The Sun.
London, England, 1836-01-01 00:00:00

class of trial, shall be indemnified by such travelling ex-
penses as the tribunal may determine.
Art. 30. This allowance is to be paid out of the fund to be
produced by the fines imposed on the offenders by sentence in
these causes, and which are to be deposited in the treasury of
the province ; which establishment shall supply the deficiency
in case of need.
TITLE FIFTH.—Of the mode of proceedings.
Art. 31. When the denouncement of a work shall have been
verified, the regent of the audiencia shall cause three of the
magistrates of the said audiencia who are to form the tribunal,
to be drawn by lot, whose president is to be the elder of the
three ; afterwards he shall also cause twelve from among the
judges de facto to be drawn by lot from among the whole num-
ber, and shall have the names of those thus selected written
down in a book to be kept for that purpose, handing a copy
to the president of the tribunal, in order that those individuals
may be immediately summoned.
Art. 32. When the tribunal shall have assembled, it shall
first of all proceed to render effective the regulations contained
in article 28, against such judges de facto as may not have
presented themselves to fulfil their duty ; and to exclude by
lot such among those present as may exceed ten; which num-
ber alone are to execute their functions in this matter.
Art. 33. When the president of the tribunal shall have re-
ceived from the ten judges de facto the oath to well and faith-
fully fulfil the obligation confided to them, they only shall
retire to another chamber to examine the publication denounced,
and after having conferred together upon the matter, they shall
declare whether or no there are grounds for entering an action.
Art. 34. This declaration shall be by an absolute majority
by ballot.
Art. 35. The declaration shall be signed by all the ten
Judges ; and the first who shall be selected, by lot; their
President, shall convey this declaration to the President of
the Tribunal.
Art. 36. If the declaration should be that there are no
grounds for commencing an action, all further proceedings
shall cease on account of this very fact.
Art. 37. If the declaration should be that there were
grounds for commencing an action, the President of the Tri-
bunal shall forward the denouncement and the declaration in
favour of proceedings to the Judge of First Instance, in
whose jurisdiction the work was published, in the forms here-
inafter stated.
Art. 38. In consequence of this last declaration, the Judge
shall immediately proceed to suspend the sale of the copies
on hand of the work ; this to be verified by the person or per-
sons who are responsible in the eye of the law ; and the said
parties shall be arrested if the publication shall have been de-
nounced as subversive or seditious. In other classes of crimi-
nality the Judge shall confine himself to requiring from the re-
sponsible parties a surety or bail sufficient to meet the results
of the trial. In case the party should not fulfil these conditions
he must go to prison.
Art. 39. When it shall be declared that there are grounds
for commencing proceedings with respect to any publication
which has been denounced as defamatory and abusive, and it
shall also have been ascertained who is the responsible person,
no further proceedings shall take place until it shall have
been proved that the medium of conciliation has been ineffec-
tually tried, according to what is prescribed in the provisional
regulation of the 26th of September last ; or in the way
which may hereafter be settled by law.
Art. 40. Notwithstanding what is provided in the preced-
ing articles under this title, it is declared that if any publica-
tion should be denounced as a defamatory and calumniatory
libel, it is not to be submitted to the previous declaration of
the jury (juradoj as to whether or not there are grounds for
instituting proceedings, in as far as the defamation is con-
cerned. As to the calumniatory part, proceedings will go on,
without any necessity for such declaration for verifying the
responsible person and whatever else is prescribed in the pre-
ceding article ; the cause being commenced at once, in which
no other delays shall occur, nor any replies allowed, beyond
notifying to the responsible party the denouncement, and fixing
a sufficient and peremptory period in common, with the other
party, in order that, by citation of the latter, the imputation
denounced as calumniatory may be proved, without admitting
exception or tergiversation of any kind ; nor any writing
which may not have for its object to resolve or facilitate the
said proof : and thus the trial shall proceed as in those cases
in which the grand jury (jurado primcro) shall have pre-
viously declared that there were grounds for instituting pro-
ceedings.
Art. 41. For the carrying on of the trial the cause shall be
banded to the President of the Tribunal, who shall imme-
diately make the following preparatory arrangements :
First, —He shall cause a certified copy of the denouncement
to be handed to the person responsible for the publication ;
and another, or a copy of the denounced work, in order that he
may prepare his verbal or written defence.
Second,—lle shall at the same thee regulate that the parties
or their repre.seutatives shall appear in the presence of the tri-
bunal in public audience ; and in the same manner as was
practised for the folmation of the first jury ; then shall be se-
lected, by lot, from thetotal list of the judges de facto, the 15
who are to forwl the second jury.
Third,—ln the order in which the names of the said judges
(or jurymen) shall be drawn, the denouncer of a private indi-
vidual and the accused party may each challenge 15 of them,
without being required "to give any meson whatever; but
neither the one nor the other will be allowed to make any
more ehallentzes, unless they can allege some legally deter-
mined blemish against any of the others whose names may be
drawn by lot. If the denouncer should be the fiscal, he may
also challenge, without giving any reason, as far as eight of the
aforesaid judges (or jerors) and others against whom any le-
gally determined blemish can be alleged.
Fourth, When there shall be two or more informers, or
to o or more persons reponsible for the denounced publication,
those of each party Shell come to an agreement in order to
exercise jointly the right of challenging ; for among the
whole there can never be a greater number of challenges than
that mentioned in the preceding paragraph.
Fifth, The fifteen first judges de facto who shall be named
by lot, without being challenged by either party, shall be those
who are to concur in the formatien of the second jury.
Sixth, Those who may have been judges (refuel° in the first
(or grand) jury, cannot be so ill the second, if the same pub-
lication be concerned; and those who, upon any other cause,
may have been judges de facto within the fifteen preceding
days, shall have a right to decline serving.
Seventh, \Viten thus the number of fifteen judges de facto
shall have been completed, the tribunal shall cause them, and
the parties to the cause, to be summoned for a certain day,
hour, and place, for proceeding to the trial in question with
the least possible delay.
Art. 4". When the judges de facto shall have assembled
in the presence of the tribunal, the latter shall, first of all,
proceed to execute the regulations contained in article 32 ;
reducing the number of judges de facto to twelve, who shall
take the same oath as was madt by the first jury, and the trial
shall commence.
Art. 43. This trial shall take place with open doors; the
accused party, as well as the denouncer (or informer) being
allowed to attend, and to speak either themselves, or by their
parties representing them.
Art. 44. Afterwards the president of the tribunal shall
make a recapitulation of all that may have passed on the trial`,
for the information of the Judges de facto (or jurymen), who
shall retire to a room close at hand, in order to confer upon
the matter; and they shall there decide upon the publication
Recording to Articles 5 and 6, Tide 11., expressing whether
in the case before them there be aggravating or extenuating
circumstances. This decision shall take place by the absolute
majority of votes, and by ballot.
Art. 45. This having been done, they shall return to the
public court, and the first who was nominated by lot, and who
shall act as president (foreman) on this occasion, shall place in
the bands of the president of the tribunal the decision as to the
nature of the publication, signed by ail the jurymen, after
having read the same in a loud voice.
Art. 46. As well in the declaration of the first (or grand)
jury, as to whether there were grounds for proceeding to trial,
as with regard to the second,• for declaring whether the ac-
cused party be criminal or net, and in the statement of the ag-
gravating or attenuating circumstances of the offence, it will
always be required to meat-ion the number of votes for and
against. If in either of these votings an equality of votes
should ensue, it is to be understood that the declaration is in
favour of the accused party.
Art. 47. Afterwards the tribunal shall cause the Act to be
applied according to the decision of the jury. If the publica-
tion should have been absolved from the denouncement, the
accused party shall be ordered to be immediately set at liberty,
or the security or bail he may have procured to be released
from responsibility ; taking off also the embargo from the
copies of the work which might have been detained, and de-
claring that this proceeding ought not to occasion any pre-
judice whatever to the reputation and good name of the party
interested.

