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Spheres
of competence of the section de Législation of the Conseil d'Etat from
1800 to 1814
Between 1800 and 1815, the scope of a section was defined in relation
to the matters and legislative texts put to it by the ministries. The
inventory of printed documents of the Conseil d'Etat gives an idea of
the principal questions which were submitted to it, in the absence of
the agendas and the minutes of its meetings which were destroyed in
1871.
The section de Législation seems above
all to have been made responsible for drawing up and applying the great
Napoleonic Codes. Its role as legislator appears to have been a major
one. It took care of the setting up of the courts of the Consulate and
the Empire and the recruitment of magistrates. To it are owed the reorganisation
of civil and criminal law and the different levels of jurisdiction under
the Consulate and Empire.
The following are matters dealt with by
the section de Législation between 1800 and 1814, according to the inventory
of printed documents of the Conseil d'Etat.
1. Drawing up and application of the Codes,
statute books
Code of civil law
Code of civil procedure
Code of mercantile law
Criminal code
Napoleonic code
Publication, effects and application of laws
Application of laws in annexed territories
Organisation of public records
Organisation of the notarial profession
Regulation of auctioneers
Legislation on alcohol
2. Civil and criminal
law
Administration of the law
Criminal procedure
Application of penalties imposed by the courts
Problems raised by public servants charged with a criminal offence or
public servants called as witnesses in a trial
Recidivism and forgery
Fine on appeal Jurisdiction of the Tribunal Criminel de la Seine
Jurisdiction of the University
Expropriation in the public interest
Ambassadorial privileges
Distraint Letters confirming an appointment
3. Administrative law
Organisation of the Judicial Section (contentieux)
of the Conseil d'Etat
Distribution of the auditeurs (junior officials) of the Conseil d'Etat
in the courts or authorities
Legal proceedings in forestry administration
Legal procedures open to prefects against elected councillors who do
not submit their accounts
4. Organisation of the courts
Organisation of the courts of first instance
and courts of appeal
Organisation of the Imperial High Court
Election of justices of the peace
Deputation of members of the Government to the Court of Cassation
Lists of jurors based on the lists of persons of distinction
Salary of public servants in the judiciary
Retirement pensions of magistrates and public servants in the judiciary
Exercise of the profession of lawyer and discipline of the Bar
Clerk of the court's dues
5. Combating embezzlement
Regulations for tontines and problem posed
by the Lafarge fund
Counterfeiting of money
Judgement of contraband (expedition of proceedings)
Rights of the Treasury over the assets of accountants
Privileges of the Treasury
6. . Problems related to the legacy of the
Revolution
Harbouring deported priests
Religious affairs
Emigration
French nationals in the service of foreign powers and foreigners wishing
to come and live in France
Deductions from the purchasers of national property
Problems caused by the Carignan appanage
Titles and entailed property
Abolition of the feudal system
7. Maritime affairs and others
Organisation of the maritime courts
Organisation of the Prize Court
Judgement of property captured at sea
Return of foreign ships captured by privateers
Granting of the sandbanks of Mont Saint Michel
Price of passports
Ownership and running of the Théâtre de la Gaîté Imprimerie Nationale
(national printing office) Organisation of markets
Marking of fabrics
Mining exploitation and concessions
Exchanges with Crown Lands
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