especially on the institution of the jury, which he strongly opposed on the ground of the probable incapacity or party spirit of jurors: he looked upon the question in a political rather than a judicial light. Portalis, Simeon, Bigot de Préameneu, and Ségur sided with Bonaparte. Treilhard, Berlier, Defermon, Cretet, Bérenger, Merlin, and Louis Bonaparte defended the jury. There is an interesting account of this discussion in Thibaudeau (vol. vii. pp. 88, &c.). The question being put to the vote, the majority was in favour of the jury. The matter, however, was finally settled by suppressing the jury d'accusation, or grand jury, and retaining the jury de jugement. The jurors are taken from the electors who are qualified to vote for a member of the legislature, graduates in law, medicine, and other sciences, notaries, members of the Institute, and of other learned bodies recognised by the State, officers on half-pay who have been domiciled for five years in the department, and whose pay amounts to 1200 francs a-year, &c. A list of persons so qualified is made out by the prefect of the department, from which the President of the Cour Royale, or of the Cour d'Assise, selects the number required to serve. The proceedings in criminal trials are partly written and partly oral. The accused is first brought before the procureur du roi (king's attorney), who examines him, and simply reports the case to the juge d'instruction, without giving any opinion upon it. At the same time, if the accused is charged with a crime punishable with personal and degrading penalties, he orders his detention. For mere délits or misdemeanors, bail is allowed. The juge d'instruction summons and examines the witnesses, and then sends back the report to the procureur du roi, who makes his remarks on the case, which is then laid before the chambre de conseil, consisting of three judges of the tribunal de première instance. These judges investigate the case minutely, and decide if there is ground for further proceedings. In such case the report is laid before the chambre d'accusation, composed of five judges of the Cour Royale, who ultimately decide for commitment or acquittal. If committed for a crime punish able by peines afflictives or infamantes, the prisoner takes his trial before the next cour d'assise of the department. If for mere délit or misdemeanor, he is sent before the correctional tribunal. The courts of assize consist of two of the judges of the Court of First Instance of the town, and the president is a member of the Cour Royale of the department. Their sessions are held every three months in the chef lieu of each department. The jury vote by ballot, and decide by a majority on the fact of the charge; eight constitute a majority. The mode of voting was regulated by a new law, May, 1836. The court then awards the sentence, having a discretion between a maximum and a minimum penalty. By a law passed in 1831 the court was prohibited from setting aside the verdict of the jury and referring the case to a new trial; but by the law of September, 1835, the judges can order the case to be tried at the next assizes by a new jury, when they must pronounce sentence according to the verdict, although it may not differ from that of the first jury. The prisoner may challenge twelve jurors. One or two juges d'instruction are attached to each court of assize for criminal cases; they are generally taken from among the juges de première instance, and for a definite time only. The Code d'Instruction Criminelle consists of the following books: 1. Of the judiciary police and the various officers whose duty it is to inquire after offences, collect the evidence, and deliver the prisoners to the proper courts. These officers are very numerous, including the maires and their assistants, the commissaries of police, the rural guards and forest-keepers, the justices of the peace, the king's attorneys and their substitutes, the juges d'instruction, &c. It also treats of the manner of proceeding by the king's attorney, as already stated; and of the juge d'instruction and his functions. Book 2 treats of the various courts; tribunaux de simple police, which take cognizance of petty offences, and can inflict imprisonment of not more than five days, and a fine not exceeding fifteen francs; tribunaux en matière correctionelle, which are composed of at least three judges of the tribunaux de première instance, and take cognizance of délits or misdemeanors, 66 the penalties for which are defined in the | in January, 1810. Its discussion occupied Code Pénal; and cours d'assise, already forty-one sittings of the Council of State. mentioned, from which there is an appeal Of these sittings Napoleon attended only for informality or want of jurisdiction to one (21st January, 1809). Cambacérès the Court of Cassation. The cours spé- presided at all the rest. Napoleon was ciales, or exceptional courts, which Napo- therefore a stranger to its discussions; he leon insisted upon having at his disposal, only expressed an opinion that the laws and which were often resorted to after the ought to be