Art. 48. In the contrary case, according to the decision as
to the nature of the publication, the president will impose
upon the accused party the penalties awarded by the pro-
sent law.
Art. 49. The certificates aad sentences, of whatever nature
they may be, shall be published in the official bulletins, and in
the Government Gazette, for which purpose the President
of the Tribunal will transmit certified copies of each to the se-
veral editors.

Art. 50. If in cases of defamation, of calumny, or abuse,
the party denounced should claim damages for what his in-
terests had suffered from the publication, which may have been
condemned on the trial, the Tribunal whenever it may con-
sider that the fine prescribed by Article 12 is not a sufficient
indemnity, may augment it in as far as may appear to the
Tribunal to be just.
Art. 51. The party who may lose the cause shall be con-
demned in the costs ; but no condemnation in costs shall
take place upon the proceedings having taken place by fiscal
denunciation the publication shall have been dissolved, and
there shall not appear to have been any malice on the part of
the denunciator ; if such sho.uld appear to have been the case,
he must pay the costs. _ _ _

Art. 52. The three Law Judges, of whom the tribunal is
composed, may deliberate secretly among themselves, in order
to agree upon their sentence ; but they must deliver it at that
sitting; it being sufficient that two out of the three votes
be entirely in conformity, in order to form a sentence, which
shall always be pronounced in the said public audience, by the
President.

Art. 53. When a publication shall be declared to be of a
criminal nature, it belongs solely to the tribunal to declare the
parties guilty, and to condemn or absolve, after having admit-
ted the defence of the parties ; and having heard the indirect
co-operators and others comprised in Article 20.
Art. 54. It belongs to the ordinary tribunals, without the in-
tervention of the jury, to condemn the printer wand others who
may contravene the dispositions contained in Articles 18, 19
21, 22, and 65.

Art. 55. In the judgment in which the jury intervene,
there can only bo revision in two cases : first, when the tri-
bunal may not have imposed the penalties pointed out by law ;