Letter

Jules Grévy to By the President, of the Republic: The keeper of the seals, April 14, 1883

[Inclosure 3.—Translation.]

decree relative to the appointment of the associate judges of the court at tunis for criminal cases.

The President of the French Republic, in pursuance of the report of the keeper of the seals, minister of justice and worship; in view of Article 4, paragraphs 3 and 4, of the law of March 27, 1883, providing for the organization of French courts in Tunis, the council of state having been heard, hereby decrees as follows:

Article 1. The general list of associate judges shall be composed of 150 names, and shall be divided into distinct classes: The first class shall contain the names of the French associate judges; the second, the names of the foreign associate judges; the third, the names of the native associate judges. The number of the associate judges of each class shall be 150.

Art. 2. These lists shall be prepared by a commission, which shall be composed as follows:

As regards the appointment of French associate judges: 1st. of the minister resident of France in Tunis or of his representative, president; 2d, of the presiding judge of the court; 3d, of the attorney of the Republic; 4th, of the consul-general of France, or, if there shall be none, of an officer designated by the minister of foreign affairs; 5th, of the first deputy of the nation.

As regards the appointment of associate judges of foreign nationalities: 1st, of the minister resident of France at Tunis or his representative, president; 2d, of the presiding judge of the court; 3d, of the attorney of the Republic; 4th, of two notables, who shall be designated by the representatives of the foreign powers.

As regards the appointment of native associate judges: 1st, of the minister resident of France in Tunis or his representative, president; 2d, of the president of the court; 3d, of the attorney of the Republic; 4th, of two officers or notables, who shall be designated by a decree of his highness the Bey.

Art. 3. Two copies of the list shall he prepared, one of which shall be deposited with the clerk of the court, and the other shall remain among the archives of the residence [legation?]. The lists shall be permanent until they are renewed.

Art. 4. The list of the French associate judges shall be prepared so soon as this decree shall have been promulgated. Those of the foreign and native associate judges shall be prepared when orders or decrees of his highness the Bey, issued with the consent of the French Government, shall have extended the competence of the court to the subjects or citizens of other powers or to natives. The commissioner appointed in pursuance of Art. 2 shall be convoked every year by the minister resident of France, during the month of December, in order that they may renew the list of associate judges.

Art. 5. The first list prepared in pursuance of these regulations shall remain in force until the 31st of December following The list subsequently prepared shall remain in force from January 1 to December 31 of each year.

Art. 6. The associate judges shall be chosen among persons at least thirty years of age, and of well-known respectability and standing.

Art. 7. The office of associate judge shall not be held by any French or foreign officer in Tunis, by any person actively engaged in the military or naval service, or by any Tunisian civil or military officer. Domestics or servants shall not be appointed associate judges.

Art. 8. One month at least before the opening of each criminal session the presiding judge of the court shall draw by lot in the chamber of the council, from the general lists, and at the rate of ten from each class, the names of the officers who shall be called during the said session to complete the number required by the court.

Art. 9. The six persons whose names shall have been drawn first from the list of the first class shall be designated as associate judges for the next session. The four others shall, according to the order of drawing by lot, replace such associate judges as may have died and such as may furnish evidence of inability to act owing to absence or sickness, or as may have been sentenced to punishment on account of a crime or misdemeanor since the renewal of the list, or who may be undergoing a criminal prosecution.

If the accused or one of the accused is a French citizen, the associate judges or their substitutes shall sit as assistants of the court. If the parties accused are of foreign nationality, the presiding judge of the court shall summon lo sit with the three French associate judges the three foreign associate judges whose names shall have been drawn first from the list of the second class.

If the parties accused are natives, the presiding judge of the court shall likewise provide for the replacement of the last three French associate judges by the addition of the three native associate judges whose names shall have been drawn first from the list of the third class. If of the parties accused some are foreign and others natives, the last three French associate judges shall be replaced by two foreign associate judges and one native associate judge in the order of the drawing by lot.

Provision shall be made for the replacement of such foreign or native judges as may have died, or be absent, sick, condemned or under prosecution, by the summons of the associate judges designated after them by lot and in the order of the drawing.

Art. 10. The names of the associate judges who shall have acted as such during one session shall not be inserted in the other lists to be drawn during the current year.

Art. 11. The keeper of the seals, minister of justice and worship, shall have charge of the execution of this decree.

JULES GRÉVY.

By the President, of the Republic:

The keeper of the seals, minister of justice and worship

F. MARTIN-FEUILLEE.

The President of the French Republic, in accordance with the report of the keeper of the seals, minister of justice and worship, in view of the law of March 27, 1883, providing for the organization of French courts in Tunis, and the appointment of six justices of the peace to sit at Tunis, Bizerta, Goletta, Keff, Sousa, and Sfax, the council of state having been heard, hereby decrees as follows:

Article I. The jurisdiction of the justices of the peace of Tunis shall comprise the military district of Tunis, except that part of this district which is reserved to the justice of the peace of Goletta, and the military districts of Aïn-Tonga and Zaghouan. The district of the justice of the peace of Bizerta shall comprise the military district of Bizerta, the sub-district of Mateur and the district of Beja.

The district of the justice of the peace of Goletta shall comprise that part of the district of Tunis which is situated between the sea and a determinate line drawn through Ramart, Aouina, Oued Méliana, and the limit of the district of Zaghouan. The district of the justice of the peace of Keff shall comprise the military district of Aïn-Drahm, Ghardi maou Kerf, and the sub-district of Feriana. The district of the justice of the peace of Sousa shall comprise the military districts of Sousa, Kaiouan, Mahadia, and of Hamada.

The district of the justice of the peace of Sfax shall comprise the military district of Sfax Djilma, Mahares, Gabes, El-diacha, the sub-district of Tozeur and the districts of Gafsa aud Djerba, Ksar, Mousenim.

Art. 2. The keeper of the seals shall have charge of the execution of this decree.

JULES GRÉVY.

By the President of the Republic: The keeper of the seals, minister of justice and worship, F. MARTIN-FEUILLÉE.

Sources
FRUS u2014 Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P.