the person who has issued it; and it shall rest with that Committee to decide whether the order shall hold good.

If several persons with the above-mentioned powers are appointed for Stockholm, a separate sphere of duties shall be assigned to each of those persons.

13. In divisions of the forces which have been, or are being, placed on a war footing, the Commander-in-Chief shall likewise have the right to issue orders for confiscation as stated in clause 12; and the procedure in regard to decisions whether the confiscation shall hold good shall be as is enacted in that clause.

14. Any person who, whilst such an order regarding the confiscation of a publication above referred to is in force, being cognisant of the confiscation, disseminates the publication, or causes it to be disseminated, in a regiment or on a vessel of the Navy, shall be punishable under Military Law, where he is subject to such law, but shall be otherwise liable to a fine of not less than 50 and not exceeding 500 crowns, or to imprisonment for a term of not less than one month and not exceeding one year.

PARAGRAPH 5.

1. The legality of the contents of prosecuted publications shan henceforward always be examined and decided by a jury or committee consisting of nine persons, who shall meet at the Court where offences against this law are prosecuted, and where the trial of the offence should be completed by the examination of the parties, the demands of the prosecutor and the pleadings of the accused.

2. The parties shall thereupon be entitled to elect each four and the Court five, or altogether thirteen well-reputed persons resident in the town or in the country, of which, after having been duly declared competent by the Court, one of the persons named by the opposite party and one of those named by the Court should be excluded by each party, without assigning reasons.

3. When the number of the members of the jury has thus been reduced to nine, they shall be summoned by the Court as soon as possible to meet on an appointed day on which they shall take the oath before the Court to deliver a judgment in accordance with their reason and conscience and to preserve absolute silence, both in regard to what is stated during the proceedings and as to which of the individual members have voted "Yes" and "No."

4. Together with a brief and concise written summary of the nature and position of the case, the Judge should put to the jury the following question: "Is the publication criminal pursuant to the paragraph in the law cited by the prosecutor?" After the President and members of the Court have retired, the jury may not separate until they have voted "Yes" or "No." At least twothirds of the votes are required for the condemnation of the accused; otherwise he shall be acquitted.

5. After having been notified of the action of the jury, the Court shall forthwith announce to the parties the judgment, with the addition either of the penalty to which the offender has made. himself liable, or of the redress to which the unjustly accused person may be deemed to be entitled.

6. Offences against the present law shall be tried at the Municipal Court in the town where a publication which has led to prosecution has been printed, or, if it has been printed at a place falling under the jurisdiction of a County Court, at the Municipal Court in the town where the Governing Body of the county has its seat. The period of summons shall be eight days. If a question arises of accusing or examining a printer or an author of a publication, he or they should appear in person before the Court, but shall in other respects enjoy legal privileges pursuant to Common Law and special regulations in all matters where it is not otherwise expressly laid down in this ordinance.

7. When the verdict of the jury has thus been delivered, the Judge shall examine and decide the case and submit his finding to the consideration of the Court of Appeal, in the manner prescribed in Chapter 25, paragraph 5, of the Legal Procedure Code; but in all cases the documents relating to suits concerning liberty of the Press should be submitted by the Lower Court to the Court of Appeal.

8. If the Minister of Justice or his representative considers that there is reason, on the principles laid down above regarding the sequestration of publications, to order or demand that a publication shall be placed under sequestration, he shall be entitled to obtain prompt assistance in the execution of the order; such assistance may not be refused by the Provincial Government. Board of Magistrates, or Police; a triple record should be made of the sequestration proceedings and the reasons therefor, and, moreover, in respect of the publication under prosecution, as to whether any copies still exist in the keeping of the printer, and, if so, the number thereof; one copy of the record to be submitted to the Minister of Justice or his representative, the other to the Board of Magistrates in the town under the jurisdiction of whose Municipal Court the printing establishment belongs, and the third to the printer. It shall be incumbent on the Board of Magistrates, under penalty for neglect of official duties, to send a copy of this record to the Attorney-General by the next post. At Stockholm the aforesaid record shall be delivered to the Attorney-General at once, or in the course of the next day at latest. The AttorneyGeneral shall thereupon, in Stockholm, within eight days, and in the provinces within three weeks at the very latest from the date on which the publication was placed under sequestration, refer the case to the proper Court and appoint a prosecutor, whereupon the Court shall decide, within eight days at latest, whether the sequestration shall hold good. If not, and if the sequestration is not withdrawn within a month, the printer shall have the right to demand assistance from the authorities in removing the sequestration, which assistance may not be refused on pain of loss of office.

