Abbildungen der Seite
PDF
EPUB

ART. 275. In those places where such establishments do not as yet exist, sturdy beggars shall be punished by imprisonment for a period of not less than one month, and not more than three.

If they be arrested out of the district in which they usually reside, they shall be imprisoned from six months to two years.

ART. 276. All mendicants, even invalids, who shall make use of threats, or enter without leave of the owner or other persons of the family, a dwelling house or inclosure thereto belonging, or who shall feign sores or infirmities, or shall beg in company of each other, unless they be husband and wife, father or mother and their young children, or a blind man and his guide, shall be imprisoned from six months to two years.

Rules applicable to vagrants and beggars.

ART. 277. Every beggar or vagrant found disguised in any manner whatever, or bearing any kind of arms, although he should not have made use of them to hurt or threaten-or found provided with files, hooks, or any other instruments serving to commit robberies or other offences or to enter houses,-shall be punished by imprisonment for a period not less than two years and not more than five.

ART. 278. Every beggar or vagrant on whom shall be found an effect or effects, of the value of more than one hundred francs, and who shall not give a satisfactory account how they came into his possession, shall be punished as provided in art. 276.

ART. 279. Every beggar or vagrant who shall assault or commit violence upon individuals, shall be condemned to confinement, exclusive of such punishment as may be applicable to the case according to its nature and degree.

ART. 280. Every beggar or vagrant who shall commit a crime subjecting him to the punishment of hard labour for a limited time, shall moreover be branded.

ART. 281. All beggars or vagrants, bearers of false certificates, passports or feuilles de route, shall suffer the highest degree of punishment provided by this code for the several offences, of which such papers are the subject matter.

ART. 282. Beggars or vagrants who have undergone any of the punishments mentioned in the preceding articles, shall remain afterwards at the disposal of government.

SECTION VI. Offences committed by means of writings, pictures or engravings published without the name of the author, printer or engraver.

ART. 283. Every person who shall knowingly be concerned in the publishing or distributing of any kind of books, pamphlets, advertisements, handbills, journals, periodical or other printed papers, in which the true indication of the name, profession and place of abode of the author or printer is not given, shall for that alone, be imprisoned from six days to six months.

ART. 284. Excepting only, 1. The hawkers, bill-stickers, venders and distributers of the said papers, who shall make known the person from whom they have received the same. 2. The person who shall give information of the printer's name. 3. And even the printer himself if he shall make known the author. The persons here excepted shall only be liable to the penalties inflicted by the police.

ART. 285. If the said printed papers contain an incitement to the commission of crimes or offences, the hawkers, bill-stickers, venders and distributers of the same, shall be punished as principals, unless they make known the person from whom they had them.

In which case they shall only be punished by imprisonment, for a term not less than six days, and not more than three months. ART. 286. In all the above cases, the copies seized shall be confiscated.

ART. 287. Every person who shall expose for sale or otherwise, or distribute any immoral or indecent songs, books, pamplets, pictures or prints, shall be punished by a fine from sixteen to five hundred francs, imprisonment from one month to one year, and by the confiscation of the plates and copies of the said songs, books, pamphlets, pictures, prints, &c.

ART. 288. Excepting only-1st. The hawkers, bill-stickers, venders and distributers of the said songs, books, pamphlets, pictures or prints who shall make known the person from whom they had them. 2d. Any person concerned, who shall have made known the printer or engraver. 3d. Even the printer or engraver, if he make known the person who bespoke the printing or engraving of the said objects; all of these shall only be liable to the penalties inflicted by the police.

ART. 289. In all the cases expressed in the present section, the author when known, shall suffer the highest degree of the punishment applicable to the description of his offence.

ART. 290. Every person who without authorization from the police, shall follow the business of a hawker or sticker of printed bills, paintings or engravings, although such printed bills, &c. may be subscribed by the authors, printers, painters or engravers, shall suffer imprisonment from six days to two months.

SECTION VII. Unlawful associations or meetings.

ART. 291. No association shall be formed of more than twenty persons, to meet every day, or on certain appointed days, for religious, literary, political or other objects or purposes, except with the special license of government, and under such conditions as it shall think proper to impose upon them.

In the number of twenty persons mentioned in the present article, are not included the family and inmates of the house where the society meets.

ART, 292. Every association which shall be formed as above,

without being thereto authorized, or when authorized, shall infringe the conditions prescribed to them, shall be dissolved.

The heads or those having the direction or management of the society, shall moreover be fined from sixteen to two hundred francs.

ART. 293. If at the meeting of any such society, there shall be made or delivered any speech, discourse, exhortation or prayer, or if any writing in any language whatever, be read, published, posted up or distributed, tending to induce the commission of crimes or offences, the heads of such society, or those having the direction or management thereof, shall be fined from one hundred to three hundred francs, and imprisoned for a period not less than three months, and not more than two years, and this shall not operate as an exemption from such severer punishments as the law provides against individuals exciting others to the commission of crimes or offences. These punishments shall be inflicted on all the parties concerned, and shall in no case be less than those inflicted on the heads, directors and managers of the society.

ART. 294. Every person, who not being specially authorized thereto by the municipal authority, shall permit his house or lodging, or any part thereof, to be used for the meeting of the members, even of a legal association, or for the exercise of worship, shall be fined from sixteen to two hundred francs.

