • 
 
 3d. To see that every certificate of inscription on the books of the 
 public debt, stocks, pensions, cautionnements, Sec., ' results either from 
 the grant of a right to this inscription, or for the exchange of a title 
 previously annulled : 
 
 4th. To prepare a tabular summary of the operations of the treasury, 
 to be submitted every evening to the minister, and to state {cdntradic- 
 toitement) the balance materially recognized in the cause of the treasury, 
 of which a'key remains in the hands of the comptroller central. 
 
 Isl section. Comptrol of the daily receipts and expenditure of'the 
 came of the treasury ; visa of the recipisses souscrils, and the bills issued 
 for the service of the treasury by the central cashier; intervention aux 
 procis verhavx d^ expedition de fonds awe, comptable» exterieurs ; sunimary 
 of operations, and situation contradictoire remitted each evening to the 
 minister ; declaration of conformity of the annual account rendered to 
 the court of accounts, with the resume of the acies of accountants. 
 
 2d section. Comptrol of the payment at Paris of the expenses of the 
 departments, and of the public debt ; application of the new disposi- 
 tions regulated by the decree of 9th November, 1849, for the payment 
 of rentes ; elements of the justification of expenses, produced before the 
 court of accounts, in place of etats d^arrerages swpprimes ; daily state- 
 ment for the minister of payments contradictoirement constate. 
 
 3d section. Control and visa of certificates of inscription of stock on 
 the great book ; of certificates of inscription of pensions payaible from 
 the funds of the State ; and for the reserved funds of the department 
 of finance; control and ma of certificates of inscription of caM^iowTie- 
 ments and of certificates of privilege of the second order, delivered to 
 the laUleurs de fonds ; visa for the reimbursement of these litres after the 
 existence of the debt, contradictoirement constatee; resume of these divers 
 operations sent every day to the minister ; at the end of the year com- 
 munication of the general results to the commission for the verification 
 of accounts of the finances. 
 
 Administration of Direct Taxes. 
 This is in charge of a director. 
 
 Bureau central and du personnel. 
 This is in charge of a sub-director. 
 
 Functions. — General supervision of the service ; centralization and 
 examination of all the work executed in the division ; opening, regis- 
 tration, distribution, and forwarding of dispatches, works of expedition, 
 furniture of bureaux, &c. 
 
 Preparatory work for appointments, changes, dismissals, and disci- 
 plinary measures ; examination and verification of notes relative to the 
 agents of the departments ; reports of the inspection general of finances ; 
 work concerning the admission of postulants ; the concoufs for the sur- 
 
278 APPENDIX. 
 
 numerariat and the examination of the supernumeraries ; liquidation of 
 salaries ; indemnity for expenses of bureaux for the directors ; for the 
 expenses of the circuits of inspectors and comptrollers, and for the 
 missions given to supernumeraries. 
 
 Conges, retiring pensions, assistance to widows and orphans of em- 
 ployes, &c. 
 
 Bureau du Department et du Cadastre. 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Constaiation des mouvements de la matiere im/posdble ; collec- 
 tion of the material necessary for the formation of the budget of re- 
 ceipts, so far as concerns direct taxes ; preparation of legislative hills, 
 and of circulars and instructions ; apportionnement of taxes foticiere, 
 mobUiere, and personnelle, and on doors and windows ; examination of 
 deliberations of the conseils de repartition ; examination of applications 
 of municipal and general councils for authorization to leVy extraordi- 
 nary imposts; statistical and other labors for the improvement of the 
 hoses of direct taxes. 
 
 Supervision of work connected with land surveying and appraise- 
 ment ; service of cadastral mutations and cadastral accounts ; exami- 
 nation of reports^of the inspection geheral of finances, and of the special 
 verifications of the cadastre ; fixing of the patent charges, {droits de 
 patente ;) verifications of plans leves by the comptrollers ; supernumera- 
 ries and candidates to the supernumerary. 
 
 Bureau of Assessment and matters in dispute. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Collection of the necessary facts for the formation of the 
 budget of expenses concerning direct taxe& ; work relative to the 
 preparation of the matrices and roles of the four kinds of direct taxes, 
 and of the taxes des biens demain morte ; also of the compensation for the 
 verification of weight and measures, and of the prestation en nature hi 
 parish roads, of the redevance of mines, and of the expenses of chambers 
 of commerce and bourses of commerce. 
 
 BMes specieux dHmpositions locales ; tables of the sum total of the roles ; 
 tables of taxes unduly assessed, and of taxes irrecoverable; examina- 
 tion of the tables of allowances, reductions, remissions, &c., &c. ; ex- 
 amination of the proces verhaux of losses ; reimpositions ; distribution 
 of the funds of non-vqleursj accounts, relative tojeductions, &c. 
 
 Examinations as to claims and other contentious affairs in the matter 
 of direct taxes ; appreciation of the decrees rendered, in the first in- 
 stance, by the councils of the prefectures : appeals to the council of 
 state ; correspondence relative to disputed atfairs. 
 
 Agents attached to the central administration of the Department of Finances, 
 
 viz : 
 
 1 Agent de change of finances. 
 
 1 Architect, having charge of the moveable effects of the department. 
 
 1 Physician. 
 
 i Second physician. 
 
 1 Third physician. 
 
APPENDIX. 279 
 
 Committee created by the law of June 29, 1835, for the liquidation and ad- 
 ministration of the caisse de veterance of the old civil list of Charles X. 
 
 This committee is also chai-ged with the distribution of assistance 
 accorded, as a gratuity, to the pensioners of the civQ list of Charles X. 
 
 This committee consists of a president, secretary, and fourteen other 
 members. ' 
 
 The bureau of the commission is under the charge of a head clerk, 
 {chef.) 
 
 Direction General of the Post Office. ' 
 
 This is in charge of a director general and ten administrators. ■..■-. 
 
 Cabinet of the Director General. 
 
 This is in charge of a private secretary. 
 
 Functions. — Opening and analysis of dispatches addressed to the 
 director general, and transmission of these dispatches to the bureaux 
 which they concern; affairs reserved for the private examination of the 
 director general. 
 
 Bureaux placed under the immediate orders of the Director General. — Bu- 
 reau of 'personnel. 
 
 This is in charge' of a head clerk, (chef.) 
 
 Functions. — Reports, notes, and correspondence relative to agents of 
 the post office ; presentation for vacant situations in Paris and the de- 
 partments ; and nomination of agents of every grade ; constatation of 
 the services of post office agents ; work preparatory to the liquidation 
 of retiring pensions ; assistance to agents of every grade in Paris and 
 the departments, (postmasters and postillions excepted ;) also to their 
 widows and orphans ; work relative to caution money. 
 
 Central Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^Registration of the deliberations of the council, and de 
 livery of ampliations ; care of the archives. 
 
 First Division. 
 This is in charge of an administrator. 
 
 1st Bureau. — Interior correspondence. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Organization of the services en malles and ^ar erUreprises; 
 tariffs; geological works. 
 
280 
 
 APPENDIX. 
 
 2d Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^Preparation of conventions and treaties with foreign of- 
 fices ; correspondence relative to their execution. 
 
 . '3d. Bureau. — Inspection and reclamations. 
 
 This is in charge of a head clerk, (cAe/I) 
 
 Functions. — General supervision of the service ; mouvement of the em- 
 ployes of all grades ; following up of the reports of the inspection gene- 
 ral of finances, and of the inspectcffs of post ofiices ; researches and 
 correspondence, rela^tive to the reclamation of journals and letters. 
 
 4ih Bureau. — FranMng, contraventions, and rural service ; expen es of the 
 personnel iri the departments. 
 
 This is in charge of a head clerk, (chef.) , .-. . > 
 
 J\i?icftoMs;-^Correspondence relative to fi^anking and countersigns; 
 prosecutions in case of the fraudulent transport of letters ; postal es7 
 ta.blishments ; house distribution ; various salaries and mdemnities in 
 the departments ; organization and supervision of the rural service. 
 
 5th Bureau.— ^Verification of products. 
 
 {This is in charge of a head clerk, (chef.) 
 
 Functions. — ^Verification of documents relative to products of every 
 description. ' 
 
 6th Bureau. 
 
 This is in charge of a head clerk^, {chef.) 
 
 Functions. — ^Examination of dead\ letters and non-mleurs of every 
 kind ; attention to reclamations of all descriptions. 
 
 Second Division. 
 This is in charge of an administrator. 
 
 Xsf Bureau. — Relays. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Creation and suppression of relays ; fixing of distances ; 
 wages and indemnities to postmasters, (post horse-keepers ;) assistance 
 and pensions to postillions ; supervision of the service of relays ; pre- 
 paratory work relative to the appointment of relay agents ; service of 
 couriers {estqfettes) of the government. 
 
 2d Bureau — Transport of dwpatches* 
 This is in charge of a head clerk, {chef) 
 Functions. — Adjudication and supervision of services par enterprises 
 
APPENDIX. 
 
 281 
 
 (by contract;) contracts for the construction and maintenance of post 
 coaches {malles pastes) and other carriages employed by the administra- 
 tion for the transport of dispatches ; supervision of this materiel; liqui- 
 dation of expenses relative thereto ; administrative service of couriers ; 
 supervision of the service of the steamboats of the admimstration in the 
 Channel ; and of the execution of the provisions as to the charges an- 
 nexed to the charters of postal service in the Mediterranean ; liquida- 
 tion of expenses relative thereto. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — ^Preparation of the budget ; ordonnancement and verifica- 
 tion of expenses ; detaxes and reimbursements of sums overpaid. 
 
 4th Bv/reau — Materiel. 
 
 This is in charge of a head clerk, (ekef.) 
 
 Functions. — Materiel and printing ; care and maintenance of buildings 
 and moveable effects ; preparation of treaties with furnishers ; care and 
 preservation of archives ; work relative to the service of postage stamps. 
 
 5th Bureau. 
 
 This is in charge of a head clerk, (chef.) 
 
 :F«»K;ftoMs.--^Supervision and general accounts relative to the service 
 of silver articles and money, whether at Paris or in the departments ; 
 correspondence relative to the service. 
 
 * Active service of exploitation. 
 
 This is in charge of a chef de service. 
 
 Bureau of departures and arrivals. 
 
 This is in charge of a head clerk ( chef) and three assistants, chefs 
 cLdjomts. 
 
 Functions. — Reception and opening of mails on their arrival ; making 
 up of mails ; work relative to letters passing through Paris ; reception 
 and elaboration of letters, journals, printed works, &c. ; d affranchir d 
 charger, ou a reeommander a destination des dSpartement et de I' Stranger; 
 loading and unloading of carriages used for the transport of mails; con- 
 statation of the hours of departure and arrival ; daily circuit of couriers, 
 chargeurs and commissionaires des cours. 
 
 Bureau of distribution of letters in Paris. 
 
 This is in charge of a head clerk, {chef) two assistants, {chefs adjoints,) 
 and four inspectors. 
 
 Functions. — General distribution of letters from and for Paris ; frank- 
 ing of letters for Paris and the departments ; reception and dispatch of 
 couriers, {estafettes.) 
 
282 APPENDIX. 
 
 Section for franking of journals and other printed works for the de- 
 partments, for foreign countries, Paris and the banlime. — ^In charge of a 
 head clerk, {chef.) 
 
 Section for franking and for registered letters for the departments, 
 foreign countries, Paris and the banlieue. — In charge of a sous-chef. 
 
 Section of the paste restante and for the distribution of registered let- 
 ters. — In charge of a sous-chef. 
 
 Section of dead letters and of reclamations for Paris. — In charge of 
 a chef. 
 
 Functions. — Reclamation of letters from and for Paris ; research after 
 and transmission of reclaimed letters. 
 
 Cash bureau, (bureau de la caisse.) 
 
 This is in charge of a head clerk, (cAe/".) At this bureau are paid the 
 drafts for money orders and for articles'in silver, &c. ; such, articles are 
 also deposited at this bureau, and here, also, is paid the price of places 
 in the maU coaches. 
 
 i., ,. Post horses. 
 
 This is in charge of a maitre de poste. 
 
 Inspectors of post offices in the departments. 
 
 The service of exploitation in Paris consists of a principal inspector 
 and six assistant inspectors. In the departments it consists of an in- 
 spector for each department. 
 
 Serviee of the treasury and of the posts in Algiers. 
 
 JProvince. of Algiers. , 
 
 One paying treasurer, director, and twelve payeurs ofdifferent kinds. 
 
 Province of Constantine. 
 One paying treasurer, director, and eight payeurs of different kinds. 
 
 Province of Oran. 
 . One paying treasurer, director, and six payeurs of different kinds. 
 
 id 2.) 
 Administration of Forests. 
 
 This is in charge of a director general, who is president of the coun- 
 cil of administration, and ten members of the council. 
 
 Bureau central and of the personnel. 
 
 This bureau is under the immediate orders of the director general of 
 the administration, and is in charge of a head clerk, {chef. 
 
APPENDIX. 
 
 283 
 
 Functions. — Opening, registration, distribution, and transmission of 
 dispatches ; appointments to the places of agents and forest collecting 
 officers of the active and sedentary service ; concours for admission to 
 the imperial forester school ; advancements, mutations, conges, interims, 
 special missions, authorizations to appraisers, &c. ; gratuities and as- 
 sistance ; notice of the death of legionnaires and pensioners ; furniture 
 for the bureaus and works for the library ; preparation of the minutes of 
 the deliberations of the council of the administration ; work growing 
 out of these deliberations ; re-partition entre les agents des operations d'ar- 
 pentage et de rearpentage, de balivage et de recolement ; examination of the 
 reports of the general circuit of the conservateurs of the accounts of the 
 management of the chief agents of the service, of the reports of the 
 inspection general of finances, of the deliberations of the general coun- 
 cils of the departments ; preparation of circulars and general instruc- 
 tions ; direction of the studies of the ecole imperiale forestiere concours of 
 aspirants to the grade of garde general adjoint; forest statistics ; infor- 
 mation to be furnished to the senate and the corps legislatif ; distribution 
 among the conservateurs of indemnities relative to the forest circuit and 
 the circuit for sales ; affairs reserved to the director general of the ad- 
 ministration. 
 
 First Division. 
 Administrator. — 1st Bureau. 
 
 In charge of a head clerk, {chef.) 
 
 Functions. — Civil affairs ; questions of property and of servitude ; 
 administrative and judiciary instances ; cantonnements d^usagers ; repur- 
 chase of the rights of pasturage, &c. ; exchanges; divisions; affectations; 
 ceding of lands encroaching upon the borders of the forests ; depaissance 
 de betes d laine dans lesforets grevees de droits d^usage; affairs of the former 
 compte oi Dabo ; locations de vides,ou de pdturages et tolerances dans les 
 forSts domanitdes; payments d^honoraires hors taxe. 
 
 2d Bureau. 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Correctional instances ; appeals, pourvoirs en cassation ; 
 abatement and commutation of sentences pronounced against delin- 
 quents and forests collectors ; measures to be taken against insolvents ; 
 divers tables relative to the suppression of offences, fires, and con- 
 structions vnthin the prohibited distanpp ; creation and suppression of 
 places (empZois;) changes in the circumscriptions of forest arrondisse- 
 ments : mise en disponiMite; descents en grade ; revocations, mises en-Juge- 
 ment; liquidation of retuing pensions ; indemnities, &c. ; interims, mis- 
 sions, and extra works ; franks and countersigns. 
 
 Portfolio of charges relative to hunting; amodiations ; cession de baux. 
 Portfolio of charges for fishing licenses ; amodiations; indemnities claimed 
 
284 jLPPENmx.. 
 
 by farmers for interferenee with their legal rights, {trouble dans leur 
 jouissance,) resSiation de baux ; jlottabilite and navigability of rivers ; 
 modification of local regulations of the fishii^ prace ; attending to 
 these affairs before the tribunals or the council of State. 
 
 3d Bureau. 
 This is in charge of a head Clerk, (c/te/".) 
 
 Functions. — ^Employ of fiinds destined for works ofiamelioration, seed 
 plants, fencing, sawing, &c.,&e.; subventions for departmental roads, 
 parish roads, &c.; verification of estimates; payment of architects and 
 contractors ; examination of monthly tables setting forth the use made 
 of public funds placed at the disposal of conservateurs. Cessions and 
 exchanges of land for the establishment of roads ; acquisition of various 
 real estate to add to the domanial forests. Locations of houses or 
 works; restoration to the administration of domains, of buildings use- 
 less to the forest service. Service of gwrdes cantanniers; concession, de 
 menus products mayennant des prestations en nature; dead leaves; quarries, 
 &c. Sale of materials, boundaries, &g. Amenagements (paftie d'art ;) 
 plans and charges of amenagement ; verification des arpentages and des 
 rearpentages de coupes; examination'of reports as to the employ' of their 
 time by: the agent^ charged with works of art. 
 
 Second Divisioisr. 
 
 In charge of an administrator. — 1st Bureau. 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Amenagements ; ordinary and extra felling ; extraction of, 
 dead, damaged, and decaying trees ; cleaning up ; lopping, cutting 
 down to the ground, assorting, balivage and martelage; exploitation by 
 entreprises, or by economie ; measuring; application to the surveyors of 
 the 52d article of the forest code — dilivrances usageres; deliveries to the 
 haras, to the crops of military engineers, the department of;bridges,and 
 roads, to the custom house, &c., &c. Cutting down trees for the pur- 
 pose of opening roads ; forest regime; soumissions et distractions; drain- 
 ings, alienations, exchanges, &c., &c., of the woods of the communes 
 and public establishments. Indemnities and gratuities to riverains 
 (persons living in forests) and other persons who assist in extinguishing 
 fires in the forests. ■-•;-. 
 
 2d Bureau. 
 
 In charge of a head clerk, (chef.) 
 
 Functions. — ^Portfolio of general and paifticular charges, and instruc- 
 tions as to the sale of wood cut in the forests ; demands for reduction 
 of price ; questions relative to foUes-encheres, to restorations, to the pay- 
 ment of contracts, and the expenses of adjudications, of stamps, and of 
 registration ; ndses en charge sur les coupes communales ; sales by retail 
 and on the spot ; adjudications for long periods in the forests of Cor- 
 
APPENBEC* 285 
 
 sica ; extraction of resin ; ecorcages de chines, liiges ; sales of trees 
 blown down, &c. ; indemnities for delays in the delivery of permis 
 d^ exploiter, and for tris de reserves-; depaissance in the forests not subject to 
 the droits damage ; locations of lands ; temporary passages, and other 
 tolerated privileges in the woods of the communes, and other public 
 establishments ; principal and accessary products of the forests ; ex- 
 penses of the administration of these woods ; applications for the drain- 
 ing of woods which: are private property ; woods held as apanage, &c., 
 &c. ; choice in applications for the establishment of fiaf napes', and on 
 ap|}lications for the importation and exportation of forest products. De- 
 liverances de hois mis en charge sur les coupes pour le chauffage des preposes 
 foresUcrs ; clothing, equipping and armament of the preposes, (col- 
 lectors.) Verification oihsigsctas,fourrdtures, reparations of tools, &c., 
 &c ; sale of useless papers. 
 
 Zd Bureau. 
 This is in charge of a head clerks {chef.) 
 
 Functions. — Formation of budgets ; applications for sujpplementary 
 grants of public funds ; applications for the annulment of^ grants from 
 public funds ; monthly statements of the salaries of functionaries and 
 employes of the central administration, of the forest school, and of the 
 agents and collectors of the exterior service ;, expense of law suits in 
 civil matters ; expense of prosecutions tombes en non-valeur, of seques- 
 trations, transport of forest prisoners, demolitions, &c., &c. ; expense 
 of correspondence, printing, surveying, Sec'., &c. Taxes paid for the 
 maintenance of parish roads ; monthly statement to be addressed to 
 the minister. Application for fimds judged necessary for the service 
 of each month ; keeping of the accounts of expenses pstid on orders 
 firom the director generp.1. Tables to be prepared relative to the peri- 
 odical accounts. Tables to be prepared of individual accounts to be 
 paid at the expiration of each term, &c., &c. 
 
 Temporary Bureau of ALiemitifins. 
 This is in charge of an inspector, an advocate, and pno engravers. 
 
 Imperial Forest School. 
 Estahlished at Nancy. 
 
 In charge of a director, four professors, and two inspectors of 
 
 studies. 
 
 The nature of this school is indicated by the name. There are thirty 
 forest arrondissements, or districts, each under the charge of a comer- 
 veur, who has associated with him, in some instances, a sub- 
 inspector. 
 
286 APPENDIX. 
 
 {d3.) 
 Committee on Coins and Medals. 
 
 This committee is charged : 
 
 1st.. With judging the title and weight of money coined, and with the 
 supervision throughout France of the execution of the monetary laws, 
 the coining of money, and the assaying of works in gold and silver, also 
 with the making of- monetary coins, and the test-dyes (poingons de la 
 garande.) ': 
 
 2d. With the delivery to assayers f conformably to the lawsj of the 
 certificates of capacity which aje necessary for them before entering 
 upon their functions. 
 
 3d. With giving opinion on difficulties relative to the title and mark 
 of lingbts and works of gold and silver. 
 , 4th. fWith the supervision of the operations of all the functionaries of 
 
 the monetary a^eKm: ;..../;%/ '•. "f* 
 
 It is charged also with a control over the preparing the wood for the 
 postage-stamp cuts, playing cards, and bank notes, aiid also .over the 
 printing of the postage stamps. 
 
 It proposes the tariffs used to determine the rate at which gold: and 
 silver are received at the mints. „ ■ , , 
 
 It assays also foreign gold and silver, nearly manufactured, whenever 
 it judges suitable, for the purpose of observing variations. 
 ■ When. , required either by the tribunals or by the administrative 
 authorities it causes to be verified altered coins, and those which it is 
 pretended are false. , 
 
 Finally, it attends to the verification of the value of Ungots assayed 
 in the bureaux of garaniie, ^nd to the appraisal of the works of gold 
 and silver. ■ ' , 
 
 This committee a,lso, according to the terms of the ordonnance of 
 March 24, 1852, has a supervision of the making of medals of gold, 
 silver, ^d bronze ; and it prepares the tariffs, states the Wre, and au- 
 thorizes the delivery a,nd sale of medals, after having observed the same 
 formalities as those prescribed for, the judgment of coined gold and 
 silver. 
 
 The commissioner of the government and the director of the making 
 of coins at the mint in Paris fulfil, so far as the making of medals is 
 concerned, the same obligations ' as those imposed by the law for the 
 coining of money ; the making of rnedals is als^p under the supervision 
 of a Special comptroller. " ' -. 
 
 The correspondence relative to the functions of the committee on 
 coins and medals is addressed to the president of the committee. 
 
 Monetary Museum. 
 
 This establishment, formed since the union of the medal mint with 
 the coin mint, possesses a collection of aU the coins, medal-dies, pieces 
 de flalnr, and tokens (jctons) which have been struck in France since 
 the time of Charles VIII. 
 
 There is also in the museum a depot containing a large quantity of 
 coins and dies belonging to various publishers, companies, and societies. 
 
APPENDIX. 287 
 
 No new medal, piece de plaidr, or counter or token, can be struck 
 without authorization from the minister of the interior, or anywhere ex- 
 cept at the mint of Paris. 
 
 The exhibition rooms are open to the public Tuesdays and Fridays, 
 and tickets are given for Mondays and Thursdays. 
 
 In order to purchase medals comprised in the catalogue, application 
 should be made to the bureau of sale established at; the mint. , 
 
 The committee on coins and medals is organized'as follows : 
 
 1st. A president and two commissaries'general at the Paris mint. 
 
 2d. Bureaus of the committee, under the direction of a head clerk, 
 {chef.) 
 
 3d. Assay laboratory, consisting of a verificator of assay and two 
 assayors. 
 
 4th. Engraving general of coins, consisting of an engraver general, 
 an assistant engraver general, a contrdleur-verificateur et d lafahrication et d 
 Id comptabi^ite des coins et povngmis, and an assistant to the 'engraver gene- 
 ral, who is charged with the preparing the wood for the postage-stamp 
 cuts, and playing-card cuts, &c. t 
 
 5th. Monetary museum. — In charge of aconservqteur. 
 
 6th. A consultative committee; of engravers. • 
 
 This committee, which is in connexion with the committee on coins 
 and medals, was estabUshed- by a decree of the minister of finance on 
 the4thof July, 1832. • \ „ : . 
 
 It is composed of the president of the committee on. coins, and medals, 
 who presides, and of five other members chosen by the minister of 
 finances from a list of candidates elected by the engrav6r of medals, to 
 wit: one sculptor and one painter, members of the, academy of fihe arts, 
 and three engravers of medals who have executed models and struck 
 medals exhibited at the Museum of the Louvre, or, who have gained a 
 prize for th^ engraving of monetary coins. The duties of this commit- 
 tee are to give advice on. the reproduction of coins not connected with 
 the service of the State, and serving for the nianufacture of medals; in 
 the selection of artists to whom this reproduction may be confided, on 
 the price which shall be allowed them on the reception of the works or- 
 dered, and on the improvements which may be made in respect to the 
 making of coins and medals. The committee is partially renewed 
 every tvi^p years by two or three of the ihembers going out alternately, 
 which ipeml)ers are not immediately re-eligible. 
 
 7th. Mints. 
 
 The number of mints for the coining of money in France was re- 
 duced in January, 1838,. from thirteen to seven. Each one of these 
 mints have a monetary letter to distinguish their coins. Each director 
 has also his pecuhar mark. The functionaries in each of the mints con- 
 sist of a directeur de la. fahication, a contrdleur au change, and a contrdleUr 
 au monnayage. 
 
 8th. Bureaux of guarantee. 
 
 This is in charge of an inspector, with an assayor of the bureau of 
 guarantee at Paris. 
 
 The number of the bureaux of guarantee in the departments of 
 France is eighty-eight. The personnel of each bureau consists of a 
 comptroller and a receiver connected with the contributions indirectes, 
 
288 APPENDIX. 
 
 and an assayer placed under the immediate orders of the committee on 
 coins and medals. 
 
 9th. Assayers of commerce, consisting of six members. 
 
 Exterior service of direct taxes. 
 
 Directors. — (One for each department,) whose fiinctions consist of 
 preparatory labor, and lahor of expedition relative to the assessment of 
 direct taxes ; preparing the census ; preparing the tax roles and ma- 
 trices; the examination of reclamations ; and labor connected with the 
 cadastre. 
 
 Inspectors. — ;(One . for each department,) who are charged with the 
 supervision of these various works. 
 
 Receivers General and Particular of Finances. 
 
 N. B., In the. principal towns of each arrondissemeni, where the ^'re- 
 ceiver general" resides, therfe is no "particular receiver." . 
 
 - There is one receiver general for each department,- also, froiii three 
 to five particular receivers, and from three to ten collectors. 
 
 Payeurs exlerieursqf the imperial treamry. , 
 
 These payers are charged with acquitting the public expenses in the 
 departments and the sea ports; they are appointed by theemperor, on 
 the nomination of "the minister of finances. 
 
 The number and residence of these preposes is regulated by the min- 
 ister. 
 
 The payeurs extSrieurs are divided into first class, second class, third 
 class and fourth class, according to the importance of their duties, there 
 being a payer of one of these classes for each department. 
 
 {d4.) 
 Direction General of Registration and of Domains. 
 This is in charge of a director general and three administrators. 
 
 Bureaux placed: under the immediate orders of the director of the administra- 
 tion. — Bureau of , personnel. 
 
 This is in charge of a: head clerk, (chef.) 
 
 Functions.-^OrganizaUon of the administration ; preparation, of work 
 relative to appointments, and to the execution of decrees issued in 
 respect to them by the minister or the director of the administration ; 
 correspondence relative to the employes of every grade ; work relative 
 to the admission of postulants ; the concours for the supernumerary, and 
 the examination of the supernumeraries ; opening and verification of 
 
APPENDIX. 289 
 
 periodical notes relative to the labor and the conduct of agents in the 
 departments ; formation of the listes £ avancement ; determining the 
 amount of caution money, and the average value of the bureau ; jrre- 
 levcmenis for the benefit of the caisse de rctraitc.s ; information applied 
 for by the minister as to the general expenses of the. administration ; 
 examination and following up of the deliberations of the council of 
 administration relative to the •personnel, the expenses, the retiring pen- 
 sions, the debets, the creation and suppression of places, the reorganiza- 
 tion of bureaus, assistance to the widows and orphans of employes, 
 &c.; opening of dispatches concerning the personnel ; and the general 
 supervision of the service. 
 
 Bureau of matters in dispute. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Examination of the deliberations of the council of admin- 
 istration in matters in dispute; ^'instructions" in cases to be brought 
 before the court of cassation ; circulars and general instructions ; collec- 
 tion of judiciary and administrative decisions interesting to the adminis- 
 tration ; budget of receipts and comparison of revenues, produits ; legis- 
 lative bills and decrees ; information applied for in petitions to the gov- 
 ernment; library, archives, and materiel. Affairs reserved by the direc- 
 tor of the administration; opening of dispatches, except those concern- 
 ing the personnel ; and the general -supervision of the service. 
 
 1st Division. 
 
 This is in charge of an administrator, assisted by three head clerks, 
 {chefs.) 
 
 Functions.- — Supervision and order of work of the employes of all 
 grades in the departments ; measures to be taken for the verification of 
 accounts ; examination of the minutes of the verification of various 
 managements ; _^jrrt?iora des debits et apurement des regies ; examination 
 of the reports of superior employes on the management of each comp- 
 table ; follovsring up of the reports of the inspection general of finances ; 
 application of the responsibility incurred by the receivers and tiie 
 superior employes ; cautionements in real estate of the conscrvateurs of 
 mortgages ; cong-es, retiring pensions ; assistance to widows and orphans 
 of employes ; establishment and mouvemenis of employes ; examination 
 and transmission to the " inscribed public debt" of documents relative 
 to caution money; budget and ordonnancement of expenses ; dismissals 
 and disciplinary measures ; creation and suppression of places ; reor- 
 ganization of bureaux. 
 
 Stamps. Supervision of the atelier general; contraventions and fines, 
 excepting those within the province of the second division ; damages 
 and interest adjudged to the State ; law expenses. 
 
 19 
 
290 appendix. 
 
 2d Division. 
 
 This is in charge of an administrator, assisted ty three bead clerksr 
 {chffs) 
 
 Funciions. — ^Fees of registration of actes civils, publics, et soils setngs- 
 pr'wes; contraventions against the laws respecting these fees, and in 
 regard to the notoriat, the code of commerce, &c.; fees of registration 
 of judiciary, extra judiciary, arid administrative acts ; fees relative to- 
 mulations par dices ; seal fees to the treasury ; greffes and mortgages. 
 
 3d Division. 
 
 This is in charge of an adriiinistrator and four head clerks, {chefsi) 
 
 Functions. — Domains of the State; their regie, conservation and 
 alienation when they are not appropriated to any public service ; dis- 
 cussion of all questions of property concerning the State; acquisition 
 and exchangfe of real estate on account of the State; deductions of 
 acquereurs ; his et relais de mer : islands and islets; sequestered goods;. 
 sMcceisiows mcawfcs ; property without owner; successions en desherence ; 
 waife ; accounts to be rendered of former saisies reelles-; rents and- 
 accounts due to the State; sale of movable effects of the State, and of 
 all objects without use to the different departments ; sale of objects in 
 the registry offices ; annual and incidental inventories of nioveable 
 property belonging to the State, the departments, and the public estab- 
 lishments; questions of property relative to tbe woods^ and forests, of 
 the State ; rights of usage, cantonnements, recovery of forest produce, 
 and produce of the /«i!aies ,■ ancien dqmaine extraordinaire ; transmission 
 of dotations; supervision of. the droits de relQur to the profit of the 
 State ; council in naatters of dispute, consisting of two advocates of 
 the imperial court.. 
 
 Officers and. agents of the administration, consisting of two advo- 
 cates, two supplementary advocates, one notary, one solicitor, two ar- 
 chitects, and a stock broker. 
 
 Directors, inspectors, and verificators of- the registration and of do- 
 mains in the departments ; there being a director, an inspector, and a 
 verificator for each department.* 
 
 Superior employes of the registratibri and of domains detached for tbe 
 service of Algiers ; consisting of a director, an inspector, chef de ser- 
 vice, and eighteen verificators, One of whom is chef de service. 
 
 Conservation of m&rtgages. ' 
 
 These consist of from three to seven for each department. 
 
 * Tlie verificators have no fixed residence. 
 
APPENDIX. 291 
 
 {d 5.) 
 
 Direction General of Indirect Taxes. 
 
 In charge of a director general, with six administraiors, members of 
 the council of administration. 
 
 Division of the personnel and central bureau. 
 
 This is in charge of a chef' de division. 
 
 Functions. — ^Nominations for places in the gift of the Emperor and of 
 the minister ; appointments to places, and of officers in the custom- 
 house administration ; appointment to all situations, and to the debits de 
 labac, in the administration of indirect taxes ; admission to the super- 
 numerary corps ; moral signalements, and tables of advancement ; deco- 
 rations ; reception and transmission of dispatches. 
 
 1st Bureau. 
 
 This is directed by the chef.de, division. 
 
 Functions. — Personnel of the custom-house, and of tibe central bureau. 
 
 2d Bureau. 
 
 This is in charge of a head clnrk, (chef.) 
 
 Functions.— 7-Fersonnel in connexion with the indirect taxes, (cadre x««- 
 perieur,) del/its de tabacs. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Personnel connected w;ith the indirect taxes, {cadre secon- 
 daire.) 
 
 1st Division. 
 
 Tariffs, colonies, and entrepots ; commercial archives. In charge of 
 an administrator. 
 
 1st Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Custom-house tariff"; its application and results; excep- 
 tion to the general regime; treaties of commerce and of navigation; 
 conventions relative lo literary property; reimbursement of duties un- 
 duly collected, and reduction of duties on account of damages at sea; 
 return of French merchandise from abroad; particular regime relative 
 to the importation of arms, of books, of machines a,nd mechanical ap- 
 paratus into proprietes limitrophes, the country of Gex, to Corsica, and 
 other islands near the littoral ; regime of indigenous sugars; collection 
 of duties, and the various questions therewith connected. 
 
292 APPENDIX. 
 
 2d Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions, — Regime of the French colonies and estnblishments be- 
 yond the sea; maritime navigation ; shipwrecks and salvages; police 
 ofmanifests; brokerage; jrrises marititnes ; victualling of ships; custom-, 
 house depots ; transit ; coasting trade ; plumbing ; mnjjrunt of foreign 
 territory ; ^uiie des acquits d caution relative to the various regimes of 
 the custom-house ; regime of temporary importations ; drilles ; police of 
 yaeges. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, \chef.) 
 
 Functions. — Statistics of commerce and of the merchant marine; 
 preparation of the. general table of the commerce of France; statistics 
 of divers .mailers relating to the service of indirect taxes. 
 
 2d Division. 
 
 Service general ; custom-houses and indirect contributions. This is 
 in charge of an administrator. 
 
 ' \st Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Preparation of the budget of the director general, in its 
 
 The following matters come within the province of this bureau 
 when they concern the direction on land, the direction of Paris, 
 the inspection of Lyons ; and to the 2d bureau wlien they concern 
 maritime directions, and the colonies of Algiers ; creation, sup- 
 pression, and organization of bureaux and of budgets; rc^e 'charges 
 fixed for salaries; expenses of rent and of bureaux; execution of 
 the service by the chiefs and employe; of the sedentary and active 
 divisions, and their respective functions ; conduct of employes ; acts 
 of devotedness ; thedals of honor; pecuniary recompenses and in- 
 demnities ; divisions of authorized emoluments ; cong6s ;_ dismission and 
 degradation of employes in the appointment of the administration ; re- 
 pression of' contraband ; examination of the general reports of the ser- 
 vice, and reports of the circuits of the directors ; following up of the 
 reports of the inspector general of finances ;,co?if.owrs des douanes avx 
 services publics ; administrative con^i^s ; political affairs ; general police; 
 military organization of the customs ; regime of the circuhition in the 
 rayon, with the exception of the police oi parages ; establishment of 
 factories within the rayon of the customs. 
 
 2d. Bureau. — Seaports and coasts. 
 This is in charge of a head clerk, {ckrf.) 
 
APPENDIX. 
 
 293 
 
 Functions. — Same as those of the first bureau, with the exceptions 
 above indicated. Regime of the circulation on the littoral of Corsica. 
 Questions relative to the collection of sanitary dues. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — The same as those of the first and second bureaux, so 
 far as concerns the service of indirect taxes, in the circumscriptions 
 ^vhere this ser\ ice and that of the customs ai"e placed under the au- 
 thority of a suigle chrf. 
 
 4th Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Liquidation and ordonnancement oi expenses of the direc- 
 tion general in their ensemble; special accounts ; applications for public 
 funds and subventions ; vircments of accounts ; credits and discounts on 
 custom-house duties and of the tax on the consumption of salt ; revision 
 of the table of ?eo'ie-charges ; and, generally,, whatever relates to the 
 accounts. Barracks ; equipments ; service of the masse and health- 
 service. Materiel; construction and reparation of immeubles and of 
 embarcations ; purchase and care of utensils ; transport of funds, pack- 
 ages, &c.; unforseen expenses ; inventories of moveable and immove- 
 able effects ; topography of. places subjected to the supervision of the 
 service ; geographicsJ documents for its use. 
 
 3d Division. 
 
 Custom-house matters in dispute ; premiums ; salt and fisheries- 
 This is in charge of an administrator. 
 
 \st Bureau. 
 
 This is in charge of a head clerk, {chi^f.) 
 
 Functions. — Actions growing out of. seizures, and contraventions rela- 
 tive to the custom-house legislation, and division of their product ; 
 affairs relative to the credits of custom-house duties, or sek en suffrance; 
 authorization for the mise en jugement of custom-house employes ; all 
 questions relative to the application of custom-house laws in judiciary 
 matters ; application of the rules in regard to prescriptions. 
 