The Minister of Justice or his representative shall not have power, otherwise than as above stated, to demand sequestration or to have any further dealing with the case, but shall at once refer the entire matter to the Attorney-General on whom it devolves to take further official action in such cases, in pursuance of this law

and Common Law. If any publication is reported to the AttorneyGeneral direct for prosecution, he should, within fourteen days at latest, appoint a prosecutor to institute proceedings before the proper Court; but he may not issue an order regarding any such previous sequestration as is hereinbefore referred to without consulting the Minister of Justice or his representative. If the case has been brought before the proper Court and the prosecutor has demanded sequestration, the Court should adjudicate thereon within eight days, but, nevertheless, ascertain the opinion of the Minister of Justice. or his representative, if this can be done without loss of time. If the request for sequestration is rejected, the proceedings shall nevertheless be continued; but if the request is approved, and if the Minister of Justice or his representative has so recommended, the sequestration shall be executed; provided that the finding of the Lower Court in both cases shall be submitted without delay to the Court of Appeal. The Court of Appeal should forthwith request the opinion of the Liberty of the Press Committee. If the latter recommend the sequestration, the Court of Appeal, if they find reason so to do, shall pass a judgment recommending the sequestration, and the latter shall then remain in force till the termination of the proceedings. If the Liberty of the Press Committee have advised against sequestration, but the Court of Appeal nevertheless find that sequestration should be imposed, the finding of the (Lower) Court of Appeal shall not be carried into execution, but shall be submitted to the decision of the Supreme Court. The Solicitor-General of the Estates of the Realm shall be entitled, after receiving notification, to be present when such a case is brought forward for trial; whereupon it shall devolve upon him immediately to publish the minutes and finding of the Supreme Court, at the public expense, in case a private publisher cannot be procured.

9. At a Lower Court the case shall be examined and decided by the Judge, but the latter shall submit his decision to the consideration of the Court of Appeal, in the manner prescribed in Chapter 25, paragraph 5, of the Legal Procedure Code; but in all cases the documents relating to suits concerning liberty of the Press shall be submitted by the Lower Court to the Court of Appeal.

10. With regard to the proper Court for offences referred to in paragraph 4, clause 9, and also for prosecution pursuant to paragraph 4, clause 14, against any person who is not subject to Military Law, the provisions of Common Law shall be applicable.

Prosecution pursuant to paragraph 4, clause 14, against any person who is subject to Military Law shall fall under the competence of a Military Court; in such cases the present or forthcoming regulations regarding procedure before such a Court shall be applicable, provided that the documents shall always be submitted as above stated.

11. If one or more private persons are attacked in writings issued from the Press, and if the attack is not directed against them in their official capacity, no other than the proper plaintiff may plead. nor may an appointed prosecutor ever include such a case in his

pleadings for the purpose of prosecution. Provided that the plaintiff shall be at liberty to request the office of the AttorneyGeneral for the assistance of the Crown Counsel in the case, and it shall rest with the Attorney-General whether the request shall be granted; provided that the absence or non-appearance of such a prosecutor shall not delay the trial and decision of the case before the Court. Such prosecution by private persons shall proceed in all respects in accordance with the rules laid down in the present law and in Common Law; provided that the inferior Judge, in such private conflicts, may consider and decide on questions of sequestration without ascertaining the opinion of the Minister of Justice or his representative, the parties being entitled to appeal to the Court of Appeal in the due legal form, in which case the sequestration shall not be executed.

