The Sun.
London, England, 1848-11-16 00:00:00

Art. 88. The Councils of War and of Revision for the
land and naval forces, the Maritime Tribunals, the Tri-
bunals of Commerce, the Prudlomines, and other
special tribunals, preserve their present organisation and
attributions until they shall have been abrogated by slaw.
Art. 89. Any disagreement as to attributions between
the administrative and the judicial authority shall be
settled by a special tribunal. composed of members of
the Court of Cessation and of Councillors of State,
selected every three years, in equal numbers, by their
respective bodies. This tribunal shall be presid©d over
by the Minister of Justice.
Art. 90. Appeals on the score of incompetency and
excess of power against the decisions of the Court of
Accounts shall be carried before the Juridiction de
Conjiits.
Art. 91. A High Court of Justice tries, without ap-
peal or recourse in cessation, the accusations brought
by the National Assembly against the President of the
Republic:or against the Ministers. It also tries all per-
sons accused of crimes, attempts, or conspiracies against
the safety of the State, either at home or abroad, whom
the National Assembly shall send before it. Ex-
cept in the cases provided for by Art. 68, it cannot take
cognisance but in virtue of the decree of the National
Assembly, which points out the town in which the Court
shall hold its sittings.
Art. 92. The High Court is composed of five Judges
and thirty-six Jurymen. Every year in the first fort-
night of No►ember the Court of Cessation appoints from
amongst its members, by secret ballot and by the abso-
lute majority, the Judges of the Upper Court, to the
number of five, and two supplementary Judges. The
five Judges called on to sit shall select their President.
The magistrates performing the functions of public pro-
secutors are appointed by the President of the Republic,
in case of the accusation of the President or of the Mi-
nisters by the National Assembly. The Jurymen, to
the number of thirty-six and four supplementary Jury-
men, are selected from amongst the members of the
Councils General of the departments. The representa-
tives of the people cannot form part of them.
Art. 93. When a decree of the National Assembly has
ordered the formation of the High Court of Justice, and
in the case provided for by Art. 68, on the requisition
of the President, or of one of the Judges, the President
of the Court of Appeal, and in default of the Court of
Appeal the President of the tribunal de premiere instance
of the judicial chief town of the department draws by
lot, in a public sitting, the name of a member of the
Comma General.

Art. 94. On the day appointed for the trial, if there
are less than GO jurymen present, that number shall be
completed by the supplementary jurymen drawn by lot
by the President of the High Court from amongst the
members of the Council General of the department in
which the court will sit.

Art. 95. The absent juryman who shall not have pro-
duced a reasonable excuse shall be condemned to a fine
of from 8,0001. to 10,0001., and to the deprivation of
political rights for not exceeding live years.
Art. 96. The accused and the public prosecutor exer-
cise the right of challenge as in ordinary cases.
Art. 97. The verdicts of the jury, declaring that the
accused is guilty, cannot be given but by a majority of
two-thirds of the number.

Art. 98. In all cases of responsibility of the Ministers,
the National Assembly may, according to circumstances,
send the accused Minister either before the High Court
of Justice, or before the ordinary tribunals for civil re-
paration.
Art. 99. The National Assembly and the President of
the Republic may, in all cases, refer the examination of
the acts of any functionary other than the President of
the Republic, to the Council of State, whose report is
made public.

Art. 100. The Pre,ident (1 the Republic can only be
tried by the High Court of Justice. Except in the case
provided for by Article 63, he can only have proceed-
Ings instituted against him on the accusation of the
National Assembly, and for crimes and misdemeanors
which shall he determined by the law.
CHAPTER IX.—OF THE PUBLIC FORCE.
Art. 101. The public force is instituted to defend the
State against enemies from without, and to secure the
maintenance of outer and the execution of the laws at
home. It is composed of the National Guard and of the
land and sea forces.

Art. 10.3. Every Frenchman, with the exceptions fixed
by law, owes military service, and that of the National
Guard. The power of any citizen of liberating himself
horn personal military service shall be regulated by the
law of recruitment.

Art. 103. The organisation of the National Guard
and the constitution of the army, shall be regulated by
a law.

Art. 104. The public force is essentially obedient. No
armed body can deliberate.
Art. 105. The public force employed to maintain
order at home only acts on the requisition of the consti-
tuted authorities, according to the. rules ,detcrinined by
the Legislative Power.
Art. 106. A law will determine the cases in which the
state of siege may be declared, and will regulate the
forms and the effects of that measure.

Art. 107. No foreign troops can be introduced on the
French territory without the previous consent of the Na-
tional Assembly.
CHAPTER X.—PARTICULAR PROVISIONS.

Art. 108. The Legion of Honour is maintained; its
statutes shall be revised and put in harmony with the
Constitution.

Art. 109. The territory of Algeria and of the colonies
is declared French territory, and will be rgled by parti-
cular laws until a special law places them under the
regime of the present Constitution.

Art. 110. The National Assembly confides the deposit
of the present Constitution, and of the rights which
consecrates, to the guardianship and patriotism of all
Frenchmen.