 2i Bureau. ' 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Premiums for exportation, by reimbursement of duties 
 and of tax on the consumption of salt used tor meats and butter, and 
 on sal amoniac. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, (cAr/) 
 
 Functions. — Production of salt in its ensemble ; discovery and exploita- 
 tion of salt springs; establishment of salt works; making of ignigcm 
 
294 APPENDIX. 
 
 salt; soda and sulphate of soda works ; salt refineries ; establishments 
 for making nitre of salts; application of the tax on the consumption of 
 gall; importations, exportations, and extraction of salt; coastwise 
 trade ; police of the rayon and of the salt establishments of the interior. 
 Grand fishery, (whale fishing, &c.,) and premiums or immunities there- 
 with connected ; small fisheries and salt provisions ; regulations and 
 rules relative to the preparation of fish, whether at sea or on shore ; 
 tpcqw ; shipments; annual distribution of the special funds of 350,000 
 francs ; and, in general, all tha't is connected- with the salt service, with 
 the exception of premiums accorded for the exportation of salt buttbr 
 salt meats, and mi amoniac. 
 
 4th DlVIStON'.^^GBNERAI. SeEVIOE. 
 
 Th,is is in charge of an administrator. 
 
 ' 1st Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Preparation and interpretation of lavt^s and regulations 
 relative to the regime in regard to drinks, and pubhc carriages. Ques- 
 tions relative thereto. 
 
 2d Bureau. 
 
 This is in charge of a head clerk, (c/jc/^) 
 
 JPtfTicftoMs.— ^Direction of the service in matters of indirect taxes ; 
 creations, suppressions, and displacements of employments, and of bu- 
 reaux ; dismissals, degradations, and cOnges of enfiptoyfis ; ; periodical cor- 
 respondence with the directors. (These funciiotls belong to the second 
 bureau, so far as thirty-three departments are concerned.) 
 
 3d Bureau. 
 This is in charge of a head clerk, (chef.) 
 
 Fnhcimm.^The same as those just indicated in regard to twetity- 
 eight departments. 
 
 The second and third bureaus have also within their province dis- 
 charges and restitutions of duties ; ajmrementde droits constatees; fixing 
 of the premiums of apurement, and of complementary indemnities, 
 whether tor huralistes or for th^ collectors of octroi duties ; verification 
 of the managements (gestions) and fixing oidebets. 
 
 4:th Bureau. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — ^Examination of the minutes of seizures, of compromises, 
 and of tables j of reparm?o«; hquidatiou of judiciary expenses fallen into 
 non-vakur; fblbwing up of all affairs liable to be carried before the 
 tribunals or abandoned, whether in matters correctional, criminal, or of 
 
APPENDIX. 295 
 
 simple police ; appeals to the Council of Slate; breach of trust ; ap- 
 propriation of funds; prosecutions relative to debels. 
 
 5th Division. 
 
 Oitrois ; guarantee ; interior navigation ; ferry-boats, &c. ; caution 
 money ; resignations. — In charge of an administrator. 
 
 1st Bureau. 
 
 This is in chsu-ge of a head clerk, {chef.) 
 
 Functions. — Regime and service of the navigation of streams, rivers, 
 and canals ; tariff of charges for interior navigation, and their applica- 
 tion, special regime of boats and ferry-boats, of tolls, of guarantees and 
 of charts, and questions relative to these subjects ; relations of the agents 
 connected with the indirect taxes to the railroad service. 
 
 2d Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions.— ^DlscussiovL of tariffs and regulation o( octrois ; projects of 
 dec! ees ; fixing of the charges for lodging troops in towns ; charges for 
 collections ; adjudication of baux d/erme ; restitutions and discharge of 
 duties ; apportionment of subscription funds allowed by the iraites de 
 gestien. 
 
 3d Bureau., 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions.— ^Service of resignations and of caution money for all the 
 agents of the customs, and of the indirect taxes, and correspondence 
 relative thereto ; general control' of the custom-house brigades. 
 
 6th Drvisiox. 
 Tobacco and gunpowder. — In charge of an administrator. 
 
 1st Bureau. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functimts. — -Direction of the service in the leaf-tobacco warehouses, 
 and tobacco in the manufactories ; opening and examining the goods ; 
 composition of tobacco to be manufactured; application of machines; 
 processes of manufacture; principle and regulation of the expenses of 
 exploitation; acquisition of real estate ; locations ; adjudication of works 
 and of fournitures ; workmen's salaries; creation and suppression of 
 employments, so far as concerns the service of the establishments ; 
 medical service ; regulation of the interior police. 
 
296 APPENDIX. 
 
 2d Bureau^ 
 
 This i§ in charge of a head clerk, {chef.) 
 
 Functions. — Culture of tobacco in France ; service of tobacco in Al- 
 giers ; purchase of exotic tobacco ; examination of minutes of sampling 
 and minutes of jappraising ; importations, transit, exportation of leaf and 
 manufactured tobacco j correspondence with the consuls of France ; 
 translation of documents in foreign tongues. 
 
 , . 3d Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^Distribution of leaf tobacco amongst the manufactories; 
 orders for, and distribation of, gunpowder; transport of tobacco and 
 powder ; instructions and regulations in regard to the shipwrecks at 
 sea ; service of the entrepots of tobacco and powder ; construction and 
 reparation of powder magazines ; creation of debits ; conges to employes 
 in the tobacco service.' 
 
 4th Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Collecting of the materials for the budget, and of the 
 supplementary cretiits relative to the tobacco service ; registration and 
 visa of consular treaties.; verification of the accounts of the manufac- 
 tories, of the magazines, and of entrepots of tobacco ; also the accounts 
 of entrepots of powder ; correspondence relative to this last service ; 
 preparation of annual accounts to be submitted to the legislative powers, 
 and of the resumes tbr the court of accounts ; keeping of the books con- 
 nected with them. 
 
 Judiciary Counsel. 
 
 Consisting of three advocates and one notary for the customs ; and 
 four advocates, one solicitor, one notary for the indirect taxation and 
 the tobacco, service j three physicians. 
 
 (e.) 
 Court of Accounts, {Cour dcs Comptes.) 
 
 Functions and Organization. — The court judges the accounts of pub- 
 lic receipts and expendhure, which are presented to it by the receivers 
 general of finances, the payers of the public treasury, the registration 
 receivers, and the receivers of the administrations of stamps, of domains, 
 of the customs, and of the salt tax, the receivers of indirect taxes, the 
 directeurs comptabies of the post offices, the directors of the mints, the 
 central pay ing cashier, and the agent responsible for the tranfer of funds. 
 
 It judges, also, th6 annual accounts of the treasurers of the colonies j 
 
APPENDIX. 297 
 
 of the agent comptaUe of the receipts and expenditures of consular 
 chancelleries; of the treasurer general of the invalids of the navy; of 
 the agent comptable of the iraites de la marine ; of the stevvartls of 
 lyceums; of the agent comptable of the transfer oi rentes inscribed in-the 
 great book of the national debt; of the agent comptable o£ ihe great book 
 and of pensions ; for the augmentations or reductions, each year, in the 
 total of the inscribed debt ; of the order of the legion of honor, of the 
 coisse d'amorlissemen/s, and that of depots el consignations ; of the monls de 
 piete, the communes, hospitals, and charitable establishments having 
 revenues determined by the laws and regulations. 
 
 According to the terms of the law of 6th June, 1843, and of the or- 
 dinance of the 26th August, 3844, it decided on the annual accounts of 
 the agents comptables of the matieres de Pctat. 
 
 It judges appeals made before it against decisions pronounced by 
 the councils of prefectures, concerning the annual accounts of the re- 
 ceivers of communes, hospitals, and charitable establishments whose 
 revenue is less than 30,001) francs. 
 
 It decides on the applications made by the comptables en radiation, 
 reduction, on translation d' hypotherptcs. 
 
 It pronounces judgment as to fines and penalties fixed by the laws 
 and regulations against accountants who are behindhand in presenting 
 their accounts. 
 
 Conformably to the law of 27th June, 181 9, and to the ordinance of 
 July 9th, 1826, the court establishes every year, by a general declara- 
 tion, the resultofthe comparison which itihstilutes between the accounts 
 published by the ministers for the preceding year and the decisions 
 rendered in the individual accounts of accountants, both as to the ex- 
 actitude of the results and the legality of the public receipts and ex- 
 penditures. 
 
 This declaration is communicated to the corps legislatif. 
 
 Public declarations in the same form are received oh the comptes- 
 m,at.ieres. 
 
 Finally, according to the article 22 of the law of September 16tb, 
 1807, the views as to reform and amelioration resulting from the exami- 
 nation of the court, as to the receipts and. expenditures of each year, 
 form the subject of a report to the emperor, accompanied by justifica- 
 tive documents. 
 
 This reported, dehberated, and decided on by the three chambers, is 
 remitted to the emperor by the first president of the court. 
 
 According to the terms of article 15lh of the law of 21st of April, 
 1832, the report prepared each year by the coui-t of accounts, in virtue 
 of article 22 of the law of 16lh September, 1807, is printed and dis- 
 tributed to the members of the corps legislatif. 
 
 Every three months a table of the st-Ue of the labors of the court is 
 addressed by the first president to the minister of justice, to be commu- 
 nicated to the emperor. 
 
 The ministers and the accountants, comptables, can, within a delay of 
 three months, appeal against the decisions of the court of accounts, for 
 violation of forms or of l?iw, before the council of stale. 
 
 The appeals of the ministers must first be authorized by the emperor. 
 
298 APPENDIX. 
 
 In case of the annulment of a decision, the affair is sent before one 
 of the chambers which has not taken cognizance of it. 
 
 The court takes rank immediately after the court of cassation, and 
 enjoys the same prerogatives. 
 
 It is composed of a first president, three presidents, eighteen master 
 counsellors, eighteen cmseiUers referendaires of the first class, and sixty- 
 two conseilleis referendaires of the second class. 
 
 Connected with the court of accounts there is an imperial ■procureur 
 general, a greyer in chief, and three commis greffiers. 
 
 For ordinary business the court is divided into three chambers. 
 
 The first president presides over the assembled chambers, and when 
 he deems suitable over each chamber. He distributes the accounts to 
 the referendaires, and indicates the chambers to report on them. Appli- 
 cations for the communication of documents are addressed to him ; and, 
 according to the case, he decides on the matter, or refers it to the cham- 
 bers. He has charge of the police and of the general supervision, and 
 conducts the correspondence with the ministers. In cases of necessity 
 his place is occupied by the senior president. 
 
 The presidents have the direction of the business of the chambers ; 
 each one of them distributes to the master counsellors who compose the 
 chamber the affairs upon which ihey are to report. The wording of 
 the decisions prepared by the conseiUers referendaires rapportfiurs, is sub- 
 mitted to their examination and visa. 
 
 The master counsellors are distributed among the three chambers,, 
 
 On the distribution' of the reports tO' them by the president of the 
 chamber, it is their business to verify the work of the counsellors refer- 
 endaires, and to express their opinion on the propositions made in the 
 reports, or which result from their examination and finaj discussion. 
 
 The conseiUers referendaires are charged with the verification of the 
 accounts, and they can hear on this subject the comptables or their attor- 
 neys; they report to the chambers; they give their opinion, but they 
 have no deliberative voice. When the examination of the account re- 
 quires the assistance of several referendaires, a referendaire of the first 
 class has the direction of the work, and makes a report to the chapxbei 
 in presence of the referendaires who have assisted in its preparation. 
 
 The referendaires of the first class are present in turn, and in number 
 equal to the master councillors, at public ceremonies and deputations. 
 
 The ndrmlere public of the court is exercised by a procureur general. 
 
 The procureur general sees that the accountants' (co»ijj?a6/es) present 
 their accounts within the delay fixed by the law, and calls for the appli- 
 cation of the penalty against those who are behindhand. 
 
 He sees if the chambers hold their sittings regularly, and if the r^er- 
 endaires are exact in the performance of their duties. The appUcation 
 en main levee, reduction et translation d^ hypothequcs, are always communi- 
 cated to him. 
 
 He manages, before the court, the revision of decrees as to errors 
 detrimental to the public treasury, in the accounts of the departments 
 and communes. It is to him that the prefects should address the ac- 
 counts, the regulation of which ig contested, and also the documents 
 relative to the matter, and the application for the communication of 
 documents. 
 
APPENDIX. 299 
 
 PSHe can receive communication of all accounts, in which he thinks 
 his official action necessary. He is heard before any decision is pro- 
 nounced in the charges of forgery or collusion against the accountants 
 {comptaMes.) 
 
 He sends copies of decisions to the ministers ; and corresponds with 
 them as to the execution of decisions, and for all information which 
 they apply to him for. 
 
 The greffier in chief officiates at the general assemblies; his place is 
 filled at the chambers by the commis greets. He receives directly from 
 the accountants all accounts and documents. He keeps the various 
 registers of the court, verifies and acknowledges the reception of ac- 
 counts and documents, and is the depositary o? all papers. He signs 
 and delivers copies of decisions and certificates, and extracts of all acts 
 and papers containing information emanating from the greffe, and from 
 the archives and depots. He signs and sends off the correspondence 
 prepared by the referendaires, and approved by the presidents of the 
 chambers. The gr^e'ii open to the public every day except Sundays 
 and holydays, firom 2 to 4 o'clock. 
 
 The accounts and documents are deposited with, or addressed to the 
 greffe by the accountants. 
 
 Huissiers are instituted for the service of the court. 
 
 ig-) 
 Department op Public Instruction and of Worship. 
 
 Functions. — Public instruction ; preparation and execution of laws ; 
 decrees and regulations concerning public instiuction ; administration 
 of schools supported by the funds of the State, of the departments, and 
 of tiie communes ; acceptance of donations and legacies which are made 
 to them; supervision and inspection of free establishments. 
 
 Administralion General. — Imperial council of public instruction ; in- 
 spectors general of superior instruction, of secondary instruction, and of 
 primary instruction. ^_ 
 
 Administration Academic. — Rectors, inspectors, and secretaries of 
 academies ; academic councils. 
 
 Adfdnistration of Superior Instruction.- — ^Faculties of theology, law, 
 medicine, of sciences, and letters ; superior schools of medicine and of 
 pharmacy ; payment of the professors of these schools, of which the 
 receipts are paid' into the treasury; diplomas of pireparatory school's of 
 medicine and pharmacy; medical juries. 
 
 Administration of Secondary Instruction. — Lyceums ; gratuitous scho- 
 larships, (6o'Kr«es MJjpemis,) departmental and communal; distribution of 
 the government school fund, {^subvention;) administration of the private 
 property {fm-tune personnelle) of each of these departments : communal 
 colleges ; division of the State funds {subventions) accorded to them. 
 
 Administration of Private Instruction. — Inspection of private instruc- 
 tion ; brevets of capacity ; public primary school for boys and girls ; 
 asylums (salles d'asile;) assistance given to the communeifor the construc- 
 tion of school-houses ; assistance given to religious associations devoted 
 to instruction. 
 
300 APPENDIX. 
 
 Administration, of Scientijic and Literary Establkhmenls. — Institute of 
 France, and imperial academy of medicine; college of France; mu- 
 suem of natural history; bureau of longitudes ; school of living oriental 
 languages; ecole its chartes; school of Athens; libraries of Paris and 
 the departments; depot of legal works, {depot legal;) encouragement to 
 scientific and literarj' societies ; committee of history and of the lan- 
 guage and arts of France; publication of unpublished* documents of the 
 history and arts of France; missions and voyages ; subscriptions, indem- 
 nities,, and assistance to literary men, {secours lutcraires.) 
 
 Worship. — Preparation and execution of laws, decrees, regulations, 
 clnd decisions concerning worship ; proposition to the emperor of nomi- 
 nations to the archbishoprics and bishoprics of the empire, to the canoni- 
 cates of St. Denis, and to the hawses (gratuitous scholarships) in the 
 seminaries; presentation to his majesty for the acceptance of appoint- 
 ments made by the bishops to ecclesiastical titles; publication of bulls, 
 briefs, and rescripts of the pope, {saint siege ;) appeals, ns in case of abuse 
 of privilege, {appels comme d'abus; matters in dispute respecting wor- 
 ships, {contenrieiix-des cuUe^ ;) "religious congregations" of men and wo- 
 men, {congregations religieux d'hotnmes and dy'emmes ;) authorization for 
 the acceptance of donations and legacies made to ecclesiastical estab- 
 lishments ; circumscriptions ; assistance to communes for the repara- 
 tion of their churches and presbyteries;, temporal administration of dio- 
 cesan establishments; works for the construction and preservation of 
 cathedrals,; bishops' residences, and seminaries ; committee of inspecr 
 tors general of diocesan works,' {travavx;) committee of arts and reli- 
 gious edifices ; affairs of authorized religious worship, not Catholic, 
 reformed church of France, confession of Augsburg, Jewish worship, 
 territorial circumscription of Pre^sbylerian councils, of consistories, and 
 of synagogues ; presentation for'approv'al by his majesty of the rernu- 
 neratioH of ministers and pastors; central council of reformed churches; 
 direction of the confession of Augsburg ; central Israelilish consistory. 
 
 Secretaryship and Cabinet. 
 
 This is under the direction of a dhief. 
 
 1st Bureau. 
 
 Cabinet of the minister; subscriptions; missions and historical la- 
 bors. Under the immediate direction of the chief of the secretaryship. 
 
 1st section. Private cabinet of the- minister; opening of the corres- 
 pondence; reservpd affiiirs; private correspondence of the minister^ 
 applications for audience ; legipn of honor. 
 
 2d section. Subscriptions to works of science and literature; indem- 
 nities and assistance to learned men {savants) and men of letters ; mis- 
 sions and voyages ; French school of Athens ; publication of unpub- 
 lished documents relative to the history of France ; historical committee 
 instituted in the departments for this publication. 
 
 2d Bureau. — Scientific and literary establishments. 
 
 This is under the charge of a chief. 
 
APPENDIX. 301 
 
 Institute of France and imperial academy of medicine ; college oi 
 France ; museum of natural history ; bureau of longitudes ; observatory 
 of Marseilles ; school of living oriental languages ; ecole des charles ; sci- 
 entific and literary societies ; French and foreign congresses ; schools 
 of midwifery ; public libraries of Paris and the departments ; distribu- 
 tion among these libraries of works subscribed to, and from the legal 
 depot; publication of the general catalogue of the mEmuscripts of libra- 
 ries of the departments. 
 
 3d Bureau. — Minutes of the imperial council, and arcJdves, registratio7i oj 
 
 dispatches. 
 
 This is under the charge of a chief. 
 
 1st section. Preparation {redaction) and depot of the minutes of the 
 imperial council of public instruction ; depot of the decrees of the em- 
 peror, and of the decisions of the minister ; editing arid distribution of 
 the Bulletin Adfninistratifderinstruc/iori Publique;'mseitions'm the Bul- 
 letin, des Lois, and the Journal General de V Jnstniciion Publique ; relations 
 with the council of State, and with the grand chancellor of the legion 
 of honor ; legalization of the signatures of the functionaries of public 
 instruction ; classification and preservation of the archives ; adminis- 
 trative library. 
 
 2d section. Registration of' correspondence on i.ts arrival^ distribu- 
 tion of the correspondence to all the services of the central administra- 
 tion ; registration of correspondence at its departure ; service of* postal 
 franchise, and communication with the administration of finance in all 
 questions of this character. 
 
 Libraries of the departments, under charge of a librarian; collec- 
 tions of scientific {sciia.m) socieUes, under the charge of a conservator. 
 
 Defot of books. — Dep<)t of subscriptions, and of unpublished docu- 
 iments relative to the history of France ; legal depot, under charge of 
 a sub-chief, styled charge du deiiot. 
 
 The admistration of public instruction is organized into a division of 
 .general and academic administration, and superior and secondary in- 
 struction with four bureaux ; and a division of primary instruction, 
 with three bureaux. 
 
 1st Division. 
 
 General and academic administration ; superior and secondary in- 
 struction ; under the direction of a chifef. • 
 
 \st Bureau. 
 
 General administration and gratuitous scholarships, {bourses.) 
 
 Functions. — Constitution of the imperial council of public instruction ; 
 appoiniment of inspectors general, rectors, inspectors, and secretaries 
 of academies; liquidation of retiring pensions of these functionaries 
 
302 
 
 APPENDIX. 
 
 constitution of academic councils ; authorization of classical works ; 
 Lquidation of the expenses of the inspection general of the academies ; 
 imperial, departmental, and communal gratuitous scholarships {bourses) 
 for the lyceums and colleges ; deductions (degrSrements) for the board 
 for the fitting out {trousseau) of imperial free scholars, {hourders impe- 
 riaux ;) assistance to the former functionaries of the university and 
 their widows ; distribution of the funds for the payment of French- 
 men not on duty, (ew disponibilke,) and those on half pay ; matters in 
 dispute. ' 
 
 2d Bureau. 
 
 Superior instruction. In charge of a chief. 
 
 Functions. — Administration and personnel of the, various faculties; 
 application for exchange or collation of grades ; transmission of diplo- 
 mas ; superior schools of pharmacy ; preparatory schools of medicine 
 and pharmacy ; application for a:Uthority to exercise the practice ot 
 medicine in France ; accounts of the faculties and of the schools of 
 pharmacy ; remission of charges for inscriptions and diplomas ; supe- 
 rior instruction in Algiers. 
 
 Qd Bureau. 
 
 Secondary instruction. Under charge of a chief. 
 
 Funetions. — Administrations and ■personnel of the superior normal 
 schools, of the imperial lyceums, and communal colleges ; competition 
 (coiidours) for admission to the normal schools ; competition for admis- 
 sion (agregation) to the lyceums ; regulation of the budget of colleges.; 
 distribution of State funds (gubvenlions) allowed to the colleges ; liqui- 
 dation of retiring pensions of the functionaries of the lyceums and 
 colleges; affairs relative, to the secondary and free establishments of 
 instruction; secondary instruction in Algiers. . 
 
 Ath Bureau. 
 
 Economical administration of the lyceums. Under charge of a chef 
 de scctim, who is chief. 
 
 Functions. — Econonyeal administration and accounts of the superior 
 normal schools and' the 13'ceums; the appointment of stewards Yccon- 
 omes) and head clerk? {premiers commis) oi' the stewardship, (ecoiiomat;) 
 liquidation of the pensions {retraite) of these functionaries ; caution 
 nsoney, or bail {cautionnements) of tiie stewards ; accounts of the man- 
 agement {geslion) of the lyceums; distribution of the State funds {sub- 
 vention) allowed for the regular expenses {depenses fixes) of the lyceums; 
 establishment and organization of new lyceums ; remission and exemp- 
 tion of school fees, {/raisd" etudes ;) indemnity for fitting out^ (trousseaux.^ 
 
appendix. 303 
 
 2d. Division. 
 Primary instruction. Under charge of a chief. 
 
 1st Bureau. 
 
 Boy's primary schools. 
 
 Functions. — Nomination of inspectors of primary instruction ; h'qui- 
 dation of the reluing pensions of these functionaries ; examination of 
 candidates for the office of inspector ; committees charged with these 
 examinations ; committee for the supervision of the normal schools ; 
 ^pointment of directors, assistant masters, free pupils (eleves boursiers) 
 of these establishments; affairs Mative to religious associations of 
 teachers, and to societies devoted to the encouragement of primary 
 instruction ; honorific distinctions to teachers ; pourvoirs des inslituteurs 
 intefdits ; assistance to former teachers ; classes of adult boys ; free 
 teachers ; committees of examination for the delivefance, of teachers' 
 certificates of capacity, {brevets de capacite;) primary instruction in 
 Algiers. 
 
 2d. Bureau. 
 
 Materiel, and disputed affairs, coiirs des arts, primary instruction. 
 Under charge of a chef. 
 
 Functions. — Liquidation of salaries and of expenses of the circuits 
 {tcmrjiees) of primary inspectors ; regulation of the departmental budgets ; 
 fixing the budgets and verification of expenses of the primary normal 
 schools ; establishment of communal schools ; grants from the funds of 
 the State for the acquisition, construction, and repair of school houses; 
 funds of the State {subventions) allowed for the expense of hxiation of 
 school houses and the salaries of communal teachers; examination. of 
 the taxes (impositions) voted by the municipal and general councils, ott 
 eiablies d'office, in the communes and in the departments, to provide for 
 the obligatory expenses of primary instruction; general establishment 
 of the employ of funds affected to primary instruction. 
 
 3d Bureau. 
 
 Girls' schools and asylums, (sattes d'asiles.) Under the direction of 
 a chief. 
 
 Functions. — Primary normal schools for girls, and preparatory nor- 
 mal courses of instruction for female teachers; primary schools, com- 
 munal and private, fiir girls; girls' boarding schools {'pensionna,ts) adult 
 classes ; superior committee, and general delegates for asylums {saiks 
 d^asile ;) infant asylums {crSekes ;) honorific recompenses to instruct- 
 resses and directresses of asylums ; allowance {aliochtions) for the ac- 
 quisition and repair of school houses for girls, and to asylums ; assis- 
 tance to former instructresses and directresses of asylums ; affairs 
 relative to religious communities and associations of instructresses ; 
 examining committfees for the delivery of certificates {bretets) of capa- 
 city of instructresses ; authorization of books of primary instruction. 
 
304 appendix. 
 
 Administration of Worship. 
 
 The organization of this department consists of the direction general 
 of the administration of worship, with two divisions; and a division of 
 central accounts of public instruction and worship, with three bureaux. 
 
 I. — Direction General of the administration of Worship. 
 
 This is under charge of a director general. • 
 
 Cabinet of the Director General. 
 
 This is under charge of a chef. • 
 
 Fiiiictionn. — Opening and registration of the dispatches on their arri- 
 val, and their distribution to the bureaux ; sending off dispatches ; 
 personnel of the bureaux, and regulations of the internal affairs, (l^orde 
 inierieur;) weekly situation of the affairs of the direction ; applications for 
 audience; reserved affairs; committee of arts,, and religious edifices. 
 
 Ti st Division,- — Catholic worship. 
 
 This is in charge of a chefde division. 
 
 1st Bureau. 
 
 Personnel of the clergy and ecclesiastical police. This bureau is under 
 the chai-ge of a chef. 
 
 Fvn,ctions. — Promotions to the cardinalate ; nomination to archbishop- 
 rics, bishoprics, canonicals of St. Denis, to the functions of treasurer to 
 the grand seminaries, and to the free scholarships {bourses) in the same 
 establishments; presentation for acceptance by the emperor of nomina- 
 tions to ecclesiastical titles; promotion of curates from the second class 
 to the &c?i ; expenses of establishment of cardinals, archbishops, and 
 bishops ; expenses of ecclesiastical titularies ; indemnities for diocesan 
 visits, binage, or double service ; application of the decree of November 17, 
 18, relative to curates temporarily absent {eloignes) from their parishes; 
 casual assistance to ecclesiastics and former religtettses ; apportionment 
 of the funds {credit)' allowed for the annual assistance of congregation^ 
 reltgieuscs ; noaaaanon o{' free scholarships founded in the boarding 
 schools, and certain religious communities of women ; temporal admin- 
 istration of the chapter irf St. Denis ; keeping of the registers of matri- 
 culation of all the tijtularies nominated or approved by the government; 
 ■ tables of the personnel of the clergy and of the seminaries ; publication 
 of bulls, briets, and rescriptions; appels comme d'abvs, charges and com- 
 plaints against tlie conduct of e<;clesi:islics ; complaints of ecclesiastics 
 against interference with the free exercise of their functions; statutes of 
 cathedral chapters; reunion of curates to the chapters; secondary eccle- 
 siastical schools; execution, as far as it concerns the administration of 
 worship, of the decree of twenty-third Pralrial, an Xll, on burials; 
 collection g,nd analysis of the votes of the councils general concerning 
 
APPENDIX. 305 
 
 Catholic worship ; questions of precedence ; civil and military honors 
 to render to cardinal's, archbishops, and bishops ; applications for de- 
 corations ; legalization of ecclesiastical signatures ; personnel of the 
 clergy of Algiers and in the colonies ; correspondence of the minister of 
 the marine, and the superior of the "seminaire du saint esprit" in fedl 
 that concerns the affairs of worship in the colonies. 
 
 Organization and revocation of the councils of the church property 
 " conseils de fabriques ;" necessary authorization for placing monuments 
 and funeral inscriptions in the churches. 
 
 Caxe of the seal, garde du timbre ; keeping of the register of the 
 analysis of reports sent by the minister for the examination of the 
 council of State ; classification and preservation of the archives and 
 or the library; statistical tables; depot and dispatch of decrees and 
 decisions by the emperor, of the decisions of the minister, and of the 
 opinions of the council of State ; communication to the Bulletin des Lois. 
 
 2d Bureau. 
 
 Parochial service, matters in dispulte, congregations religiettses. This 
 is iinder charge of a chef. 
 
 Functions. — Matters in dispute relative to churches ; employ or des- 
 tination of their personal and real property, {meubles and immeuUes;) 
 acquisitions, alienations, exchanges, loans, and other transactions of 
 these establishments ; concession of seats {bancs) in chapels and tribunes 
 in the churches ; differences between the churches (fabriques) and the 
 communes ; removal {distraction) of the surperfluous parts of presbyte- 
 ries ; expenses of parochial worship ; tariff of charges for oblations, and 
 burials, funeral services {pompes Junehres) authorization for acceptance 
 of donations, legacies and offres de revelation to all the ecclesiastical and 
 religious establishments. 
 
 Approbation and modification of statutes, and authorization of con- 
 gregationes religieuses, and the establishments connected with them; 
 documents of sales, of acquisitions, of exchanges, of constitution de rentes, 
 of transactions, loans, retrocessions, &c., concerning the congregations 
 religieuses of men and women. 
 
 2d Division. 
 
 Catholic worship; temporal administration of diocesan interests; ec- 
 clesiastical circumscriptions in charge of a chefde division. 
 
 1st Bureau. 
 
 This is in charge of a chef. 
 
 Functions. — Temporal administration of diocesan establishments ; 
 acquisitions, exchanges, alienations, employ of funds, compromises (trans- 
 actions) and other matters in dispute relative to these establishments ; 
 houses and retiring pension funds lor aged and infirm priests ; tarif of 
 charges of the secretaryship of the bishoprics ; yearly accounts of the 
 seminaries ; budget of the church property of cathedl-als {budget des 
 20 
 
306 APPENDIX. 
 
 /abriques des cathedrals ;) circumscriptions of dioceses and patentes ; erec- 
 tion of chapels of ease (succursales) and of curates of the second class ; 
 assistance to communes or to works (fabriques) for churches and pres- 
 byteries. 
 
 2d Bureau. 
 
 Diocesan works ; State funds, (subventiom.) This is under charge of 
 a chief. 
 
 Functions. — Works for the construction or preservation of cathedrals, 
 archbishoprics, bishoprics, and seminaries ; acquisitions concerning 
 edifices ; examination and approval of plans, {pry'ets;) adjudication of 
 works ; appointment and personnel of architects, and employ of funds 
 afiected by the " budget of worship" for diocesan expenses. 
 
 Furnishing of archbishoprics and bishoprics ; TnaUrises and bas choeurs 
 of the cathedrals; aid towards the acquisition of decorations, (orna- 
 ments;) rents for bishoprics and seminaries. 
 
 Section of toorship not Catholic. 
 This is under charge of a chef. 
 
 Functions. — Exemptions on account of age, {dispenses d'age,) appoint- 
 ments, salaries, indemnities, succours, attributes,- presidency and re- 
 newal of consistories, ecclesiastical police, complaints against pastors, 
 suspensions, revocations, residences, lodgings, worships not recognized ; 
 religious meetings, liberty of worship, various questions. 
 
 Organization and circumscription of consistorial and oratorial churches, 
 and of synagogues, temples and presbyteries, and for constructions and 
 reparations ; administration of Protestant seminaries, and of the rahbi- 
 nique central school ; free scholarships (bourses.) 
 
 Goods and revenus of churches ; donations and legacies, acquisitions, 
 alienations, exchanges, compromises, (transactions;) investments in State 
 funds, &c., &c. 
 
 II. — Division of accounts central, of puilic instruction and worship. 
 
 This is under charge of a chef. 
 
 1st Bureau. 
 
 This is under charge of a chef. 
 
 1st Section. Functions. — Ordering of expenses, verification and 
 transmission of orders of payment on the treasury ; expedition and re- 
 mission to parties to receive money of letters of advice or orders for 
 payment ; control and verification of all vouchers produced in favor of 
 orders for payment; tables of allowances (credits) addressed to the pre- 
 fects; statement of the use made of state allowances (situation d'emploi 
 des credits.) 
 
 2d Section. Inspection of the monthly memoranda transmitted by 
 the prefects and paymasters (payeurs;) monthly distribution of funds; 
 keeping of all the account books : liquidation of the expenses of the 
 
APPENDIX. 307 
 
 personnel, and oi the retiring pensions of persons employed in the cen- 
 tral administration; general accounts of the pensions of the service of 
 public instruction, and of the funds held back from retiring pension 
 funds {rctenues exerceessur les traitemenis pour la retrake;) preparation and 
 mating out of the budgets and accounts rendered. 
 
 2d Bureau. — Accounts central of worship. 
 
 This is under charge of a chef. 
 
 Functions. — ^Preparation of the budget of worship, of the general 
 accounts, and of the various financial documents to be published ; in- 
 structions and circulars on the "accounts" of worship; tables of state 
 allowances {credits) sent to prefects for the execution of ministerial de- 
 cisions ; ordering of the expenses ; transmission of the ordonnances (or- 
 ders) to the minister of finance, and general reports of the accounts with 
 the department of finance ; tables of salaries, (appointments,) and liqui- 
 dation of expenses of the employes of the central administration ; verifi- 
 cation and liquidation of accounts received from the prefects ; verifica- 
 tion of the memoranda {bordereauz) of the monthly financial accounts of 
 the prefects and paymasters ; keeping of the books by double entry ; 
 statement of the periodical state of expenses susdatees and payees; trans- 
 mission of extracts from the ordonnances of payment, and of letters of 
 advice of payment ;: material expeiises of central administration. 
 
 Zd Bureau. — Pension accounts. 
 
 This is under charge of a chef. 
 
 Functions. — General account of retiring pensions, and of funds with- 
 held in the payment of pensions ; administration of establishments 
 founded by the English, {fondations Britanniques ;) personnel of the cen- 
 tral administration. 
 
 Service inleri-eur, with a charge of supervision, and a comptroller of 
 expenses. 
 
 Agents attached to ministry of public instruction, viz : four advocates, 
 one avoue, one notary, one architect, one assistant architect, and one 
 physician. 
 
 iMPERiAi Council of Public Instruction. 
 
 The imperial council of public instruction is composed as follows : 
 The minister, president; three members of the senate, three members 
 of the council of state; five archbishops or bishops; three members of 
 non-Catholic religious sects; three members of the cour de cassation; 
 five members of the military; eight inspectors general; two members of 
 (the committee of) free instruction. 
 
 The members of the council are appointed and revoked by the empe- 
 ror, on the proposition of the minister of public instruction and worship; 
 they are appointed for one year. 
 
308 APPENDIX. 
 
 The minister presides over the council, and determines the opening 
 of the sessions, wliich takes place at least twice a year. 
 
 The councils may be called upon to give its opinion on the bills pre- 
 sented to the cor'ps legislatif (prqjets de hi) on the regulations and de- 
 crees relative to instruction, and, in general, on all questions which 
 may be submitted to it by the minister. It is necessarily called upon 
 to give its opinion relative to examinations, to competitions (concours) 
 and to the programmes of studies in the public schools, to the supervis- 
 ions of the free schools, and in general, on all the decrees relative to the 
 regulation of the establishments of public instruction; on the creation 
 of faculties, lyceums and colleges, on aid and encouragement to be 
 given to the free establishments of secondary instruction ; on the books 
 which may be introduced into the public schools ; and on those whicfi 
 should be prohibited in the free schools, as contrary to good morals, 
 to the constitution, or to the laws. It pronounces final decisions on the 
 judgments rendered by the academic councils, in cases determined by 
 article fourteen of the law of 15th March, 1850, on instruction. 
 
 The council presents a yearly report to the minister on the general 
 state of instruction, on the abuses which may have been introduced in 
 the establishments, and on the means of remedjring them. 
 
 The inspectors general of public instruction are sixteen in number, 
 viz : 
 
 For superior instruction, three members in the department of letters; 
 three in the department of sciences ; one in the department of law, and 
 one in the department of medicine. 
 
 For secondary instruction, three in the department of letters, and 
 three in the department of sciences ; for primary instruction, two mem- 
 bers. 
 
 The commission swperieure of asylums consists of a president, vice- 
 president, secretary, assist9;pt secretary, and one other. Connected 
 with this commission are twenty-six lady commissioners ; two ladies 
 as general delegates, and one lady, special delegate for the department 
 of the Seine. 
 
 Committee of the language and of the history of the arts of France. 
 
 This committee, instituted in the department in 1834, was reorgan- 
 ized by a decree of 14th September, 1852. 
 
 It is called upon to deliberate and give its opinion on the various 
 propositions for publication proposed to the ministry the " receuil ie 
 documents inedits relatifs d Vhistoife de France." It concerns itself not 
 only with all the documents relative to the history, properly so called, 
 of the French nation, such as chartes, chronicles and judicial registers, 
 but also with all those which concern the history of the national lan- 
 guage and literature, the history of sciences, philosophy, jurisprudence, 
 political economy, and arts and monuments. It is presided over by 
 the minister, and in his absence by the vice-president. 
 
 The committee holds its sittings the first Monday of every month, the 
 three sections united under the presidency of the minister, and, in his 
 absence, one of the vice-presidents. In addition each section meets once 
 a month for the preparatory examination of questions to be submitted 
 to the general meeting. 
 
APPENDIX. 309 
 
 The committee consists of the minister, president, a vice-president, 
 secretary of committee, honorary secretary, and forty-three members, 
 thus : the 
 
 Section of philology has a president and eleven members. 
 
