Up to the present period the Ottoman government has not had any distinct
tribunals of this character other than those based upon holy Islam law
and the police department. Their absence has, heretofore, been much
felt, and the present law fills up a vacuum, so to speak, in the Ottoman
courts. Besides the court of the “Sheik ul Islam,” a religious chief of
the Mussulman religion, and the minor tribunals of the same character,
called “Mekenehs,” presided over by caadies, there are others, based
upon the French system, for the trial of commercial and maritime suits.
All criminal and correctional cases came before the police department of
the capital, whose attributes were ill-defined.
The capital and its suburbs, are now divided into “carininacamliks” “and
“mutesarifliks,” in the same manner as the provinces, somewhat
resembling “mayoralties” and “wards” in the United States, the highest
authority over which is the supreme council of justice, sitting as the
Sublime Porte. This new system is a decided improvement over the old,
and excellent results may be expected from it.
It only remains to be said that, at the present date, there are
twenty-three Turkish piasters to one dollar.
[Inclosure No. 2.—Translation.]
Law on the organization and the attributes of the civil,
correction, and criminal tribunals of Constantinople.
CHAPTER I.—Tribunals of first instance.
Article 1. The tribunals of first instance
are divided into two classes, viz, those of the canton and those of
the ward.
The tribunals of the canton sit in the principal places of the
cantons, (carinmacamliks,) and those of the wards in the chief
places of the mutesarifliks of Constantinople and its suburbs.
First class.—
Tribunals of the canton.
Artice 2, A tribunal of the canton of first
instance sits in the chief places of the carinmacamliks of
Constantinople. It is composed of a president, two members, a
judge-auditor, and a sufficient number of clerks and constables.
Article 3. The said tribunals cannot
proceed to the examination of suits, except when the president and
the members are assembled.
Article 4. In the absence of the president,
the eldest of the members shall take his place. In case that one of
the members be absent, or fills the place of the president
provisionally, he will be replaced by the orders of the magistrate
presiding, by the judge auditor.
Article 5. Beyond the affairs which are
within the competency of the tribunals of the cheri, (holy law,) or
may belong to the religious authorities of the non-Mussulman
communities, or, indeed, those which are to be examined by special
councils and tribunals, the cantonal tribunals of first instance
will decide definitely on affairs amounting to 1,000 piasters, or on
an annual revenue of 100 piasters, or also on facts calling for an
imprisonment of from twenty-four hours to one week, or a fine of
five majidiks in silver as a maximum.
Article 6. The tribunals will take
cognizance on appeal of suits amounting to the sum of 5,000
piasters, or an annual revenue of 500 piasters, or crimes calling
for an imprisonment of three months, or a fine of 5 Ottoman pounds.
They will also draw up the primary acts of examination in criminal
matters.
Class II.—Tribunals of the wards (arrondissements) of first
instance.
Article 7. There have been instituted two
tribunals of wards in Stamboal, a third in Pera and another in
Seutary. Each tribunal of a ward is divided into two sections, one
of which is civil and the other correctional.
Article 8. Each of these sections is
composed of a president and two members, to whom are adjoined two
judge-auditors and a sufficient number of clerks and constables.
Article 9. The tribunals of the wards of
first instance will hold their sittings conformably with the
dispositions of the third and fourth articles aforementioned.
Article 10. A special regulation will
determine the attributions of the judge-auditors, and the clerks,
(greffiers,) insomuch as relates to the examination of the suits,
and the reduction of the papers concerning them.
Article 11. The functions of the constables
(huissiers) consist in the summons and the judicial notices. A
special regulation will determine the forms.
1°. Attributions of the civil
sections of the tribunals of the wards.
Article 12. Are not subject to appeal,
judgments rendered by the civil sections to the sum of 500 pasters,
or a revenue (annual) of 500 piasters. It is not allowable,
moreover, to make appeal against the decisions of these sections in
causes which,
[Page 677]
though,
inferior in principle to the aforementioned sum, would surpass it by
adding the interest. The same will be the case when the defendant
will, on his side, put forward against the principal action a demand
in offset, of a value inferior to the afore-stated sums, and which
when joined together the two claims would surpass them.
2°. Attributions of the correctional
sections of the tribunals of the wards of first
instance.
Article 13. The attributions of the
tribunals of the wards will consist in a recognizance in first
instance of the offenses and crimes which may have been committed
within the full extent of their jurisdiction, and to removal to the
criminal courts, the facts which establish crimes limiting
themselves to acts of examination. The correctional sections will
decide, without appeal, on cases of three months’ imprisonment, and
five Ottoman pounds fine.
CHAPTER II.—Courts of appeal.
1°. Organization and attributions of
courts of appeal.
Article 14. There has been instituted a
court of appeal, which will hold its sessions near the supreme court
of justice. The court of appeal will take cognizance, on the demand
of the party interested, of the judgments in civil matters given in
first instances by the tribunals of the canton and the ward of
Constantinople and its suburbs.
Article 15. The court of appeal is composed
of a president, of four members, and of five judge auditors, to whom
will be added a sufficient number of clerks and constables.
Article 16. The civil tribunals of first
instance, and of appeal, will conform to the principles and
dispositions of the supreme court of justice for the examination and
hearing of suits.
2°. On the organization and the
attributions of the correctional and criminal courts.
Article 17. There has been instituted at
the prefecture of the police a court divided into two sections, the
one criminal and the other for the appeals in correctional
matters.
Article 18. The criminal court takes
cognizance of all facts which may arise in criminal matters in
Constantinople and its suburbs.
Article 19. It is composed of a president
and four members, to whom will be added a sufficient number of
judge-auditors, of judges of instruction, and clerks.
Article 20. The correctional court will
take cognizance in appeal, on the demand of the party interested, of
judgments rendered in correctional matters of first instance, by the
tribunals of the canton and the ward.
Article 21. The correctional court is
composed of a president, of four members, of a sufficient number of
judge-auditors, of judges of instruction, and of clerks.
Article 22. The correctional and criminal
courts will conform to the dispositions of the IVth chapter of law
promulgated the 21st of Zillaadeh, 1286, concerning the tribunals of
Constantinople, and Chapter III, of the supreme court of justice,
for the instruction and examination of suits.
CHAPTER III.—Court of cassation.
Article 23. The court of cassation (appeal
or annullation) will sit near the supreme council of justice,
composed of two sections—one for civil matters, and the other for
criminal and correctional matters. It is submitted in its
organization to the principles and dispositions of Chapters I and
III of the law of the supreme council of justice.
Artcle 24. The civil, criminal, and
correctional courts, which are the object of the present law, being
placed under the dependence of the department or ministry of
justice, the choice and the nomination of their president and their
members will take place by an imperial ordnance On the report of
said ministry.
Article 25. The dispositions, of the law
promulgated the 21 Zilcadé, 1286, on the tribunals of Constantinople
and its suburbs, which are contrary to the present, are, and remain,
annulled.
The date of the imperial ordnance issued for the execution of the
present law—
The 21 Ramazan, 1288, or November 21,
1871.—(O. S.)
