cannot be found guilty without the other-subject to the modifications contained in the Code of Procedure.

CHAPTER IV.

Of the violation of places of interment.

Art. 350. Whoever shall open a grave, or other place of interment, for the purpose of stealing the coffin, or any part thereof, or the vestments, or other articles, interred with any dead body which is deposited in such place of interment; shall be imprisoned at hard labour not less than one nor more than three years.

Art. 351. Whoever, for the purpose of sale, exposure or dissection, shall remove any dead body from the grave, or other place of interment-shall be fined not less than fifty nor more than three hundred dollars, or imprisoned not less than thirty nor more than ninety days.

Art. 352. The last preceding article does not extend to cases where a dead body shall be disinterred in the manner directed by the Code of Procedure, for the purpose of examination into the means by which the deceased lost his life.

Art. 353. Whoever shall purchase, or sell, or otherwise than is hereinafter provided, shall dissect any dead body before its interment-shall be fined not less than fifty nor more than two hundred dollars, or shall be imprisoned not more than ninety days.

Art. 354. The last preceding article does not extend to cases where a dissection is ordered in case of suspicion of murder, according to the provisions of the Code of Procedure:

To cases where the deceased has himself directed it.

To cases where it is performed by the permission of the next of kin to the deceased.

Or, to cases where dissection is ordered by law to be perfomed upon the bodies of those who die in prison, under conviction of certain offences.

Art. 355. The dead body, intended by this chapter, is that of a human being.

TITLE XVII.

OF OFFENCES WHICH AFFECT PERSONS IN THE EXERCISE OF THEIR RELIGION.

Art. 356. If any one shall MALICIOUSLY prevent any person from doing any lawful act that is required by the religion he professes; or shall, by force or threats of force, or of injury to person or property, oblige, or endeavour to oblige, any one to follow any forms of worship, or to profess any mode of religious belief, or to perform any religious rites or ceremonies; he shall be fined not less than twenty nor more than two hundred dollars, or imprisoned in close custody not exceeding forty days, or both.

Art. 357. If the offence, described in the last preceding article, shall be committed by a judicial or executive officer, under COLOUR of authority derived from his office, or by any priest or minister, or preacher of any religious congregation or sect, the punishment shall be doubled.

Art. 358. Nothing in this chapter contained shall prevent a parent or tutor, or curator, or master, from obliging his child, or ward, or apprentice, being a minor, by all such means as are permitted by law for the enforcement of his other legal commands, to conform to the forms of worship in which such minor was educated.

Art. 359. Nor do the provisions of this chapter prevent the enforcement of the rules, canons, or ordinances, made by different churches, or religious congregations or societies, for the preservation of discipline or order among their members: provided, that such enforcement shall not be made by the infringement of any civil or political right, or by any act declared by this code to be an offence.

Art. 360. If any act which by this code is made an offence, shall be committed in a place of public worship during the celebration thereof, so as to disturb any religious society in the legal performance of their worship, or their religious rites and ceremonies. The punishment for such offence shall be doubled and shall not in any case be less than a fine of fifty dollars or imprisonment in close custody for fifteen days.

Art. 361. If such disturbance be intentionally made by any act which is not otherwise created an offence, the punishment shall be fine not exceeding fifty dollars, or imprisonment not exceeding thirty days,

TITLE XVIII.

OF OFFENCES AFFECTING REPUTATION.

CHAPTER I.

Of defamation.

Art. 362. Whoever shall defame another, shall be punished by fine and imprisonment, or both.

If the defamation impute a CRIME, it shall be punished by fine not exceeding three thousand dollars, or by imprisonment not more than twelve months, or by both; and the imprisonment may, for the whole or a part of the time, be in close custody.

If the defamation do not impute a CRIME, the punishment shall be lessened one-fourth.

If the defamation be by libel, imprisonment in close custody shall always form a part of the punishment.

Art. 363. Defamation is an injury offered to the reputation of another, by an allegation which is either untrue, or, if true, is not made with a justifiable intent.

Art. 364. Defamation may be made verbally or by signs, which is called slander; or by writing or painting, which is called libel.

Art. 365. This offence consists in the injury offered to reputation, not in any probable breach of the peace or other consequence that may result from it.

Art. 366. There must be some injury offered in order to constitute the offence; therefore, the words used, or the figures represented, must convey the idea, either—

1. That the person, to whom they refer, has been guilty of some crime.

2. That he has done some act, or been guilty of some omission, which, although not a crime, is of a nature to make people in general avoid social intercourse with him, or lessen their confidence in his integrity.

3. That he has some moral vice, or physical or mental defect or disease, that would cause his society to be generally avoided: or

4. That his general character is such as to produce either of the effects mentioned in this article.

Art. 367. It is also an injury, coming within the definition, if the natural tendency of the words or representations used is to bring upon the person, to whom they refer, the hatred, ridicule, or contempt of the public; or to deprive him of the benefits of social intercourse.

