« ForrigeFortsæt »
12. If the Chamber be of opi- the delays prescribed by the 184th nion that there is no cause for article of the Code of Criminal prosecution, it will decree the re Instruction. moval of the seizure, and the If the documents be sent to the freedom of the accused should be Attorney-General, and that the be arrested. In the contrary case, Royal Court pronounces the acit orders, according to the im- cusation, the case shall be tried portance of the facts, either that at the next assizes. the affair should be sent to the 15. The act of accusation shall Tribunal of the Correctional Po- be closed by the following recapilice, or that the documents should tulation : “ He is consequently be transferred to the King's At- accused of having committed by torney-General, at the RoyalCourt, composition" (the translation or to be proceeded on as is laid down publication] “of” (such a writin the chapter of the Code of ing] or “ by the sale or distriCriminal Instruction, entitled, The bution” (of such a writing, such Trial of Accusations.
and such a crime, attended with 13. In default of judgment, such and such circumstances.] which within three days from the 16. The questions resulting from report made by the Judge of Int the act of accusation shall be put struction, ordains the transmission in these terms :- 1st. Does the of the affair to the Tribunal of printed work present such or such Correctional Police, or of the do a character, expressed in the recuments to the Attorney-General, capitulation of the act of accusaor in default of citation of the tion, with all the circumstances party seized, before the Tribunal therein comprised ? 2d. Is the acof Correctional Police, within the cused guilty of having composed, same period : increased by a day translated, or published this work, in consequence of the three my- or of having printed, or of having riameters of distance, counting sold, or distributed it? froin the ordinance of transmis 17. If the declaration of the sion, the seizure is null and with- jury be affirmative only on the out effect. All the holders of the first question, in the whole or in work seized, are bound to send it part, the seizure shall be mainto the proprietor, on the simple tained and the work condemned, exhibition of a certificate of the and the accused shall be sentenced register, stating that there has only to the costs. been no judgment or citation in 18. The Correctional Tribunals the time before-mentioned, which may, in cases of the abuse of the certificate will serve for a dis- liberty of the press, command uncharge.
der security, the provisional free14. The citation before the Tri- dom of the accused, conformably bunal of Correctional Police shall to the 11th article of the Code of be in every case notified to the Criminal Instruction. They may Register within three days from also use their discretion, even on the ordinance of remission, and the condemnation of a work, to the cause shall be tried at the first pronounce only the payment of audience after the expiration of costs.
19. and 20.
LAW FOR THE ESTABLISHMENT OF
19 and 20. [These articles ex tical subjects and intelligence, tend to sentence pronounced a shall not, until the 1st of January. gainst a work, and to all future 1821, appear without the autho. impressions and publications of rity of the King: the same.]
(Signed) Louis. 21. In cases of crimes and misdeineanours, the annulling of the proces verbal of seizure for errors of forms, shall not be an obstacle
The important concern which to a farther prosecution of the had been agita ed between the work. li shall be the same with Papal court and that of Paris, reregard to the accused, if the facts lative to the establishment of ti.e imputed to him be other wise prov- Catholic religion in the latter, ed by the process.
was laill hefure the Chamber of 22 Every individual who feels Deputies by M. Laine, minister himself aggrieved by the abuse of of the interior in the form of the the liberty of the press. may pre- project of a law proposed by the fer a complaint before the King's King in the following articles. Attorney-General, or the Judge Louis, &c of Instruction, either in the place To all present and to come, of his re-idence, if the work has greeting. We have ordained and been there sold or distributed, or do ordain, that the projet of the from the place of the residence of law, the tenour of which follows, the accused, or one of them. shall be presented to the Chamber
23 and 24 refer to the jurisdic- of Deputies by our Ministers Setion of Courts.
cretaries of State for the Depart.25. The pu lic action for an ment of Foreign Affairs, and of abuse of the liberty of the press the Interior, by the Sieurs Count is interdicted after the l'evolution Beugnot, Minister of State, and of a year, reckoning from the day Count lortalis, Counsellor of State, in which the writing shall have whom we charge to develope its bien deposited, in pursuance of motives, and support its discusthe 14th Art. of the law of the 21st sion:Oct 1814. The public action, if Article 1.-Conformably with there has been no deposit, and the the Concordat passed between civil action, in all cases, are not Francis I. and Leo. X., the King prohibited until after the time ap- alone appoints, by virtue of a pointed by the Code of Criminal right inherent in his crown, to the Instruction.