 Section of history, president and fourteen members, and one honorary 
 member. 
 
 Section of archeology, president and fourteen members. There is also 
 a secretary of committee and an honorary secretary. 
 
 French school of Athens. 
 
 This school was instituted at Athens by an ordonnance of Sept. 11th, 
 1846, for the study of the language, history, and antiquity of Greece. 
 It is under the direction of a prqfesseur defactdte, or of a member of the 
 institute, who is appointed by the emperor. It has a section of fine- 
 arts composed of — pupils from the Academy of France at Rome, 
 selected by the minister of the interior. 
 
 The school of Athens is placed under the supervision and authority 
 of the minister of France to the king of Greece. 
 
 The persminelle of the school of Athens consists of a director, four 
 members of the school, and eleven former members. 
 
 Committes of arts and religieuse edifices. 
 
 This committee was instituted by a decree of the government, dated 
 16th December, 1848, and was reorganized by an imperial decree of 
 March 7th, 1853. Its members are appointed by the minister of public 
 instruction and worship. It is charged to give its opinion on the use 
 which should be made of the funds allotted in chapters 9, 10, 11, 16, 
 and 18 of the budget of the administration of worship. 
 
 Three inspectors general, appointed annually by the minister, are 
 charged with the service of the diocesan works. They belong neces- 
 sarily to the section of architecture and of sculpture. 
 
 This committee is under the charge of the director general of the 
 administration of worship. It is divided into three sections : 
 
 1st. Section of architecture and sculpture, with nineteen rnembers. 
 2d. Section of painted glass and religious ornaments, with six mem- 
 bers. 3d. Section of organs and religious music, with ten members. 
 
 There is also a committee of inspectors of diocesan works, consist- 
 ing of four members. 
 
 Also, a service of diocesan edifices, organized by a decree of the 
 government of December 16th, 1848, and a ministerial edict of 12th 
 March, 1849, determined the circumscription of the dioceses and the 
 preservation of their edifices. There being fifty-five circumscriptions, 
 each in charge of two or three members of the service. 
 
310 appendix. 
 
 Department of Justice. 
 
 Functions. — Organization and oversight of all branches of the justi- 
 ciary ; relations to the emperor respecting all matters of regulation, 
 administration of justice, statistics of the civil, commercial, and crimi- 
 nal courts, pardons, commutations, rehabilitations; exemptions on ac- 
 count of age, relationship and alliance in regard to marriage, and the 
 exercise of judiciary functions ; petitions for naturalization, and for per- 
 mission to enter foreign service, &c. Orders and, instructions to be 
 forwarded to the courts and tribunals in all that relates to the execution 
 of laws and regulations in the administration of civil and criminal jus- 
 tice ; correspondence with the procureurs general on subjects submitted 
 to the action, or confided to the supervision of the ministere puhlic. 
 Propositions relative to the appointment and promotion of functionaries 
 in the order of the judiciary in the legion of honor ; judiciary discipline ; 
 appointment of presidents of the courts of assizes ; organization and 
 regime of the notarial; creation and suppression, of ministerial offices; 
 international rogatory commissions, and^ extradition of malefactors ; 
 regulation of the expenses of the judiciary order, and of the central ad- 
 ministration ;, measures relative to the promulgation of laws, forward- 
 ing of the bulletin official; imperial printing office. 
 
 The decisions of the imperial courts which pronounce or confirm the 
 censure with reprimand, or the provisional suspension of a judge, are 
 not put in execution till they have been approved by the minister of 
 justice {garde des sceaux) who can also summon the members of the 
 courts and tribunals, and also the officers of the ministere public, to ap- 
 pear before him, for the purpose of explaining the charges which have 
 been preferred against them. The measures of discipline pronounced 
 by the courts and tribunals against the officiers rainisteriels are also 
 submitted to the mmister of justice. 
 
 The private cabinet of the minister. 
 
 This is under the direction of a ch^ and sub-chef. 
 
 Fu7Ktions. — The opening of dispatches ; distribution of the corres- 
 pondence ; reserved affairs ; requests for audience ; affairs not specially 
 attributed to any bureau ; and the private correspondence of the min- 
 ister. 
 
 Secretaryship general. 
 
 This is under the direction of a secretary general. 
 
 Functions. — Direct supervision of all the business of the mmister of 
 justice ; presidency of the council of administration, at which the sec- 
 retary general fulfils the duties of commissary of the government for 
 affairs of the seal ; special direction of the personnel of the court and 
 tribunals ; discipline of the magistrature ; personnel of the central ad- 
 ministration ; legion of honor; official honors and precedency ; record- 
 ing and distribution of dispatches ; archives. 
 
APPENDIX. 311 
 
 Division of the personnel. 
 
 This is under the direction of a sub-director and a chefde bureau. 
 
 Functions. — Personnel of the courts, tribunals, and justices of the 
 peace ; maglstrature of Algiers and the colonies ; registres de pointe ; 
 disciplinary measures ; leaves of absence ; greffes. 
 
 Bureau of registration and legalization. 
 
 This is under the direction of a chef. 
 
 Functions. — ^Analysis and registration of dispatches ; information re- 
 ceived {rensagnemens) and the legalization of civil and judiciary docu- 
 ments for the colonies and foreign countries. 
 
 Bureau of archives. 
 
 This is under the direction of a chef. 
 
 Functions. — ^Preservation of the original drafts of law^s ; depot of im- 
 perial decrees, and decisions of the minister of justice ; opinions of the 
 council of state, and the principal opinions of the council of administra- 
 tion ; the papers {dossiers) and circulars of the department of justice ; 
 preparation of the Bulletin. des Lois; keeping of the register of promulga- 
 tion ; care of the library of the department ; classification and commu- 
 nication of preserved documents. 
 
 The general organization of the department consists of a direction of 
 civil affairs and of the seal, with three bureaux; a direction of criminal 
 affairs and of pardons, with three bureaux ; and a direction of accounts 
 and pensions, with two bureaux. 
 
 I. — Direction of civil affairs and those of the seal. 
 
 This is under the charge of a director. 
 
 1st Bureau. 
 This is in charge of a chef. 
 
 Functions. — Correspondence relative to whatever concerns civil mat- 
 ters ; rogatory commissions ; disjiutes ; publication of judgments in re- 
 lation to absences and successions in escheat ; declarations, {denoncia- 
 tions) before the court of cassation, for exces de pouvoirs, and appeals in 
 the interest of the law ; questions of judicial organization and of civil or 
 commercial legislation ; creation of tribunals of commerce, justices of 
 the peace, temporary chambers in the imperial courts, and tribunals of 
 the first instance ; lists {tableaux) of advocates ; statistical record of 
 marriages, births, deaths, &c., or Stat civil ; civil part of the official 
 bulletin of decisions of the court of cassation. 
 
 2d Bureau. 
 This is in charge of a chef. 
 
312 APPENDIX. 
 
 Fimctions. — Naturalizatioias ; admission of foreigners to be domicili- 
 ated in France ; reintegration to the quality of Frenchman ; authoriza- 
 tion to serve abroad ; exemptions as to age, relationship, or alliance in 
 respect to marriage ; changes and additions as to name ; majorats ; do- 
 tations ; regulation, reduction, and remission of judicial claims, {droits 
 de sceaux ;) journal des savants; personnel, and discipline of the refer- 
 endaries to the seal of France. 
 
 Zd Bureau. 
 
 This is in charge of a chef. 
 
 Functions. — Personnel of the advocates of the court of cassation, the 
 advocates of the imperial courts and tribuaals of the first instance, 
 public appraisers and auctioneers, {commissaires prisfsurs,) huissiers, and 
 gardes du commerce ; police and discipline ; creation and suppression of 
 cMces ministeriels ; regime ; organization, and discipline of the notary- 
 ship ; creation and suppression of notarial residences. 
 
 11. — Direction of criminal affairs and of 'pardons. 
 
 This is in charge of a director. 
 
 \st Bureau. 
 
 This is in charge of a chef. 
 
 Functions. — Prosecution for crimes, misdemeanors, (delits) and con- 
 traventions; supervision of the instruction des procedures and the execu- 
 tion of sentences ; appeals en cassation, in the interest of the law ; pe- 
 titions as to the regulation of judges, and for their removal, (renvoi) in 
 case of legitimate suspension; trial, [mise enjugement,) of the agents of 
 the government; nomination of the presidents of the, courts of assizes ; 
 questions relative to military and maritime tribunals ; examination and 
 execution of conventions concerning the extradition of malefactors; 
 rogatory commissions ; questions of the competence of criminal courts, 
 (qu,estions de competence crimineUe ;) questions relative to costs of court, 
 (frais de justice ;) criminal department of the official bulletin of decisions 
 of the court of cassation; examination of the jury lists. 
 
 2d Bureau. 
 
 This is in charge of a cAg/". 
 
 Functions. — ^Petitions for pardon and commutations of punishment ; 
 rehabilitations ; collective pardons granted annually to persons in the 
 bagnes and prisons ; sending up to the court of cassation the appeals f 
 against decisions and judgments pronounced in criminal, correctional, 
 and simple police cases ; returning the decisions taken in these appeals. 
 
 3d Bureau. 
 
 This is in charge of a chef. 
 
APPENDIX. 
 
 313 
 
 Functions. — ^Preparation of the general accounts of the administra- 
 tion of criminal justice, and of the administration of civil and commer- 
 cial justice ; collection of the judicial statistics published in foreign 
 countries. 
 
 (The civil statistics are under the supervision of the directors of civil 
 affairs.) 
 
 ITI. — Direction of accounts and of pensions. 
 This is under the charge of a director. 
 
 1st Bureau. 
 
 This is in charge of a chef. 
 
 Functions. — Preparation of accounts and of budgets ; distribution of 
 legislative credits; petitions for funds, (demandes de fondes;) ordering of 
 aU the expenses of the personnel and materiel on the continent and in 
 Algiers; keeping of the writings, {tenue des ecritures ;) verification of 
 the table of salaries, {etats de traitment;) examination of the accounts 
 rendered by the prefects ; minor expenses of the courts and tribunals ; 
 examination of the claims as to resignation of ofl&ce, [droits a, la re- 
 traite ;) liquidation and settlement {mise en payement) of pensions ; ex- 
 amination of the accounts of surplus funds, (fonds de retenu ;) allow- 
 ance given to former magistrates and to former employes of the charicel- 
 lerie, and to their widows and children ; materiel of the department of 
 justice. 
 
 2d Bureau. 
 
 This is under the charge of a ch^. 
 
 Functions. — Verification, regulation, and ordering the payment of all 
 the costs of court {frais de justice) in criminal, correctional, and simple 
 police cases. 
 
 There is also connected with the department of justice a council of 
 administration, consisting of the secretary general, who is president ; the 
 director of accounts and pensions ; the director of civil affairs, and those 
 of the seal ; and the director of criminal affairs and pardons, and a 
 secretary. 
 
 Functions. — This council, on the report of the directors of the service 
 who compose it, examine (after they have been prepared in the various 
 bureaux) all the matters connected with the following subjects : Sen- 
 tences of death ; appointment ; promotion and recall of all the employes 
 of the chancdlerie, except those in the cabinet of the minister ; the 
 " fixation," creation, and changing of notarial residences ; determina- 
 tion of the number of ofjiciers ministeriels ; creation and suppression of 
 tribunals of commerce, and permanent or temporary chambers of other 
 judicial tribunals ; augmentation of the personnel of the tribunals ; mea- 
 sures of discipline to be taken against the employes of the chancellerie ; 
 and propositions for the aggravation of the primitive measure against 
 the oficiers ministeriels ; majorats; dotations and titles of nobility ; loss 
 
314 APPENDIX. 
 
 of salary {privation de traitement) incurred by magistrates and other of- 
 ficers of justice ; increase of payment of the magistrature ; division of 
 the fees {fonds de grat^cations) of the chancellerie ; applications for pen- 
 sions in those cases wherein they are not necessarily accepted or regis- 
 tered by the terms of the regulations ; applications for assistance from 
 former magistrates, former employes of the chancellerie, and their widows 
 and children ; regulation of the minor expenses and the bar, {parquet;) 
 expenses of the courts and tribunals ; contracts made hy the chancellerie. 
 
 Also, all other affairs, when they originate {ressortissent :) 1st. In 
 several of the "directions ;" 2d. When they are sent before the coun- 
 cil either by the minister of justice {garde des sceanx) or the secretary 
 general, or when they are laid before it, of his own accord, by the chef 
 de service competent. 
 
 In his quahty of commissary of the seal of France, the secretary 
 general communicates the conclusion arrived at by the " committee of 
 the seal" (united to the council of administration by the ordonnance of 
 October 31, 1830,) on matters {majorats, dotations. Sec.) which were sub- 
 mitted to its decision. 
 
 The council meets at least once a week. Its decisions, resulting 
 from a vote of the majority, are written out by the secretary, and sub- 
 mitted by the president to the minister, {garde des sceaux.) 
 
 There are twelve referendaries of the seal of France, having a 6a- 
 reau, consisting of a president, treasurer, and secretary. 
 
 The referendaries are charged exclusively to attend to {poursuivre) 
 the delivery of letters patent relative to the collation of titles ; the pre- 
 paration of applications concerning majorats and dotations ; and the 
 payment into the treasury, on orders of payment delivered by the direc- 
 tor of civil affairs, of the droits de sceau. 
 
 There are also connected with this department an engraver and a 
 physician. 
 
 The Imperial Printing Establishment. 
 
 Imprimerie which comes within the province of the department of 
 justice, is under the charge of a director, whose cabinet is organized 
 into five different " services," each in charge of a chef, and a depart- 
 ment of oriental typography, under the charge of an inspector. 
 
 There is also a service of health, a service of buildings, and a com- 
 mittee for the examination of works which are proposed for gratuitous 
 printing. 
 
 The functions of the establishment are, the printing, distribution, and 
 sale of the laws, ordinances, regulations and documents {actes) of the 
 government; minutes for. the council of state and the cabinet of the 
 household of the emperor ; prints, bills, drafts, &c., emitted by the 
 public treasury ; making of cards, printing of conges for the troops, bre- 
 vets, stamps, passports, &c. Service general of the departments and 
 central arid special administrations, the printing for which is paid from 
 
APPENDIX. 315 
 
 the funds {demers) of the State ; printing of works of science and art, 
 published, by special authorization, at the expense of the government ; 
 printing, at the expense of the authors, and by special authorization of 
 the minister of justice, of works written wholly or in part in foreign 
 characters. 
 
 The printers of Paris are authorized, by a decision of the minister 
 of justice, to have set up and printed at this establishment any portion 
 of works they have undertaken to print which are written in oriental 
 characters, or in any of the peculiar signs and types which are found 
 in the foreign department of the office. 
 
 U') 
 
 Department of Foreign Affairs. 
 
 Functions of the departnmt.^The negotiation and execution of politi- 
 cal and commercial treaties and conventions ; relations with ambassa- 
 dors, ministers, and diplomatic and consular agents, whether represent- 
 ing foreign countries in France, or representing France in foreign 
 countries. 
 
 Cabinet of the minister and secretaryship. 
 
 This is under the direction of a chef. 
 
 Functions. — Opening of dispatches ; personal correspondence of the 
 minister ; audiences ; reserved works ; proctocols ; cypher, {chiffre ;) 
 departure and arrival of correspondence and of couriers ; the centrali- 
 zation of tables, notes, and registers, relative to the personnel ; statistics 
 and translators. 
 
 Bureau of proctocols. 
 
 This is directed by a sub-director, chef of the bureau, who works 
 directly in co-operation with the minister. This bureau has connected 
 with it a 
 
 Bureau of departure and arrival of coirespondence. 
 
 This is under the direction of a chef, which attends to the transmis- 
 sion of dispatches and conventions ; letters of authorization, {pldns 
 pouvoirs,) commissions, provisions, exequators, recall, and recreance; 
 ceremonials and protocols ; privileges, immunities and diplomatic 
 franchises of ambassadors and foreign ministers ; diplomatic audiences, 
 decorations, &c. 
 
 This general organization of this department consists of a director 
 of political affairs, and matters in dispute, with four sub-directions ; a 
 direction of consulates and commercial affairs ; a direction of archives 
 and of the chancellerie ; and a direction of funds and accounts. 
 
 I. — Direction of political affairs ajid matters in dispute. 
 This is in charge of a director. 
 
316 APPENDIX. 
 
 Functions. — Political affairs ; questions of boundary, (limites) and of 
 extradition ; postal conventions ; personnel of diplomatic agents, &c., &c. 
 
 Sub-direction of the North. 
 
 This is in charge of a sub-director. 
 
 Functions. — Correspondence and affairs concerning Great Britain, 
 Russia, Prussia, Austria, the various German States, Belgium, the 
 Netherlands, Sweden and Denmark. 
 
 Sub-direction of the South and America. 
 
 This is in charge of a sub-director. 
 
 J^MWcJMms.— Correspondence and affairs concerning Spain, Portugal, 
 the Italian States, Switzerland, and the States of North and South 
 America. 
 
 Sub-direction of the Levant. 
 
 This is in charge of a charge of sub-direction. 
 
 Functions. — ^Correspondence and affairs concerning the Ottoman Em- 
 pire, Greece, the Regences Barbariques, Morocco, Persia, the East 
 Indies, China, and the countries of Africa. 
 
 Sub-direction of matters in dispute, {contentieux.) 
 
 This is under the charge of a sub-director. 
 
 Functions. — The consideration of matters of dispute which should be 
 arranged in conformity with diplomatic regulations ; and those which 
 result from claims preferred by French subjects against foreign govern- 
 ments, and by foreigners against the French government ; postal con- 
 ventions ; treaties of extradition and matters therewith connected 
 
 II. — Direction of consulates and commercial affairs. 
 
 This is in charge of a director and two sub-directors. 
 
 Functions. — Commercial affairs ; treaties of commerce and naviga- 
 tion ; protection of French commerce in foreign lands ; the claims pre- 
 ferred by foreign commerce against the French government ; the regu- 
 lation of the accounts of consular chancelleries ; the ^personnel of consular 
 agents and the dragomen of consulates. 
 
 Direction of archives and of the " chancellerie." 
 
 This is formed under the sub-direction of archives and of the bureau 
 of the chancdlerie, and placed under the charge of a director and sub- 
 chief. 
 
APPENDIX. 
 
 317 
 
 Functions. — The preservation and classification of all the coiTespond- 
 ence of the department, of which it prepares an analytical table ; col- 
 lection of treaties and diplomatic documents of all kinds ; dep6t of de- 
 crees and decisions ; researches for all documents and information 
 required for the service of the department, and for all other service, 
 both public and private. 
 
 Bureau of the " chancellejie." 
 This is under the direction of a chef. 
 
 Functions. — ^AU passports except those of the cabinet; regulaiizations, 
 lisa, and the collection of fees {droits) connected with them ; transmis- 
 sion of judiciary proceedings {acies) and rogatory commissions; the dis- 
 cussions of questions touching the state of births, deaths, marriages, 
 &c., {Petat civil,) and the examination {instruction) of claims relative to 
 matters orprivate interest, such as unsettled estates {successions ouvertes) 
 in foreign lands, claims to be recovered {hs recouvrements) from private 
 persons, &c., &c. 
 
 This is the only bureau of the department of foreign affairs which 
 is open to the public. It is accessible every day except Sundays and 
 fete days. 
 
 IV. — Direction of funds and accounts. 
 
 This is under charge of a duector and sub-director. 
 
 Functions. — General and paiticular works relative to the expenses of 
 the department; correspondence with the poUtical and commercial 
 agents in all financial matters, and everything connected with them ; 
 keeping the accounts in double entry, and the books and registers pre- 
 scribed by the ordinances and the special regulations ; the liquidation 
 of the expenses of the service of all the agents, also of the travelling 
 expenses and other charges of couriers ; diplomatic presents ; retu-ing 
 pensions, &c., &c. 
 
 The director is member of the consulting committee of matters in dis- 
 pute, {comitc constdtatif du contentieux.) 
 
 There aae connected with the department of foreign affairs one first 
 secretary interpreter, two secretary interpreters, and one secretary in- 
 terpreter for the language of China. 
 
 There is a " consulting committee on matters in dispute," consisting 
 of a president, secretary, and four other members. 
 
 There is also an "agency of the department" at Marseilles, directed 
 by an agent, and a judiciary council of the department, consisting of 
 three members. 
 
318 APPENDIX. 
 
 {k.) 
 
 Department of War. 
 
 Functions. — Recruitment, organization, inspection, police, discipline, 
 mouvements, and operations of the army ; administration of all the per- 
 sonnel composing it, (staff, troops of all arms, administrative services, 
 service of health ;) military recompenses ; imperial military schools ; 
 imperial establishments of artillery and engineers ; the materiel of these 
 arms ; places de guerre ; imperial hotel of invalids and military hospi- 
 tals; military journals and disciplinsiry establishments ; military equi- 
 pages and conveyances ; provisions ; forage, fuel, and clothing of 
 troops ; military beds ; encampment ; mounting of the horse-troops ; 
 harness ; settlements and salaries of every kind. General and munici- 
 pal administration of Algiers, (organization, administration of the per- 
 sonnel and. the materiel ; Arabian affairs; colonization; agriculture; do- 
 mains ; public works ; mines ; forests ; various taxes ; commerce ; cus- 
 toms; statistics.) Military dep6t, (geodesy, topography, drawings, 
 engraving, historic works; military statistics, libraries, historical 
 archives, map of France.) General accounts, (control and settlement 
 of expenses, matters in dispute, budgets, general accounts; comptes- 
 matieres, pensions, succor ;) the administrative archives of war ; the 
 civil condition {etat civil) of the army ; authentication (constatement) of 
 services ; the depot of preservation of all documents therewith con- 
 nected. 
 
 There are two aides de camp to the minister, and a staff consisting of 
 nine persons. 
 
 Cabinet of the Minister. 
 This is under the direction of a chef. 
 
 Functions. — Opening, registration, and transmission of dispatches ; 
 centralization of work with the emperor ; business connected with the 
 franking privilege and the counter seal ; public audiences ; communica- 
 tion with the journals ; reserved and secret affairs, and affairs not be- 
 longing to any bureau. 
 
 The general organization of this department consists of directions, 
 each direction being subdivided into bureaux. 
 
 Ist Direction. — Personnel. 
 
 This is under the charge of a director and a director-adjoint. 
 
 1st Bureau. — General correspondence and military opercuions. 
 
 This is under the direction of a chef. 
 
 Functions. — Correspondence with the civil and military authorities in 
 all that concerns the mterior service of the State ; the maintenance of 
 order and public tranquillity ; general affairs ; elections ; apposition of 
 the seals in all cases provided for by the edict of the 13th Nivose, an. 
 X; interpretation of regulations common to all arms, and modifications- 
 
APPENDIX. 319 
 
 to be made in these regulations ; application of the general laws of the 
 State to the army; public ceremonies, reviews, and other military 
 celebrations ; honors and matters of precedence ; matters in dispute, 
 discipline of troops en route, in garrison, and in camps and cantonments ; 
 nomination of non-commissioned officers in active service to places in 
 the public service, (correspondence with the competent departments ;) 
 national guards in all that concerns the department of war ; police and 
 annual inspection of the officers not on duty ; military operations , mili- 
 tary marches and manoeuvres ; stationing and movement of troops ; 
 camps and formation of armees actives, assiette des gites d'etape ; effective 
 of the army. 
 
 2d Bureau. — Staffs, military schools. 
 
 This is under the direction of a chef. 
 
 Functions. — General officers ; staff" corps ; staff" of fortified towns, 
 (places ;) ecole imperialc d'application of the staff", {personnel, instruction 
 and administration ;). imperial polytechnic school, {personnel, instruction 
 and administration ;) imperial special military school of St. Cyr, {per- 
 sonnel, instruction and administration ;) imperial military prj'taneum, 
 ( personnel, instruction and administration ;) shooting school, {personnel, 
 instruction and administration ;) regimental schools ; military gymna- 
 siums ; musical gymnasiums. 
 
 3d Bureau. — Recruitment, (" Conscription.") 
 
 This is under the charge of a chef. 
 
 Functions. — Levy of recruits for the year, {appel des classes ;) distribu- 
 tion of the contingent in the departments ; operations of the councils of 
 revision ; incorporation of the recruits ; voluntary enlistments and re- 
 enlistments ; liberation of soldiers who have completed their term of 
 service; unlimited congas of discharge and of invalids; organization, 
 direction, employment, and supervision of the received men of the 
 army ; personnel of depots of recruitment. 
 
 * 4ih Bureau. — Military tribunals. 
 
 This is under the direction of a chef 
 
 Functions. — Judicial correspondence on civil and criminal matters ; 
 notification and classification of the decisions of councils of war ; pur- 
 suit and prosecution of deserters and insubordinate soldiers ; gite and 
 gedlage ; application of amnesties, pardons, and commutations of pun- 
 ishment ; administration of compagnies de discipline ; military peniten- 
 tiaries ; ateliers of persons condemned to the chain and ball, {boulet,) 
 or to labor on public works ; mihtary prisons-; extraditions ; prisoners 
 of war — their police and their exchange ; naturalization of soldiers in 
 active service. 
 
 bth Bureau. — Gendarmerie. 
 
 This is under the direction of a chef. 
 
320 APPENDIX. 
 
 Functions. — Personnel, organization, mouvement, service, inspection, 
 clothing, equipment, harness, and barracks of the departmental gendar- 
 merie, of the gendarmerie of Africa, of the battalions of the picked gen- 
 darmerie, {gendarmerie d^ elite) of the guard of Paris, and of the public 
 forces of the interior, and of the armies ; gendarmerie of the colonies ; 
 companies of veteran gendarmes ; sapeurs pompiers of the city of 
 Paris. 
 
 6th Bureau. — Infantry. 
 
 This is under the direction of a chef. 
 
 Functions. — Personnel and social statutes {Stat civil) of the regiments 
 of infantry of the line, and of light infantry, of the battalions of the foot; 
 chasseurs of the battalions of light infantry of Africa ; of the regiments 
 of Zonaves, of the companies of discipline, of the companies of non- 
 commissioned officers and veteran fusileers, of the regiments of the 
 foreign legion, and of the native corps of infantry in Algeria; personnd 
 of infantry officers not on duty. , 
 
 1th Bweau.^-Catalry, equipment. 
 
 This is under the charge of a chef. 
 
 Functions. — Personnel, and social and military statistics {etat civil) of 
 cavalry regiments, of native corps of cavalry in Algeria, and of com- 
 panies of cavalry de remonte ; imperial school of cavalry, personnel, ac- 
 counts and admininistration ; personnel of cavalry officers not on duty ; 
 organization, administration, and accounts of tlie etahlissements de re- 
 monte, of studs, {haras,) of depots, and of stations of stallions in Algiers ; 
 pers6nnel; organization, and social and military statistics {Slat ciml el 
 militaire) of veterinary surgeons of cavalry ; maintenance of military 
 pupils at the veterinary school at Alfort ; equipment of cavalry ; pur- 
 chase of training horses and race horses for the cavalry schools, prac- 
 tice schools of artillery, and of engineering, and of the staffs ; equipment 
 of artillery, of the train des pares d'arlillerie ; of engineering, and of the 
 train des equipages militaires; purchase of mules {mulets) and other draught 
 and pack animals for the service of these arms ; eqiiipment, a litre onA-- 
 eux, of general officers functionaries, of military intendance, of superior 
 officers of all arms, of captains of cavalry and of the staff, for the horse 
 which they must furnish at their own charge, and for the gendarmerie; 
 sanitary arrangements relative to the horses in the various corps of 
 cavalry. 
 
 2d Direction. — Artillery Service. 
 
 This is under the charge of a director. 
 
 1st Section. Personnel This is under the direction of a chef. 
 
 Functions. — Personnel, organization, inspection, social, and military 
 statistics of the officers, guards, employSs, and troops of artillery ; of the 
 companies of veteran artillerymen, and of the trains of parks of ar- 
 tillery; harnessing of horses of artillery troops; regimental school of 
 arms ; appointment of master armorers of the corps of troops. 
 
APPENDIX. 
 
 321 
 
 2d section. Materiel accounts. This is under the direction of a chef. 
 
 J^MWctiows.— Schools and directions of artillery ; arsenals ; forges ; foun- 
 dries ; powder-magazines and sajtpetre refineries ; central depot and 
 museum of artillery ; formation of equipages of artillery in station and 
 in the country ; armament of stations and of coasts ; manufactory of 
 arms and ateliers for reparation; armament of the troops and of the na,- 
 tional guard ; delivery of munitions ; subscription for the maintenance 
 of arms in the corps ; manufactory of flags, standards, and of the laimis 
 of the marshals of France ; manufacture of percussion caps ; importa- 
 tion and transportation of arms ; construction and maintenance of build- 
 ings and establishments used in the service of artillery ; acquisitions, 
 exchanges, and locations of immovable property ; accounts of the ex- 
 penses of the artillery service ; accounts matieres of the same service. 
 
 3d Direciion. — Engineer Service.. 
 
 This is under the charge of a director. 
 
 1st section. Personnel. This is under the charge of a chef. 
 
 Functions. — Personnel, organization, inspection, and social and military 
 statistics of officers, guards, employes, and troops of the engineer service; 
 of the companies of workmen and of veterans ; regimental schools of 
 engineering ; ecole imp^iale d' application d'artillerie et du genie, at Metz ; 
 directions and arsenals of the 'engineer service ; depot of fortifications 
 and gallery of plans in relief of the fortified places ; personnel of the 
 lock-keepers of the fortifications ; of the porters {concierges) of the bar- 
 racks and paviSons, and of the licensed cantiniers in the forts and cita- 
 dels ; harness of the horses of the troops of engineers ; all the affairs 
 relating to the service of the engineers (personnel and materiel) in Algiers 
 and to the armies. 
 
 2d section. Materiel accounts. This is under the charge of a chef. 
 
 Functions. — ^Works of the fortifications and military establishments ; 
 works of the departments of the interior, of the marine, and of public 
 works, so far as concerns the department of war ; location of land and 
 of buildings for military service ; general location of the barracks of 
 the troops and of the buildings of the military administration ; subscrip- 
 tion of uie towns towards the expenses of the barracks ; military do- 
 main ; military servitudes in the limits of the fortified places ; accounts 
 of the expenses relating to the engineer service ; accounts ma^eVe* be- 
 longing to the same service. 
 
 4th Direction. — Administration. 
 
 This is under the charge of a director. 
 
 ist Bureau. 
 
 Intendance militaire, administrative, personnel, marching service, trans- 
 portations, military equipages. This is under the charge of a chef. 
 21 
 
322 AFFENDUL. 
 
 ^ncftoB*.— Administrative inspections ; personnel and social condition 
 {etat civil) of the corfs de IHntendance militaire; personnel, social condition 
 and pay of the clerks in the bureaux of the intendance, of the officers and 
 pupils of the administration of the -service of the hospitals, of the cloth- 
 ing and encampment service, and of the service for military provisions; 
 personal and social condition of the battalion of workmen (ouiriers) of 
 the administration, and of the former employes and som-empteyes of the 
 administrative services of the army ; personnel, social condition, and 
 materiel oi the corps of military equipages ; marching service, including 
 military trains, {convois,) Vindemnite de route, and expenses of^ the post 
 and of couriers ; furnishing of eflfects and small equipments to soldiers 
 tr?ivelling alone ; general transportation services in this interior and by 
 sea. 
 
 2d Bureau. 
 
 Military pensions ; fire materials, {chattffage ;) under charge of a chef. 
 
 Functions. — Purchase of provisions necessary to secure the supply of 
 bread and meats ; salt, rice, vegetables, liquors, and provisions de siege 
 et de reserve ; subscriptions for the baking service, (with the accounts ;) 
 adtninistration of the forage service, and of the lighting and fuel ser- 
 vice ; and the accounts of these various services. 
 
 3d Bureau. 
 
 Personnel of the health officers ; mihtary hospitals ; civil hospitals f 
 regimental infirmaries ; invalids. This is under the charge of a chef. 
 
 Functions. — Personnel and etnt civU of the members of the council of 
 health of the armies, and of the heailth officers of the troops and the mili- 
 tary hospitals ; military almoners ; person?8e?, and e^o^ cjto/ of military in- 
 Jirmiers; administration of the service of the military hospitals; whether 
 in the interior or aux armees; subscription to the civil hospitals for the 
 treatment of soldiers ; sending of soldiers (militaires) to the springs, 
 (eauxthermales;) regimental infirmaries ; depots for the convalescent ; 
 accounts of these various services ; persomnel, administration and ac- 
 counts of ithe imperial hotel des invalides. 
 
 Alh Bureau, 
 
 Clothing ; military beds ; encampment ; harness ; under the charge 
 of a head clerk, (chef.) 
 
 Functions. — Administration and materials for the clothing service ; 
 military beds and encampment for the corfs of all arms, except the 
 gendarmerie ; fixation et administration des musses d'entretien d'hahUlement 
 de torn les cmps de I'armee, excepting the gendarmeiie; regulations rela- 
 tive to uniforms ; estabhshments of modeles-types of goods for clothing, 
 and for coiffure of large and small equipments, and of the encapments ; 
 administration and materiel of the harness service, and establishment of 
 modeles-types, so far as concerns the cavalry regiments ; fxation and 
 administration de la masse d'entretien dchamctchement etferragede la cava- 
 lerie ; military lodgings; the accounts of these various services. 
 
APPENDIX. 3SSS 
 
 5th Bureau. 
 
 Pay? ex^BmatioBi*^ accounts ; interior adminisUation of the corps of 
 all arms ; under the direction of a chtf. 
 
 Functions. — ^Pay and indemnities of all kinds in the service of the 
 staffs, and of the corps of all arms ; of the administrative -personnel of 
 the hospitals, excepting so far as relates to clothing and military provi- 
 sions; gratuities (P entree en campagne; expense of extraordinary mis- 
 sions ; indemnities for loss of goods and horses by officers ; delegations ; 
 successiojis ; officers' debts ; interior accounts of the troops ; verification 
 of examinations and discoimts, liquidation des masses individuelles, so far 
 as concerns the men who have been released from service. 
 
 5lh Direction. — Jffairs in Algien. 
 This is in charge of a director. 
 
 \st Bureau. 
 General and municipal administration ; Arabian affairs, with a chef. 
 
 J'MTicfioBs.^— Organization of the government and of the general ad- 
 ministration ; general correspondence ; foreign consuls ; political refii- 
 gees ; transfer to France of persons under sentence ; telegraph service ; 
 press and book service ; political and administrative mjssiijps i scientific 
 commissions ; official publications ; prefectoral and communal adcpinis- 
 trations ; commissaries of police ; regulations of administration, and of 
 the municipal police ; city common sewers ; salubrity ; social statistics, 
 (etat ciml;) militia; medical service, hospitals, and civil hospces ; 
 charitable establishments ; pawnbrokers' estabUshments, (monts de 
 piete;) prisons ; cemeteries ; theatres ; public estabUshments ; budgets 
 of the communes ; administration of justice in Arab territory ; levying 
 the taxes ; census and mouvement of the native population ; directions of 
 the bureaux Arches ; interpreters ; chiefs and native agents ; organiza- 
 tion and administration of the military service ; indigenes {presents i) in- 
 demnities and assistance to natives ; natives imprisoned for political 
 reasons ; voyage of natives to France ; pilgrimage to Mecca ; Mussul- 
 man worship ; Mussulman schools ; organization of the service of the 
 courts of justice in concert with the competent minister ; civil and 
 criminal administration ; organization of the service of public instruc- 
 tion and worship, in concert with the competent minister ; legislation ; 
 personnel; materiel; budget and accounts, and statistics of the services 
 connected with this bureau. 
 
 2d Bvreau. 
 
 Colonization ; agriculture ; domains, with a chef. 
 
 Functions. — ^Recognizance and constitution of property ; creation of 
 centres de population agricole; city and country grants; colonization 
 (peuplement J ^passages en Algiers; depot and location of agricultural 
 colonists and laborers ; topographic operations ; legislation and rules 
 
324 APPENDIX. 
 
 relative to agriculture ; clearing of lands ; nurseries and cultures ; agri- 
 cultural institutions ; model farms ; agricultural premiums and encour- 
 agement ; impro'vement in races of horses and cattle; direction of the 
 service of registration and of domains ; location, alienation, exchange, 
 and appropriation to the civil or military public service of domanial 
 property; apposition and main Vede of sequestration ; personnel, materiel, 
 accounts, and statistics of the services of colonization, of nurseries, df 
 laborers' depots, of topographic operations, and df registration of do- 
 mains. 
 
 3d Bureau. 
 
 Public works, mines, forests, various taxes. Under direction of a 
 chef. 
 
 Functions. — Bridges and causeways; roads, bridges, and drainage; 
 aqueducts and canals; toll-bars; irrigations; maritime works; light- 
 houses and beacons, grands sewerage; parish roads of colonization; 
 expropriations by reason of public ujihty ; civil buildings ; construction, 
 maintenance, and reparation of edifices used in the public services; 
 furnishing of materials ; adjudications and contracts ; explorations and 
 grants; forage; artgsian wells; geological researches; workshops, 
 {usines;) water, {prise d'eau;) steam-engines; railroads. Recognizance, 
 management, preservation, and grants for improvements of the woocte 
 and forests ; water police, {police des eaux;) administration and collec- 
 tion of the product of the service df the various imposts ;■ Arab imposts ; 
 licences and patents ; various charges ; persontv^, materiel, , ac- 
 counts, and statistics of the services connected with this bureau. 
 
 4:th Bureau. 
 
 Commerce, custom-houses, statistics. Under direction of a chef. 
 
