ions of judges. It has the power of annulling all procedures in
which the legal forms have been violated, and all judgments which are in
direct contradiction with the text of the law. It can take cognizance
only of questions of law, and not of those of facts and material
details; after having quashed a judgment, it sends the case back to
another court of the same order as that of which the decision has just
been annulled. This new decision may be again attacked and set aside,
but to prevent the endless repetition of this process, the tribunal or
the court to which the case is referred after a second reversal must
conform on the point of law with the decision of the Cour de Cassation.
It can pronounce upon the decisions of all the tribunals of the
judiciary, properly so called, but cannot take cognizance of any
decision of administrative justice. The decisions of the military
tribunals can be brought before it only by non-military persons
appealing against the incompetence of the military jurisdiction in their
case. It can quash the decisions of Juges de Paix only when they exceed
their power. It cannot determine upon the decisions of voluntary
arbitrators, who are not considered as legal tribunals, nor upon
judgments which are not definitive and conclusive, or which have
acquired the authority of the famous _chose jugee_,--decision rendered.
The Cour de Cassation consists of a first President, three Presidents of
Chambers, forty-five Conseillers divided among the three chambers (of
Requetes, Civil and Criminal), a Procureur general, six Avocats
generaux, a Greffier en chef, and four Greffiers. The Chambre des
Requetes sits in judgment in all civil matters not excepted by some law,
if the appeal is admissible. In this case, it sends back, by a decision
the grounds of which are not given, the case to the Chambre Civile.
Otherwise, it rejects the appeal by a decree the grounds of which are
given. It renders judgment in electoral matters, and, within certain
limits, in various special affairs.
The Chambre Civile decides definitely upon all appeals received and sent
to it by the Chambre des Requetes, it takes cognizance directly of
appeals in questions of expropriation for the public utility, of appeals
brought, in questions of law only, in civil matters, by the _proces
gallican_ before the Cour de Cassation; of appeals, when there are
grounds, in disciplinary matters.
The Chambre Criminelle decides directly upon appe
|