12. In questions relating to sequestrations the County Governor, Board of Magistrates or Police are bound under penalty to assist; provided that sequestration of any publication issued in this country may not be demanded from booksellers or other sellers, unless proof can be produced that the publication has been placed under sequestration in the place of printing or unless the publication has not been submitted to the Minister of Justice or his representative in pursuance of paragraph 4, clause 2.

13. If any publication issued from the Press or if any foreign publication brought into this country has been reported by one or more envoys of foreign States or their Governments as containing matter which may cause annoyance to other Powers, the King shall be empowered graciously to decide thereon according to the nature of the case and of the circumstances, and, if he considers it necessary to arrange through the Minister of Justice or the AttorneyGeneral for the sequestration and confiscation of the publication both among printers and also sellers and other disseminators, the procedure shall be as hereinbefore enacted in regard to sequestration; in those cases where the one of the aforementioned officers who has been instructed to execute the gracious commands of the King does not appoint a prosecutor to prosecute the publisher at the competent Court, the said officer must immediately request the opinion of the Liberty of the Press Committee on the publication in question. If the Committee, who are not entitled to enter into any examination of political considerations and circumstances, find that the publication according to the letter of the law cannot be prosecuted, it shall rest with the gracious decision of the King whether in such a case the publisher or printer may receive compensation in some measure for the costs of the printing and paper of the part of the edition which may have been confiscated.

14. In the unexpected event that the Liberty of the Press. Committee should be placed under liability with reference to paragraph 108 of the Constitution, the case shall be brought

Paragraph 108 of the Constitution provides that where the Liberty of the Press Committee informed an author or printer, before printing, that a publication is not liable to prosecution, the members of the committee shall themselves be liable, i.e., they may be prosecuted if the publication is subsequently found to be criminal.

before and decided by the Svea Court of Appeal, on the institution of proceedings by the Public Prosecutor. The judgment immediately after pronouncement, together with all appertaining minutes and documents, shall be published at the public expense. If the suit is brought before the Supreme Court, the procedure shall be the same. The Solicitor-General shall be under obligation to act in such cases, to arrange for the printing of the documents relating to the case, and to be present at the trial of the suit before the Supreme Court.

15. All suits relating to offences against the present law shall be decided with the greatest promptitude, at the liability of Judges and officials, and in all cases where question may arise of the punishment of several different offences, each offence shall be dealt with separately; moreover, the offender in all cases where he has not already made himself liable to the death penalty or to penal servitude for life, shall separately undergo the punishment which he has incurred pursuant to the present law.

Fines imposed in the present law shall be commuted according to Common Law.

16. Fines pursuant to the present law shall go to the Crown with the exception of the cases where fines, in pursuance of the provisions made hereinbefore, go solely to the plaintiff.

[Editorial note.-The fines which are expressed in disused currency have been converted into kronor at the legal rate of 100 riksdaler to 150 crowns.]

SWITZERLAND.

L'ARTICLE 55 de la Constitution fédérale établit à son premier alinéa (“La Liberté de la Presse est garantie ") le principe de la liberté de la Presse et dispose, en même temps, qu'il appartient à la législation cantonale d'édieter les dispositions nécessaires à la répression des abus de cette liberté (alinéa 2). Le même article porte, en outre, que la Confédération est autorisée à statuer des peines pour réprimer des abus dirigés contre elle ou ses autorités (alinéa 3).

A part l'article mentionné de la Constitution, les seules prescriptions édictées par la Confédération relativement au régime de la Presse se trouvent dans la loi fédérale du 4 février 1853, concernant le Code pénal fédéral; il s'agit des articles suivants :

Article 69. Lorsqu'il s'agit de délits commis par la voie de la Presse, l'auteur de l'imprimé est responsable en première ligne. Cependant, si la publication et la distribution ont eu lieu à son insu ou contre sa volonté, ou si l'auteur ne peut être facilement déconvert, ou s'il se trouve hors de la juridiction fédérale, la responsabilité pèse sur l'éditeur; à son défaut, sur le libraire, et, si celui-ci. ne peut être traduit devant les tribunaux, sur l'imprimeur.