concise, and leave much latiRestoration, are abolished by Art. 54 of tude to the judges and the government in the Charte of 1830. These special courts the application of the penalty, 'because,' were assembled in cases of armed rebellion said he, men had feelings of compassion against the authorities, and they also took unknown to the law.' He insisted upon cognizance of the offence of coining, and the penalty of confiscation being retained of crimes committed by vagabonds and in certain cases, because most nations had convicts who have escaped; they were sanctioned it in cases of conspiracy, rebelcomposed of a president taken from among lion, and false coining. But the definithe judges of the Cour Royale, four tion of crimes and offences, the nature of judges, and three military officers of the the penalties, and the mode of their applirank of captain or above. They tried cation, were the work of criminal jurists, without jury, judged by majority and who were generally inclined to severity, without appeal, and the sentence was and were well acquainted with the ideas executed within twenty-four hours. The of Napoleon, who was persuaded that Chamber of Peers, by virtue of Art. 28 criminal legislation ought to be very of the Charte, sits as a court of justice in rigorous in order to maintain order and matters of high treason and attempts support the authority of the government.” against the safety of the State. On the (Thibaudeau, vol. viii. p. 3.) Hence the subject of the Code d'Instruction, Thibau- penalty of death was fixed in numerous deau observes that it retained many of the cases, and those of perpetual imprisonameliorations introduced by the National ment, hard work, or transportation for Assembly, especially the publicity of trial life, in a still greater number. The pillory and the institution of the jury. Its chief is also one of the punishments. faults are, the great number of officers, whose business it is to follow up offenders, by which circumstance the citizens are often exposed to vexatious interference; the too great extent given to the jurisdiction of the correctional courts, by which, in many cases, the citizens are deprived of the security of the jury; the restrictions on the choice of jurors, which is too much in the power of prefects and other local authorities; and, lastly, the frequent abuse of the power of the police, by which its agents could issue warrants of arrest. This last abuse is now corrected, or at least greatly mitigated. Other provisions of the Code d'Instruction, as well as of the Penal Code, have been also altered for the better by the law of April 28, 1832, entitled 'Modifications aux Codes d'Instruction Criminelle et Pénal,' which is found at the end of the later collections of the French codes. The Code Pénal, or the laws that define crimes and punishments, was completed | If we look at book iii. ch. 1, which treats of the crimes and offences against the safety of the State (a term susceptible of indefinite and arbitrary application), we find that the penalties of death and confiscation are fixed very generally. Confiscation, however, has been abolished by a law passed under Louis XVIII. By the head "Des critiques, censures, ou provocations contre l'autorité publique dans un discours pastoral," any clergyman found guilty of having, in a pastoral charge, sermon, or other public address, spoken or printed, criticised or censured any act of the government authorities, is subject to banishment, transportation, and even death, according to the consequences which have resulted from his act. The following head, "Résistance, désobéissance, et autres manquemens envers l'autorité publique," is equally severe. The article "Délits commis par la voie d'écrits, images ou gravures, distribués sans nom de l'auteur," &c., concerns the press, which was under a strict censorship in Napoleon's | where there is a workhouse or depôt for time. Since the Restoration the censor- the poor is subject to from three to six ship has been abolished, and several laws months' imprisonment. In places and have been enacted to repress abuses of cantons where there is no depôt for the the press, especially in April and October, poor (which is the case in most rural dis1831. The last law on this subject was tricts of France), able-bodied beggars may promulgated in September, 1835, and con- be imprisoned for a period of from one to sists of five heads: 1. Crimes, délits, et three months; and if arrested out of the contraventions. 2. Du gérant (editor) canton where they reside, they are imprides journaux ou écrits périodiques. 3. soned for a term of from six months to Des desseins, gravures, lithographies, et two years. By Art. 402, fraudulent bankemblêmes. 4. Des théâtres, et pièces de rupts may be punished by imprisonment théâtre. 