The Express.
London, England, 1859-12-17 00:00:00

THE FRENCH PRESS LAWS.

(From the Mootitewr.)

In some recent publications there have oreened,
on the subject of prosecution of the press, tartan man
which it is of consequence to set right. The magistrates
have been reproached with arbitrarily violating the rules et
the special prooldnre introduced by the law of Itay 28, 1819.
To this reproach the answer is simple. The exceptional
procedure of the law at 1819 hes ceased to exist—it hes been
abrogated by the organ° deem of Feb. 17, 1862. Proem-
Micas of the pram have been restored to their
previous condition of BMWS of the common law; they
ere submitted strictly to the form end stages of the sods of
criminal examination. Person have siro ventured to moss
the magistrates of tasking use of illegal precipitation to the
seizure of certain pamphlets; thir second charge rests on a
confusion earl to clear op.
The YOUnte of the prom is spirited to three distinct orders
of publication, books, journals, and political pamphlets
having lees than ten sheet, of printed matter.
For books the low of 1814 is la operation ; no new con-
dition has been imposed on publkatitms, and it may be
safely raid that tho liberty of the book has never been more
complete or more undisputed than it is now.

The periodical press has its special missend its own riguets;
eight yeses of practice have proved its wisdom and Its ne-
cessity.

The political pamphlet partakes more of the nature of the
journal than of that of the book , it offers the same dangers,
the same facility of diffesiou, without, however, being sub-
jected to thesauri guarantees. Before the law of July 27,
1869, exhortations to civil war, outrages to religion and good
morals, attacks the moat audacious on the principle of pro-
petty, could he spread by a hundred thousand copies, and
address themselves with impunity to the passions of the
multiteda The evil was irreparable when justice intervened. I,
It is to avoid this danger, and to supply a want long felt,
that the Legislative Aseetubly introduced into the law of
July 27 a cisme making it necessary for the printer to lodge
at the office of the public prosecutor, twenty-four hours
before every publication and distribution, all writings
treating of political matters or matters of social economy
haying less than ten sheets of printed matter. It has been
desired," said the proposer of the law, when he was explain-
ing the reasons for this Innovation, it has been desired to
put an end to the impotence of justice, and to prevent
pamphlets being distributed and the impression exhausted
before the magistrate can invoke the action of the law."
It Is, then, an exceptional guarantee which the law of
1849 bee imposed on the publication of political brochures.
The seisms is not submitted to soy condition of time ; it is
regular a soon as it hes been ordered by the examining
magistrate, but It is only definitively maintained In came in
which it is established that the offence charged in the pro-
secotion km been constituted, completed by an act of pub-
licity.

If, ea the contrary, it is thown that no act of distri-
bution or of exposure for sale has preceded the edam*,
then intorpness a writ of withdrawal. The writer then
repine his liberty of action, bat be is anticipated, and if the
work interdicted for en instant is published, the prosecution
renamed. the matter is brought before the correctional
tribunal, and jurtice is enabled to ensure reepeet for the law.
Such hes been for ten years, each is still at this day the
regular and faithful execution of the 7th Art. of the Lew of
July 27, 1849.