676 ANNUAL REGISTER, 1804. 



appointed by the arch-chancellor of 

 the empire, from the judges of the 

 court of cassation, being members 

 of the high imperial court. The 

 functions of this commissary, or, in 

 case of absence, his deputy, consist 

 in drawing up the instructions and 

 the report. — 124. The reporter, or, 

 in case of absence, his deputy, lays 

 the act of accusation before twelve 

 commissaries of the high imperial 

 court, chosen by the arch-chancel- 

 lor of the empire ; six from the list 

 of senators, and six from the other 

 members of the high imperial court. 

 The members thus chosen take no 

 part in the decision of the high im- 

 perial court. — 125. Provided the 

 twelvs commissaries determine that 

 there is sufficient reason to proceed 

 with the complaint or denunciation, 

 the reporting commissary issues a 

 declaration to that elTeft, and pro- 

 ceeds to draw up the instrutti- 

 ous. — 126. Provided the commis- 

 saries determine that the complain- 

 ant ought not to proceed with the 

 accusation, the case is referred to 

 the high imperial court, which pro- 

 nounces a definitive judgment there- 

 on. — 127. The high imperial court 

 cannot come to a decision unless 

 sixty members are present. Ten out 

 of the sixty may be challenged by the 

 party accused, and ten by the ac- 

 cusing party. The judgment of the 

 court is determined by the majority 

 of votes. — 128. The discussions on 

 these occasions are open to the pub- 

 lic. — 129. Persons accused may em- 

 ploy advocates. If they be un- 

 provided, the arch-chancellor of the 

 empire a[)points (liem one gratis. — 

 130. The high imperial court can 

 only decide in cases which come 

 within the penal code. — 131. In 

 cases of ucquitfal, the high imperial 

 c«urt place* the person acquitted 



under the protection of the high 

 police of the state, for the time it 

 may deem proper. — 132. No appeal 

 can be made against the decision of 

 the high impeaal court. 

 Tide All '.—Of the Judicial Order. 

 134. The decisions of the courts 

 of justice are intituled arrets. — 

 135. The presidents of the court of 

 cassation, the court of appeal, and 

 of criminal justice, are nominated 

 for life by the emperor, and may be 

 chosen out of the courts in which 

 they preside. — 136. The tribunal 

 of cassation takes the title of the 

 court of cassation. The tribunals 

 of appeal take the title of the court 

 of appeal, and the criminal tribu- 

 nals that of criminal justice. The 

 president of the court of cassation, 

 and also the president of the courts 

 of appeal divided into sections, take 

 the title of first president; the vice-" 

 presidents that of president. The 

 commissaries of government in the 

 court of cassation, the courts of ap- 

 peal, and the courts of criminal 

 justice, take the title of imperial 

 attorneys general. 



Title Xl^, — Of Promulgation. 

 137. The emperor causes every 

 organic senatus consultum, senatws 

 consultum, act of the senate and 

 lavv, to be sealed and promulgated. 

 Organic senatus consulta, senatus 

 consulta, .and acts of the senate are 

 promuJgated within the tea days 

 subsequent to their adoption.— 

 138. Two copies are taken of each 

 of the acts mentioned in tha pre- 

 ceding article. Both copies are 

 signed by the emperor, CNamincd by 

 the titularies of the grand dignities, 

 counter-signed by the secretary of 

 state and the minister of justice, and 

 sealed with the great seal of the 

 state. 139. One copy is deposited 

 in the archives of the great seal ; 



the 