 Functions. — Commerce ; research after and discussion of the means of 
 extending and fortifying the comiinerce of Algiei-s with France, and with 
 foreign nations ; commercial relations between France and the natives 
 of Tell, of Algerian Sahara, of Tunis and of Morocco. Preparation of 
 the laws and regulations relative to internal and external commerce ; 
 importations and exportations ; custom-house tariffs, entrepots; maritime 
 service, fisheries ; mouvement and police of navigation ; maritime com- 
 Hlunications ; fishing for coral ; sanitary service; charhbers of commerce; 
 concours d Vetdblissement des Irihunaux de commerce ; creation and polite 
 of bourses de commerce ; renumeration of stock brokers and courtiers de 
 commerce; charges oi' courtage; banks and oflBces of discount; chartered 
 corporations, {socieies anonymes,) savings' banks ; 'insurance offices, and 
 committees of supervision of these establishments; mutual benefit so- 
 cieties among the workmen ; societies of encouragement for commerce ; 
 institution of fairs and markets ; examination of regulations relative to 
 the communal police at the fairs, markets, ports, and other public 
 places ; legislation on breadstuffs ; account of the regulating prices of 
 importation and exportation of grains; price currents of giains ; fiee cir- 
 culation of grains. Regime and tariff of slaughter-houses ; examination 
 of the regulations of the mayors for bake-houses, meat-shops, and the 
 
APPENDIX. 
 
 325 
 
 sale of eatables generally. Public exhibition of the products of indus- 
 try ; patents ; insalubrious and inconvenient establishments ; personnel of 
 the employes in the establishment for the verification of weights and 
 measures ; administration and collection of customs ; mouvemeni and cen- 
 sus of European population; centralization and publication of statistical 
 documents, especially of the situation of French establishments. Le- 
 gislation, personnel, budget and accounts of services connected with this 
 bureau. 
 
 6th Direction. — War Depot. 
 
 Under charge of a director. 
 
 1st section. Geodesy, topography, dravpng, and engraving. Under 
 charge of a chef. 
 
 Functions. — ^Revision, classification, and preservation of astronomical 
 and geodesical calculations; editing of the scientific part of the "me^io- 
 riaV of the war depot; preservation of astronomical, geodesical and to- 
 pographical instruments, &c. ; prepai'ation and mise au net of topograph- 
 ical materials for all the charts and drawings; execution of military 
 water-color drawings, designs, &c. ; engraving of all the charts, and re- 
 touching of the plates, coloring of engraved mans ; magazin of charts 
 and livres du fonds of the depot; purchase and preservation of copper 
 plates; copper plate printing; printing of the "memorial" of the depot, 
 and of works to be published. Autography of departmental charts ; 
 purchases of books, charts, historical documents, &c., for the library and 
 the archives of the depot; administration and accounts of expenses re- 
 lative thereto. 
 
 2d section. Historical works, military statistics, library, historical 
 archives, charts and plans. Under charge of a chef. 
 
 Functions. — Classification and preservation of archives relative to the 
 military history of France; editing of accounts of military operations 
 since 1792; history of regiments since their creation, and generally of 
 all historical works ; examination and classification of the principal 
 military and topographical works executed annually by the regiments; 
 collation of documents relative to military statistics; examination of 
 military works and writings published in foreign countries ; editing of 
 the historical and military part of the "memorial" of the depot. Pres- 
 ervation of the manuscript archives of the depot prior to 1792, and of 
 the library and general collection of manuscripts and engraved charts ; 
 preservation of water-colored military sketches, paintings, and works 
 of art. 
 
 Tth Direction. — General Accounts. 
 
 This is under charge of a director. 
 
 \st Bureau. 
 
 Controle of expenses ; matters in dispute ; general budgets. Under 
 direction of a chef. 
 
 Fviactvons. — jExamination and discussion of matters in dispute, also, 
 of general questions, and questions of regulation as to the accounts ; 
 
326 
 
 APPENDIX 
 
 establishing of btrdgdts ;' revision and control of the e^enses of all the 
 services ; regulation and main-levee of caution money ; debts to the 
 State. 
 
 2d Bureau. 
 
 Funds, orders pf payment, Euid general accoonts. TJnder the direc- 
 tion of a chef. | 
 
 Functions. — ^Apportionment of general funds ; supervision of the 
 employ of credits ; delivery of orders of payment and of delegations ; 
 keeping of the books by double entry; establishment of the general ac- 
 counts of each year. 
 
 Responsible Agency, (Agence Comptdble.) 
 
 Under charge of a responsible agent. 
 
 Functions. — ^Payment of the salaries of head clerks, (chefs,) and clerks ; 
 of the wages of the gens de service; of the minor expenses relative to 
 the service of the hotels and bureaux of the department; assistance 
 given to anciens militaires, and widows and orphans dirmlitaires residing 
 in Paris ; and generally all the expenses of an urgent character. 
 
 • *. 
 
 Zd Bureau. — Compte Matieres. 
 
 Under direction of a chef. 
 
 Functions. — Centralization and verification of comptes-matieres of all 
 the services ; works d^ ensemble to be produced before the court of ac- 
 counts, &c., so far as concerns this branch of public accounts. 
 
 4.th Bureau. — Pensions. Assistance. 
 
 Under direction of a chef. 
 
 Functions. — Liquidation of military retiring pensions, and of the pay, 
 pensions, and gratuities of invalids; civil pensions to the .functionaries 
 and employes of the war department ; payment of pensions and annual 
 assistance to widows and orphans; retiring pension treasuries con- 
 nected with the war department ; assistance general and special. 
 
 bth Bureau. — Internal Service. 
 
 Under direction of a chef. 
 
 Functions. — Personnel of head clerks, (chefs,) sous-chefs, clerks, and 
 gens de service; works for the reparation and maintenance of buildjuigs 
 and hotels of the war department ; supplies and general expenses of 
 the central administration ; guard and apposition of the seal of the 
 department ; printing for all the services of the war department ; litho- 
 graphy; Expenses relative to the publication of the official military 
 " Journal;" applications for situations on the part of old soldies, and 
 their transmission to the proper departments of the public administra- 
 tion. This bureau consists of nine members. 
 
APPENDIX. 327 
 
 6tk Bureau. — Laws, archives, decoratvms. 
 
 This is under direction of a chef. 
 
 Functions. — ^Registration and notification of decrees and reports ap- 
 proved by the emperor ; care and classification of laws, decrees, de- 
 cisions, regulations, instructions, and circulars ; of the portfolios, {dos- 
 siers,) and of the documents which are no longer required for the 
 regular work of the bureaux; of the archives prior to January 1, 1816; 
 of the Eirchives of the order of St. Louis and of the merite tnilitaire; of 
 the portfolios {dossiers) of deceased officers, or of officers resigned or 
 dismissed ; of the registers of matriculation and comptrol of corps licen- 
 sies ; of the former niatricules renewed in the corps of all the armies ; 
 of the registers of social statistics {Fetat cioil) kept by the military 
 authority in foreign parts of the servitors of the empire ; of extracts 
 firom these registers and oiactes mortuaires prepared in the interior con- 
 cerning militaxres and employes militaires; delivery of duplicates, certifi- 
 cates, tables of service, &c., &c., and extracts from all other documents 
 deposited in the archives ; archives of the corps de troupe, of the mili- 
 tary divisions and intendances, of armies in active service, &c. ; trans- 
 lations in foreign languages; editing and distribution of the official 
 military journal " BuUeti» des Lois ;" service of the committees of the 
 staff, of infantry, of cavalry, and of the gendarmerie of Algiers ; and 
 of temporary committees ; decorations and military medal ; editing of 
 the collective reports to the emperor for being placed on the retired 
 lists; on the lists of won activite, resignations, &c. ; editing and publica- 
 tion of ^^L'Annuaire Militaire;" almanac imperial, so far as concerns 
 the war department. 
 
 Committees and Councils. 
 
 ConsvUative committee of the staff. 
 
 The committee is organized conformably to the ordonnance of June 
 12, 1841. It consists of a president, secretary, six members, and six 
 adjunct members. 
 
 Consultative committee of infantry. 
 
 This committee is composed, according to the decrees of 20th and 
 26th May, 1849, of five generals and one intendant militaire, and is 
 organized with a president and secretary. 
 
 Consultative committee of cavalry. 
 
 This committee is composed, according to the decree of 20th and 
 26th May, 1849, of five generals of division and one intendant militaire, 
 and is organized with a president and secretary. 
 
 Consultative committee of the gendarmerie. • 
 
 This committee was organized by decree of December 16, 1851, 
 and consists of a president, secretary, and five members. 
 
328 
 
 APPENDIX. 
 
 , Consultative committee of artillery. 
 
 The composition and functions of this committee are fixed by decree 
 of 11th March, 1850. It consists of a president, secretary, and nine 
 members. 
 
 Consukaiive committee of fortifications. 
 
 The composition and functions of this committee are fixed by decree 
 of March 11, 1850. It consists of a president, secretary, and seven 
 members. 
 
 Consultative Committee of Algiers. 
 
 The composition and functions of this committee are fixed by de^ 
 cree of 17th December, 1851. It consists of a president, secretary, 
 (with a vote,) and nine members. 
 
 Council of health of the armies. 
 
 This council is composed of three or five members. 
 
 Veterinary committee. 
 
 This committee is charged with the examination of all the proposi- 
 tions which concern the health and care of the horses of the army. It 
 consists of a president and honorary presidait, a veterinary surgeon, 
 charged with the functions of secretary, and nine members. 
 
 Mixed committee on pMic works. 
 
 This committee, created by an ordonnance of the 18th September, 
 1816, was reorganized by the law of April 7, 1851. It is charged to 
 deliberate and give its opinion on affairs which are submitted to its 
 examination, and which concern the department of public works, the 
 department of the interior, the war department, and the department of 
 the marine, on the works of public utility which are projected in the 
 military zone of the empire. It is composed of four councillors of 
 state ; a president of the committee ; of two inspectors general of 
 military engineering ; of an inspector general of artillery ; of two in- 
 spectors general of other arms ; of two inspectors general of bridges 
 and causeways ; of an officer general of the marine ; of an inspector 
 general, member of the council of maritime works-; and of a secretary 
 archiviste. 
 
 The secretaries of the committees of engineering and of artillery, of 
 the council of the admiralty, of the council of the works of the maiine, 
 and of the council general of bridges and causeways, assist at the 
 sittings but have no vote. 
 
 (kl.J 
 
 Council of State. — Section of War and the Marine. — {See 
 
 council of stale.) 
 
 • Central depot of artillery. 
 
 The direction of the " Central depot of artillery" includes, whether 
 for the supervision of the works, or for the execution of the orders 
 
APPENDIX. 
 
 329 
 
 of the minister, the atelier de precision, and of models of arms ; the mu- 
 seum of artillery ; the archives ; the library ; and the collection of plans, 
 charts, and drawings. 
 
 The officers and employes attached to these various establishments are 
 under the orders of the general of division, president of the committee 
 on artillery, who is director of the depot. 
 
 Powdm- and saltpetre service of France. 
 
 At the arsenal. Under the charge of a director, sub-director, and 
 two others. This service is sub-divided as follows : 
 
 Central bureau. 
 
 With a chef de correspondence and a chef de compatabUite. 
 
 Povider-mills and refineries, {wnited.) 
 
 With three inspectors and three commissaries. 
 
 Powder-mills. 
 
 With an inspector, and one or two commissaries at the various depots. 
 
 Refineries. , 
 
 With one or two inspectors, and one or two commissaries at the va- 
 rious depots. 
 
 Percussion cap manyfactories. 
 With a director and three members. 
 
 (A 2.) 
 Impkkial Hotel des Invalides. 
 
 This establishment was founded by an edict of Louis XIV, April, 
 1674. 
 
 Govei-nmetil. 
 
 An honorary governor ; a governor ; a " commandement," consisting of 
 a commandant, a major, seven adjutant majors, and one sub-adjutant 
 major ; an " administration," consisting of two members ; a '« council of 
 administrauon," consisting of the governor, who is president, a secre- 
 tary', and eleven members ; an " administrative service," consisting of a 
 director and ten adjutants of administration ; adepartment of " worship," 
 consisting of a chaplain, and a first and second chaplain ; a " senM:e of 
 health," consisting of twenty physicians ; and a "service of buildings," 
 consisting of two members, viz : an architect and an inspecteur-verifica- 
 teur. 
 
330 appendix. 
 
 Department of Public Works. 
 
 JVme&ons.— Itrrperial corps of bridges and roads, and of mines. Ap- 
 pointment to administrative situations connected with the public works ; 
 proposition to places of functionaries, the appointment of which is re- 
 served to the emperor. Imperial highways, and departmental roads, 
 excepting, so far as the last are concerned, the questions of accounts 
 reserved to the department of the interior ; river navigation ; protection 
 against rivers and torrents ; canals ; control of chartered canals ; mari- 
 time ports of commerce ; lighting the coasts ; ferry-boats ; downs ; 
 syndical associations for the draining of marshes, and works of irriga- 
 tion; regulations, of the works {usiries) in streams, and of mettallurgic 
 establishments, (unnes;) search after mines ; grtints of mines ; police of 
 mines; quarries, &c.; measures of precaution against accidents by 
 steam; railroads; construction of chartered railroads; control of im- 
 provements, (exploitations;) accounts of expenses. One secretetry 
 general. 
 
 Private cabinet of the minister. 
 
 This is under the direction of a chefdu cabinet. 
 
 Functions. — Opening of dispatches ; private correspondence ; appli- 
 cations for audience ; reserved affairs. 
 
 Central administration. 
 
 This administration is divided into six divisions, each of which is 
 sub-divided into bureaux. 
 
 1st Division. 
 
 Secretaryship, general and personal. In charge of a secretary 
 general. 
 
 Is* Bureau. 
 
 Secretaryship general. This is under the direction of a chefde bureau. 
 
 Functions. — ^Registration and distribution of dispatches on their ar- 
 rival ; sending off of dispatches ; re-union of the work for the council of 
 state and for the signature of the emperor. Preservation and dispatch 
 of decrees, and their insertion in the '^Bulletin des Lois." Depot of min- 
 isterial circulars and instructions; interior expenses of the department; 
 personnel of servEuits, {gens de service;) care of the furniture, (mobUier;) 
 works for the maintenance and reparation of buildings ; subscriptioa 
 lists ; printing for the service of the central administration ; control of 
 printing for the service of bridges and roads. Franking privilege and 
 counter seal; centrahzation of budgets, and of applications for extraor- 
 dinary funds, and supplementary credits ; general questions, and busi- 
 ness not specially connected with any division. 
 
APPENDIX. 331 
 
 2d Bureau. 
 
 Penonnd of the central administratioQ, and of the corps of bridges 
 and roads. Under the direction of a chef de bureau. 
 
 Functions. — Employes of the central administration ; imperial school 
 of bridges and roads, and appointment of professors ; classification of 
 the pupils ; annual missions ; engineers of bridges and roads ; conduc- 
 tors aibngades, and auxiliary conductors; navigation guardians, and 
 lock-keepers ; annual distribution of secondary agents in the service of 
 bridges and roads. Appointments and promotions in the imperial 
 order of the legion of honor. Liquidation of retiring pensions ; distri- 
 bution of assistance ; annual composition of local councils instituted in 
 each department for the division of the funds allotted for the works of 
 bridges and roads, at the charge of the treasury; general measures and 
 examination relating to all questions connected with the personnel of the 
 central administration and of the active service. 
 
 Sd Bureau. • 
 
 Personnel of the corps of mines and divers services. Under the 
 direction of a chefde bureau. 
 
 Functions. — ^Imperial school of mines ; Saint Etienne school of mines ; 
 practical school of masters — ^workmen miners {maitres ouvries mineurs) 
 at Alais. The appointment of professors and classification of pupils ; 
 appointment of out-door pupils, {exlemes;) of foreign pupUs, and of fi'ee 
 pupils at the school of mines ; delivery of certificates of capacity, {bre- 
 vets de capacite;) engineers of mines, &c.; appointments, advancements, 
 and decorations; liquidation of the bureau expenses, of circuit ex- 
 penses, and of retiring pensions; mine guardians; h^bor-masters smd 
 oflBcers, {maritime seiiice;) personnel of liie port service, (interior naviga- 
 tion ;) personnel of the administrative engineers of railroads in operation ; 
 appointment of inspectors of commercial management of railroads, of 
 commissaries and sub-commissaries of the service of supervision of the 
 same roads. 
 
 4^A Bureau. — Central statistics. 
 This is under the direction of a chefde bureau. 
 
 2d Division. 
 
 Roads and bridges. Police of transportation. {Roulage,) under 
 direction of a chef de divisum. 
 
 1st Bureau.— Imperial roads. 
 
 Functions. — Materiel., and matters in dispute connected with the 
 service of imperial roads and the bridges therewith connected. Distri- 
 bution between the departments of the funds destined for works at the 
 charge of the State. Execution of laws and regulations respecting the 
 grande sewerage, so far as concerns the imperial roads ; and the mat- 
 ters in dispute therewith connected, so far as concerns the imperial and 
 departmental roads. 
 
3i32 APPENDIX. 
 
 2d Bureau. — Departmental roads and police of transportation, (roulage.) 
 
 This is in the direction of a thefde bureau. 
 
 « 
 
 Functions. — Materiel, and matters in dispute in connexion with the 
 service of the departmental roads. Execution of laws and regulations 
 on the police of transportation ; correspondence relative to communal 
 works upon which the opinion of the co.uncil of bridges and roads is 
 solicited by the minister of the interior, of agriculture, and of commerce. 
 
 3d Division. 
 
 Navigation and ports under the direction of a chefde division. 
 
 Ist Bureau. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — River navigation ; works for the amelioration of navigd- 
 ble rivers and streams; maintenance and improvement of towing 
 paths ; establishment of quays and ports ; navigation studies. Materiel 
 and administration of ferry boats ; works for protection against rivers 
 and torrents. Organization of syndical associations for the works con- 
 nected with mill-dams. 
 
 2d Bureau. 
 
 This is in charge of a chefde bureau. 
 
 Functions. — Maritime navigation ; works for the maintenance and 
 amelioration of maritime ports of commerce ; lighting of the coasts ; 
 estabhshment and niaintenance of light-houses and beacons ; dikes, and 
 sea works ; construction and maintenance of canals. 
 
 3d Bureau. — Navigable streams. 
 
 This is in charge of a chefde bureau. 
 
 Functions. — Water regulations for the establishment, or regularization 
 of manufactories {usinet) on navigable or unnavigable streams. Drain- 
 ing of marshes ; examination of projects ; charters and organization' of 
 syndical associations for draining works ; water regulations relative to 
 irrigation. Chartering of canals for irrigation ; organization of syndical 
 associations for draining works. 
 
 4th Division. 
 This is under charge of a chefde division. • 
 
 1st Bureau. 
 
 This is under direction of a chefde bureau. 
 
 Functions.-^Railroad studies, execution of works, materials, and mat- 
 ters in dispute. ' 
 
APPENDIX. 333 
 
 2d Bureau, 
 This is under direction of a chefde bureau. - m 
 
 Functions. — Technical exploitation of raikoads ; police, supervision 
 of materiel employed in the improvement of rEiilroads. 
 
 5th Division. 
 Mines under charge of a chefde division. 
 
 1st Bureau. 
 This is under the direction of a chefde bureau. 
 
 Functions, — ^Research and charter of mines ; examination of the 
 ground and subterranean topography ; supervision and police of mines, 
 ores, turf pits, and quarries ; chartered and other corporations ; steam 
 engines ; steamboats. 
 
 2d Bureau, 
 
 J'jmcfioMs.-r-Metallurgic works ; statistical documents on the mines 
 and works {usines ;) regular accounts ; annals of the mines ; geological 
 map of France and of the departments ; agronomic maps ; geoliogical 
 and mineralogical collections ; chemical laboratories ; mine rents ; 
 questions connected with the customs and imposts ; technical ques- 
 tions, &c. 
 
 6th Division. 
 
 Accounts, and settling of accounts, {ordonnancement ;) under the im- 
 mediate direction of a chefde la division. 
 
 Functions. — General measures relative to accounts; periodical ac- 
 counts of receipts and expenses ; provisionary situations ; supplemen- 
 tary and extraordinary grants of public funds ; accounts ot exercises 
 ehs; correspondence with the minister of finance and with the court of 
 accounts ; keeping of the books by double entry ; auxiliary books ; 
 monthly balance sheets ; transmission of orders of payment and of 
 ordonrumces de delegations ; notices to persons who are to receive money, 
 to prefects, and to engineers ; kseping of the general summary of orders 
 of payment, {ordonnaiwes,) and of the auxiliary books ; treasury of the 
 department for current expenses. 
 
 2d Bureau. — Accounts of Bridges and Roads, and of Mines. 
 
 This is under the direction of a chefde bureau. 
 
 Functions. — ^Examination of the special statements of accounts con- 
 cerning the services of esgineers of bridges and roads, and of the engi- 
 neers of mines ; distribution of funds ; accounts of the personnel of 
 bridges and roads ; accounts of retiring, and other pensions ; corres- 
 pondence relative to the debits of the contractors, {entrepreneurs ;) corres- 
 pondence with the prefects and engineers on the preceding. 
 
334 AFFEIfDIX. 
 
 Dep6t of. Charts and Flans. — Archives. 
 This is under the direction of an engineer in chief. 
 
 J^idicvary Councils of the Department. 
 
 Consisting of six membera. 
 
 * CommiUee on, lAght-houses. 
 
 Consisting of ten members, and presided over by the minister. 
 
 Imperial Corps of Bridge and RocLck. — Inspectors Genpraland Divimmary. 
 
 Consisting of eight inspectors general and twenty divisionary inspec- 
 tors. 
 
 Council General. 
 
 The inspectors general, as well as the divisionary inspectors charged 
 with the inspection general of the hydraulic works of the marine^ are 
 permanent members of this conncil, which is presided over by the 
 minister, and consists besides of a vice president, a secretary, and eight 
 members. The members are changed every six months. 
 
 The " section of the council general charged With the examination of 
 summary and current affairs," is appointed for a year, and consists of 
 a " section of roads and bridges," consisting of a vice presiddiit, two 
 secretaries, and six members; a "section of navigation," consisting of 
 a vice president, two secretaries, and seven members ; and a " section 
 of railroads," consisting of a vice president, a secretary,, and seven 
 members. 
 
 Divisionfiry Inspections. 
 
 This department is subdivided into sixteen inspections, each one of 
 which has in charge several departmental diArisions, and is under the 
 direction of a divisionary inspector. 
 
 Ordinary Service. 
 
 This consists of eighty-six engineers in chief of bridges and roads ; 
 i. e., one for each department of France. 
 
 Special Service. 
 
 This is organized under five heads, viz: rivers, canals, maritime 
 works, hydraulic service, and railroads. These various services are in 
 charge of engineers in chief, who are stationed over the country accord- 
 ing to circumstances. 
 
 There is a special " service for Algiers," under the orders of the 
 minister of war, and an " ordinary service," consisting of two engineers 
 in chief, and one engineer with a department of " hydraulic works for 
 the port of Algiers," under the charge of an engineer in chief. 
 
AFFBNDUC. 335 
 
 Imperial School of Bridges and Roads. 
 
 This is placed under the authority of the minister of public works, 
 and directed by an inspector general, director ; and by an engineer in 
 chief, inspector of studies, assisted by the school council. 
 
 The instruction is under the charge of inspectors general, engineers 
 in chief, divisionary engineers, directing eng^eers, chefs des travavx 
 geograji^tt&, professors, &c, &c., eighteen in number. 
 
 iSnes. 
 
 Directed by a council general, consisting of a secretary and nine 
 members, who are inspectors general of 1st class and of 2d class. The 
 council is presided oyer by the minister. 
 
 This department is organized under six heads, viz: "Service of 
 mines in the departments," consisting of eight inspectors general sta- 
 tioned respectively in the north, northeast, east, central, and southeast, 
 southwest, west, and northwest j and three engineers in chief, stationed 
 respectively at L'Orient, Rochefort, and Toulon. A " service of mines 
 by mineralogical sections," consisting of seventeen engineers in chief, 
 stationed respectively one in each section, {arrondissement,) a " special 
 and divers service," subdivided under several heads, viz : " Supervision 
 of steam engines in the department of the Seine," managed by an en- 
 gineer in cbief and an ordinary engineer ; " quairies of Paris and of 
 the department of the Seine," managed by an engineer in chief and 
 two ordinal^ engineers ; " works for the consolidation of the quarries 
 under the town of Fecamp," managed by an engineer in chief and or- 
 dinary engineer; "geological and meteorological studies on the torrents 
 of the Alps," managed by an engineer in chief;" " topography of the 
 coal basin of Valenciennes," managed by an engineer in chief; " topo- 
 graphy of the coal basin of Aubin," managed by an engineer in chief; 
 " study of the ground composing the coed basin of Autun," managed 
 by an engineer in chief; "topography of the anthracite deposite of Sarthe 
 and Mayenne," managed by an engineer in chief; " imperial mani^ac^re 
 <)f Sevres porcelains," directed by an engineer in chief; "service of mines 
 in Algiers" under the orders of the minister of war, and managt^d by 
 three ordinary engineers ; " central committee on ^eamboats," consist- 
 ing of a president, secretary, assistant secretary, eleven members, and 
 an adjunct member, and composed chiefly of inspectors general, engi- 
 neers and members of the acsidemy of sciences ; " covamtlee on the mine 
 annals," consisting of a president, two secretaries, an assistant secretary, 
 and thirteen members, and composed chiefly of inspectors general, en- 
 gineers, &c., &c. 
 
 Imperial School of Mines. 
 
 Tlie administralion consists of an inspector general, director of the 
 school ; and an engineer in chief, director of the studies. 
 
 The instruction department is under tlie charge of thirteen professors, 
 chieflj" engineers in chief, engineers, &c., &c. 
 
 The bibliographical ccilcctions are in charge of a conservateur, and an 
 engineer in chiefi and an enginecer, one of whom is an assistant cmiser- 
 ratevr. 
 
AITBNDIX. 
 
 The bureau of assay of mineral svbstances is in charge of the ordinary 
 engineers,, the first of whom is called cAorge of the direction of the 
 bureau. 
 
 The service of healfh is in charge of a medical surgeon. 
 
 School of master-worhnen miners at Alais. 
 
 This school is placed under the inspection of the engineer in chief 
 of the'raineralogical section of Alais, and is managed by an engineer, 
 who is director. 
 
 Port officers. 
 
 These are forty-(»ie in number, and are composed of captains and 
 lieutenants, who are located, from one to six, in a port, according to 
 circumstances. 
 
 Inspection of ports. — Interior navigation. 
 
 This is under charge of an inspector principal of ports. 
 
 (il.) 
 
 Direction General of Agriculture and Commerce. 
 
 This is under the charge of a director general. 
 
 Bureau of general staiistics of France. 
 
 This is under the direction of a chefJk bureau. 
 
 Functions. — Quinquenniel census, and annual mouvement of the popu- 
 lation ; permanent cantonoal committees on statistics ; centralization of 
 documents for continuing the general statistics of France ; publication 
 of these documents ; service of the statistics of mutual aid societies, 
 and of the treasucjkof the retiring pension list. 
 
 I. — Division of Agriculture. 
 
 This is under the directicui of a chefde division. 
 
 Bureau of agriculture and veterinary instruction. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Inspection of agriculture ; imperial schools of agricul- 
 ture ; farm schools ; cowpens and sheepfolds ; colonies, and agricultu- 
 ral asylums; imperial veterinary schools; examination of the works 
 and regulations connected with the expenses of these establishments ; 
 veterinary medicine ; epizootie ; regulation of the charges for the treat- 
 ment of epizooty. 
 
APPENDIX. 337 
 
 Bureau of encouragement of agriculture, and of assistance. 
 This is in charge of" a chef de bureau. 
 
 Functions. — General agricultural council ; consultative agricultural 
 chambers ; preparation of the laws and regulations relative to agricul- 
 ture; agricultural associations; agronomical missions; competitions 
 (concours) as regai'ds fat animals {de houcherie,) breeding animals, agri- 
 cultural products, &c., &c.; encouragement of agriculture ; perfection of 
 rural industry ; drainage ; irrigation ; sanitary arrangements ; rural 
 police; cultivation of waste lands; planting of trees; centralization 
 and publication of agricultural information; subscription to agricultural 
 collections and agronomical w^orks ; silk husbandry; compensation for 
 losses by epizooty, hail, inundations, fires, &c., &c. 
 
 Bureau of Subsistances. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Legislation on breadstuffs ; tables of the regulating prices 
 of importation and exportation of grains; general prices current (mej^ 
 cwriafc*) of France and foreign countries; free circulation of grains; 
 establishment of fairs and cattle markets ; reference in matters of regu- 
 lation as tc^bakers, butchers, slaughter-houses, &c., &c., and as to the 
 sale of eatSDles at fairs and markets ; provisioning Paris ; markets and 
 coal and wood-yards. 
 
 Inspection of Agriculture. 
 
 This consists of six inspectors general. 
 
 Division of Haras, {Studs.) 
 This is in charge of a chef de division. 
 
 Bureau of' Haras, {Studs.) 
 
 This is under the direction of a head clerk, {chrf.) 
 
 Functions. — Administration in reference to studs and depots of stal- 
 lions ; approval of the expenses and examination of the accounts of 
 these establishments; committee on the stud-book; general regulations; 
 purchase and distribution of stallions ; organization of the service of 
 equipment; approbation of private stallions ; prizes for approved stal- 
 lions; prizes for mares of indigenous and approved race; race-courses; 
 encouragements to Industrie chevaliere; statistics relating to horses. 
 
 Two inspectors general of studs, {haras.) Four inspectors of arron- 
 dissement. 
 
 Division of Internal Commerce. 
 
 This is under the charge of a chef de division. 
 22 
 
338 APPENDK. 
 
 1st Bureau ; Commerce. 
 
 This is under the direction of a chef de bureau. 
 
 Fu/nfCtions. — Preparation of laws and regulations reljitive to internal 
 commerce ; chambers of commerce ; concours for the establishment of 
 tribunals of commerce, and approbation of the list of notables for consu- 
 lar elections ; creation and police of bourses de commerce ; nomination of 
 stockholders in the departments, and of courtiers merchant brokers 
 throughout t'rance ; merchant brokers' charges; chartered corporations ; 
 savings banks ; municipal ofi&cers ; tontines and committees for the su- 
 pervision of these establishments ; provident societies and mutual aid 
 societies amorlg the workmen; societies for the encouragement of com- 
 merce ; reference in the matter of commercial police ; regulations at fairs, 
 markets, ports, and other jJublic places ; and the exercise of professions 
 practiced in the streets or on the highways ; societies of the credit fonder, 
 and examination dnd approbation of their statutes: 
 
 2d Bureau; Industry. 
 
 This is under the direction of a chef de bureqm. 
 
 Functions. — Preparation of laws and regulations relative to arts and 
 tnanufactures ; consultative committee on arts and manufactures ; na- 
 tional conservatory and national school of arts and trades ; central 
 school of arts and manufactures ; industrial schools ; soci(|fes for the 
 encouragement of manufactures ; conseils de prud^hommes ; patents of in- 
 ventions; designs and marks of fabrics ; workmen's livreis; work of 
 children in the manufactories ; public exhibition of the products of in- 
 dustry ; public regulations concerning silk ; encouragement of manufac- 
 tures ; industrial statutes. 
 
 3d Bureau ; Sanitary, and Industrial Police. 
 
 This is under the direction of a chef de bureau. 
 
 Functions. — Sanitary police ; consultative committee on the public 
 health ; sanitary commissions and agencies ; lazarets, quarantines, &c.; 
 correspondence relative to the state of the public health in France and 
 abroad ; encouragement for the creation of model bath-houses and wash- 
 ing establishments ; epidemics : relations with the imperial academy of 
 medicine ; encouragement and propagation of vaccination ; regulations 
 as to the police of medical professions ; remedies for secret diseases ; 
 general measures relative to salubrity ; police and regime of establish- 
 ments of mineral springs ; examihation and approbation of regulations 
 relative to these establishments ; nomination of medical inspectors ot 
 State establishments ; subventions ; dangerous, unwholesome, and incon- 
 venient establishments ; the metrical system : verification of weights 
 and measures. 
 
 Division of Exterior Commerce. 
 This is under the direction of a chef de division. 
 
 Xst Bureau ; legislation, tariffs, and custom-homes in France. 
 This is under the direction of a head clerks {chef.) 
 
APPENDIX. 3^ 
 
 Functions. — Superior council of commerce, of agriculture, and of 
 manufactures ; researches and discussions as to the means of extending 
 and fortifying the commerce of France with its colonies and with fo-r 
 reign countries ; preparation of tariffs and custom-house laws, and also 
 of commercial and navigation treaties, and remonstrances which may 
 be made as to their application; institution and regime of entrepots and 
 of docks ; meuritime fisheries ; whale, cod, and herring fisheries, &c., 
 &c.; liquidation of premiums ; salt provisions ; appraisers and sworn 
 jurors for the examination of questions relative to the application of the 
 tariff^ and to researches in the interior for prohibited tissues ; relations 
 with the consultative committee of arts and manufactures j publication 
 in the annals of exterior commerce, If., S{c. 
 
 2d Bureau ; commercial legislation, and foreign tariffk 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Centralization of documents on commercial and mari- 
 time legislation of foreign countries ; also their commercial treaties ; 
 translation, study, and appreciation of tariffs of customs and navigation 
 of these countries ; questions concerning their application to the com- 
 merce of France, and remonstrances relative thereto ; publication in 
 the annals of exterior commerce. 
 
 SdSw'eau; "mouvemenf^ general (f commerce and navigation^ 
 
 This is in charge of a chef. 
 
 Functions. — Centralization of documents concerning the navigation, 
 commerce, and manufactures of France, of its colonies and of foreign 
 countries ; study and appreciation of the results established ; permanent 
 committee for the annual regulation of the accounts of the custom- 
 house ; study of industrial exhibitions in foreign countries, and measures 
 to be taken in the interest of the French exhibitors ; publications in the 
 annals of exterior commerce. 
 
 Direction of the Account^. 
 This is in charge of a director- 
 
 1st Bureau. — Central operations and accounts. 
 
 This is in charge of a chef de bureau. 
 
 Functions — General instructions as to accounts ; preparation of bud- 
 gets, annual accounts, and provisional situations of the exercises ; appli- 
 cations for funds ; reprises, reversions, and debits ; transmission of orders 
 of payment to the treasury ; deliveiy of letters of advice ; administra- 
 tion of the retiring pension fund of the department, of the opera, of the 
 conservatory of music, of prisons, of the haras, of the schools of arts 
 and trades, and of weights and measures ; liquidation of pensions to 
 the employes of the department ; tables of the salaries of the centred 
 administration, and of the state of the various services ; work relative 
 
340 APPENDIX. 
 
 to the " observations" of the court of accounts ; keeping of the books by 
 double entry ; sorting of the monthly memoranda of prefects and paymas- 
 ters ; changing {virement) of funds voted by the State. 
 
 2d Bureau. — Settling of accounts. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Examination, verification, and payment of expenses from 
 the funds of the several budgets ; supervision of the employ of the 
 public funds ; payment of expenses belonging to the exercises clos, and 
 the exercises perimes ; auxiliary books ; preparation of the annual state- 
 ment of receipts and expenses ; liquidation of salaries aud indemnities 
 of the administrative functionaries of the department. 
 
 3d Bureau. — Departmental accounts. 
 
 This is in charge of a chef de bureau. ' 
 
 Functions. — Ordonnances de delegation of departmental funds ; direct 
 orders of payment for creditors residing in Paris ; and of expenses 
 payable from the common funds ; verification of the quarterly state- 
 ments. of the eventual products of the departments : modificaition of the 
 budget of the departments by virements, or by state allow^ce of sup- 
 plementary jFunds ; .regulation of accounts of departmental expenses ; 
 regulation of reports after the close of the regular accounts, correspon- 
 dence on the subject of all questions of accounts of departmental funds ; 
 establishment of tlie portion of the annual accounts concerning the de- 
 partmental services. 
 
 4th Bureau. — Comptabilite des matiercs. 
 
 This is in charge of a chef de bureau. 
 
 Functions. — Centralization of comptes matieres 6f all the establishments 
 connected with the department; verification of the acccounts, in cash, 
 of responsible agents of these establishments ; results to be produced 
 before the court of accounts ; special accounts of the exercises clos and 
 the exercises pirimes ; preparation of de^prees and legislative bills relative 
 to this service ; formation of etats nominatifs of creditors, and transmis- 
 sion to the minister of finance. 
 
 Central treasury. — [Caisse.) 
 
 Drider the direction of a cashier. 
 
 Functions. — Payments made by the cashier at Paris and in the 
 departments ; account-books and accounts of those payments. 
 
 Matters in dispute. 
 
 In charge of six advocates and public officers attached to the depart- 
 ment. 
 
APPENDIX. 341 
 
 Counsel of the general direction of agriculture and commerce. 
 
 Viz : an advocate of the imperial court attached to the direction for 
 the purpose of attending to litigious questions, and especially matters 
 cormected with the credit fonder. One physician to the department. 
 
 Council general of agriculture. 
 
 Consisting of eighty-six members, (one for each department,) ap- 
 pointed from the consultative chambers ; and fourteen members ap- 
 pointed outside the consultative chambers. 
 
 Professional instruction in agriculture. — Imperial schools of agriculture. 
 
 Imperial school of agriculture at Grignon, in charge of a director, 
 sub-director, accountant, and having six professors. 
 
 Imperial scliool of agriculture at Grsuid Jouan, with same organiza- 
 tion as school at Grignon. 
 
 Imperial school of agriculture at Saulsaie, with same organization aa 
 school at Grignon. 
 
 Imperial sheep folds and cow folds. 
 
 Consisting of a sheep fold at Rambouillet, Montcavrel, and GevroUes, 
 each under the charge of a director ; and a cow fold at Pin and Saint 
 Angeau, each also under charge of a director. 
 
 Farm schools. 
 
 One in each of the eighty-six departments under the charge of a 
 director. 
 
 Imperial veterinary schools. 
 
