government of souls-a liberty which does not exist where the vicar of Jesus Christ is not, at home, a true sovereign, independent of all human sovereignty. What is the conclusion from this if it is not that the question which concerns us in Italy is also eminently a religious one as far as it is connected with the fundamental principle of the liberty of the Church. Hence in our conduct towards various nations we constantly make all converge to the same end, religion, and through religion the deliverance of society, the welfare of peoples.

137. The Law of Associations.

July 1, 1901. Duvergier, Lois. CI, 260-285.

The history of the Third Republic has been marked by frequent conflicts between the government and the Catholic clergy, especially over educational matters. The religious orders particularly are charged with inculcating in their pupils ideas hostile to the Republic. This law was passed for the purpose of reaching the orders most suspected of exerting such an influence. As this volume is passing through the press, a law forbidding all teaching by religious orders is under consideration. It has already passed the Chamber of Deputies and seems likely to pass the Senate.

REFERENCE. Gerard, The French Law of Associations.

TITLE III.

13. No religious congregation can be formed without an authorisation given by a law which shall determine the conditions of its operation.

It cannot found any new establishment except in virtue of a decree rendered in Council of State.

The dissolution of the congregation or the closing of any establishment can be pronounced by decree rendered in council of the Ministers.

14. No one is allowed to manage, either directly or through an interposed person, an educational institution of any kind whatsoever, nor to give instruction therein if he belongs to a non-authorised religious congregation.

Contravenors shall be punished with the penalties provided by article 8, §2. In addition, the closing of the institution can be pronounced by judgment of condemnation.

15. Every religious congregation keeps a statement of its

receipts and expenses; it prepares annually the financial account of the past year and an inventoried statement of its real and personal property.

The complete list of its members, mentioning their patronymical names as well as the names under which they are designated in the congregation, their nationality, age and place of birth, the date of their entrance, must be kept at the residence of the congregation.

It is required to produce, without alteration, upon every requisition of the prefect, by himself or by his delegate, the accounts, statements and lists above mentioned.

The representatives or directors of a congregation which shall have made false communications or refused to comply with the requisitions of the prefect in the cases provided for by the present article shall be punished with the penalties provided by $2 of article 8.

16. Every congregation formed without authorisation shall be declared illicit.

Those who shall have taken part therein shall be punished with the penalties decreed by article 8, $2.

The penalty applicable to the founders or administrators shall be doubled.

18. The congregations existing at the moment of the promulgation of the present law, which may not have been authorised or recognized, within the space of three months, must prove that they have made the necessary efforts in order to conform to its requirements.

In default of this proof, they shall with perfect right be reputed dissolved. It shall be the same with the congregations to which the authorisation shall have been refused.

Liquidation of the property retained by them shall take place in the courts. The tribunal, at the request of the public minister, shall appoint, in order to proceed thereto, a liquidator who shall have during the entire continuance of the liquidation all the powers of a sequestration administrator.

The judgment ordering the liquidation shall be made public in the form prescribed for legal announcements.

The property and values belonging to members of the congregation, prior to their entrance into the congregation, or

which may have fallen to them since, either by succession ab intestat in the direct or collateral line, or by donation or legacy in the direct line, shall be restored to them.

The gifts and legacies which may have come to them otherwise than in the direct line can likewise be reclaimed, but subject to the furnishing of proof by the beneficiaries that they have not been the interposed persons provided for by article 17.

The property and values acquired by gratuitous title and which may not have been specifically made over by instrument of gift to a work of charity can be reclaimed by the donor, his heirs or interested parties, or by the heirs or interested parties of the testator, without it being possible to oppose to them any prescription for the time elapsed before the judgment pronouncing the liquidation.

If the property or values have been given or bequeathed with a view not to favoring the congregationists, but to provide for a work of charity, they can be reclaimed on condition of providing for the accomplishment of the aim assigned for the gift.

Every action in recaption or reclamation, on penalty of foreclosure, must be brought against the liquidator within the space of six months, dating from the publication of the judg

ment.

After both parties have been heard, judgments rendered for the liquidator and which have acquired the authority of res adjudica are opposable to all interests.

After the space of six months, the liquidator shall proceed to the sale by judicial process of all immovables which may not have been reclaimed or which may not be appropriated to a work of charity.

The product of the sale, as well as all the movable values. shall be deposited with the deposit and consignment fund. The maintenance of the poor in hospitals, until the completion of the liquidation, shall be considered as privileged expenses of liquidation.

If there is no contest or when all the actions brought within the prescribed period shall have been adjudicated, the net assets are divided among the interested parties.

The rule of public administration laid down by article 20 of the present law shall determine, out of the assets remaining

free after the previous deduction above provided for, the allowance, in capital or under form of life annuity, which shall be assigned to the members of the dissolved congregation who may not have assured means of existence or who may prove that they have contributed to the acquisition of the values put in distribution by their personal labor.

20. A rule of public administration shall determine the proper measures to assure the execution of the present law.

THE END.

INDEX