TITLE II.

Crimes and offences against individuals.

CHAPTER I.

Crimes and offences against persons.

SECTION I. Murder and other capital crimes;-threats of personal injury.

§ I. Murder, assassination, parricide, infanticide, poisoning. ART. 295. Wilful homicide is styled murder.

ART. 296. Murder committed with premeditation or by lying in wait, is styled assassination.

ART. 297. Premeditation consists in the preconceived design before the commission of the act, to do or attempt to do harm to the person of a particular individual, or even of any individual that may be found or met with, although such design should be dependent upon particular circumstances, or to be executed only in a certain case.

ART. 298. Lying in wait consists in waiting during a longer or shorter space of time, in one or more places, for an individual, with the intention either to kill him, or to use some violence against his person.

ART. 299. The murder of a father or mother by a child, whe

ther the latter be legitimate, natural or adoptive, or of a legitimate lineal ancestor, is called parricide.

ART. 300. The murder of a new-born infant is called infanticide. ART. 301. Every attempt on the life of a person by means of substances which sooner or later may occasion death, in whatever manner such substances be employed or administered, and whatever may have been their effect, is denominated poisoning.

ART. 302. Every person guilty of assassination, parricide, infanticide or poisoning, shall suffer death, and persons convicted of parricide shall moreover suffer in the manner provided in art. 13. ART. 303. All malefactors of whatever description, who for the accomplishment of crimes, shall make use of tortures or commit acts of barbarity, shall be punished as though guilty of assassination.

ART. 304. Murder shall be punished with death, when perpetrated during or immediately before, or after, the commission of any other crime or offence.

In every other case, the person guilty of murder shall be punished by hard labour for life.

§ II. Threats.

ART. 305. Every person who by means of writings either with, or without signature, shall menace any individual or individuals with assassination, poisoning or any other injury punishable with death, hard labour for life or deportation, shall, if such threats be accompanied with an order to deposit a sum of money in a certain place or to fulfil any other condition, be condemned to hard labour for a limited time.

ART. 306. In any other case, the punishment shall only be imprisonment for a period not less than two years, and not more than five, and a fine from one hundred to six hundred francs.

ART. 307. If the threat accompanied with an order or condition, be only verbal, the offender shall be imprisoned for a term not less than six months, and not more than two years, and fined from twenty-five to three hundred francs.

ART. 308. In the cases expressed in the preceding articles, the offender shall moreover be liable to be placed by the sentence or judgment, under the immediate inspection of the higher police, for a period not less than five years, and not more than ten.

SECTION II. Of battery and wounding not amounting to murder, and other voluntary crimes and offences.

ART. 309. Every person who shall wound, or strike one or more individuals, so as to confine or disable him or them from labour for more than twenty days, shall be punished by confinement (la rectusion.)

ART. 310. If the crime mentioned in the preceding article, be committed with premeditation, or by lying in wait, the punishment shall be hard labour for a limited time.

[blocks in formation]

ART. 311. If the party struck or wounded, be not in consequence thereof, confined or disabled as mentioned in art. 309, the offender shall be imprisoned for a term not less than one month, and not more than two years, and fined from sixteen to two hundred francs. If the act be done with premeditation, or by lying in wait, the imprisonment shall be for a period of not less than two years, and not more than five, and the fine from fifty to five hundred francs.

ART. 312. If the culprit, in the cases expressed in the next preceding articles, has committed the crime on his legitimate, natural or adoptive father and mother, or any other legitimate lineal ascendent, he shall be punished as follows:

If the article which treats of the case, subjects the party to a fine and imprisonment, he shall be sentenced to confinement. If to confinement, he shall be put to hard labour for a limited time.

If to hard labour for a limited time, he shall be put to hard labour for life.

ART. 313. The crimes and offences designated in this and the next preceding section, if committed in a seditious assemblage of men, accompanied by rebellion and pillage, shall be imputed to the leaders, authors and instigators of such seditious assemblages, rebellion or pillage, who shall be punished as if guilty of those crimes or offences, and condemned to the same punishments, as the persons who shall have actually committed them.

ART. 314. Every person who shall make or distribute stilettoes, tromblons or any other weapons prohibited by law or by regulations of the public administration, shall be imprisoned from six days to six months.

The bearer of such weapons shall be fined from sixteen to two hundred francs.

In both the above cases, the weapons shall be confiscated, nor shall these penalties operate as an exemption from severer punishments for other crimes or offences, in which the parties may have been concerned.

ART. 315. In addition to the correctional punishments mentioned in the preceding articles, the tribunals may, by their sentence, put the offender under the immediate inspection of the higher police, for a term not less than two, and not more than ten years.

ART. 316. Every person guilty of the crime of castration shall be punished by hard labour for life.

If death shall ensue within forty days after the commission of the crime, the culprit shall suffer death.

ART. 317. Every person who by means of aliments, beverages, medicines, acts of violence or by any other means, shall procure the untimely delivery of a pregnant woman, although with her consent, shall be sentenced to confinement (la reclusion).

The same punishment shall be inflicted upon the mother who shall make use of such means, if they be followed by abortion.

Tromblon, a kind of blunderbuss which may be charged with one dozen of ball.

« ZurückWeiter »