 One at Alfort, in charge of a director-professor, and having five 
 professors, three chefs de service, one recorder, one surgeon, and one 
 honorary physician ; one at Lyons, in charge of a director-professor, 
 and having four professors, three chefs de service, one recorder, one phy- 
 siciani and one honorary physician ; one at Toulouse, in charge of a 
 director-professor, three professors, three chefs de service, one recorder, 
 one physician, and one honorary ph3^sician ; all the schools being under 
 the directorship of an " inspector general of veterinary schools and 
 national sheep folds." 
 
 Administration of haras. — {Stud establishments.) 
 
 Consisting of a permanent committee on "haras,"' composed of 
 seven members ; a permanent committee on the register of matricu- 
 lation of the stud book, composed of ten members ; one director de 
 haras; and the directors of stallion depots, consisting of tweilt]^-faur 
 em bers. 
 
Ste APPENDIX. 
 
 II. — Commerce and Manupaotukes. 
 Superior council of commerce, agriculture, and manufactures. 
 
 This council, established by a decree of February 2, 1853, gives its 
 opinion on all questions which the government judges proper to submit 
 to it; especially on legislative bills and decrees concerning custom- 
 house tariffs ; on projects of commercial and navigation treaties ; on 
 the commercial legislation of the colonies and of Algiers ; on the system 
 of encouragement of the maritime fisheries ; and on questions of coloni- 
 zation and eiiiigration. , 
 
 This cotincil is composed of the minister of the interior, who is pre- 
 sident, a vice-president, a secretary, (having a vote,) and 16 members. 
 
 Consultative committee on arts and manufactures. 
 
 Consisting of a secretary and six members, and five honorary mem- 
 bers. 
 
 Permanent committee for fixing the annual, amount of aistoms to be included 
 in the table of the commerce of France. 
 
 This committee is under the presidency of the diirector-general of 
 agriculture and of commerce. 
 
 It is divided into four sections, as follows : 
 
 1st section. Direction and centralization of the work. 
 
 This section consists of a vice-president, two secretaries, and five 
 mernbers. 
 
 2d section. Agricultural and exOtic products. 
 
 This section consists of a secretary and fourteen members, . there 
 being from one to three members for each of the following subjects : 
 farm products; grains and seeds; beasts; corps gras ; grains andflpurs; 
 exotic piroductions ; alcoholic productions. 
 
 3d sectiori. Mineralogy, metallurgy, and woods. 
 
 This section consists of a secretary and eight members; there hieing 
 two members for wrought metals, and one each for crude metals, bitu- 
 minous coals, wood for building, &c., 'fire-wood, exotic woods, building 
 materials. 
 
 4th section. Threads and tissues. 
 
 This section is divided into five committees, viz., one on each of the 
 following subjects : general facts ; sample types; silks, silk manufac- 
 tures, and lace, {jpassem^nteries ;) wools, crude hairs, threads, textures, 
 and felt; flax, hemp, and other crude, prepared, spun, and woven fila- 
 ments ; spun and woven cotton. 
 
 The section is composed of thirty-two members, including president 
 and secretaries ; and each member serves on one or more of the above 
 mentioned comoiittees. 
 
 5th section. Raw material for fabrication, and various manufactured 
 afticles. 
 
 This section consists of a president, secretarj^, assistant secretaxy, 
 and twenty members, and is sub-divided into six bureaux. 
 
APPENDIX. 3|^ 
 
 1st Bureau. 
 
 Printing types and chaxacters ; stationery ; painted papers. 
 
 2d Bureau. 
 Drugs and dye stuffs ; colors and chemical products. 
 
 3d Bureau. 
 Sadlery and coach building ; hairs for hats ; brush manufacturing. 
 
 4.th Bureau. 
 
 Straw hats ; ex parte manufactures ; mercery ; toys, and artificial 
 flowers. 
 
 5th Bureau. 
 
 Pottery and porcelain ; glasses and crystal ; jewellery, f bijouterie,) 
 and Parisian manufactures. 
 
 6th Bureau. 
 Bronzes ; hardware and cutlery ; arms. 
 
 (£2.) 
 Imperial Conservatory of Arts and Trades. 
 
 This establishment is for the reception of models — full or reduced 
 size — or, in place of these, drawings and descriptions of machines, 
 instruments, agricultural implements, and apparatus used in the indus- 
 trial arts. Thirteen public and gratuitous courses of lectures are given 
 at the conservatory, and there is also a gratuitous school for instruction 
 in drawing, and in descriptive geometry. 
 
 The halls and galleries of the collection are open to the public on 
 Sundays and Thursdays, from 10 to 4 o'clock. " Foreigners are admit- 
 ted, (?n the presentation of their passports, Tuesdays, Wednesdays, and 
 Saturdays, from 11 to 3. 
 
 The library of the conservatory is open to the public every day, ex- 
 cept Monday, from 10 to 4. 
 
 By a ministerial decision of April 28th, 1848, the depot of prototype 
 standards of weights and measures, which formerly existed at the de- 
 partment of commerce, was conferred to this conservatory, where now 
 take place all the verifications and operations therewith connected. 
 
 The conservatory is organized thus : 
 
 Administration, consisting of a prqfesseur admiimtrateur ; an engineer 
 charged with the service of experiments with machines ; a responsible 
 agent, {agent iomplahle; a conservateur ; a librarian and an assistant 
 librarian. 
 
344 
 
 APPENDIX. 
 
 Weights and Measures. — In charge of an assistant conserwteur. 
 Public Lectures. — High instruction. In charge of" fourteen professors, 
 who constitute a councU of improvement. 
 
 Course of Lectures of the Small School. 
 
 In charge of three professors. 
 
 Imperial School oj Arts and Trades. — These schools are under the 
 authority of the minister of public works. Their object is to give prac- 
 tical instruction in the mechanic arts, with a sufficient amount of theo- 
 retical instruction to enable the pupils to exercise them intelligently. 
 
 The pupils, to the number of 300 per school, are nominated by the 
 minister; .676- of them are supported wholly or in part at the expense 
 of the government; 280 are boarding pupils, paying 500 francs per 
 year. 
 
 By a decree of December I9th, 1848, which is still in force, there 
 was allowed to each depjlrtment, one free scholar; two scholars paying 
 but one-fourth price ; and- two scholars at half-price. The "Society 
 for the Encouragement of NationalJndustry'' has the privilege of six 
 free scholarships and two scholarships partially free. 
 
 This institution is under the general direction of a provisional cAarg'e 
 of inspection of the imperial school of arts and trades, who has under 
 him an honorary director of the schools of arts and trades, and an archi- 
 tect of the three schools. 
 
 These three schools are as follows : 
 
 Imperial, school of arts and trades, at Chalons sur Marne ; imperial 
 school of arts and trades at Angers ; imperial school of arts and trades 
 at Aix ; and each under the charge of a director and an engineer, 
 chffrge of the works. 
 
 The" Appraising Gommissioners," for the verification, in case of liti- 
 gation, of merchandise offered at the custom-houses, consists of four 
 members. 
 
 The institution of this commission^ — which dates back to a decree of 
 August 5th, 1810, was renewed and completed by the 19Lh article of 
 the law of 27Lh July, 1822. 
 
 At the : instance of the minister, the appraisers are charged to state 
 their opinion on the doubts and difficulties which may arise relative to 
 the kind, the origin, or the quality of products, whether in relation to 
 duties, bounties, and colonial privilege's, or to other cases which do not 
 devolve upon the sworn jury created by the 59th article of the law of 
 April 28th, 1816. 
 
 The minister adds to this commission in each case brought before it, 
 and according to the character of the case, at least two merchants or 
 manufacturers, who have a consultative vote. 
 
 The committee of appraisers comes within the province of the bureau 
 of custom-house legislation of France. 
 
 Sworn Jury. 
 
 This jury, created by the law of April 28, 1816, is charged with the 
 examination of contraband merchandise. 
 
APPENDIX. 
 
 345 
 
 It consists ol a president, a vice president, eighteen members, and a 
 secretary, who is head of the bureau of custom-house legislation of 
 France. 
 
 (N. B. The examination of spun cotton, of tissues, of knit rotton and 
 wool, and of other prohibited foreign fabrics, the search or the seizure of 
 which may take place throughout France.) 
 
 Consultative Committee on the Public Health of France. 
 
 This committee is under the direction general of agriculture and 
 commerce. ^ 
 
 It consists of a president, secretarj^ and seven members. There are 
 also eight functionaries authorized to assist at the meetings of the com- 
 mittee, and have a deliberative vote, and two who have a consultative 
 vote. 
 
 Inspection of Mineral Springs. 
 
 This [inspection consists of from one to eleven members for each of 
 the various departments where there are mineral springs, making in aU 
 one hundred and eighty-three menibersr 
 
 il) 
 
 Ministry of State and of the Household of the Emperos. 
 
 Cabinet of the Minister. 
 
 Under the direction oiachcfdu cabinet and a private secretary. 
 
 Functions. — Opening and regulating dispatches ; transmission of cor- 
 respondence to the various services of the ministry; departure of cou- 
 riers ; applications for audience ; service d'affaires; suite d donner; rela- 
 tions with the Moniteur; analysis of French and foreign newspapers ; 
 permissions to visit the palaces, imperial establishments, &c. 
 
 This ministr}'^ is organized under two general heads, viz : ministry of 
 the household of the emperor and ministry of State. 
 
 Ministry of the Household of the Emperor. 
 
 Functions. — General administration of the servants of the crown of 
 every description ; preparation of the general budget of expenses and 
 receipts; applications for all places and employments in the household 
 of their majesties, save those excepted by the regulations of each ser- 
 vice, these being in the gift of the grand officers of the crown ; regula- 
 tion of all expenses ; auditing and final approval of all contracts ; de- 
 livery of all official brevets; regulations for each department of the ser- 
 vice ; examination of the differences and regulation of the disputes 
 which may arise between the various services ; administration of _tlie 
 public domain, forests, and edifices, parks, gardens, furniture, libraries; 
 
346 APPENDIX. 
 
 imperial museums, imperial manufactories supported by dotations from 
 the crown, and the private domains of their majesties ; supreme care 
 and supervision of all the moveable effects {valeurs mobilieres) of the va- 
 rious services ; propositions to his majesty for pensions from the funds 
 of the civil lists ; prizes for race-courses, and encouragement given to 
 the arts in their relation to the household of the emperor. 
 
 Secretaryship General. — Secretary's Bureau. 
 
 This is under the immediate orders of the secretary general, and 
 directed by a chief, {che/de bureau.) 
 
 Functions. — Reception and classification of correspondence transmit- 
 ted by the minister ; delivery of brevets ; general correspondence and 
 relations with the grand officers of the crown; general regulations ; 
 keeping of the registers of matriculation of all the services ; centraUza- 
 tion of all presentations relative to the personnel of the service ; appoint- 
 ment of all persons employed ; classification and preservation of the 
 decrees of his majesty and orders of the minister ; forwarding copies 
 of official documents, alms, and cojig-es; pensions on the civil list; in- 
 spection of the various services of the household ; interior service and 
 decorations; archiveisof the crown. 
 
 There are also connected Math this bureau a keeper of the archives 
 and inspector of services. 
 
 The general business of the ministry of the household of the emperor 
 is organized into a division of buildings and of dotation mobiUere, with 
 two bureaux;, a division of general accounts, with two bureaux; and a 
 general administration of domains and forests, with two divisions ; and 
 an administration of the establishments of the crown, with a direction 
 general of museums, &c. 
 
 I. — Division of Buildings and Dotation Mobiliere. 
 
 This is under the management of a chief of division. 
 
 Bureau of Buildings. 
 This is under the direction of^ a charge du bureau. 
 
 Functions. — Works for the construction and maintenance of palaces, 
 buildings, parks, nurseries, and gardens ; authorization of expenses ; re- 
 gulation of adjudications ; tenders and contracts ; presentations relative 
 to the personnel of architects, inspectors, agents and gardeners ; liqui- 
 dation of expenses. 
 
 Bureau of "Dotation MohHiere." 
 
 This is under the direction of a chefdu bureau. 
 
 jFMMCJiojw.^-^ExaminatiOn of propositions and projects relative to the 
 '6^pehses of manufactories ; furniture, libraries, &c. ; authorization of 
 
APPENDIX. 347 
 
 expenses; regulation of adjudication and tenders; orders and con- 
 tracts ; presentations relative to the personnel; liquidation of accounts. 
 In addition to these two bureaux, there is an 
 
 iTispection and Controle. 
 This is under the charge of a comptroller in chief of buildings. 
 
 Functions. — Revision of estimates, plans, and contracts ; examination 
 of the general and particular specifications of charges relative to the 
 "works; opinion as to tenders, orders, and contracts; regulation of the 
 works ; revision of memorials ; examination of complaints, {reclamations.) 
 
 Connected with this " inspection and controle," there is a comptrol- 
 ler of the expenses of furniture. 
 
 n. — Division of General Accounts. 
 This is in charge of a chefdc division. 
 
 Bureau of payment, (ordonnancement.) 
 
 This is under the charge of a sub-chief, charge du bureau. 
 
 Functions. — Control and inspection of bills of expenses ; examination 
 of disputed accounts ; orders on the treasurer general of the crown, 
 and the paymasters, {receveurs payeurs;). delivery of cheques of payment ; 
 advance of funds to agents compatibles ; re'cbvenes ; annulments ; deduc- 
 tions, (reimputations,) inventories ; also the books and correspondence 
 concerning orders on the treasury. 
 
 Buredu of accounts and expenses. 
 
 This is in charge of a .chef du bureau. 
 
 Functions. — ^Preparation of the general budget of receipts and expenses 
 of the household of the emperor ; apportionment of ciedits; execu- 
 tion of decrees and regulations concerning accounts ; books of central 
 service ; comptrol of the periodical statements of accounts ; comptes- 
 matieres of all the services; accounts rendered of receipts and expenses; 
 regulation and liquidation of retiring pensions. 
 
 General Administration of Domains and Forests. 
 This is under the direction of an administrator general. 
 
 ]st Bureau. — Division of forests. 
 
 This is under the direction of a sub-chef, charge du bureau. 
 
 Functions. — Centralization of work relative to presentations for the 
 various employs ; service relative to the race-courses ; uniforms and 
 armaments; contributions and government allowances {subventio7is) for 
 keeping in order parish roads ; liquidation of expenses. 
 
348 APPENDIX. 
 
 2d Bureau. 
 
 This is under the charge of a suh-chef, who is chargSdu bureau. 
 
 Functiom. — MEinagement of forests and woods ; wood cutting ; sale 
 of wood cut in the public domain ; agricultural economy of the public 
 lands ; lopping and felling trees ; works in the forests ; making con- 
 tracts for the minor products of the public lands ; regulation of pay- 
 ments in kind; agricultural works in the rural domains; sheep-folds of 
 Rambouillet, &;c., &c. 
 
 III. — Division of Domains and Matters in Dispdtb. 
 This is under the direction of a chef de division. 
 
 1st Bureau. 
 
 This is under the direction of a sah-chef, charge du bureau. 
 
 Functions. — Administration {regie) of domains ; leases ; various loca- 
 ft'owi; grants and rents; maJsing out accounts relative to the economy 
 of the products of the public domain. , . 
 
 2d Bureau. , 
 
 This is under the direction of a sah-chef, charge du bureau. 
 
 Functions.— Civil and administrative matters in dispute; questions, as 
 to property, arid the claims of third parties; rights growing out of gene- 
 ral usage; exchanges; acquisitions; and constructions d distance prohibge; 
 following up of suits ; petitions ; appeals ; remissions and mitigations of 
 sentence; 'withdrawing suits; regulation of indemnities for injuries com- 
 mitted; recovery<of disputed debts. . ■ 
 
 Connected with this division there are also an inspector general of 
 libraries of the crown, an architect to the emperor, aiid four advocates 
 of the household of the einperor; three ministerial officers (legal) of the 
 household, viz : one notary to the emperor, and two other legal officers. 
 
 Administration OF the Establishments of the Crown. 
 Direction general of the imperial museums at the Louvre. 
 
 This is under the management of a director general; 
 
 i^MreriJowiJ— Preservation of all works of art placed in the palaces of 
 the Louvre, th« Luxembourg, Versailles, and the imperial residences; 
 classification of the imperial collections; annual exhibitions of the works 
 of living artists ; and the distribution of medals and other recompenses 
 awarded to the exhibitors ; also propositions for the encouragement of 
 the arts in their relation to the-household of the emperor. 
 
 The director general has under his orders seven comcrvatevrs and one 
 
APPENDIX. 
 
 349 
 
 chef de Vatclier de reslaiiration des statw.s at the Louvre ; an assistant 
 conservateur at the Luxembourg ; at Versailles ; and an " inspector of 
 public exhibitions ; also a direpleur inspecteur, inspecteur adjoint, and sub- 
 inspector for the mobilier of the crown. 
 
 The imperial manufactories are in charge of this administration. 
 There are an administrator and a chief of works of art connected with 
 the imperial manufactory of porcelain and painting on glass. at Sevres; 
 an administrator and director of dyeing at the imperial manufactory of 
 tapestry of the Gobelins ; and an administrator connected with the im- 
 perial manufaclory of tapestry at Beauvais. 
 
 The imperial library of the Louvre, also, in this administration, has 
 a consermteur administrateur, a conservateur and four librarians. 
 
 The service of the imperial palaces, buildings, and domains of the 
 crown, (under the same administrator,) has in charge the palace of the 
 Tuilleries, and the Louvre, with a military commandant, a second com- 
 mandant, a steward, (rcgisseur,) a librarian, an architect, an assistant 
 architect, and the architect of the Louvre ; the palace of the ElyseS 
 with a commandant, an assistant commandant, a steward, a librarian, 
 and an architect; the Palais Royal with a commandant, adjutant, 
 stewaj'd, and architect; the palace of &. Clovd with. i a. commandant, 
 adjutant, steward, librarian, and architect; the palace of Miudon with 
 a commandant, adjutant, steward, librarian, and architect; the palace 
 of Versailles with a commandant, two adjutants, a- steward, a librarian, 
 an architect, and a director of the fountains; the palaces of Triawon 
 with an adjutant, a steward, and an architect; tne palace of Ram- 
 bouillet with a commandant, an adjutant, a steward, and an architect; 
 the palace of Fountainhleau, with a commandant, an adjutant, a stew- 
 ard, a librcU"ian, and an architect; the palace o[ Slrdsburg, with a com- 
 mandant, a steward, and an architect ; the palace of Compeigne with a 
 commandant, adjoint, steward, librarian, and architect, and the palace 
 of Pan with a commandant,'steward, and architect. 
 
 The service of the treasury of the crown, (the same gdministration,) 
 consists of a central cashier, at Paris, and a paymaster, (receveurpayeur,) 
 at Versailles, Compiegne, Rambouillet, and at Fontainbleu. 
 
 The service of the forests and domains, (ihe same administration,) 
 consists of an inspector at Paris, Fontainbleu, Versailles, Compiegne, 
 St. Germains, and Rambouillet, and an inspector of the forest, at 
 Laigne, in Compiegne. 
 
 The committee of matters in dispute consists of the vice-president of 
 the Council of Slate, who is. president, the first president of the impe- 
 rial court of Paris, two counsellors of the court of cassation, and one 
 advocate of the household of the Emperor. 
 
 The committee instituted for the verification and auditing of the 
 accounts of the management of the imperial civil list consists of a presi- 
 deat, secretary, and four other members. 
 
350 APPENDIX. 
 
 {11.) 
 
 Ministry of State. 
 
 FunctmiS' — ^Relations of the Senate and the corps legislapif with the 
 Emperor and the Council of State ; correspondence of the Emperor 
 with the, various ministers ; counter-signature of decrees appointing 
 ministers, president, vice-presidents, secretary, and ^and refereuimrt 
 of the Senate, and appointing president, vice-presidents, and questmrs 
 of the corps legislatif; counter-signature of decrees coiavoking and ad- 
 journing the Senate, and convoking, proroguing, adjpurning» and dis- 
 solving the corps kgislatif; convoking the high court of justice ; counter- 
 signature of decrees concerning matters not specially belonging to any 
 ministerial department ; the wording and preservation of the minutes 
 of the council of ministers; and of the taking of oaths to the Emperor; 
 the exclusive direction of the oflScial part of the Moniteur; administra- 
 tion of the Council of Slate; the legion of honor; the archives of the 
 empire ; administration of the fine arts ; of the academy of France at 
 Rome ; the special school of fine arts ; the gratuitous school of design, 
 and the works of art and decoration of public edifices ; preservation 
 of historical monuments ; the imperial theatres ; conservatory of music 
 and of declamation ; branches of the conservatory ; and completion of 
 the Louvre and its approaches. 
 
 Secretaryship, general. ' 
 
 This is under the direction of a secretary general. 
 
 Secretaryship. 
 
 This is under the charge of a cAc/'<Ze sertion. 
 
 Functions. — Registration; personnel ofthe, central administration.; 
 preparation of the budget ; legislative service ; relations with the grands 
 corps de I'etat ; legion of honol ; imperial archives ; service of dis- 
 patches ; copies of official documents, (ampliations ;) minutes ; solici- 
 tations for employment ; archives of the ministry; library; interior 
 service. 
 
 This secretaryship has also an archiviste bibliothecaire. 
 
 This ministry is organized under three general heads, viz ; fine arts, 
 theatres, and service of buildings. 
 
 I. — Fine arU. 
 This is under the direction of a chef de section. 
 
 Bureau of fine arts. 
 Under the special direction of a chef de section. 
 
 Functions. — School of fine arts at Paris; schools of Rome and Athens ; 
 schools of design at Paris and in the departments; museum of the 
 hotel Cluny and of the Thermes ; the acquisition and preservation of 
 
APPENDIX- 
 
 361 
 
 marbles ; erection of monuments, statues, &c. ; publication of wcfffcs 
 of art, and subscriptions ; orders for paintings, statues, and medals ; 
 encouragement of fine arts and indemnities to artists ; inspection of fine 
 arts. 
 
 This section has also a " conservateur des souscripiions." 
 
 Bureau of historical monuments. 
 
 This is under the direction of a chef. 
 
 Functions. — ^Research for antiquities, and care of historical monu- 
 ments ; appointment of the credits allowed for this service ; relations 
 with the committee charged to examine the historic or artistic interest 
 of the ancient monuments of France, and to give its advice in the 
 grants asked to insure their preservation. 
 
 Inspection of fine arts- 
 This is in charge of three inspectors. 
 
 Inspection of historic monuments. 
 
 This is under the charge of a director generaL 
 
 II. — Theatres. 
 
 This is under the direction of a chef de bureau. 
 
 Functions. — Imperial theatres ; imperial conservatory of nousic and 
 declamation ; musical schools of Tomouse, Lille, Metz, and Marseilles ; 
 appointment of directors ; regulations and supervision ; indemnities to 
 dramatic authors and artists ; encouragement to dramatic and musical 
 art; treasuries of retraites, and pensions of the conservatory and tbe 
 opera. 
 
 There is also a commission of the government for the lyric theatres 
 and the imperial conservatory of music and declamation ; a commissaire 
 administraleur of the theatre Fran^ais, and a commissary of the govern- 
 ment for the Odeon theatre. 
 
 in. — Service of buildings. 
 
 Under the charge of a chief of battalion of ongineers, inspector gen- 
 eral of works, who is called charge de la direction du service. 
 
 Functions. — Study and preparation of projects ; administration of 
 buildings ; execution of new works, and keeping them in repair ; 
 liquidation of expenses; disputed claims. Preparation and revision of 
 designs, (devis;) series of premiums and conditions for the execution 
 of works; examination of the claims of contractors, (e««rejpr«ie«r*.) 
 
 Accounts. 
 This is in charge of a chef de bureau. 
 
352 
 
 APPENDIX. 
 
 There are also a political editor, with a translator and secristary ; a 
 juris-consulie and two ministerial officers of the legal profession, viz : a 
 notary and an advocate ; also a doctor and an assistant doctor. 
 
 There are also architects for the ministry of State ; the union of the 
 TuiUeries to the Louvre ; school of fine arts ; imperial academy of 
 music ; magazine of decorations ; school of design ; palace of archives ; 
 monuments of the rue d'Anjou ; Odeon theatre ; conservatory of music ; 
 academy qf France at Rome ; and for the chauteau de Saverne. 
 
 Commission of the control of works. 
 
 Cosisting of a president, secretary and ten members. 
 
 Permanent, committee on historical documents. 
 
 Consisting of a president, vice-president, secretary and fifteen mem- 
 bers. 
 
 > Imperial archives. 
 
 This vast depot, the formation of which dates back to 1789, con- 
 tained, at first, only the archives of the national assembly ; later, there 
 were added to -it ihe\~aiCconals-( litres) preserved in a large number of 
 public and private depots, established by the original decree of March 
 6, ISOSj in the palace which it now. occupies on the ground of the 
 former hotels of Clinar, Guise and Soubise ; it is destined to receive 
 all documents: of gerjpral interest AVhich are connected with, the, his- 
 tory,, legislation, an4 administration of Fraijce. 
 
 The imperial archives contain at this moment, accordingito an ac- 
 count taken the 10th of Febru^ary,. 1851, 238,518 cases, cariojw, files, 
 registers, portfolios, volumes, plans and charts, divided, intp three sec- 
 tions, and placed, as well as the other parts of the service, under the 
 dijrection of a keeper general, appointed by the emperor, on the nomi- 
 nation of the minister of state. The most curious of the documents 
 which it; possesses is an original diploma of the year 625.- The im- 
 perial archives increase every day by deposits from the various Stale 
 departments. ■ 
 
 The establishment is divided into three sections and a secretaryship. 
 
 Historical sectioru 
 
 . This is under the charge of a chief. ' 
 
 Functions. — Depot of« charts and supplements ; historical documents 
 dating back, to the seventh century ; precious documents, especially 
 eccleysiastical, such as cartularies; bulls, documents of the Paris and 
 other^ churches, and concerning church property, parishes, monastic 
 establishments, &c. ; mixed papers, such as military orders, papers ; 
 previous establishment of public instruction ; genealogical documents, 
 &c., &c. ; collections of impressions and dies of seals, from the fifth 
 century to the present time. 
 
 Administratiiv section. 
 This is under the direction of a chief. 
 
APPENDIX. 
 
 353 
 
 Functions. — ^Ancient council of state, council of Lorraine, ordonnances, 
 letters patent, bons, and brevets of the king ; constitutional regime of 
 1791 ; the convention ; the executive directory ; the consulate ; the em- 
 pire ; the constitutional regime of 1814 ; the pays d'etat ; ancient bureau 
 of the arts of Paris ; farmership general ; regie des arts ; ancient minis- 
 try of the house of the king ; deposits from the minister of the interior, 
 of agriculture, commerce, public works, public instruction and worship, 
 and of war. The ancient chamber of accounts of Paris, (memorials, 
 homages, confessions, and censures ;) titles distributed by the depart- 
 ments, cantons, and communes ; tax rolls ; tenders for national proper- 
 ty ; papers relative to the domains and apanage of princes ; documents 
 relating to ancient religious establishments and various congregations, 
 (of nuns, friars, &c.,) of the city of Paris ; sequestrations ; confisca- 
 tions ; escheats ; court rolls, (plans terriers ;) topographic charts ; division 
 of France into departments, &c. 
 
 Legislative and Judicial section. 
 
 This is under the direction of a chief. 
 
 Functions. — Laws, ordinances | edicts, orders, letters-patent, impe- 
 rial decrees, whether printed or in manuscripts ; authentic copies 
 and notes of the minutes of the ancients ; notable and national as- 
 semblies ; documents annexed to these minutes ; papers of represen- 
 tatives en mission, and of committees of the constituante of 1789^, and the 
 convention ; senate ; chambers of peers ; chamber of deputies ; con- 
 stituante of 1848 ; legislative assembly, &c. 
 
 Grand chancellery _; secretary of the king ; prevoteet requetes de Vhotel ; 
 grand council ; privy council ; commissaries extraordinary ; councils supe- 
 rior ; parliament of Paris ; chatelet of Paris ; courts and various jurisdic- 
 tions ; court oi aides et des monnaies ; bureau of finances ; constableship ; 
 admiralty ; waters and forests ; bureau of the city of Paris ; salt depot ; 
 chambre des batimens et des d-omes, Sfc; tribunals extraordinary ; court of 
 peers ; payments for the ministry of justice. 
 
 Sec7-etaryship. 
 
 With a keeper of archives, (archiviste,) a responsible secretary, and 
 an order-clerk — secrelaire-compatable et commis d^ordre. 
 
 Functions. — Registration ; seal ; classification and preservation of 
 dispatches ; information {renseignemens ;) bulletin of researches ; trans- 
 missions ; order and distribution of work ; administrative correspon- 
 dence ; accounts ; furnishers ; materid ; direction of the internal ser- 
 vice ; supervision of works ; and reparation of buildings. 
 
 (m.) 
 
 Administration of the Department of the Seine and of the 
 
 City of Paris. 
 Department of the Seine. 
 The department of the Seine is composed of a portion of the Isle de 
 France. It is environed on all sides by the department of the Seine 
 23 
 
354 APPENDIX. 
 
 and Oise. Its superficial extent is 475 kilometres, or 47,500 hectares, 
 (117,340 acres.) Its population, according to the last census, is 
 1,422,065 ; of which 1,053,256 belong to the city of Paris ; 233,792 
 for the arrondissement of St. Denis, and 135,011 for the arrondissement 
 of Sceaux. There are a prefecture of the department, a prefecture of 
 police, two sub-prefectures, twenty cantons or districts under a justice 
 of the peace, and eighty-one communes. 
 
 The first mihtary division comprises the diocese of Paris, and the 
 ressort of the imperial court of that city. 
 
 Prefecture, at the Hotel de Ville. 
 
 This is in charge of the prefect of the Seine, vyho has a secretary 
 general. 
 
 Cabinet of the prefect. 
 
 This is in charge of a cfiefdu cabinet. 
 
 Bureau of fine arts, of " material," and of fetes. 
 
 This is in charge of a head clerk (chef.) 
 
 Functions. — Fine arts;, orders for, and' preservation of, objects of art 
 belonging to communal establishments ; fetes and public ceremonies ; 
 mainteHanee and preservation qf the moveable effects of departmental 
 and municipal establishments ; expenses o( materiel ; printing ; furnish- 
 ing of the bureaux of the prefecture, of schools, and of asylums 5 local 
 reparations at the Hotel de Ville. . Supervision .of guardians and ser- 
 vants connected with the city qf Paris ; subscription funds (for materiel,) 
 
 An architect of public fetes and an architect inspector of fine arts 
 are attached to this bureau. 
 
 Council of pre/'ecture. 
 
 This consists of five members and a secretary. , 
 
 Municipal and departmental committee. 
 
 This is appointed by decree of the executive power ; it consists of 
 thirty-six members, forming the municipal council of Paris, and eight 
 members for the arrondissements of St. Denis and Sceaux. 
 
 Archives and Secretaryship qf the municipal and departmental communes. 
 
 This is in charge of a secretaire archivisie. 
 
 Bureau of the prefecture. — Secretaryship general. 
 This is under the immediate direction of the secretary general. 
 
 \st Bureau. — Secretaryship general, "personnel," commerce, agricidlure, 
 
 statistics. 
 
 This is in charge of a head clerk, (chef.) 
 
APPENDIX. 355 
 
 Functions. — Personnel of the bureaux of the prefecture ; salary of the 
 employes ; liquidation of pensions ; reception and distribution of the 
 general correspondence ; transmission of dispatches; commerce; pa- 
 tents of invention ; chamber and tribunal of commerce ; the Exchange, 
 (Bourse;) councils oiprud'hammes ; merchandise and insurance brokers ; 
 chartered corporations {societes anonymes ;) exhibitions of the products of 
 industry ; agriculture ; consultative chambers of agriculture ; horse- 
 races. 
 
 Statistics ; committee on statistics ; mouvement and census of the 
 population. 
 
 Legalizations, adjudications, drawing by lot of the obligations of the 
 city of Paris, and of the department; mixed affairs. 
 
 Chamber of Commerce of Paris, (sitting at the Bourse.) 
 
 This chamber is composed of the prefect of the Seine, who presides 
 over it when he is present, and of twenty-one elective members, who 
 are renewed by thirds, every two years. They aj-e re-eligible at the 
 expiration of a first triennial term ; but, after six years of service they 
 are non-eligible until after an interval of one year. It is the duty of 
 the chamber of commerce to give its opinion and advice on the means 
 of increasing the prosperity of commerce, to expose the causes which 
 prevent its progress ; to indicate its possible resources ; to oversee the 
 public works relative to commerce and navigation, and to see to the 
 execution of the laws and decrees concerning contraband goods. 
 
 Supervision of forts aiid of navigation. 
 
 This consists of five commissaries. 
 
 Archives and Secretaryship. — Lihrary of Commerce, with suitable officert' 
 '2d Bureau. — Archives. 
 
 This is in charge of an archiviste. 
 
 Functions.^— Care and preservation of the archives of the prefecture ; 
 classification of ministerial decrees and decisions ; archives of civil 
 statistics for the epochs anterior to 1st Messidor, an. Ill ; (19th June, 
 1795,) preservation of municipal and departmental titres du domaine, 
 and of the plans of public monuments ; keeping of the repertory oCartes 
 to be registered. 
 
 Judiciary agency and matters in dispute. 
 
 This is in charge of a judiciary agent of the prefecture. 
 
 Functions. — Matters in dispute in the department, and the city of 
 Paris ; reception and visa, of significations, memoirs, and applications for 
 authorization to plead ; supervision and following up of litigious afFaii-s ; 
 
356 
 
 APPENDIX. 
 
 correspondence with advocates and other ministerial oflScers ; verifica- 
 tion of the memoranda of charges in judiciary matters ; signification of 
 conges given by the department and the city of Paris, in matters of lo- 
 cation ; examination of projects of acquisition, alienation, exchange of 
 location, and other acts involving the interests of the department and 
 the city of Paris ; convocation of the consultative committee, and keep- 
 ing of the registers of its deliberations. 
 
 Consultative committee. 
 
 This consists of a president, secretaire-archiviste, and eight dther mem- 
 bers, all members of the legal profession. 
 
 Cotinsel. 
 
 This consists of seven members, called ministerial oflBcers ; and two 
 other counsellors. 
 
 1st Division. 
 
 General administration; collection of municipal taxes; hospitals; 
 State domains ; public instruction, worship, &c., &c. It is in charge of 
 a head clerk, (chef.) 
 
 1st Bureau. 
 
 Departmental and communal administration. It is in charge of a 
 head clerk, (chef.) 
 
 Functions. — Administrative personnel; formation of tables of the re- 
 newal of the general council, cantonal councils, and municipal councils ; 
 installation of these councils ; appointment of mayors and assistant 
 mayors in the capitals {chefs lieux) of the arrondissements, and in the 
 communes where the population exceeds six thousand souls ; presen- 
 tation of candidates for the functions of mayor and assistant mayor in 
 the other communes ; administration of the oath; salaries of adminis- 
 trative functionaries ; work connected with nominations and promotions 
 in the order of the legion of honor. 
 
 Civil statistics ; transmission of actes ; relations with the committee 
 for the inspection and verification of deaths ; preparation of the decen- 
 nial tables ; naturalizations ; rehabilitations- 
 Circumscription of arrondissements, cantons, and communes ; ad- 
 ministration of rural communes ; burials and pompes funebres ; cemeteries; 
 expenses of courts, tribunals, justices of the peace, and other magis- 
 trates of Paris ; collection of administrative actes ; general affairs. 
 
 Insjjection of the service of the verification of deaths. 
 
 This consists of three medical inspectors for every three arrondisse- 
 ments ; four supplementary medical inspectors ; one inspector for the 
 pomjpes funebres and inhuniaiions ; and one inspector and one geometre lor 
 the cemeteries. 
 
APPENDIX. 357 
 
 2d Bureau. — Collection of munidpal dzies; property in the city and ieipart- 
 
 ment. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — "Octroi" of Paris ; slaughter-houses; caisse de Poissy ; 
 public weighing, measuring, and guaging ; halles, markets, and entrepdts, 
 (administration and collection;) charges for places and provisioning 
 locations in the public streets; charges for positions {stationnement) on 
 the Seine ; preparation of ground plans, &c., of property of the city and 
 of the depai'tment ; the preservation of title-deeds of municipal and 
 departmental domayis, and of the plans of public monuments, letting 
 of properties belonging to the city of Paris and the department ; servi- 
 tudes of these various properties ; product of the public streets, roads, 
 sewers, &c., &c. 
 
 Direction of the '^Caisse de Poissy ;" public weights ; collection of municipal 
 
 dues ; slaughter-hoiises. 
 
 Isl. Caisse de Poissy, 
 
 This caisse, or treasury, is administered by the prefect of the Seine, 
 and governed (regie,) by a director, who has under him a cashier, a 
 sub-paying cashier, a receiver, and a collector. 
 
 It is charged to pay, in cash, and. before the market closes, for all 
 cattle bought at the markets of Sceaux, Poissy, and the veal market, 
 by the butchers of Paris. 
 
 It can also make loans of these amounts to the butchers within the 
 hmits of the credit opened with each of them by the prefect of police. 
 
 2d. Public weights, collection of municipal dues ; slaughter-houses. 
 
 The service of public weights is divided into two parts ; the first 
 comprises the operations of weighing, measuring, and guaging, in the 
 halles, markets, wood-yards, and ports. The second comprises, first, 
 the operations of weighing, measuring, and guaging a domicile, as re- 
 quired by commerce or by the ofiicers of justice ; second, measuring of 
 liquids by means of a decating apparatus estabhshed at the general 
 entrepot of wines and spirits ; third, the admeasurement of stones des- 
 tined for pubhc and private buildings. 
 
 The collection of the duties on wholesale transactions in produce at 
 the Iialles and market, is administered directly by the prefect of police ; 
 but the supervision and control of the collection of these duties are ex- 
 ercised by particular inspectors appointed by the prefect of the Seine, 
 and placed under the orders of the director. 
 