CHAPTER XL-OF THE REVISION OF THE CONSTI.

orrrTroN.

Art. 111. When, in the last. year of a Legislature,
the National Assembly shall express a wish that the
Constitution should be modified wholly or in part, it
shall proceed to that revisio❑ in the following man-
ners:—The wish expressed, by the Assembly shall
not be converted into a definite resolution until
after three consecutive deliberations, each taken
at intervals of one month, and with three-fourths of the
votes expressed. The number of voters should be at
least 500. The Assembly of revision shall only be
named for three months. It shall only occupy itself
with the revision for which it shall have been convoked,
but it may nevertheless, in case of urgency, provide for
any legislative necessities.
CHAPTER XIL—TEMPORARY PROTISIONEI.
Art. 112. The existing provisions of the codes, laws,
and regulations which are not contrary to the present
Constitution remain in force until they shall have been
legally abrogated. _

Art. 113.—A1l the authorities constituted by the ex-
isting laws remain in exercise until the promulgation of
the organic laws vihieh concern them.

Are. 114. The law of judicial organization will deter.
mine the special mode of nomination for the first corn•
position of, the new tribunals.

Art. 115. After the 'rota of the Constitution, the Na-
tional Constituent Assembly shall proceed to draw up
the organic laws, the enumeration of which shall be de-
termined by a special law.
Art. 116. The first election of the President of the
Republic shall be proceeded with conformably to the
special law passed by:the National Assembly on Oct. 28,
1448.

LAW IN'FELLIGEI\CE.
ROLLS' COURT, Nov. 15.
WILSON V. EDEN.
This cause, for carrying into effect the trusts unper-
formed of the will of Mr. Peter Johnson, of York, with
seven codicils, proved in 1796, was again resumed, and
Mr. Malins, for the defendant, Sir William Eden, who
was in part heard yesterday, continued his address, and
was followed by Mr. Dumergue, after which Mr. Turner,
for the plaintiff, replied. The case depended mainly
upon the following proviso in the will of the testator :
" Provided always, that if it shall happen that my said
daughter shall have no issue male of her body living at
her death, or no such issue male as shall be entitled by
the true meaning of this my will to my real estates
hereby limited and settled as aforesaid, then, and in
either of these cases, I devise all my real estates (sub-
ject respectively as aforesaid) to all the daughters, if
more than one, of the body of my said daughter who
shall be living at her death, as tenants in common, and
their heirs respectively, with cross remainders amongst
them, in case of any one or more of them happening to
die under the age of twenty-one years and without
issue ; and if there be but one such daughter living at
her decease, and no issue of any other such daughter
then in being, then only to such surviving daughter and
her heirs."

Lord LANGDALE said it •did not appear 'to him per-
fectly clear. He thought the sentence must bo con-
sidered as ambiguous, and it seemed to him to be a
matter of necessity that the other parts of the will
should be looked to. He gave- no opinion, excepting
that it was the case of an ambiguous will, and he
should send it to a court of common law for the opinion
of the judges.
After some remarks from the Counsel,
His LORDSHIP said that he should send the case for
the opinion of the Court of Queen's Bench.
LEWIS V. BALDWIN.
This cause came on upon objection taken for want of
parties.
Mr. ROUPELL and Mr. GOLDSMID, for the defendants,
took the objection, which was opposed by Mr, TURNER
and Mr. ANDERSON for the plaintiff:
The suit related to.the..Midland Great Western Rail-
way Company in Ireland, the railway from Dublin to
Mullingar, and from Mullingar to Galway.
Lord LANGDALE said the circumstances were such
that he eould not safely decide upon them until the
hearing of the cau: e.

VICE-CHANCELLOR'S ItihAe NVICCEE.Lc
RIMELL V. SIMPSON.
Bolton, by her
In this case a lady, named Elizabeth
Itßoitaltoeinjl'n Maria
S© line a
La. sOrfc E' L COURT,
onf Gio Dv )15.
will gave a legacy of 50/. to the plaintiff,
'lst executorshen an
invested Infant,
in
t
per Cent. Console. When the plaintiff attained her ma-
jority she applied to the executors for the legacy of 501.,
rum consequence
ofs
of
i n whichth e TMh rrese.
upon which she also claimed interest at 4 per cent., to
be computed from the end of six months from the de-
cease of the testatrix, amounting in the whole to the
sum of 661. In answer to this application, it was stated
that the sum of stock paid in to answer the legacy, with
the interest upon it, only amounted to 561. 135., and this
sum the executors were ready to pay to the plaintiff.
This offer was, however, refused, and the present suit
immediately instituted against the executors for the 66/. which the plaintiff had claimed.
Mr. Bethell and Mr. Rogers appeared for the plaintiff. Mr. STUART and Mr. WALFOIiD appeared for the exe-
cutors, and contended that the executors being obliged
to invest the legacy on account of the plaintiff's mino-
rity, it was precisely the same thing as if it had been
invested by the Accountant- General; expense had like-