5. De la poursuite et du juge- with hard labour, and bankrupts not ment. By the section of the Penal Code fraudulent are liable to imprisonment entitled "Des Associations ou Réunions from one month to two years. Fraudulent illicites," which continues in force to this brokers are condemned to hard work for day, every association of more than twenty a time. The law of France makes a wide persons for the purpose of meeting on distinction between native and foreign infixed days to discuss either political, reli- solvents. Foreigners not domiciled in gious, literary, or other subjects, is de-France, having no commercial establishclared illegal, unless the approbation of the government is obtained, which can prescribe conditions and fix regulations at its pleasure. The chiefs or directors of any such illegal association are punished by fine. If at the meetings of such assemblies there has been any provocation to crimes or délits, as defined in the other articles of the Penal Code, the chiefs or directors and administrators are liable to imprisonment from three months to two years, besides fine, although they themselves may not have been guilty of the offence. No individual can lend his house or apartments for the meeting even of an authorized association, unless with the permission of the municipal authorities. By a law which passed the Chambers in April, 1834, the above regulations have been made even more strict. Every member of an illegal association is liable to a fine of 1000 francs, and to imprisonment from two months to one year. Under the heads "Vagabondage" and "Mendicité," vagrants are defined to be all those who have no fixed domicile nor means of subsistence, and who do not follow habitually any trade or profession. On the legal evidence of being such, they are condemned to an imprisonment of from three to six months, after which they are under the surveillance of the police for periods varying from six months to ten years. With regard to mendicants or beggars, any person found begging in a place ment or real property there, are liable to double the period of imprisonment that a Frenchman is, but it must not exceed two years for a debt less than 500 francs; four years for a higher sum under 1000 francs; six under 3000; eight for less than 5000; and ten years for 5000 and upwards. (Okey, Concise Digest of the Law, Usage, and Custom affecting the Commercial and Civil Intercourse of the Subjects of Great Britain and France. There is also a useful epitome of the French law as it affects British subjects in Galignani's Paris Guide.) By the head "Violations des réglemens rélatifs aux manufactures, au commerce, et aux arts," any coalition between masters to lower wages is punished by a fine of from 200 to 3000 francs, besides imprisonment not exceeding a month. Coalition among workmen, followed by an attempt to stop the works of a manufactory, is punished by imprisonment of from one to three months; the leaders or originators of the coalition or attempt are subject to imprisonment from two to five years. By Art. 417, any one who, with the view of injuring French industry, has removed to a foreign country the workmen or clerks of a manufactory, may be imprisoned from six months to two years, besides paying a fine of from 50 to 300 francs. Art. 418: Any director, clerk, agent, or workman, of a manufactory, who communicates to foreigners or to Frenchmen residing abroad any secret of the fabric in which | he is employed, is punished by a fine of from 500 to 20,000 francs, besides imprisonment at the discretion of the court. Art. 421 All wagers or bets upon the rise or fall of the public funds are punishable by imprisonment from one month to one year, besides a fine of from 500 to 10,000 francs. The offenders may after the expiration of their imprisonment be placed by sentence of the court under the surveillance of the police from two to five years. This sentence, "placed under the surveillance of the high or government police," which is added at the end of numerous penalties, means that the person so placed is to give security for his good conduct; in default of which he is "at the disposal of government," who may fix a particular place for his residence. All individuals who have undergone the punishment of imprisonment and hard labour for a time, or that of banishment or transportation, or those who have suffered a penalty for political crimes, are placed under the surveillance of the high police for the rest of their lives. The above extracts are sufficient to show the spirit in which the French criminal code has been framed. It is, in fact, as harsh and illiberal in many of its enactments as that of any absolute government in Europe. In speaking therefore of Napoleon's legislation, it is necessary to discriminate between the civil and the criminal law; and again between the laws themselves and the practice and rules of proceeding in the courts. The adoption of the French criminal code met with great opposition in Italy. At Milan the legislative body attempted to modify and adapt it to the habits and wants of the Italians. Two commissions were appointed by the minister of justice, one for the code of instruction, and the other for the code pénal. Their reports were sent to Paris, but were rejected by Napoleon, and an answer came with peremptory orders to translate literally and enforce the two French codes without any alteration. At Naples