 The director also attends to the collection of the charges lor stalls, 
 &c., in the retail markets ; prepares the account of the recovery of 
 rents of the communal houses, and is charged with the care of the 
 slaughter-houses, (abattoirs.) 
 
 The inspectors of public weights, and collection of municipal dues 
 are six in number. 
 
358 APPENDIX. 
 
 3d Bureau. — Public assistance. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — ^Hospitals and asylums ; direction of assistance at private 
 houses ; pawnbrokers' establishments ; abandoned children ; appoint- 
 ment of pupils or apprentices to the midwives ; encouragement of vac- 
 cination, and of charitable establishments ; direction of the bureau of 
 nurses ; administration of the tontines d'epargne. 
 
 Epiditnic physicians. 
 
 Namely, a physician in chief; a physician of the arrondissement of 
 St. Denis ; and another for the arrondissement of Sceaux. 
 
 Administration of " To7itines." 
 
 This is under the supervision of the prefect. 
 
 The tontines, called savings of employes' and artisans, are governed 
 (regies) by three adtninistrators, (whose services are gratuitous,) selected 
 from the municipal administration of the city of Paris; thej'^ are under 
 the orders of a director. There is also a cashier to the administration. 
 
 4:th Bureau.— 7-Domai% of the State. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — Administration of the doniain of the slate, sales and 
 locations ; domains engages; sequestrations in cases provided by the 
 laws ; lifting [main ledee) of mortgages against debtors to the States ; 
 successions in escheat ; sale of waifs and objects abandoned ; restitu- 
 tion of their products to the rightful owners ; liquidation of the expenses 
 of the pound ; lease of fishing privileges ; liquidation of the expenses 
 of criminal justice ; preparation of tabular accounts of deceased fund- 
 holders and pensioners of the State ; preliminary formalities in judiciary 
 cases prosecuted in the name of, or against the State ; the following up 
 of litigious matters ; declinatory pleas and conjlits ; expropriation and 
 acquisition of property required for fortifications and other State uses ; 
 domanial archives, and those of forrher consignation's, and saisies rSellei. 
 
 5th Bureau. — Public instruction. 
 
 This is in charge of a head clerk, [chef.) 
 
 Functions. — Public instruction and worship ; academy of Paris ; 
 faculties of law and medicine; learned societies ; medical jury and list 
 of physicians ; visa of the diplomas of doctors and midwives ; exami- 
 nation of aspirants to the polytechnic, military, and naval schools, and 
 schools of the waters, forests and mines ; administration of the college 
 RoUin, and the college Ghaptal; administration of the communal 
 buildings connected with public instruction ; primai-y instruction, and 
 
APPENDIX. 
 
 359 
 
 institutions and boarding schools of young ladies ; workshops, {ouvroirs,) 
 and asylums ; communal free scholarships in the colleges of the State, 
 and other establishments of public instruction ; correspondence and ex- 
 penses relative to public worship. 
 
 Special course of mutuaJ, instruction, founded by the city of Paris, 
 
 This is in charge of a professor for the instituteurs, and a lady profes- 
 sor for the institvirices. 
 
 The course is in operation every three months. The instruction in- 
 cludes reading, writing, arithmetic, grammar, and also linear drawing 
 and the elements of practical geometry ; in the school of eleves-maitresses, 
 dress-maldng {la couture) is instituted for linear drawing. In order to 
 be admitted to this school it is necessary to present a certificate of 
 morality from the mayor. 
 
 Normal singing school, {cours normal de chant,) founded by the diy of Paris. 
 This is in charge of a director and a professor. 
 
 Normal school for instruction in the management of asylums, {fours wwvtwl 
 pour la methode des saUes d'asile.) 
 
 This is under the charge of a directress. 
 
 Lady delegates, {dames deleguees.) 
 
 For the inspection of the institutions and boarding schools for young 
 ladies ; consisting of four ladies. 
 
 2d Division. 
 
 Bridges and roads ; waters and pavements of Paris ; streets, canals, 
 railroads, thoroughfares, {grand voirie,) &c., &c. ; architectural works ; 
 this is in charge of a head clerk, {chef.) 
 
 1st Bureau. — Bridges, roads, and "voirie vicinale." 
 
 This is in charge of a head clerk, {chef,) and assistant, {sous-chef.) 
 
 Functions. — ^National and departmental routes ; bridges in and out of 
 Paris ; railroads ; works on the Seine and the Marne ; canal St. Maur ; 
 canal St. Maurice; boats and ferry-boats; towing-paths; streams; 
 mills and wofks, {usines ;) parish roads, town, and city voirie. 
 
 1st section. Service of bridges and roads, grandes routes and parish 
 highways ; in charge of an engineer-in-chief, and three engineers. 
 
 Navigation from Paris up the Seine. 
 
 This is in charge of an engineer-in-chief, and engineer. 
 
360 APPENDIX. 
 
 Paris bridges and Seine navigation in and below Paris. 
 
 This is in charge of an engineer-in-chief, director, and four engineers, 
 one of whom is specially charged with statistical researches as to ma- 
 terials. 
 
 Navigation of the Mame, and the canals of St. Maur and Sc. Maurice. 
 
 This is in charge of an engineer-in-chief, and two engineers. 
 
 Railroads. 
 
 1. Paris and Strasburg railroad, in charge of an engineer-in-chief. 
 
 2. Paris and Lyons railroad, in 'charge of a divisionary inspector of 
 bridges and roads, an engineer-in-chief of the 1st section, and an en- 
 gineer. 
 
 3. Paris and Rennes, and Paris and Orsay, in charge of an engineer- 
 in-chief. 
 
 4. Chemin de ceinture, (railroad around Paris,) in charge of an engi- 
 neer, performing the functions of an engineer-in-chief. 
 
 2d section. Parish and communal roads. Arrpndissement of Sceaux, 
 in charge of a principal road survej^or, {agent voyer;) a second ditto for 
 the cantons or Sceaux and Villejuif ; and another second for the can- 
 tons of Vincennes and Charenton. Arrondissement of St. Denis, in 
 charge of a principal road surveyor, (ageni' voyer;) and two second 
 ditto, one for the cantons of Neuilly and' Sti Denis ; the other for the 
 cantons of Courbevoye and Pantin. 
 
 2d Bureau. — Waters and pavetnent of Paris. 
 
 This is in charge of a head clerk and sub-clerk, {chef and sous-chef.) 
 
 Functions.— GdO[idL\s of the Ourcq, of St. Denis, and of St. Martin ; 
 aqueducts, hydraulic machines. Artesian weUs ; distribution of water 
 supply of Paris ; fountains ; sewers ; levelling, paving, &c. ; planta- 
 tions ; laying of gas pipes. 
 
 Engineers and Inspectors of the Municipal Service. 
 
 Consisting of a director ; two engineers-in-chief, one for the first di- 
 vision, (right bank of the Seine,) the other for the second division, (left 
 bank of the Seine ;) six engineers, allotted to that number of sections, 
 each section comprising a quarter {quartier) of Paris ; one inspector of 
 waters for each of the two above-mentioned divisions ; and one in- 
 spector of machines and canals. 
 
 3d Bureau. — Highways, Railroads, Sec, {Grand Voirie.) 
 
 This is in charge of a head clerk and assistant clerk, {chef and sous- 
 chef.) 
 
APPENDIX. 
 
 361 
 
 Functions. — ^Preparation of the plan of Paris ; publication of plans of 
 aligrtement, and correspondence relative thereto ; creation and enlarge- 
 ment of public ways ; acquisitions, expropriation and demolition of 
 houses ; naming and numbering the streets and houses of Paris ; rela- 
 tions "with the committee on indemnities and that on " alignemeuts ;" 
 direction of the funds appropriated to this service ; reserved domainal 
 affairs ; execution of the law as to insalubrious dwelUngs ; execution 
 of tlie plans of Paris ; deliverance of permissions for alignements and 
 mirie ; police of constructions ; prosecution in cases of contravention ; 
 relations with street commissioners, {commissaires-voyers,) and with the 
 consultative bureau of the voirie; preservation of the inscription of 
 names of streets, and of the general numbering of Paris. 
 
 Service of the Flan o/Faris. 
 
 Consisting of a conservator of the plans of Paris, a verifying geome- 
 ter, and four other members. 
 
 Administrative Committee of Alignements. 
 
 This committee was instituted for the study' and revision of plans of 
 alignement for all the public streets of Paris ; for the examination of pro- 
 jects for enlarging and opening streets to be executed by the city or by 
 private individuals, and giving its opinion on all the difficulties which 
 may arise as to the execution of alignements. 
 
 This committee consists of the head clerk of the 2d division, who is 
 president ; the head clerk of the bureau of the grande voirie, who is vice- 
 president; two divisionary street commissioners, {commisaires-voyers,) 
 the sous-chef oi the grande voirie, the conservator of the plans of Paris, 
 and a secretary. 
 
 Committee on Indemnities, 
 
 This committee was instituted to give its opinion on the regulation of 
 indemnities growing out of the enlarging of the public thoroughfares and 
 the opening of new streets. 
 
 It consists of the prefect, who is president, five members of the mu- 
 nicipal committee, the head clerk of the 3d division, the head clerk of 
 the bureau of the grande voirie, two divisionary street inspectors, {com- 
 missaires-voyers,) the judiciary agents, and the sous-chef of the bureau of 
 the grande voirie, who is secretary. 
 
 Service of the Grande Voirie of the City ofFaris. 
 
 This consists of two divisionary street commissioners, (commissaires- 
 voyers,) twelve commissioners for the arrondissements, (one for each,) 
 one private inspector of the voirie for each of the twelve arrondissements, 
 and the sous-chef of the bureau of the grande voirie, who is secretary. 
 
 The divisionary street commissioners [commissaires-voyers) give their 
 opinion on the reports of the street commissioners of the arrondissements, 
 and on the affairs which are communicated to them. The street com- 
 missioners of the arrondissements make their respective reports on the 
 
362 
 
 APPENDIX. 
 
 applications for permission to construct or repair, they verify the exe- 
 cution of the alignemenCs, and they report contraventions of every descrip- 
 tion. The private inspectors of the voirie are attached to the street in- 
 spectors of the arrondissement, to aid them in the exercise of their su- 
 pervision. The divisionary. street commissioners and the street com- 
 missioners of the arrondissements meet together every Tuesday, and 
 form themselves into a bureaai of consultation. This bureau is presided 
 over by the head clerk (chef) of the division, or, in his absence, by the 
 head. clerk (cAf/" ) of the bureau of the grande voirie. The bureau of con- 
 sultation gives its opinion on all the affairs which are submitted to its 
 examination by the divisionary street inspectors. This bureau is also 
 charged to give its opinion on the defects in construction in new build- 
 ings, signalized to them by the street commissioners, and to indicate to 
 the buQders and to the owners the necessary rectifications. On their 
 refusal to conform themselves to such indications, minutes of the facts 
 of the case are sent to the bureau of the grande voirie, that it may be 
 proceeded with de rigueur. A register of the deliberations is kept. 
 
 4l,h Bureau. — Architectural . Works ^avd Quarries. 
 
 This is in charge pf a head clerk and assistant clerk, {chef and sous- 
 chef.) 
 
 Functions. — New constructions ; works for the maintenance of exist- 
 ing edifices; Hotel de Ville and the mayoralties of Paris; churches, 
 temples, presbyteries, and diocesMi edifices ; the exchange arid the court- 
 houses; lyceums and establishments of primary instruction; haltes, mar- 
 kets, eoitre-pots, and slaughter-houses, (abattoirs;) walls of Paris, and oc- 
 troi-buildings ; prisons, depots of Saint Denis and of Villers Cotterets ; 
 barracks of the gendarmerie and o? the sapieurs pompiers : guard-houses 
 and public promenades; reserved granaries; cemeteries; reports with 
 the committee on architecture; quarries under Paris; supervision of 
 quarries throughout the department. 
 
 Architectural Works of the Departmei^ of the Seine, and of the city of 
 Paris. — Ordinary Service. — Personnel. 
 
 1st section. Comprising the hotel of the prefecture of the Seine; the 
 edifices consecrateci to public worship; squares and promenades ; com- 
 munal buildings, and municipal establishments of public instruction. 
 
 This service consists of an ai'chitect in chief; a second architect ; six 
 inspectors; one sub-inspector; and three conductors. , - 
 
 2d section. Comprising the buildings of the barriers ; the city walls ; 
 the road round Paris; the Octoi hotel; the entrepots; the pataches and 
 bureaux of inspection connected with the Octroi; ,the police and navi- 
 gation; the general entrepot of wines, spirits, &c.; the cemeteries, and 
 slaughter-houses. 
 
 This service consists of an architect, three inspectors, one sub-in- 
 spector, and a conductor. 
 
 3d section. Comprising the prisons of the department; the depots of 
 St. Denis and of Villers Cotterets ; the Morgue *; the barracks of the 
 
 * Where dead bodies are exposed for' recognition. ' 
 
APPENDIX. 
 
 363 
 
 gendarmerie of the Seine, and of the sapeurs pompiers ; the maison 
 d'arret of the garde nationah, and the corps de garde. 
 
 This service consists of an architect, four inspectors, and two sub- 
 inspSctors. 
 
 There is an inspector of plantations who is attached to the various 
 sections. 
 
 Works ill the Communes of the Arrondissement of St. Denis. 
 
 This is in charge of an architect. 
 
 Works of the Communes of the Arrondissement of Sceaux. 
 
 This in charge of an architect. 
 
 Service Extraordinary. 
 
 This service consists of numerous architects, inspectors, sub-inspect- 
 ors, and conductors, who are charged, according to circumstances, 
 with special works at the various hotels belonging to the city, churches, 
 mayoralties, court-houses, prisons, seminaries, barracks, school-houses, 
 barriers, &c., &c. 
 
 Committee on the Revision of Estimates. 
 
 This consists of a comptroller, of architectural works, and three 
 revisers. 
 
 Inspection General of the Quarries of the Department. 
 
 Consisting of an engineer in chief of mines, who is inspector general 
 of quarries, and two inspectors particuliers of quarries. 
 
 The functions of this inspection' are the genferal supervision of quar- 
 ries which cure being worked in the department ; the execution of regu- 
 lations respecting them, and the direction of the works of consolidation 
 in old quarries under and outside of Paris. 
 
 3d Division. 
 Direct Taxes; Elections; Recruiting Service; and the National Guard. 
 This is in charge of a chief of division. 
 
 1st Bureau. — Administration and recovery of Direct Taxes. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — General measures relative to the administrature and re- 
 covery of impost duties ; personnel of the agents of the service ; private 
 receivers and collectors ; assessment and apportionment of the impost ; 
 executions and tax rdles ; general state of the collections ; direction of 
 the funds remitted to the receivers and ■collectors, and the funds of res- 
 titution of the commuBal centimes; committee for districting the city of 
 Paris; measures relative to annual changes as to goods liable to impost 
 duty; and to the establishment of rSles de patentes; cadastre; local and 
 
364 APPENDIX. 
 
 extraordinary taxes ; personnel of prosecuting agents ; direction of pros- « 
 ecutions ; rate of charges ; complaints entered against the collectors or 
 their agents; reclamations pour came degarantee; privilege of the treas- 
 ury ; making of the registers for the keeping of the accounts. ' 
 
 One auctioneer appraiser, {commissaire priseur vendeur,) is attached to 
 this bureau. 
 
 Committee on the Apportionment of the Taxes, (Contributions.) 
 
 This committee is charged with the apportionment of direct taxes in 
 the city of Paris ; with the valuation (assisted by the comptroller of 
 taxes), of the revenue of all the houses newly built, and of all the addi- 
 tions made to old houses; with the taking of the census (assisted also 
 by the comptrollers) of persons liable to taxation on their moveable 
 effects ; with assisting (under the delegation of the prefect) the mayors 
 of the arrondissements in the execution oi matrices depatentes; with at- 
 tending (assisted by the comptrollers) to complaints of all kinds con- 
 cerning the direct taxes, and giving their opinion on each ;. with the verify- 
 ing (in the collecting bureaux) the collection of signatures {emargements) 
 on the roles, and of the notification of the reduction of taxes ; and, finally, 
 with the registration and delivery of licenses, and with the delivery of 
 extracts from the tax book. , , 
 
 The committee is composed of five commissary apportioners, and 
 twenty-two assistant apportioners. 
 
 2d Bureau. — ^Matters in dispute in relation to taxes. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions.- — Examination and acceptance of applications for deduc- 
 tions of all kinds in relation to direct taxes; also of accounts of quotas 
 unduly imposed, and of quotas irrecoverable, prepared by the collec- 
 tors ; labor relative to the examination, and the judgments relative to 
 these matters; contradictory appraisals; decisions of tlie council of the 
 prefecture ; ordering and settling of deductions ; appeals to the council 
 of state ; work relative to vacant houses ; losses in consequence of in^ 
 undations, fires, &c.; employment of the funds of nonvaleurs. 
 
 3d BureaUf— flections and juries. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Direction of the operations relative to the electoral lists ; 
 establishment of the general list of electors of the department of the 
 Seine, in alphabetical order ; establishment of the general list of indi- 
 viduals domiciliated or born in the department of the Seine, but deprived 
 of their electoral rights by the courts and tribunals of France. Com- 
 munication to citizens of the electoral lists. Division- of the electoral 
 circumscriptions into sections. Election of deputies to the corps legist 
 latif ; general examination and counting of the votes at the hotel de 
 ville. 
 
 Election of the members of the council general, of the councils of 
 
APPENDIX. 365 
 
 the arrondissements ; election of municipal councillors, of mayors, and 
 adjoints, in communes of less than six hundred souls. 
 
 Formation of the general jury hst of the department ; of the annual 
 list of jurymen, and of the supplementary jury list designed for the 
 courts of assizes. 
 
 Formation of the list of juries charged with fixing the indemnities in 
 matter of expropriations. 
 
 4:th Bureau. — Recruiting service, national guard, and mililary service. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functio-ns. — ^Recruitment for the army; direction and control of the 
 annual census ; drawings by lot ; revision ; replacements and substi- 
 tutes ; delivery of certificates of exemption or of liberation ; notifica- 
 tion of orders de route ; remittance of mandats de fonds de masse to the 
 soldiers liberated from the service ; reserve ; troops en passage and in 
 gcurrison ; supervision of conditional dispensations ; desertions, and in- 
 subordinacy; visa and legalization of all documents relative to the mili- 
 tary service ; corps de giiarde de surete; barracking of "^the gendarmerie, 
 of the guard of Paris, and of the sapeurs pompiers; national guard; 
 orpiians and pensioners of June, 1848. 
 
 4th Division. 
 General accounts. 
 This is in charge of a chef de division. 
 
 \st Bureau. — Budgets and accounts. 
 
 This is in charge of a head clerk, {chef,) assisted by a cashier to the 
 prefecture ; a comptroller of the municipal caisse, and an inspector de« 
 ■caisses. 
 
 Functions. — Preparation of the budgets of the department and of the 
 city of Paris ; annual accounts of the lunds and expenses paid by order 
 of the prefect ; their presentation to the council-general and to the 
 municipal council; the correspondence relative thereto with the minis- 
 ters ; summary of the revenues ; monthly accounts sent to the depart- 
 ments ; payment of pensions from the retiring pension funds ; accounts 
 of these funds ; controle des rentes sur la ville de Paris; municipal treas- 
 ury, (caisse ;) supervision, control, and auditing of the accounts of the 
 interior treasury (caisse) of the prefecture. Examination, verification, 
 and presentation to the council of the prefecture of the accounts of the 
 municipal receivers, and the treasurers of the bureaux and estabhsh- 
 ments of charity in the rural communes ; examination, verification, and 
 presentation to the municipal and departmental committee of the ac- 
 counts of the oct7-oi of the banlieux, and of the moveable effects (mo- 
 bilier) belonging to the departments ; also, of the accounts of the civil 
 hospitals and charitable establishments of the city of Paris ; of the 
 
366 APPENDIX. 
 
 tontines d^epargnes, of the College RoUin, of the superior primary school, 
 of the municipal school-chaptal ; of the moveable effects of the com- 
 munes, of the octroi, and the entrepSts; of the droitu d'abattage, of the 
 caiise de Poissi/j of the "waters of Paris, of the public weights, and other 
 municipal dues; inspection and veriScation of the caisses. 
 
 Treasury of the city of Paris. 
 
 This is in charge of a treasurer, who has under him a chefde compta- 
 hilite, a cashier, a paymaster, and a conservateur des oppositions. 
 
 The municipal treasury {caisse) receives the product of the general 
 receipts of the municipal octroi, and charitable contributions ; also, the 
 centimes, and all other revenues for communal expenses. 
 
 2d Bureau. — General liquidation and orders of payment. 
 
 This is in charge of a chef. 
 
 Functions. — rLiquidation and payment of expenses a.uthorized by the 
 prefect fAr the account of the Std,te, of the department, and of the city 
 of Paris ; keeping of the accounts relative to the empiloyment of the 
 public flinds'graiited for the budgets ; delivery of orders of paymsBt ;. 
 transmission to the bureau of verifications of memorials on the subject 
 of regulations ; co-operation in the preparation of the annual accounts- 
 of the department and of the city of Paris^ 
 
 Bureau of verification and of regulation. 
 
 This bureau is charged with the verification of all the works of 
 architecture executed by adjudication or by contract, and those done 
 par economic ; also, the bills of all the -tlirniture of tlie departmental and 
 communal establishments ; with the regulation of the prices of said- 
 bills. 
 
 A committee of revision, making a part of this bureau, revises the 
 work of the verificators. 
 
 The bureau consists of two commissary-revisers, six commissary- 
 revisers for the ordinary service, and seven for extraordinary service. 
 
 Sub-prefectures of the department of the Seine. — Arrondiss&nent of St. Denis- 
 
 Comprising four cantons„ thirty-seven communes. Population, not 
 including the garrison, 233,792. 
 
 The government consists of a sub-prefect and a council d'arrondisse- 
 ment of nine members. 
 
 Arrondissement of Sceaux. 
 
 Comprising four cantons, forty-three communes. Population, not 
 including the garrison, 135,011. 
 
 The government consists of a sub-prefect and a council d" arrondisse- 
 ment of nine members 
 
APPENDIX. 
 
 367 
 
 Communal aiTondissements and mayoralties of Paris. 
 
 At Paris the prefect of the department fulfils the functions of central 
 mayor. 
 
 The commune of Paris is divided into twelve municipal cantons (or 
 arrondissemenis and justices de yaix. They each have a major and two 
 anoints, who axe charged with the administration and the functions- 
 relative to the etat civil. Each canton or arrondissemcnt has also its 
 secretaire, chefdes bureaiix, &c. 
 
 (n.) 
 
 Prefecture of Police. 
 
 This is in charge of the prefect of pohce, who has a secret arj' gene- 
 ral and a private secretary. 
 
 Functions. — The functions of the prefect of police were fixed by the 
 decrees of I2th Messidor, an. VIII, and 3d Brumaire, an. IX ; by the 
 decision of the minister of general police, under date of 25 Fructidor, 
 an. IX ; by the law of 22d Germinal, an. XI ; by article six of the 
 decree of government of the 1st Messidor following ; and maintained 
 by tBe decree of the 21st Messidor, an. XII. 
 
 His authority extends over all the department of the Seine and the 
 communes of St. Cloud, Sevres, Meudon, and Enghien, of the depart- 
 ment of the Seine and Oise ; he has also the police of the maiket of 
 Poissy, in the same department. He exercises his fiinctions under the 
 immediate authority of the ministers, and corresponds directly with 
 them on all subjects connected with their respective departments. He 
 is member of the general council of administration of the mont de piete, 
 (pawnbroking establishments,) and of that of public assistance. He is 
 charged, under the authority of the minister of the interior, with all 
 afifairs relative to the administrative and economical regime of the pri^ 
 sons, {maisom de de^ot, d'arrSt, de justice, de force, de correction, de Reten- 
 tion, and de repression,) situated in the department of the Seine, as also of 
 the police of these establishments, of wliich also he appoints the employes. 
 
 Cahi-net. 
 
 This is in charge of a chefdu cabinet. 
 
 Functions. — Opening of correspondence ; separation and following 
 up of afiairs urgent and secret ; registration and forwarding of 
 dispatches to the divisions ; measures of general security, mobs, and 
 tumultuous assemblages menacing pubhc tranquiUity ; political afifeirs 
 and correspondence ; confidential affairs connected with the general 
 police ; subsidies to poUtical refugees. 
 
 Municipal and departmental committee. — (See council of the prefecture.) 
 
 Sub-prefectures. — Council of public hygiene and of salubrity. 
 
 The council of salubrity, created in 1802 in connexion with the pre- 
 fecture of police, was entirely reorganized by an ordonnance of the prefect 
 
368 APPENDIX. 
 
 of police, under date of December 24, 1832, approved by the minister, 
 and by the ordonnances of December 15, 1851, and January 19, 3 852. Its 
 functions embrace particularly the public hygiene, the sanitary exami- 
 nation of the halles and markets, and of cemeteries, slaughter-houses, 
 streets, insalubrious establishments generally, dissecting rooms, night 
 soil,, &c.; public baths ; visits to prisons ; succour to persons who attempt 
 to drown or suffocate themselves ; epidemics ; medical statistics and 
 tables of mortality ; researches for purifying public places, and improv- 
 ing the processes in use in various professions having a tendency to 
 compromise the public health. 
 
 The council is composed of the prefect of police, who presides over 
 it ; an annual vice-president, and annual secretary, fifteen titular mem- 
 bers, five members adjoints, and ten members who are appointed on 
 account of their peculiar professions. 
 
 Counsellors of the Prefecture. 
 
 Consisting of five professional members. 
 
 Public and ministerial officers attached to the Prefecture. 
 
 These consist of a notary, two advocates, one appraiser, and one 
 Huissier. 
 
 Municipal Police. 
 
 This is under the direction of a cAe/* and a sous-chef, who have charge 
 of the' printing of the service of th^ municipal px)lice, and the relations 
 with the reserved police and the political bureaux. 
 
 Commissaries of Police. 
 
 These consist of firo'm three to five commissaries for each arrondisse- 
 ment, (there being one to each of the police sections into which the ar- 
 rondissemenfs are divided;) one f(Jr the imperial residences; one for 
 the staif {etat major) of Paris ; five for the prefecture of police ; one for 
 the exchange ; three for the tribunal of municipal police ; one for each 
 of the rurEil communes within the jurisdictlori of the prefecture of po- 
 lice, except Belleville, which has two ; and six for the city. of Paris, 
 who are charged to assist in their daily affairs the complxollers for the 
 guarantee of articles of gold and silver. 
 
 Bureaux of the Prefecture of Police. — Secretaryship Gen- 
 eral. 
 
 ist Bureau. 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^Work relative to the -personnel of the administration, and 
 of the exterior services therewith connected ; appointments, suspen- 
 sions, dismissals, admission to the retired list, increase of salary, indem- 
 
APPENDIX. 
 
 369 
 
 nities, gratuities, advancements, conges ; order and discipline ; relations 
 with the ministers for the appointment and replacement of those of the 
 functionaries attached to the prefecture of police who are not appointed 
 directly by the prelect ; legahzation of signatures ; administration of 
 the oath to the functionaries of the administration. 
 
 2d Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Theatres, balls, concerts, caje-concerts ; public exhibitions 
 of works of curiosity^ ; theatral directions ; saUes de spectacle ; fencing 
 matches ; balloon ascents ; public billiard rooms, societies, clubs, 
 (cerdes,) and public meetings ; mutual aid societies ; concours for the 
 execution of the laws and regulations concerning public instruction j 
 examination of candidates applying for teachers' diplomas ; execution 
 of laws and regulations relative to printing and book-selling ; placards 
 and bill-stickers ; sale of journals ; colporteurs ; distributors of printed 
 works ; contraventions in regard to stamps ; travesties ; mountebanks, 
 strolling musicians and singers ; various games ; execution of the laws 
 respecting public worship ; measures of order to be taken on the occa- 
 sion of fetes, pubhc ceremonies, reviews, races, carnival divertisse- 
 ments, &c.; guard of Paris, (service in the pubhc establishments and 
 ports ;) firemen or sapeurs-pompiers, (expense of materiel, accounts, and 
 service in pubhc establishments ;) statistics of mihtary posts, military 
 pohce, recruiting service ; dehvery of certificates of moral aptitude for 
 voluntary enrolments or for replacements ; deserters, insubordinateg, 
 marines, soldiers in conge ; search after, seizure, and restoration to the 
 arsenals of arms of war ; operations of internal commerce, and importa- 
 tion of arms de luxe ; prohibited merchandise ; frauds ; indirect taxes ; 
 depot of marts of fabrication, and of French origin, of spun cotton, tis- 
 sues, and woven goods, similar to those the importation of which is 
 prohibited. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — Care and preservation of the libraiy and the archives ; 
 classification of dossiers of affairs finished ; classification and preserva- 
 tion of ordonnances, decrees, and circulars of the prefect of police ; 
 classification of ministerial circulars and decisions of the council of the 
 prefecture ; research after, and distribution of, ordonnances ; reprinting 
 of collections, tabular works, catalogues, and repertories ; dehvery of 
 old passports and pemm de sgour ; depot and preservation of objects 
 seized and found ; dehvery of pieces a conviction ; destruction and sales 
 for the profit of the municipal treasury of papers independent of the 
 service ; central hbrary for tne prisons ; mixed affairs not belonging to 
 any fixed department ; translation of documents written in foreign lan- 
 guages ; exainination of the statutes of chartered corporations, {soci&ies 
 anonymes,) insurance companies, and tontines ; examination relative to 
 applications for honorific recompenses ; delivery of medals of honor ; 
 researches made and information obtained in the interest of families ; 
 24 
 
370 APPENDIX. 
 
 information applied for by the civil and military administrations; con- 
 vocation of the administrative comraiittee ; convocation of the assembly 
 of electors of butchers and bakers ; administration of the oath to phar- 
 macieurs ; stamping {poingonnage) of arms of *war intended as samples ; 
 notifications relative to the police of roulage for the departments, (ex- 
 cept that of the Seine ;) recovery of fines and costs in matters of simple 
 police ; researches as to the solvency of persons condemned to fines or 
 to reimbursements of costs. 
 
 4th Bureau. 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — Adjudications and markets for the communal and de- 
 partmental services ; mJiking out of leases; formahtles of registration; 
 .appointment of appraisers ; maintenance of the hotel buildings and fur- 
 niture; lights and fuel; interior service; clothing and equipping of 
 sergents de vUle; establishments for gas apparatus for the city; purchase 
 and distribution of articles of usual consumption, of furniture -and uten- 
 sils of all kinds for the following services, viz : cleaning and watering 
 the streets J sewarage; the Morgue; the pounds; navigation; commis- 
 saryships of police; public weighing and measuring; weights and 
 measures; halles and markets; abattoirs; sheep-folds; the dispensa- 
 ries; -the service of voitures de place; the service -.of public assistance; 
 the hotels of the staff of the guard of Paris, and the firemen, {sapeurs 
 pompiers ;) inventories of the materiel of these various services, and the 
 accounts thereof. ^ 
 
 Accounts. 
 These are in charge of a head clerk {chef) and a cashier. 
 
 Functions.— Fiepai-a.tion of the two special budgets of the administra- 
 tion concerning the expenses it is authoirized to incur, whether on ac- 
 count of the city of Paris or of the Department of the Seine; establish- 
 ment of the annual accounts to be published according to law ; matters 
 in dispute, and liquidation of expenses; dispatch and delivery of orders 
 of payment drawn on the municipal treasury, {caisse,) or the pubUc 
 treasury ; particular- accounts relative to industrial works, and to the 
 masses de reserve of persons confined in the prisons of the department ; 
 control and visa of all the propositions for expenditure made by the 
 administrative bureaux; accounts of various dues and revenues re- 
 ceived on account of the city and the department, by the collecting 
 officers of the administration ; visa and preservation of oppositions made 
 to the appointments of employes in the depots de gurantie of the bakers, 
 &c. ; liquidation of pensions and orders for payment for arrearages in 
 the treasury {caisse) of depots et consignations ; communal accounts ; de- 
 partmental accounts. 
 
 Caisse. 
 
 Payment of the salaries of the functionaries and employes oi the pre- 
 fecture of police; collection of certain dues to the profit of the, city of 
 Paris ; payment of subsidies to refugees ; payment of all urgent ex- 
 
APPENDIX. 
 
 371 
 
 penses ; receipt of dues, for the benefit of the poor, from the dancing halls, 
 (at the gidnguettes,) within and without the walls ; receipt of the special 
 revenues of the prisons of the Seine; payment of these revenues into 
 the public treasury on account of the receiver general of the depart- 
 ment ; payment of the expenses of directors of the prisons of the Seine, 
 and of the depot of mendicity ; also, of the salaries of the employes at- 
 tached. to these establishments, and to the other departmental services 
 connected with the prefecture ; payment of the masses de reserve to lib- 
 erated prisoners. 
 
 1st Division. 
 
 Police of order and of 'public security. 
 This is in charge of a chefde diusioiu 
 
 \st Bureau. 
 
 This is in charge of a head cleirk, (chef.) 
 
 Functions. — Pursuit of criminals and dehnquents signalized or un- 
 known, and against whom no writs have yet been issued ; transmission 
 of minutes {proces verbaux) and information to the judiciary authorities ; 
 valuables found or left elsewhere than in public carriages ; search after 
 individuals who have disappeared from their domicils ; suicides and ' 
 accidental deaths ; accidents ; transport to the hospitals of sick persons 
 not inscribed in the charitable bureaux ; pile-drivers; rollers; decoupoirs; 
 presses ; balances ; contraventions against the laws respecting matters 
 of gold and silver ; inscriptions of sales and purchases on the legal 
 registers ; exposition for sale of keys separate from their locks, and 
 opening of private houses after the hours fixed by the regulations ; the 
 mont de piete, in its relations with public security ; auctions and sale 
 rooms ; carrying of forbidden arms ; nocturnal disturbances ; strikes ; 
 lotteries ; gaming houses ; games of chance on the highways ; regula- 
 tions and ordonnances as to the hours of closing public places ; sup- 
 pression of contraventions in that respect; notices to be given in regard 
 to public security on licenses of wine-shops, cafes, Sec, and withdrawal 
 of said licenses for public security; questions relative to intelligence 
 offices; organization and regulation of these establishments, and exami- 
 nation of appUcation for licenses; execution for summonses, writs, 
 judgments, &c. ; execution of ordonnances of extradition ; propositions 
 for the expulsion of foreigners not confined ; examination and proof of 
 electoral incapacity ; correspondence with the judiciary and adminis- 
 trative authorities of the departments relative to individuals prosecuted 
 or sought after ; supervision of liberated prisoners, convicts, reclusion- 
 naires, and others ; propositions relative to their applications for resi- 
 dence in the Department of the Seine, and measures to be taken for 
 transportation to penitentiary colonies ; examination of applications for 
 rehabilitation ; preparation of judicial summaries and bulletins ; collec- 
 tion and methodical classification of all sentences of condemnation 
 pronounced by civil and military courts and tribunals of France ; de- 
 
372 APPENDIX. 
 
 livery of extracts of documents calculated to enlighten examining ma- 
 gistrates on the judiciary antecedents of accused persons. 
 
 2d Bureau. 
 
 This is in charge of a head clerk, (chef.) 
 
 Functions. — Reception of documents, and minutes relative to persons 
 under arrest ; sending these persons before the imperial procureur, and 
 transmission to the court (parquet) of the minutes establishing the cir- 
 cumstances of their arrest ; transmission of evidence against them to 
 the tribunal of first instance. Personal examination of individuals 
 arrested in virtue of writs issued by the judiciary authorities of the 
 departments. Questions of individnahty ; examination of discharged 
 convicts subjected to police supervision on account of rupture de ban, 
 measures to be taken respecting discharged mendicants ; examination 
 of individuals to be sent, as'a matter of kindness, either to the depot of 
 mendicancy at Villers Cotterets, or to the maison de repression at St. 
 Denis. Measures to be taken in regard to arrested foreigners. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, {cJmf.) 
 
 Functions. — Inteiior police of the prisons in the department of the 
 ■ Seine ; houses of arrest, of justice, of correction, and of repression, and 
 depot of mendicancy ; the classification of prisoners in these various 
 establishments; delivery of permissions to communicate -with them; 
 transfers ; departure of prisoriers for the ba-gnes (convict prisons) or for 
 the maisom centrales; cellular carriages ; yoyng prisoners, boys (at cen- 
 tral house of correctional educatioti) girls, (at Sainte Ldzare.) Paternal 
 correction,; societies of patronage for young prisoners; provisional libera- 
 tions ; preparation of projects of budgets of expenses for the departmental 
 prisons of the Seine; the depot of mendicancy at Villers Cotterets and 
 the central house of correctional education. Memorials to the minister 
 of the interior, and to the committee of the department of the Seine in 
 support of these budgets. Nouriture and support of prisoners ; purchase 
 of furniture, fuel, fights, beds, and maintenance of the buildings ; fixing 
 of the charges relative thereto* 'Religious services; industrial labor of 
 prisoners ; contracts with various manufacturers ; fixing of wages ; gen- 
 eral supervision of the working rooms ; verification of the inventories of 
 the filrriiture of prisons ; accounts of the materials. Registration of ex- 
 perises, and verification of bills and accounts ; clothing of the employes 
 in the prisons. 
 
 Service Of prisons. 
 
 1st section. This is in charge of an inspector general. 
 
 This section comprises seven prisons, viz : cellular prison of deten- 
 tion, called the Maison Ma^as, having a director, three almoners, a physi- 
 cian, and. two assistant physicians ; depot of prisoners under sentence, 
 having a director, an almoner, a physician and two assistants ; prison 
 
APPENDIX. 373 
 
 of Sainte Pelagie, with a director, an almoner, a physician and two 
 assistant physicians, one of whom is also a surgeon ; "house of justice," 
 called the Conciergerie, with a director, an almoner, a physician and an 
 assistant physician; the depot of the prefecture, with a director, a 
 medical surgeon, and an assistant physician ; house of repression (at 
 St. Denis,) with a director, an almoner, a pastor of the reformed church, 
 and a physician ; and the depot of security, (at St. Denis,) in charge of 
 a concierge. 
 
