criminal law, and not merely regulations of procedure, was promulgated in 1791. This formed the basis of a Code adopted, after long discussion and deliberation, under the government of Napoleon I, and which took effect in 1811. It continued in force, with few changes, until 1832, when a new Code was published, by the government of Louis Philippe. The alterations were, however, but limited; the principal object of the new Code being to assuage the severity of some punishments; to abolish certain others, e. g., the pillory, which were considered inconsistent with the spirit of the times; to reduce other penalties, e. g., banishment, to narrow limits; and, lastly, to mitigate the surveillance of the police. An additional mitigation was introduced in 1835, by the adoption of the rule by which the jury may find a verdict of guilty under "extenuating circumstances;" which qualification of the verdict entitles the accused to a mitigation of punishment.

The Code Pénal thus dates from 1832; but it is substantially founded upon that of 1791. It is divided into four books, to which is prefixed a short introduction. The first book treats of punishments and their consequences; the second, of persons who are punishable, excusable, or responsible for crimes or misdemeanors; the third, of crimes and misdemeanors themselves, and their punishments; the fourth, of police infractions and their punishments.

All prohibited actions are divided into: Contraventions, Délits, or misdemeanors, and Crimes. These grades of offense are not defined, but are classified according to their degrees 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. Misdemeanors are those offenses made punishable with upwards of fifteen francs fine, or five days imprisonment; they 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" punish

ment.

This division of offenses forms the basis of the jurisdiction of the French tribunals. They are of three grades. 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 misdemeanors, is composed of three members of the tribunal judging in first instance, (Tribunal de Première 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 (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. Persons condemned for contraventions may appeal to the Tribunal Correctionnel;

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 trial must follow before another Court of Assizes.

To complete the description of the organization of the tribunals of France, and the connection of its judicial hierarchy with the administrative 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 with a council, and subdivided, according to the size of the department, into arrondissements, governed by Sub-Prefects. The arrondissements are divided in turn into cantons, which are subdivided into

communes.

Each canton has a Juge de paix; and, consequently, a Tribunal de police. Each arrondissement has a Court of First Instance (Tribunal de Première Instance) divided into civil and correctional chambers. Each department has a Cour d'Assizes composed of members of the Cour d'Appel.

At the head of all is the Cour de Cassation, the seat of which is at Paris. This consists of three chambers, of which two are for civil affairs, and the third for criminal cases.

There is a public prosecutor connected with every court. At the police court he is the commissary of police; at the Tribunal of first instance he is the "Procureur Imperial;" at the court of appeal he is the "Procureur Général." The chief of the whole body of prosecu tors is the Procureur Général of the Court of Cassation. The following is an analysis of the Code Pénal:

BOOK I: PUNISHMENTS AND THEIR CONSEQUENCES.

The Code Pénal differs from most existing codes, in commencing with the punishment, instead of the description of offenses. Instead of definitions of offenses, their nature is indicated by the punishments which follow them.

Punishments of CRIMES are either "afflictive and infamous," or simply "infamous." Punishments of MISDEMEANORS are "afflictive," without being degrading. There are also certain punishments which are common to both crimes and misdemeanors.

A defect in the system is, that the infamy results, not from the intrinsic nature of the crime, but from the accidental nature of the punishment.

The following are the punishments prescribed, for CRIMES:

Capital punishment. The crimes punishable with death are:
High treason.

Exciting to civil war.

Seducing the troops from their duty.

Usurpation of any of the rights of the executive.

Conspiracy of public functionaries against the internal safety of the

state.

Blows or wounds inflicted on a public agent (with intent to kill) when he is in the performance of his duties.

Murder; Parricide; and Infanticide.

Sequestration of any person, accompanied by physical torture. Perjury or bribery of witnesses, when it results in a sentence of death.

Arson, when it consists in burning an inhabited or habitable building. The jury may declare the existence of extenuating circumstances, in which case the punishment is commuted.

The mode of capital punishment is decapitation. 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 scaffold while the sentence of condemnation is read.

The execution is public, and takes place in one of the public squares. 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.

Imprisonment and hard labor for life. The crimes subject to this punishment are:

Counterfeiting gold or silver coin.

Passing the same.

Counterfeiting the seal of the state, bank bills, or state bonds with the government stamp.

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 such documents have been completed; or by altering or interlining public records in any way.

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 other 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.

The commission of violence, resulting in death, against a public agent or functionary, while in the performance of his duties.

The furnishing of arms by a prison officer to a prisoner to assist him in his escape.

Homicide, when neither preceded, accompanied, nor followed by another crime; and also when it had for its object either to prepare, facilitate, or commit a misdemeanor, or to assure the safety of the authors or accomplices in a misdemeanor.*

Premeditated corporeal injury, resulting in immediate death, or fatal wounds, when this injury is inflicted upon a legitimate or illegitimate father or mother, or upon other legitimate ascendants, and when the injury, if committed by another, would be punished with hard labor for a term of years.

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 functionary, and when the criminal has been aided by one or more persons.

The detaining or sequestration of a person against his will for more than a month.

The exposure and abandoning of a child, when death follows such

exposure.

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.

Bribery of witnesses is a similar case, and is followed by similar results.

Robbery, attended by the following circumstances: if committed 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, or the use of any external violence; when the criminal takes the title of a public functionary, or of any civil or military authority; when committed by corporeal violence, or threat of arms; and when the criminal inflicts personal wounds, or leaves marks of contusion.

Fraudulent bankruptcy by exchange agents and brokers.
Arson committed under certain circumstances.

Transportation has been employed as a punishment for political offenders; but only to a limited extent.

Imprisonment and hard labor for a term of years. This punishment is very common. The duration of it is not less than five, nor more than twenty years. It is applied to the following offenses:

Counterfeiting or altering the copper coins of French or foreign currency, or passing or assisting in the circulation of counterfeit copper coin.

* In this last case as in the one preceding, however, the punishment may be death.

Counterfeiting the common stamp of the state, or the gold and silver stamp, or the timber mark.

The forgery of legal documents, 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.

The giving of a passport, on the part of a public officer, made out in a name, which he knows to be false.

The embezzlement or purloining, on the part of a clerk, receiver, public depositary or accountant, of public or private money, or current bills, or documents, or titles, or movable 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 purloined property, if this property exceeds or equals a third of the whole receipts or deposits 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 deposit 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.

The destruction, suppression, embezzlement, or intentional mislaying, by any judge, administrator, or public officer, or functionary or clerk (whether of government or of any public depositary), of acts or documents, of which he is, in his official capacity, the depositary, or which have been confided or communicated to him in his official capacity. Rebellion, when more than twenty armed persons are engaged in it; 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.

Breaking of seals.

The forming or commanding of bands before any crime has resulted from their organization.

Wounds given with premeditation, or lying in wait.

The suggestion or application of means of abortion by physicians, when followed by the effect intended.

Violation of a child under twelve years of age.

Bigamy.

Sequestration of a person without the order of the proper authorities, except, in those cases provided for by law.

Exposure of a child.

Abduction of a girl under sixteen years old.

Perjury for money.