similar objections were also made, but with no better effect. (Colletta, Storia del Reame di Napoli, book vi.) The French code is retained in Rhe nish Prussia; in the kingdom of Naples with some few modifications; in the Canton of Geneva in Switzerland; and in Belgium. The commercial code and the registry of mortgages have been adopted all over Italy. For comments and strictures by French jurists on the criminal laws of France, see Bérenger, De la Justice Criminelle en France, 1818; Dupin, Observations sur plusieurs points importans de notre Législation Criminelle; and Bavoux, Leçons préliminaires sur le Code Pénal, 1821. There are in France more than 3000 judges, including those of the commercial courts, besides 2846 juges de paix. The judges of the Tribunaux de Première Instance have salaries varying from 2000 to 6000 francs; those of the Cours Royales, from 3000 to 8000. The presidents and vice-presidents receive more in proportion. The juges de paix receive about 800 francs, besides certain fees. The various courts, magistrates, greffiers, &c. cost the state about fifteen millions of francs annually. (Goldsmith, Statistics of France, 1832.) For a general view of the judiciary system of France, see Meyer, Esprit des Institutions Judiciaires, last vol.; 'and Rey, Des Institutions Judiciaires de l' Angleterre comparées avec celles de France et de quelques autres Etats, 1826. CODICIL. [CODE; WILL.] CODIFICATION. [LAW AND LEGISLATION.] COFFEE TRADE (French, Café; German, Koffe, Koffebohnen; Dutch, Koffy, Koffebomen; Italian, Caffe; Spanish, Cafe; Turkish, Chaube; Swedish, Koffe; Russian, Kofé). This great branch of commerce has been wholly created since the beginning of the eighteenth century. Nearly all the coffee which now comes to Europe is the produce of trees propagated from a single plant, which, having been raised from seed procured from Mocha in Arabia by Van Hoorn, governor of Batavia, was sent by him to the botanical garden at Amsterdam, and the progeny of which was, in the year 1718, twenty years after its reception from Java, sent to Suri nam. There is a table by Mr. M'Queen in the appendix to the Parliamentary Report on the Produce of India, which purports to show the quantity of coffee produced in the various countries of its growth; but there scarcely exist accurate data for such information, and the table in question is confessedly only an approximative estimate. The total quantity of coffee produced in all countries is stated to be 359,000,000 lbs. (3,205,351 cwts., or 160,267 tons); but Ceylon, from which in 1844 we received 138,846 cwts., is not given in the table; and the total production of British India, from which in 1841 we imported 15,896,624 lbs., is set down at 6,245,000 lbs. The declining production of coffee in the British West Indies, though favoured by a differential duty, rendered it necessary to admit the coffee of some other region on equally favourable terms, and in 1835 East India coffee was admitted on the same terms as West India. The imports from the East Indies increased from 5,182,856 lbs. in 1835 to 15,896,624 lbs. in 1841; and the coffee of Ceylon increased from 1,870,143 lbs. in 1835 to 15,550,752 lbs. in 1844. From 1831 to 1834 the annual imports of British West India coffee averaged above 21,000,000 lbs.; and in 1841, 1842, and 1843, they did not reach 10,000,000 lbs. In 1843 they were only 8,530,110 lbs. In 1824 the consumption of coffee in the United Kingdom was 8,262,943 lbs., and the duties were The consumption having overtaken the supply of those kinds of coffee which were admissable at the lowest rate of duty, had remained almost stationary for several years. At the end of 1835, therefore, the duty on East India coffee was reduced to 6d. per lb.; and subsequently coffee, of whatever growth, if imported from a British possession eastward of the Cape of Good Hope, or from that place, was admitted at a duty of 9d. Practically speaking, the duty on foreign coffee, instead of being 1s. 3d. per lb., became only 9d., to which Id. must be added for the cost of additional freight from the Cape of Good Hope, whither it was sent for the purpose of being transhipped for England at a duty of 9d. instead of 1s. 3d, to which it would have been subject if imported direct. The quantity of coffee shipped for the Cape to be re-shipped for this country at the 9d. duty was estimated in 1840 at 7080 tons from Europe, 5060 tons from the foreign West Indies, 5680 tons from Brazil, and 2030 tons from Java; and the additional cost upon this quantity, in one way or other, amounted, according to Mr. Porter's calculation, to 177,000l. a year. He showed also that "the price of all the coffee used in this country was increased to the consumer by 28s. per cwt., the difference of duty, in addition to 13s. 7d. per cwt., the expense of sending coffee from Europe to This increased the Cape and back." price amounted to 533,2277., but the duty of 9d. per lb. was received only on about half the quantity imported, and the additional sum accruing to the Exchequer was only 192,4167. In 1840 the consumption was as follows: |