 2d section. This in charge of an inspector general. 
 
 This section comprises the central prison of correctional education, 
 with a director, an almoner, two priests to say mass on Sundays and 
 religious holidays ; a greffier-institutetcr ; a physician and two assistant 
 physicians ; Sainte Lazare, with a director, a first and second almoner, a 
 physician for the fii'st section and two physicians for the second', and 
 two assistant physicians ; the prison of repentant females, {Madelon- 
 nettes,) with a director, an almoner, a physician, and two assistant phy- 
 sicians ; a debtors' prison, with a director, an almoner, a physician, and 
 an assistant physician; and a depot of mendicancy, with a director, an 
 almoner, and a physician. 
 
 The " service of prisons" has also an architect. 
 
 4«/t Bureau. 
 
 This in charge of a head clerk, (chef.) 
 
 Functions. — ^Delivery of passports for the interior, and for foreign 
 countries ; reception, visa, and delivery of permits and military corigSs. 
 Passports with assistance on the route ; delivery of permits to remain in 
 France ; sporting regulations ; delivery of permits to shoot game, &e. 
 Delivery of certificates to workmen and domestics ; delivery of num- 
 bered medals and licenses to commissionaires stationed in the public 
 streets ; of buUet'ms of iriscription to brocdnteurs, and of numbered med- 
 als or tickets to rag-pickers. Registrations of declarations made by 
 persons who have the intention to' let hotels, houses, chambers, or fur- 
 nished apartments. Contraventions against the law as to the register of 
 the names of travellers on the books of the hotels, &c., &c. 
 
 5th Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^Re^gister of public prostitutes ;• measures to which they 
 are subjected in the interest of order and public health ; supervision of 
 
 * The following is a copy of the regulations concerning public prostitutes in Paris : 
 
 " Every woman who abandons herself openly to public prostitution, is reputed as a woman 
 of the town, and enregistered ,as such, either on her own demand or officially. 
 
 " The registration consists in inscribing on a special register, kept for tliat purpose, the 
 name and surname of every woman, her age, country, and residence ; her previous employ- 
 ment, and the motives which induced her to have recourse to prostitution. Before being 
 enregistered they are made acquainted with tlie rules and regulations concerning public 
 prostitutes. 
 
314 
 
 APPENDIX. 
 
 licensed houses of prostitution, (called houses of tolerance.) Corres- 
 pondence with families as to girls who are minors. Suppression of 
 outrages against public morality, such as debauchery, corruption, ob- 
 scene publications, sale of obscene images, &c., &c. Withdrawal of 
 licenses to wine-shops, cq/es, Sec, in the interest of public morals. 
 
 6th Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^Inquests on persons signalized as affected with mental 
 alienation, and transporting them to the hospitals of Bicetre or of the 
 Salpetrrere, to the imperial hospital at Charenton, or to private hospitals. 
 
 " The registry is almost always voluntary, and is only exercised i'office with regard to a 
 very limited number of women, who are openly addicted to debauchery, and who have 
 already been arrested for prostitution, or who are attacked with contagious diseases, and 
 refuse to submit to the measures to which it is the duty of the authorities to subject them, 
 in the interest of order and of the public health. 
 
 " The prostitutes once duly enregistered, are divided into two clases : The isoles; that is, 
 those who have a private residence, either with their own furniture or in furnished apart- 
 ments ; and the fdleS de maison, a term applied to those who reside in the brothels or tnaisons 
 de tolerance. 
 
 ." On being enregistered, they name the particular class to which they intend to belong ; but 
 can remove from one class to another on making a previous declaration to that effect. 
 
 " The women who keeps the maisons de tolerance or brothels, are called maitresses de mai- 
 son, and can only exercise their calling with the authority of the administration, which they 
 cannot obtain without producing the consent, in writing, of the proprietor of the house in 
 which they propose to establish themselves. 
 
 " For public reasons these houses must be established as far as possibje from the temples 
 and churches, the national palaces, monuments, government offices, public establishments, 
 and schools. 
 
 "In the interest of the neighbors, the windows of all brothels are required to be furnished 
 with double curtains in the interior, and with shutters or blinds outside, fastened with pad- 
 locks, and the glass to be unpolished or stained. , 
 
 " The maitresses de maisoii are responsible for any disorders which take place, either in their 
 houses or outside, caused by the women who reside there, and are liable to be deprived of their 
 licenses for non-conformity to the obligations imposed upon them. 
 
 " The number of women allowed in each maison de tolerance depends upon its size. 
 
 " The most important obligation which the registration imposes on the women , is their being 
 obliged to submit to periodical sanitary examinations ; for, whilst on one hand the authorities 
 have been guided in their proceedings towards these unfortunate women by the desire of sup- 
 pressing the scandal which their presence occasions, on the other hand they have had in view 
 the prevention of the dreadful contagion which prostitution tends to propagate ; and, conse- 
 quently, all their efforts are directed towards increasing the guaranties required by the all- 
 powerfiil interest of the public health. 
 
 " Twelve physicians, one of whom with the title of physician-in-chief, and director of this 
 service, are charged with mating the inspection. 
 
 " The isolSes, or women who reside at their own lodgings, are required to be visited once 
 eveiy fortnight at the medical bureau, where three physicians are constantly on service. 
 
 " The^Hes de maison, or those living in the brothels, are visited once a week at their houses, 
 a precautionary measure the more necessary on account of their more frequent intercourse 
 with men than the women of the other class, the indolence and carelessness natural to them, 
 and their habits of dissipation being far greater than those who reside in lodgings. 
 
 " The first receive a ticket or carte renewable yearly, on being enregistered ; and which, 
 after each visit, is stamped with the stamp of the prefecture, to justify that the same has 
 been duly made, as they are at all times and places liable to be required to produce their carte 
 to the police. 
 
 " The visits to the women in the brothels are certified by the visa of the physician on the 
 register kept by the mistress of. the house, and from which tliey are required to inscribe the 
 names of the women who lodge with them in the registers of the administration. 
 
 " They are also required to give notice at the same office, within twenty-four hours at tlie 
 utmost, of the arrival or departure of an inmate, in order that they may not retain a woman 
 not enregistered or diseased, and to enable the police to take measures for discovering those 
 who quit, and do not immediately enter another house or establish themselves in lodgings. 
 
 " Independently of the regular visits, these women must be examined at the medical bureau, 
 whenever they quit one class for another, or change houses ; whenever they require passports ; 
 when they are arrested ; or when they leave the prisons or hospitals. 
 
APPENDIX. 375 
 
 Verification of the mental state of boarders under treatment in the 
 insane asylums of the department of the Seine ; supervision of these 
 asylums and of private asylums {maisons de sante;) transfer of insane 
 persons in the departments, and sending to their own country those 
 who come from abroad ; supervision of midwives authorized to receive 
 boarding patients or pupils. Placing of abandoned or exposed infants 
 and of orphans at the foundling hospitals ; the researches to ascertain 
 their age, and to discover their families. Correspondence in respect 
 to them with the administration general of public assistance ; restoration 
 to their relatives of children lost in the public streets ; inscription list for 
 nm-ses who come to seek employ in Paris, and \\'ithin the jurisdiction 
 of the prefect of poUce. Correspondence with the authorities relative 
 to nurses, and to the children who are confided to them ; supervision of 
 agents for wet-nurses, and persons who lodge or hire nurses. Authori- 
 
 " Whenever a woman in the brothels is discovered to be diseased, she is immediately sent 
 to the medical bureau, to be visited by the physicians, who draw up a report of the nature 
 and character of the malady, with which certificate they are sent to the hospital. 
 
 " Although amongst the women living in lodgings tliere are many who submit voluntarily 
 to the obligations required, the far greater number endeavor to evade them ; and, conse- 
 quently ,j the medical bureau furnishes every facility to the administration for discovering 
 those who fail in being visited ; a certain number of agents being specially employed for this 
 purpose. Their duties consist in engaging the women living in private apartments to be 
 exact in undergoing the visits required ; in obliging those behindhand to do so ; and in arrest- 
 ing those who, having received orders to go to the hospital, have not done so, or who have 
 quitted surreptitiously ; and in obliging those who have not been inscribed to fulfil this for- 
 mality. 
 
 " The women who quit their mode of life, are, after a certain time, erased from the regis- 
 ters." 
 
 The following are the rules and regulations to which they are required to submit, and 
 which are printed upon their carte : 
 
 " Prostitutes having their carte are required to present themselves once every fortnight at 
 the dispensaire de salubrite, to be examined." 
 
 " They are required to produce their cards at every requisition of the officers and police 
 agents." 
 
 " They are forbidden to carry on their calling during the day ; and cannot appear in the 
 public streets until half an hour before tlie gas laihps are lighted, or before seven o'clock in 
 the evening, at any season, nor to remain after eleven o'clock at night. ^' 
 
 " They must be decently and sin^ply dressed, and not attract attention, either by the glar- 
 ing colors or richness of their attire, or by extravagant fashions ; and are forbidden to appear 
 without caps or bonnets." 
 
 " They are strictly forbidden to address men accompanied by females or children ; and at 
 any time to address them verbally, or by entreaties, or in a loud tone of voice. " 
 
 " They are not allowed, at any hour, or under any pretext whatever, to appear at the win- 
 dows, which are required to be kept constantly shut, and provided with curtains, and shutters 
 or blinds." 
 
 " They are forbidden to appear within twenty yards at least of the churches and temples, 
 or in the covered arcades and passages, or in the gardens and environs of the palace of the 
 Tuilleries, of the Luxembourg, and in thq garden of plants." 
 
 " They are likewise forbidden to appear in the Champs Elysees, on the esplanade des Inva- 
 lides, and the outer boulvards, on the quays and bridges; and, in general, in all isolated 
 streets and deserted spots." 
 
 " They are likewise prohibited from frequenting the public establishments and private 
 houses where prostitution is clandestinely carried on; and also where there are tables d'hote." 
 
 " They are likewise forbidden to share their residence with their keepers or protectors, or 
 with another woman of the town, or to let out furnished apartments, without authority." 
 
 " They are also required, within their dwellings, to abstain from whatever may annoy the 
 neighbors, or give offence to passers by . " 
 
 "Whoever trespasses upon the above regulations, or who resists the agents of authority, or 
 who gives a false address, is liable to incur a penalty in proportion to the gravity of the of- 
 fence. " 
 
 (This penalty is imposed by the chief of the bureau who has the power, " in the interest of 
 the public health," to inscribe a woman as a public prostitute, and to send her to prison fora 
 term not exceeding one year ; and this, judging in secret, and without appeal.) 
 
376 APPENDIX. 
 
 nation and supervision of infant asylums or creches, and of weaning- 
 houses. 
 
 Connected with this bureau there are a physician charged to examine 
 insane persons on their arrival at the prefecture of police ; two physir 
 cians charged with visiting insane persons ; and one principal inspec- 
 tor, and an inspector having supervision of private asylums, {^isons de 
 sante,) weaning-houses, and establishments of nurses'. 
 
 2d Division. 
 
 Administrative Police; Promsioning ; Commerce; Navigcuion; Thorowgh- 
 fares, {voirie;) Salubrity. 
 
 This is in charge of a chef de division. 
 
 f 
 1st Bureau. 
 
 This is in charge of a head clerk (chef.) 
 
 Functions. — Subsistence and supplies of articles of food ; police of 
 halles and markets; supervision of the collection of municipal dues in 
 these places ; public weighing at the markets ; supervision of the mar- 
 kets of Sceaux, Poissy, &c. ; slaughter-houses, and melting-houses con- 
 nected with them; butchers' establishments and chxirceuterie. Depdtde 
 gardnlie of the bakers ; baking and pastry-cook establishments ; hay- 
 lofts, &c. ; periodical price of bread for Paris ; keeping of prices-ciu"- 
 rent of grain-markets. Tripe shops ; seizure and destruction of stale 
 and unwholesome food. The exchauge ; stock and tnerchandLze bro- 
 kers ; facteurs and workmen of the halles and markets. Exebution of 
 laws concerning the uniformity, verification, and supervision of weights 
 and measures. Public weighing and measuring' in ports and wood- 
 yards, and supervision of the bureaux established for the eoUectioH of 
 charges therewith connected. Navigation of the Seine, the Marne, and 
 the canals, within the jurisdiction of the prefect of police. Ports and 
 towing-paths ; establishments on the rivers ; steamboats, &c. Measures 
 of urgency to ensure supplies of fuel and provisions. Wood yards and 
 timber yards ; workmen connected with "the ports and places of sale 
 for coals ; establishments for the sale of wine ; destruction of diluted, 
 corrupted, or injurious drinks. 
 
 Active service. 
 
 This comprises an "inspection general of halles and markets," con- 
 sisting of ati inspectol: general and an assistant inspector general; a 
 " syndicat of butchers," consisting of a sydic and six assistant syndics; 
 a " syndicat of bakers," consisting of four syndics, (chosen by forty- 
 eight electors, and presided over by the prefect of police,) and a 
 gq,rde magazin, having charge of the dcfot de garantie ; a " police of the 
 Paris exchange," in charge of a commissary of police ; an ^^ inflection 
 principale of navigation and of ports," in charge of an inspector pruici- 
 pal ; an "inspection of public weighing and measuring, and ofcombus- 
 
APPENDIX. 377 
 
 *," in charge of an inspector principal; a " verification and inspec- 
 tion ot the weights and measures," consisting of a verificator in chief, a 
 venfacator, a charge of verification at private domiciles, an assistant veri- 
 hcator, a verificator and assistant verificator for each two of the arron- 
 dissements of Paris, and for the arrondissement of St. Denis, and a 
 verificator for the arrondissement of Sceaux ; a " service for tasting 
 wines, spirits, &c.," in charge of a taster in chief; and a " committee 
 lor the supervision of steamboats," consisting of six members. 
 
 Note.— The number of bakers in Paris is fixed at 600. There is 
 also one bake-house exclusively authorized to Ihake use of a power 
 kneading machine. The bakers are divided into four classes, and are 
 obliged to have in all a reserved stock of 81,280 sacks, or 127,609 me- 
 trical quintals, (about 14,013,000 pounds,) of which 84,114 qiiintals 
 (about 9,274,000 pounds) are deposited in the granaries of ahundartce. 
 
 2d Bureau. 
 
 This is in chairge of a chef. 
 
 Functions. — Dangerous buildings; supervision of demolitions, of con- 
 structions, and of reparations ; and delivery of permission for that kind 
 of work. Supervision of public monuments and edifices ; enclosure of 
 ground not built upon ; boxes, flower-pots, and other objects exposed 
 on the window-sills and on the roofs of houses ; deposit of materials on 
 the public streets ; unloading of wood and coal in the streets ; games 
 played in the streets interfering with the free circulation ; measures to 
 be taken for clearing the public streets during fetes and ceremonies ; 
 places for the assemblage of laborers xtnd mechanics in the public 
 streets } paving ; leveling of the soil of the public streets ; streams of 
 water ; excavations for the construction of sewers, and for laymg gas- 
 pipes and water-pipes ; bai-ring up of the streets ; keeping sidewalks in 
 order. Registration of permits for working' quames ; supervision 'of 
 quarries, in respect to the lives of the wbrkmen and their general security, 
 Constructing, repairing, emptying and suppressing the sewers of water- 
 closets, ; contractors for night-soil and their workmen ; moveable sew- 
 ers ; experiments for improving the night-soil service ; public and 
 private water-closets. Police of railroads. Supervision of the news 
 paper-sellers, and keepers of refreshment-rooms at railroad stations ; 
 examination of propositions for the organization of railroad service, 
 and propositions for tariffs for fares and charges ; correspondejnce on 
 this subject with the companies, and with the minister of public works. 
 Publication of tariffs of fares and charges approved by the superior 
 administration. Delivery of permits relative to the f elite voirie. Exe- 
 cution of regulations as to uneven pavements, gutters, stalls, pent 
 houses, moveable and stationary fences, abutments, &c:, &c. Super- 
 vision of the names of streets, and the numbers of houses, and corres- 
 pondence on this subject with the priefecture of the Seine. Uneven 
 pavements in the pubhc arcades ; machines, for burning coffee. Ex- 
 ecution of the regulations concerning strolling pedlars ; delivery of 
 permits to pedlars. Regulation of the minutes of offences to be pro- 
 secuted before the simple, police, and bringing of the offenders before 
 that tribunal. 
 
378 APPENDIX. 
 
 Active Servite, — Buildings and petite voirie. 
 
 In charge of an architect, commissary of the -pelile voirie, who has 
 under his direction four architects of the first class, and six of the second 
 class. 
 
 Quarries. 
 
 In charge of an inspector general of quarries, who is an engineer-in- 
 chief of mines ; and two private inspectors, who are engineers of mines. 
 
 • Railroads. 
 
 Under the direction of a " cAarge' of the direction of the supervision of 
 railroads from Paris to the Belgian frontier, from Amiens to Boulogne, 
 and from Paris to Strasburg;" a "charge, &c., &c., of the railroads 
 from Paris to Rouen and to Havre, from Rouen to Dieppe, from Paris 
 to St. Germains, from Paris to "Versailles, (both sides of the river,) the 
 Western railroad, and that from Paris toSceaux;" a " charge, Sec, Sec, 
 of the railroad from Paris to Orleans, and of the central railroad ;" a 
 " charge. Sec, Sec, of the railroad from Paris to Lyons ;" and four other 
 persons. 
 
 3d Bureau. 
 
 This is in charge of a head clerk, (chef.) 
 
 Inunctions. — Hackney coaches, {voiiures de place, de remise and soii^ rem- 
 ises,) omnibuses, special carriages in connexion with the railroads, rail- 
 road cars, diligences and grosses messageries, private carriages, baggage 
 wagons ; water carriers, coach drivers, postillions, and drivers and con- 
 ductors of every description ; preparation, and execution of police ordon- 
 nances for theregulationof all kinds of carriages used along the route o£ 
 the various railroads ; execution of the laws and regulations on the police 
 of transport, (roMZo^e;) pounds at the prefecture of police ; arrangements 
 to be made for lighting the public streets; regulation of the monthly 
 accounts presented by the various gas-companies, and by the contrac- 
 tors for lighting with oil ; execution of the ordonnance concerning the 
 sale of gas to private persons ; execution of, the regulations concerning 
 the salubrity and the cleaning of the public streets ; street sweeping at 
 the expense of the city ; removal of dirt from streets ; care of the com- 
 mon sewers j watering the streets ; list of expenses to be incurred for 
 these various services, whether by adjudication or otherwise, and liqui- 
 dation of the expenses they occasion ; regulations as to private sewers, 
 wells, &c., &c.; fires, and expenses incident thereto ; examination and 
 reparation of badly constructed chimneys ; public fountains ; police of 
 the river Bievre, and the other streams of unnavigable water in the de- 
 partment of the Siene ; curage of the Bievre, and preparation of the 
 rdles for the recovery of the expenses occasioned by the supervision and 
 curage thereof. 
 
 Active service. 
 
 This consists of an inspector general, having in charge the lighting, 
 cleaning, and watering of the streets, and the care of the common sew- 
 ers, and a controkur inspector of the pound, {fourriere.) 
 
APPENDIX. 379 
 
 \th Bureau. 
 
 This is in charge of a head clerk, {chef.) 
 
 Functions. — ^All matters relating to the public health ; labors and ■per- 
 sonnel of the council of public hygiene and of salubrity ; execution of 
 the laws in respect to pharmacy and the practice of medicine ; physi- 
 cians, health-officers, midwives, apothecaries, herborisies, druggists ; 
 secret remedies ; dissecting rooms ; inspection of mineral waters, na- 
 tural and artificial ; epidemics, epizooties ; vaccination, cemeteries, dis- 
 interments, and reinterments ; autopsy ; embalments of corpses ; table 
 of deaths which have occurred in the arrondissements, and in the hos- 
 pitals and infirmaries of Paris; annual statistics of deaths, giving the 
 ages and nature of maladies ; execution of the ordonnance of Novem- 
 ber, 1838, on the insalubrity of dwellings ; execution of the decree of 
 September 9, 1848, as to hours of work ; execution of the law relative 
 to the labor of children in manufactories ; execution of the ordinances 
 of 14th and 28th December, 1850, on the disinfection of water-closet 
 deposits, and tolerated depots of excrements ; public baths and wash- 
 houses, fi-ee or at reduced prices, (in execution of the laws of 28th No- 
 vember, 7th September, 1850, and 3d February, 1851 ;) electric light- 
 ing ; supervision of the laying and the service of private gag-pipes ; 
 portative gas, compressed and non-compressed ; gas metres ; examina- 
 tion of all new apparatus, and, in fact, everything relative to lighting 
 by gas or electricity, with the exception of the public lighting ; forges 
 and other workshops not classified ; dangerous, unwholesome, and an- 
 noying establishments ; wood-yards ; coal depots ; establishments for 
 carbonization ; breweries; establishments for the sale of combustibles ; 
 steam apparatus ; railroad locomotives ; search and destruction of glan- 
 dered horses and other animals, either dangerous or having contagious 
 maladies ; ecarrisseurs, (knackers ;) communal slaughter-houses for 
 horses ; veterinary surgeons ; shooting galleries for the practice or trial 
 of arms ; fireworks ; places for the sale of powder ; supervision of the 
 transport of powder ; public succor ; police of the Morgue. 
 
 Active service. 
 
 This comprises the " council of public hygiene, and of salubrity,' 
 already given ; the supervision of steam engines, consisting of an 
 engineer-in-chief, and an engineer of mines ; an inspector of mineral 
 waters, consisting of three medical inspectors, two veterinary surgeons 
 attached to the prefecture ; one inspector of dangerous insalubrious 
 and disagreeable establishments ; a supervision of apparatus for light- 
 ing by gas, consisting of two inspectors ; and an inspection of the work 
 of children in manufactories, consisting of nineteen members for Paris, 
 four for the arrondissement of St. Denis, and four for the arrondisse- 
 ment of Sceaux. 
 
 Tribunal of simple police, at the Palais de Justice. 
 
 This tribunal takes cognizance, according to articles 137 and 138 of 
 the Code d' Instruction Criminelle, of all contraventions in the matter of 
 
380 JCPPENDEC. 
 
 simple police, which are subject, either to a fine, not exceeding fifteen 
 francs, or to confinement, not exceeding five days, irrespective of the 
 confiscation or value of articles which may be seized. The tribunal, 
 in deciding on these contraventions, gives its decision, at the same time, 
 on the question of restitution and damages. 
 
 It is presided over, successively, by the justices of peace ;. the func- 
 tions of the ministere public are fulfilled by a commissary of police, 
 delegated ad hoc, and two supplementary commissaries of police. 
 
 The prefecture of police has also its printer. 
 
 (A.) 
 Organic articles of the law relating to the organization ob' 
 
 WORSHIP," PROMULGATJiD THE 18tH GERMINAL, IN THE YEAR X. OF 
 THE REPUBLIC. 
 
 Title I. 
 
 Administration, of the Catholic church in its general relations with the rights 
 and policy of the Slate. 
 
 Article 1. No " bull," brief, rescript, decree, mandate, presenta- 
 tion, signature serving as a presentation, or other expedition of the court 
 of Rome, even concerning private individuals only, can be received, 
 published, printed, or otherwise put in execution, without the authority 
 of the governnlent. 
 
 2. No individual bearing the title of nuncio, legate, vicar, or apos- 
 tolic commissioner, or under any other denomination, can, without the 
 same authority, fiilfil any office appertaining to the Galilean church, 
 either on the French soil, or elsewhere. 
 
 3. The decrees of foreign synods, even those emanating from the 
 councils general, cannot be published in France, until they have been 
 submitted to the examination of the government with regard to their 
 form, and in conformity with the laws, rights, and "immunities of the 
 republic, as well as all writings, which, by their publication, are liable 
 to attack or subvert the public tranquillity. 
 
 4. No national or archiepiscopal council, or diocesan synod, nor any 
 deUberative assembly, can take place without the express permission 
 of the government. 
 
 5. All ecclesiastical functions shall be gratuitous, except the oflerings 
 authorized and fixed by the regulations. 
 
 6. All cases of abuse on the part of the superiors, and other eccle- 
 siastical officers, must be referred to the council of state. 
 
 The cases of abuse are: usurpation, or excess of power; contra- 
 ventions against the laws and regulations of the republic; the infrac- 
 tion of the regulations consecrated by the canons received in France ; 
 attempts against the liberties, immunities, and customs of the Galilean 
 church, and all other attempts or proceeding, which, in the exercise of 
 worship, may compromise the honor of the citizens, trouble arbitrarily 
 their consciences, or degenerate against them into oppression or injury, 
 cause public scandal. 
 
APPENDIX. 
 
 381 
 
 7. The council of state is also to be referred to, in all attempts 
 against the public exercise of worship, and that liberty which the laws 
 and regulations guarantee to its ministers. 
 
 8. This recourse may be exercised by all persons interested. In the 
 absence of a particular complaint it may be exercised by the prefects. 
 The public functionary, clergyman, or person who is desirous of exer- 
 cising this recourse, must draw up a petition, signed by himself, to be 
 laid before the councillor of state, to whom all ttiatters relative to wor- 
 ship are confided, and whose duty it is to make every inquiry within 
 the shortest delay possible ; and upon his report the matter is followed 
 up and definitively arranged within the administrative forms, or referred, 
 according to the exigency of the case, to the competent Jiuthorities. 
 
 Title II. — Ministers of religion. 
 
 Section 1st. General regulations. 
 
 9. The Catholic worship shall be exercised under the direction of the 
 archbishops and bishops within their respective dioceses, and under the 
 direction of the curates in their several parishes. 
 
 10. Every privilege exempting from, or attributing to, the episcopal 
 jurisdiction is abolished. 
 
 11. The archbishops and bishops may, with the authority of the 
 government, establish cathedral chapters and seminaries within their 
 dioceses. All other ecclesiastical establishments are suppressed. 
 
 19. The archbishops and bishops are free to add to their names the 
 title of citizen (citoyen) or that of Mr-, {Monsieur.) All other titles or 
 qualifications are prohibited. 
 
 Section 2d. Archbishops or primates. 
 
 13. The archbishops are to consecrate and instal their suffragans. 
 In case of hindrance or refusal on their part they are represented by 
 the oldest bishop of the metropolitan arrowfesemewZ. 
 
 14. Their duty is to watch over and duly maintain the Catholic faith 
 and discipline within the dioceses under their jurisdiction. 
 
 15. They must hear all claims and complaints against the conduct 
 and decisions of the suffragan bishops. 
 
 Section 3d. Bishops, vicars-general, and seminaries. 
 
 16. No one can be appointed a bishop under thirty years of age, and 
 unless a Frenchman by birth. 
 
 17. Previous to the decree of nomination the person or persons pro- 
 posed are required to produce a certificate of morality tod good con- 
 duct from the bishop of the diocese in -which he or they have exercised 
 their clerical duties ; they are also examined regarding their doctrines 
 by a bishop and two priests appointed by the first consul, and who are 
 charged to forward the result of their examination to the councillor of 
 state charged with all matters relative to worship. 
 
 18. The priest so named by the first consul must use all diligence to 
 obtain the sanction of the Pope. He cannot exercise anj'^ office until 
 the " bull" containing his nomination has received the consent of the 
 
382 APPENDIX. 
 
 government, nor until he has in person taken the oath prescribed bj 
 the convention between the French government and the holy see. 
 
 The oath is taken before the first consul, and a proces verbal thereof 
 drawn up by the secretary of state. 
 
 19. The bishops name and appoint the curates. Nevertheless, they 
 cannot publish the nomination or ordain them until the nomination has 
 been approved by the first consul. 
 
 20. They are obhged to reside within their respective dioceses, 
 which they cannot leave without the permission of the first consul. 
 
 21. Each bishop can appoint two vicars-general, and every arch- 
 bishop can name three, chosen from among the clergy possessing the 
 necessary qualifications to become bishops. 
 
 22. They visit annually, in person, a part of their diocese ; and in the 
 space of every five years are required to visit the whole diocese. In 
 case of a legitimate cause or impediment the visit is made by a vicar- 
 general. 
 
 23. The bishops are charged with the organization of their respective 
 seminaries ; and the rules and regulations of this organization must be 
 submitted for the approbation of the first consul. 
 
 24. All persons chosen to instruct in tlje seminaries must subscribe 
 to the declaration made by the clergy of France in 1682, and published 
 by an edict of the same year ; they must engage to teach the doctrine 
 contained therein, and the bishops must forward a declaration of this 
 engagement, in due form, to the councillor of state charged wdth all 
 matters relative to worship. 
 
 25. Every year the bishops must send in a list to this councillor of 
 state, containing the names of the individuals studying in the semina- 
 ries, and who are destined for the ecclesiastical profession. 
 
 26. No ecclesiastic can be ordained unless he can produce proofs of 
 possessing property to the amount of at least three hundred firancs per 
 annum ; have attained the age of twenty-five years ; and unless he 
 possess the qualifications required by the canons adopted in France. 
 
 The bishops can hold no ordination until the list of individuals to be 
 ordained has been presented to the government and approved by it. 
 
 Section 4th. The curates. 
 
 27. The curates cannot enter on their fiinctions until they have taken 
 the oath prescribed by the convention between the government and the 
 holy see, before the prefect. A proces-verbal of this ceremony is to be 
 drawn up by the secretary general of the prefecture, a correct copy of 
 which will be delivered to them. 
 
 28. They will be put in possession of their office by the curate, or 
 the priest appointed by the bishop. 
 
 29. They are under the obligation to reside in their respective 
 parishes. 
 
 30. The curates are under the immediate control of the bishops, in 
 the exercise of their functions. 
 
 31. The vicars and officiating ministers exercise their functions under 
 the superintendence and direction of the curates. They are subjeofcto 
 the approval of the bishop and can be revoked by him. 
 
APPENDIX. 
 
 383 
 
 32. No foreigner can be employed in ecclesiastical functions without 
 permission of government. 
 
 33. All functions are forbidden to every priest, although being a 
 Frenchman, who belongs to no particular diocese. 
 
 34. No priest can quit his diocese to perform duties in another, with- 
 out the consent of his bishop. 
 
 Section 5th. Cathedral chapters and government of the dioceses dur- 
 ing the vacancy of the see. 
 
 35. The archbishops and bishops desirous of availing themselves of 
 the faculty of establishing chapters, must previously obtain the au- 
 thority of government, not only for the establishment itself, but the 
 number and choice of the clergy destined to form part of the same. 
 
 36. During the vacancy of the see, the government of the diocese 
 belongs to the metropolitan bishop, or to the senior of the suffragan bi- 
 shops in his place. 
 
 The vicars-general of these dioceses continue their functions, even 
 after the death of the bishop, until a successor is appointed. 
 
 37. The metropohtan. bishop, and the cathedral chapters, are bound 
 to give notice to the government, without delay, of the vacancy of the 
 see, and of the different measures which have been adopted for the 
 government of the vacant diocese. 
 
 38. The vicars-general who govern during the vacancy, as well as 
 the metropohtan bishops, or representatives, ai'e not allowed to intro- 
 duce an\- innovation in the usages and customs of the diocese. 
 
 Title III. — Worship. 
 
 39. There shall be but one liturgy and one catechism for all the 
 Catholic churches of France. 
 
 40. No curate can ordain extraordinary public prayers in his parish, 
 without the special leave of the bishop. 
 
 41. No holiday, except Sundays, can be fixed without the permission 
 of government. 
 
 42. In all rehgious ceremonies the clergy must make use of the dress 
 and ornaments belonging to their respective offices ; in no case, nor 
 under any pretext, can they assume the color and distinctive marks 
 reserved for the bishops. 
 
 43. All priests shall be dressed a la Franqaisc and in black. The 
 bishops can, in addition, assume the pastoral cross and wear purple 
 stockings. 
 
 44 No private chapels or oratories can be established without the 
 express permission of the government, and that granted at the request 
 of the archbishop. 
 
 4-5. No religious ceremony can take place outside the edifices conse- 
 crated to the Catholic worship, in towns where there exist temples 
 destined to different kinds of worship. 
 
 46. Tlje same temple can only serve for one land of worship. 
 
 47. A separate portion of the cathedrals and parish churches must 
 be set apart for the use of the Catholics fulfihng civil and mihtary 
 fiinctions. 
 
384 
 
 APPENDIX. 
 
 48. The bishop must arrange with the prefect to regulate the mode 
 of calling the faithful to divine service, by the ringing of the bells, which 
 cannot be rung for any other purpose without the permission of the 
 local police. 
 
 49. Whenever the government orders public prayers to be offered up, 
 the bishops must arrange with the prefect, and the military comhaand- 
 ant of the place, as to the day and hour and mode of putting these 
 ordonnances into execution. 
 
 50. The solemn preaching called se?-mons, and those known by the 
 name of stations during advent and lent, can only be done by priests 
 who have obtained the special authorization of the bishop. 
 
 51. The curates, during the mass in the parish churches must offer 
 up prayers themselves, as well as the congregation, for the prosperity 
 of the French republic, and for the consuls. 
 
 52. In their instructions, they must not allow any accusation, direct 
 or indirect, either against individuals, or against the other modes of wor- 
 ship sanctioned by the State. 
 
 o3. During'the service, they are forbidden to make any publication 
 fqreign to the exercise of worship, except those ordered by govern- 
 ment. 
 
 54. They must not solemnize the mg.rriage act to any parties who 
 have not proofs, in due form, of having contracted marriage before the 
 civil officer. 
 
 55. The registers kept by the ministers of worship, being destined 
 only to enregister the administration of the sacraments, they can in no 
 case be made use of to certify the marriage of Frenchmen, in place of 
 the registers ordered by the law for that purpose. 
 
 56. In all ecclesiastical and religious acts the equinoxial calendar, 
 established by the laws of the repubUc must be used; the days must 
 be called by the same names as in the almanac of the solstices. 
 
 67. The Sunday is fixed as a day of rest for the public officers. 
 
 Title IV. — Circumscription of the archbishoprics, bishoprics, und parishes, 
 edifices destined to worship, and salaries of the clergy. 
 
 Section 1st. Circumscription of the archbishoprics and bishoprics. 
 
 58. There shall exist in France ten archbishoprics or metropolitan 
 cathedrals, and fifty bishoprics. 
 
 59<^ Their circumscription shall be made according to the annexed 
 table.* 
 
 Section 2d. Of the circumscription of the parishes. 
 
 60. There shall exist at least one parish to each district of a justice 
 of the peace. Independently of which there shall be established as many 
 succursales (or chapels) as may be required. 
 
 61. Each bishop shall, in concert with the prefect, regulate the num- 
 ber and extent of these succurscdes. The plans, agreed upon must he 
 submitted to the government, and cannot be put into execution, without 
 its authority. 
 
 *The table is omitted. 
 
APPENDIX. 
 
 385 
 
 62. No portion of the French territory can be erected into a curacy 
 or succursale, without the express permission of the government. 
 
 63. The priests who perform the service in these chapels can be 
 named by the bishops. 
 
 Section 3d. Salaries of the clergy. 
 
 64. The salai-y of the archbishops shall be 15,000 francs. 
 
 65. The salary of the bishops shall be 10,000 francs. 
 
 66. The curates are divided into two classes- The salary of the 
 curates of the first class shall be 1,500 francs : that of the second class 
 1,000 francs. 
 
 67. The pensions to which they are entitled, in execution of the laws 
 of the constituent assembly, shall be deducted from their salaries. 
 
 The councils general of the larger communes may, if circumstances 
 require it, allow them an increase of salary, from the produce of the 
 landed property and the octroi duties. 
 
 68. The vicars and curates shall be chosen from amongst the clergy 
 receiving pensions, agi'eeably with the laws of the constituent assem- 
 bly. The amount of these pensions and the produce of the .offerings 
 shall constitute their salaries. 
 
 69. The bishops shall draw up the regulations relative to the offer- 
 ingss which the ministers of worship are authorized to receive for the 
 administering of the sacraments. These regulations, however, cannot 
 be put in execution untU they have received the sanction of the govern- 
 ment. 
 
 70. Every ecclesiastic pensioned by the State, shall be deprived of 
 such pension, if he refuse, without lawful cause, the functions confided 
 to him. 
 
 71. The councils general of the departments are authorised to ■ pro- 
 cure a suitable residence for the archbishops and bishops. 
 
 72. The presbyteries and gardens attached to them — not disposed 
 of — shall be restored to the curates and ministers of worship. Where 
 they no longer exist, the councils general of the communes are author- 
 ized to procure them a suitable residence with a garden. 
 
 73. The endowments made for the support of the ministers and the 
 exercise of worship can only consist of rentes on the State ; they can, 
 moreover, only be accepted by the bishops of the diocese, and made 
 with the authorization of the government. 
 
 74. No landed property, other than the residences of the clergy and 
 gardens adjoining, can be held by the clergy, or possessed by them on 
 account of their functions. 
 
 Section 4th. Edifices destined to worship. 
 
 75. The edifices formerly destined to the Catholic worship, at pres 
 ent belonging to the nation, in the proportion of one edifice for each 
 curacy and succursale, shall, by a decree of the prefect of the depart- 
 ment, be placed at the disposal of the bishops. A copy of these decrees 
 shall be forwarded to the chancellor of state charged with the superin- 
 tendence of all matters relating to worship. 
 
 76. Commissions on fabrics shall be appointed to superintend the out- 
 lay of church liinds, in the repairs and preservation of the temples, and 
 the distribution of alms. 
 
 25 
 
386 APPENDIX. 
 
 77. In the parishes where there exists no edifice for public worship, 
 the bishops shall arrange with the prefect, to fix on a suitable locality. 
 
 [A table of the circumscription of the new archbishoprics and bish- 
 oprics of France here follows — ^but which it is unnecessary to give.] 
 
 Organic Articles Relating to Protestant Worship. 
 