Art. 368. To make false representations, importing that the party referred to wants the necessary talents, or is otherwise incompetent to

perform or conduct the office, husiness, profession, or trade, in which he is engaged; or is dishonest in his conduct therein; is also an injury within this part of the definition.

Art. 369. But it is not an offence to make true statements of fact, or express any opinion, whether such opinion be correctly formed or not, as to the qualifications of any person for any public office, with a bona fide intent to give information to those who have the power of making the appointment or election to such office.

Art. 370. Nor is it an offence to make true statements of fact, or express the opinion which he who gives it entertains relative to the integrity or other qualifications to perform the duties of any station, profession, or trade, when it is done by way of advice to those who have asked it, or to those whom it was a duty, arising either from legal or social connexion, or from motives of humanity, to give such advice.

Art. 371. Nor shall it be deemed an offence, to make or publish any criticism or examination of any work of literature, science, or art; or to express any opinion on the qualifications, merits, or competency of the author of such work, in relation thereto; although such criticism, examination, or opinion, shall be ill-founded and prove injurious to the party to whom it refers: provided, such criticism or expression of opinion be not intended to cover a malicious design to injure the party to whom it refers.

Art. 372. If the injury spoken of in the definition be OFFERED, it is sufficient to constitute the offence; by which is not meant, that the injury must be actually suffered; but that the words or representations are such as, in the ordinary course of affairs, tend to cause such injury, according to the definition and explanation of that word in this chapter. Art. 373. All those who make, publish, or circulate a libel, are severally guilty of the offence of defamation.

Art. 374. He is the maker of a libel, who originally contrived, and either gave it form himself, by writing, printing, engraving, painting, or any other of the modes which may constitute a libel, or caused it to be so done by others.

Art. 375. He is the PUBLISHER, who executes the mechanical labour of writing it when dictated by the maker, or who paints or engraves, or in any other manner gives it form under his direction, who copies, or prints it.

Art. 376. He circulates who sells a libel, or who, knowing the contents, gives or distributes, or reads, or exhibits it to others.

Art. 377. If the libel be in a printed form, and is printed or sold in an office, or shop, where books, or other printed works are usually printed or sold, the person on whose account the business of such office or shop is carried on, is presumed to be the person who published or circulated it, until he remove that presumption by contrary proof.

Art. 378. In like manner, if the libel be an engraving, or painting, and is made and sold in an office or shop, in which paintings or engravings are usually made or sold, the person on whose account the business of such office or shop is carried on, is presumed to be the person who published or circulated it.

Art. 379. No one shall be convicted merely on evidence of his having made a manuscript copy of a libel, or of having performed the mechanical labour of printing it, who can prove that he made such printed or written copy without any intent to injure the person to whom it

refers; but he, for whose account, or by whose order it is printed, shall be presumed to have known the intent of publication, and shall be liable for the offence.

Art. 380. He is not guilty of the offence, who only lends or gives a book or paper containing a libel, or reads it to another after it is already in general circulation, unless some circumstances are proved to show that it was done with design to injure.

Art. 381. The injury to constitute, the offence, must be offered to the REPUTATION. Words, or representations which injure the party in his title to property only, form a different offence, provided for under its proper head.

Art. 382. The words "of another," in the definition of this offence, comprehends every person in possession of his CIVIL RIGHTS, as also aliens, whether resident within the state or not.

Art. 383. The dead are also included in this term, but subject to the following formality and proviso:

1. No prosecution shall be commenced, but on the complaint of a family meeting, called at the request of a descendant, collateral relation, or friend of the deceased, in the manner directed by the Code of Civil Procedure.

2. No prosecution can be supported, for the statement of any historical facts, or delineations of character in any literary work, whether the party to whom they refer be dead or alive, provided such statements be made in the fair prosecution of historical or other literary disquisition, and not for the purpose of defamation.

Art. 384. The word "allegation," as used in the definition, comprehends not only the direct assertion of a fact, but every mode of speech or device, by which the hearers or spectators may understand what is intended.

Art. 385. The words or representations by which the allegation is expressed, are to be understood in the sense in which they were intended by the person using them: intent and signification are matters of fact to be determined from a consideration of all the evidence in the case.

Art. 386. An important part of the definition is that which determines that the uttering of truth may sometimes constitute defamation. The truth may be expressed in all cases in which it is not forbidden by law, but the allegation of falsehood is not always an OFFENCE; it is sometimes made the cause of private suit, sometimes left to the sanction of the moral sense, or of public opinion. For the development of this branch of the definition, the following rules are established:

1. True statements of the OFFICIAL conduct of members of the general assembly, or of public officers, and of the proceedings of all legislative bodies, PUBLIC CORPORATIONS, and courts of justice, may be legally made.

2. Observations on the tendency of the official acts of members of the legislature, and of public officers, and on their motives in performing them, are permitted, even if the author should mistake such tendency or motives; but a false allegation or suggestion of such motives, as would, connected with the act, constitute a crime, is defamation.

3. Allegations, having no natural connexion with the case, provided for by the two last preceding articles, which would amount to defamation, if made or exhibited alone, are offences, although they may be