Archbishopricks and Bishopricks 26. The law of the 25th of through the whole extent of his February, 1817, relative to writ- kingdom. The Bishops and Archings seized, and all the disposi- bishops repair to the Pope to obtions of anterior laws contrary to tain canonical institution, accordthe present, are and remain re ing to the forms ' established by pealed.
ancient usage. 27. The journals and other pe. II. The concordat of the 15th riosical works which treat of póli- July, 1801, ceases to have its effect VOL LIX.
from this day; saving, however, VII. The said acts shall be inthe effects which it has produced, serted in the Bulletin of Laws, and the disposition in article 13 with the law or ordinance that has of that act, which remains in its authorized the publication, full force and vigour. [That ar VIII. The cases of abuse speciticle refers to the inviolability of fied in the Art. 6, and those of the sales of church property.] disturbance, provided for by Art. 7,
III. Seven new Archbishopricks, of the law of 1802, shall be suband 25 new Bishopricks, are mitted directly to the Royal Courts, erected. Two of the Episcopal the first Civil Chamber, on the Sees at present existing are erect- information of our attornies-geneing into Archiepiscopal Sees. The ral, or on the prosecution of the boundaries of the 50 Sees already parties interested. existing, and those of the 32 fre The Royal Courts shall decide cently created, are determined ac in all cases not provided for by the cording to the tables annexed to codes, conformably with the reguthe present law.
lations anciently observed in the IV. The endowment of the kingdom, saving appeal to the Archbishopricks and Bishopricks Court of Cassation. shall be taken from the funds IX. All persons in holy orders placed at the disposal of the King, approved by their Bishops, who by article 143 of the law of the may be charged with crimes or 25th March last.
offences, either out of their funcV. The bulls, briefs, decrees, tions or in the exercise of their and other acts, emanating from functions, shall be proceeded the Court of Rome, or produced against according to the disposiunder its authority, except the tions of Art. 10 of the law of the indulgences of the Penitentiary 20th April, 1810, and the Arti• Court, so far alone as concerns cles 479 and 480 of the Criminal the internal Ecclesiastical Court Code of Instruction. cannot be received, printed, pub X. The Bulls given at Rome lished, or carried into execution the 19th (1st) and 27th (2d) of in the kingdom, without the au- July, the former containing the thority of the King.
ratification of the Convention VI. Such of those acts as con passed the 11th June last, between cern the Universal Church, or the the King and his Holiness; the general interest of the state, or second, concerning the boundaries the church of France, their laws, of the dioceses of the kingdom, their administration, or their doc are received, and shall be pubtrine, and which inay necessitate lished without the approbation of or may induce some modifications clauses, formulas, and expressions in the legislation now existing, which they contain, and which cannot be received, printed, pub- are or may be contrary to the laws lished, or carried into execution of the realm, the liberties, franin France, without having been chises, and maxims of the Gallican duly verified by the two Chambers Church. upon the proposal of the King. XI. In no case shall the said
receptions and publications preju- cerning the administration of relidice the dispositions of the present gious persuasions, not Catholic. law—the public rights of the Given at the Castle of the ThuilFrench, guaranteed by the Con leries, the 22d November, in stitutional Charter the maxims, the year of our Lord 1817, franchises, and liberties of the and of our reign the 23d. Gallican Church-the laws and
(Signed) regulations concerning ecclesiastical affairs, and the laws con
Spain. -Disturbance in Valencia.- Edict prohibiting Books.- Conspiracy
in Barcelona.-Castunos and his Accomplices condemned.-Pupal Bull respecting the Property of the Church in Spain.--Queen of Etrurin. Decree relative to the Culture of Tobacco in the Huvannah. --Abolition of the Slave Trade.- Portugal.-Irruption of its Army into Montevideo.- Part taken by the allied Powers.--Defection of Pernambuco, and its Reduction. - Plot in Portugal.
possession during the whole of THE following letter, dated ihe 17th. Elio had the prudence
from Murcia, on the 5th of to leave the rabble to itself. The February, contains an account of people had the insolence to raise a disturbance which took place in the cry of the constitution ; and Valencia on January 17th.
offered a thousand insults to the “ The 17th ult. was a day of general and the troops. I have judgment in Valencia. The peo- the satisfaction, however, to tell ple daringly rose against General you, that none but the rabble Elio; and if divine Providence touk any part in the disturbance : had not taken pity on that afflicted the gentlemen and men of prodistrict, we know not to what perty remained in their houses. lengths the wild monster the At last the army triumphed ; and mob (which a people are when General Elio is about to make given up to their own violence) terrible examples. The judges of would have proceeded. These tur- the audience entered into disputes bulent habits have been contract with his Excellency concerning ed by past events, when the Li- the limits of jurisdiction between berales flattered the people that the civil and military authority; they were going to destroy all the and Elio, who knows well his authority of rank and power. The duty, immediately set out to people are like children ; they Madrid to obtain from his Manever forget the indulgence al- jesty full powers to hang, if it be lowed them. The tumult tvok its found necessary, the members of origin in a foolish dispute about the court itself. One soldier was the tax on coals. General Elio, killed : on the side of the people who allows no one to dispute his many were wounded. General commands, found it necessary to Elio was wounded, but not seexert his authority against certain verely." persons who called themselves the The following proclamation was deputies of the people ; and thus subjoined to this letter. was kindled that fire which had The Captain-General of the pronearly involved in flame the whole vinces of Valencia and Murcia, to capital of the province. The power whom is intrusted the preservaof the insurgents rose to such a tion of the public tranquillity, height, that the city was in their desirous to fulfil his duty, and to