 Title I. — General JRegid(ttionsfor all the Protestant Communions, 
 
 Article 1. No one can exercise clerical functions unless he be a 
 Frenchman. 
 
 2. Neither the Protestant churches nor ministers can keep up rela- 
 tions with any foreign power or authorities. 
 
 3. The pastors and ministers of the various Protestant communions 
 shall pray, and haVe prayers offered up in reading their service, for the 
 prosperity of the French republic, and for the consuls. 
 
 4. No doctrinal decision or dogma, nor any form of prayer under 
 the title o? confession, or under any other denomination, can be published 
 or form part of the system of education, until the government has au- 
 thorized its publication and promulgation. 
 
 5. No change in discipline can take place without the same author- 
 ity. 
 
 6. The council of State shall be informed of all the enterprises of the 
 ministers of worship, as well as of all discussions which may arise be- 
 tween them. 
 
 7. Measures shall be taken in regard to the salaries of the pastors of 
 the consistorial churches, it being well understood that they shall be 
 derived from the property or revenues belonging to the churches, and 
 the produce of the offerings established by custom or according to the 
 regulations. 
 
 8. The rules and regulations contained in the organic articles on 
 Catholic worship, on the liberty of making endowments, and of the 
 species of property which may be the object of them, shall be equally 
 applicable in regai'd to the Protestant churches. 
 
 9. There shall be two academies or seminaries in the east of France, 
 for the instruction of the ministers of the Augsburg coufession. 
 
 10. There shall be a seminary at Geneva for the instruction of the 
 ministers of the reformed churches. 
 
 11. The professors of all the academics and seminaries shall be 
 named by the first consul. 
 
 12. No individual can be appointed minister or pastor of a church 
 of the confession of Augsburg unless he has studied, during a certain 
 time, in one of the French seminaries destined for the education of the 
 ministers of this confession ; and unless he is bearer of a certificate, in 
 due form, stating the time he has studied, his capacity, and good .con- 
 duct. 
 
 13. No individual can be appointed minister or pastor of a reformeii 
 church unless he has studied at the seminary at Geneva, and is . bearer 
 of a certificate similar to that required in the preceding aiticle. 
 
 14. The regulations regarding the administration and internal policy 
 
APPENDIX. 
 
 387 
 
 of the seminaries, on the number and quality of the professors, the 
 mode of teaching, and the objects of instruction, as well as for the form 
 of the certificates, or attestations of study, good conduct and capacity, 
 must be approved of by the government. 
 
 Title II. — Reformed churches. 
 Section 1st. General organization of these churches. 
 
 15. The reformed churches of Prance shall be officiated by pastors, 
 consistories and synods. 
 
 16. There shall be one consistorial church for every six thousaiid 
 members of the same communion. 
 
 17. Five consistorial churches shall comprise the arrondissement of 
 a synod. 
 
 Section 2d. Of the pastors and local consistories. 
 
 18. The consistory of each church shall be composed of the pastor 
 or pastors officiating in the said church, and the elders and notable lay- 
 men chosen from among the citizens paying the highest share of taxes ; 
 their number cannot be under ten, nor exceed twelve members. 
 
 19. The number of ministers or pastors in any one consistorial 
 church cannot be augmented without the authority of government. 
 
 20. The consistories shall- superintend the maintenance of discipline, 
 the administration of the property of the church, and the sums received 
 from charity. 
 
 21. The meetings of the consistories shall be presided over by the 
 pEistor, or by the eldest of the pastors, or dean. The functions of sec- 
 retary shall be performed by one of the elders or notabilities. 
 
 22. The ordinary meetings of the consistories shall continue to be 
 held on the days fixed by usage. The extraordinary meetings cannot 
 take place witiiout the permission of the sub-prefect, or, in his absence, 
 of the mayor of the locality. 
 
 23. Every two years half the number of elders of the consistory 
 shaU be renewed ; at this epoch, the elders in office shall associate 
 with them an equal number of Protestant citizens, heads of families, 
 chosen fi-om among the highest rate payers of the commune, in which 
 the consistorial church is situated, in order "to elect their successors. 
 The elders quitting office can be re-elected. 
 
 24. In the churches where there is no consistory, one shall be formed. 
 All the members shall be chosen by a commission composed of twenty- 
 five heads of famiUes, paying the highest taxes ; but this meeting can 
 only take place with the permission, and in the presence of the prefect 
 or sub-prefect. 
 
 25. The pastors cannot be dismissed, unless the motives of the dis- 
 missal have been presented to, and approved or rejected, by the gov- 
 ernment. 
 
 26. In case of deaths or voluntary resignation, or the confirmed dis- 
 missal of a pastor, the consistory, as prescribed by article 18, shall 
 proceed, by a majority of votes, to the choice of a successor. 
 
 The name of the person appointed shall be presented to the first 
 
388 APPENDIX. 
 
 consul for his approbation, by the councillor of State charged with the 
 direction of ecclesiastical affairs. But, notwithstanding the approval 
 of the first consul, he cannot enter on his duties until he has taken the 
 oath required of the members of the Catholic faith, in the presence of 
 the prefect. 
 
 27. All the pastors at present in office are confirmed provisionally in 
 their functions. 
 
 28. No church can extend from one department to another. 
 
 Section 3d. Synods. 
 
 29. Each synod shall consist of the pastor or one of the pastors, and 
 of one of the elders or notables of each church. 
 
 30. The duty of the synods is to superintend all that relates to the 
 celebration of worship, the teaching of the doctrine, and the conducting 
 of ecclesiastical matters. All decisions emanating from them, of what- 
 ever nature they may be, must, however, be submitted for the appro- 
 bation of the government. 
 
 31. The synods cannot assemble until they have obtained the per- 
 mission of government. All matters concerning religion which are to 
 be discussed by them must previously be submitted to the councillor 
 of state at the head of rehgious affairs. The assembly shall be held 
 in the presence of the prefect or sub-prefect, and a report of the delib- 
 erations forwarded to the above-named councillor, who,, in the shortest 
 delay possible, must give in his report thereon to the government. 
 
 32. The meeting of a synod cannot last longer than six days. 
 
 Title III. — Organization of the churches of the Augsburg confession. 
 
 Section 1st. General regulations. 
 
 33. The churches of the Augsburg confession shall consist of pastors, 
 local consistories, inspectors, and consistories general. 
 
 Section 2d. Ministers or pastors and local consistories of each church. 
 
 34. With regard to the pastors, the circumscription and regime of 
 the consistorial churches, the same regulations must be followed as 
 those laid down in section II of the preceding title or chapter with re- 
 gard to the pastors and reformed churches. 
 
 Section 3d. Inspections. 
 
 35. The churches of the Augsburg confession shall be subject to 
 inspections. 
 
 36. The arrondissement of an inspection shall comprise five consis- 
 torial churches. 
 
 37. Each inspection shall consist of the minister and of an elder or 
 notable of each church of the arrondissement. It cannot assemble 
 without the permission of government ; the first convocation must be 
 made at the request of the ministers attached to the churches of the 
 arrondissement. Each inspection shall include two laymen and a cler- 
 gyman, who will take the title of inspector, and whose duty it will be- 
 to watch over the ministers and the maintenance of good order in the 
 
APPENDIX. 389 
 
 private churches. The choice of the inspector and of the two laymen 
 must be confirmed by the first consul. 
 
 38. The inspection cannot assemble without the authority of govern- 
 ment, and then in the presence of the prefect or sub-prefect, having 
 previously given notice to the councillor of state charged with rehgious 
 matters of the different questions to be discussed. 
 
 39. The inspector can visit the churches of his arrondissement, 
 accompanied by the two laymen appointed with him, whenever cir- 
 cumstances may require it ; he also is charged with the convocation of 
 the general assembly of inspection. No decision emanating from the 
 assembly general of inspection can be put in force vnthout having pre- 
 viously obtained the approbation of the government. 
 
 Section 4. Consistories general. 
 
 40. There shall be three consistories general : one at Strasburg, for 
 the Protestants of "the Augsburg confession, in the departments of the 
 upper aiid lower Rhine ; another at Mayence, for those of the depart- 
 ments of the Sarre and of Mont Tonnerre ; and the third at Cologne, 
 for those of the departments of the Rhine and MoseUe, and of the 
 department of the Roer. 
 
 41. Each consistory shall consist of a Protestant layman as presi- 
 dent, of two clergymen as inspectors,"and a deputy for each inspection. 
 
 The president and the two ecclesiastics to be appointed by the first 
 consul. 
 
 The president shall be required to take the oath made by the minis- 
 ters of the first consul, or of a public functionary delegated by him to 
 that effect. 
 
 The two ecclesiastical inspectors and the lay members are required 
 to take the same oath in the presence of the president. 
 
 42. The consistory general can only assemble with the authorization 
 of the government, and that under the presidence of the prdfect or sub- 
 prefect, previous notice having been given to the councillors at the 
 head of the affairs relative to worship of the matters to be discussed. 
 The meeting caimot be prolonged beyond six days. 
 
 43. In the interim between one meeting and another, a directory, 
 consisting of the president and the elder of the two ecclesiastical 
 inspectors, of three laymen, one of whom to be appointed by the first 
 consul, shall be established ; the two other laymen to be chosen by the 
 consistory general. 
 
 44. The attributions of the consistory general and of the directory 
 shall continue to be conducted according to the regulations and cus- 
 toms of the churches of the Augsburg confession in every point not 
 formally opposed by the laws of the republic and the present articles. 
 
INDEX. 
 
 IPage. 
 
 The public powers in 1847, 1848, and 1852 149 
 
 Constitution of 1848 '. 150 
 
 Constitution of January 14, 1852 150 
 
 Senatus Consulte of December 25, 1852 152 
 
 Centralization 153 
 
 Ministers , 153 
 
 Duties of tlie difierent ministers .?^ 154 
 
 Local functionaries 154 
 
 Special agents of government 154 
 
 Acts of the government , . 154 
 
 Ministers 155 
 
 Prefects 156 
 
 Sub-prefects 156 
 
 Mayors 157 
 
 Deputy mayors 158 
 
 Councils 158 
 
 Cimtentieux (disputed claims) 158 
 
 Council op State. 
 
 Condition on the outbreak of the revolution of 1848 • 160 
 
 Composition ' 160 
 
 Denomination 160 
 
 Government bills 161 
 
 Decisions respecting disputes concerning the different attributions of the government 
 
 departments, &c 161 
 
 Inipeachment of agents of government 162 
 
 Changes introduced by the revolution of 1848 with respect to the appointment of the 
 
 councils of State 163 
 
 Modifications introduced by the constitution of 1852 with respect to the appointment of 
 
 councillors of State 163 
 
 Attributions in 1848 , 163 
 
 Composition in 1848 • 163 
 
 Present organization 164 
 
 Sections 164 
 
 Article 13 of decree of the 30th January 165 
 
 Tribunal on conflits 166 
 
 Salaries 166 
 
 Department of the Interior. 
 
 Departmental administration , 167 
 
 Duties of the prefect 168 
 
 Decree of March 25, 1852, called decree of decentralization 168 
 
392 INDEX. 
 
 Page. 
 
 Councils of prefectures 169 
 
 Councils general previous to 1848 170 
 
 Present organization 171 
 
 Duties 171 
 
 Obligatory expenses of the department 172 
 
 Department of the Seine 173 
 
 Prefecture of police 173 
 
 Municipal organization 174 
 
 Changes introduced in 1848 ; 175 
 
 Present organization 176 
 
 Attributions, or duties of the mayors ^ 176 
 
 Attributions of the municipal council 177 
 
 The communsvl budget 178 
 
 Obligatory ezpenises 178 
 
 Facultative expenses 179 
 
 Resources of the cqjp'munes 179 
 
 Ordinary receipts 179 
 
 Extraordinary receipts 180 
 
 Communal establishments 180 
 
 Assessors of taxes 181 
 
 Police, division of 181 
 
 Powers of the police 182 
 
 Interdictions relative to residence in Paris and Lyons 182 
 
 On the press, condition before 1848 • • 182 
 
 Changes brought about by the revolution of 1848 183 
 
 Present condition 183 
 
 Comparative table of salaries of prefects 185 
 
 Department of Finance. 
 
 Organization. 186 
 
 Financial system 187 
 
 Direct taxes .•• 187 
 
 Indirect taxes 189 
 
 Accounts , 192 
 
 The cour des comptes (court of accounts) 193 
 
 Changes introduced in the department of finance 194 
 
 Department of Justice. 
 
 Justice 195 
 
 On the judicial organization 195 
 
 Tribunals of the peace 195 
 
 Tribunals of commerce ^ . 195 
 
 Tribunals of 1st instance and courts of appeal 195 
 
 Industrial and commercial justice 196 
 
 Repressive justice 196 
 
 The court of cassation 196 
 
 Modifications 197 
 
 Decree. concerning the age of the judges 197 
 
 On the jury 197 
 
 Law of May, 1853 199 
 
INDEX. 
 
 393 
 
 Page. 
 
 Tribunals of commerce 200 
 
 Tribunals of commerce, law of August 38, 1848 SOO 
 
 Decree of March 2, 1852 200 
 
 Prud'hommes 201 
 
 System introduced by the law of June 1, 1853 202 
 
 Penal colonies 203 
 
 The Department op Public Instroction and Worship. 
 
 The university 203 
 
 Organization 204 
 
 Law of March 15, 1850, (Jot fallmx) 205 
 
 Public worship 206 
 
 Modifications in respect to Protestant worship 206 
 
 The Department of Public Works, of Agriculthre, and op Commerce. 
 
 Department of public works, of agriculture, and of contmerce.. 207 
 
 Direction of agriculture and of commerce 207 
 
 Consulting assemblies of agriculture - 308 
 
 Condition previous to 1848 • ^^^ 
 
 Law of March 20, 1837 210 
 
 Changes introduced by the decree of March 25, 1852 210 
 
 Councils general of arts and manufactures, of commerce 210 
 
 Department of Foreign Affairs. 
 
 Foreign affairs 211 
 
 Comparative tables of salaries of ministers,&c.,at different residences in 1848 and 1852 212 
 
 Consuls 212 
 
 Department of War. 
 
 War Department ^^3 
 
 Milifairy orgamzation 
 
 914 
 Conscription 
 
 Causes of exemption &om military service • •^1* 
 
 Enlistments ^^^ 
 
 Substitutes ^^^ 
 
 Rank and promotions ■^^° 
 
 Deprivation of rank 
 
 Pay 216 
 
 217 
 Internal administration 
 
 Intendants mUitaires (commissaries of stores) 217 
 
 217 
 Committees 
 
 Board of health for the army ^^^ 
 
 ,, „ 219 
 
 Algeria " ■ • 
 
 Department of the Marine. 
 
 01 q 
 The marine 
 
 219 
 Inscription maritime 
 
 ,^ ^ • 220 
 
 Officers ' 
 
394 INDEX. 
 
 Administration 220 
 
 Commissariat 220 
 
 Naval schools 321 
 
 Schools of cabin boys (Mousses) 221 
 
 Schools of marine artillery 221 
 
 Colonies i 322 
 
 Colonial governor 332 
 
 Privy council 333 
 
 Colonial comicils 233 
 
 Council of the admiralty 334 
 
 Naval invalids 334 
 
 Pay office for prizes 224 
 
 Seamen's fund 225 
 
 Invalid fund 235 
 
 Other revenues , 335 
 
 Administration 235 
 
 Changes in the system of promotion... 325 
 
 Department op State. 
 
 Household of the emperor 226 
 
 Conclusion. 
 
 The national guard 226 
 
 Mayors 227 
 
 Decentralization 227 
 
 Ministries 237 
 
 Council of State 327 
 
 Credit Fonder 228 
 
 Credit Mobilier 229 
 
 Discount banks • 228 
 
 Secours Mutuels (Friendly Societies) 228 
 
 Savings banks ; 229 
 
 Prud'hommes 229 
 
 Worship and public instruction , . 229 
 
 Jary 230 
 
 Penal colonies 230 
 
 The press 230 
 
 Changes in the system of pensions of civil functionaries 230 
 
 APPENDIX. 
 
 (a). — ^Law on Municipal Administration. — Union, Division, and Formation of 
 
 Communes. 
 
 Functions of mayors and municipal councillors.. 236 
 
 Functions of municipal councils 237 
 
 Expenses, receipts, and budgets of the communes 239 
 
 Purchases, alienations, leases, donations, and legacies 243 
 
 Judiciary actions and compromises 244 
 
 Communal accounts 245 
 
 Interests which concern several communes. 247 
 
 Special provision 348 
 
INDEX. 395 
 
 (6.) — Public and MiijisTERiAL Officers. 
 
 Page. 
 
 Justices of the peace of the empire 248 
 
 Notaries _ _ g^g 
 
 Attorneys at law, {avoUis) 250 
 
 Appraising auctioneers, {commUsaires priseiirs) 251 
 
 Sherifis, (Mtfesiers) 25j 
 
 Stock brokers and merchandise brokers in departments 252 
 
 (c.) — Department of the Interior. 
 
 Cabinet of the minister 253 
 
 Secretaryship general and direction of the persojuieJ . .' 253 
 
 Division of the Secretaryship. 
 
 Bureau of elections and of mayors 253 
 
 Bureau of archives and interior expenses , 254 
 
 Bureau of assistance 254 
 
 Bureau of national guards 254 
 
 Direction General of the Interior. 
 
 First Divisimt. — Departmental and communal administration. 
 
 1st Bureau. — Administrative and departmental expenses 355 
 
 2d Bureau. — Administrative and communal accounts 255 
 
 3d Bxireau. — Matters in dispute in the communes 256 
 
 Ath Bureau — Roads, highways, (uoifie,) streams, and municipal police 256 
 
 Second Division. — Hospital administration. 
 
 1st Bureau. — General charitable establishments for the insane and for foundlings .... 257 
 
 2(2 Bureau. — Communal hospitals, charitable bureau, and inonts de piete 257 
 
 Third Division. — Penitentiary establishments. 
 
 1st Bureau. — General administration of prisons 258 
 
 3(Z jBureau.T— Financial administration of the prisons 258 
 
 Service des regies of the central prisons deforce et de correction 258 
 
 Fourth Division. — Civil edifices and theatres. 
 
 1st Bureau. — Civil edifices, studies, and projects 259 
 
 2d Bureau. — Estimates and accounts 259 
 
 3d Bureau. — Theatres not receiving grants from government 260 
 
 Mministralion of telegraphic lines 260 
 
 (c 1.) — General Police 
 
 First Division. 
 
 Bureau of political police 263 
 
 1st Bureau. — Police of general security 264 
 
 2d Bureau. — Police of special security 264 
 
 3d Bureau. — Administrative police 264 
 
 Direction of printing and bookselling, and of the press 264 
 
396 INDEX. 
 
 (d.) — Department of Finance. 
 
 Central administration of the department 266 
 
 Division of personal and general inspection ■ ■ • ■ 266 
 
 Bureau of inspection general of finances 267 
 
 Secretaryship general 267 
 
 Bureau of ordonnancement and of accounts 267 
 
 Bureau of tnateriel and of the interior service 268 
 
 Regies and financial administration 268 
 
 Division of financial matters in dispute 269 
 
 Direction op the mouvement general of the funds. 
 
 Central bureau 270 
 
 Bureau of paying orders 271 
 
 Bureau of instructions 271 
 
 Bureau of correspondence relative to accounts current 271 
 
 Bureau of account books general 271 
 
 Bureau of auxiliary account books 271 
 
 Direction of the Inscribed National Debt. 
 
 Central bureau 272 
 
 Bureau of the Grand Livre, (great book) 272 
 
 Bureau of pensions .' 273 
 
 Bureau of cautioimements 273 
 
 Direction of the General Financial Accounts. 
 
 Central bureau 274 
 
 Bureau of the collection of direct taxes, &c 274 
 
 Bureau of the accounts of receivers of finances 275 
 
 Bureau of the accounts of colonial treasurers and payers 275 
 
 Bureau of the accounts of the regies and financial administration 375 
 
 Service of the central paying cashier of the treasury ., . • 275 
 
 Central expenses 276 
 
 Central bureau and accounts 276 
 
 Division op the Comptrol General. 
 
 Administration of direct taxes 277 
 
 Bureau central and du persoimel 277 
 
 Bureau d/u departement et du cadastre 273 
 
 Bureau of assessment and matters in dispute 278 
 
 (d 1.) — Direction General op the Post Office. 
 
 First Division. 
 
 1st Bureau. — Interior correspondence 279 
 
 2i2 Bureau. — Foreign correspondence 380 
 
 3d Bureau. — ^Inspections and reclamations 280 
 
 ith Bureau. — Franking, contraventions, and rural service 280 
 
 5th Bureau. — Verification of products 280 
 
 6th Bureau. — Dead letters 380 
 
INDEX. 397 
 
 Second Division. 
 
 Page. 
 
 Isf Biireau. — Relays 280 
 
 Sd Bureau. — Transport of dispatches S80 
 
 3d Bureau. — ^Preparation of the budget ; ordonnancement and verification of expenses 281 
 
 ith Bureau.^JlatSriel 281 
 
 5th Bureau. — Supervision and general accounts, &c 281 
 
 Bureau of departures and arrivals 281 
 
 Bureau of distribution of letters in Paris 281 
 
 Section for franking journals, printed works, &c 282 
 
 Cash bureau 282 
 
 Post horses 282 
 
 Service of the treasury, and posts in Algiers 282 
 
 (d 2.) — Administration of Forests. 
 
 Bureau central, and of the personnel 282 
 
 First Division. 
 
 1st Bureau. — CSvil affairs, questions of property, &c 283 
 
 2d Bureau. — ^Correctional instances, appeals. Sec 283 
 
 3d Bureau. — ^Employ of funds destined for works of ameliorations, &c 284 
 
 ' Second Division. 
 
 1st Bureati. — ^menagements, &c., relative to cutting wood in the forests, &c 284 
 
 2d JBureau. — ^Portfolio of instructions relative to the sale of wood, &c 284 
 
 Temporary bureau of alienations 985 
 
 Imperial forest school 285 
 
 (d 3.) Administration of the Mint, &c. 
 
 Committee on coins and medals 286 
 
 Monetary museum 286 
 
 Mints 287 
 
 Bureaux of guarantee - 28/ 
 
 Exterior service of direct taxes -• 288 
 
 Receiver general and particular of finances 288 
 
 Payeurs exteriewrs of the imperial treasury 288 
 
 (d 4.) — Direction General of Registration and of Domains. 
 
 Bureau oi personnel ■^°° 
 
 Bureau of matters in,dispute 289 
 
 1st Division. — Supervision, &e. , of the employes, &c 289 
 
 2d Division. — Fees of registration, &c 290 
 
 3d Z)iinsibm.— Domains of the State, their regie, &c 290 
 
 Directors, inspectors, and verificators of the registration and of domains in the de- 
 partments ^^^ 
 
 Superior employes, &o. , for the service of Algiers 290 
 
 Conservation of mortgages 
 
 (d 5.) — Direction General of Indirect Taxes. 
 
 Division of the personnel and central Imreau. 
 
 ls( Bureau. — Personnel of custom house and central bureau 291 
 
398 INDEX. 
 
 Page. 
 
 2d Bureau. — Ptrsonnel connected with indirect taxes, debits de tabac 291 
 
 3d Bureau. — Personnel connected witli indirect taxes, (codre secondaire) 291 
 
 First BtDtsioji. — Tariffs, colonies d'entrepots, commercial archives. 
 
 1st Bureau. — Custom-house, tariffs, &c 291 
 
 2d Bureau. — Regime of French colonies and establishments 292^ 
 
 3d Bureau. — Statistics of commerce and merchant marine 292 
 
 Second Division. — Service general — cv^tom-house — indirect contributions. 
 
 1st Bureau. — Preparation of budget of director general 292 
 
 2d Bureau. — Sea ports and coasts • 292 
 
 ith Bureau. — Liquidation and ordonnancement of expenses, &c 295 
 
 Third Division. — Ciistom-house matters in dispute — premiums — salt and fsheries. 
 
 1st Bv,reau. — Actions growing out of seizures, &c 293 
 
 2d Bureau. — Premiums for exportation — ^reimbursement of duties, &c 293^ 
 
 3d Bureau. — Production and proceedings relative to salt, &c 293 
 
 Fourth Division.'-rGeneral service. 
 
 1st Bureau. — ^Preparation of laws and regulations 294 
 
 2d Bureau. — Hirection of service of indirect taxes, &c 294 
 
 3d Bureau. — The same with regard to departments. .» 294 
 
 ith Bureau. — ^Examination of minutes of seizures, &c 294 
 
 Fifth Division. — Octrois — guarantee — interior navigation. 
 
 1st Bv/reau. — Regime and service of navigation. 295 
 
 2d Bureau. — Discussion of tariffs and regulation of octrois 395 
 
 3d Bureau. — Service of regulations, and caution money, &c 295 
 
 Sixth Division. — Tobacco arid gunpowder. 
 
 ith Bureau. — Relative to the culture and management of tobacco, &c 29& 
 
 Judiciary council^ ' 29S 
 
 Court of Accocsits, (Cour des comptes.) 296 
 
 {g.) — Department op Pdblic iNSTRijcTios and op Worship. . 
 
 Public instruction 299 
 
 General administration 299 
 
 Academic administration „..» 299 
 
 Administration of superior instruction 299 
 
 Administration of secondary instruction 299 
 
 Administration of private instruction , 299 
 
 Administration of scientiiio and literary establishments 300 
 
 Worship i 3Q0 
 
 Secretaryship and cabinet 300 
 
 First Division. — Jldministration of public instruction. 
 
 1st Bureau. — General administration. 301 
 
 2d Bureau. — ^Superior instruction 302 
 
 3d Bureau. — Administration and personnel of superior normal schools, &c '. . 302 
 
INDEX. 399 
 
 Page. 
 
 ith Bureau. — Economical administration of lyceums, &c 302 
 
 Second DivUion.— Primary insiruction. 
 
 1st Bureau. — Bpys' primary schools, &c 303 
 
 2d Bureau. — Materiel and disputed affairs, &c 303 
 
 3d Bureau. — Girls' schools and asylums , 303 
 
 Administration of Worship. 
 
 Direction general of the administration of worship 304 
 
 First Division. — Catholic worship. 
 
 1st Bureau. — Personnel of the clergy, &c 304 
 
 2d JSuresu. — ^Parochial service — matters in dispute 305 
 
 Section of worship not Catholic 306 
 
 Division op CSentral Accounts op Public Instruction and Worship. 
 
 1st Bureau. — Ordering of expenses, verification, &c 30S 
 
 2d Bureau. — Central accounts of worship 307 
 
 3d Bureau. — Pension accounts 307 
 
 Interior service 3()7 
 
 Agents Attached to the Department op Public Instruction. 
 
 Imperial council of public instruction - 307 
 
 Committee of the language and history of the arts of France 308 
 
 French school of Athens •••• 309 
 
 Committee of arts and religious edifices 309 
 
 (/.) — Department of Justice. 
 
 Private cabinet of the minister 310 
 
 Secretaryship general .' 310 
 
 Division of the personnel. 
 
 Bureau of registration and legalizations « 311 
 
 Bureau of archives 311 
 
 IKrection of civil affairs and of the seal 311 
 
 Direction of criminal affairs and of pardons ••• 313 
 
 Direction of accounts and of pensions 313 
 
 Council of administration , 313 
 
 The imperial printing establishment. 314 
 
 (j.) — Department op Foreign Affairs. 
 
 Cabinet of the minister and secretaryship 315 
 
 Bureau of protocols 315 
 
 Bureau of departure and arrival of correspondence 315 
 
 Direction ofpolitical affairs and mjUtersin dispute 315 
 
 Sub-direction of the north 31^ 
 
 Sub-direction of the south and of America • 316 
 
400 INDEX. 
 
 Page. 
 
 Sub-direction of the Levant 316 
 
 Sub-direction of matters in dispute 316 
 
 Direction of consulates and commercial affairs 316 
 
 Direction of archives and of the chancellerie 316 
 
 Direction offwnds and accounts 317 
 
 (k.) — Department of War. 
 
 Cabinet of the minister 318 
 
 Personnel 318 
 
 Staffs, military schools, &c 319 
 
 Recruitment 319 
 
 Military courts 319 
 
 Gendarmerie 319 
 
 Infentry 320 
 
 Cavalry equipment; &c 330 
 
 3(2 Direction. — ArtiQery service 320 
 
 Personnel 320 
 
 Materiel and accounts 321 
 
 3d Direction Engineer service 321 
 
 Personnel 321 
 
 Materiel and accounts 321 
 
 4th Direction. — Administration 321 
 
 Intendance militaire, administration 321 
 
 Personnel, &c 322 
 
 MiUtary .pensions, fire, materials, &c , 322 
 
 Personnel and social condition of council of health, &c 322 
 
 Clothing, military beds, &c., encampments, pay, and accounts, 322 
 
 5th Direction. — General and municipal administration. , 323 
 
 Arabian affairs 323 
 
 ' Colonization, agriculture, domains. 323 
 
 Public works, mines, forests, &c 324 
 
 Commerce and custom-bouse statistics 324 
 
 6th Direction. — ^War depot 325 
 
 1th Direction. — General accounts 325 
 
 Control of expenses, &c. 325 
 
 Responsible agency 326 
 
 Comptes Matieres .* 326 
 
 Pensions, assistance, &c 326 
 
 Internal service 326 
 
 Laws, archives, decorations 327 
 
 Committees and Councils. 
 
 Consultative committee of the staff , , , . 327 
 
 Do of the infantry 327 
 
 Do of the cavalry 327 
 
 Do ..of the gendarmery '. 327 
 
 Do of the artillery 328 
 
 Do of fortifications 328 
 
 Do of Algiers 328 
 
 Council of health of the armies. g28 
 
 Veterinary committee , , . 328 
 
 Mixed committee on public works ., ,, ,,. 328 
 
INDEX. 401 
 
 (k 1.) — CoDKCJL OF State. — Sbotion of War and the Marine. 
 
 Page. 
 
 Central depot of artillery 328 
 
 Powder and saltpetre service 329 
 
 Powder mills and refineries , .. 329 
 
 Powdermills , 329 
 
 Refineries , 329 
 
 Percussion cap nianufectories , , 329 
 
 (fc 2.) — Imperial Hotel des Invahdes. 
 
 Government 329 
 
 («.) — Department of Public Works. 
 
 Private cabinet of the minister; 330 
 
 Central administration 330 
 
 Is* Division. — Secretaryship general 330 
 
 Registration and distribution of dispatches , 330 
 
 Personnel of the central administration < 331 
 
 Personnel of the corps of mines 331 
 
 Central statistics 331 
 
 2d Division. — Roads and bridges — police ofroulage 331 
 
 Imperial roads 331 
 
 Departmental roads 332 
 
 3d Division. — Navigation and ports 333 
 
 ithDiviHon. — Railroads 332 
 
 5th Division. — Mines , 333 
 
 Gth Dititsion.^Accounts, &c 333 
 
 Depots of charts and plans — archives 334 
 
 Judiciary councils 334 
 
 Committee on light-houses 334 
 
 Imperial corps of bridges and roads 334 
 
 Council general 334 
 
 Divisionary inspectors 334 
 
 Ordinary service 334 
 
 Special service 334 
 
 Imperial school of bridges and roads 335 
 
 Mines 335 
 
 Imperial school of mines 335 
 
 Bibliographical collections 335 
 
 Bureau of assay of mineral substances 336 
 
 Service of health 336 
 
 School of miners at Alais (Card) 336 
 
 Port officers and inspection of ports 336 
 
 (i 1.) — Direction General op Agriculture and Commerce. 
 
 Bureau of general statistics of France 336 
 
 Division of agriculture 336 
 
 Division of Haras 337 
 
 Division of internal commerce 337 
 
 Inspectors of arrondissements 337 
 
 26 
 
402 INDEX. 
 
 OiYisioN OP Exterior Commerce. 
 
 Page. 
 
 Bureau of legislation of tariffs and customs 338 
 
 Bureau of commercial legislation and foreign tariffs 339 
 
 Bureau ofthe "mouvement" of commerce and navigation 339 
 
 Direction of the Accounts. 
 
 Central treasury 340 
 
 Matters in dispute 340 
 
 Council ofthe general direction of agriculture and commerce 341 
 
 Professional instruction on agriculture 341 
 
 Imperial sheep-folds and cow-folds 341 
 
 Farm schools 341 
 
 Imperial veterinary schools 341 
 
 Administration of the Haras , 341 
 
 Commerce and Mandfactdres. 
 
 Superior council of commerce, &c 342 
 
 Consultative committee on arts and manufactures 342 
 
 Permanent committee of customs 342 
 
 (t 2.) — Imperial Consertatory of Arts and Trades. 
 
 Imperial school of arts and trades 344 
 
 Appraising commissioners 344 
 
 Sworn jury 344 
 
 Consultative committee on the public health 345 
 
 Inspection of mineral springs 345 
 
 (I.) — Ministry of State and op the Household op the Emperor. 
 
 Cabinet of the minister 345 
 
 Ministry of the household of the Emperor 345 
 
 Secretaryship general 346 
 
 Division of Buildings and " Dotation Mobiliere. " 
 
 Bureau of dotation mobiliere .' 346 
 
 Inspection and comptrok 347 
 
 Division of General Accounts. 
 
 Bureau of payment 347 
 
 Bureau of accounts and expenses 347 
 
 General administration of domains and forests 347 
 
 Division of domains and matters in dispute 348 
 
 Administration op the Establishments of the Crown. 
 
 Direction general of the museums at the Louvre 348 
 
 Service of the treasury of the crown 349 
 
 Service of forests and domains , , 349 
 
 The committee of matters in dispute , 349 
 
INDEX. 403 
 
 ( 1 1.) — Ministry op State. 
 
 Page. 
 
 Secretaryship general 350 
 
 Bureau of fine eirts 350 
 
 Bureau of liistorical monuments 351 
 
 Inspection of fine arts and historic monuments 351 
 
 Theatres , 351 
 
 Service of buildings 351 
 
 Accounts , 351 
 
 Imperial archives 352 
 
 Historical section 352 
 
 Administrative section 352 
 
 Legislative and judicial section .- 353 
 
 Secretaryship 353 
 
 (m.) — Administratiok of the Department op the Seine. 
 
 Frefectui-e • 354 
 
 Cabinet of the prefect 354 
 
 Bureau of fine arts, of materiel, and of fetes 354 
 
 Council of prefecture 354 
 
 Archives and secretaryship 354 
 
 Bureau of the prefecture 354 
 
 Secretaryship general 354 
 
 Chamber of commerce of Paris 355 
 
 Supervision of ports and navigation 355 
 
 Judiciary agency and matters in dispute 355 
 
 'Counsel ....■ *.. 356 
 
 1st Division. — Inspection of the service of the verification of deaths 356 
 
 Direction of the Caisse de Poissy 357 
 
 Public vireights, municipal dues, and slaughter houses 357 
 
 Public assistance 358 
 
 Epidemic physicians •" 358 
 
 Administration of " Tontines" 358 
 
 Domain of the State 358 
 
 Public instruction 358 
 
 Normal singing school 359 
 
 Lady delegates 359 
 
 2d Division. — Bridges, roads, and Voirie Vicinale 359 
 
 Navigation up the Seine 359 
 
 Paris bridges, and navigation below Paris 360 
 
 Navigation of the Marne and canals of St. Maur and St. Maurice 360 
 
 Railroads 360 
 
 Parish and communal roads 360 
 
 Waters and pavement of Paris 360 
 
 Engineers and inspectors of municipal service 360 
 
 Highways, {grande voirie) 360 
 
 Service of the plan of Paris 361 
 
 Committee on indemnities 361 
 
 Service of the grande voirie of the city of Paris 361 
 
 Architectural works and quarries 362 
 
 Works in the communes of St. Denis and of Sceaux 363 
 
 Service extraordinary ....i.. 363 
 
404 INDEX. 
 
 Hd Dimsion. — Committee on the revision of estimates 363 
 
 Inspection general of the quarries of the department 363 
 
 3d Division. — ^Direct taxes, elections, recruiting service, and national guard 363 
 
 Committee on the apportionment of the taxes 364 
 
 Elections and juries 364 
 
 4th Diinsion.-^Gencral accounts 365 
 
 Treasury of the city of Paris 366 
 
 Bureau of verification and of regulation 366 
 
 Sub-preiectures of the department of the Seine 366 
 
 Communal arrondissements and mayoralties of Paris 367 
 
 (».) — Prefecture op Police. 
 
 Cabinet 367 
 
 Municipal and departmental committee 367 
 
 Sub-prefectures — Council of public hygiene and of salubrity 367 
 
 Counsellors of the prefecture , . . 368 
 
 Public and ministerial oiKcers. 368 
 
 Municipal police 368 
 
 Commissaries of police 368 
 
 Bureaux of the prefecture of police 368 
 
 Secretaryship general 368 
 
 Accounts 370 
 
 Caisse <••.■. 370 
 
 1st Division. — Police of order and of public security 371 
 
 Service of prisons 373 
 
 Delivery of passports 373 
 
 Register of public prostitutes 373 
 
 Regulations concerning them 373 
 
 2d Division. — Administrative police , provisioning ; commerce ; navigation ; thorough- 
 fares ; salubrity 376 
 
 Active service 376 
 
 Quarries , 378 
 
 Railroads 378 
 
 Public succour — ^police of the Morgue 379 
 
 Tribunal of simple police 379 
 
 (ft.)— Organic Articles of the Law relating to the Organization op 
 
 Worship. 
 
 Administration of the Catholic church in its general relations with the rights and 
 
 policy of the State 380 
 
 Ministers of religion 381 
 
 Worship , 383, 
 
 Circumscription of the clergy and parishes, edifices destined to worship, and salaries. . . 384 
 
 Organic Articles relating to Protestant Worship. 
 
 General regulations , 38g 
 
 Reformed churches 387 
 
 Synods 388 
 
 Organization of the churches of Augsburg confession 388